BILL - 2003-04 ELFA
STATE OF NEW YORK
________________________________________________________________________
S. 1407 A. 2107
SENATE - ASSEMBLY
January 29, 2003
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to the powers of the
boards of trustees of the state university of New York and the city
university of New York to establish tuition rates (Part A); to amend
the education law, in relation to the powers of the boards of trustees
of the state university of New York to establish and contract with
not-for-profit corporations (Part B); to amend the arts and cultural
affairs law, the state finance law, the parks, recreation and historic
preservation law and the not-for-profit corporation law, in relation
to establishing the New York institute for cultural education and
providing for the orderly transfer of all functions, powers, duties,
obligations, and assets of the office of cultural education located in
the state education department to the New York institute for cultural
education; and repealing certain provisions of the education law
relating thereto (Part C); to amend the education law, in relation to
the calculation and payment of state aid to school districts and
boards of cooperative educational services, school construction and
the apportionment of aid, the apportionment of aid for the purchase of
cooperative educational services, the special act school districts and
their status regarding the boards of cooperative educational services,
the creation of a needs resource index in the education law in order
to prioritize the payment of aid on school construction projects, and
the ability of the state education department to continue using admin-
istrative discretion in the award of grants to school districts
notwithstanding provisions of the state finance law; to amend the
general municipal law, in relation to the contracting of school
district construction projects; to amend the public authorities law,
in relation to special school purpose agreements; to amend chapter 60
of the laws of 2000, amending the education law, relating to the
enactment of major components necessary to the implementation of the
2000-01 state fiscal plan, chapter 82 of the laws of 1995, amending
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12112-01-3
S. 1407 2 A. 2107
the education law and certain laws relating to aid to school districts
and the appropriation of funds for the support of government, and
chapter 169 of the laws of 1994 relating to certain provisions related
to the 1994-95 state operations, aid to localities, capital projects
and debt service budgets, in relation to certain expiration and repeal
dates contained therein; to amend chapter 756 of the laws of 1992
relating to funding a program for workforce education conducted by the
consortium for worker education in New York City, in relation to the
effectiveness thereof; to repeal certain provisions of the education
law relating to letting of construction contracts; to repeal paragraph
b of subdivision 1 of section 1734 and subdivisions 1 and 3 of section
1735 of the public authorities law relating to contracts of the New
York city school construction authority; and to repeal section 11 of
chapter 795 of the laws of 1967, amending the education law, the
public authorities law and the real property tax law relating to
authorizing boards of cooperative educational services to own and
construct buildings relating to boards of cooperative educational
services constructing buildings through the dormitory authority (Part
D); to amend the education law, in relation to the number and appoint-
ment of members of the board of regents, promulgation of regulations
by the regents and the commissioner of education, and the responsibil-
ities and compensation of superintendents of boards of cooperative
educational services and supervisory districts; to amend the county
law, in relation to making certain technical corrections; and repeal-
ing certain provisions of the education law relating to the board of
regents (Part E); to amend the education law, in relation to the
eligibility requirements for the tuition assistance program and the
creation of a tuition assistance loan program (Part F); to amend the
real property law and the state finance law, in relation to the fee
for recording real property transfer reporting forms (Part G); to
amend chapter 540 of the laws of 1992, amending the real property tax
law relating to oil and gas charges, in relation to the effectiveness
of such chapter (Part H); to amend the labor law, in relation to
transfer of certain programs for the vocational rehabilitation of
individuals with disabilities from the education department to the
department of labor, transfer of certain programs for blind or visual-
ly handicapped persons and the equipment loan fund for the disabled
from the office of children and family services to the department of
labor, and transfer of certain programs for blind and visually hand-
icapped persons aged fifty-five and over to the office for the aging;
to amend the mental hygiene law, the social services law, the election
law and the education law, in relation to making technical corrections
thereto; to repeal articles 21 and 23-A and section 4210 of the educa-
tion law relating to vocational and educational services to individ-
uals with disabilities; to repeal title 9-A of article 5 of the social
services law relating to the equipment loan fund for the disabled; to
repeal section 38 of the social services law relating to the commis-
sion for the blind and visually handicapped; and to repeal subdivision
23 of section 305 of the education law relating to the powers of the
commissioner of education (Part I); to amend the executive law and the
social services law, in relation to the transfer of the state council
on children and families to the office of children and family
services, and to repeal article 19-C of the executive law related
thereto, and to repeal subdivision 3 of section 409-i of the social
services law relating to the review of programs concerning adolescent
pregnancy and teenage motherhood (Part J); to amend the executive law,
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in relation to utilization of non-secure juvenile detention for juve-
nile delinquents and persons in need of supervision and reimbursement
therefor (Part K); to amend the social services law, in relation to
the eligibility of certain foster care children in managed care plans
(Part L); to amend the social services law and the education law, in
relation to requiring a school district share for the maintenance
costs associated with the committee on special education residential
placements (Part M); to repeal title 1-A of article 6 of the social
services law, relating to the state commission on the quality of
foster care (Part N); to amend the social services law, in relation to
the local agency maximum monthly shelter allowance in the family
assistance and safety net programs and to make provision for payment
of additional shelter allowances to the extent provided in an appro-
priation (Part O); to amend the social services law, in relation to
increasing the standards of monthly need for aged, blind and disabled
persons and increasing mandatory minimum state supplementation of
federal supplemental security income benefits (Part P); to amend the
social services law, in relation to the transfer of functions of the
welfare inspector general and to repeal section 74 of the executive
law relating thereto (Part Q); to amend the real property tax law, in
relation to the maximum tax savings from the school tax relief program
for the two thousand three--two thousand four school year (Part R); to
amend the education law, in relation to limiting school district
spending increases (Part S); and to amend the general business law,
the public health law, the criminal procedure law, the mental hygiene
law and the state finance law, in relation to providing for the trans-
fer of certain programs relating to the regulation of professional
practice from the state education department to the department of
state; and to amend the administrative code of the city of New York,
the agriculture and markets law, the business corporation law, the
civil practice law and rules, the correction law, the criminal proce-
dure law, the education law, the executive law, the general business
law, the general municipal law, the insurance law, the labor law, the
limited liability company law, the mental hygiene law, the partnership
law, the penal law, the public buildings law, the public health law,
the real property tax law, the social services law, the surrogate's
court procedure act, the tax law, the town law, the vehicle and traf-
fic law, and the workers' compensation law, in relation to making
technical corrections thereto; and providing for the repeal of certain
provisions upon expiration thereof; and to repeal title VIII of the
education law relating thereto (Part T)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2003-2004
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through T. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
S. 1407 4 A. 2107
1 Part in which it is found. Section three of this act sets forth the
2 general effective date of this act.
3 PART A
4 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
5 355 of the education law, as amended by chapter 309 of the laws of 1996,
6 is amended to read as follows:
7 (4) The trustees shall not impose a differential tuition charge based
8 upon need or income. All undergraduate students enrolled in programs
9 leading to like degrees at state-operated institutions of the state
10 university shall be charged a uniform rate of tuition except for differ-
11 ential tuition rates based on state residency. [Provided, however, that
12 the] The trustees may, for state-operated institutions of the state
13 university, impose a differential tuition charge for students enrolled
14 in programs leading to graduate or professional degrees at doctoral
15 campuses and health science campuses that is in excess of the charge
16 imposed at other campuses. In addition, the trustees may authorize the
17 presidents of the colleges of technology and the colleges of agriculture
18 and technology to set differing rates of tuition for each of the
19 colleges for students enrolled in degree-granting programs leading to an
20 associate degree and non-degree granting programs so long as such
21 tuition rate does not exceed the tuition rate charged to students who
22 are enrolled in like degree programs or degree-granting undergraduate
23 programs leading to a baccalaureate degree at other state-operated
24 institutions of the state university of New York. [The trustees shall
25 not adopt changes affecting tuition charges prior to the enactment of
26 the annual budget.]
27 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
28 law, as amended by chapter 327 of the laws of 2002, is amended to read
29 as follows:
30 (a) The board of trustees shall establish positions, departments,
31 divisions and faculties; appoint and in accordance with the provisions
32 of law fix salaries of instructional and non-instructional employees
33 therein; establish and conduct courses and curricula; prescribe condi-
34 tions of student admission, attendance and discharge; and shall have the
35 power to determine in its discretion whether tuition shall be charged
36 and to regulate tuition charges, and other instructional and non-in-
37 structional fees and other fees and charges at the educational units of
38 the city university. The trustees shall not impose a differential
39 tuition charge based upon need or income. All undergraduate students
40 enrolled in programs leading to like degrees at the senior colleges
41 shall be charged a uniform rate of tuition, except for differential
42 tuition rates based on state residency. The trustees may, for senior
43 colleges, impose a differential tuition charge for students enrolled in
44 programs leading to graduate or professional degrees that is in excess
45 of the charge imposed for students enrolled in other programs. The trus-
46 tees shall further provide that the payment of tuition and fees by any
47 student who is not a resident of New York state, other than a non-immi-
48 grant alien within the meaning of paragraph (15) of subsection (a) of
49 section 1101 of title 8 of the United States Code, shall be paid at a
50 rate or charge no greater than that imposed for students who are resi-
51 dents of the state if such student:
52 (i) attended an approved New York high school for two or more years,
53 graduated from an approved New York high school and applied for attend-
S. 1407 5 A. 2107
1 ance at an institution or educational unit of the city university within
2 five years of receiving a New York state high school diploma; or
3 (ii) attended an approved New York state program for general equiv-
4 alency diploma exam preparation, received a general equivalency diploma
5 issued within New York state and applied for attendance at an institu-
6 tion or educational unit of the city university within five years of
7 receiving a general equivalency diploma issued within New York state; or
8 (iii) was enrolled in an institution or educational unit of the city
9 university in the fall semester or quarter of the two thousand one--two
10 thousand two academic year and was authorized by such institution or
11 educational unit to pay tuition at the rate or charge imposed for
12 students who are residents of the state.
13 A student without lawful immigration status shall also be required to
14 file an affidavit with such institution or educational unit stating that
15 the student has filed an application to legalize his or her immigration
16 status, or will file such an application as soon as he or she is eligi-
17 ble to do so. [The trustees shall not adopt changes in tuition charges
18 prior to the enactment of the annual budget.] The board of trustees may
19 accept as partial reimbursement for the education of veterans of the
20 armed forces of the United States who are otherwise qualified such sums
21 as may be authorized by federal legislation to be paid for such educa-
22 tion. The board of trustees may conduct on a fee basis extension courses
23 and courses for adult education appropriate to the field of higher
24 education. In all courses and courses of study it may, in its
25 discretion, require students to pay library, laboratory, locker, break-
26 age and other instructional and non-instructional fees and meet the cost
27 of books and consumable supplies. In addition to the foregoing fees and
28 charges, the board of trustees may impose and collect fees and charges
29 for student government and other student activities and receive and
30 expend them as agent or trustee.
31 § 3. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2003.
33 PART B
34 Section 1. Subdivision 2 of section 355 of the education law is
35 amended by adding a new paragraph x to read as follows:
36 x. To establish and/or contract with one or more not-for-profit corpo-
37 rations or subsidiaries of such corporations, pursuant to a plan
38 approved by the commissioner of health, upon such terms and conditions
39 as the trustees may deem appropriate, for the transfer of the operations
40 of the state university hospitals at Brooklyn, Stony Brook and Syracuse,
41 or any part thereof, the clinical practice plans thereof or of any other
42 program operated by such hospitals.
43 § 2. The state university trustees shall develop a plan for the trans-
44 fer of the operations of the state university hospitals at Brooklyn,
45 Stony Brook and Syracuse to one or more not-for-profit corporations. In
46 developing such plan, the trustees shall take into consideration various
47 aspects of hospital operations including, but not limited to, the conti-
48 nuity of employment of hospital staff, access to capital, revenue maxim-
49 ization, alternative governance structures, the teaching and research
50 missions of the hospitals, and an implementation timetable. The state
51 university trustees shall submit such plan to the governor and the
52 legislature on or before October 1, 2003.
53 § 3. This act shall take effect immediately and shall be deemed to
54 have been in full force and effect on and after April 1, 2003.
S. 1407 6 A. 2107
1 PART C
2 Section 1. Section 140 of the education law is REPEALED.
3 § 2. Sections 232, 233, 233-a, 234, 235 and subdivisions 4 and 5 of
4 section 236 of the education law are REPEALED.
5 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
6 tion law are REPEALED.
7 § 4. Sections 271, 272, 273 and 273-a of the education law are
8 REPEALED.
9 § 5. Sections 284 and 285 of the education law are REPEALED.
10 § 6. The arts and cultural affairs law is amended by adding a new
11 title R to read as follows:
12 TITLE R
13 THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
14 Article 40. General provisions (§§ 40.01 - 40.11)
15 41. State museum (§§ 41.01 - 41.07)
16 42. State library (§§ 42.01 - 42.06)
17 43. Library aid (§§ 43.01 - 43.06)
18 44. Aid to public broadcasting stations (§§ 44.01 - 44.02)
19 ARTICLE 40
20 GENERAL PROVISIONS
21 Section 40.01. Legislative findings and purposes.
22 40.02. Definitions.
23 40.03. New York institute for cultural education; establishment.
24 40.04. Board of the institute.
25 40.05. Preliminary powers of the board.
26 40.06. General powers and duties of the institute.
27 40.07. Public hearings.
28 40.08. Budget requests.
29 40.09. Officers and employees; compensation; transfer.
30 40.10. Recognition and continuation of existing bargaining
31 agents and units.
32 40.11. Reporting.
33 § 40.01. Legislative findings and purposes. The legislature hereby
34 finds and declares as follows:
35 1. The cultural resources of the state of New York including the state
36 museum, state library and state archives are in need of further invest-
37 ment and innovation to benefit from the most advanced technologies and
38 to meet their full potential to contribute to economic development,
39 tourism and the cultural experiences of the state's residents and visi-
40 tors. Such investment and innovation can be accomplished by appropriate
41 organizational and financial arrangements relating to the management of
42 critical cultural institutions that would ensure them a high degree of
43 autonomy, reliable sources of adequate revenues and a leadership which
44 is fully focused on the promotion of all of the state's cultural
45 resources, capable of forging partnerships with federal, local and state
46 government agencies, non-profit organizations and foundations and corpo-
47 rations, and accountable to the public and the leaders of the state.
48 Therefore, with the enactment of this legislation, it is the intent of
49 the legislature to create the New York institute for cultural education
50 with the central mission of enriching the state's cultural resources and
51 to bestow such institute with necessary powers, flexibility and funding
52 sources and to transfer to such institute the administrative responsi-
53 bilities for certain critical cultural institutions that are currently
54 administered by the state education department.
S. 1407 7 A. 2107
1 2. The purposes of the New York institute for cultural education shall
2 include, but not be limited to: a. Provide leadership for the develop-
3 ment of the state's cultural resources in partnership with local govern-
4 ments, not-for-profit cultural organizations, and the private sector;
5 b. Cooperate with and assist other state and federal departments,
6 boards, commissions, agencies, public benefit corporations and public
7 authorities in the development of policies and programs which encourage
8 promotion, development, or preservation of the state's cultural
9 resources;
10 c. Strengthen the interrelationships and cooperation among entities
11 that work with different aspects of the state's cultural resources
12 including the management, preservation, display and dissemination of
13 records, artifacts and information;
14 d. Promote cultural tourism to strengthen and diversify the state's
15 economy, create private employment opportunities, and to highlight the
16 state's cultural diversity;
17 e. Use and encourage the use of the most current and appropriate tech-
18 nology to preserve cultural resources and facilitate the understanding
19 and appreciation of such resources by the general public;
20 f. Accept gifts, contributions and bequests of funds and properties
21 from individuals, foundations, corporations and other organizations and
22 institutions for the purpose of enhancing the efforts for preservation
23 and promotion of cultural resources;
24 g. Provide for the financial stability and growth of the state museum,
25 state library, and state archives by maximizing revenues from both
26 public and private sources;
27 h. Administer programs of technical and financial aid for local
28 governments and not-for-profit organizations to encourage cultural
29 development programs and events; and
30 i. Contribute to the mutual understanding of the cultural heritage of
31 various regions and nations by participating in cultural exchange
32 programs with other states and regions in the United States and other
33 countries.
34 § 40.02. Definitions. As used in this title, the following terms shall
35 have the following meanings unless otherwise specified:
36 1. "Institute" shall mean the New York institute for cultural educa-
37 tion.
38 2. "Board" shall mean the board of the New York institute for cultural
39 education.
40 3. "Chief executive officer" shall mean the chief executive officer of
41 the New York institute for cultural education.
42 § 40.03. New York institute for cultural education; establishment.
43 There is hereby created the New York institute for cultural education, a
44 body corporate and politic constituting a public corporation.
45 § 40.04. Board of the institute. 1. The institute shall be headed by a
46 board which shall consist of fifteen members each appointed for five-
47 year terms as follows: eight members appointed by the governor; two
48 members appointed by the majority leader of the senate; two members
49 appointed by the speaker of the assembly; one member appointed by the
50 minority leader of the senate; one member appointed by the minority
51 leader of the assembly; and one member appointed by the board of
52 regents. Members shall be appointed for their interest in the promotion
53 and advocacy of the cultural resources of New York; their knowledge and
54 experience regarding resources for cultural and educational programs;
55 and their support for the purposes of the institute.
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1 2. Initial appointments to the board shall be for staggered terms as
2 follows: two of the appointments by the governor and the two appoint-
3 ments by minority leaders of the legislature shall be for two year
4 terms; two of the appointments by the governor and one of the appoint-
5 ments by the majority leader of the senate and one of the appointments
6 by the speaker of the assembly shall be for three year terms; two of the
7 appointments by the governor and one of the appointments by the majority
8 leader of the senate and one of the appointments by the speaker of the
9 assembly shall be for four year terms; and two of the appointments by
10 the governor and one appointment by the board of regents shall be for
11 five year terms.
12 3. Members of the board may be reappointed and may serve two consec-
13 utive full terms, in addition to the term of the initial appointment,
14 but not more than twelve consecutive years. Each member shall continue
15 in office until such member's successor has been appointed and quali-
16 fies. Such continuation in office shall not be counted in determining
17 whether a member has served twelve consecutive years. In the event of a
18 vacancy occurring in the office of any member, other than by the expira-
19 tion of a member's term, such vacancy shall be filled for the balance of
20 the unexpired term, if applicable, in the same manner as the original
21 appointment.
22 4. Members of the board shall receive no compensation for their
23 services, but shall be reimbursed for the actual and necessary expenses
24 incurred by them in the performance of their duties.
25 5. A majority of the whole number of members then in office shall
26 constitute a quorum for the transaction of any business or the exercise
27 of any power of the board. Except as otherwise specified in this chap-
28 ter, for the transaction of any business or the exercise of any power of
29 the board, the board shall have the power to act by a majority of
30 members present at a meeting at which a quorum is in attendance. The
31 board may delegate to one or more of its members, or to its officers,
32 agents or employees, such powers and duties as the board may deem prop-
33 er.
34 6. Notwithstanding any inconsistent provision of any general, special
35 or local law, ordinance, resolution or charter, no officer, member or
36 employee of the state, or of any public corporation, shall have to
37 forfeit his or her office or employment or any benefits provided under
38 the retirement and social security law or under any public retirement
39 system maintained by the state or any of its subdivisions by reason of
40 his or her acceptance of membership on the board, nor shall the service
41 on such board be deemed incompatible or in conflict with such office or
42 employment.
43 7. The governor shall designate one of the members of the board as the
44 chair of such board.
45 § 40.05. Preliminary powers of the board. Notwithstanding any incon-
46 sistent provision of law to the contrary, the board is hereby authorized
47 to exercise the powers of such board if sixty days after the effective
48 date of this article fewer than fifteen members but at least nine
49 members have been appointed to the board, then such board is further
50 authorized to take any action which the board is otherwise authorized to
51 take upon a favorable vote of a majority of the board members present at
52 the meeting at which such action is taken. The provisions of this
53 section shall expire and be deemed repealed upon the appointment of all
54 fifteen members of the board.
55 § 40.06. General powers and duties of the institute. For carrying out
56 its purposes, the institute shall have power to:
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1 1. Sue and be sued;
2 2. Have a seal and alter the same at pleasure;
3 3. Acquire, hold and dispose of personal property for its corporate
4 purposes, including the power to purchase, alter, install and dispose of
5 fixtures, installations and equipment. The institute may dispose of its
6 own property, provided however, that any such action is subject to a
7 resolution which must be approved by a majority of the members of the
8 board at a meeting;
9 4. Lease other real property from the state and other entities for
10 such terms and such conditions as may be agreed upon and, subject to the
11 provisions of such lease or leases, to sublease said property to others;
12 5. Appoint such employees as it may require for the performance of its
13 duties, and to fix and determine their qualifications, duties, and
14 compensation and to retain or employ counsel, auditors, and private
15 consultants on a contract basis or otherwise for rendering professional
16 or technical services and advice;
17 6. Make all contracts necessary and convenient to carry out its
18 purposes of promotion, education and operations, to execute all instru-
19 ments necessary and convenient, and to determine all procedures, sched-
20 ules and criteria necessary to implement the institute's statutory
21 duties;
22 7. Accept gifts, grants, loans or contributions from the United
23 States, the state of New York, or any agency or instrumentality of
24 either of them, or individuals, foundations, firms or corporations, and
25 other entities by bequest or otherwise, and to expend the proceeds for
26 any purposes of the institute;
27 8. Be required to pay no taxes or assessments upon any of the property
28 acquired by or under its jurisdiction, control or supervision, or upon
29 its activities;
30 9. Administer the state museum, state library, state archives and
31 other programs assigned to the institute by statute, and do all things
32 necessary or convenient to carry out the functions, powers and duties
33 expressly set forth in this article including determination and
34 collection of appropriate fees and charges on the users of such
35 programs;
36 10. Appoint the chief executive officer of the institute, who shall
37 hold office at the pleasure of the board, and establish the salary and
38 other remunerations of such chief executive officer provided, however,
39 that the first chief executive officer shall be designated by the gover-
40 nor who shall also prescribe the salary and remunerations of such first
41 chief executive officer;
42 11. Administer various programs of technical and financial assistance
43 for non-profit organizations and local governments as consistent with
44 applicable statutes and pursuant to the policies of the institute within
45 appropriations provided by the legislature and the institute's own
46 resources;
47 12. Hold meetings in accordance with the open meetings law at least
48 quarterly and at other times at the request of the chair or any three
49 members of the board upon giving notice thereof to all members of the
50 institute at least forty-eight hours in advance.
51 § 40.07. Public hearings. The institute shall hold one public hearing
52 each year in Albany at a location designated by the board fifteen days
53 after the submission of the institute's budget to the board and before
54 the board votes on its yearly budget proposal. At least fifteen days
55 prior to holding the public hearing pursuant to this section, the board
56 shall give public notice of such hearing in at least three newspapers of
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1 general circulation located throughout the state and in other media as
2 appropriate and feasible. The purpose of the hearing shall be to solicit
3 from members of the public, suggestions, comments, and observations
4 about the cultural resources of the state of New York and to afford the
5 institute an opportunity to present and explain its activities and
6 programs including, but not limited to, the cultural and educational
7 institutions and the technical and financial aid programs administered
8 by the institute, and to answer questions. The chief executive officer
9 shall be responsible for conducting such hearings.
10 § 40.08. Budget requests. The institute shall annually submit a budget
11 request to the director of the budget at the same time as budget
12 requests are required to be submitted by state agencies. The proposed
13 request shall consist of the projected requirements of the institute in
14 relation to all funds subject to appropriation by the legislature. Such
15 budget request shall be presented in a manner prescribed by the division
16 of the budget and shall comply with the directives issued by the budget
17 director. Upon request of the division of the budget, the chief execu-
18 tive officer shall promptly provide additional information relating to
19 the institute's budget request including data on revenues, expenditures,
20 staffing and programs for prior years and projected revenues, expendi-
21 tures, staffing and programs for the year to which the budget request
22 relates.
23 § 40.09. Officers and employees; compensation; transfer. 1. On the
24 effective date of the transfer of the operations of the state education
25 department's cultural education program pursuant to an agreement between
26 the state and the institute as authorized in this chapter, officers and
27 employees of the state employed in the cultural education program of the
28 education department shall become officers and employees of the insti-
29 tute; such persons transferred shall be deemed public officers or public
30 employees, as the case may be, in the civil service.
31 2. The civil service rights of such persons continuing in the service
32 of the institute at the time of such transfer and for persons entering
33 the service of the New York institute for cultural education following
34 the date of transfer shall be governed by the civil service law and
35 associated regulations except as otherwise provided pursuant to this
36 title.
37 3. The salary or compensation of any such officer or employee, after
38 such transfer, shall be paid by the institute.
39 4. The institute shall, upon transfer, acknowledge and give credit for
40 all leave balances held by such officers and employees of the state who
41 become officers or employees of the institute on the date of transfer.
42 5. Notwithstanding any inconsistent provision of law for purposes of
43 eligibility for promotional examinations offered for state employees
44 generally, an employee of the institute shall be entitled to all the
45 rights thereto as if such employee was a state employee subject to the
46 pertinent provisions of the civil service law.
47 § 40.10. Recognition and continuation of existing bargaining agents
48 and units. 1. The employees of the institute shall, for all purposes of
49 article fourteen of the civil service law, be deemed to be employees of
50 the state of New York and shall be employed within the current state of
51 New York bargaining unit designations of either the management confiden-
52 tial, professional, scientific and technical unit, the administration
53 services unit, operational services unit, institutional services unit or
54 security services unit. The governor's office of employee relations
55 shall, for all purposes of article fourteen of the civil service law,
56 act as agent for the institute, and shall, with respect to the insti-
S. 1407 11 A. 2107
1 tute, have all the powers and duties provided under sections six hundred
2 fifty through six hundred fifty-four of the executive law. Those persons
3 who become employees of the institute pursuant to this subdivision or
4 who enter into the service of the institute following the effective date
5 of the transfer shall retain their current bargaining unit designations
6 in either the professional, scientific and technical services unit, the
7 administrative services unit, the institutional services unit, the oper-
8 ational services unit, the security services unit or the security super-
9 visors unit of state employees. The institute and the state shall recog-
10 nize the existing certified or recognized employee organizations for
11 state employees as the exclusive collective bargaining representatives
12 for such employees. Titles within collective bargaining units in exist-
13 ence prior to the transfer of operations to the institute shall remain
14 in those units and will not be altered by the public employment
15 relations board without the consent of the institute, the state and the
16 recognized or certified representatives of the negotiating units
17 involved. New titles created after the date of the transfer of oper-
18 ations to the institute will be placed in the appropriate unit of state
19 employees consistent with the provisions of article fourteen of the
20 civil service law.
21 2. The institute shall be bound by all collective bargaining agree-
22 ments between the state of New York and such collective bargaining
23 representatives, in effect as of the date of transfer of operations to
24 the institute and any successor agreements between such parties.
25 3. Nothing contained in this provision shall be construed to affect:
26 (a) the rights of employees pursuant to a collective bargaining agree-
27 ment;
28 (b) the bargaining relationship between the executive branch of the
29 state of New York and an employee organization;
30 (c) existing law with respect to an application to the public employ-
31 ment relations board seeking the designation of persons as managerial or
32 confidential.
33 § 40.11. Reporting. 1. The board of the institute shall issue a report
34 to the governor and the legislature on or before September thirtieth of
35 each year on the condition of the cultural resources in the state during
36 the fiscal year of the institute immediately preceding the date of such
37 report. Such report shall include, but not be limited to the following:
38 (a) An overview of the cultural assets in the state, the degree to
39 which they are utilized as indicated by such measures as attendance,
40 memberships, private contribution, and ticket sales;
41 (b) An evaluation of the institute's activities as to their contrib-
42 utions to the preservation and promotion of cultural resources; and
43 (c) Comparison of New York's cultural development programs with simi-
44 lar programs in other states.
45 2. The institute shall attach to the report prepared pursuant to
46 subdivision one of this section, copies of the reports of every external
47 examination of the books and accounts of the institute including, but
48 not limited to, an audited statement by an independent certified public
49 accountant experienced in auditing cultural institutions including its
50 receipts and disbursements, or revenues and expenses, during each fiscal
51 year in accordance with generally accepted accounting principles.
52 ARTICLE 41
53 STATE MUSEUM
54 Section 41.01. Authorization.
55 41.02. Collections.
56 41.03. Cultural resource survey.
S. 1407 12 A. 2107
1 41.04. Native American collection.
2 41.05. Properties of the state museum.
3 41.06. State science service.
4 41.07. New York state biodiversity research institute.
5 § 41.01. Authorization. The institute is hereby authorized and
6 directed to administer the state museum and all related programs,
7 collections, functions and exhibits. The board shall appoint a director
8 of the state museum.
9 § 41.02. Collections. 1. All scientific specimens and collections,
10 works of art, objects of historic interest and similar property appro-
11 priate to a general museum, if owned by the state and not placed in
12 other custody by a specific law, shall constitute the collections of the
13 state museum. The state museum shall be the custodian of the
14 collections, shall perform standard curatorial, research and educational
15 activities.
16 2. Any scientific collection made by a member of the museum staff
17 during his or her term of office shall, unless otherwise authorized by
18 resolution of the board, belong to the state and form part of the state
19 museum.
20 § 41.03. Cultural resource survey. 1. The state of New York, through
21 its legislative authority accepts the provisions of section one hundred
22 twenty of the federal aid highway act of nineteen hundred fifty-six
23 (70Stat. 374) relating to the salvage of archaeological and paleontolog-
24 ical objects, including ruins, sites, Native American burial grounds,
25 buildings, artifacts, fossils or other objects of antiquity having
26 national significance from an historical or scientific standpoint, and
27 empowers and directs the institute to make agreements with appropriate
28 state departments or agencies and such agency or agencies as the federal
29 government may designate to carry out the purposes of such provision of
30 law.
31 2. Except as otherwise provided in subdivision one of this section, no
32 person shall appropriate, excavate, injure or destroy any object of
33 archaeological and paleontological interest, situated on or under lands
34 owned by the state of New York, without the written permission of the
35 chief executive officer. A violation of this provision shall constitute
36 a misdemeanor. The discovery of such objects shall be forthwith reported
37 to the institute or an agency having jurisdiction over such lands.
38 3. Permits for the examination, excavation or gathering of archaeolog-
39 ical and paleontological objects upon the lands under their respective
40 jurisdictions may be granted by the heads of state departments or other
41 state agencies to persons authorized by the chief executive officer for
42 the purposes of the state museum and state science service, with a view
43 to the preservation of any such objects worthy of permanent preservation
44 and, in all cases, to the acquisition and dissemination of knowledge
45 relating thereto.
46 § 41.04. Native American collection. There shall be a Native American
47 section of the state museum consisting of as complete a collection as
48 practicable of the historical, ethnographic and other records and relics
49 of the Native Americans of the state of New York, including implements
50 or other articles pertaining to their domestic life, economic, legal and
51 political systems, warfare, religion and other rites or customs.
52 § 41.05. Properties of the state museum. 1. As used in this section:
53 (a) The term "museum" shall mean the New York state museum.
54 (b) The term "deaccession" shall mean the permanent removal or
55 disposal of an object from the collection of the museum by virtue of its
56 sale, exchange, donation or transfer by any means to any person.
S. 1407 13 A. 2107
1 (c) The term "person" shall mean any natural person, partnership,
2 corporation, company, trust association or other entity, however organ-
3 ized.
4 (d) The term "property" means any inanimate object, document or tangi-
5 ble object under the institute's care which has intrinsic historic,
6 artistic, scientific, or cultural value.
7 (e) The term "claimant" means a person who asserts ownership or some
8 other legal right to undocumented property held by the museum.
9 (f) The term "loan" means a deposit of property with the museum not
10 accompanied by a transfer to the museum of title to the property.
11 (g) The term "lender" means a person whose name appears on the records
12 of the museum as the person legally entitled to, or claiming to be
13 legally entitled to, property held by the museum or, if deceased, the
14 legal heirs of such person.
15 (h) The term "lender's address" means the most recent address for the
16 lender shown on the museum's records pertaining to the property on loan,
17 or if the lender is deceased, the last known address of the legal heirs
18 of such lender.
19 (i) The term "permanent loan" means a loan of property to the museum
20 for an unspecified period.
21 (j) The term "undocumented property" means property in the possession
22 of the museum for which the museum cannot determine the owner by refer-
23 ence to its records.
24 (k) The term "conservation measures" means any actions taken to
25 preserve or stabilize a property including, but not limited to, proper
26 storage, cleaning, proper lighting, and restoration.
27 2. The deaccessioning of property by the museum must be consistent
28 with the mission of the museum.
29 3. Prior to the acquisition of property by gift, the museum shall
30 provide the donor with a written copy of its mission statement and
31 collections policy, which shall include policies and procedures of the
32 museum relating to deaccessioning.
33 4. If the museum has the knowledge of a planned bequest of any proper-
34 ty prior to the death of the testator, the museum shall provide the
35 testator with a written copy of its mission statement and collections
36 policy, which shall include policies and procedures of the museum relat-
37 ing to deaccessioning.
38 5. Proceeds derived from the deaccessioning of any property from the
39 collection of the museum shall be used only for the acquisition of prop-
40 erty for the collection or for the preservation, protection and care of
41 the collection and shall not be used to defray ongoing operating
42 expenses of the museum.
43 6. (a) Notice given by the museum under this section must be mailed to
44 the lender's last known address by certified mail, return receipt
45 requested. Service by mail is complete if the museum receives proof that
46 the notice was received not more than thirty days after it was mailed;
47 provided, however, notice may be given by publication if the museum does
48 not:
49 (i) know the identity of the lender;
50 (ii) know the address of the lender; or
51 (iii) receive proof that the notice mailed under this section was
52 received within thirty days of mailing. Notice by publication must be
53 given at least once a week for three consecutive weeks in a newspaper of
54 general circulation in:
55 (1) the county in which the property is held by the museum; and
56 (2) the county of the lender's last address, if known.
S. 1407 14 A. 2107
1 (b) The date of notice under this subdivision shall be the date of the
2 third published notice. In addition to any other information that may be
3 required or seem appropriate, any notice given under this section must
4 contain the following:
5 (i) the name of the lender or claimant, if known;
6 (ii) the last address of the lender or claimant, if known;
7 (iii) a brief description of the property on loan to the museum refer-
8 enced in the notice;
9 (iv) the date of the loan, if known, or the approximate date of acqui-
10 sition of the property;
11 (v) the name and address of the museum; and
12 (vi) the name, address, and telephone number of the person to be
13 contacted regarding the property.
14 7. Notwithstanding any other provisions of law regarding abandoned or
15 lost property, the museum may, beginning five years from the date the
16 lender last contacted the museum, clarify title to property on permanent
17 loan or loaned for a specified term that has expired. Proof of such
18 contact shall include previously sent restricted letters or loan forms,
19 returned envelopes, inventories and other documentary evidence. The
20 procedure for clarifying title shall be as follows:
21 (a) The museum must give notice by mail to the lender that it wishes
22 to clarify ownership rights in the property.
23 (b) In addition to the information described in subdivision six of
24 this section, the notice shall be entitled "Notice of Termination" and
25 must include a statement containing substantially the following informa-
26 tion: "The records of the New York State Museum indicate that you have
27 property on loan at (name of facility). The museum is seeking to deter-
28 mine whether you wish (i) that the museum return the property to you,
29 (ii) that the property remain on loan to the museum subject to annual
30 renewal (if the museum wishes that the property remain on loan), or
31 (iii) that the museum retain the property permanently as its owner.
32 Please contact (name of contact) in writing within one hundred twenty
33 days, in order to advise the museum as to which of the above alterna-
34 tives you wish to follow."
35 (c) (i) If, no later than one hundred twenty days following receipt of
36 the notice described in paragraph (b) of this subdivision, the lender
37 does not respond to the notice of termination by submitting a written
38 claim to the property on loan with verifying documentation, the museum
39 shall send a second notice to the lender containing the following infor-
40 mation: "On (date of first notice), the New York State Museum sent you a
41 notice concerning property that, according to our records, has been
42 loaned to the State Museum. You have not responded to that notice, a
43 copy of which is enclosed, and the museum will commence proceedings to
44 acquire title to the property if you do not contact (name of contact),
45 in writing within one hundred twenty days of receiving this second
46 notice."
47 (ii) If the lender fails to respond to the second notice within one
48 hundred twenty days of receipt, the institute may make an application to
49 the supreme court pursuant to article thirty of the civil practice law
50 and rules for a declaratory judgment to determine the museum's right to
51 such property. In a case in which there is no evidence that the notices
52 previously sent by the museum were received by the lender, upon applica-
53 tion, the supreme court shall specify the method by which service shall
54 be made upon the lender.
S. 1407 15 A. 2107
1 8. Notwithstanding any other provision of law regarding abandoned or
2 lost property the museum may acquire title to undocumented property held
3 by the museum for at least five years as follows:
4 (a) The museum must give notice by publication that it is asserting
5 title to the undocumented property.
6 (b) In addition to the information described in this subdivision, the
7 notice shall be entitled "Notice of Intent to Acquire Title to Property"
8 and must include a statement containing substantially the following
9 information: "The records of the New York State Museum fail to indicate
10 the owner of record of certain property in its possession. The museum
11 hereby asserts its intent to acquire title to the following proper-
12 ty:(general description of property). If you claim ownership of this
13 property, you must submit written proof of ownership to the museum and
14 make arrangements to collect the property. If you fail to do so within
15 one hundred eighty days, the museum will commence proceedings to acquire
16 title to the property. If you claim an interest in the property but do
17 not possess written proof of such interest, you should submit your name
18 and address and a written statement of your claim to (name of contact),
19 within one hundred eighty days, in order to receive notice of any legal
20 proceedings concerning the property. If you wish to commence legal
21 proceedings to claim the property, you should consult your attorney." If
22 after one hundred eighty days following the last date of publication of
23 such notice no claimant has responded thereto by submitting written
24 proof of ownership of the property to the museum, or if there is a
25 dispute between the museum and any claimant as to ownership of the prop-
26 erty, the institute may make an application to the supreme court pursu-
27 ant to article thirty of the civil practice law and rules for a declara-
28 tory judgment to determine the museum's rights in the property.
29 9. A copy of all notices required by subdivision seven or eight of
30 this section shall be sent, by certified mail, return receipt requested,
31 to the International Foundation for Art Research, or any successor foun-
32 dation or agency having similar purposes, on or before the date on which
33 such notices are mailed or first published pursuant to the requirements
34 of this section.
35 10. Any person who purchases or otherwise acquires property from the
36 museum acquires good title to such property if the museum has acquired
37 title in accordance with this section.
38 11. The provisions of subdivisions seven and eight of this section
39 shall not apply to any property that has been reported as stolen to a
40 law enforcement agency or to the Art Theft Archives of the International
41 Foundation for Art Research, or any successor foundation or agency
42 having similar purposes, no later than one year following the theft or
43 discovery of the theft.
44 12. The museum shall have the following duty to lenders: (a) When the
45 museum accepts a loan of property, it shall inform the lender in writing
46 of the provisions of this section.
47 (b) The museum shall give a lender, at the lender's address, prompt
48 written notice by mail of any known injury to, or loss of, property on
49 loan or of the need to apply conservation measures. Such notice shall
50 advise the lender of his or her right, in lieu of the application of
51 such conservation measures, to terminate the loan and, no later than
52 thirty days after having received such notice, either retrieve the prop-
53 erty or arrange for its isolation and retrieval. The museum shall not be
54 required to publish notice of injury or loss to any undocumented proper-
55 ty.
S. 1407 16 A. 2107
1 13. The owner of property loaned to the museum is responsible for
2 promptly notifying the museum, in writing, of any change of address or
3 change in the ownership of the property.
4 14. (a) Unless there is a written loan agreement to the contrary, the
5 museum may apply conservation measures to property on loan to the museum
6 without giving formal notice or first obtaining the lender's permission
7 if immediate action is required to protect the property on loan or other
8 property in the custody of the museum or if the property on loan is a
9 hazard to the health and safety of the public or the museum staff,
10 provided that:
11 (i) the museum is unable to reach the lender at the lender's last
12 known address or telephone number before the time the museum determines
13 action is necessary; or
14 (ii) the lender either (1) does not respond to a request for permis-
15 sion to apply conservation measures made pursuant to subdivision twelve
16 of this section within three days of receiving the request or will not
17 agree to the conservation measures the museum recommends or (2) fails to
18 terminate the loan and either retrieve the property or arrange for its
19 isolation and retrieval within thirty days of receiving the request. If
20 immediate conservation measures are necessary to protect the property or
21 to protect the health or safety of the public or the museum staff, the
22 conditions set forth in this subparagraph and subparagraph (i) of this
23 paragraph shall not apply.
24 (b) Unless provided otherwise in an agreement with the lender, if the
25 museum applies conservation measures to property under paragraph (a) of
26 this subdivision, and provided that the measures were not required as a
27 result of the museum's own action or inaction, the museum shall acquire
28 a lien on the property in the amount of the costs incurred by the muse-
29 um, including, but not limited to the cost of labor and materials, and
30 shall not be liable for injury to or loss of the property, provided that
31 the museum:
32 (i) had a reasonable belief at the time the action was taken that the
33 action was necessary to protect the property on loan or other property
34 in the custody of the museum, or that the property on loan was a hazard
35 to the health and safety of the public or the museum staff; and
36 (ii) exercised reasonable care in the choice and application of
37 conservation measures.
38 15. The museum shall maintain or continue to maintain, as the case may
39 be and to the extent such information is available, a record of acquisi-
40 tion, whether by purchase, bequest, gift, loan or otherwise, of property
41 for display or collection and of deaccessioning or loan of property
42 currently held or thereafter acquired for display or collection. Any
43 such record shall include:
44 (a) The name, address, and telephone number of the person from whom
45 such property was acquired, or to whom such property was transferred by
46 deaccessioning or loan, and a description of such property, its
47 location, if known, and the terms of the acquisition or deaccessioning
48 or loan, including any restrictions as to its use or further disposi-
49 tion, and any other material facts about the terms and conditions of the
50 transaction; and
51 (b) A copy of any document of conveyance relating to the acquisition
52 or deaccessioning or loan of such property and all notices and other
53 documents prepared or received by the museum.
54 16. Notwithstanding the provisions of the civil practice law and rules
55 or any other law, except for laws governing actions to recover stolen
56 property:
S. 1407 17 A. 2107
1 (a) No action against the museum for damages arising out of injury to
2 or loss of property loaned to the museum shall be commenced more than
3 three years from the date the museum gives the lender or claimant notice
4 of the injury or loss under this section.
5 (b) No action against the museum to recover property shall be
6 commenced more than three years from the date the museum gives notice of
7 its intent to terminate the loan or notice of intent to acquire title to
8 undocumented property.
9 17. The museum, at all times, shall maintain an inventory of the prop-
10 erties within its custody which would include a description of such
11 property, ownership information and, in cases of loans, the nature and
12 status of such loan.
13 § 41.06. State science service. 1. Science service. There shall be
14 maintained in the institute a state science service which shall be known
15 as the state science service and the state geologist, paleontologist,
16 botanist and entomologist shall constitute its staff together with such
17 other scientists as the board may employ. This service is empowered and
18 directed to make available its services to all the departments of the
19 state, and the residents of the state pursuant to such procedures as the
20 board may prescribe and is empowered to engage in such scientific
21 research as directed by law or by the board and shall cooperate with
22 scientific units or agencies of other states, the federal government,
23 educational institutions and industry in the discovery, analysis and
24 dissemination of scientific information. The chief executive officer or
25 his or her designee shall also be the director and head of the state
26 science service and the staff of the service shall be members of the
27 staff of the institute.
28 2. New York state biological survey. (a) The New York state biological
29 survey is hereby established in the New York state science service with-
30 in the state museum to inventory, research, analyze and disseminate
31 information about all the biota of New York. The biological survey
32 shall:
33 (i) Develop and maintain an inventory of the biological resources of
34 New York state, with special emphasis on identifying those resources
35 that are important to biological diversity, have real or potential
36 economic significance, or have particular scientific, systematic, or
37 environmental importance;
38 (ii) Conduct research on and advance the knowledge of the biological
39 and ecological characteristics and processes that constitute or affect
40 New York state's environment;
41 (iii) Interpret and publish the results of research on New York
42 State's biological resources, thereby making information available to
43 citizens, teachers, industry, and government for educational purposes
44 and for use in decision making;
45 (iv) Insure the preservation and appropriate expansion of the state's
46 collection of scientific specimens and artifacts, conduct research on
47 these collections, and make specimens and data available for biological
48 resource studies, ecosystem analyses, and other research projects; and
49 (v) Cooperate with the department of environmental conservation, the
50 office of parks, recreation and historic preservation, and other state
51 and federal agencies, private organizations and institutions, corpo-
52 rations, and individuals interested in biological resources.
53 (b) The survey shall not be authorized to enter any privately owned
54 lands without the written consent of the landowner, lessee, or person in
55 control. The survey shall be authorized to enter into agreements with
56 landowners to enter private lands on such terms as may be acceptable.
S. 1407 18 A. 2107
1 § 41.07. New York state biodiversity research institute. 1. New York
2 state biodiversity institute; creation. The New York state biodiversity
3 research institute is hereby created within the New York state museum
4 within the New York institute for cultural education. The purposes of
5 the institute shall include:
6 (a) advising the governor, governmental agencies, and the legislature
7 on matters relating to biodiversity in New York state;
8 (b) fostering, pursuing and sponsoring collaborative biological and
9 ecological research;
10 (c) increasing understanding of biodiversity research and conservation
11 needs in New York by establishing and reporting on what is known and
12 what is not known about the biological diversity of the state;
13 (d) identifying priority needs for biodiversity research and inventory
14 work within New York that currently are not receiving adequate atten-
15 tion, and identifying public or private entities that are best situated
16 to address such needs, thereby leading to better coordination of biodi-
17 versity research efforts in the state;
18 (e) promoting awareness of existing and new sources of biodiversity
19 information and biodiversity expertise among planners, policy makers,
20 and resource managers;
21 (f) educating elected officials, governmental agencies, and the gener-
22 al public on biodiversity issues through such means as it may determine;
23 (g) organizing and sponsoring meetings on biodiversity topics;
24 (h) encouraging the establishment of networks of collaborating scien-
25 tists engaged in related aspects of biodiversity research;
26 (i) raising sensitivity to biodiversity concerns among state and local
27 government agencies, and serving as a forum for enhanced interagency
28 information sharing and cooperation;
29 (j) recommending priority activities for funding through the state
30 land biodiversity stewardship account, created pursuant to section nine-
31 ty-seven-oo of the state finance law, as added by chapter five hundred
32 fifty-four of the laws of nineteen hundred ninety-three;
33 (k) assisting the commissioners of environmental conservation and
34 parks, recreation and historic preservation in conducting reviews,
35 pursuant to section 3-0302 of the environmental conservation law and
36 subdivision eighteen of section 3.09 of the parks, recreation and
37 historic preservation law, of lands currently in state ownership, to
38 identify lands and waters that harbor plants, animals, and ecological
39 communities that are rare in New York state;
40 (l) assisting the commissioner of parks, recreation and historic pres-
41 ervation in identifying ecologically significant sites within state
42 parks and historic sites that are candidates for park preserve or park
43 preservation area designation pursuant to article twenty of the parks,
44 recreation and historic preservation law; and
45 (m) assisting the commissioner of environmental conservation in iden-
46 tifying lands of ecological significance, currently in state ownership,
47 to recommend to the governor and the legislature for dedication to the
48 state nature and historical preserve trust pursuant to article forty-
49 five of the environmental conservation law.
50 2. Definitions. When used in this section, the following terms shall
51 mean: (a) "Biodiversity" or "biological diversity" means the total
52 variety of living organisms found in the state, and the natural proc-
53 esses that support them; and
54 (b) "Research institute" shall mean the New York state biodiversity
55 research institute created pursuant to subdivision one of this section.
S. 1407 19 A. 2107
1 3. Research programs. The research institute shall foster, pursue and
2 sponsor original systematic and ecological research, field studies, and
3 inventories of biological collections that are designed to:
4 (a) increase the information base pertaining to plant, animal, biolog-
5 ical community, and ecosystem occurrences in the state, including
6 descriptions, collections and catalogs of fauna and flora, plant and
7 animal life-cycle requirements and characteristics, the dynamics of
8 ecological processes, and the status of rare plants, animals, and
9 biological communities;
10 (b) detect, document, and interpret patterns and changes in the flora
11 and fauna of the state, including expansions, losses, and introductions
12 of species;
13 (c) explore and foster the gathering of data in poorly known or
14 vulnerable areas of the state; and
15 (d) investigate techniques designed to conserve, protect, and manage
16 biodiversity.
17 4. Education and information transfer programs. The research institute
18 shall foster the collection, transfer, and application of biodiversity
19 information in the state by:
20 (a) fostering access, compatibility, interchange, and synthesis of
21 data among biological information systems maintained by public entities,
22 academic and research institutions, and private organizations;
23 (b) employing advanced technology to coordinate for ease of use the
24 scattered biological collection resources of the state;
25 (c) promoting adherence to accepted standards for biodiversity
26 research, including quality control for the collection of voucher speci-
27 mens and data, and protocols for responsible collection policies; and
28 (d) supporting the preparation and publication of interpretative works
29 that draw upon biological collection resources.
30 5. Biennial reports. Every two years, the research institute shall
31 prepare and submit a report to the governor, the board, and the legisla-
32 ture describing programs undertaken or sponsored by the research insti-
33 tute, the status of knowledge regarding the state's biodiversity, and
34 research needs related thereto.
35 6. Executive committee. The research institute shall be guided by an
36 executive committee. Members of the committee shall be from varying
37 backgrounds with members selected from the stewardship community, from
38 the scientific community, as well as from government service. Such
39 committee shall consist of seventeen members including the chief execu-
40 tive officer of the New York institute for cultural education, the
41 commissioner of environmental conservation, the commissioner of parks,
42 recreation and historic preservation, the chancellor of the state
43 university of New York or their designees, seven at large members
44 appointed by the governor, one of whom shall be chairperson, two members
45 appointed by the temporary president of the senate, one member appointed
46 by the minority leader of the senate, two members appointed by the
47 speaker of the assembly and one member appointed by the minority leader
48 of the assembly. Appointed members shall serve for a term of three
49 years, provided that such members may be reappointed. The executive
50 committee shall:
51 (a) adopt policies, procedures, and criteria governing the programs
52 and operations of the institute;
53 (b) recommend to the governor and legislature appropriate actions to
54 identify, manage and conserve exemplary occurrences of common ecological
55 communities on state-owned lands. An "exemplary occurrence of a common
56 ecological community" shall mean a representative, high quality example
S. 1407 20 A. 2107
1 of a given ecological community type, characterized by a distinctive
2 assemblage of interacting plant and animal populations;
3 (c) develop and implement the research, education and information
4 transfer programs of the institute;
5 (d) identify and rate proposals for biodiversity research;
6 (e) identify and rate proposals for biodiversity stewardship;
7 (f) submit to the director of the budget, and the chairpersons of the
8 senate finance committee and the assembly ways and means committee on or
9 before August first in each year, a budget request for the expenditure
10 of funds available from the biodiversity stewardship and research fund,
11 for the purposes established by section ninety-seven-oo of the state
12 finance law, as added by chapter five hundred fifty-four of the laws of
13 nineteen hundred ninety-three; and
14 (g) meet publicly at least twice a year.
15 The committee shall widely disseminate notice of its meetings at least
16 two weeks prior to each meeting. The chief executive officer and the
17 commissioners of environmental conservation and parks, recreation and
18 historic preservation shall aid in such dissemination.
19 7. Scientific working group. The executive committee shall appoint a
20 scientific working group composed of not more than fifteen individuals
21 representing governmental agencies (including a biologist from the
22 department of environmental conservation), academic or research insti-
23 tutions, educational organizations, the forest products industry and
24 non-profit conservation organizations. Members of the scientific working
25 group shall have knowledge and expertise in biodiversity conservation
26 and research and shall serve for a term of three years, provided, howev-
27 er that members may be reappointed for more than one term at the
28 discretion of the executive committee. The scientific working group
29 shall make recommendations to the executive committee with respect to:
30 (a) the identification of priority biodiversity research needs in the
31 state;
32 (b) the development and implementation of the research institute's
33 research, education, and information transfer programs;
34 (c) the allocation and expenditure of funds from the biodiversity
35 stewardship and research fund created pursuant to section ninety-seven-
36 oo of the state finance law, as added by chapter five hundred fifty-four
37 of the laws of nineteen hundred ninety-three;
38 (d) identification and rating of proposals for biodiversity research;
39 and
40 (e) identification and rating of proposals for biodiversity steward-
41 ship.
42 8. Director of biodiversity research institute. The research insti-
43 tute shall have a director who shall be appointed by the executive
44 committee and shall after appointment be an employee of the state museum
45 and science service. The research institute director shall serve at the
46 pleasure of the executive committee. The research institute director
47 shall serve as chief administrative officer of the research institute
48 and provide the necessary support for the executive committee.
49 9. Compensation. The members of the executive committee and the scien-
50 tific working group shall serve without additional compensation, but
51 shall be eligible to receive reimbursement for their actual and neces-
52 sary expenses from the biodiversity stewardship and research fund estab-
53 lished by section ninety-seven-oo of the state finance law, as added by
54 chapter five hundred fifty-four of the laws of nineteen hundred ninety-
55 three, provided however, members of the executive committee representing
56 state agencies may receive reimbursement for their actual and necessary
S. 1407 21 A. 2107
1 expenses from their respective agencies. Members of the executive
2 committee and scientific working group shall be considered state employ-
3 ees for the purposes of sections seventeen and nineteen of the public
4 officers law.
5 10. Memorandum of understanding. The institute, the department of
6 environmental conservation, and the office of parks, recreation and
7 historic preservation shall enter into a written memorandum of under-
8 standing to facilitate the appropriate implementation of the biodiversi-
9 ty research institute and the goals, responsibilities, and programs
10 established by this section.
11 ARTICLE 42
12 STATE LIBRARY
13 Section 42.01. Authorization.
14 42.02. Borrowing privileges.
15 42.03. Collections.
16 42.04. Duplicate department.
17 42.05. Transfers from state officers.
18 42.06. Other libraries owned by the state.
19 § 42.01. Authorization. The institute is hereby authorized and
20 directed to administer the state library and related collections,
21 programs and functions. Such library shall be kept open not less than
22 eight hours every weekday in the year except the legal holidays known as
23 Independence day, Thanksgiving day and Christmas day.
24 § 42.02. Borrowing privileges. Members of the legislature, judges of
25 the court of appeals, justices of the supreme court and heads of state
26 departments may borrow items from the library collection for use in
27 Albany, but shall be subject to such restrictions and penalties as may
28 be prescribed by the board for the safety or greater usefulness of the
29 library. Under such rules and conditions as the board may prescribe, the
30 state library may lend items from its collection for a limited time to
31 other individuals and institutions conforming to said rules and condi-
32 tions. Such service shall be free to residents of this state as far as
33 practicable, but the board may, in its discretion, charge a proper fee
34 to nonresidents or for assistance of a personal nature or for other
35 reason not properly an expense to the state, but which may be authorized
36 for the accommodation of users of the library.
37 § 42.03. Collections. 1. State library collections. All books,
38 pamphlets, manuscripts, records, archives, maps, other objects where
39 information is stored and where from information can be retrieved, and
40 all other property appropriate to a general library, if owned by the
41 state and not placed in other custody by law, shall be in the charge of
42 the institute and constitute the state library. The state library
43 collections shall also include, but not be limited to, the following:
44 (a) State medical collection. The state medical collection shall be a
45 part of the New York state library under the same government and regu-
46 lations and shall be open for consultation to every citizen of the state
47 at all hours when the state library is open and shall be available for
48 loans to every licensed physician residing in the state of New York, who
49 shall conform to the rules made by the board for insuring proper
50 protection and the largest usefulness to the people of the said medical
51 collection.
52 (b) State law collection and legislative reference library. The state
53 law collection and the legislative reference collection shall be parts
54 of the New York state library under the same government and regulations
55 and shall be open for consultation to every citizen of the state at all
56 hours when the state library is open and the law library shall be avail-
S. 1407 22 A. 2107
1 able for loans to every duly admitted attorney residing in the state of
2 New York, who shall conform to the rules made by the board for insuring
3 proper protection and the largest usefulness to the people of the said
4 law collection.
5 2. Manuscript and records "on file". Manuscript or printed papers of
6 the legislature, usually termed "on file," and which shall have been on
7 file more than five years in custody of the senate and assembly clerks,
8 and all public records of the state not placed in other custody by a
9 specific law shall be part of the state library and shall be kept in
10 rooms assigned and suitably arranged for that purpose. The board shall
11 cause such papers and records to be so classified and arranged that they
12 can be easily found. No paper or record shall be removed from such files
13 except on a resolution of the senate and assembly withdrawing them for a
14 temporary purpose, and in case of such removal a description of the
15 paper or record and the name of the person removing the same shall be
16 entered in a book or file provided for that purpose, with the date of
17 its delivery and return.
18 § 42.04. Duplicate department. The state library shall have charge of
19 the preparation, publication and distribution, whether by sale, exchange
20 or gift, of the colonial history, natural history and all other state
21 publications not otherwise assigned by law. To guard against waste or
22 destruction of state publications, and to provide for the completion of
23 sets to be permanently preserved in American and foreign libraries, the
24 board shall maintain a duplicate department to which each state depart-
25 ment, bureau, board, commission, authority, division, or public benefit
26 corporation shall send after completing its distribution, any remaining
27 copies which it no longer requires. The abovementioned publications,
28 with any other publications not needed in the state library, shall be
29 the duplicate department, and rules for sale, exchange or distribution
30 from it shall be fixed by the board, who shall use all receipts from
31 such exchanges or sales for the expenses of the duplicate department or
32 depository of the state library.
33 § 42.05. Transfers from state officers. The librarian of any library
34 owned by the state, or the officer in charge of any state department,
35 bureau, board, commission or other corporation may, with the approval of
36 the board, transfer to the permanent custody of the state library or
37 museum any books, papers, maps, manuscripts, specimens or other articles
38 which, because of being duplicates or for other reasons, will in his or
39 her judgment be more useful to the state in the state library or museum
40 than if retained in his or her keeping.
41 § 42.06. Other libraries owned by the state. The state library shall
42 submit an annual report to the legislature which shall include a state-
43 ment of the total number of volumes, pamphlets, publications and other
44 library materials added to its collection during the year, with a summa-
45 ry of operations and conditions, and any needed recommendation for safe-
46 ty or usefulness for each of the other libraries owned by the state, the
47 custodian of which shall furnish such information or facilities for
48 inspection as the board may require for making this report. Each of
49 these libraries shall be under the sole control now provided by law, but
50 for the annual report of the total number of books owned by or bought
51 each year by the state, it shall be considered as a branch of the state
52 library and shall be entitled to any facilities for exchange of dupli-
53 cates, inter-library loans or other privileges properly accorded to a
54 branch.
55 ARTICLE 43
56 LIBRARY AID
S. 1407 23 A. 2107
1 Section 43.01. Aid to Native American libraries.
2 43.02. Eligibility for library aid.
3 43.03. Apportionment of library aid.
4 43.04. State aid for library construction.
5 43.05. State aid to school library systems.
6 43.06. State aid for cooperation with state correctional facili-
7 ties.
8 § 43.01. Aid to Native American libraries. 1. Any Native American
9 library chartered by the regents or in the absence of such library any
10 tribal government contracting for service from a chartered and regis-
11 tered library or approved library system, shall be entitled to receive
12 state aid during each calendar year consisting of the following amounts:
13 (a) eighteen thousand dollars;
14 (b) the sum of eighteen dollars and twenty cents per capita for
15 persons residing on the reservation served by the Native American
16 library or contract as shown by the latest federal census or certified
17 by the New York state director of Indian services; and
18 (c) the sum of one dollar and fifty cents per acre of area served by
19 the Native American library or contract.
20 2. Such sums shall be paid to the Native American library trustees for
21 the use of the Native American library, or in the absence of such trus-
22 tees, to the tribal government for a contract for library service. Noth-
23 ing contained in this section shall be construed to diminish the funds,
24 services or supplies provided to any Native American library by a
25 library system as defined in section 43.02 of this article.
26 § 43.02. Eligibility for library aid. 1. Public library systems. (a)
27 The term "public library system" as used in this article means:
28 (i) a library established by one or more counties;
29 (ii) a group of libraries serving an area including one or more coun-
30 ties in whole or in part;
31 (iii) a cooperative library system established pursuant to section two
32 hundred fifty-five of the education law, the plan of library service of
33 any of which shall have been approved by the board.
34 (b) The "area served" by a public library system for the purposes of
35 this article shall mean the area which the public library system
36 proposes to serve in its approved plan of service. In determining the
37 population of the area served by the public library system the popu-
38 lation shall be deemed to be that shown by the latest federal census for
39 the political subdivisions in the area served. Such population shall be
40 certified in the same manner as provided by section fifty-four of the
41 state finance law except that such population shall include Native Amer-
42 ican population in reservations and schools and inmates of state insti-
43 tutions under the direction, supervision or control of the state depart-
44 ment of correctional services, the state department of mental hygiene
45 and the state department of family assistance. In the event that any of
46 the political subdivisions receiving library service are included within
47 a larger political subdivision which is a part of the public library
48 system the population used for the purposes of computing state aid shall
49 be the population of the larger political subdivision, provided however,
50 that where any political subdivision within a larger political subdivi-
51 sion shall have taken an interim census since the last census taken of
52 the larger political subdivision, the population of the larger political
53 subdivision may be adjusted to reflect such interim census and, as so
54 adjusted, may be used until the next census of such larger political
55 subdivision. In the event that the area served is not coterminous with
56 a political subdivision, the population of which is shown on such
S. 1407 24 A. 2107
1 census, or the area in square miles of which is available from official
2 sources, such population and area shall be determined, for the purpose
3 of computation of state aid pursuant to section 43.03 of this article by
4 applying to the population and area in square miles of such political
5 subdivision, the ratio which exists between the assessed valuation of
6 the portion of such political subdivision included within the area
7 served and the total assessed valuation of such political subdivision.
8 (c) Members of a public library system shall be those public, free
9 association, and Native American libraries located within the service
10 area which have been admitted to membership prior to October first, two
11 thousand one, or which apply for and are granted membership subsequent
12 to that date with the approval of the board. No public library system
13 shall be subject to any loss of benefits under these provisions where
14 such system has made reasonable effort to prevent the unapproved with-
15 drawal of such library from the system and the system demonstrates, in a
16 manner satisfactory to the board, that the residents of the area encom-
17 passed by the withdrawing library will continue to benefit from the
18 library services provided by the public library system.
19 (d) "Approved plan" as used in this article means a plan of library
20 service by a public library system approved by the board.
21 (e) Approval shall not be given to a public library system unless it
22 will serve at least two hundred thousand people or four thousand square
23 miles of area, provided, however, that provisional approval may be given
24 to a public library system which will serve at least fifty thousand
25 persons provided the area served includes three or more political subdi-
26 visions and provided further that a satisfactory plan of expansion of
27 service to be followed during the ensuing five-year period is adopted by
28 such library system and approved by the board.
29 (f) The trustees of the public library system shall submit to the
30 board the plan of library service. Such plan shall be supported by such
31 information as the board may require in the form prescribed by him or
32 her.
33 (g) No such plan of library service shall be approved by the board
34 unless it finds that such plan provides for the residents of the area
35 served a method by which the participating libraries are obligated to
36 permit the loan of books and material among members of the system for
37 use on the same basis permitted by the library which owns or controls
38 them.
39 (h) In its review of such plan the board shall consider, among other
40 things, the size of the collection; the diversity of such collection
41 with respect to general subjects and interests; annual additions to
42 collection; circulation; maintenance of catalogues; number and location
43 of libraries or branch libraries; hours of operation and number and
44 qualifications of personnel necessary to enable a public library system
45 to render adequate service; population; density of population; the actu-
46 al valuation of the taxable property within the area served; the amount
47 raised by taxation by or for the area served; the relation of such
48 amount to population and actual value of the property taxed; and the
49 relation of the amount of funds received by a public library system from
50 local taxes to that derived from private contributions.
51 (i) Each public library system receiving state aid pursuant to this
52 article shall furnish such information regarding its library service as
53 the chief executive officer may from time to time require to discharge
54 his or her duties under such sections. The board may at any time revoke
55 its approval of a plan of library service if it finds that the public
56 library system no longer conforms to the provisions of the approved
S. 1407 25 A. 2107
1 plan; or, in the case of provisional approval, if such library system no
2 longer conforms to the agreement, plans or conditions upon which such
3 provisional approval was based. In such case a public library system
4 shall not thereafter be entitled to state aid pursuant to this article
5 unless and until its plan of library service is again approved by the
6 board.
7 (j) (i) In the event that the sum total of local sponsor support
8 raised by local taxation exclusive of the sum raised for capital expend-
9 itures for the support of a public library system and participating
10 libraries in a twelve month period is less than ninety-five percent of
11 the average of the amounts raised for such purposes by local taxation
12 for the two preceding twelve month periods, the state aid to which such
13 library system would otherwise be entitled shall be reduced by twenty-
14 five percent. Such state aid shall likewise be reduced by twenty-five
15 percent in the event that the public library system shall refuse after
16 reasonable notice to make provision for the expansion of the area served
17 in accordance with the approved plan. In the first year in which any
18 library system changes its reporting from the calendar year to a fiscal
19 year other than the calendar year, it shall file any additional report-
20 ing schedules deemed necessary by the chief executive officer for the
21 purpose of determining maintenance of effort as required herein, in
22 order that no period of time shall be exempt from such requirement.
23 (ii) In the event that the total sum raised by local taxation, exclu-
24 sive of the sum raised for capital expenditures, for the support of a
25 central library of a public library system in a twelve month period, is
26 less than ninety-five percent of the average of the amounts raised for
27 such purposes by local taxation for the two preceding twelve month peri-
28 ods, the state aid to which such library system would otherwise be enti-
29 tled for the development of its central library shall be reduced by
30 twenty-five percent. In the first year in which any library system
31 changes its reporting from the calendar year to a fiscal year other than
32 the calendar year, it shall file any additional reporting schedules
33 deemed necessary by the chief executive officer for the purpose of
34 determining maintenance of effort as required herein, in order that no
35 period of time shall be exempt from such requirement.
36 (iii) The board may waive the requirements of subparagraphs (i) and
37 (ii) of this paragraph, if it determines that the application of such
38 subparagraphs would result in excessive hardship for the public library
39 system or central library brought about by an extraordinary change in a
40 local sponsor's economic condition, loss by a local sponsor of state aid
41 to local governments provided under section fifty-four of the state
42 finance law, or by a natural disaster. The board may grant such waiver
43 for a period of up to two consecutive calendar years and shall report
44 any waivers granted under this subparagraph to the speaker of the assem-
45 bly, the temporary president of the senate, the chairs of the legisla-
46 tive fiscal committees and the director of the division of the budget.
47 (iv) A "local sponsor" shall mean any municipality, district or school
48 district, as defined in the general municipal law, or any combination
49 thereof.
50 (k) In approving, rejecting or revoking plans of library service
51 pursuant to this section, consideration shall be given to:
52 (i) the prevention of unreasonable discrimination among the persons
53 served by such public library system;
54 (ii) the need for rapid expansion of library facilities in areas not
55 now served;
S. 1407 26 A. 2107
1 (iii) the need of each public library system for the professional
2 services of an adequate number of librarians having, in addition to
3 general familiarity with literature, special training with respect to
4 book selection and organization for library use;
5 (iv) the need for a library collection sufficient in size and varied
6 in kind and subject matter;
7 (v) the need for regular fresh additions to collections;
8 (vi) the need for adequate books, materials and facilities for
9 research and information as well as for recreational reading;
10 (vii) the need for libraries, branches, and other outlets convenient
11 in location, and with adequate hours of service;
12 (viii) the desirability for the integration of existing libraries and
13 new libraries into systems serving a sufficiently large population to
14 support adequate library service at a reasonable cost;
15 (ix) the need for the economic and efficient utilization of public
16 funds;
17 (x) the need for full utilization of local pride, responsibility,
18 initiative and support of library service and the use of state aid in
19 their stimulation but not as their substitute; and
20 (xi) the needs of special populations.
21 2. Reference and research library resources systems. (a) The term
22 "reference and research library resources system" as used in this arti-
23 cle means a duly chartered educational institution resulting from the
24 association of a group of institutions of higher education, libraries,
25 non-profit educational institutions, hospitals, and other institutions
26 organized to improve reference and research library resources service.
27 Such reference and research library resource systems may be registered
28 upon meeting the criteria prescribed by the board.
29 (b) The "area served" by a reference and research library resources
30 system for the purposes of this article shall include not less than
31 seven hundred fifty thousand persons, as based upon the latest approved
32 federal census, or not less than ten thousand square miles; and the
33 defined area of service shall:
34 (i) include more than one county;
35 (ii) respect the integrity of the area of service of a public library
36 system; and
37 (iii) constitute a service area effectively related to the availabili-
38 ty of information resources and services and to the area of service of
39 other reference and research library resources systems.
40 (c) Membership in a reference and research library resources system
41 shall include:
42 (i) at least four chartered degree-granting institutions of higher
43 education of the four year level;
44 (ii) either: (1) at least one chartered degree-granting institution of
45 higher education offering graduate programs for a masters degree whose
46 library holds not less than two hundred seventy-five thousand volumes
47 and currently receives not less than three thousand periodical titles,
48 or
49 (2) a public library which holds not less than four hundred thousand
50 adult volumes and currently receives not less than one thousand five
51 hundred periodical titles;
52 (iii) the membership may also include approved public and school
53 library systems which are within the region served by the reference and
54 research library resources system;
55 (iv) a public library in Suffolk or Nassau county that provides
56 service within the area served by the system except that no such public
S. 1407 27 A. 2107
1 library which is not a member of a public library system shall be eligi-
2 ble for membership in a reference and research library resources system;
3 (v) a reference and research library resources system may set its own
4 minimum standards for membership, except that:
5 (1) any chartered institution of higher education shall be eligible
6 for membership, and
7 (2) any hospital whose library meets the standards established in
8 section two hundred fifty-four of the education law shall be eligible
9 for membership; and
10 (vi) the member institutions of each reference and research library
11 resources system shall be broadly representative of the chartered educa-
12 tional agencies, nonprofit organizations, hospitals and other special
13 libraries providing library service within the defined area of services
14 of the system.
15 (d) (i) The reference and research library resources system shall
16 submit a plan of service to the board for approval, in a form to be
17 prescribed by the board to cover resources, needs, proposed programs,
18 budget, contractual agreements, and any other information which the
19 board may require.
20 (ii) The plan of service must show the manner in which the reference
21 and research library resources system will improve the library resources
22 and services presently available in the area to the research community,
23 including improved reader access.
24 (iii) The plan of service shall indicate the manner in which the
25 reference and research library resources system strengthens the library
26 programs of its members and the manner in which the system program is
27 related to appropriate regional programs in higher education.
28 (iv) The plan of service shall identify the resources and needs of
29 each hospital library, or library serving hospitals and show the manner
30 in which the reference and research library resources system will
31 improve hospital library services.
32 (e) Each reference and research library resources system receiving
33 state aid pursuant to this article shall furnish such information
34 regarding its library service as the chief executive officer may from
35 time to time require to discharge duties of the board under such
36 sections. The board may at any time revoke its approval of a plan of
37 library service if it finds that the library system no longer conforms
38 to the provisions of the approved plan. In such case a library system
39 shall not thereafter be entitled to state aid pursuant to this article
40 unless and until its plan of library service is again approved by the
41 board.
42 (f) In approving, rejecting or revoking plans of library service
43 pursuant to this section, consideration shall be given to:
44 (i) the prevention of unreasonable discrimination among the persons
45 served by such library system;
46 (ii) the need for regional resources of sufficient size and varied in
47 kind and subject matter;
48 (iii) the need for adequate books, materials (print and non-print) and
49 facilities for research and information;
50 (iv) the need for outlets convenient in time and place for the sharing
51 of library materials;
52 (v) the need for the economic and efficient utilization of public
53 funds;
54 (vi) the need for full utilization of local responsibility, initiative
55 and support of library service and the use of state aid in their stimu-
56 lation but not as their substitute; and
S. 1407 28 A. 2107
1 (vii) the need for adequate books, materials, including both print and
2 non-print materials, and facilities for current medical information
3 services to be provided each hospital.
4 § 43.03. Apportionment of library aid. 1. Any public library system
5 providing service under an approved plan during a calendar year shall be
6 entitled to receive during that calendar year state aid consisting of
7 the following amounts:
8 (a) An annual grant of:
9 (i) ten thousand dollars where the library system serves less than one
10 county;
11 (ii) twenty thousand dollars where the library system serves one
12 entire county; or
13 (iii) where the library system serves more than one county the system
14 shall be entitled to receive twenty-five thousand dollars for each
15 entire county served and/or ten thousand dollars for each county, any
16 part of which is served by the library system. If an entire county is
17 served by two or more library systems, each of which serves a part ther-
18 eof, each of such library systems shall be entitled to receive a grant
19 of ten thousand dollars and in addition, a pro rata share of an addi-
20 tional sum of ten thousand dollars, such share to be computed in accord-
21 ance with the ratio which the population of the area of the county
22 served by such library system bears to the total population of the coun-
23 ty, as determined under subdivision one of section 43.02 of this arti-
24 cle.
25 (b) In a library system which submits a plan for further development
26 of its central library, which plan shall be approved by the board in
27 relation to standards for such central libraries, the amount of central
28 library development aid shall be:
29 (i) thirty-two cents per capita of the population within the chartered
30 area of service of such library system with a minimum amount of one
31 hundred five thousand dollars; and
32 (ii) an additional seventy-one thousand five hundred dollars to the
33 library system for the purchase of books and materials including non-
34 print materials for its central library. Ownership of library materials
35 and equipment purchased with such central library aid provided by this
36 paragraph shall be vested in the public library system.
37 (c) The sum of ninety-four cents per capita of population of the area
38 served.
39 (d)(i) An amount equal to the amount by which expenditures by the
40 library system for books, periodicals, binding and non-print materials
41 during the preceding fiscal year exceeds forty cents per capita of popu-
42 lation of the area served but the total apportionment pursuant to this
43 subparagraph shall not exceed sixty-eight cents per capita of population
44 served. In the first year in which any library system changes its
45 reporting from the calendar year to a fiscal year other than the calen-
46 dar year, it shall file any additional reporting schedules deemed neces-
47 sary by the chief executive officer for the purpose of determining state
48 aid for the calendar year.
49 (ii) Each public library system with an automation program to support
50 bibliographic control and interlibrary sharing of information resources
51 of member libraries, and to coordinate and integrate the automated
52 system or systems of such member libraries, shall be eligible to receive
53 an amount equal to seven percent of the amount earned in subparagraph
54 (i) of this paragraph, or seventy-six thousand five hundred dollars,
55 whichever is greater.
S. 1407 29 A. 2107
1 (e) The sum of fifty-two dollars per square mile of area served by the
2 library system in the case of library systems serving one county or
3 less. Such sum shall be increased by five dollars for each additional
4 entire county served, provided, however, that no apportionment pursuant
5 to this paragraph shall exceed seventy-two dollars per square mile of
6 area served. If an entire county is served by two or more library
7 systems, each of which serves a part thereof, each of such library
8 systems shall be entitled to receive, in addition to the aid computed in
9 accordance with the foregoing provisions of this paragraph, a pro rata
10 share of an increase of five dollars to be computed as follows: the sum
11 resulting from the computation of five dollars per square mile of area
12 served by the one of such library systems which would receive the larg-
13 est amount of aid pursuant to this paragraph shall be prorated among the
14 library systems serving such county in accordance with the ratio which
15 the population of the area served by each of such library systems bears
16 to the population of the county as determined under subdivision one of
17 section 43.02 of this article.
18 (f) (i) In calendar years nineteen hundred ninety-one and nineteen
19 hundred ninety-two, local library incentive aid shall be paid as
20 follows: the amount of eight cents for every one dollar contributed by
21 local sponsors to the approved public library systems and to registered
22 public and free association libraries which are members of a public
23 library system, except that no library system shall receive a sum which
24 is more than one hundred seven percent greater than the sum received in
25 local library incentive aid in nineteen hundred eighty-three and except
26 that in calendar year nineteen hundred ninety-two no library system
27 shall receive a sum which is more than twenty-two percent greater than
28 the sum received in local library incentive aid in nineteen hundred
29 eighty-eight, and further provided that the aid shall be disbursed
30 according to a plan agreed upon by the public library system trustees
31 and the trustees of a majority of the member libraries which shall
32 provide that:
33 (1) at least forty percent of the total amount paid to any public
34 library system under this provision shall be used by the system for
35 system wide services;
36 (2) at least forty percent of the total amount paid to any public
37 library system under this provision shall be distributed to its member
38 public and free association libraries.
39 (ii) A "local sponsor" shall mean any municipality, district or school
40 district, as defined in the general municipal law, or any combination
41 thereof.
42 (iii) The local sponsor contribution shall be that amount other than
43 funds allocated for capital expenditure or debt service received in any
44 calendar year by a public library system or a public or free association
45 library from such sponsor.
46 (iv) Of the annual amount payable under this paragraph, fifty percent
47 shall be paid on July fifteenth and fifty percent on November fifteenth
48 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
49 (v) Local library services aid. In calendar year nineteen hundred
50 ninety-three and thereafter, except in cities with a population in
51 excess of one million inhabitants, each chartered and registered public
52 and free association library, and each public or free association
53 library serving a city with a population of one hundred thousand or more
54 which merged with the public library system on or before January first,
55 nineteen hundred seventy-six, shall be eligible to receive thirty-one
56 cents per capita of the population of the library's chartered service
S. 1407 30 A. 2107
1 area as on file with the chief executive officer on January first, nine-
2 teen hundred ninety-two, or, thirty-one cents per capita of the popu-
3 lation of the city with a population of one hundred thousand or more
4 whose public or free association library merged with the public library
5 system on or before January first, nineteen hundred seventy-six, with a
6 minimum amount of one thousand five hundred dollars, except that no
7 library shall receive less than the amount of local library incentive
8 aid received in nineteen hundred ninety-one as reported on the library's
9 nineteen hundred ninety-one annual report. Local library services aid
10 shall be paid to the system for distribution within thirty days of
11 receipt to its member libraries in accordance with this subdivision.
12 (vi) Local services support aid. In calendar year nineteen hundred
13 ninety-three and thereafter, except in cities with a population in
14 excess of one million inhabitants, each public library system operating
15 under an approved plan of service shall be eligible to receive annually
16 local services support aid equal to two-thirds of the total dollar
17 amount paid in local library services aid to the member libraries of the
18 system plus thirty-one cents per capita of the system's population who
19 do not reside within the chartered service area of a member library.
20 (vii) Local consolidated systems aid. In calendar year nineteen
21 hundred ninety-three and thereafter, in cities with a population in
22 excess of one million inhabitants, each public library system operating
23 under an approved plan of service shall be eligible to receive annually
24 local consolidated system aid equal to the sum of:
25 (1) thirty-one cents per capita of the population served by the
26 system, but not less than the amount of local library incentive aid
27 received in nineteen hundred ninety-one as reported on the library's
28 nineteen hundred ninety-one annual report; and
29 (2) an additional amount equal to two-thirds of the total dollar
30 amount computed for the system pursuant to clause one of this subpara-
31 graph.
32 (g) In addition to the sums provided in paragraphs (a), (b), (c), (d),
33 (e), (f), (h) and (i) of this subdivision, the New York Public Library
34 shall receive an amount equal to its actual expenditures for books,
35 periodicals and binding for its research libraries which expenditures
36 are not otherwise reimbursed or seven hundred sixty-seven thousand
37 dollars and the additional sum of five million six hundred forty-nine
38 thousand six hundred dollars for the general support of such research
39 libraries.
40 (h) (i) Each public library system which provides coordinated outreach
41 services, to persons who are educationally disadvantaged or who are
42 members of ethnic or minority groups in need of special library
43 services, or who are unemployed and in need of job placement assistance,
44 or who live in areas underserved by a library, or who are blind, phys-
45 ically handicapped, aged or confined in institutions, shall be entitled
46 to receive annually forty-three thousand dollars and thirteen cents per
47 capita of the total population of the area served.
48 (ii) The board shall award annually grants to each public library
49 system which submits an acceptable plan for library service programs to
50 be carried out by a system and/or a member library or libraries which
51 assist adults to increase their literacy skills. The board shall award
52 such grants having determined that such programs are being operated in
53 direct coordination with local public schools, colleges and other organ-
54 izations which are operating similar adult literacy programs. Annual
55 state aid of two hundred thousand dollars shall be awarded for this
56 purpose.
S. 1407 31 A. 2107
1 (iii) The chief executive officer shall award annually grants for
2 approved expenses for enriched coordinated outreach programs conducted
3 for pre-school and school age children and their parents by a library or
4 libraries which are members of a public library system. Annual state
5 aid of three hundred thousand dollars for grants shall be allocated
6 after review of proposals submitted by the public library systems.
7 (i) In addition to any other sums provided for such purposes, the New
8 York public library shall receive annually the sum of seven hundred
9 thirty-four thousand dollars for the program of the Schomburg center for
10 research in black culture, and the additional sum of nine hundred eight-
11 y-four thousand dollars for the program of the library for the blind and
12 physically handicapped; provided, however, that the New York historical
13 society shall receive annual payments of two hundred fifty thousand
14 dollars.
15 (j) In addition to any other sums provided to such library the sum of
16 three hundred fifty thousand dollars shall be made available to the
17 Brooklyn public library for its business library for each calendar year.
18 (k) In addition to any other sums provided to such library the sum of
19 fifty thousand dollars shall be made available to the Buffalo and Erie
20 County public library for a continuity of service project for each
21 calendar year.
22 (l) In addition to any other sums provided to such library system the
23 sum of thirty thousand dollars shall be made available to the Nassau
24 library system for a continuity of service project for each calendar
25 year.
26 (m) The minimum annual grant available to a library system under para-
27 graphs (a), (c) and (e) and subparagraph (i) of paragraph (d) of this
28 subdivision shall be six hundred seventy-five thousand dollars.
29 2. The board may waive the requirement that a public library system
30 serve an entire county to earn the maximum annual grant under subpara-
31 graphs (ii) and (iii) of paragraph (a) of subdivision one of this
32 section and paragraphs (b), (c), (e) and (h) of subdivision one of this
33 section where it deems reasonable effort has been made by the system to
34 encourage membership by all libraries in the county.
35 3. Reference and research library resources system. (a) Any reference
36 and research library resources system providing service under an
37 approved plan during a calendar year shall be entitled to receive annual
38 state aid consisting of an annual grant of two hundred seventy thousand
39 dollars plus the sum of one dollar and fifty cents per square mile of
40 area served plus the sum of six cents per capita of the population of
41 the area served. Each system may annually appropriate the amount of ten
42 thousand dollars or less of the aid received under this provision to
43 obtain matching funds from the National Endowment for the Humanities in
44 the United States Newspaper Program. The annual amount payable to each
45 approved system under this paragraph shall be paid on July first,
46 provided that, upon receipt of annual system activity reports, the chief
47 executive officer shall determine the amount of any under- or overpay-
48 ments and shall apply such adjustment to the next annual payment due
49 such system.
50 (b) The board is hereby authorized to expend up to five hundred six
51 thousand dollars annually to contract with the New York Academy of Medi-
52 cine, or such other agency or agencies as it may deem appropriate, to
53 provide services to the reference and research library resources systems
54 under the federal regional medical library program.
55 (c) (i) The board is hereby authorized to expend up to one million
56 three hundred ninety-six thousand dollars in each state fiscal year to
S. 1407 32 A. 2107
1 provide grants to reference and research library resources systems for
2 provision of services to member hospital libraries in not-for-profit
3 hospitals licensed by the New York state health department, or to
4 libraries serving such hospitals which are located in non-rural areas or
5 rural areas. For the purpose of this program, the board shall define
6 rural area on the basis of population, population density, and popu-
7 lation characteristics. Such grants shall be determined on the basis of
8 criteria to be developed by the board including specific reference to
9 five-year plans to assist member hospital libraries or libraries serving
10 hospitals, to provide integration of member hospital libraries or
11 libraries serving hospitals into existing networks and to increase the
12 number of member hospital libraries or libraries serving hospitals.
13 (ii) The board shall provide grants to the reference and research
14 library resources systems in the following manner:
15 (1) an amount equal to seventy-five cents per square mile of area
16 served by the reference and research library resource system in further-
17 ance of the purposes of this paragraph; and
18 (2) the remainder for library services to hospitals in non-rural or
19 rural areas in accordance with regulations of the chief executive offi-
20 cer adopted for such purpose.
21 4. Coordinated collection development program for public and non-pro-
22 fit independent colleges and universities. (a) Libraries of public and
23 nonprofit independent colleges and universities are entitled to receive
24 annual funding for a coordinated collection development grant if they
25 meet the following conditions:
26 (i) membership in a reference and research library resources system;
27 (ii) their resources are made available to the public, through full
28 participation in the interlibrary loan and other resource sharing
29 programs of the reference and research library resources system of which
30 they are members; and
31 (iii) they meet the requirements set forth by the board including but
32 not confined to:
33 (1) maintenance of effort;
34 (2) relationships between reference and research library resources
35 systems' programs and the regional higher education institution's plan;
36 and
37 (3) submission of interlibrary loan statistics, and such other reports
38 as may be required by the board.
39 (b) Public community colleges and nonprofit independent colleges and
40 universities with libraries which meet the criteria of paragraph (a) of
41 this subdivision are eligible for annual grants as follows:
42 (i) four thousand four hundred dollars for each institution; and
43 (ii) one dollar and four cents for each full-time equivalent student
44 enrolled in each qualifying institution, in the academic year completed
45 prior to the state fiscal year. For purposes of this section, a full-
46 time equivalent shall be calculated as follows:
47 (1) one full-time undergraduate student shall be considered one full-
48 time equivalent student;
49 (2) one part-time undergraduate student shall be considered one-third
50 of a full-time equivalent student;
51 (3) one part-time graduate student shall be considered one full-time
52 equivalent student; and
53 (4) one full-time graduate student shall be considered one and one-
54 half of a full-time equivalent student.
55 (c) If funds for the support of this program are appropriated to the
56 institute, such institute shall make grants to the state university of
S. 1407 33 A. 2107
1 New York and the city university of New York for the purposes of this
2 subdivision, and such funds shall be distributed in accordance with the
3 formula contained in paragraph (b) of this subdivision.
4 5. Regional bibliographic data bases and interlibrary resources shar-
5 ing. (a) The board shall award annually to each of the nine reference
6 and research library resources systems, from funds appropriated by the
7 legislature, upon submission of an acceptable annual plan, a grant for
8 an automation program:
9 (i) to support bibliographic control and interlibrary sharing of
10 information resources among all types of libraries and library systems
11 in an area not less than that of a reference and research library
12 resources system; and
13 (ii) to coordinate and integrate the automated circulation system or
14 systems of the component public library system or systems, school
15 library system or systems and other automated systems within the area of
16 the reference and research library resources system. Each reference and
17 research library resources system of such region shall be entitled to an
18 annual grant of two hundred thousand dollars plus the sum of two cents
19 per capita of the population served.
20 (b) To be eligible for a grant, a five-year plan for a regional
21 library automation program shall be submitted by the reference and
22 research library resources system acting with the concurrence of a
23 system within the region. Each annual plan submitted under paragraph (a)
24 of this subdivision shall be consistent with the applicable regional
25 five-year plan with respect to the description of a comprehensive auto-
26 mation program and identification of sources of program support in addi-
27 tion to the state aid funds requested. The approval and modification of
28 five-year plans shall take into account library automation, continuous
29 development of the data base, and updating, access and linking of the
30 data base program.
31 (c) A public library system or a reference and research library
32 resources system is authorized to enter into contracts with the insti-
33 tute to provide cooperative services for statewide data base develop-
34 ment, data communication and document delivery.
35 6. Conservation and preservation of library research materials. (a)
36 The board may award in any state fiscal year an annual grant of one
37 hundred twenty-six thousand dollars for a program of conservation and/or
38 preservation of library research materials to each of the following
39 comprehensive research libraries: Columbia university libraries, Cornell
40 university libraries, New York state library, New York university
41 libraries, university of Rochester libraries, Syracuse university
42 libraries, the research libraries of the New York public library, state
43 university of New York at Albany library, state university of New York
44 at Binghamton library, state university of New York at Buffalo library,
45 and state university of New York at Stony Brook library.
46 (b) To be eligible for such grants, each such comprehensive research
47 library must submit both a five-year plan and an annual program budget.
48 The plan must satisfy criteria to be established by the board relating
49 to the identification of library research materials, the need for their
50 preservation, and the means of their conservation.
51 (c) Additional grants, the sum of which shall not exceed three hundred
52 fifty thousand dollars in any state fiscal year, may be made to any or
53 all of the eleven comprehensive research libraries for preservation
54 and/or conservation of library research materials on the basis of
55 project proposals. Approval of such proposals, and determination of
56 funding level, shall be based upon their contribution to development of
S. 1407 34 A. 2107
1 cooperative programs and/or facilities for conservation and/or preserva-
2 tion works in the state, including but not limited to such factors as:
3 institutional commitment to development of a collective capacity and
4 coordinated approach to conservation and preservation of research mate-
5 rials important to the people of the state; research value of materials
6 to be preserved and/or conserved; appropriateness of conservation and
7 preservation techniques in accordance with statewide planning and
8 national standards; institutional capacity for successful completion of
9 the project, including facilities, experience, and technical expertise;
10 availability of staff with appropriate training and expertise; contrib-
11 ution of the institution to the project in matching funds and staff
12 resources; and volume of interlibrary lending and access to holdings by
13 the public.
14 (d) Other agencies and libraries which are not eligible for funding
15 under paragraph (a) of this subdivision, may receive separate grants the
16 sum of which shall not exceed five hundred thousand dollars in any state
17 fiscal year to support the preservation and/or conservation of unique
18 library research materials. Such agencies and libraries shall submit
19 proposals which shall be evaluated and determinations of approval and
20 funding shall be made on the same basis set forth in paragraph (e) of
21 this subdivision.
22 (e) Funds made available under the provisions of this section may be
23 used by comprehensive research libraries and other agencies eligible for
24 funding to obtain matching funds from the national endowment for the
25 humanities preservation program.
26 (f) The board shall dedicate resources to assess the technology avail-
27 able for such conservation and preservation of library research materi-
28 als, and to coordinate the conservation and preservation efforts result-
29 ing from this legislation. The board may also establish an advisory
30 council on conservation and preservation to assist in the development
31 and operation of this program.
32 7. New York state talking book and braille library. The New York state
33 talking book and braille library shall be entitled to receive annually
34 an amount equal to the product of the aid ceiling multiplied by the
35 number of registered borrowers of such materials of such library as of
36 the November report for the November immediately preceding the state
37 fiscal year for which the payment will be made. Such amount shall be
38 used to improve the quality of services provided to such borrowers. For
39 aid payable in each state fiscal year, the aid ceiling per registered
40 borrower shall be nineteen dollars. Notwithstanding any other provision
41 of law, the New York state talking book and braille library shall be the
42 successor in interest to the New York state library for the blind and
43 visually handicapped for all purposes, or the library for the blind and
44 physically handicapped, and the change in name shall not affect the
45 rights or interests of any party. Except where the context indicates a
46 contrary intent, any reference in any other general or special law to
47 the New York state library for the blind and visually handicapped or the
48 library for the blind and physically handicapped shall be deemed a
49 reference to the New York state talking book and braille library.
50 8. State aid for a coordinated program of library and archival
51 services at The Center for Jewish History, Inc. (a) In addition to any
52 other sums provided to The Center for Jewish History, Inc., the board
53 shall award in any state fiscal year an annual grant of two hundred
54 thousand dollars for a coordinated program of library and archival
55 services that will increase public access to the library and archival
S. 1407 35 A. 2107
1 collections of The Center for Jewish History, Inc. and its member insti-
2 tutions.
3 (b) The Center for Jewish History, Inc. is hereby admitted to the
4 University of the State of New York and shall, as a condition of contin-
5 ued receipt of aid, maintain such status in accordance with appropriate
6 regulations of the University. Such regulations may include submission
7 of a five-year plan and an annual program budget.
8 § 43.04. State aid for library construction. 1. State aid shall be
9 provided for up to fifty percent of the approved costs, excluding feasi-
10 bility studies, plans or similar activities for acquisition,
11 construction, renovation or rehabilitation, including leasehold improve-
12 ments, of buildings of public libraries and library systems chartered by
13 the regents of the state of New York or established by act of the legis-
14 lature subject to the limitations provided in subdivision four of this
15 section. For purposes of this subdivision, an amount of eight hundred
16 thousand dollars shall be available for each calendar year.
17 2. Each application for state aid shall be submitted by the trustees
18 of the library or library system responsible for the operation of the
19 subject building to the board for review and approval, after having been
20 reviewed and approved by the governing board of the public library
21 system of which such library is a member. Each application shall:
22 (a) demonstrate that resources are or shall be available to provide
23 for maximum utilization of the project if approved;
24 (b) contain verification in such form as may be acceptable to the
25 chief executive officer that the total cost of the project, exclusive of
26 state aid, has been or will be obtained;
27 (c) demonstrate that library operations would be made more economical
28 as a consequence of approval;
29 (d) be limited to one project concerning such building, provided that
30 no building shall be the subject of more than one application per year;
31 and
32 (e) provided such other information as may be required by the chief
33 executive officer.
34 3. In approving any application the board shall consider the condition
35 of existing libraries and, where appropriate, the needs of isolated
36 communities, provided that no application shall be approved for a
37 project that is deemed to be more than sixty percent complete as of the
38 date of the application.
39 4. Aid shall be distributed pursuant to this section as follows:
40 (a) sixty percent of the funds appropriated pursuant to this section
41 shall be made available to libraries within each system in such manner
42 as to insure that the ratio of the amount received within each system to
43 the whole of the aid made available pursuant to this paragraph is no
44 greater than the ratio of the population served by such system to the
45 population of the state;
46 (b) forty percent of the funds appropriated pursuant to this section
47 shall be made available to library systems or libraries within each
48 system in such manner as to insure that an equal amount is received
49 within each system in the state; and
50 (c) any funds made available pursuant to paragraph (a) or (b) of this
51 subdivision which are declined by such libraries or library systems for
52 any reason, or which cannot otherwise be used by such libraries or
53 library systems for any reason, shall be made available to other
54 libraries within such system, or if no such library can use such funds,
55 they shall be reallocated among the other library systems and their
S. 1407 36 A. 2107
1 libraries in a manner that will to the extent possible provide from such
2 reallocated funds an equal amount to each such system.
3 5. The board shall report by September thirtieth of each year to the
4 governor, the temporary president of the senate, the speaker of the
5 assembly, the chairs of the senate finance committee and the assembly
6 ways and means committee concerning the amounts appropriated and
7 expended pursuant to this section, the status of each project for which
8 any amount of state aid was provided as of the date of the report, the
9 status of any project for which an application was submitted but for
10 which no aid was provided as of the date of the report, the anticipated
11 state aid necessary to be provided for eligible projects to be completed
12 and such other information as appropriate.
13 § 43.05. State aid to school library systems. 1. Each school library
14 system established pursuant to section two hundred eighty-two of the
15 education law and operating under a plan approved by the board shall be
16 eligible to receive funding under this section consisting of the follow-
17 ing amounts:
18 (a) Each school library system with a public and nonpublic school
19 enrollment of less than one hundred thousand students shall receive a
20 base grant of eighty-three thousand dollars;
21 (b) Each school library system with a public and nonpublic school
22 enrollment of one hundred thousand students but less than two hundred
23 thousand students shall receive a base grant of ninety thousand dollars
24 except that in nineteen hundred ninety-one each school library system
25 with a public and nonpublic school enrollment of one hundred thousand
26 students but less than two hundred thousand students shall receive a
27 base grant of eighty-seven thousand dollars;
28 (c) Each school library system with a public and nonpublic school
29 enrollment of at least two hundred thousand students but less than five
30 hundred thousand students shall receive a base grant of one hundred
31 twenty-three thousand dollars;
32 (d) Each school library system with a public and nonpublic school
33 enrollment of more than five hundred thousand students shall receive a
34 base grant of eight hundred ninety-seven thousand dollars;
35 (e) In addition to the base grant provided in paragraph (a), (b), (c)
36 or (d) of this subdivision, each school library system shall receive
37 annually:
38 (i) twenty-nine cents per student enrolled in the participating public
39 and nonpublic schools comprising such system,
40 (ii) five hundred dollars per participating public school district
41 comprising such system, a minimum of four thousand five hundred dollars
42 per system located within a board of cooperative educational services
43 area, or five thousand dollars per city school district of a city with a
44 population of one hundred twenty-five thousand inhabitants or more, and
45 (iii) two dollars and forty-five cents per square mile of the school
46 library system;
47 (f) In addition to any other sum provided in this subdivision, any
48 school library system which has merged since January first, nineteen
49 hundred eighty-four shall receive fifty thousand dollars annually; and
50 (g) In addition to any other sum provided in this subdivision, each
51 school library system shall receive annually an automation grant amount-
52 ing to ten percent of the total aid produced for that system by adding
53 the base grant provided by paragraph (a), (b), (c) or (d) of this subdi-
54 vision to the additional aid provided by paragraphs (e) and (f) of this
55 subdivision.
S. 1407 37 A. 2107
1 2. Before a school library system shall be entitled to receive operat-
2 ing funds, such system shall submit a plan of library service to the
3 board for approval. In reviewing such plan the board shall take into
4 consideration system staffing; union catalog and database development;
5 interlibrary loan; communications and delivery; governance and advisory
6 committees; membership criteria and the means of relating district
7 library resources and programs to those of the system; non-public school
8 participation; and procedures for submission and approval of plans and
9 certification of membership.
10 3. The moneys made available pursuant to this section shall be
11 distributed to each school library system whose plan of service has been
12 approved under the provisions of subdivision two of this section.
13 4. Each school library system receiving state aid pursuant to this
14 section shall furnish such information regarding its library service as
15 the board may from time to time require to determine whether it is oper-
16 ating in accordance with its approved plan. The board may at any time
17 after affording notice and an opportunity to be heard, revoke approval
18 of a plan of library service if it finds that the school library system
19 no longer conforms to its approved plan; or, in the case of provisional
20 approval, if such school library system no longer conforms to the agree-
21 ment, plans or conditions upon which such provisional approval was
22 based. In such case a school library system shall not thereafter be
23 entitled to state aid pursuant to this section unless and until its plan
24 of library service is again approved by the board.
25 § 43.06. State aid for cooperation with state correctional facilities.
26 Each public library system which has a state correctional facility or
27 facilities within its area of service shall be awarded a grant of nine
28 dollars and twenty-five cents per capita for the inmate population of
29 such facility or facilities upon the approval by the board of a plan of
30 service, negotiated between the area correctional facilities libraries
31 and the corresponding library systems to make available to the inmate
32 population of such facility or facilities the library resources of such
33 system. Plans shall also include organizing and providing evaluation and
34 accountability procedures and records for each region.
35 ARTICLE 44
36 AID TO PUBLIC BROADCASTING STATIONS
37 Section 44.01. Grants-in-aid to public television stations.
38 44.02. Aid for radio programming.
39 § 44.01. Grants-in-aid to public television stations. 1. There shall
40 be apportioned annually, as assistance for approved operating expenses
41 of public television corporations governed by the provisions of this
42 section, an amount not exceeding the product of the number of residents
43 of the state as determined from the nineteen hundred eighty decennial
44 federal census multiplied by one dollar and forty cents. Such amount
45 shall be allocated to each such corporation in accordance with a formula
46 and schedule of payments developed by the board and approved by the
47 director of the division of the budget.
48 2. The formula and schedule of payments developed pursuant to subdivi-
49 sion one of this section shall include provision for an amount not less
50 than twenty percent of the total state operating assistance for instruc-
51 tional television services to be provided to local educational agencies
52 by public television corporations through agreements with local school
53 districts.
54 3. There shall be annually apportioned funds for the payment of
55 approved capital expenses of educational television corporations in such
56 amounts and in such manner as the legislature shall provide.
S. 1407 38 A. 2107
1 § 44.02. Aid for radio programming. 1. There shall be apportioned
2 annually, as assistance for approved radio programming operating
3 expenses, an amount not exceeding one hundred ten thousand dollars to
4 each radio corporation, governed by the provisions of this section, and
5 to each public radio station, as defined in subdivision two of this
6 section and paid in accordance with a formula and schedule of payments
7 developed by the board. Recipients of assistance shall render a fiscal
8 report to the chief executive officer not later than December first of
9 each year upon such matters as the board may require and shall furnish
10 annually such other fiscal reports as it may require.
11 2. Notwithstanding any other provisions of law, for purposes of this
12 subdivision the term "public radio station" shall mean a non-profit and
13 noncommercial radio station which meets the following requirements:
14 (a) The station shall be licensed to:
15 (i) an institution chartered by the board of regents;
16 (ii) an agency of a municipal corporation; or
17 (iii) a corporation created in the state education department and
18 within the university of the state of New York.
19 (b) The station other than stations operated by corporations approved
20 for funding prior to April first, nineteen hundred eighty-five shall
21 have for a period of three consecutive years immediately prior to appor-
22 tionment of such money and all recipients shall continue to after
23 receipt of such money:
24 (i) broadcast at least eighteen hours per day or the maximum hours of
25 operation authorized by the federal communications commission, whichever
26 is less, three hundred sixty-five days per year; and
27 (ii) operate with a staff of at least five full-time members paid at
28 least the federal minimum wage, a budget that includes at least ninety-
29 five thousand dollars of non-federal income of which a reasonable
30 portion is received from local business, foundations, or individual
31 contributors paid either directly to the radio station or broadcast
32 corporation or to a not-for-profit corporation for the benefit of such
33 radio station and an effective radiated power equivalent to three thou-
34 sand watts at five hundred feet above average terrain or the maximum
35 tower height authorized by the federal communications commission, which-
36 ever is less for FM radio stations or two hundred fifty watts for AM
37 radio stations.
38 § 7. Subdivision 3 of section 97-zzz of the state finance law, as
39 added by section 3-a of part B of chapter 83 of the laws of 2002, is
40 amended to read as follows:
41 3. Moneys of this account, following appropriation by the legislature,
42 shall be available to the [state education department] New York insti-
43 tute for cultural education for services and expenses of [the cultural
44 education program] its programs including operating expenses and capital
45 projects subject to a plan approved by [the commissioner of education
46 and] the director of the budget.
47 § 8. Section 57.01 of the arts and cultural affairs law is amended to
48 read as follows:
49 § 57.01. Office of state history. There shall be in the [education
50 department] New York institute for cultural education the office of
51 state history.
52 § 9. Subdivision 3 of section 57.02 of the arts and cultural affairs
53 law, as added by chapter 113 of the laws of 1997, is amended to read as
54 follows:
55 3. The [commissioner of education] New York institute for cultural
56 education, through the office of state history is hereby authorized to
S. 1407 39 A. 2107
1 undertake projects to recognize New York state history month. Such
2 projects may include the creation of an essay contest for state resi-
3 dents who are enrolled in any elementary or secondary education program
4 which shall reflect upon the importance of New York state history. Any
5 project or projects created pursuant to this subdivision may, in the
6 discretion of the [commissioner of education] New York institute for
7 cultural education, authorize non-monetary awards to be given to project
8 participants or project winners as [such commissioner] the board of such
9 institute may deem appropriate.
10 § 10. Section 57.03 of the arts and cultural affairs law is amended to
11 read as follows:
12 § 57.03. Functions of the office of state history. It shall be the
13 function of the office of state history:
14 1. To collect, edit and publish, with the approval of the [commission-
15 er of education] chief executive officer of the New York institute for
16 cultural education, any archives, records, papers or manuscripts that
17 are deemed essential or desirable for the preservation of the state's
18 history.
19 2. To prepare and publish, with the approval of the [commissioner of
20 education] chief executive officer of the New York institute for
21 cultural education, or assist in the preparation and publication of,
22 works relating to the history of the colony and state of New York.
23 3. To acquire, administer, preserve, exhibit, interpret, and, in
24 conformity with the regulations of the [commissioner of education] chief
25 executive officer of the New York institute for cultural education, to
26 loan, exchange or dispose of historical objects of personal property
27 relating to the history of the colony and state of New York; and to
28 advise any state agency, board, commission, office, civil subdivision,
29 institution, organization, or individual on the acquisition, adminis-
30 tration, preservation, exhibition, interpretation, and disposition of
31 historical objects.
32 4. To perform the functions of the [state education department] New
33 York institute for cultural education set forth in section 19.11 of the
34 parks, recreation and historic preservation law with respect to historic
35 sites under the jurisdiction of the office of parks, recreation and
36 historic preservation; and to advise and assist any political subdivi-
37 sion of the state and any institution, organization or individual
38 concerning the designation, acquisition, administration, interpretation,
39 use and disposition of any historic site, property or place relative to
40 the history of the colony and state of New York, and to coordinate
41 educational programs and projects at such historic sites or properties.
42 5. To advise and assist any state agency, board, commission, office,
43 civil subdivision, institution or organization in the planning and
44 execution of any commemorative event relating to the history of the
45 colony and state of New York or New York's participation in commemora-
46 tive events outside of the state.
47 6. To perform other functions or duties assigned the office by the
48 [commissioner of education] chief executive officer of the New York
49 institute for cultural education.
50 § 11. Subdivisions 1, 7 and 8 of section 57.05 of the arts and
51 cultural affairs law are amended to read as follows:
52 1. There shall be continued within the [education department] New York
53 institute for cultural education the state archives. The state archives
54 shall acquire, appraise, preserve either in original or duplicate form,
55 catalog, display, duplicate and make available for reference and use by
56 state officials and others those official records that have been deter-
S. 1407 40 A. 2107
1 mined to have sufficient historical value or other value to warrant
2 their continued preservation by the state.
3 7. The [commissioner of education] chief executive officer of the New
4 York institute for cultural education may [request the attorney general
5 to] institute legal action for the return to the custody of the state of
6 any record which has not legally been released from state custody.
7 8. The state archives may duplicate records in its custody, and certi-
8 fy under its own official seal to the authenticity of the copies of such
9 records. The state archives with the approval of the [commissioner of
10 education] chief executive officer of the New York institute for
11 cultural education and in accordance with existing state statutes may
12 dispose of original records in its custody that have been duplicated.
13 § 12. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
14 affairs law, subdivision 9 as amended and subdivision 11 as added by
15 chapter 42 of the laws of 1987, are amended to read as follows:
16 9. The [commissioner of education] board of the New York institute for
17 cultural education shall have the power to [promulgate rules and regu-
18 lations] prescribe procedures and criteria necessary and appropriate to
19 carry out the purposes of this section, providing no objection to those
20 [rules and regulations] procedures and criteria is made within thirty
21 days prior to the effective date of the proposed [rules and regulations]
22 procedures and criteria by the following: the speaker of the assembly
23 for [rules and regulations] procedures and criteria relating to the
24 records of the assembly; the temporary president [pro-tem] of the senate
25 for [rules and regulations] procedures and criteria relating to the
26 records of the senate; the director of the division of the budget for
27 [rules and regulations] procedures and criteria relating to records of
28 the civil departments; and the chief administrator of the courts for
29 [rules and regulations] procedures and criteria relating to records of
30 the judiciary.
31 11. The state archives shall establish a state records center consist-
32 ing of one or more depositories for nonpermanent storage of state
33 records and shall be responsible for the preservation and disposal of
34 such records. Solely for the purposes of carrying out his or her
35 record-keeping functions, the [commissioner of education] chief execu-
36 tive officer of the New York institute for cultural education shall be
37 empowered:
38 (a) To assume responsibility for the physical possession, storage,
39 servicing and preservation of state agency records accepted into the
40 state records center, and for the security of the information contained
41 in or on them. State records stored with the state archives shall for
42 all purposes be deemed to be within the possession, custody and control
43 of the agency that transferred such records.
44 (b) To authorize the disposal or destruction of state records includ-
45 ing books, papers, maps, photographs, microphotographs or other documen-
46 tary materials made, acquired or received by any agency. At least forty
47 days prior to the proposed disposal or destruction of such records, the
48 [commissioner of education] chief executive officer of the New York
49 institute for cultural education shall deliver a list of the records to
50 be disposed of or destroyed to the attorney general, the comptroller and
51 the state agency that transferred such records. No state records listed
52 therein shall be destroyed if within thirty days after receipt of such
53 list the attorney general, comptroller, or the agency that transferred
54 such records shall notify the [commissioner of education] chief execu-
55 tive officer of the office of cultural education that in his or her
56 opinion such state records should not be destroyed.
S. 1407 41 A. 2107
1 (c) To agree to the deposit of noncurrent state records in the state
2 records center.
3 (d) To review plans submitted by state agencies for management of
4 their records and to make recommendations thereupon to the head of the
5 state agency and the director of the division of the budget.
6 (e) To inquire into the condition, character, amount and method of
7 keeping such records.
8 (f) To develop and implement a comprehensive and ongoing training
9 program in records management for all state agencies.
10 (g) To provide technical assistance in records management for state
11 agencies.
12 (h) To provide for the transfer of such records having archival value
13 from the state records center to the state archives for their permanent
14 preservation.
15 (i) To develop and implement a fee schedule, to be adopted by the
16 board of [regents] the New York institute for cultural education pursu-
17 ant to rules and regulations adopted in conformity with the state admin-
18 istrative procedure act, to support records management activities
19 subject to the following:
20 (i) the fee schedule may be changed only once in any twelve month
21 period, and
22 (ii) after the initial fee schedule is established by the board of
23 regents, proposed changes to said schedule must be included in the annu-
24 al budget request submitted to the director of the budget. Such amended
25 fee schedule shall not become effective until enactment of the budget
26 submitted annually by the governor to the legislature in accordance with
27 article seven of the constitution, and shall generate revenues consist-
28 ent with appropriations contained therefor within such budget and suffi-
29 cient to cover anticipated expenditures for the period for which such
30 fees shall be effective.
31 (j) To promulgate such other regulations as are necessary to carry out
32 the purposes of this subdivision.
33 § 13. Section 57.11 of the arts and cultural affairs law, as renum-
34 bered by chapter 737 of the laws of 1987, is amended to read as follows:
35 § 57.11. Penalty. A public officer who refuses or neglects to perform
36 any duty required of him by this article or to comply with a recommenda-
37 tion of the [commissioner of education] New York institute for cultural
38 education under the authority of this article, shall for each month of
39 such neglect or refusal, be punished by a fine of not less than twenty
40 dollars.
41 § 14. Subdivision 6 of section 57.17 of the arts and cultural affairs
42 law, as added by chapter 737 of the laws of 1987, is amended to read as
43 follows:
44 6. "Records retention and disposition schedule" means a list or other
45 instrument describing records and their retention periods which is
46 issued by the [commissioner of education] chief executive officer of the
47 New York institute for cultural education.
48 § 15. Section 57.21 of the arts and cultural affairs law, as amended
49 by chapter 203 of the laws of 1995, is amended to read as follows:
50 § 57.21. Local government records advisory council. The [commissioner
51 of education] chief executive officer of the New York institute for
52 cultural education shall appoint a local government records advisory
53 council consisting of representatives of local government associations,
54 historians, the chief administrative judge, the commissioner of the
55 department of records and information services of the city of New York
56 or its successor agency, other users of local government records, and
S. 1407 42 A. 2107
1 other citizens. The city clerk of the city of New York shall be a non-
2 voting [members] member of such advisory council. The council shall
3 advise the [commissioner of education] New York institute for cultural
4 education concerning local government records policies and procedures,
5 state services and financial support needed to assist or advise local
6 officials, and regulations pertaining to local government records, and
7 grants for local government records management improvement pursuant to
8 section 57.35 of this [chapter. The advisory council shall prepare an
9 initial report on the above matters by December first, nineteen hundred
10 eighty-seven to be provided to the commissioner of education, the gover-
11 nor, and appropriate committees of the legislature. The commissioner of
12 education shall not promulgate regulations for the administration and
13 maintenance of local government records before July first, nineteen
14 hundred eighty-eight except with prior consultation with and review by
15 the advisory council] article.
16 § 16. Section 57.23 of the arts and cultural affairs law, as amended
17 by chapter 78 of the laws of 1989, is amended to read as follows:
18 § 57.23. Oversight and advisory services. 1. It shall be the respon-
19 sibility of the [commissioner of education] chief executive officer of
20 the New York institute for cultural education to advise local govern-
21 ments on planning and administering programs for the creation, mainte-
22 nance, preservation, reproduction, retention, and disposition of their
23 records; to advise local governments on the development of micrographics
24 systems, automated data processing systems, and other systems that rely
25 on technology to create, store, manage, and reproduce information or
26 records; and to advise local governments on the preservation and use of
27 vital records and records with enduring value for historical or other
28 research purposes.
29 2. The [commissioner of education] chief executive officer of the New
30 York institute for cultural education is authorized to establish
31 requirements for the proper creation, preservation, management and
32 protection of records, and shall develop statewide plans to ensure pres-
33 ervation of adequate documentation of the functions, services, and
34 historical development of local governments.
35 3. The [commissioner of education] board of the New York institute for
36 cultural education is authorized to [promulgate regulations] prescribe
37 procedures and criteria necessary to implement the provisions of this
38 article with advice from the local government records advisory council.
39 § 17. Subdivision 2 of section 57.25 of the arts and cultural affairs
40 law, as added by chapter 737 of the laws of 1987, is amended to read as
41 follows:
42 2. No local officer shall destroy, sell or otherwise dispose of any
43 public record without the consent of the [commissioner of education]
44 chief executive officer of the New York institute for cultural
45 education. The [commissioner of education] chief executive officer of
46 the New York institute for cultural education shall, after consultation
47 with other state agencies and with local government officers, determine
48 the minimum length of time that records need to be retained. Such
49 [commissioner] chief executive officer is authorized to develop, adopt
50 [by regulation, issue] and distribute to local governments records
51 retention and disposition schedules establishing minimum legal retention
52 periods. The issuance of such schedules shall constitute formal consent
53 by the [commissioner of education] New York institute for cultural
54 education to the disposition of records that have been maintained in
55 excess of the retention periods set forth in the schedules. Such sched-
56 ules shall be reviewed and adopted by formal resolution of the governing
S. 1407 43 A. 2107
1 body of a local government prior to the disposition of any records. If
2 any law specifically provides a retention period longer than that estab-
3 lished by the records retention and disposition schedule established
4 herein the retention period established by such law shall govern.
5 § 18. Section 57.27 of the arts and cultural affairs law, as added by
6 chapter 737 of the laws of 1987, is amended to read as follows:
7 § 57.27. Records with statewide significance. The [commissioner of
8 education] board of the New York institute for cultural education is
9 authorized to designate particular local government records for perma-
10 nent retention because of their enduring statewide significance.
11 § 19. Section 57.29 of the arts and cultural affairs law, as added by
12 chapter 737 of the laws of 1987, is amended to read as follows:
13 § 57.29. Reproduction of records and disposition of the originals.
14 Any local officer may reproduce any record in his or her custody by
15 microphotography or other means that accurately and completely
16 reproduces all the information in the record. Such official may then
17 dispose of the original record even though it has not met the prescribed
18 minimum legal retention period, provided that the process for reprod-
19 uction and the provisions made for preserving and examining the copy
20 meet requirements established by the [commissioner of education] New
21 York institute for cultural education. Such copy shall be deemed to be
22 an original record for all purposes, including introduction as evidence
23 in proceedings before all courts and administrative agencies.
24 § 20. Section 57.31 of the arts and cultural affairs law, as added by
25 chapter 737 of the laws of 1987, is amended to read as follows:
26 § 57.31. Cooperative records storage and management. All local govern-
27 ment records shall be kept in secure facilities maintained by the local
28 government unless the consent of the [commissioner of education] chief
29 executive officer of the New York institute for cultural education is
30 obtained to their transfer and storage elsewhere. Any local government
31 may cooperate with another local government or governments for the
32 improved management and preservation of records, and may enter into a
33 contractual arrangement for such purposes.
34 § 21. Subdivision 2 of section 57.33 of the arts and cultural affairs
35 law, as amended by chapter 203 of the laws of 1995, is amended to read
36 as follows:
37 2. The records of any city with a population of one million or more,
38 and the records of any county contained therein, so long as the
39 destruction of the records of such city or county shall be carried out
40 in accordance with the procedure prescribed by any existing law exclu-
41 sively applicable to the destruction of the records of such city or
42 county, provided that section 57.35 of this article shall apply to
43 grants for local government records management for supreme court records
44 in the custody of the counties of New York, Kings, Queens, Richmond and
45 Bronx, and records under the jurisdiction of the department of records
46 and information services of the city of New York or its successor agen-
47 cy, and records under the jurisdiction of the city clerk of the city of
48 New York. If any such law shall be amended by local law after the first
49 day of July, nineteen hundred fifty-one, the provisions of this section
50 shall not apply to the destruction of such records if the procedures
51 therefor established by such law, as amended by local law, shall be
52 acceptable to the [commissioner of education] chief executive officer of
53 the New York institute for cultural education.
54 § 22. Section 57.35 of the arts and cultural affairs law, as added by
55 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
S. 1407 44 A. 2107
1 2-a as added by chapter 203 of the laws of 1995, is amended to read as
2 follows:
3 § 57.35. Grants for local government records management improvement.
4 1. The [commissioner of education] board of the New York institute for
5 cultural education, upon consultation with the local government records
6 advisory council, is authorized to award grants for records management
7 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
8 this [chapter] article to individual local governments, groups of coop-
9 erating local governments and local governments that have custody of
10 court records and for records management improvement for supreme court
11 records in the custody of the counties of New York, Kings, Queens, Rich-
12 mond, and Bronx and in accordance with subdivision two-a of this
13 section, records under the jurisdiction of the department of records and
14 information services of the city of New York or its successor agency and
15 the city clerk of the city of New York.
16 2. The [commissioner of education] board of the New York institute for
17 cultural education shall [promulgate rules and regulations setting] set
18 forth criteria and procedures necessary to award grants for records
19 management improvement from monies available for this purpose in the New
20 York state local government records management improvement fund, estab-
21 lished pursuant to section ninety-seven-i of the state finance law.
22 Such criteria shall include but not be limited to:
23 (a) the development by the applicant of a written plan for a records
24 management program;
25 (b) the condition of the records of the applicant;
26 (c) the geographic location of the applicant so as to provide, to the
27 extent practicable, equitable geographic distribution of the grants;
28 (d) the particular design of the applicant's records management
29 program; and
30 (e) the applicant's arrangements for cooperative activities among
31 local governments for a records management program.
32 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
33 sion two of this section, the [commissioner of education] board of the
34 New York institute for cultural education may award grants totaling in
35 the aggregate no more than one million dollars annually for records
36 management improvement to the department of records and information
37 services of the city of New York or its successor agency and the city
38 clerk of the city of New York in accordance with the provisions of this
39 subdivision.
40 (b) The department of records and information services or its succes-
41 sor agency and the city clerk of the city of New York shall submit
42 applications to the [commissioner of education] chief executive officer
43 of the New York institute for cultural education at the same time as
44 applications pursuant to subdivision two of this section are required to
45 be submitted. The applications shall set forth the records management
46 improvement projects proposed by the department of records and informa-
47 tion services or its successor agency and the city clerk of the city of
48 New York is priority order and the amount requested for each project.
49 Priority assignment of each project shall be a factor taken into consid-
50 eration in addition to those outlined in subdivision two of this section
51 when making grant awards.
52 (c) Upon receipt of grant monies, the commissioner of the department
53 of records and information services or its successor agency and the city
54 clerk of the city of New York shall direct the disbursement of grant
55 monies to each project for which a grant has been approved.
S. 1407 45 A. 2107
1 (d) The commissioner of the department of records and information
2 services or its successor agency and the city clerk of the city of New
3 York shall, in addition to monitoring the progress of and providing
4 technical assistance to projects receiving awards pursuant to this
5 subdivision, prepare and submit progress reports on such projects. Such
6 reports shall be at the level of detail and frequency comparable to
7 reports required of other local governments receiving awards pursuant to
8 this section.
9 3. All monies received [by the commissioner of education] under the
10 provisions of [the third undesignated] paragraph three of subdivision
11 (a) of section eight thousand eighteen, subparagraph b of paragraph four
12 of subdivision (a) of section eight thousand twenty-one and subparagraph
13 b of paragraph eleven of subdivision (b) of section eight thousand twen-
14 ty-one of the civil practice law and rules, and subdivision a of section
15 7-604 of the administrative code of the city of New York, for the New
16 York state local government records management improvement fund shall be
17 deposited [by the commissioner of education] to the credit of [the New
18 York state local government records management improvement] such fund
19 established pursuant to section ninety-seven-i of the state finance law
20 by the tenth day of the month following receipt of such monies.
21 4. Each year the New York state local government records advisory
22 council shall review and make recommendations on a proposed operational
23 and expenditure plan for the New York state local government records
24 management improvement fund prior to its adoption by the [commissioner
25 of education] board of the New York institute for cultural education.
26 The annual expenditure plan shall be subject to the approval of the
27 director of the division of the budget.
28 § 23. Section 57.37 of the arts and cultural affairs law, as added by
29 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
30 203 of the laws of 1995, is amended to read as follows:
31 § 57.37. Regional records offices. 1. The [commissioner of education]
32 board of the New York institute for cultural education is authorized to
33 establish in each judicial district, except New York city, a regional
34 records office. In New York city, the [commissioner of education] board
35 of the New York institute for cultural education is authorized to estab-
36 lish a single regional records office to oversee records management
37 programs for entities within the city of New York whose records are not
38 under the jurisdiction of the department of records and information
39 services or its successor agency and the city clerk of the city of New
40 York.
41 2. The regional records offices shall provide advisory and consulta-
42 tive services and technical assistance to local governments on records
43 management and the administration of archival records and address recom-
44 mendations of the New York state local government records advisory coun-
45 cil.
46 3. The [commissioner of education] New York institute for cultural
47 education is authorized to employ specialists in records management,
48 archives administration and other specialists necessary to provide advi-
49 sory, consultative and technical assistance to local governments from
50 monies available for this purpose in the New York state local government
51 records management improvement fund, established pursuant to section
52 ninety-seven-i of the state finance law.
53 § 24. Section 57.39 of the arts and cultural affairs law, as added by
54 chapter 78 of the laws of 1989, is amended to read as follows:
55 § 57.39. Reporting requirements. The [commissioner of education] board
56 of the New York institute for cultural education, with the advice of the
S. 1407 46 A. 2107
1 New York state local government records advisory council, shall report
2 annually on or before March first to the governor and the legislature on
3 the status of local government records management, including a report of
4 revenues and expenditures from the New York state local government
5 records management improvement fund for the previous calendar year and
6 appropriate recommendations.
7 § 25. The arts and cultural affairs law is amended by adding a new
8 section 57.40 to read as follows:
9 § 57.40. Historical documentary heritage grants and aid. 1. Short
10 title. This section shall be known and may be cited as the "New York
11 documentary heritage act".
12 2. Definitions. As used in this section, the following terms shall
13 mean:
14 (a) "Historical records". Records that contain significant information
15 that is of enduring value and are therefore worthy of long-term
16 retention and systematic management. Historical records may include
17 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
18 ings, blueprints, agreements, memoranda, deeds, case files, and other
19 material. They may take any of several physical forms: parchment, paper,
20 microfilm, cassette tape, film, videotape, computer tapes, discs, and
21 other "machine readable" formats.
22 (b) "Historical records program". Any deliberate, organized program to
23 collect, hold, care for, and make available historical records, includ-
24 ing identifying, appraising, arranging, describing, and referencing them
25 and using them in exhibitions and other public and educational programs.
26 (c) "Institutions eligible for historical records program grants".
27 Chartered or incorporated nonprofit archives, libraries, historical
28 societies and museums and other nonprofit institutions in New York state
29 which operate historical records programs and which meet standards to be
30 established by the board of the New York institute for cultural educa-
31 tion. Institutions operated by state or federal government agencies,
32 and local government archives shall not be eligible for historical
33 records project grants, except that an institution of the state univer-
34 sity of New York or the city university of New York may apply for
35 historical records project grants with regard to records other than
36 internal records generated by the institution after July first, nineteen
37 hundred forty-eight if it is a component of the state university of New
38 York or after July first, nineteen hundred seventy-nine if it is a
39 component of the city university of New York or after the subsequent
40 date on which the institution became a component of such university.
41 (d) "Historical records program project". A project to carry out one
42 or more of the activities described in subdivision three of this
43 section.
44 (e) "Cooperative project". A collaborative effort undertaken by two or
45 more historical records programs, to meet shared needs or to accomplish
46 a common purpose, or a project undertaken by a service provider to
47 address the historical records needs of more than one historical records
48 program.
49 (f) "Regional advisory and assistance agency". A reference and
50 research library resources system, or an alternate public or nonprofit
51 agency or organization willing to provide historical records program
52 development advice and assistance services covering a reference and
53 research library resources system region which is acceptable to the
54 board of the New York institute for cultural education.
55 (g) "Historical records program development advice and assistance".
56 Advice and assistance on the development and strengthening of historical
S. 1407 47 A. 2107
1 records programs, promotion of cooperation, coordinated documentation
2 planning, training in historical records management techniques, advice
3 and assistance in reporting of information concerning historical records
4 to statewide and national databases where appropriate, and initiatives
5 to increase public awareness of the values and uses of historical
6 records.
7 (h) "Service provider". A nonprofit professional or other association,
8 local government, college or university, historical service agency, or
9 other nonprofit institution or system which provides services to histor-
10 ical records programs.
11 (i) "Cost sharing". Local funds, local in-kind services, and other
12 funds and support from other than state sources.
13 (j) "Program year". The annual period from July first through June
14 thirtieth.
15 3. Scope of activities to be supported. The board of the institute of
16 cultural resources is authorized to provide grants and advice to insti-
17 tutions eligible for historical records programs and cooperative
18 projects, and aid to regional advisory and assistance agencies, the
19 central administration of the state university of New York and the
20 central administration of the city university of New York. Grants shall
21 be used to support the development and administration of historical
22 records programs; the surveying, appraisal, identification, collection,
23 duplication, arrangement, description, and making available of histor-
24 ical records; public and educational programming relating to historical
25 records; projects to improve archival techniques; and projects to
26 promote the research use of historical records. Aid to regional advisory
27 and assistance agencies shall be used to promote and assist the develop-
28 ment of historical records programs. Aid to the central administrations
29 of the state university of New York and the city university of New York
30 shall be used to develop guidelines, policies and procedures, training,
31 technical assistance, materials, oversight, retention and disposition
32 schedules for university records, and to promote, guide and direct the
33 component institutions of such universities in the sound administration
34 of archival records.
35 4. Distribution of funds. (a) Historical documentary heritage funds
36 shall be distributed as follows:
37 (i) Grants: (1) Individual historical records program projects are
38 eligible for at least thirty-five percent of the amount available; and
39 (2) cooperative projects shall be eligible for up to twenty percent of
40 the amount available.
41 (ii) Aid: (1) Regional advisory and assistance agencies shall be
42 eligible for forty percent of the amount available; (2) the central
43 administration of the state university of New York shall be eligible for
44 two and one-half percent of the total amount available; and (3) the
45 central administration of the city university of New York shall be
46 eligible for two and one-half percent of the total amount available.
47 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
48 paragraph (a) of this subdivision, the board of the office of cultural
49 resources, taking into account the recommendations of the New York state
50 historical records advisory board, may distribute funds designated for
51 one purpose to address the needs of another purpose, provided that such
52 board determines that the significance of the contributions to be real-
53 ized from the proposals in one category outweighs the significance of
54 the contributions to be realized from the proposals in another category.
55 5. Cost-sharing. The board of the New York institute for cultural
56 education shall determine the amount of cost-sharing required from
S. 1407 48 A. 2107
1 historical records programs, including cooperative programs. For indi-
2 vidual historical records program projects involving arrangement,
3 historical records held by a program, the amount of such cost-sharing
4 shall be at least fifty percent.
5 6. Applications for historical records program projects. (a) Filing.
6 By dates determined by the board of the New York institute for cultural
7 education each year, an eligible institution may file an application, in
8 a form prescribed by the board of the New York institute for cultural
9 education, for a grant to support the approved costs of a proposed
10 historical records project.
11 (b) Content. Such application shall include, but need not be limited
12 to:
13 (i) a statement describing the applicant's need for the funding
14 requested;
15 (ii) collection statements and policies used by the institution to
16 guide its acquisition efforts;
17 (iii) a summary description of the records included in the historical
18 records program of the institution;
19 (iv) the status of finding aids and published guides for the histor-
20 ical records held by the institution;
21 (v) the current and/or anticipated level of use and audience for the
22 historical records;
23 (vi) the importance of the historical records for documenting life in
24 New York;
25 (vii) the expected impact of the grant upon the historical records
26 program;
27 (viii) the plan of work for the activities for which the funding is
28 sought;
29 (ix) the proposed project budget, including cost-sharing which would
30 be committed to the project; and
31 (x) the staff and other resources devoted to the institution's histor-
32 ical records program on an ongoing basis.
33 (c) Approval. In approving any application pursuant to this subdivi-
34 sion, the board of the New York institute for cultural education shall
35 consider:
36 (i) information in the proposal as set forth in paragraph (b) of this
37 subdivision;
38 (ii) the capacity of the institution to make the historical records
39 known and accessible for research, education, public programs, improved
40 policy making and other public benefits;
41 (iii) the potential for improving the documentation of the heritage of
42 any racial and ethnic group; and
43 (iv) the potential for improving the documentation of under documented
44 subjects, institutions, or activities.
45 7. Application for cooperative projects. (a) Filing. By dates to be
46 established by the board of the New York institute for cultural educa-
47 tion each year, a service provider or an eligible institution acting as
48 fiscal agent on behalf of a group of eligible institutions, may file an
49 application, in a form prescribed by the board of the New York institute
50 for cultural education. A group of cooperating institutions may be
51 formed because of a common purpose, rather than because of geographical
52 proximity.
53 (b) Content. Such application shall include, but need not be limited
54 to:
55 (i) a statement describing the applicant's need for the funding
56 requested;
S. 1407 49 A. 2107
1 (ii) a description of the issue, problem, or need that the project
2 will address;
3 (iii) a description of the historical records programs to be served
4 and how the effort to be undertaken in a cooperative project relates to
5 and will strengthen these programs;
6 (iv) description of the plan of work for the project;
7 (v) outcome or product of the project and how it will improve the
8 identification and administration of historical records or contribute to
9 the strengthening of historical records programs; and
10 (vi) the proposed budget, including cost-sharing that would be
11 contributed to the project.
12 (c) Approval. In approving any application pursuant to this subdivi-
13 sion, the board of the New York institute for cultural education shall
14 consider:
15 (i) information in the proposal as set forth in paragraph (b) of this
16 subdivision;
17 (ii) the importance of the records involved for the documentation of
18 life in New York state;
19 (iii) the importance of the project and the intended outcome or prod-
20 uct in terms of strengthening the programs of the cooperating insti-
21 tutions and promoting improved historical records management;
22 (iv) the capacities of the cooperating institutions or service provid-
23 ers for carrying out the project, including prior experience with coop-
24 erative or service projects; and
25 (v) the potential for cooperating institutions to sustain an ongoing
26 productive cooperative relationship as a result of the project.
27 8. Aid for regional advisory and assistance agencies. (a) Coordi-
28 nation. The board of the New York institute for cultural education shall
29 establish statewide priorities for regional advisory and assistance
30 agencies and shall assist and coordinate their efforts.
31 (b) Historical records program advice and assistance plans. To be
32 eligible to receive aid annually, each participating regional advisory
33 and assistance agency shall submit an annual work plan acceptable to the
34 chief executive officer of the New York institute for cultural educa-
35 tion, and, after the first year of receiving aid, a report on activities
36 of the prior year and a five-year plan, by dates designated by the chief
37 executive officer of the New York institute for cultural education. The
38 five-year plan shall outline goals and objectives to be accomplished in
39 the region during the five-year period. The annual work plan shall
40 describe the activities to be carried out during the year and the
41 program advice and assistance to be provided. The five-year plans and
42 the annual work plans shall reflect regional priorities and shall be
43 consistent with statewide priorities established by the board of the New
44 York institute for cultural education.
45 (c) Aid. The board of the New York institute for cultural education
46 shall each year determine the distribution of aid among eligible
47 regional advisory and assistance agencies. In doing so, the board shall
48 take into account the level of resources needed to provide the services
49 described in paragraphs (f) and (g) of subdivision two of this section
50 in a satisfactory manner, the extent of the geographical area served by
51 each agency, and the size of the population served by each agency, and
52 shall distribute the available funds in such a manner as will best give
53 effect to this section.
54 9. Aid for state university of New York and city university of New
55 York. To be eligible to receive aid annually, the central administration
56 of the state university of New York and the central administration of
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1 the city university of New York shall each submit annual resources, and,
2 after the first year of receiving aid, a report on activities of the
3 prior year and a five-year plan.
4 § 26. Subdivisions 3 and 4 of section 97-i of the state finance law,
5 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph
6 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995 and
7 subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
8 read as follows:
9 3. The monies in such fund, when allocated, shall be available as
10 follows: (i) two million three hundred thousand dollars per year
11 adjusted annually to reflect the direct and indirect charges resulting
12 from negotiated salary increases may be used for payment of necessary
13 and reasonable expenses incurred by the [commissioner of education] the
14 New York institute for cultural education in carrying out the advisory
15 services required in subdivision one of section 57.23 of the arts and
16 cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
17 the arts and cultural affairs law; (ii) not less than five hundred thou-
18 sand dollars per year shall be made available to the Documentary Herit-
19 age program as provided in [section 140 of the education law] section
20 57.40 of the arts and cultural affairs law; (iii) not less than three
21 hundred thousand dollars per year shall be made available to the New
22 York state archives partnership trust established in chapter 758 of the
23 laws of 1992; and (iv) the remainder of the monies in the fund shall be
24 used for the award of grants to individual local governments or groups
25 of cooperating local governments as provided in section 57.35 of the
26 arts and cultural affairs law.
27 [4. Monies shall be payable from the fund on the audit and warrant of
28 the comptroller on vouchers approved by the commissioner of education or
29 by an officer or employee of the commissioner of education designated by
30 the commissioner of education.]
31 § 27. Section 19.11 of the parks, recreation and historic preservation
32 law is amended to read as follows:
33 § 19.11 Functions of [education department] the New York institute for
34 cultural education. Upon the request of the commissioner, the following
35 functions relating to identification, restoration and educational inter-
36 pretation of historic sites and places of historic interest shall be
37 performed by the [education department] New York institute for cultural
38 education:
39 1. Preparation of interpretative literature, the texts of signs and
40 markers, exhibition, and other presentations designed to utilize the
41 educational potential of historic sites.
42 2. Advising the office with respect to the custody, use, cataloguing,
43 restoration and control of original documents and objects (such as
44 furniture, paintings, equipment, records, drawings, manuscripts and
45 maps) having unique historic significance. The office may assign to the
46 [education department] New York institute for cultural education, and
47 the [education department] New York institute for cultural education may
48 accept, custody and control of any such original documents or objects.
49 3. Evaluation of the historic significance of historic sites, historic
50 site development projects and places of historic interest; and advising
51 the office with respect to the restoration, interpretation and use ther-
52 eof. The office shall request the evaluation of the [education depart-
53 ment] New York institute for cultural education before approving the
54 acquisition of an historic site or the undertaking of an historic site
55 development project.
S. 1407 51 A. 2107
1 4. Such other functions relating to the identification, restoration
2 and educational interpretation of historic sites as may be agreed upon
3 between the office and the [education department] New York institute for
4 cultural education.
5 § 28. The opening paragraph of subdivision 5 and subdivision 6 of
6 section 97-oo of the state finance law, as added by chapter 554 of the
7 laws of 1993, are amended to read as follows:
8 Moneys in the state land biodiversity stewardship account, following
9 appropriation by the legislature, shall be available to the department
10 of environmental conservation, office of parks, recreation and historic
11 preservation, and the New York state museum within the [education
12 department] New York institute for cultural education for the following
13 purposes:
14 6. No more than two-thirds of the moneys deposited in the state land
15 biodiversity stewardship account may be used for personal service costs
16 incurred by the department of environmental conservation, office of
17 parks, recreation and historic preservation, and the New York state
18 museum within the [education department] New York institute for cultural
19 education for the purposes set forth in subdivision five of this
20 section. The remaining moneys deposited in the account may be utilized
21 to support projects undertaken by contracts with non-profit conservation
22 organizations, scientific institutions, and other qualified entities for
23 the purposes set forth in subdivision five of this section.
24 § 29. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
25 as added by section 89 of part A of chapter 436 of the laws of 1997, are
26 amended to read as follows:
27 3. Notwithstanding any other law, rule or regulation to the contrary,
28 the comptroller is hereby authorized and directed to transfer to the
29 archives records management account, within forty-five days of enactment
30 of the state budget, fees for records management activities from various
31 state, local and miscellaneous agencies, and deposit in the archives
32 records management account such amounts as determined by a schedule of
33 fees developed by the [commissioner of education] New York institute for
34 cultural education and approved by the director of the budget, pursuant
35 to section 57.05 of the arts and cultural affairs law.
36 4. Moneys of this account, following appropriation by the legisla-
37 ture, shall be available to the [state education department] New York
38 institute for cultural education for services and expenses of archives
39 records management.
40 § 30. Paragraph (i) of section 1510 of the not-for-profit corporation
41 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
42 ter 565 of the laws of 1980, is amended to read as follows:
43 (i) Record of inscriptions to be filed. Whenever, under any general or
44 special law, any cemetery is abandoned or is taken for a public use, the
45 town board of the town or the governing body of the city in which such
46 cemetery is located, shall cause to be made, at the time of the removal
47 of the bodies interred therein, an exact copy of all inscriptions on
48 each headstone, monument, slab or marker erected on each lot or plot in
49 such cemetery and shall cause the same to be duly certified and shall
50 file one copy thereof in the office of the town or city clerk of the
51 town or city in which such cemetery was located and one copy in the
52 office of the state historian and chief of the division of history in
53 the [department of education] New York institute for cultural education
54 at Albany. In addition to such inscriptions, such certificate shall
55 state the name and location of the cemetery so abandoned or taken for a
S. 1407 52 A. 2107
1 public use, the cemetery in which each such body was so interred and the
2 disposition of each such headstone, monument, slab or marker.
3 § 31. Upon enactment of this act and before October 1, 2003, notwith-
4 standing any inconsistent provision of law to the contrary, all func-
5 tions, powers, duties, obligations and assets of the office of cultural
6 education located within the state education department assigned to the
7 New York institute for cultural education by this act shall be trans-
8 ferred to such institute.
9 § 32. Transfer of authority, administration and appropriations.
10 1. Notwithstanding any provision of law to the contrary, on and after
11 October 1, 2003, all obligations of the commissioner of education and
12 the state education department with respect to the former sections of
13 the education law pertaining to the cultural education program, museum
14 and libraries, shall become obligations of the New York institute for
15 cultural education and such institute shall be responsible for the
16 administration of the programs of cultural education formerly located
17 within the education department. The commissioner of education shall
18 provide for the orderly transfer of all matters, records and things
19 relating to the office of cultural education and all cultural education
20 programs, including but not limited to the state museum, state library,
21 state archives and educational television and radio, and activities
22 under this article to the chief executive officer of the New York insti-
23 tute for cultural education. Such transfer may be subject to a memoran-
24 dum of understanding between the commissioner of education and the chief
25 executive officer of the New York institute for cultural education
26 subject to the approval of the director of the budget. The education
27 commissioner and the board of regents are authorized and directed to
28 continue their respective roles, responsibilities and functions until
29 the board of cultural resources has been duly constituted pursuant to
30 this act and an orderly transition has been completed.
31 2. Notwithstanding the provisions of any law to the contrary, the
32 director of the budget is authorized to transfer to the New York insti-
33 tute for cultural education funds otherwise appropriated or reappropri-
34 ated for the purposes of this act and any other cultural resources
35 programs and activities, including, but not limited to, museums,
36 libraries, archives and educational television.
37 § 33. Transfer provisions. 1. Notwithstanding any other law, rule or
38 regulation to the contrary, any federal funds applicable to expenditures
39 made as a result of appropriations to the office of cultural education
40 or its programs may be available to the New York institute for cultural
41 education subject to the approval of the director of the budget.
42 2. All books, papers and property of the former office of cultural
43 education with respect to the functions, powers and duties transferred
44 by this act are to be delivered to the New York institute for cultural
45 education at such place and time, and in such manner as the chief execu-
46 tive officer of the New York institute for cultural education requires.
47 3. All rules, regulations, acts, determinations and decisions of the
48 board of regents, the commissioner of education and the education
49 department with respect to the administration of this article in force
50 on the effective date of this section shall continue in force and effect
51 as rules, regulations, acts, determinations and decisions of the board
52 of the New York institute for cultural education until duly modified or
53 repealed by such board.
54 4. Any business or other matter undertaken or commenced by the former
55 office of cultural education or connected with the functions, powers,
56 duties and obligations hereby transferred and assigned to the New York
S. 1407 53 A. 2107
1 institute for cultural education and pending on the effective date of
2 this act shall be conducted and completed by the New York institute for
3 cultural education in the same manner and under the same terms and
4 conditions and with the same effect as if conducted and completed by the
5 former office of cultural education.
6 § 34. Terms occurring in laws, contracts and other documents. Whenever
7 the former office of cultural education or its programs are referred to
8 or designated in any law, contract or document pertaining to the func-
9 tions, powers, obligations and duties hereby transferred and assigned,
10 such reference or designation shall be deemed to refer to the New York
11 institute for cultural education or programs of or chief executive offi-
12 cer thereof.
13 § 35. Existing rights and remedies preserved. No existing right or
14 remedy of any character shall be lost, impaired or affected by reason of
15 section thirty-one of this act.
16 § 36. Severability clause. If any clause, sentence, paragraph, subdi-
17 vision, section or part contained in any part of this act shall be
18 adjudged by any court of competent jurisdiction to be invalid, such
19 judgment shall not affect, impair, or invalidate the remainder thereof,
20 but shall be confined in its operation to the clause, sentence, para-
21 graph, subdivision, section or part contained in any part thereof
22 directly involved in the controversy in which such judgment shall have
23 been rendered. It is hereby declared to be the intent of the legislature
24 that this act would have been enacted even if such invalid provisions
25 had not been included herein.
26 § 37. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2003.
REPEAL NOTES.--
1. Section 140 of the education law, proposed to be repealed by this
act, established documentary heritage grants and aid.
2. Sections 232, 233, 233-a, 234 and 235 of the education law,
proposed to be repealed by this act, established the state library and
state museum within the education department and provided for the admin-
istration of the state museum.
3. Subdivisions 4 and 5 of section 236 of the education law, proposed
to be repealed by this act, established grants for public television and
radio.
4. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the education
law, proposed to be repealed by this act, established the powers and
duties of the state library.
5. Sections 271, 272, 273 and 273-a of the education law, proposed to
be repealed by this act, established state aid for library systems and
libraries.
6. Sections 284 and 285 of the education law, proposed to be repealed
by this act, established state aid for school library systems and state
aid for cooperation with correctional facilities.
28 PART D
29 Section 1. Subdivision 11 of section 407-a of the education law, as
30 added by chapter 737 of the laws of 1988, is amended to read as follows:
31 11. Any contract undertaken or financed by the dormitory authority for
32 any construction, reconstruction, rehabilitation or improvement for any
33 special act school district shall comply with the provisions of
34 [sections one hundred one and] section one hundred three of the general
35 municipal law.
S. 1407 54 A. 2107
1 § 2. Subdivisions 1 and 2 of section 458 of the education law are
2 REPEALED.
3 § 2-a. Subdivision 3 of section 458 of the education law, as amended
4 by chapter 888 of the laws of 1970, paragraph (a) as amended by chapter
5 900 of the laws of 1973, is amended to read as follows:
6 [3. a.] 1. In addition to other bond or bonds, if any, required by law
7 for the completion of the school portion of a combined occupancy struc-
8 ture, or in the absence of any such requirement, the fund shall never-
9 theless require, prior to the approval of any lease or other agreement
10 providing for the construction, reconstruction, rehabilitation or
11 improvement of any combined occupancy structure, that the developer, if
12 other than the New York city housing authority, or general contractor,
13 furnish a bond guaranteeing prompt payment of moneys due to all persons
14 furnishing labor or materials to or for the person furnishing said bond
15 or to his subcontractors in the prosecution of the entire work provided
16 for in such lease or other agreement. Whenever the developer is the New
17 York city housing authority, it shall require each of its contractors to
18 furnish such bonds to said authority and fund with respect to the work
19 to be performed and materials supplied by such contractor, and no sepa-
20 rate or other payment bond shall be required to be furnished to the
21 fund. In those instances where the developer or general contractor is an
22 agency of the state or a public-benefit corporation created by an act of
23 the state legislature and in instances where said developer or general
24 contractor or the guarantor of payment of the construction costs of the
25 non-school portion of the combined "occupancy structure" is a public
26 utility corporation or a bank, trust company or savings bank as defined
27 in section two of the banking law, or a national bank having its office
28 and principal place of business in this state, or a subsidiary of such a
29 bank or trust company of which at least eighty (80%) percent of whose
30 stock is owned by it, the said developer or general contractor shall
31 only be required to furnish said payment bond with respect to the school
32 portion of the combined occupancy structure. In such instances, the said
33 payment bond shall not be required by the fund with respect to the non-
34 school portion of the combined occupancy structure, but, in lieu there-
35 of, such fund shall require said agency, public benefit corporation,
36 public utility corporation or banking institution, as the case may be to
37 guarantee payment of all construction costs with respect to the non-
38 school portion of the combined occupancy structure.
39 [b.] 2. A copy of such payment bond shall be kept in the office of the
40 chairman of the fund and a copy shall also be kept in the office of the
41 board of education; such copies shall be open to public inspection.
42 [c.] 3. Every person who has furnished labor or material, to or for
43 the developer or contractor furnishing such payment bond or to his
44 subcontractors in the prosecution of the work provided for in the lease
45 or other agreement for which said bond is furnished and who has not been
46 paid in full therefor before the expiration of a period of ninety days
47 after the day on which the last of the labor was performed or material
48 was furnished by him for which the claim is made, shall have the right
49 to sue on such payment bond in his own name for the amount, or the
50 balance thereof, unpaid at the time of commencement of the action;
51 provided, however, that a person having a direct contractual relation-
52 ship with a subcontractor of the developer or contractor furnishing the
53 payment bond but no contractual relationship express or implied with
54 such developer or contractor shall not have a right of action upon the
55 bond unless he shall have given written notice to such developer or
56 contractor furnishing the bond within ninety days from the date on which
S. 1407 55 A. 2107
1 the last of the labor was performed or the last of the material was
2 furnished, for which his claim is made, stating with substantial accura-
3 cy the amount claimed and the name of the party to whom the material was
4 furnished or for whom the labor was performed. The notice shall be
5 served by delivering the same personally to the developer or contractor
6 furnishing said bond or by mailing the same by registered mail, postage
7 prepaid, in an envelope addressed to such developer or contractor at any
8 place where he maintains an office or conducts his business or at his
9 residence.
10 § 3. Subdivisions 1 and 2 of section 482 of the education law are
11 REPEALED.
12 § 3-a. Subdivision 3 of section 482 of the education law, as added by
13 chapter 931 of the laws of 1971, is amended to read as follows:
14 [3. a.] 1. In addition to other bond or bonds, if any, required by law
15 for the completion of the school portion of a combined occupancy struc-
16 ture, or in the absence of any such requirement, the fund shall never-
17 theless require, prior to the approval of any lease or other agreement
18 providing for the construction, reconstruction, rehabilitation or
19 improvement of any combined occupancy structure, that the developer, if
20 other than the Yonkers city housing authority, or general contractor,
21 furnish a bond guaranteeing prompt payment of moneys due to all persons
22 furnishing labor or materials to or for the person furnishing said bond
23 or to his subcontractors in the prosecution of the entire work provided
24 for in such lease or other agreement. Whenever the developer is the
25 Yonkers city housing authority, it shall require each of its contractors
26 to furnish such bond to said authority and fund with respect to the work
27 to be performed and materials supplied by such contractor, and no sepa-
28 rate or other payment bond shall be required to be furnished to the
29 fund.
30 [b.] 2. A copy of such payment bond shall be kept in the office of the
31 chairman of the fund and a copy shall also be kept in the office of the
32 board of education; such copies shall be open to public inspection.
33 [c.] 3. Every person who has furnished labor or material, to or for
34 the developer or general contractor or contractor furnishing such
35 payment bond or to his subcontractors in the prosecution of the work
36 provided for in the lease or other agreement for which the bond is
37 furnished and who has not been paid in full therefor before the expira-
38 tion of a period of ninety days after the day on which the last of the
39 labor was performed or material was furnished by him for which the claim
40 is made, shall have the right to sue on such payment bond in his own
41 name for the amount, or the balance thereof, unpaid at the time of
42 commencement of the action; provided, however, that a person having a
43 direct contractual relationship with a subcontractor of the developer or
44 contractor furnishing the payment bond but no contractual relationship
45 express or implied with such developer or contractor shall not have a
46 right of action upon the bond unless he shall have given written notice
47 to such developer or contractor furnishing the bond within ninety days
48 from the date on which the last of the labor was performed or the last
49 of the material was furnished, for which his claim is made, stating with
50 substantial accuracy the amount claimed and the name of the party to
51 whom the material was furnished or for whom the labor was performed. The
52 notice shall be served by delivering the same personally to the develop-
53 er or contractor furnishing said bond or by mailing the same by regis-
54 tered mail, postage prepaid, in an envelope addressed to such developer
55 or contractor at any place where he maintains an office or conducts his
56 business or at his residence.
S. 1407 56 A. 2107
1 § 4. Paragraphs b and c of subdivision 2-a of section 1950 of the
2 education law, as amended by chapter 474 of the laws of 1996, are
3 amended to read as follows:
4 b. Not later than the first day of February of each year the president
5 of the board of cooperative educational services shall designate a
6 single date on or after the sixteenth day and on or before the thirtieth
7 day of April on which each component board, other than the board of
8 education of a central high school district, shall conduct a public
9 meeting which may be a regular or special meeting, for the purpose of
10 electing members of the board of cooperative educational services and
11 adopting a public resolution concerning the approval or disapproval of
12 the tentative administrative budget. In the case of a central high
13 school district, such public meeting shall be held on the regular busi-
14 ness day next following the date designated by the president of the
15 board of cooperative educational services. Nomination of a person to be
16 elected to a board of cooperative educational services shall be made by
17 at least one component district by board resolution. Such resolution
18 shall be transmitted in writing to the clerk of the board of cooperative
19 educational services at least thirty days prior to the date of the
20 election as designated by the president of the board of cooperative
21 educational services. No nomination of a person to be elected to a board
22 of cooperative educational services from a component district which
23 currently has a resident serving on such board shall be accepted unless
24 such member's office is to expire at the end of the current year, unless
25 the size of such board exceeds the number of component school districts
26 or unless an unrepresented district declines to make a nomination. For
27 purposes of this subdivision, any such person or board member nominated
28 by a [special act school district, a] central high school district or
29 any district which is a component of a central high school district
30 shall be deemed a resident of the district that nominated him or her
31 only. Furthermore, it shall be the duty of the board of cooperative
32 educational services to encourage the nomination of persons residing in
33 component districts not currently represented on such board. The clerk
34 shall include the name and address of each person nominated on the
35 election ballot to be distributed in accordance with paragraph c of this
36 subdivision.
37 c. Members of the boards of cooperative educational services shall be
38 elected by resolution of the component boards on a ballot prepared by
39 the clerk of the board of cooperative educational services. Such ballot
40 shall be mailed to each component district no later than fourteen days
41 prior to the date designated as the day of the election by the president
42 of the board of cooperative educational services. Each component
43 district shall be entitled to one vote for each vacant office to be
44 filled. A component board may not cast more than one vote for any candi-
45 date. The candidates receiving a plurality of the votes cast for the
46 several offices shall be elected, provided, however, that no more than
47 one person residing in a particular component district may be elected to
48 serve as a member of a board of cooperative educational services at one
49 time unless the number of seats on such board exceeds the number of
50 component districts or unless an unrepresented district declines to make
51 a nomination, provided further that a person nominated by a [special act
52 school district, a] central high school district or a component of a
53 central high school district shall be deemed a resident of the nominat-
54 ing district only for this purpose. Where more than one position is to
55 be filled by such election and there is a variance in the length of the
56 terms for which such offices are to be filled as authorized by this
S. 1407 57 A. 2107
1 subdivision, or one or more persons are to be elected for a full term or
2 terms and one or more persons are to be elected for the unexpired
3 portion of a term or terms, or both, the candidate receiving the great-
4 est number of votes shall be entitled to the longest term and candidates
5 receiving the next highest number of votes, to the several offices in
6 decreasing order of the length of such terms or unexpired portions of
7 such terms. Each component school district shall mail or deliver its
8 completed ballot to the clerk of the board of cooperative educational
9 services no later than one business day after the election.
10 § 5. Subdivision 2-a of section 1950 of the education law is amended
11 by adding a new paragraph g to read as follows:
12 g. Notwithstanding any other provision of law to the contrary, any
13 member of a board of cooperative educational services in the two thou-
14 sand two--two thousand three school year who was nominated exclusively
15 by a special act school district shall vacate his or her office as of
16 the date designated as the day of the annual board election of the board
17 of cooperative educational services in April, two thousand three. Such
18 vacancy shall be filled by election at such annual board election in
19 accordance with the provisions of this subdivision, provided that a
20 special act school district shall not be eligible to nominate candidates
21 or cast votes at such election or to vote on the administrative budget
22 of the board of cooperative educational services or to otherwise take
23 any action as a component school district at such election or budget
24 vote in April, two thousand three.
25 § 6. Intentionally Omitted.
26 § 7. Intentionally Omitted.
27 § 8. Clause (ii) of subparagraph 7 of paragraph b of subdivision 4 of
28 section 1950 of the education law, as amended by chapter 474 of the laws
29 of 1996, is amended to read as follows:
30 (ii) If the board of cooperative educational services chooses to
31 apportion administrative costs and capital expenses according to full or
32 true valuation, [special school districts authorized to receive state
33 aid in accordance with chapter five hundred sixty-six of the laws of
34 nineteen hundred sixty-seven, as amended, shall have their full value
35 for purposes of this section computed by multiplying the resident
36 weighted average daily attendance by the state average full valuation
37 per pupil as established by the commissioner for the year in which the
38 budget is adopted. The] the school authorities of each component school
39 district shall add [such] the amount so apportioned to the budget of
40 such component districts and shall pay such amount to the treasurer of
41 the board of cooperative educational services and shall be paid out by
42 the treasurer upon the orders of the board of cooperative educational
43 services issued and executed in pursuance of a resolution of said board.
44 § 9. Paragraph m of subdivision 4 of section 1950 of the education
45 law, as amended by chapter 583 of the laws of 1955 and as renumbered by
46 chapter 378 of the laws of 1972, is amended to read as follows:
47 m. At the request of officials of school districts, created by legis-
48 lative act, within the territory of a board of cooperative educational
49 services, provide services as outlined in paragraph d of this subdivi-
50 sion. For such districts, there shall be apportioned from state funds to
51 the board of cooperative educational services a sum equal to one-half
52 the total cost of the approved services provided to such school
53 district. Notwithstanding any other provision of law to the contrary,
54 in the two thousand three--two thousand four school year and thereafter,
55 a special act school district shall not be deemed a component school
S. 1407 58 A. 2107
1 district of a board of cooperative educational services for any purpose
2 under this section or any other provision of this chapter.
3 § 10. Subparagraph 2 of paragraph d of subdivision 4 of section 1950
4 of the education law, as added by chapter 474 of the laws of 1996, is
5 amended to read as follows:
6 (2) Certain services prohibited. (i) Commencing with the nineteen
7 hundred ninety-seven--ninety-eight school year, the commissioner shall
8 not be authorized to approve as an aidable shared service pursuant to
9 this subdivision any cooperative maintenance services or municipal
10 services, including but not limited to, lawn mowing services and heat-
11 ing, ventilation or air conditioning repair or maintenance or trash
12 collection, or any other municipal services as defined by the commis-
13 sioner. On and after the effective date of this [paragraph]
14 subparagraph, the commissioner shall not approve, as an aidable shared
15 service, any new cooperative maintenance or municipal services for the
16 nineteen hundred ninety-six--ninety-seven school year, provided that the
17 commissioner may approve the continuation of such services for one year
18 if provided in the nineteen hundred ninety-five--ninety-six school year.
19 (ii) Notwithstanding any other provision of law to the contrary, on
20 and after the effective date of this clause, the commissioner shall not
21 approve, as an aidable shared service pursuant to this section, the
22 non-instructional and instructional support services specified in clause
23 (iii) of this subparagraph, and, notwithstanding any other provision of
24 law to the contrary, the expenses incurred for such specified shared
25 services in the two thousand three--two thousand four school year and
26 thereafter shall not be eligible for aid pursuant to subdivision five of
27 this section or as authorized by subdivision eight-c of this section.
28 (iii) The following services or activities shall not be aidable shared
29 services, but may be approved by the commissioner as nonaidable shared
30 services:
31 (A) Collective negotiations;
32 (B) Personnel services--recruiting;
33 (C) Employee Assistance Programs;
34 (D) Business office services, including competitive bidding coordi-
35 nation, microfilming, textbook coordination, business manager, business
36 office support, Medicaid reimbursement, computer service management,
37 telecommunications and employee benefit coordination;
38 (E) Planning services, management;
39 (F) Public information coordinator or service (public relations);
40 (G) School food services and food management;
41 (H) Extracurricular activities coordination, inter-scholastic sports
42 coordination, K-12 subject area coordination; reading development coor-
43 dination, health and drug education coordination, pupil services coordi-
44 nation, substitute teacher coordination and primary mental health
45 services coordination;
46 (I) Instructional graphics, equipment repair, printing, non-print
47 duplication, educational television, test scoring, guidance information
48 service, comprehensive instructional management, and model schools; and
49 (J) Curriculum development, school curriculum improvement, and
50 instructional planning.
51 § 11. Subdivision 5 of section 1950 of the education law, as amended
52 by chapter 53 of the laws of 1981, paragraph a as amended by chapter 474
53 of the laws of 1996 and paragraph b as amended by chapter 53 of the laws
54 of 1990, is amended to read as follows:
55 5. a. Upon application by a board of cooperative educational services,
56 there shall be apportioned and paid from state funds to each board of
S. 1407 59 A. 2107
1 cooperative educational services in the two thousand four--two thousand
2 five school year an amount which shall be the product of the approved
3 cost of services actually incurred during the base year multiplied by
4 the sharing ratio for cooperative educational services aid which shall
5 equal the greater of: (i) an amount equal to one minus the quotient
6 expressed as a decimal to three places without rounding of eight mills
7 divided by the tax rate of the local district computed upon the actual
8 valuation of taxable property, as determined pursuant to subdivision one
9 of section thirty-six hundred two of this chapter and notwithstanding
10 section three thousand six hundred three, expressed in mills to the
11 nearest tenth as determined by the commissioner, provided, however, that
12 where services are provided to a school district which is included with-
13 in a central high school district or to a central high school district,
14 such amount shall equal one minus the quotient expressed as a decimal to
15 three places without rounding of three mills divided by the tax rates,
16 expressed in mills to the nearest tenth, of such districts, as deter-
17 mined by the commissioner or (ii) the aid ratio of each school district
18 for the current year, which shall be such component school district's
19 board of cooperative educational services aid ratio and which shall be
20 not less than thirty-six percent converted to decimals and shall be not
21 more than ninety percent converted to decimals. For the purposes of this
22 paragraph, the tax rate for the central high school district shall be
23 the amount of tax raised by the common and union free school districts
24 included within the central high school district for the support of the
25 central high school district divided by the actual valuation of the
26 central high school district. The tax rate for each common or union free
27 school district shall be the amount raised for the support of such
28 common or union free school district, exclusive of the amount raised for
29 the central high school district, divided by such actual valuation of
30 such common or union free school district.
31 b. [The] For aid payable in the two thousand four--two thousand five
32 school year, the cost of services herein referred to shall be the amount
33 allocated to each component school district by the board of cooperative
34 educational services to defray expenses of such board, except that that
35 part of the salary paid any teacher, supervisor or other employee of the
36 board of cooperative educational services which is in excess of thirty
37 thousand dollars shall not be such an approved expense, and except also
38 that administrative and clerical expenses shall not exceed ten percent
39 of the total expenses for purposes of this computation. Any gifts,
40 donations or interest earned by the board of cooperative educational
41 services or on behalf of the board of cooperative educational services
42 by the dormitory authority or any other source shall not be deducted in
43 determining the cost of services allocated to each component school
44 district. The expense of transportation provided by the board of cooper-
45 ative educational services pursuant to paragraph q of subdivision four
46 of this section shall be eligible for aid apportioned pursuant to subdi-
47 vision seven of section thirty-six hundred two of this chapter and no
48 board of cooperative educational services transportation expense shall
49 be an approved cost of services for the computation of aid under this
50 subdivision. Transportation expense pursuant to paragraph q of subdivi-
51 sion four of this section shall be included in the computation of the
52 ten percent limitation on administrative and clerical expenses.
53 c. The "tax rate" as herein referred to shall not include a special
54 tax levied for debt service in an existing district of a central school
55 district or a consolidated district.
S. 1407 60 A. 2107
1 d. Nothing in this [act] section shall prevent school districts or
2 boards of cooperative educational services with the approval of the
3 commissioner of education from providing cooperative educational
4 services for which no application for state aid is to be made.
5 e. Any aid apportioned in accordance with section two hundred thirteen
6 of [the education law] this chapter to a board of cooperative educa-
7 tional services in connection with the production of educational tele-
8 vision materials and programs, or the acquisition by purchase, lease or
9 otherwise of television facilities or operational expenses in connection
10 therewith shall not be utilized in connection with computing the appor-
11 tionment to such board of cooperative educational services. Any aid
12 apportioned or paid by the state to a board of cooperative educational
13 services for experimental or special programs shall not be utilized in
14 connection with computing the apportionment to such board of cooperative
15 educational services.
16 [f. The sum of the amounts determined for each component school
17 district as the apportionment to the board of cooperative educational
18 services pursuant to the provisions of this section shall not be less
19 than the amount which would have been apportioned during the nineteen
20 hundred sixty-seven--sixty-eight school year under the provisions of
21 this subdivision as in effect on December thirty-first, nineteen hundred
22 sixty-six to the board of cooperative educational services of which the
23 district was a component member for which such apportionment was made,
24 except that such minimum apportionment shall be reduced in any year in
25 which the expenditures of the component district for board of cooper-
26 ative educational purposes fall below the expenditure on which the nine-
27 teen hundred sixty-seven--sixty-eight apportionment to the board of
28 cooperative educational services was based, such reduction to be made on
29 a proportionate basis.]
30 g. [Any] For aid payable in the two thousand four--two thousand five
31 school year, any payment required by a board of cooperative educational
32 services to the dormitory authority or any payment required by a board
33 of cooperative educational services to acquire or construct a school
34 facility of the board of cooperative educational services, and any
35 payments for rental of facilities by a board of cooperative educational
36 services shall, for the purposes of apportionment of public moneys to
37 the board of cooperative educational services by the state of New York,
38 be deemed to be an administrative expense but the entire amount of such
39 payment shall be utilized in making such apportionment and the limita-
40 tion of ten percent of the total expenses contained in this subdivision
41 shall not be applicable. Any such payment shall not be considered part
42 of the total expenses of the board for purposes of determining the
43 administrative and clerical expenses not to exceed ten percent otherwise
44 eligible for aid under this subdivision, and such payments shall be
45 considered for the purpose of apportionment during the current school
46 year such payment is made. The apportionment for such payments for the
47 two thousand four--two thousand five school year shall be determined by
48 multiplying the amount of such payment allocated to each component
49 school district in the board of cooperative educational services by the
50 aid ratio, and shall be not more than ninety percent converted to deci-
51 mals, of each such component computed pursuant to subdivision three of
52 section thirty-six hundred two of this chapter and used to apportion aid
53 to that district in that current school year; provided, however, the
54 apportionment shall be based upon the cost of the board of cooperative
55 educational services school facilities but not to exceed the cost allow-
56 ance set forth in subdivision six of section thirty-six hundred two of
S. 1407 61 A. 2107
1 [the education law] this chapter and payments for rental facilities
2 shall be subject to the approval of the commissioner.
3 h. For aid payable in the two thousand five--two thousand six school
4 year and thereafter, any payment required by a board of cooperative
5 educational services to the dormitory authority on a project approved by
6 the commissioner on or before February first, two thousand three or any
7 payment required by a board of cooperative educational services to
8 acquire or construct a school facility of the board of cooperative
9 educational services on a project approved by the commissioner on or
10 before February first, two thousand three, and any payments for rental
11 of facilities by a board of cooperative educational services under a
12 lease approved by the commissioner on or before February first, two
13 thousand three shall, for the purposes of this section, and section
14 nineteen hundred fifty-one of this article, be deemed to be a capital
15 expense and shall be allocated in the same manner as an administrative
16 expense and such payments shall be considered for the purpose of appor-
17 tionment during the current school year such payment is made. The appor-
18 tionment for such payments shall be determined by multiplying the amount
19 of such payment allocated to each component school district in the board
20 of cooperative educational services by the aid ratio, and shall be not
21 more than ninety percent converted to decimals, of each such component
22 computed pursuant to subdivision three of section thirty-six hundred two
23 of this chapter and used to apportion aid to that district in that
24 current school year; provided, however, the apportionment shall be based
25 upon the cost of the board of cooperative educational services school
26 facilities but not to exceed the cost allowance set forth in subdivision
27 six of section thirty-six hundred two of this chapter and payments for
28 rental facilities shall be subject to the approval of the commissioner.
29 i. Each board of cooperative educational services shall determine the
30 amount of its program expenses for career education in the two thousand
31 three--two thousand four school year that was attributable to each
32 component school district and the amount of state aid payable on behalf
33 of each such district pursuant to this subdivision in the two thousand
34 four--two thousand five school year that was attributable to cooperative
35 services agreements (CO-SERs) for career education, as determined by the
36 commissioner. Each board of cooperative educational services shall
37 report such amounts to its component school districts and to the commis-
38 sioner within thirty days of its receipt of notice from the commissioner
39 of the total amount of such state aid payable to the board of cooper-
40 ative educational services in the two thousand four--two thousand five
41 school year. Notwithstanding any other provision of law to the contra-
42 ry, each component school district shall be required to set aside from
43 its state operating aid or other unrestricted state aid an amount equal
44 to the state aid for career education for the two thousand four--two
45 thousand five school year that was attributed to such district pursuant
46 to this paragraph and shall be required to use such amount to support
47 career education programs in the current school year, commencing with
48 the two thousand five--two thousand six school year.
49 § 12. Subdivision 11 of section 1950 of the education law, as added by
50 chapter 218 of the laws of 1972, is amended to read as follows:
51 11. With the approval of the commissioner, one or more boards of coop-
52 erative educational services and one or more school districts may enter
53 into an agreement or agreements to provide for sharing costs of
54 construction of or leases for facilities acquired for the purpose of
55 housing services to be provided by a board or boards of cooperative
56 educational services for provision of which services such facilities are
S. 1407 62 A. 2107
1 constructed or leased, provided, however that any such agreement that is
2 entered into, renewed or extended on or after February first, two thou-
3 sand three shall not be eligible for aid pursuant to this section. No
4 such agreement may be for a longer term than is required to retire any
5 obligations issued by one or more of the parties to such agreement for
6 the purpose of acquiring such facilities, or to pay the dormitory
7 authority in full for the acquisition of such facilities.
8 § 13. Paragraph f of subdivision 13 of section 1950 of the education
9 law, as added by chapter 33 of the laws of 1976, is amended to read as
10 follows:
11 f. State aid on account of the acquisition of such facilities shall be
12 paid to each component school district based upon its respective debt
13 service or share thereof paid pursuant to the agreement herein provided
14 for, and upon its respective aid ratio, to the extent provided by subdi-
15 vision five of this section.
16 § 14. Paragraph f of subdivision 14 of section 1950 of the education
17 law, as added by chapter 728 of the laws of 1976, is amended to read as
18 follows:
19 f. State aid on account of the acquisition or construction of such
20 facilities shall be paid to each component school district based upon
21 its respective debt service or share thereof paid pursuant to the agree-
22 ment herein provided for, and upon its respective aid ratio, to the
23 extent provided by subdivision five of this section. Any such computa-
24 tion of state aid shall further be based upon the cost of such acquisi-
25 tion, or construction, and including incidental costs, to the board of
26 cooperative educational services but not to exceed the cost allowance
27 set forth in subdivision six of section thirty-six hundred two of this
28 chapter.
29 § 15. Subparagraph (v) of paragraph j of subdivision 1 of section 3602
30 of the education law, as amended by section 11-a of part C of chapter 58
31 of the laws of 1998, is amended and a new subparagraph (vi) is added to
32 read as follows:
33 (v) for aid payable in the nineteen hundred ninety-eight--ninety-nine
34 school year [and thereafter] through the two thousand four--two thousand
35 five school year, such term shall mean the net total amount a district
36 was eligible to receive during the base year under the provisions of
37 clause (i) of paragraph a of subdivision twelve, and subdivisions
38 fifteen, and sixteen of this section and the adjustment in aid due to
39 the selection made pursuant to subdivision eighteen of this section,
40 except that the comprehensive operating aids base for aid payable in the
41 nineteen hundred ninety-eight--ninety-nine school year and thereafter,
42 and for aid calculations for subsequent school years based on aid paya-
43 ble in such school years, shall be deemed final and not subject to
44 change on or after July first of the school year following the last
45 school year in which the commissioner may last accept and certify for
46 payment any additional claim for such school year pursuant to paragraph
47 a of subdivision five of section thirty-six hundred four of this arti-
48 cle.
49 (vi) for aid payable in the two thousand five--two thousand six school
50 year, such term shall mean the net total amount a district was eligible
51 to receive during the base year under the provisions of clause (i) of
52 paragraph a of subdivision twelve, and subdivisions fifteen, and sixteen
53 of this section and paragraphs a through e of subdivision five of
54 section nineteen hundred fifty of this chapter, and the adjustment in
55 aid due to the selection made pursuant to subdivision eighteen of this
56 section, except that the comprehensive operating aids base for aid paya-
S. 1407 63 A. 2107
1 ble in such school year and thereafter, and for aid calculations for
2 subsequent school years based on aid payable in such school years, shall
3 be deemed final and not subject to change on or after July first of the
4 school year following the last school year in which the commissioner may
5 last accept and certify for payment any additional claim for such school
6 year pursuant to paragraph a of subdivision five of section thirty-six
7 hundred four of this article.
8 § 16. Subdivision 1 of section 3602 of the education law is amended by
9 adding two new paragraphs bb and cc to read as follows:
10 bb. Beginning with the two thousand three--two thousand four school
11 year and thereafter, "extraordinary needs index" shall mean the number
12 computed to three decimals without rounding obtained when the extraor-
13 dinary needs pupil count divided by the base year public school enroll-
14 ment of such district is divided by the statewide extraordinary needs
15 pupil count divided by the statewide base year public school enrollment.
16 Such statewide average extraordinary needs percentage shall be estab-
17 lished each year by the commissioner.
18 cc. Beginning with the two thousand three--two thousand four school
19 year and thereafter, "needs-resource index" shall mean the number
20 computed to three decimals without rounding obtained when the extraor-
21 dinary needs index is divided by the combined wealth ratio of such
22 district.
23 § 17. The opening paragraph of subdivision 6 of section 3602 of the
24 education law, as amended by section 10 of part H of chapter 83 of the
25 laws of 2002, is amended to read as follows:
26 Any apportionment to a school district pursuant to this subdivision
27 shall be based upon base year approved expenditures for capital outlays
28 incurred prior to July first, two thousand one from its general fund,
29 capital fund or reserved funds and current year approved expenditures
30 for debt service, including debt service for refunding bond issues
31 eligible for an apportionment pursuant to paragraph g of this subdivi-
32 sion and lease or other annual payments to the New York city educational
33 construction fund created by article ten of this chapter or the city of
34 Yonkers educational construction fund created by article ten-B of this
35 chapter which have been pledged to secure the payment of bonds, notes or
36 other obligations issued by the fund to finance the construction, acqui-
37 sition, reconstruction, rehabilitation or improvement of the school
38 portion of combined occupancy structures, or for lease or other annual
39 payments to the New York state urban development corporation created by
40 chapter one hundred seventy-four of the laws of nineteen hundred sixty-
41 eight, pursuant to agreement between such school district and such
42 corporation relating to the construction, acquisition, reconstruction,
43 rehabilitation or improvement of any school building, or for annual
44 payments to the dormitory authority pursuant to any lease, sublease or
45 other agreement relating to the financing, refinancing, acquisition,
46 design, construction, reconstruction, rehabilitation, improvement,
47 furnishing and equipping of, or otherwise provide for school district
48 capital facilities or school district capital equipment made under the
49 provisions of section sixteen hundred eighty of the public authorities
50 law, or for lease, lease-purchase or other annual payments to another
51 school district or person, partnership or corporation pursuant to an
52 agreement made under the provisions of section four hundred three-b,
53 subdivision eight of section twenty-five hundred three, or subdivision
54 six of section twenty-five hundred fifty-four of this chapter, provided
55 that the apportionment for such lease or other annual payments under the
56 provisions of section four hundred three-b, subdivision eight of section
S. 1407 64 A. 2107
1 twenty-five hundred three, or subdivision six of section twenty-five
2 hundred fifty-four of this chapter, other than payments under a lease-
3 purchase agreement or an equivalent agreement, shall be based upon
4 approved expenditures in the [base] current year. Approved expenditures
5 for capital outlays from a school district's general fund, capital fund
6 or reserved funds that are incurred on or after July first, two thousand
7 two, and are not aidable pursuant to subdivision six-f of this section,
8 shall be aidable as debt service under an assumed amortization estab-
9 lished pursuant to paragraphs e and j of this subdivision. In any such
10 case approved expenditures shall be only for new construction, recon-
11 struction, purchase of existing structures, for site purchase and
12 improvement, for new garages, for original equipment, furnishings,
13 machinery, or apparatus, and for professional fees and other costs inci-
14 dental to such construction or reconstruction, or purchase of existing
15 structures. In the case of a lease or lease-purchase agreement entered
16 pursuant to section four hundred three-b, subdivision eight of section
17 twenty-five hundred three or subdivision six of section twenty-five
18 hundred fifty-four of this chapter, approved expenditures for the lease
19 or other annual payments shall not include the costs of heat, electric-
20 ity, water or other utilities or the costs of operation or maintenance
21 of the leased facility. An apportionment shall be available pursuant to
22 this subdivision for construction, reconstruction, rehabilitation or
23 improvement in a building, or portion thereof, being leased by a school
24 district only if the lease is for a term of at least ten years subse-
25 quent to the date of the general construction contract for such
26 construction, reconstruction, rehabilitation or improvement. Each school
27 district shall prepare a five year capital facilities plan, pursuant to
28 regulations developed by the commissioner for such purpose, provided
29 that in the case of a city school district in a city having a population
30 of one million inhabitants or more, such facilities plan shall comply
31 with the provisions of section twenty-five hundred ninety-p of this
32 chapter and this subdivision. Such plan shall include, but not be limit-
33 ed to, a building inventory, and estimated expense of facility needs,
34 for new construction, additions, alterations, reconstruction, major
35 repairs, energy consumption and maintenance by school building, as
36 appropriate. Such five year plan shall include a priority ranking of
37 projects and shall be amended if necessary to reflect subsequent on-site
38 evaluations of facilities conducted by state supported contractors.
39 § 18. Paragraph a of subdivision 6 of section 3602 of the education
40 law, as added by chapter 57 of the laws of 1993, the opening paragraph
41 as amended by chapter 260 of the laws of 1993 and subparagraphs 1, 2 and
42 3 as amended and subparagraph 4 as added by section 5 of part A of chap-
43 ter 60 of the laws of 2000, is amended to read as follows:
44 a. For capital outlays for such purposes first incurred on or after
45 July first, nineteen hundred sixty-one and debt service for such
46 purposes first incurred on or after July first, nineteen hundred sixty-
47 two, the actual approved expenditures less the amount of civil defense
48 aid received pursuant to the provisions of section thirty-five of chap-
49 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
50 as amended shall be allowed for purposes of apportionment under this
51 subdivision but not in excess of the following schedule of cost allow-
52 ances:
53 (1) [For new] (a) If (i) the date upon which the project has been
54 approved by the commissioner, or (ii) for a city school district in a
55 city having a population of one million inhabitants or more, the first
56 date upon which a general construction contract has been awarded or a
S. 1407 65 A. 2107
1 purchase agreement has been executed, relating to construction [and] of
2 a new structure, an addition to an existing structure or the purchase of
3 an existing [structures] structure, is prior to February first, two
4 thousand three, the cost allowances shall be based upon the rated capac-
5 ity of the building or addition and a basic per pupil allowance of up to
6 six thousand three hundred seventy-five dollars adjusted monthly by a
7 statewide index reflecting changes in the cost of labor and materials
8 since July first, nineteen hundred ninety-two, established by the
9 commissioner of labor, modified by an annual county or multi-county
10 labor market composite wage rate, established by the commissioner of
11 labor in consultation with the commissioner, for July first of the base
12 year, commencing July first, nineteen hundred ninety-seven for general
13 construction contracts awarded on or after July first, nineteen hundred
14 ninety-eight, indexed to the median of such county or multi-county
15 rates, but not less than one. Such base allowance shall apply to a
16 building or an addition housing grades prekindergarten through six and
17 shall be adjusted for a building or an addition housing grades seven
18 through nine by a factor of one and four-tenths, for a building or an
19 addition housing grades seven through twelve by a factor of one and
20 five-tenths, for a building or addition housing special education
21 programs by a factor of two, except that where such building or addition
22 is connected to, or such space is located within, a public school facil-
23 ity housing programs for nondisabled pupils, as approved by the commis-
24 sioner, a factor of three shall be used. Rated capacity of a building or
25 an addition shall be determined by the commissioner based on space stan-
26 dards and other requirements for building construction specified by the
27 commissioner. Such assigned capacity ratings shall include, in addition
28 to those spaces used for the instruction of pupils, those spaces which
29 are used for elementary and secondary school libraries, cafeterias,
30 prekindergarten instructional rooms, teachers' conference rooms, gymna-
31 siums and auditoriums. For new construction projects approved on or
32 after July first, two thousand, by the voters of the school district or
33 by the board of education of a city school district in a city with more
34 than one hundred twenty-five thousand inhabitants, and/or the chancellor
35 in a city school district in a city having a population of one million
36 or more, such rated capacity for new buildings and additions constructed
37 to replace existing buildings that, in the judgment of the commissioner,
38 have not been adequately maintained and have not reached their projected
39 useful life shall be reduced by the commissioner by an amount propor-
40 tional to the remaining unused portion of the useful life of the exist-
41 ing buildings, provided however that the commissioner may waive such
42 requirement upon a finding that replacement of the existing building is
43 necessary to protect the health and safety of students or staff, that
44 reconstruction and modernization of the existing building would not
45 adequately address such health and safety problems, and that the need to
46 replace the building was not caused by failure to adequately maintain
47 the building. If the commissioner of labor resets the statewide index
48 reflecting changes in the costs of labor and materials since July first,
49 nineteen hundred ninety-two, the commissioner shall adopt regulations to
50 supersede the basic per pupil allowance of up to six thousand three
51 hundred seventy-five dollars to the imputed allowance in effect at that
52 time.
53 (b) If (i) the date upon which the project has been approved by the
54 commissioner, or (ii) for a city school district in a city having a
55 population of one million inhabitants or more, the first date upon which
56 a general construction contract has been awarded or a purchase agreement
S. 1407 66 A. 2107
1 has been executed, relating to construction of a new structure, an addi-
2 tion to an existing structure or the purchase of an existing structure,
3 is on or after February first, two thousand three, the cost allowances
4 shall be based upon the product of: (A) the building project enrollment,
5 (B) a basic per pupil space allotment as established by the commissioner
6 and (C) a basic per pupil allowance for such construction or purchase as
7 established by the commissioner and approved by the director of the
8 budget. Such basic per pupil allowance shall be adjusted monthly there-
9 after by a statewide index reflecting changes in the cost of labor and
10 materials, as derived from the statewide index and as modified by the
11 annual county or multi-county labor market composite wage rate for July
12 first of the base year, both as established by the commissioner of labor
13 pursuant to clause (a) of this subparagraph.
14 (c) If (i) the date upon which the project has been approved by the
15 commissioner, or (ii) for a city school district in a city having a
16 population of one million inhabitants or more, the first date upon which
17 a general construction contract has been awarded and purchases executed,
18 relating to the reconstruction, rehabilitation or improvement of an
19 existing structure, is on or after February first, two thousand three,
20 the cost allowances shall be the lesser of: (A) one hundred per centum
21 of the cost allowances for the equivalent new construction over the
22 projected useful life of the building, to be determined in accordance
23 with the regulations of the commissioner, or (B) the product of: (I) the
24 building project enrollment, (II) the quotient of the square feet of
25 space being reconstructed, rehabilitated or improved within the school
26 building divided by the total square feet of space within such school
27 building, and (III) a basic per pupil allowance for such reconstruction,
28 rehabilitation or improvement as established by the commissioner and
29 approved by the director of the budget. Such basic per pupil allowance
30 shall be adjusted monthly thereafter by a statewide index reflecting
31 changes in the cost of labor and materials, as derived from the state-
32 wide index and as modified by the annual county or multi-county labor
33 market composite wage rate for July first of the base year, both as
34 established by the commissioner of labor pursuant to clause (a) of this
35 subparagraph. Reconstruction projects shall reasonably meet the crite-
36 ria established for new construction, including but not limited to ener-
37 gy, fire, personal safety and space per pupil standards.
38 (2) (a) Where a school district has expenditures for site purchase,
39 grading or improvement of the site, original furnishings, equipment,
40 machinery or apparatus, or professional fees, or other incidental costs
41 relating to construction of a new structure, an addition to an existing
42 structure or the purchase of an existing structure, for which (i) the
43 date upon which the project has been approved by the commissioner, or
44 (ii) for a city school district in a city having a population of one
45 million inhabitants or more, the first date upon which a general
46 construction contract has been awarded or purchase agreement was
47 executed, is prior to February first, two thousand three, the cost
48 allowances [for new construction and the purchase of existing struc-
49 tures] may be increased by the actual expenditures for such purposes but
50 by not more than the product of the applicable cost allowance estab-
51 lished pursuant to subparagraph one of this paragraph and twenty per
52 centum for school buildings or additions housing grades prekindergarten
53 through six and by not more than the product of such cost allowance and
54 twenty-five per centum for school buildings or additions housing grades
55 seven through twelve and by not more than the product of such cost
S. 1407 67 A. 2107
1 allowance and twenty-five per centum for school buildings or additions
2 housing special education programs as approved by the commissioner.
3 (b) Where a school district has expenditures for site purchase, grad-
4 ing or improvement of the site, original furnishings, equipment, machin-
5 ery or apparatus, or professional fees, or other incidental costs relat-
6 ing to an approved building project for which (i) the date upon which
7 the project has been approved by the commissioner, or (ii) for a city
8 school district in a city having a population of one million inhabitants
9 or more, the first date upon which a general construction contract has
10 been awarded or purchase agreement was executed, is on or after February
11 first, two thousand three, the cost allowances may be increased by the
12 actual expenditures for such purposes but by not more than the product
13 of the approved cost of construction or purchase and twenty per centum
14 for school buildings or additions housing grades prekindergarten through
15 six and by not more than the product of such approved cost and twenty-
16 five per centum for school buildings or additions housing grades seven
17 through twelve and by not more than the product of such approved cost
18 and twenty-five per centum for that portion of such school buildings or
19 additions housing special education programs conducted by a board of
20 cooperative educational services, where such board has entered into an
21 agreement to lease such facility or facilities for a period of ten years
22 or more, and where such program has been approved by the commissioner on
23 or after February first, two thousand three, provided, however, that,
24 the commissioner may increase the cost allowance up to the actual
25 expenditures for such purposes upon demonstration by the district that
26 such additional expenditures are necessary for cost-effective completion
27 of the project and that the project is essential to enable the district
28 to ensure that all pupils meet applicable learning standards.
29 (3) Cost allowances for [reconstructing or modernizing structures]
30 reconstruction, rehabilitation or improvement of an existing structure
31 for which (i) the date upon which the project has been approved by the
32 commissioner, or (ii) for a city school district in a city having a
33 population of one million inhabitants or more, the first date upon which
34 a general construction contract has been awarded or purchase agreement
35 was executed, is prior to February first, two thousand three shall not
36 exceed one hundred per centum of the cost allowances for the equivalent
37 new construction over the projected useful life of the building, to be
38 determined in accordance with the regulations of the commissioner.
39 Reconstruction projects shall reasonably meet the criteria established
40 for new construction, including but not limited to energy, fire,
41 personal safety and space per pupil standards.
42 (4) The commissioner shall promulgate regulations prescribing the
43 methodology for establishing a multi-year cost allowance for the purpose
44 of computation of building aid to school districts and a procedure for
45 school districts to appeal the determination that a building has not
46 been adequately maintained, as required by subparagraphs one and three
47 of this paragraph. Such methodology shall include the development of a
48 building replacement cost allowance schedule for the replacement of
49 major building systems of a building over its projected useful life and
50 the construction of new buildings and additions for projects that have
51 been approved on or after July first, two thousand by the voters of the
52 school district or by the board of education of a city school district
53 in a city with more than one hundred twenty-five thousand inhabitants,
54 and/or the chancellor in a city school district in a city having a popu-
55 lation of one million or more. For purposes of this subdivision, "major
56 building systems" shall mean the electrical, plumbing, heating, venti-
S. 1407 68 A. 2107
1 lation and air conditioning systems, and the roof and other major struc-
2 tural elements of a school building.
3 (5) For new construction projects for which (i) the date upon which
4 the project has been approved by the commissioner, or (ii) for a city
5 school district in a city having a population of one million inhabitants
6 or more, the first date upon which a general construction contract has
7 been awarded or purchase agreement was executed, is prior to February
8 first, two thousand three, such rated capacity for new buildings and
9 additions constructed to replace existing buildings that, in the judg-
10 ment of the commissioner, have not been adequately maintained and have
11 not reached their projected useful life shall be reduced by the commis-
12 sioner by an amount proportional to the remaining unused portion of the
13 useful life of the existing buildings, provided however that the commis-
14 sioner may waive such requirement upon a finding that replacement of the
15 existing building is necessary to protect the health and safety of
16 students or staff, that reconstruction and modernization of the existing
17 building would not adequately address such health and safety problems,
18 and that the need to replace the building was not caused by failure to
19 adequately maintain the building.
20 § 19. Clause (i) of subparagraph 2 of paragraph b of subdivision 6 of
21 section 3602 of the education law, as amended by section 6 of part A of
22 chapter 60 of the laws of 2000, is amended to read as follows:
23 (i) Eligibility. All school building projects (a) approved by the
24 voters of the school district or (b) approved by the board of education
25 of a city school district in a city with more than one hundred twenty-
26 five thousand inhabitants, and/or the chancellor in a city school
27 district in a city having a population of one million or more or (c) in
28 the case of a construction emergency project, approved by the board of
29 education of any school district or by the chancellor in a city school
30 district in a city having a population of one million or more, for
31 projects approved on or after July first, nineteen hundred ninety-eight,
32 shall be eligible for an additional apportionment pursuant to this
33 subparagraph to the extent that expenditures for such projects are
34 otherwise aidable pursuant to this subdivision, provided that for all
35 such projects so approved on or after July first, two thousand, expendi-
36 tures directly related to swimming pools shall not be eligible for such
37 additional apportionment, and further provided that for all such
38 projects so approved on or after July first, two thousand three, expend-
39 itures directly related to noninstructional space shall not be eligible
40 for such additional apportionment, and further provided that for the
41 purposes of this subdivision a construction emergency project shall mean
42 a school construction project approved on or after July first, two thou-
43 sand, to remediate emergency situations which arise in public school
44 buildings and threaten the health and/or safety of building occupants,
45 as a result of the unanticipated discovery of asbestos or other hazard-
46 ous substances during construction work on a school or significant
47 damage caused by a fire, snow storm, ice storm, excessive rain, high
48 wind, flood or similar catastrophic event which results in the necessity
49 for immediate repair.
50 § 20. Subparagraph 2 of paragraph c of subdivision 6 of section 3602
51 of the education law is amended by adding a new clause (c) to read as
52 follows:
53 (c) For aid payable in the school years two thousand three--two thou-
54 sand four and thereafter for all school building projects approved by
55 the voters of the school district or by the board of education of a city
56 school district in a city with more than one hundred twenty-five thou-
S. 1407 69 A. 2107
1 sand inhabitants, and/or the chancellor in a city school district in a
2 city having a population of one million or more, on or after July first,
3 two thousand three, any school district shall compute aid under the
4 provisions of this subdivision using the building aid ratio computed for
5 use in the current year; or, for school building projects approved
6 before July first, two thousand four, for any school district for which
7 the pupil wealth ratio is greater than two and five-tenths and for which
8 the alternate pupil wealth ratio is less than eighty-five hundredths,
9 the additional building aid ratio; provided that, school districts who
10 are eligible for aid under paragraph f of subdivision fourteen of this
11 section may compute aid under the provisions of this subdivision using
12 the highest of the aid ratios so computed for the reorganized district
13 or the highest of the aid ratios so computed for any of the individual
14 school districts which existed prior to the date of the reorganized
15 school district.
16 § 21. Clause (a) of subparagraph 5 of paragraph e of subdivision 6 of
17 section 3602 of the education law, as amended by section 1 of part F of
18 chapter 383 of the laws of 2001, is amended to read as follows:
19 (a) Calculation of interest rates for the city school districts of the
20 cities of Buffalo, Rochester, Syracuse and Yonkers. By the first day of
21 September of the current year, or by the date prescribed by the commis-
22 sioner for the two thousand one--two thousand two school year, the chief
23 fiscal officer of each of the cities of Buffalo, Rochester, Syracuse and
24 Yonkers shall provide to the commissioner an analysis, as prescribed by
25 the commissioner, of the actual average interest rate applied to all
26 capital debt incurred by such city related to school construction
27 purposes during the base year not including debt issued by the dormitory
28 authority for the benefit of any school district and of the estimated
29 average interest rate applied to all capital debt to be incurred by such
30 city related to school construction purposes during the current year not
31 including debt issued by the dormitory authority for the benefit of any
32 school district. Such interest rates shall be expressed as a decimal to
33 five places rounded to the nearest eighth of one-one hundredth. The
34 interest rate of such city applicable to the base year for the purposes
35 of this subparagraph shall be the actual average interest rate of such
36 city in the base year, and the estimated average interest rate shall be
37 tentatively established as the interest rate of such city applicable to
38 the current year, except that all apportionments of aid payable during
39 the current year based on such estimated average interest rate shall be
40 recalculated in the following year and adjusted as appropriate based on
41 the appropriate actual average interest rate then established pursuant
42 to this clause provided, however, that in any year in which such city
43 has not incurred debt related to school construction purposes, the
44 assumed interest rate calculated pursuant to clause (b) of this subpara-
45 graph shall be the interest rate established for such city, and provided
46 further that where such city has entered into an agreement with the
47 dormitory authority of the state of New York to finance debt related to
48 school construction that is subject to subparagraph four of this para-
49 graph or has entered into an agreement with the dormitory authority of
50 the state of New York for the purpose of financing a school construction
51 project that is subject to subparagraph three of this paragraph, the
52 interest rate applicable to the obligations issued by the dormitory
53 authority of the state of New York for such purpose shall be the inter-
54 est rate established for such city applicable to such debt.
55 § 22. Paragraph f of subdivision 6 of section 3602 of the education
56 law is amended by adding a new subparagraph 2-a to read as follows:
S. 1407 70 A. 2107
1 (2-a) Notwithstanding any inconsistent provisions of this subdivision,
2 if the earlier of (i) the date upon which the project has been approved
3 by the commissioner, or (ii) the first date upon which a general
4 construction contract has been awarded or a purchase agreement has been
5 executed, relating to construction of a new structure, an addition to an
6 existing structure or the purchase of an existing structure, is on or
7 after February first, two thousand three, the amount of fully annualized
8 aid apportioned pursuant to paragraph b of this subdivision for approved
9 expenditure for debt service for bond anticipation notes and for bonds
10 and capital notes issued during the current year for school building
11 purposes and for lease-purchase or other annual payments under a lease-
12 purchase agreement or an equivalent agreement entered into during the
13 current year and for approved expenditures for capital outlays or for
14 leases other than lease-purchase agreements or the equivalent, shall not
15 be greater than the sum of:
16 (a) the funds made available for the priority project ceiling. For the
17 two thousand three--two thousand four school year and thereafter, the
18 priority project ceiling shall be one hundred million dollars
19 ($100,000,000). For the two thousand two--two thousand three school
20 year, the priority project ceiling shall be the product, rounded to the
21 nearest million dollars, of the two thousand three--two thousand four
22 priority project ceiling and the quotient of the number of months,
23 rounded to the nearest half month, in which projects are eligible for
24 funding pursuant to this clause in the two thousand two--two thousand
25 three school year divided by twelve. Project eligibility for funding
26 pursuant to this clause will be prioritized on the basis of the building
27 condition surveys submitted pursuant to subdivision six-e of this
28 section. Priority projects shall have been approved by the voters of the
29 school district or approved by the trustees or board of education for
30 school districts where voter approval is not required, and shall be
31 categorized by the following classifications:
32 (i) First priority projects shall be necessary to insure the health
33 and safety of the building's occupants or of neighboring residents
34 through remediation of specific hazards identified by the department of
35 health and deficiencies identified by fire safety inspections, or
36 through correction of code deficiencies that are determined to be
37 hazardous to health or safety and are identified through such building
38 condition survey;
39 (ii) Second priority projects shall be necessary to ameliorate immedi-
40 ate overcrowding, as defined by the commissioner, in the school
41 district;
42 (iii) Third priority projects shall be necessary to replace or reno-
43 vate school buildings that have been in use for more than forty years,
44 where such projects do not include a capacity increase greater than ten
45 percent of the gross floor area and where such school district has a
46 needs-resource index in excess of the statewide median, as established
47 by the commissioner;
48 (iv) Fourth priority projects shall be projects to modernize or reno-
49 vate school buildings that have been in use for at least twenty years,
50 where such projects do not include a capacity increase greater than ten
51 percent of the gross floor area and where such school district has a
52 needs-resource index in excess of the statewide median, as established
53 by the commissioner;
54 (v) Fifth priority projects shall be projects to add significant
55 capacity where the majority of such added capacity is used to augment
56 basic educational space such as classrooms and laboratories, or building
S. 1407 71 A. 2107
1 system renovations which are designed to extend the useful life of the
2 building by at least fifteen years and where such school district has a
3 needs-resource index in excess of the statewide median, as established
4 by the commissioner.
5 (vi) Sixth priority projects shall be projects that have not been made
6 eligible pursuant to subclauses (i), (ii), (iii), (iv) or (v) of this
7 clause and are not ineligible for building aid pursuant to subclause
8 (vii) of this clause.
9 (vii) Notwithstanding any other provision of this clause, projects to
10 modernize or renovate school buildings that have been in use for less
11 than twenty years; projects to renovate or reconstruct space leased for
12 non-school district purposes, excluding space leased to boards of coop-
13 erative educational services; and projects to correct design flaws,
14 errors or omissions and improper construction shall not be eligible for
15 an apportionment of building aid pursuant to this clause.
16 Within each priority category, projects shall be ranked first by the
17 district's needs-resource index, then by the adjusted age of the build-
18 ing. Projects shall be selected for funding in rank order, first from
19 first priority projects, then from second priority projects, then from
20 third priority projects, then from fourth priority projects, then from
21 fifth priority projects, then from sixth priority projects. Such deter-
22 mination shall be made pursuant to regulations of the commissioner on a
23 quarterly basis, on the first business day following February fifteenth,
24 the first business day following May fifteenth, the first business day
25 following August fifteenth and the first business day following November
26 fifteenth. Any school district not in a city having a population of one
27 million or more shall be eligible to receive a maximum of twenty percent
28 of the funds available pursuant to this paragraph. Any city school
29 district in a city having a population of one million or more shall be
30 eligible to receive a minimum of forty percent of the funds available
31 pursuant to this paragraph, but not more than sixty percent of such
32 funds, provided, however, that in the event that any such city has not
33 made application for and been awarded such funds as of April first, they
34 shall be made available for other projects eligible for funding pursuant
35 to this clause. No application shall be set aside for insufficiency of
36 funds to make a complete award, but shall be eligible for a partial
37 award in one quarter and shall retain its priority date status for
38 awards designated for such purposes in a future quarter, and
39 (b) the funds made available for the emergency project ceiling. For
40 the two thousand three--two thousand four school year and thereafter,
41 the emergency project ceiling shall be thirty million dollars
42 ($30,000,000). For the two thousand two--two thousand three school year,
43 the emergency project ceiling shall be the product, rounded to the near-
44 est million dollars, of the two thousand three--two thousand four emer-
45 gency project ceiling and the quotient of the number of months, rounded
46 to the nearest half month, in which projects are eligible for funding
47 pursuant to this clause in the two thousand two--two thousand three
48 school year divided by twelve. Projects eligible for funding pursuant to
49 this clause shall be construction emergency projects that are reviewed
50 by the department at the request of the school district and are deter-
51 mined to be necessary to remediate emergency situations which arise in
52 public school buildings and threaten the health and/or safety of build-
53 ing occupants, as a result of the unanticipated discovery of asbestos or
54 other hazardous substances during construction work on a school or
55 significant damage caused by a fire, snow storm, ice storm, excessive
56 rain, high wind, flood or similar catastrophic event which results in
S. 1407 72 A. 2107
1 the necessity for immediate repair. If funds made available pursuant to
2 this subparagraph remain unallocated as of April first, they shall be
3 made available for priority projects eligible for funding pursuant to
4 clause (a) of this subparagraph. If, upon subsequent review of the
5 project, it is deemed not to have been an emergency project, the
6 district shall have its apportionments payable pursuant to this section
7 reduced by the amount of any apportionments previously paid pursuant to
8 this clause for such project, and such project shall be eligible for
9 funding pursuant to clause (a) of this subparagraph.
10 § 23. Subdivision 6-c of section 3602 of the education law, as amended
11 by chapter 217 of the laws of 2001, is amended to read as follows:
12 6-c. Building aid for metal detectors, and safety devices for elec-
13 trically operated partitions, room dividers and doors. In addition to
14 the apportionments payable to a school district pursuant to subdivision
15 six of this section, the commissioner is hereby authorized to apportion
16 to any school district additional building aid pursuant to this subdivi-
17 sion for its approved expenditures in the base year for the purchase of
18 stationary metal detectors, security cameras, safety devices for elec-
19 trically operated partitions and room dividers required pursuant to
20 section four hundred nine-f of this chapter, or other security devices
21 approved by the commissioner that increase the safety of students and
22 school personnel, provided, however, that funds apportioned to school
23 districts pursuant to this section shall not supplant funds for existing
24 district expenditures or for existing contractual obligations of the
25 district for stationary metal detectors, security cameras, partition and
26 room divider safety devices, or security devices. Portable or hand held
27 metal detectors shall not be eligible for aid pursuant to this subdivi-
28 sion. Such additional aid shall [be computed in the manner prescribed in
29 subdivision six of this section using the district's current year build-
30 ing aid ratio] equal the product of the building aid ratio computed for
31 use in the current year pursuant to paragraph c of subdivision six of
32 this section and the actual approved expenditures incurred in the base
33 year pursuant to this subdivision, provided that the limitations on cost
34 allowances prescribed by paragraph a of subdivision six of this section
35 shall not apply. The commissioner shall annually prescribe a special
36 cost allowance for metal detectors, and security cameras, and the
37 approved expenditures shall not exceed such cost allowance. The commis-
38 sioner shall annually prescribe a special cost allowance for partition
39 and room divider safety devices, and the approved expenditures shall not
40 exceed such cost allowance.
41 § 24. Subdivision 11 of section 3602 of the education law, as amended
42 by section 23 of part H of chapter 83 of the laws of 2002, is amended to
43 read as follows:
44 11. Approved operating expense. The approved operating expense for
45 apportionments to any school district hereunder shall be computed as
46 follows: The apportionment to any school district for operating expense
47 shall be based upon the total expenditures from its general fund and
48 from its capital fund and from its risk retention fund for purposes of
49 employee benefit claims related to salaries paid from the general fund,
50 and for any city school districts with a population of more than one
51 hundred twenty-five thousand inhabitants its expenditures from the
52 special aid fund of grant moneys for improving pupil performance and
53 categorical aid for special reading programs as provided in the aid to
54 localities budget during the applicable year as approved by the commis-
55 sioner, and in accordance with the classification of expenditures in use
56 by the commissioner for the reporting by school districts of receipts,
S. 1407 73 A. 2107
1 expenditures and other financial data. For the purpose of this subdivi-
2 sion operating expense shall be defined as total cash expenditures
3 during the applicable year, but shall exclude: (1) any balances and
4 transfers; (2) any payments for transportation of pupils to and from
5 school during the regular school year inclusive of capital outlays and
6 debt service therefor; (2-a) a portion of any payments for transporta-
7 tion of pupils to and from district operated summer school programs
8 pursuant to subdivision six of section thirty-six hundred twenty-two-a
9 of this article, inclusive of capital outlays and debt service therefor,
10 equal to the product of such expenditures multiplied by the quotient of
11 the total apportionment after the proration, if any, required by such
12 subdivision six divided by the total apportionment prior to such
13 proration; (3) any payments for capital outlay and debt service for
14 school building purposes, provided, however, that in the case of a
15 school district which has entered into a contract with state university
16 pursuant to paragraph o of subdivision two of section three hundred
17 fifty-five of this chapter, under which the school district makes
18 payments to state university on account of capital outlay relating to
19 certain children residing in such school district, such payments shall
20 not be so excluded; (4) any payments for cafeteria or school lunch
21 programs; (5) any proceeds of short term borrowings in the general fund
22 and any payments from the proceeds of the sale of obligations in the
23 capital fund; (6) any cash receipts which reduce the cost of an item
24 when applied against the expenditure therefor, except gifts, donations
25 and earned interest and any refunds made; (7) any payments made to
26 boards of cooperative educational services and to county vocational
27 education and extension boards for purposes or programs for which an
28 apportionment is paid pursuant to other sections of this chapter, except
29 that payments attributable to eligible pupils with disabilities and
30 ineligible pupils residing in noncomponent districts shall be included
31 in operating expense; (8) any tuition payments made to other school
32 districts inclusive of payments made to a central high school district
33 by one of its component school districts; (9) any apportionment or
34 payment received from the state for experimental or special programs
35 paid under provisions other than those found in this section and other
36 than any apportionments or payments received from the state by the city
37 school district of the city of Yonkers for the purpose of funding an
38 educational improvement program pursuant to a court order; (10) any
39 funds received from the federal government except the federal share of
40 medicaid subject to the provisions of section thirty-six hundred nine or
41 thirty-six hundred nine-a, as the case may be, of this chapter and
42 except Impact Aid funds received pursuant to sections two and six of
43 Public Law eighty-one-eight hundred seventy-four (PL 81-874) or any law
44 superseding such law in any such district which received aid pursuant to
45 both such sections; provided further, however, that there shall be
46 excluded from such federal funds or other apportionments any payments
47 from such funds already deducted pursuant to this paragraph; (11) any
48 payments made for which an apportionment is disallowed pursuant to regu-
49 lations of the commissioner; (12) any expenditures made for accounting,
50 tabulation, or computer equipment, in excess of ten thousand dollars
51 unless such expenditures shall have been specifically approved by the
52 commissioner; (13) any rentals received pursuant to the provisions of
53 section four hundred three-a of this chapter; (14) any rentals or other
54 annual payments received pursuant to the provisions of section four
55 hundred three-b of this chapter; (15) any expenditures made for persons
56 twenty-one years of age or over attending employment preparation educa-
S. 1407 74 A. 2107
1 tion programs pursuant to subdivision twenty-four of this section; and
2 (16) and any tuition payments made pursuant to a contract under the
3 provisions of paragraphs e, f, g, h, i and l of subdivision two of
4 section forty-four hundred one of this chapter or any tuition payments
5 on behalf of pupils attending a state school under paragraph d of such
6 subdivision.
7 § 25. Subdivision 12-b of section 3602 of the education law, as added
8 by section 28 of part H of chapter 83 of the laws of 2002, is amended to
9 read as follows:
10 12-b. Notwithstanding any other section of law to the contrary, in
11 lieu of aids payable pursuant to paragraph a of subdivision twelve and
12 subdivision sixteen of this section, in the two thousand two--two thou-
13 sand three school year, each school district shall be entitled to
14 receive comprehensive operating aid equal to the sum of the amounts set
15 forth for such school district for the two thousand one--two thousand
16 two school year on the computer listing produced by the commissioner in
17 support of the executive budget request for such year and entitled
18 "BT032-1" under the heading "FLEX AID" less the amounts set forth for
19 such school district as "Excess Cost - Public" and "Excess Cost -
20 Private" under the heading "2000-01 Base Year Aids" in the school aid
21 computer listing produced by the commissioner in support of the execu-
22 tive budget request for the two thousand one--two thousand two school
23 year and entitled "BT032-1" and the amounts payable in the two thou-
24 sand--two thousand one school year pursuant to paragraph e of subdivi-
25 sion twelve, subdivisions six-d, [nineteen,] twenty-two, twenty-three,
26 thirty-two and thirty-eight of this section, [and section forty-four
27 hundred five of this article,] provided that for districts for which the
28 combined wealth ratio as calculated pursuant to paragraph 1 of subdivi-
29 sion one of this section is less than one, may receive the amount calcu-
30 lated herein multiplied by one hundred and one percent. Nothing in this
31 section would preclude a district from receiving extraordinary needs aid
32 calculated pursuant to paragraph e of subdivision twelve of this section
33 in the two thousand two--two thousand three school year.
34 § 26. Paragraph f of subdivision 24 of section 3602 of the education
35 law, as added by chapter 82 of the laws of 1995, is amended to read as
36 follows:
37 f. Approved plan of service and program evaluation. All school
38 districts and BOCES desiring to operate an aidable program pursuant to
39 this subdivision shall complete a comprehensive plan of service applica-
40 tion, including a budget by program component, together with an evalu-
41 ation of the effectiveness of program components offered during the most
42 recent July first through March thirtieth, if any. Such evaluation and
43 plan shall be in a form prescribed by the commissioner and shall be
44 submitted not later than forty-five days after the provisions of this
45 paragraph shall have become law, and not later than May fifteenth in
46 subsequent school years. Within forty-five days of such deadline, and
47 upon evaluation of such applications, the commissioner shall, evaluate
48 such applications based on (1) demonstrated effectiveness of such
49 programs as defined by the commissioner and approved by the director of
50 the budget, (2) geographic availability, (3) lack of duplication of such
51 programs, (4) support for educational initiatives, and (5) compliance
52 with required program and fiscal reporting requirements. Upon completion
53 of such evaluation the commissioner shall submit a plan for the allo-
54 cation of funds appropriated for such purpose to the director of the
55 budget for approval. Upon approval of such plan by the director of the
56 budget, the commissioner shall notify school districts and BOCES of
S. 1407 75 A. 2107
1 those portions of such plan of service that will be aidable in the
2 school year ahead [after making a determination that approval of such
3 programs will assure maximum effectiveness, geographic availability and
4 lack of duplication of such programs, support for educational initi-
5 atives, and compliance with required program and fiscal reporting
6 requirements]. No aid shall be payable pursuant to this subdivision
7 unless the program is approved by the commissioner.
8 § 27. Subdivision 6 of section 3622-a of the education law, as added
9 by section 47 of part A of chapter 60 of the laws of 2000, is amended to
10 read as follows:
11 6. Transportation of pupils to and from approved summer school
12 programs operated by a school district in the two thousand--two thousand
13 one school year and thereafter, provided, however, that any expenses for
14 which aid is received pursuant to subdivision thirty-nine of section
15 thirty-six hundred two of this article shall be excluded from the compu-
16 tation of allowable transportation expense, and provided further that if
17 the total statewide apportionment attributable to allowable transporta-
18 tion expenses incurred pursuant to this subdivision exceeds five million
19 dollars ($5,000,000), individual school district allocations shall be
20 prorated to ensure that the apportionment for such summer transportation
21 does not exceed five million dollars ($5,000,000), provided that such
22 prorated apportionment computed and payable as of September one of the
23 school year immediately following the school year for which such aid is
24 claimed shall be deemed final and not subject to change.
25 § 28. Subparagraph 1 of paragraph b of subdivision 12 of section 3641
26 of the education law, as added by section 55 of part H of chapter 83 of
27 the laws of 2002, is amended to read as follows:
28 (1) For aid payable in the two thousand three--two thousand four
29 school year, the commissioner shall, within the amounts appropriated for
30 such purpose, provide grants to school districts in the amount of any
31 excess of [such school district's approved expenditures for capital
32 outlays incurred in the two thousand one--two thousand two school year,
33 as computed pursuant to subdivision six of section thirty-six hundred
34 two of this article and paragraph a of this subdivision] the product of
35 the amount of such school district's approved expenditures incurred in
36 the two thousand one--two thousand two school year for capital outlays
37 for school building purposes determined pursuant to subdivision six of
38 section thirty-six hundred two of this article from its general fund,
39 capital fund or from a reserve fund, multiplied by the sum of the aid
40 ratio selected for use in the two thousand two--two thousand three
41 school year for such expenditures pursuant to the provisions of para-
42 graph c of subdivision six of section thirty-six hundred two of this
43 article, plus the incentive decimal, if any, calculated for the two
44 thousand two--two thousand three school year pursuant to subparagraph
45 two of paragraph b of such subdivision six, provided that the amount of
46 reimbursement attributable to approved expenditures for capital outlays
47 for joint facilities shall be determined pursuant to subparagraph four
48 of paragraph a of this subdivision, based on data on file on the first
49 business day of September, two thousand three, over the amount reim-
50 bursed as capital outlay transition grants pursuant to the provisions of
51 paragraph a of this subdivision.
52 § 29. Subparagraph 2 of paragraph b of subdivision 12 of section 3641
53 of the education law, as added by section 55 of part H of chapter 83 of
54 the laws of 2002, is amended to read as follows:
55 (2) A school district which was eligible for a grant pursuant to para-
56 graph a of this subdivision and [incurred approved expenditures for
S. 1407 76 A. 2107
1 capital outlays in the two thousand one--two thousand two school year]
2 where the product of the amount of such school district's approved
3 expenditures incurred in the two thousand one--two thousand two school
4 year for capital outlays for school building purposes determined pursu-
5 ant to subdivision six of section thirty-six hundred two of this article
6 from its general fund, capital fund or from a reserve fund, multiplied
7 by the sum of the aid ratio selected for use in the two thousand two--
8 two thousand three school year for such expenditures pursuant to the
9 provisions of paragraph c of subdivision six of section thirty-six
10 hundred two of this article, plus the incentive decimal, if any, calcu-
11 lated for the two thousand two--two thousand three school year pursuant
12 to subparagraph two of paragraph b of such subdivision six, provided
13 that the amount of reimbursement attributable to approved expenditures
14 for capital outlays for joint facilities shall be determined pursuant to
15 subparagraph four of paragraph a of this subdivision, is in excess of
16 the amount it received under paragraph a of this subdivision shall be
17 eligible to apply for a grant pursuant to this subdivision in lieu of an
18 apportionment of aid for such approved expenditures pursuant to subdivi-
19 sion six of section thirty-six hundred two of this article. Application
20 for such grant shall be made on or before the first business day of
21 September, two thousand three in such form as the commissioner shall
22 determine, and shall include documentation of actual approved expendi-
23 tures for capital outlays incurred in the two thousand one--two thousand
24 two school year.
25 § 30. Paragraph d of subdivision 14 of section 3602 of the education
26 law, as amended by section 113-c of part C of chapter 58 of the laws of
27 1998, is amended to read as follows:
28 d. Incentive operating aid for reorganized districts. Notwithstanding
29 the provisions of paragraphs a through c of this subdivision, whenever
30 two or more school districts are scheduled for reorganization pursuant
31 to section three hundred fourteen of this chapter, and whenever after
32 July first, nineteen hundred sixty-five, all such school districts so
33 scheduled do reorganize in accordance with the provisions of such
34 section three hundred fourteen as amended by chapter seven hundred
35 forty-five of the laws of nineteen hundred sixty-five, and
36 (1) whenever such proposed reorganization includes at least two school
37 districts, each of which maintains its own high school, or
38 (2) where such proposed reorganization includes only one school
39 district maintaining its own high school, whenever in such case such
40 proposed reorganization, in addition to such school district maintaining
41 its own high school, includes at least nine other school districts, or
42 (3) whenever such proposed reorganization includes at least two
43 central school districts, or
44 (4) where such proposed reorganization includes at least one school
45 district maintaining its own high school and, in addition thereto,
46 includes at least one school district employing eight or more teachers,
47 or
48 (5) where such proposed reorganization includes a city school
49 district, and in addition thereto, includes at least seven other school
50 districts, or
51 (6) where such reorganization includes at least two school districts
52 employing eight or more teachers forming a central high school district
53 pursuant to section nineteen hundred thirteen of this chapter, such
54 reorganized district shall be entitled to an apportionment equal to an
55 additional percent of the apportionment computed in accordance with the
56 provisions of subparagraph (i) of paragraph a of subdivision twelve of
S. 1407 77 A. 2107
1 this section; but in no case shall the sum of such apportionment under
2 this paragraph plus (a) the apportionment under subparagraph (i) of
3 paragraph a of subdivision twelve of this section, or (b) for the two
4 thousand two--two thousand three school year, the apportionment under
5 subdivision twelve-b of this section less the amount payable in the two
6 thousand--two thousand one school year pursuant to subdivision sixteen
7 of this section, be more than a total of ninety-five per centum of the
8 year prior to the base year approved operating expense; for a period of
9 five years beginning with the first school year of operation as a reor-
10 ganized district such additional percent shall be ten percent; and ther-
11 eafter such additional ten percent apportionment to such district shall
12 be reduced by one percentage point each year, beginning with the sixth
13 school year of operation as a reorganized district, and continuing until
14 such additional ten percent apportionment is eliminated; provided,
15 however, that the total apportionment to such reorganized district,
16 beginning with the first school year of operation as a reorganized
17 district, and thereafter, shall be not less than the sum of all appor-
18 tionments which each component school district was entitled to receive
19 and did receive during the last school year preceding such first year of
20 operation. In the event a school district is eligible for incentive
21 operating aid and again reorganizes pursuant to a new plan or reorgan-
22 ization established by the commissioner, and where such new reorganiza-
23 tion is again eligible for incentive operating aid, the newly created
24 school district shall be entitled to receive incentive operating aid
25 pursuant to the provisions of this paragraph, based on all school
26 districts included in any such reorganization, provided, however, that
27 incentive operating aid payments due because of any such former reorgan-
28 ization shall cease.
29 § 31. Clauses (a), (b) and (d) of subparagraph 1 of paragraph b of
30 subdivision 1 of section 4402 of the education law, as amended by chap-
31 ter 311 of the laws of 1999, are amended to read as follows:
32 (a) Such committees shall be composed of at least the following
33 members: (i) the parents or persons in parental relationship to the
34 student; (ii) one regular education teacher of the student whenever the
35 student is or may be participating in the regular education environment;
36 (iii) one special education teacher of the student, or, if appropriate,
37 a special education provider of the student; (iv) [a school psychol-
38 ogist; (v)] a representative of such school district who is qualified to
39 provide or administer or supervise special education and is knowledge-
40 able about the general curriculum and the availability of resources of
41 the school district; [(vi)] (v) an individual who can interpret the
42 instructional implications of evaluation results; [(vii) a school physi-
43 cian; (viii) an additional parent of a student with a disability resid-
44 ing in the school district or a neighboring school district, provided
45 such parent shall not be employed by or under contract with the school
46 district, and provided further that such additional parent shall not be
47 a required member if the parents request that such additional parent
48 member not participate; (ix)] (vi) such other persons having knowledge
49 or special expertise regarding the student as the school district or the
50 parents or persons in parental relationship to the student shall desig-
51 nate, to the extent required under federal law; and [(x)] (vii) if
52 appropriate, the student.
53 (b) In determining the composition of such committee pursuant to
54 clause (a) of this subparagraph, a school district may determine that a
55 member appointed pursuant to one of subclause (ii), (iii), (iv)[, (v)]
56 or [(ix)] (vi) of clause (a) of this subparagraph also fulfills the
S. 1407 78 A. 2107
1 requirement of subclause [(vi)] (v) of clause (a) of this subparagraph
2 of a member who is an individual who can interpret the instructional
3 implications of evaluation results where such individuals are determined
4 by the school district to have the knowledge and expertise to do so
5 and/or that a member appointed pursuant to subclause (iii) [or (iv)] of
6 clause (a) of this subparagraph also fulfills the requirement of
7 subclause [(v)] (iv) of clause (a) of this subparagraph of a member who
8 is a representative of the school district. The regular education teach-
9 er of the student shall participate in the development, review and
10 revision of the individualized education program for the student, to the
11 extent required under federal law. [The school physician need not be in
12 attendance at any meeting of the committee on special education unless
13 specifically requested in writing, at least seventy-two hours prior to
14 such meeting by the parents or other person in parental relationship to
15 the student in question, the student, or a member of the committee on
16 special education. The parents or persons in parental relationship of
17 the student in question shall receive proper written notice of their
18 right to have the school physician attend the meetings of the committee
19 on special education upon referral of said student to the committee on
20 special education or whenever such committee plans to modify or change
21 the identification, evaluation or educational placement of the student
22 and their right to request that an additional parent member not partic-
23 ipate at any meeting of the committee regarding the student.] The
24 committee shall invite the appropriate professionals most familiar with
25 a student's disability or disabilities to attend any meeting concerning
26 the educational program for such student. Members of such committee
27 shall serve at the pleasure of such board and members who are neither
28 employees of nor under contract with such district shall serve without
29 compensation except that such members shall be entitled to a per diem to
30 defray expenses incurred in such service, provided, however, that any
31 expense incurred shall be deemed an aidable operating expense for
32 purposes of state aid.
33 (d) Boards of education in city school districts in cities having in
34 excess of one hundred twenty-five thousand inhabitants shall appoint
35 subcommittees on special education, to the extent necessary to ensure
36 timely evaluation and placement of students with disabilities. Boards of
37 education or trustees of any school district outside of a city having a
38 population in excess of one hundred twenty-five thousand inhabitants may
39 appoint subcommittees on special education to assist the board of educa-
40 tion in accordance with this clause and the regulations of the commis-
41 sioner. The membership of each subcommittee shall include, but not be
42 limited to, the committee members required by [subclauses (i), (ii),
43 (iii), (v), (vi), (ix) and (x) of] clause (a) of this subparagraph[, and
44 a school psychologist whenever a new psychological evaluation is
45 reviewed or a change to a more restrictive program option, as defined in
46 regulations of the commissioner, is considered]. Except when (i) a
47 student is considered for initial placement in a special class, or (ii)
48 a student is considered for initial placement in a special class outside
49 of the student's school of attendance, or (iii) whenever a student is
50 considered for placement in a school primarily serving students with
51 disabilities or a school outside of the student's district, each subcom-
52 mittee may perform the functions for which the committee on special
53 education is responsible pursuant to the provisions of this subdivision.
54 Each subcommittee shall report annually the status of each student with
55 a disability within its jurisdiction to the committee on special educa-
56 tion, and the subcommittee shall refer to the committee, upon receipt of
S. 1407 79 A. 2107
1 a written request from the parent or person in parental relationship to
2 a student, any matter in which the parent disagrees with the subcommit-
3 tee's recommendation concerning a modification or change in the iden-
4 tification, evaluation, educational placement or provision of a free
5 appropriate public education to such student. The committee on special
6 education shall be responsible for oversight and monitoring of the
7 activities of each subcommittee to assure compliance with the require-
8 ments of applicable and federal law and regulations.
9 § 32. Subdivision 6 of section 4402 of the education law, as amended
10 by section 55-a of part H of chapter 83 of the laws of 2002, is amended
11 to read as follows:
12 6. Notwithstanding any other law, rule or regulation to the contrary,
13 the board of education of a city school district with a population of
14 one hundred twenty-five thousand or more inhabitants shall be permitted
15 to establish maximum class sizes for special classes for certain
16 students with disabilities in accordance with the provisions of this
17 subdivision. For the purpose of obtaining relief from any adverse fiscal
18 impact from under-utilization of special education resources due to low
19 student attendance in special education classes at the middle and
20 secondary level as determined by the commissioner, such boards of educa-
21 tion shall, during the school years nineteen hundred ninety-five--nine-
22 ty-six through June thirtieth, two thousand [three] five of the [two
23 thousand two--two thousand three] two thousand four--two thousand five
24 school year, be authorized to increase class sizes in special classes
25 containing students with disabilities whose age ranges are equivalent to
26 those of students in middle and secondary schools as defined by the
27 commissioner for purposes of this section by up to but not to exceed one
28 and two tenths times the applicable maximum class size specified in
29 regulations of the commissioner rounded up to the nearest whole number,
30 provided that in a city school district having a population of one
31 million or more, classes that have a maximum class size of fifteen may
32 be increased by no more than one student and provided that the projected
33 average class size shall not exceed the maximum specified in the appli-
34 cable regulation, provided that such authorization shall terminate on
35 June thirtieth, two thousand. Such authorization shall be granted upon
36 filing of a notice by such a board of education with the commissioner
37 stating the board's intention to increase such class sizes and a certif-
38 ication that the board will conduct a study of attendance problems at
39 the secondary level and will implement a corrective action plan to
40 increase the rate of attendance of students in such classes to at least
41 the rate for students attending regular education classes in secondary
42 schools of the district. Such corrective action plan shall be submitted
43 for approval by the commissioner by a date during the school year in
44 which such board increases class sizes as provided pursuant to this
45 subdivision to be prescribed by the commissioner. Upon at least thirty
46 days notice to the board of education, after conclusion of the school
47 year in which such board increases class sizes as provided pursuant to
48 this subdivision, the commissioner shall be authorized to terminate such
49 authorization upon a finding that the board has failed to develop or
50 implement an approved corrective action plan.
51 § 33. The section heading and subdivision 1 of section 4404 of the
52 education law, the section heading as amended by chapter 53 of the laws
53 of 1990 and subdivision 1 as amended by chapter 311 of the laws of 1999,
54 are amended to read as follows:
55 Appeal procedures for children with [handicapping conditions] disabil-
56 ities. 1. a. If the recommendation of the committee on special educa-
S. 1407 80 A. 2107
1 tion is not acceptable to the parent or person in parental relationship
2 of a student, or if the committee or board of education or trustees
3 fails to make or effectuate such a recommendation within such periods of
4 time as may be required by regulations of the commissioner, such parents
5 or persons in parental relationship shall notify the board of education
6 of this situation and the board shall appoint an impartial hearing offi-
7 cer to hear the appeal and make a determination within such period of
8 time as the commissioner by regulation shall determine, provided that
9 the board of education or trustees shall offer the parent or person in
10 parental relationship the option of mediation pursuant to section
11 forty-four hundred four-a of this article as an alternative to an impar-
12 tial hearing. Individuals so appointed by a board of education shall be
13 selected from a list of available hearing officers who have successfully
14 completed a hearing officer training program conducted by the department
15 according to a rotation selection process prescribed in regulations of
16 the commissioner; except that a city school district of a city having a
17 population of more than one million inhabitants shall be exempt from
18 such regulations to the extent it maintains its rotational selection
19 process in effect prior to July first, nineteen hundred ninety-three. A
20 record of proceedings before the hearing officer shall be maintained and
21 made available to the parties. The decision of the hearing officer shall
22 be binding upon both parties unless appealed to the state review offi-
23 cer. The commissioner shall establish a department training program
24 which shall be completed to the satisfaction of the commissioner as a
25 condition of certification. The commissioner shall develop and implement
26 a plan to ensure that no individual employed by a school district,
27 school or program serving students with disabilities placed by a school
28 district committee on special education acts as an impartial hearing
29 officer and that no individual employed by such schools or programs
30 serves as an impartial hearing officer for two years following the
31 termination of such employment. Such plan shall be fully implemented no
32 later than July first, nineteen hundred ninety-six. The commissioner
33 shall promulgate regulations establishing procedures for the suspension
34 or revocation of impartial hearing officer certification for good cause.
35 The commissioner shall establish [maximum] rates for the compensation of
36 impartial hearing officers subject to the approval of the director of
37 the division of the budget.
38 b. The commissioner shall promulgate regulations establishing proce-
39 dures and timelines for expedited hearings in cases involving: (a)
40 review of a decision that a student with a disability's behavior was not
41 a manifestation of such student's disability, or (b) review of an inter-
42 im alternative educational setting or other placement to the extent
43 required under federal law, or (c) a request by the school district for
44 a determination that maintaining the current educational placement of
45 the student is substantially likely to result in injury to the student
46 or to others.
47 c. The commissioner shall be authorized to promulgate any regulations
48 necessary to establish procedures for the conduct of impartial hearings,
49 consistent with Federal law, that are designed to assure that a final
50 decision is rendered by the impartial hearing officer within the time
51 prescribed by Federal law, or, where applicable, within the time
52 prescribed in section forty-four hundred ten of this article. Such
53 procedures may include, but shall not be limited to, a required pre-
54 hearing conference at which the impartial hearing officer shall deter-
55 mine the amount of time necessary to complete the hearing and shall
S. 1407 81 A. 2107
1 establish a schedule for the hearing that provides for hearings on
2 consecutive business days.
3 § 34. Subdivision 3 of section 4404 of the education law, as amended
4 by chapter 53 of the laws of 1990, is amended to read as follows:
5 3. Review of the determination of a state review officer regarding
6 children with [handicapping conditions] disabilities.
7 a. Any final determination or order of a state review officer denying
8 or limiting any special service or program to any child under this arti-
9 cle may only be reviewed in a proceeding brought in the supreme court
10 pursuant to article seventy-eight of the civil practice law and rules,
11 as modified by this subdivision, or in United States district court.
12 b. Notwithstanding the provisions of section seventy-eight hundred
13 three of the civil practice law and rules, upon review of any determi-
14 nation of the state review officer made as a result of a hearing at
15 which evidence was taken, subdivision four of such section seventy-eight
16 hundred three shall not apply, and a party may raise as a question
17 whether the determination was made as a result of a hearing held, and at
18 which evidence was taken, pursuant to direction by law is, on the entire
19 record, supported by a preponderance of the evidence. In addition, the
20 court in such proceeding shall, in accordance with paragraph (h) of
21 section seventy-eight hundred four of such law, hear additional evidence
22 at the request of a party.
23 c. In any such proceeding under article seventy-eight, the court may
24 grant any relief authorized by the provisions of section seventy-eight
25 hundred six of such law and rules, which shall include any relief avail-
26 able in a civil action under section six hundred fifteen of the individ-
27 uals with disabilities education act (20 U.S.C. section 1415) and also
28 may, in its discretion remand the proceedings to the state review offi-
29 cer for further consideration upon a finding that any relevant and mate-
30 rial evidence is then available which was not previously considered by
31 the commissioner.
32 § 34-a. Paragraph a of subdivision 3 of section 4405 of the education
33 law, as amended by chapter 57 of the laws of 1993, is amended to read as
34 follows:
35 a. (1) In addition to any other apportionments under the provisions of
36 this chapter, there shall be apportioned to each applicable school
37 district for each child with a handicapping condition in attendance in a
38 state school under the provisions of paragraph d of subdivision two of
39 section forty-four hundred one of this article [or an approved program
40 under the provisions of paragraphs e, f, g, h, i and l of such subdivi-
41 sion two], the product of such attendance, computed in accordance with
42 regulations of the commissioner, and the excess cost aid: an amount
43 computed by multiplying the excess cost, as defined in subdivision six
44 of section forty-four hundred one of this article by the excess cost aid
45 ratio defined in subdivision seven of [this] such section.
46 (2) Furthermore, there shall be apportioned to each applicable school
47 district for each child with a handicapping condition in attendance in
48 an approved program under the provisions of paragraphs e, f, g, h, i and
49 l of subdivision two of section forty-four hundred one of this article,
50 an amount equal to the sum of (i) the product of (A) one and seven
51 tenths, (B) such attendance computed in accordance with regulations of
52 the commissioner, and (C) the product of the lesser of the district's
53 expense per pupil calculated pursuant to paragraph f of subdivision one
54 of section thirty-six hundred two of this chapter or the statewide aver-
55 age of such expense, multiplied by the district's excess cost aid ratio
56 calculated pursuant to subparagraph two of subdivision nineteen of such
S. 1407 82 A. 2107
1 section thirty-six hundred two and (ii) an amount computed by multiply-
2 ing the district's excess cost aid ratio calculated pursuant to para-
3 graph two of subdivision nineteen of such section thirty-six hundred two
4 by the amount by which the approved program cost exceeds three times the
5 district's expense per pupil without limits.
6 § 35. Subparagraph 1 of paragraph a of subdivision 3 of section 4410
7 of the education law, as amended by chapter 311 of the laws of 1999, is
8 amended to read as follows:
9 (1) Such board shall ensure that such committee is composed of at
10 least the following members: (i) the parents of the preschool child;
11 (ii) a regular education teacher of such child, whenever the child is or
12 may be participating in a regular education environment; (iii) a special
13 education teacher of the child or, if appropriate, a special education
14 provider of the child; (iv) an appropriate professional employed by the
15 school district who is qualified to provide, or supervise the provision
16 of, special education, who is knowledgeable about the general curriculum
17 of the school district and the availability of preschool special educa-
18 tion programs and services and other resources in the school district
19 and the municipality, and who shall serve as chairperson of the commit-
20 tee; (v) [an additional parent of a child with a disability who resides
21 in the school district or a neighboring school district and whose child
22 is enrolled in a preschool or elementary level education program,
23 provided that such parent shall not be employed by or under contract
24 with the school district or municipality, and provided further that such
25 additional parent shall not be a required member if the parents request
26 that such additional parent member not participate; (vi)] an individual
27 who can interpret the instructional implications of evaluation results,
28 provided that such individual may be the member appointed pursuant to
29 clause (ii), (iii), (iv) or [(vii)] (vi) of this subparagraph where such
30 individuals are determined by the school district to have the knowledge
31 and expertise to do so; [(vii)] (vi) such other persons having knowledge
32 or expertise regarding the child as the board or the parents shall
33 designate, to the extent required under federal law; and for a child in
34 transition from programs and services provided pursuant to applicable
35 federal laws relating to early intervention services, the appropriate
36 professional designated by the agency that has been charged with the
37 responsibility for the preschool child pursuant to said applicable
38 federal laws. In addition, the chief executive officer of the munici-
39 pality of the preschool child's residence shall appoint an appropriately
40 certified or licensed professional to the committee. Attendance of the
41 appointee of the municipality shall not be required for a quorum.
42 § 36. Subparagraph (iii) of paragraph a of subdivision 9 of section
43 4410 of the education law, as amended by section 57-a of part H of chap-
44 ter 83 of the laws of 2002, is amended to read as follows:
45 (iii) Commencing July first, nineteen hundred ninety-six and continu-
46 ing through June thirtieth, two thousand [three] four, a moratorium on
47 the approval of any new or expanded programs in settings which include
48 only preschool children with disabilities is established. Exceptions
49 shall be made for cases in which school districts document a critical
50 need for a new or expanded program in a setting which includes only
51 preschool children with disabilities, to meet the projected demand for
52 services for preschool children in the least restrictive environment.
53 Applications for new or expanded programs may be made directly to the
54 state education department. Nothing herein shall prohibit the commis-
55 sioner from approving the modification of a full-day program into half-
56 day sessions.
S. 1407 83 A. 2107
1 Commencing July [1, 1999] first, nineteen hundred ninety-nine the
2 department shall only approve any new or expanded programs in settings
3 which include only preschool children with disabilities, if the appli-
4 cant can document a critical need for a new or expanded program in a
5 setting which includes only preschool children with disabilities to meet
6 the projected demand for services for preschool children in the least
7 restrictive environment. If the department determines that approval will
8 not be granted, it must notify the applicant, in writing, of its reasons
9 for not granting such approval. The department shall establish guide-
10 lines, within [90] ninety days of the effective date of this section
11 which shall state the criteria used to determine if the applicant has
12 demonstrated such a critical need. The department is authorized to
13 consult with the local school district to verify any data submitted.
14 On December [1, 2003] first, two thousand three the commissioner shall
15 submit a report to the board of regents, the majority leader of the
16 senate, the speaker of the assembly and governor evaluating the impact
17 of such moratorium on the availability of preschool special education
18 services. The report shall include: (i) information regarding the number
19 of applications for new programs and program expansions and the disposi-
20 tion of those applications by the commissioner; (ii) an assessment of
21 the projected need for additional classes serving only disabled children
22 and those serving disabled children with their non-disabled peers and in
23 other less restrictive settings; (iii) an assessment of the projected
24 need for additional programs due to program closings in the region,
25 number of children receiving early intervention services and existing
26 waiting lists; (iv) an assessment of the distance that children must be
27 transported to receive preschool special education services; (v) an
28 evaluation of the programmatic performance and cost-effectiveness of
29 existing programs; (vi) recommendations regarding ways in which improved
30 quality and cost-effectiveness could be achieved through the selective
31 expansion of effective programs and/or the curtailment of less effective
32 programs; and (vii) an assessment of the availability and effectiveness
33 of approved programs providing services to preschool children with
34 autism.
35 § 37. Subdivision 1 of section 101 of the general municipal law, as
36 amended by chapter 572 of the laws of 1964, is amended to read as
37 follows:
38 1. Every officer, board or agency of a political subdivision or of any
39 district therein, other than a school district or a board of cooperative
40 educational services or a city contracting on behalf of a city school
41 district, charged with the duty of preparing specifications or awarding
42 or entering into contracts for the erection, construction, recon-
43 struction or alteration of buildings, when the entire cost of such work
44 shall exceed fifty thousand dollars, shall prepare separate specifica-
45 tions for the following three subdivisions of the work to be performed:
46 a. Plumbing and gas fitting;
47 b. Steam heating, hot water heating, ventilating and air conditioning
48 apparatus; and
49 c. Electric wiring and standard illuminating fixtures.
50 § 38. Subdivision 9 of section 1689 of the public authorities law, as
51 amended by chapter 37 of the laws of 1976, is amended to read as
52 follows:
53 9. Any payment required to be made by a board of cooperative educa-
54 tional services to the authority shall be deemed an administrative or
55 capital expense within the meaning of section nineteen hundred fifty of
56 the education law.
S. 1407 84 A. 2107
1 § 39. Section 2435-d of the public authorities law, as added by
2 section 69 of part H of chapter 83 of the laws of 2002, is amended to
3 read as follows:
4 § 2435-d. Special school purpose agreements. In order to fulfill the
5 purposes of this title and to provide a means by which the special
6 school purpose municipalities may receive assistance to meet their obli-
7 gations and, notwithstanding any general or special law to the contrary,
8 the agency and each special school purpose municipality are hereby
9 authorized to enter into one or more special school purpose agreements
10 in accordance with the provisions of this title as to financing of costs
11 by the agency, the application of school aid revenues to the agency to
12 secure its bonds and further assurances in respect of the agency's
13 receipt of such revenues. Any such special school purpose agreements
14 shall not constitute indebtedness of the special school purpose munici-
15 pality for purposes of section 20.00 of the local finance law or any
16 constitutional or statutory limitation. In addition, any special school
17 purpose bonds issued in connection with such special school purpose
18 agreement shall not constitute a debt of the state or of the applicable
19 special school purpose municipality under any constitutional or statuto-
20 ry provision. Any such school aid revenues shall belong to the agency,
21 shall not be, or be treated as, revenues of the special school purpose
22 municipality for appropriation, accounting or any other purpose,
23 provided, however, that such school aid revenues shall be deemed to be
24 revenues of the special school purpose municipality for the purpose of
25 any computation of federal or state aid, and shall not be consolidated,
26 commingled or otherwise combined with any other moneys of the agency and
27 any such special school purpose agreement shall include a statement to
28 such effect. Any such school aid revenues and any such special school
29 purpose agreements may be pledged by the agency in accordance with and
30 with the effect of subdivision ten of section two thousand four hundred
31 thirty-seven of this title to secure its bonds and may not be modified
32 thereafter except as provided by the terms of the pledge. Each special
33 school purpose agreement shall specify the amount to be made available
34 to the respective special school purpose municipality through the
35 proceeds of an issue of special school purpose bonds and such other
36 matters as the agency shall determine necessary or desirable as to the
37 application of bond proceeds or the security of the bonds. Such special
38 school purpose agreement shall also provide that the agency shall not be
39 entitled to receive any special school purpose school aid revenues. The
40 receipt of the proceeds of any issue of special school purpose bonds by
41 the special school purpose municipality shall be deemed to satisfy an
42 equivalent amount of prior year claims owed to the school district of
43 such special school purpose municipality pursuant to section thirty-six
44 hundred four of the education law, and such proceeds provided pursuant
45 to this section shall not reduce the apportionments payable for approved
46 project costs pursuant to subdivisions six, six-a and six-b and para-
47 graph c of subdivision fourteen of section thirty-six hundred two and
48 subdivision twelve of section thirty-six hundred forty-one of the educa-
49 tion law and may be used by an eligible school district to fund the
50 principal amount of any costs that are in excess of the costs approved
51 for an apportionment pursuant to such subdivision six, six-a or six-b of
52 section thirty-six hundred two or subdivision twelve of section thirty-
53 six hundred forty-one of the education law.
54 § 40. Paragraph b of subdivision 1 of section 1734 and subdivisions 1
55 and 3 of section 1735 of the public authorities law are REPEALED.
56 § 41. Intentionally omitted.
S. 1407 85 A. 2107
1 § 42. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
2 section 3602 of the education law, as amended by section 60-a of part A
3 of chapter 60 of the laws of 2000, is amended to read as follows:
4 (b) For aid payable in the school years two thousand--two thousand one
5 and thereafter for all school building projects approved by the voters
6 of the school district or by the board of education of a city school
7 district in a city with more than one hundred twenty-five thousand
8 inhabitants, and/or the chancellor in a city school district in a city
9 having a population of one million or more, on or after July first, two
10 thousand and before July first, two thousand three, any school district
11 shall compute aid under the provisions of this subdivision using the
12 greater of (i) the building aid ratio computed for use in the current
13 year; or (ii) a building aid ratio equal to the difference of the aid
14 ratio that was used or that would have been used to compute an appor-
15 tionment pursuant to this subdivision in the nineteen hundred ninety-
16 nine--two thousand school year as such aid ratio is computed by the
17 commissioner based on data on file with the department on or before July
18 first of the third school year following the school year in which aid is
19 first payable, less one-tenth; or (iii) for any school district for
20 which the pupil wealth ratio is greater than two and five-tenths and for
21 which the alternate pupil wealth ratio is less than eighty-five
22 hundredths the additional building aid ratio; provided that, school
23 districts who are eligible for aid under paragraph f of subdivision
24 fourteen of this section may compute aid under the provisions of this
25 subdivision using the difference of the highest of the aid ratios so
26 computed for the reorganized district or the highest of the aid ratios
27 so computed for any of the individual school districts which existed
28 prior to the date of the reorganized school district less one-tenth.
29 § 43. Subdivision (c) of section 93 of part A of chapter 60 of the
30 laws of 2000 amending the education law, relating to the enactment of
31 major components necessary to the implementation of the 2000-01 state
32 fiscal plan, is amended to read as follows:
33 (c) [sections] section sixty [and sixty-a] of this act shall expire
34 and be deemed repealed June 30, 2004;
35 § 44. Intentionally Omitted.
36 § 45. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
37 of 1995, amending the education law and certain other laws relating to
38 state aid to school districts and the appropriation of funds for the
39 support of government, as amended by section 79-a of part H of chapter
40 83 of the laws of 2002, are amended to read as follows:
41 (22) sections one hundred twelve, one hundred thirteen, one hundred
42 fourteen, one hundred fifteen and one hundred sixteen of this act shall
43 take effect on July 1, 1995; provided, however, that section one hundred
44 thirteen of this act shall remain in full force and effect until July 1,
45 [2003] 2005 at which time it shall be deemed repealed;
46 (24) sections one hundred eighteen through one hundred thirty of this
47 act shall be deemed to have been in full force and effect on and after
48 July 1, 1995; provided further, however, that the amendments made pursu-
49 ant to section one hundred nineteen of this act shall be deemed to be
50 repealed on and after July 1, [2003] 2005;
51 § 46. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
52 relating to certain provisions related to the 1994-95 state operations,
53 aid to localities, capital projects and debt service budgets, as amended
54 by section 83 of part H of chapter 83 of the laws of 2002, is amended to
55 read as follows:
S. 1407 86 A. 2107
1 1. Sections one through seventy of this act shall be deemed to have
2 been in full force and effect as of April 1, 1994 provided, however,
3 that sections one, two, twenty-four, twenty-five and twenty-seven
4 through seventy of this act shall expire and be deemed repealed on March
5 31, 2000; provided, however, that section twenty of this act shall apply
6 only to hearings commenced prior to September 1, 1994, and provided
7 further that section twenty-six of this act shall expire and be deemed
8 repealed on March 31, 1997; and provided further that sections four
9 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
10 twenty-one-a of this act shall expire and be deemed repealed on March
11 31, 1997; and provided further that sections three, fifteen, seventeen,
12 twenty, twenty-two and twenty-three of this act shall expire and be
13 deemed repealed on March 31, [2004] 2005.
14 § 47. Section 6 of chapter 756 of the laws of 1992, relating to fund-
15 ing a program for work force education conducted by the consortium for
16 worker education in New York city, as amended by section 85 of part H of
17 chapter 83 of the laws of 2002, is amended to read as follows:
18 6. This act shall take effect July 1, 1992, and shall be deemed
19 repealed on June 30, [2003] 2004.
20 § 48. Section 11 of chapter 795 of the laws of 1967, amending the
21 education law, the public authorities law and the real property tax law
22 relating to authorizing boards of cooperative educational services to
23 own and construct buildings, is REPEALED.
24 § 49. Notwithstanding any provisions of law to the contrary, the allo-
25 cation of aid to public libraries for 2003-04 shall fund all aid recipi-
26 ents at the same percent of total aid as they were funded in 2002-03.
27 § 50. Special apportionment for salary expenses. a. Notwithstanding
28 any other provision of law, upon application to the commissioner of
29 education, not sooner than June 13, 2004 and not later than June 23,
30 2004, a school district eligible for an apportionment pursuant to
31 section 3602 of the education law shall be eligible to receive an appor-
32 tionment pursuant to this section, for the school year ending June 30,
33 2004, for salary expenses incurred between April 1 and June 30, 2004,
34 and such apportionment shall not exceed the deficit reduction assessment
35 of 1990-91 as determined by the commissioner of education, pursuant to
36 paragraph f of subdivision 1 of section 3602 of the education law, as in
37 effect through June 30, 1993, plus one hundred forty-four percent of
38 such amount for a city school district in a city with a population in
39 excess of one million inhabitants, and shall not exceed such salary
40 expenses. Such application shall be made by a school district, after the
41 board of education or trustees have adopted a resolution to do so and in
42 the case of a city school district in a city with a population in excess
43 of one hundred twenty-five thousand inhabitants, with the approval of
44 the mayor of such city.
45 b. The claim for an apportionment to be paid to a school district
46 pursuant to subdivision a of this section shall be submitted to the
47 commissioner of education on a form prescribed for such purpose, and
48 shall be payable upon determination by such commissioner that the form
49 has been submitted as prescribed. Such approved amounts shall be payable
50 on the same day on or before September, 2004, as funds provided pursuant
51 to subparagraph 3 of paragraph b of subdivision 4 of section 92-c of the
52 state finance law, on the audit and warrant of the state comptroller on
53 vouchers certified or approved by the commissioner of education in the
54 manner prescribed by law from moneys in the state lottery fund and from
55 the general fund to the extent that the amount paid to a school district
56 pursuant to subdivision c of this section exceeds the amount, if any,
S. 1407 87 A. 2107
1 due such school district pursuant to subparagraph (2) of paragraph a of
2 subdivision 1 of section 3609-a of the education law in the 2004-05
3 school year.
4 c. Notwithstanding the provisions of section 3609-a of the education
5 law, an amount equal to the amount paid to a school district pursuant to
6 subdivisions a and b of this section shall first be deducted from the
7 following payments due the school district during the 2004-05 school
8 year pursuant to the subparagraphs of paragraph a of subdivision 1 of
9 section 3609-a of the education law in the following order: the lottery
10 apportionment payable pursuant to subparagraph (2) of such paragraph
11 followed by the fixed fall payments payable pursuant to subparagraph (4)
12 of such paragraph and then followed by the districts payments to the
13 teachers' retirement system pursuant to subparagraph (1) of such para-
14 graph, and any remainder to be deducted from the individualized payments
15 due the district pursuant to paragraph b of such subdivision shall be
16 deducted on a chronological basis starting with the earliest payment due
17 the district.
18 § 51. Expenditures of the state education department. Notwithstanding
19 any other law, rule or regulation to the contrary, 2003-2004 state
20 fiscal year state operations appropriations made from the general fund
21 and/or special revenue, other funds to the state education department
22 shall be available for the payment of prior years' liabilities in such
23 fund or funds for fringe benefits, indirect costs, telecommunications
24 expenses and expenses for other centralized services. Payments for
25 prior years' liabilities in such fund or funds for expenses other than
26 those indicated above may not exceed a total of one million five hundred
27 thousand dollars ($1,500,000).
28 § 52. Notwithstanding any other law, rule or regulation to the contra-
29 ry, at the discretion of the commissioner of education, grants issued to
30 public entities by the state education department shall be exempt from
31 the provisions of paragraph (a) of subdivision 2 of section 112 of the
32 state finance law.
33 § 53. Severability. The provisions of this act shall be severable, and
34 if the application of any clause, sentence, paragraph, subdivision,
35 section or part of this act to any person or circumstance shall be
36 adjudged by any court of competent jurisdiction to be invalid, such
37 judgment shall not necessarily affect, impair or invalidate the applica-
38 tion of any such clause, sentence, paragraph, subdivision, section, part
39 of this act or remainder thereof, as the case may be, to any other
40 person or circumstance, but shall be confined in its operation to the
41 clause, sentence, paragraph, subdivision, section or part thereof
42 directly involved in the controversy in which such judgment shall have
43 been rendered.
44 § 54. This act shall take effect April 1, 2003, except that:
45 (1) sections one, two, two-a, three, three-a, thirty-seven, forty and
46 forty-eight of this act, shall take effect immediately and shall apply
47 to contracts entered into or on behalf of school districts and boards of
48 cooperative educational services on and after such effective date;
49 (2) sections four, five, nine and twenty-two of this act shall be
50 deemed to have been in full force and effect on and after February 1,
51 2003;
52 (3) sections eight, twelve, sixteen, eighteen, nineteen, twenty, twen-
53 ty-four, twenty-six, thirty-one and thirty-five of this act shall take
54 effect July 1, 2003;
55 (4) sections ten and thirty-nine of this act shall take effect imme-
56 diately;
S. 1407 88 A. 2107
1 (5) sections eleven, thirteen, fourteen, thirty-four-a and thirty-
2 eight of this act shall take effect July 1, 2004;
3 (6) section fifteen of this act shall take effect July 1, 2005;
4 (7) sections seventeen, twenty-one, twenty-eight, twenty-nine and
5 thirty of this act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after July 1, 2002;
7 (8) section twenty-three of this act shall take effect immediately,
8 and shall be deemed to have been in full force and effect on and after
9 the effective date of chapter 217 of the laws of 2001 as amended by
10 chapter 231 of the laws of 2002;
11 (9) section twenty-five of this act shall take effect immediately and
12 shall be deemed to have been in full force and effect on and after the
13 effective date of section 28 of part H of chapter 83 of the laws of
14 2002;
15 (10) sections twenty-seven, forty-nine, fifty-one and fifty-two of
16 this act shall take effect immediately, and shall be deemed to have been
17 in full force and effect on and after April 1, 2003;
18 (11) section thirty-three of this act shall take effect July 1, 2003,
19 provided that effective immediately the commissioner of education shall
20 be authorized to promulgate any regulations needed to implement such
21 section on such effective date;
22 (12) section thirty-four of this act shall take effect June 30, 2003,
23 and shall apply to proceedings commenced on or after such effective
24 date;
25 (13) section forty-two of this act shall be deemed to have been in
26 full force and effect on and after the effective date of section 60-a of
27 part A of chapter 60 of the laws of 2000;
28 (14) section forty-three of this act shall be deemed to have been in
29 full force and effect on and after the effective date of subdivision (c)
30 of section 93 of part A of chapter 60 of the laws of 2000;
31 (15) section forty-five of this act shall take effect immediately and
32 shall be deemed to have been in full force and effect as of the effec-
33 tive date of chapter 221 of the laws of 1998;
34 (16) section forty-six of this act shall be deemed to have been in
35 full force and effect on and after the effective date of section 101 of
36 chapter 436 of the laws of 1997;
37 (17) section forty-seven of this act shall take effect immediately,
38 and shall be deemed to have been in full force and effect on and after
39 the effective date of section 85 of part H of chapter 83 of the laws of
40 2002; and
41 (18) the amendments to subdivision 6 of section 4402 of the education
42 law, made by section thirty-two of this act, shall not affect the repeal
43 of such subdivision as provided by subdivision 24 of section 140 of
44 chapter 82 of the laws of 1995, as amended, and shall be deemed repealed
45 therewith.
REPEAL NOTES.--Subdivisions 1 and 2 of section 458 of the education
law, as proposed to be repealed by this act, relates to contracting
requirements for schools districts.
Subdivisions 1 and 2 of section 482 of the education law, as proposed
to be repealed by this act, relates to contracting requirements for
schools districts and boards of cooperative education.
Paragraph b of subdivision 1 of section 1734, and subdivisions 1 and 3
of section 1735 of the public authorities law as proposed to be repealed
by this act, relates to contracting requirements for boards of cooper-
ative education utilizing the dormitory authority.
S. 1407 89 A. 2107
1 Part E
2 Section 1. Subdivision 1 of section 202 of the education law is
3 REPEALED and a new subdivision 1 is added to read as follows:
4 1. (a) The number of members of the board of regents of the university
5 of the state of New York shall be six more than the number of judicial
6 districts of the state. The governor shall appoint a member from each of
7 the judicial districts of the state; the majority leader in the senate
8 shall appoint two at-large members; the speaker of the assembly shall
9 appoint two at-large members; the senate minority leader shall appoint
10 one at-large member; and the assembly minority leader shall appoint one
11 at-large member.
12 (b) Appointments to the board shall be for six-year terms, except as
13 provided in paragraph (c) of this subdivision.
14 (c) Initial appointments to the board shall be for staggered terms as
15 follows: One-third of the appointments by the governor, one-half of the
16 appointments by the majority leader of the senate and one-half of the
17 appointments by the speaker of the assembly shall be for two-year terms;
18 one- third of the appointments by the governor, one-half of the appoint-
19 ments by the majority leader of the senate and one-half of the appoint-
20 ments by the speaker of the assembly shall be for four-year terms; one-
21 third of the appointments by the governor, the appointment by the
22 minority leader of the senate and the appointment by the minority leader
23 of the assembly shall be for six-year terms.
24 § 2. Subdivision 2 of section 202 of the education law, as amended by
25 chapter 296 of the laws of 1984 and as designated by chapter 892 of the
26 laws of 1985, is amended to read as follows:
27 2. All vacancies in such office, either for full or unexpired terms,
28 shall be so filled that there shall always be in the membership of the
29 board of regents [at least] one resident [of] appointed by the governor
30 from each of the judicial districts. A vacancy in the office of regent
31 for other cause than expiration of term of service shall be filled for
32 the unexpired term [by an election at the session of the legislature
33 immediately following such vacancy in the manner prescribed in the
34 preceding paragraph, unless the legislature is in session when such
35 vacancy occurs, in which case the vacancy shall be filled by such legis-
36 lature in the manner prescribed in the preceding paragraph, except as
37 hereinafter provided. However, if such vacancy occurs after the second
38 Tuesday in March and before a resolution to adjourn sine die has been
39 adopted by either house, then the vacancy shall be filled by concurrent
40 resolution, unless the legislature fails to agree on such concurrent
41 resolution within three legislative days after its passage by one house,
42 in which case the two houses shall meet in joint session at noon on the
43 next legislative day and proceed to elect such regent by joint ballots;
44 provided, however, that if the vacancy occur after the adoption by
45 either house of a resolution to adjourn sine die, then the vacancy shall
46 be filled at the next session of the legislature in the manner
47 prescribed in the preceding paragraph] in the same manner as the
48 original appointment.
49 § 3. Subdivision 5 of section 202 of the education law is REPEALED and
50 a new subdivision 5 is added to read as follows:
51 5. Members of the board are required to comply with all requirements
52 in general, special or local law pertaining to the discharge of their
53 duties, including, but not limited to, those provisions setting forth
54 codes of ethics, disclosure requirements and prohibitions against any
55 business and professional activities.
S. 1407 90 A. 2107
1 § 4. Section 204 of the education law is amended to read as follows:
2 § 204. Meetings and absences. The regents may provide for regular
3 meetings, and the chancellor, or the commissioner of education, or any
4 [five] seven regents, may at any time call a special meeting of the
5 board of regents and fix the time and place therefor; and at least ten
6 days' notice of every meeting shall be mailed to the usual address of
7 each regent. Meetings of the board of regents shall be governed by
8 sections one hundred through one hundred eleven of the public officers
9 law relating to open meetings. If any regent shall fail to attend three
10 consecutive meetings, without excuse accepted as satisfactory by the
11 regents, he or she may be deemed to have resigned and the regents shall
12 then report the vacancy to the [legislature] body responsible for the
13 original appointment, which shall fill it.
14 § 5. Section 205 of the education law is amended to read as follows:
15 § 205. Quorum.[Seven] Ten regents attending shall be a quorum for the
16 transaction of business.
17 § 6. Section 207 of the education law is amended to read as follows:
18 § 207. Legislative power. 1. Subject and in conformity to the consti-
19 tution and laws of the state, the regents shall exercise legislative
20 functions concerning the educational system of the state, determine its
21 educational policies, and, except, as to the judicial functions of the
22 commissioner of education, establish rules for carrying into effect the
23 laws and policies of the state, relating to education, and the func-
24 tions, powers, duties and trusts conferred or charged upon the universi-
25 ty and the education department. But no enactment of the regents shall
26 modify in any degree the freedom of the governing body of any seminary
27 for the training of priests or clergymen to determine and regulate the
28 entire course of religious, doctrinal or theological instruction to be
29 given in such institution. No rule by which more than a majority vote
30 shall be required for any specified action by the regents shall be
31 amended, suspended or repealed by a smaller vote than that required for
32 action thereunder. Rules or regulations, or amendments or repeals ther-
33 eof, adopted or prescribed by the commissioner of education as provided
34 by law shall not be effective unless and until approved by the regents,
35 except where authority is conferred by the regents upon the commissioner
36 of education to adopt, prescribe, amend or repeal such rules or regu-
37 lations.
38 2. In the event no statutory authorization has been provided for a
39 proposed rule or regulation of the regents or the commissioner that has
40 projected additional costs to the state government, local governments or
41 the university of the state of New York, such proposed rule or regu-
42 lation shall be submitted for review and approval by the state director
43 of regulatory reform before the regents or the commissioner may submit
44 such rule or regulation for publication in the state register. Such cost
45 implications shall be presented in a regulatory impact statement or
46 revised regulatory impact statement prepared pursuant to section two
47 hundred two-a of the state administrative procedure act, and submitted
48 by the department to the state director of regulatory reform along with
49 the text of the proposed or revised rule. In the event any rule or regu-
50 lation adopted by the regents or the commissioner which is determined
51 not to require review and approval by the state director of regulatory
52 reform, pursuant to the conditions stated in this section, is subse-
53 quently identified by the state director of regulatory reform as impos-
54 ing such additional cost, such rule or regulation shall cease to be
55 mandatory in effect and shall become voluntary in operation.
S. 1407 91 A. 2107
1 § 7. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
2 the education law, as amended by section 11 of part A of chapter 436 of
3 the laws of 1997, is amended to read as follows:
4 (2) Notwithstanding any inconsistent provision of law in no event
5 shall the total salary [including amounts paid pursuant to section twen-
6 ty-two hundred nine of this chapter] for district superintendents exceed
7 ninety-eight percent of that earned by the commissioner for state fiscal
8 year nineteen hundred ninety-two--ninety-three, and in no event shall
9 any district superintendent be permitted to accumulate vacation or sick
10 leave credits in excess of the vacation and sick leave credits
11 managerial/confidential employees of the state are permitted to accumu-
12 late pursuant to regulations promulgated by the state civil service
13 commission, nor may any district superintendent at the time of sepa-
14 ration from service be compensated for accrued and unused vacation cred-
15 its or sick leave, or use accrued and unused sick leave for retirement
16 service credit or to pay for health insurance in retirement, at a rate
17 in excess of the rate permitted to managerial/confidential employees of
18 the state pursuant to regulations of the state civil service commission.
19 In addition to the payment of [supplementary] salary, a board of cooper-
20 ative educational services may provide for the payment of all or a
21 portion of the cost of insurance benefits for the district superinten-
22 dent of schools, including but not limited to health insurance, disabil-
23 ity insurance, life insurance or any other form of insurance benefit
24 made available to managerial/confidential employees of the state;
25 provided that any such payments for whole life, split dollar or other
26 life insurance policies having a cash value shall be included in the
27 total salary of the district superintendent for purposes of this subpar-
28 agraph, and provided further that any payments for the employee contrib-
29 ution, co-pay or uncovered medical expenses under a health insurance
30 plan also shall be included in the total salary of the district super-
31 intendent. Notwithstanding any other provision of law, payments for such
32 insurance benefits may be based on the district superintendent's total
33 salary [or the amount of his or her supplementary salary only]. Any
34 payments for transportation or travel expenses in excess of actual,
35 documented expenses incurred in the performance of duties for the board
36 of cooperative educational services [or the state], and any other lump
37 sum payment not specifically excluded from total salary pursuant to this
38 subparagraph, shall be included in the total salary of the district
39 superintendent for purposes of this subparagraph. Nothing herein shall
40 prohibit a district superintendent from waiving any rights provided for
41 in an existing contract or agreement as hereafter prohibited in favor of
42 revised compensation or benefit provisions as permitted herein. In no
43 event shall the terms of the district superintendent's contract, includ-
44 ing any provisions relating to an increase in salary, compensation or
45 other benefits, be contingent upon the terms of any contract or collec-
46 tive bargaining agreement between the board of cooperative educational
47 services and its teachers or other employees. The commissioner may adopt
48 regulations for the purpose of implementing the provisions of this para-
49 graph.
50 § 8. Section 2209 of the education law, subdivision 1 as amended by
51 chapter 295 of the laws of 1993, is amended to read as follows:
52 § 2209. Salary of district superintendent. [1. Each district super-
53 intendent shall receive an annual salary from the state of forty-three
54 thousand four hundred ninety-nine dollars, payable by the commissioner
55 of education from moneys appropriated therefor, and in no event shall
S. 1407 92 A. 2107
1 any moneys in excess of such amount be paid for such salaries unless
2 this section is amended or explicitly notwithstood.
3 2.] The supervisors of the towns composing any supervisory district
4 may by adopting a resolution by a majority vote increase the salary to
5 be paid by such district to its district superintendent. Such supervi-
6 sors must thereupon file with the clerk of the board of supervisors a
7 certificate showing the amount of such increase. The board of supervi-
8 sors of each county shall levy such amount annually by tax on the towns
9 composing such supervisory district within the county.
10 § 9. Section 2211 of the education law is REPEALED.
11 § 10. The opening paragraph and subdivisions 1, 2, 6, 8, 9, 10, 12,
12 13, 14, 15 and 16 of section 2215 of the education law, subdivisions 6
13 and 8 as amended and subdivision 16 as added by chapter 474 of the laws
14 of 1996, subdivision 12 as amended by chapter 310 of the laws of 1962,
15 subdivision 14 as amended by chapter 744 of the laws of 1952, and subdi-
16 vision 15 as amended by chapter 57 of the laws of 1993, are amended to
17 read as follows:
18 A district superintendent of schools shall have power and it shall be
19 his or her duty: 1. To inquire from time to time into and ascertain
20 whether the boundaries of the school districts within his or her super-
21 visory district are definitely and plainly described in the records of
22 the office of the proper town clerk; to cause to be made and filed in
23 the [education] department a record of such boundaries; and in case the
24 record of the boundaries of any school district shall be found indefi-
25 nite or defective, or if the same shall be in dispute, then to cause the
26 same to be amended or an amended record of the boundaries to be made and
27 filed in the office of the proper town clerk and in the [education]
28 department. All necessary expenses incurred in making and filing such
29 records and in establishing such amended records shall be a charge on
30 the district or districts affected, to be audited and allowed by the
31 trustees thereof, on the certificate of the district superintendent.
32 2. To assemble all the teachers of his or her district by towns or
33 otherwise, for the purpose of conference on the course of study, for
34 reports of and advice and counsel in relation to discipline, school
35 management and other school work, and for promoting the general good of
36 all the schools of the district. Teachers shall be entitled to compen-
37 sation for days actually in attendance upon such conference.
38 6. [At the direction of the commissioner, to] To direct the trustees
39 of any district to abate any nuisance in or on the school grounds.
40 8. [At the direction of the commissioner, to] To condemn a schoolhouse
41 as provided in section four hundred twelve of this chapter.
42 9. To examine and license teachers pursuant to the provisions of this
43 chapter. [He shall also conduct such other examinations as the commis-
44 sioner of education shall direct.]
45 10. To examine any charge affecting the moral character of any teacher
46 residing or employed within his or her district, and to revoke such
47 teachers' certificate as provided by section three thousand eighteen of
48 this chapter.
49 12. To take and report to the commissioner [of education under the
50 direction of such commissioner] testimony in a case on appeal. In such a
51 case or in any matter or proceeding to be heard or determined by the
52 district superintendent, he or she may issue a subpoena to compel the
53 attendance of a witness. A subpoena issued under this section shall be
54 regulated by the civil practice law and rules.
55 13. To exercise in his or her discretion any of the powers and perform
56 any of the duties of another district superintendent on the written
S. 1407 93 A. 2107
1 request of such other superintendent[, and he must exercise such powers
2 and perform such duties when directed to do so by the commissioner of
3 education].
4 14. To make such investigations and to make such reports to the
5 commissioner [of education] upon any matter or act [as said commissioner
6 shall from time to time request] as appropriate. He or she shall make
7 an annual report on the first day of August [in such form and giving
8 such information as] to the commissioner [of education shall require].
9 15. To participate in the permanent computerized statewide school
10 district address match and income verification system as provided in
11 section one hundred seventy-one of the tax law, and cooperative agree-
12 ment pursuant thereto [and as directed by the commissioner].
13 16. To report to the commissioner [under the direction of such commis-
14 sioner] on cost-effective practices as defined in section two hundred
15 fifteen-c of this chapter in school districts within his or her supervi-
16 sory district.
17 § 11. Paragraph d of subdivision 3 of section 233-a of the county law,
18 as added by chapter 593 of the laws of 1950, is amended to read as
19 follows:
20 d. Increase of salary of a district superintendent of schools pursuant
21 to [subdivision two of] section twenty-two hundred nine of the education
22 law. A tax so levied upon property in a town shall be treated as a
23 purpose of and a charge against such town.
24 § 12. Transition of the board of regents. 1. Notwithstanding any
25 inconsistent provision of law to the contrary, the board established
26 pursuant to subdivision 1 of section 202 of the education law as added
27 by section one of this act is hereby authorized to exercise the powers
28 of such board if at least ten members have been appointed to the board,
29 and such board may take any action which the board is otherwise author-
30 ized to take upon a favorable vote of a majority of the board members
31 present at the meeting at which such action is taken.
32 2. The terms of office of all members serving on the board of regents
33 on the effective date of this act shall be deemed terminated on the date
34 on which the members of the board who have been appointed pursuant to
35 section one of this act hold the first meeting of such board to exercise
36 the board's powers to take actions as authorized in subdivision one of
37 this section.
38 3. The provisions of this section shall expire and shall be deemed
39 repealed upon the appointment of all eighteen members of the board.
40 § 13. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2003.
REPEAL NOTES.--Subdivision 1 of section 202 of the education law,
proposed to be repealed by this act, prescribes the number of the
members of the board of regents and the process for their selection.
Subdivision 5 of section 202 of the education law, proposed to be
repealed by this act, provides for financial disclosure statements by
members of the board of regents.
Section 2211 of the education law, proposed to be repealed by this
act, authorizes the education commissioner to withhold the salary of
superintendents for dereliction of duty.
42 Part F
43 Section 1. Subdivision 3 of section 667 of the education law, as added
44 by chapter 83 of the laws of 1995, paragraph a as amended by section 1
45 of part B, clause (B) of subparagraph (i) of paragraph b as amended by
S. 1407 94 A. 2107
1 section 2 of part B, subparagraph (iv) of paragraph b as amended by
2 section 3 of part B and clause (B) of subparagraph (i) of paragraph c as
3 amended by section 4 of part B of chapter 60 of the laws of 2000, and
4 paragraph b as amended by chapter 309 of the laws of 1996, is amended to
5 read as follows:
6 3. Tuition assistance program awards. a. Amount. The president shall
7 make awards to students enrolled in degree-granting institutions or
8 registered not-for-profit business schools qualified for tax exemption
9 under § 501(c)(3) of the internal revenue code for federal income tax
10 purposes in the following amounts:
11 (i) For each year of undergraduate study, assistance shall be provided
12 as computed on the basis of the amount which is the lesser of the
13 following:
14 (A) (1) In the case of students who have not been granted an exclusion
15 of parental income or had a dependent for income tax purposes during the
16 tax year next preceding the academic year for which application is made:
17 (a) For students first receiving aid after nineteen hundred ninety-
18 three--nineteen hundred ninety-four and before two thousand--two thou-
19 sand one, four thousand one hundred twenty-five dollars; or
20 (b) For students first receiving aid in nineteen hundred ninety-three-
21 -nineteen hundred ninety-four or earlier, three thousand five hundred
22 seventy-five dollars; or
23 (c) For students first receiving aid in [the] two thousand--two thou-
24 sand one and thereafter, five thousand dollars.
25 (2) In the case of students receiving awards pursuant to subparagraph
26 (iii) of this paragraph.
27 (a) For students first receiving aid in nineteen hundred ninety-four
28 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
29 teen hundred ninety-six and thereafter, three thousand twenty-five
30 dollars, or
31 (b) For students first receiving aid in nineteen hundred ninety-two--
32 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
33 teen hundred ninety-four, two thousand five hundred seventy-five
34 dollars, or
35 (c) For students first receiving aid in nineteen hundred ninety-one--
36 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
37 dollars; or
38 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
39 educational fees) charged and, if applicable, the college fee levied by
40 the state university of New York pursuant to the April first, nineteen
41 hundred sixty-four financing agreement with the New York state dormitory
42 authority.
43 (2) For the two thousand one--two thousand two academic year and ther-
44 eafter one hundred percent of the amount of tuition (exclusive of educa-
45 tional fees) charged and, if applicable, the college fee levied by the
46 state university of New York pursuant to the April first, nineteen
47 hundred sixty-four financing agreement, as subsequently amended, with
48 the New York state dormitory authority.
49 (ii) Except for students as noted in subparagraph (iii) of this para-
50 graph, the base amount as determined from subparagraph (i) of this para-
51 graph, shall be reduced in relation to income as follows:
52 Amount of income Schedule of reduction
53 of base amount
54 (A) Less than seven thousand None
S. 1407 95 A. 2107
1 dollars
2 (B) Seven thousand dollars or Seven per centum of excess
3 more, but less than eleven over seven thousand dollars
4 thousand dollars
5 (C) Eleven thousand dollars or Two hundred eighty dollars
6 more, but less than eighteen plus ten per centum of excess
7 thousand dollars over eleven thousand dollars
8 (D) Eighteen thousand dollars or Nine hundred eighty dollars
9 more, but not more than eighty plus twelve per centum of
10 thousand dollars excess over eighteen
11 thousand dollars
12 (iii) For students who have been granted exclusion of parental income
13 and were single with no dependent for income tax purposes during the tax
14 year next preceding the academic year for which application is made, the
15 base amount, as determined in subparagraph (i) of this paragraph, shall
16 be reduced in relation to income as follows:
17 Amount of income Schedule of reduction
18 of base amount
19 (A) Less than three thousand None
20 dollars
21 (B) Three thousand dollars or Thirty-one per centum of
22 more, but not more than ten amount in excess of three
23 thousand dollars thousand dollars
24 (iv) If the amount of reduction is not a whole dollar, it shall be
25 reduced to the next lowest whole dollar. In the case of any student who
26 has received four or more payments pursuant to any and all awards
27 provided for in this subdivision, for the two thousand--two thousand one
28 academic year the base amount shall be reduced by an additional one
29 hundred fifty dollars for the two thousand one--two thousand two academ-
30 ic year and thereafter the base amount shall be reduced by an additional
31 one hundred dollars.
32 (v) The award shall be the net amount of the base amount determined
33 pursuant to subparagraph (i) of this paragraph reduced pursuant to
34 subparagraph (ii) or (iii) of this paragraph but the award shall not be
35 reduced for the two thousand--two thousand one and two thousand one--two
36 thousand two academic years below two hundred seventy-five dollars if
37 the amount of income is eighty thousand dollars or less and more than
38 seventy thousand dollars, three hundred twenty-five dollars if the
39 amount of income is seventy thousand dollars or less and more than sixty
40 thousand dollars and four hundred twenty-five dollars if the amount of
41 income is sixty thousand dollars or less.
42 (vi) For the two thousand two--two thousand three academic year and
43 thereafter, the award shall be the net amount of the base amount deter-
44 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
45 subparagraph (ii) or (iii) of this paragraph but the award shall not be
46 reduced below five hundred dollars.
47 (vii) The awards as determined pursuant to subparagraphs (i), (ii),
48 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
49 (vi) of this paragraph shall further be reduced by one-third to create a
50 base award for supplementation by a performance award.
51 b. Amount. The president shall make awards to students enrolled in two
52 year programs offered in registered private business schools except for
S. 1407 96 A. 2107
1 registered not-for-profit business schools qualified for tax exemption
2 under section 501(c)(3) of the internal revenue code for federal income
3 tax purposes in the following amounts:
4 (i) For each year of study, assistance shall be provided as computed
5 on the basis of the amount which is the lesser of the following:
6 (A) (1) eight hundred dollars, or
7 (2) for students receiving awards pursuant to subparagraph (iii) of
8 this paragraph, six hundred forty dollars; or
9 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
10 educational fees) charged.
11 (2) For the two thousand one--two thousand two academic year and ther-
12 eafter one hundred percent of the amount of tuition (exclusive of educa-
13 tional fees).
14 (ii) Except for students as noted in subparagraph (iii) of this para-
15 graph, the base amount as determined in subparagraph (i) of this para-
16 graph, shall be reduced in relation to income as follows:
17 Amount of income Schedule of reduction
18 of base amount
19 (A) Less than seven thousand None
20 dollars
21 (B) Seven thousand dollars or Seven per centum of the excess
22 more, but less than eleven over seven thousand dollars
23 thousand dollars
24 (C) For students first receiving aid:
25 (1) for the first time in academic years nineteen hundred eighty-nine-
26 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred
27 ninety-three and nineteen hundred ninety-three--nineteen hundred nine-
28 ty-four:
29 Amount of income Schedule of reduction of
30 base amount
31 Eleven thousand dollars or Two hundred eighty dollars plus
32 more but not more than forty- ten per centum of the excess
33 two thousand five hundred over eleven thousand dollars
34 dollars
35 (2) for the first time in academic years nineteen hundred ninety--
36 nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen
37 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
38 ty-five and thereafter:
39 Amount of income Schedule of reduction of
40 base amount
41 Eleven thousand dollars or Two hundred eighty dollars plus
42 more but not more than fifty ten per centum of the excess
43 thousand five hundred over eleven thousand dollars
44 dollars
45 (3) for the first time in academic years prior to academic year nine-
46 teen hundred eighty-nine--nineteen hundred ninety:
S. 1407 97 A. 2107
1 Amount of income Schedule of reduction of
2 base amount
3 Eleven thousand dollars or Two hundred eighty dollars plus
4 more but not more than thirty- ten per centum of the excess over
5 four thousand two hundred fifty eleven thousand dollars
6 dollars
7 (iii) For students who have been granted exclusion of parental income
8 and were single with no dependent for income tax purposes during the tax
9 year next preceding the academic year for which application is made, the
10 base amount, as determined in subparagraph (i) of this paragraph, shall
11 be reduced in relation to income as follows:
12 Amount of income Schedule of reduction of
13 base amount
14 (A) Less than three thousand None
15 dollars
16 (B) Three thousand dollars or Thirty-one per centum of the ex-
17 more, but not more than ten cess over three thousand dollars
18 thousand dollars
19 (iv) If the amount of reduction is not a whole dollar, it shall be
20 reduced to the next lowest whole dollar. In the case of any student who
21 has received four or more payments pursuant to any and all awards
22 provided for in this subdivision, for the two thousand--two thousand one
23 academic year the base amount shall be reduced by an additional one
24 hundred fifty dollars for the two thousand one--two thousand two academ-
25 ic year and thereafter the base amount shall be reduced by an additional
26 one hundred dollars.
27 (v) The award shall be the net amount of the base amount determined
28 pursuant to subparagraph (i) of this paragraph reduced pursuant to
29 subparagraph (ii) or (iii) of this paragraph but the award shall not be
30 reduced below one hundred dollars. If the income exceeds the maximum
31 amount of income allowable under subparagraph (ii) or (iii) of this
32 paragraph, no award shall be made.
33 (vi) The awards as determined pursuant to subparagraphs (i), (ii),
34 (iii) and (iv) of this paragraph as adjusted pursuant to subparagraph
35 (v) of this paragraph shall further be reduced by one-third to create a
36 base award for supplementation by a performance award.
37 c. Amount. The president shall make awards to graduate students in the
38 following amounts:
39 (i) For each year of graduate study, assistance shall be provided as
40 computed on the basis of the amount which is the lesser of the follow-
41 ing:
42 (A) Five hundred fifty dollars; or
43 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
44 [education] educational fees) charged.
45 (2) For the two thousand one--two thousand two academic year and ther-
46 eafter one hundred percent of the amount of tuition (exclusive of educa-
47 tional fees).
48 (ii) Except for students as noted in subparagraph (iii) of this para-
49 graph, the base amount as determined in subparagraph (i) of this para-
50 graph, shall be reduced in relation to income as follows:
S. 1407 98 A. 2107
1 Amount of income Schedule of reduction of
2 base amount
3 (A) Less than two thousand None
4 dollars
5 (B) Two thousand dollars or more, Seven and seven-tenths
6 but not more than twenty thou- per centum of the excess over two
7 sand dollars thousand dollars
8 (iii) For students who have been granted exclusion of parental income
9 and were single with no dependent for income tax purposes during the tax
10 year next preceding the academic year for which application is made, the
11 base amount as determined in subparagraph (i) of this paragraph, shall
12 be reduced in relation to income as follows:
13 Amount of income Schedule of reduction
14 of base amount
15 (A) Less than one thousand None
16 dollars
17 (B) One thousand dollars or Twenty-six per centum of the excess
18 more, but not more than five over one thousand dollars
19 thousand six hundred sixty-
20 six dollars
21 (iv) If the amount of reduction is not a whole dollar, it shall be
22 reduced to the next lowest whole dollar.
23 (v) The award shall be the net amount of the base amount determined
24 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
25 shall not be reduced below seventy-five dollars. If the income exceeds
26 the maximum amount of income allowable under subparagraph (ii) or (iii)
27 of this paragraph, no award shall be made.
28 d. Restrictions. In no [even shall] event shall any award:
29 (i) be made unless the annual tuition (exclusive of educational fees)
30 and, if applicable, the college fee levied by the state university of
31 New York pursuant to the April first, nineteen hundred sixty-four
32 financing agreement, as subsequently amended, with the New York state
33 dormitory authority charged for the program in which the student is
34 enrolled total at least two hundred dollars; or
35 (ii) exceed the amount by which such annual tuition (exclusive of
36 educational fees) and, if applicable, the college fee levied by the
37 state university of New York pursuant to the April first, nineteen
38 hundred sixty-four financing agreement, as subsequently amended, with
39 the New York state dormitory authority exceed the total of all other
40 state, federal, or other educational aid that is received or receivable
41 by such student during the school year for which such award is applica-
42 ble and that, in the judgment of the commissioner, would duplicate the
43 purposes of the award; or
44 (iii) be made when income exceeds the maximum income set forth in this
45 subdivision. The commissioner shall list in his regulations all major
46 state and federal financial aid available to New York state students and
47 identify any forms of aid that are duplicative of the purposes of the
48 tuition assistance program. For the purposes of this subdivision,
49 neither United States war orphan educational benefits nor benefits under
50 the veterans' readjustment act of nineteen hundred sixty-six shall be
51 considered as federal or other educational aid.
S. 1407 99 A. 2107
1 § 2. Section 667 of the education law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. Student performance award. a. An undergraduate student who
4 completes an approved program as defined in section six hundred one of
5 this title shall be eligible for a performance award. A "performance
6 award" shall be defined as the aggregate amount of the reductions in
7 awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
8 agraph (vi) of paragraph b of subdivision three of this section and the
9 interest (if any) accrued on any loans received by or on behalf of the
10 undergraduate student under Title IV of the Higher Education Act of
11 1965, as amended, and this article for the purpose of financing such
12 reductions in awards.
13 b. Student performance awards will be made to eligible students certi-
14 fied by the institution of post-secondary education in a format to be
15 prescribed by the president as meeting the requirement of paragraph a of
16 this subdivision.
17 c. The president shall be responsible for calculating the dollar
18 amount of the performance award for which a student is eligible and
19 shall be responsible for all performance award payments. The amount of
20 interest paid shall not exceed the amount that would accrue on a loan
21 that is repaid in a ten year repayment schedule.
22 § 3. Subdivision 1 of section 680 of the education law is amended by
23 adding a new paragraph d to read as follows:
24 d. To lend money or guarantee loans, consistent with applicable state
25 law, and, upon such terms as the board may prescribe to persons who are
26 eligible for the tuition assistance loan program, to assist in meeting
27 their post-secondary education tuition expenses.
28 § 4. The education law is amended by adding a new section 680-a to
29 read as follows:
30 § 680-a. Tuition assistance loan program. 1. Recipient qualifica-
31 tions. The president shall make or guarantee loans to a student who
32 received an award under section six hundred sixty-seven of this article
33 upon demonstration that the student has received the maximum annual loan
34 amount available under the federal guaranteed loan program or the feder-
35 al direct loan program.
36 2. Amount. The president shall make or guarantee loans to eligible
37 students for the amount of the annual reduction in awards applied pursu-
38 ant to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
39 graph b of subdivision three of section six hundred sixty-seven of this
40 article that are still remaining after receipt of the maximum annual
41 loan amounts available under the federal guaranteed loan program or the
42 federal direct loan program.
43 3. Repayment of loan. Any loan made or guaranteed by the corporation
44 pursuant to this section shall have the same terms and conditions as
45 student loans under Part B of Title IV of the Higher Education Act of
46 1965, as amended, provided that the loan shall accrue interest at the
47 same rate as PLUS loans under Part B of Title IV of the Higher Education
48 Act of 1965, as amended.
49 § 5. This act shall take effect April 1, 2003; provided, however, if
50 this act shall become a law after such date it shall take effect imme-
51 diately and shall be deemed to have been in full force and effect on and
52 after April 1, 2003 and shall apply to the academic years starting July
53 1, 2003 and thereafter.
54 Part G
S. 1407 100 A. 2107
1 Section 1. Subdivision 3 of section 333 of the real property law, as
2 amended by chapter 259 of the laws of 2002, is amended to read as
3 follows:
4 3. The recording officer of every county and the city of New York
5 shall impose a fee of [twenty-five] fifty dollars for every [sales] real
6 property transfer reporting form submitted for recording as required
7 under subdivision one-e of this section. The recording officer shall
8 [return eighty-eight percent of the revenue collected] remit forty-one
9 dollars from such fee to the state office of real property services
10 every month[. All revenue collected and returned to the state office of
11 real property services shall be deposited] for deposit in the improve-
12 ment of real property tax administration account established pursuant to
13 section ninety-seven-ll of the state finance law. The remainder of the
14 revenue collected shall be retained by the county or by the city of New
15 York.
16 § 2. Section 97-11 of the state finance law, as added by chapter 166
17 of the laws of 1991, subdivisions 2 and 3 as amended by chapter 385 of
18 the laws of 1994, is amended to read as follows:
19 § 97-ll. Improvement of real property tax administration account. 1.
20 There is hereby established in the joint custody of the state comp-
21 troller and the commissioner of taxation and finance [a] an improvement
22 of real property tax administration account within the miscellaneous
23 special revenue fund.
24 2. All revenue received by the state office of real property services
25 from the state share of a [real property sales] recording fee pertaining
26 to the transfer of real property shall be deposited to the credit of the
27 improvement of real property tax administration account.
28 3. Moneys within the improvement of real property tax administration
29 account, upon appropriation by the legislature, shall be available to
30 the state office of real property services for all services and expenses
31 of the state office which relate to activities including, but not limit-
32 ed to, preparation and certification of state equalization rates, the
33 administration of state technical and financial assistance to local
34 governments, review and certification of adjusted base proportions for
35 special assessing units and approved assessing units pursuant to arti-
36 cles eighteen and nineteen of the real property tax law, the determi-
37 nation of class equalization rates for portions within special assessing
38 units and approved assessing units pursuant to article twelve of the
39 real property tax law, continuance of the market value survey cycle,
40 maintenance of effort in the production of agricultural lands value
41 assessments, advisory appraisals, and assessor training and certif-
42 ication.
43 § 3. This act shall take effect April 1, 2003.
44 Part H
45 Section 1. Section 2 of chapter 540 of the laws of 1992, amending the
46 real property tax law relating to oil and gas charges, as amended by
47 chapter 17 of the laws of 2000, is amended to read as follows:
48 § 2. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 1992; provided,
50 however that any charges imposed by section 593 of the real property tax
51 law as added by section one of this act shall first be due for values
52 for assessment rolls with tentative completion dates after July 1,
53 1992[, and provided further, that this act shall remain in full force
S. 1407 101 A. 2107
1 and effect until March 31, 2003 at which time section 593 of the real
2 property tax law as added by section one of this act shall be repealed].
3 § 2. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after March 31, 2003.
5 PART I
6 Section 1. Articles 21 and 23-A and section 4210 of the education law
7 are REPEALED.
8 § 2. The labor law is amended by adding a new article 32 to read as
9 follows:
10 ARTICLE 32
11 VOCATIONAL REHABILITATION
12 Section 1000. Definitions.
13 1001. Application for vocational rehabilitation.
14 1002. Powers and duties of the department.
15 1003. Sheltered workshops for the mentally retarded, mentally
16 ill and severely physically handicapped.
17 1004. Integrated employment opportunities for individuals with
18 severe disabilities.
19 1005. Gifts and donations.
20 1006. Acceptance of law of the United States.
21 1007. Vocational rehabilitation records.
22 1008. Use of appropriations.
23 1009. Powers and duties of the department relating to vocational
24 rehabilitation of blind persons.
25 1010. Aid for blind and deaf students.
26 § 1000. Definitions. As used in this article:
27 1. "Handicapped person" means any person who in the judgment of the
28 department is under a physical or mental disability which constitutes a
29 substantial handicap to employment but which is of such a nature that
30 vocational rehabilitation services may reasonably be expected to render
31 him or her fit to engage in gainful employment, and also any person
32 under a physical or mental disability which constitutes a substantial
33 handicap to employment and for whom vocational rehabilitation services
34 are necessary to ascertain his or her rehabilitation potential.
35 2. "Person who is under a physical or mental disability" means an
36 individual who has a physical or mental condition which in the judgment
37 of the department limits, contributes to limiting, or, if not corrected,
38 will result in limiting his or her activities or functioning.
39 3. "Substantial handicap to employment" means that a physical or
40 mental disability (in the light of attendant medical, psychological,
41 vocational, educational, cultural, social or environmental factors)
42 impedes an individual's occupational performance, by preventing his or
43 her obtaining, retaining, or preparing for a gainful occupation consist-
44 ent with his or her capacities and abilities.
45 4. "Gainful occupation" includes any employment for which a compen-
46 sation is paid either in goods and/or in services; practice of a profes-
47 sion; self-employment; homemaking, farm or family work (including work
48 for which payment is in kind rather than in cash); sheltered employment;
49 and home industries or other gainful homebound work.
50 5. "Vocational rehabilitation services" means:
51 (a) Any goods and services necessary to render a handicapped person
52 fit to engage in a gainful occupation and includes:
S. 1407 102 A. 2107
1 (1) Evaluation, including diagnostic and related services;
2 (2) Counseling and guidance;
3 (3) Training;
4 (4) Placement;
5 (5) Reader service where necessary for individuals who are visually
6 handicapped and interpreter services in the case of individuals who are
7 deaf;
8 (6) Attendants and amanuenses where required;
9 (7) Occupational and business licenses;
10 (8) Books, training supplies and fees;
11 (9) Transportation;
12 (10) Physical restoration services;
13 (11) Maintenance payments to cover the handicapped person's expenses
14 essential to achievement of his or her vocational rehabilitation objec-
15 tive;
16 (12) Tools, equipment, initial stocks and supplies;
17 (13) Training allowances which may be paid to individuals receiving
18 training and related services in public and other workshops and rehabil-
19 itation facilities to the extent that funds may be made available for
20 this purpose;
21 (14) Other goods and services, not enumerated in this subdivision,
22 necessary to render a handicapped person fit to engage in a gainful
23 occupation.
24 (b) The establishment of rehabilitation facilities for handicapped
25 persons; the establishment of workshops for the severely handicapped;
26 and the staffing of workshops for the severely handicapped so that work-
27 shops may be established, extended, improved or continued.
28 6. "Physical restoration services" mean those medical and medically
29 related services which are necessary to correct or substantially modify
30 within a reasonable period of time a physical or mental condition which
31 is stable or slowly progressive and which constitutes a substantial
32 handicap to employment, and includes, but is not limited to:
33 (a) corrective surgery or therapeutic treatment;
34 (b) necessary hospitalization in connection with surgery or treatment
35 specified in paragraph (a) of this subdivision;
36 (c) prosthetic devices essential to obtaining or retaining employment;
37 and
38 (d) other necessary medical or medically related services.
39 7. "Rehabilitation facility" means a facility, operated for the prin-
40 cipal purpose of assisting in the rehabilitation of handicapped persons
41 and
42 (a) provides one or more than one of the following types of services:
43 (1) prevocational or conditioning therapy;
44 (2) adjustment training;
45 (3) testing, fitting or training in the use of prosthetic devices;
46 (4) physical or occupational therapy;
47 (5) evaluation, treatment or control of special disabilities; or
48 (b) through which is provided an integrated program of medical,
49 psychological, social and vocational evaluation and services under
50 appropriate professional supervision, provided that the major portion of
51 such evaluation and services is furnished within the facility, and that
52 all medical and related health services are prescribed by and are under
53 the supervision of persons licensed to practice medicine in the state.
54 8. "Workshop" means a place where any manufacture or handiwork is
55 carried on and which is operated for the principal purpose of providing
56 gainful employment to severely handicapped persons (a) as an interim
S. 1407 103 A. 2107
1 step in the rehabilitation process for those who cannot be absorbed in
2 the competitive labor market; or (b) during such time as employment
3 opportunities for them in the competitive labor market do not exist.
4 9. "Establishment of a workshop" or "rehabilitation facility" means:
5 (a) In the case of a workshop, the expansion, remodeling, or alter-
6 ation of existing buildings, necessary to adapt such buildings to work-
7 shop purposes or to increase the employment opportunities in workshops,
8 and the acquisition of initial equipment necessary for new workshops or
9 to increase the employment opportunities in workshops; and
10 (b) In the case of a rehabilitation facility, the expansion, remodel-
11 ing, or alteration of existing buildings, and initial equipment of such
12 buildings, necessary to adapt such buildings to rehabilitation facility
13 purposes or to increase their effectiveness for such purposes and
14 initial staffing thereof for a period not exceeding one year.
15 10. With respect to the construction of workshops and rehabilitation
16 facilities, the following definitions shall apply:
17 (a) "Construction" includes construction of new buildings, acquisition
18 of existing buildings, and expansion, remodeling, alteration, and reno-
19 vation of existing buildings, and initial equipment of such new, newly
20 acquired, expanded, remodeled, altered or renovated buildings;
21 (b) The "cost" of construction may include the cost of architects'
22 fees and acquisition of land in connection with construction, but does
23 not include the cost of offsite improvements.
24 (c) A "project for construction of a workshop" may include provisions
25 for residential accommodations to be used by and in conjunction with the
26 rehabilitation of categories of handicapped individuals as may be here-
27 after designated.
28 11. "Supported employment" means paid competitive work performed by
29 individuals with severe disabilities who require intensive support
30 services to obtain such employment and extended support to sustain such
31 employment, and which is performed in an integrated setting which
32 provides regular interactions with individuals who do not have disabili-
33 ties, other than paid caregivers.
34 12. "Supported employment services" means support services needed by
35 individuals with severe disabilities to obtain and sustain supported
36 employment. Such term shall also include transitional employment
37 services for individuals with severe and persistent mental illness, as
38 defined by the commissioner in consultation with the commissioner of the
39 office of mental health.
40 13. "Paid competitive work", as used in the definition of supported
41 employment pursuant to subdivision eleven of this section means work
42 that is performed on a full-time or part-time basis, with a minimum
43 expectation of averaging at least twenty hours per week as an employment
44 goal, except that such requirement may be waived for good cause by the
45 commissioner, and for which an individual is compensated in accordance
46 with the federal fair labor standards act and state wage and hour regu-
47 lations.
48 14. "Individuals with severe disabilities" means persons for whom
49 competitive employment has either not traditionally occurred or has been
50 interrupted or intermittent as a result of having a permanent and
51 substantially disabling physical, sensory, or mental condition.
52 § 1001. Application for vocational rehabilitation. 1. Any handicapped
53 person available for vocational rehabilitation services may apply to the
54 department for advice and assistance regarding his or her vocational
55 rehabilitation.
S. 1407 104 A. 2107
1 2. The state may, to the extent that funds are made available pursuant
2 to the federal social security act, furnish vocational rehabilitation
3 services to applicants for and beneficiaries of disability benefits
4 under the social security act as provided in such act and any rules or
5 regulations adopted pursuant thereto.
6 § 1002. Powers and duties of the department. The department shall
7 have the responsibility of and is hereby authorized:
8 1. To adopt and promulgate such rules and regulations and take such
9 action as may be necessary to carry out the provisions of this article.
10 2. To provide vocational rehabilitation services directly or through
11 public or private instrumentalities for handicapped persons (excepting
12 blind persons and, with respect to physical restoration services, those
13 persons who are entitled to such services pursuant to the workers'
14 compensation law and the volunteer firefighters' benefit law) whose
15 vocational rehabilitation the department determines after full investi-
16 gation may be satisfactorily achieved. In the course of its investi-
17 gation of an individual applicant's vocational rehabilitation potential
18 the department may conduct an extended evaluation program including
19 utilization of such vocational rehabilitation services as it deems
20 necessary.
21 3. To enter into reciprocal agreements with other states to provide
22 for the vocational rehabilitation of handicapped persons.
23 4. To engage in and contract for the making of studies, investi-
24 gations, demonstrations, research and reports, and the provision of
25 training and instruction (including the establishment and maintenance of
26 fellowships and traineeships with such stipends and allowances as may be
27 deemed necessary) the assessment of existing facilities and services and
28 the evaluation of present and future requirements, including plans for
29 the purposes enumerated above in matters relating to vocational rehabil-
30 itation.
31 5. To arrange and pay part of the cost of projects leading to the
32 construction of workshops and rehabilitation facilities and the exten-
33 sion and improvement or the establishment of vocational rehabilitation
34 services for handicapped persons, including the furnishing of equipment
35 or the furnishing of funds for the purchase of equipment and supplies,
36 personnel and other necessary and proper expenses in the construction,
37 establishment, improvement, continuation or extension of rehabilitation
38 facilities and workshops.
39 6. To cooperate in the operation of this article with the state agency
40 or agencies administering the state's public assistance program, work-
41 ers' compensation program, the departments of health, mental hygiene,
42 the federal agencies charged with the administration of the federal
43 social security act and the federal fair labor standards act or other
44 appropriate federal legislation and with other public and private agen-
45 cies providing services related to vocational rehabilitation, making
46 maximum feasible utilization of the job placement and employment coun-
47 seling services and other services and facilities of such offices, and
48 to issue such certifications as are required or indicated thereby.
49 7. Within its discretion, to consider financial need of handicapped
50 individuals for the purposes of determining the extent of their respec-
51 tive participation in the costs of vocational rehabilitation services
52 and to promulgate rules and regulations establishing financial need as a
53 condition to the availability of any of the services specified in para-
54 graph (a) of subdivision five of section one thousand of this article
55 except that no economic need test will be applied as a condition for
56 furnishing the following vocational rehabilitation services: (a) evalu-
S. 1407 105 A. 2107
1 ation, including diagnostic and related services; (b) counseling and
2 guidance; and (c) placement.
3 8. To supervise and monitor service centers for independent living
4 pursuant to section one thousand forty-two of this chapter.
5 9. To contract with organizations for the provision of supported
6 employment services, as defined in subdivision twelve of section one
7 thousand of this article, to individuals having severe disabilities
8 defined in subdivision fourteen of section one thousand of this article
9 in integrated work settings. The commissioner shall ensure that funds
10 provided pursuant to this subdivision are not used for the provision of
11 services that are the responsibility of other state agencies pursuant to
12 the plan developed pursuant to subdivision two of section one thousand
13 four of this article. Services shall be provided at a cost not to exceed
14 that which is necessary and reasonable, and shall include short-term
15 intensive and extended support mechanisms within an integrated work
16 setting. The commissioner shall require service providers to develop
17 appropriate policies and procedures for directing their supported
18 employment programs, and to provide such reports as the commissioner
19 deems to be appropriate.
20 § 1003. Sheltered workshops for the mentally retarded, mentally ill
21 and severely physically handicapped. 1. The conditions of mental retar-
22 dation, mental illness and severe physical handicap are such that many
23 young people, after laborious training in the schools and otherwise,
24 reach the point in their lives where they can and should, under proper
25 and continued guidance, engage in sheltered employment. The effects of
26 such employment are salutary in many ways. The affected individual is
27 helped to become a contributing member of society. The state is saved
28 the expense of his or her institutionalization in already overcrowded
29 state schools and facilities. The family retains closer contact with him
30 or her and is spared the anxieties naturally attaching to separation and
31 institutionalization. All of these factors have also been shown to
32 reflect tangible benefit upon the mentally retarded, mentally ill and
33 severely physically handicapped person in improving his or her overall
34 condition. The purpose of this measure is to specifically encourage the
35 development, improvement and expansion of such sheltered employment
36 facilities, so that the salutary effects mentioned can be expediently
37 accomplished.
38 2. Special provisions relating to mentally retarded, mentally ill and
39 severely physically handicapped persons in extended sheltered employment
40 in workshops. Notwithstanding any other provision of this article, when
41 it shall appear to the satisfaction of the department that a mentally
42 retarded, mentally ill or severely physically handicapped person over
43 the chronological age of seventeen years can reasonably be expected to
44 benefit from, or in his or her best interests reasonably requires
45 extended sheltered employment in a workshop as defined in subdivision
46 eight of section one thousand of this article, furnished by an approved
47 organization, the department is authorized to contract with such organ-
48 ization for the furnishing of such sheltered employment to such mentally
49 retarded, mentally ill or severely physically handicapped person; and
50 the department is further authorized to expend for such purpose a sum or
51 sums not less than one thousand five hundred dollars per annum for each
52 such mentally retarded, mentally ill or severely physically handicapped
53 person, for or towards the cost of providing such sheltered employment
54 for each such mentally retarded, mentally ill or severely physically
55 handicapped person.
S. 1407 106 A. 2107
1 The department shall pay at least quarterly during the state fiscal
2 year such sums as are authorized to such organizations for such shel-
3 tered employment immediately upon the completion of evaluation and
4 personal adjustment services under the sponsorship of the department.
5 3. The department shall maintain a register of such organizations
6 which, after inspection of the facilities for sheltered employment
7 provided by them, it deems qualified to meet the needs of such mentally
8 retarded, mentally ill and severely physically handicapped persons. Such
9 inspection shall also determine the eligibility of such organization to
10 receive the funds hereinbefore specified.
11 4. The department is authorized to contract with such organizations
12 for the provision of vocational rehabilitation services which lead to
13 sheltered employment.
14 5. The department shall assure that individuals in long-term sheltered
15 employment are periodically reviewed to determine the feasibility of
16 their employment, or training for employment, in integrated work
17 settings and that maximum efforts toward such employment occur, whenever
18 it is determined to be feasible.
19 6. The commissioner is authorized to promulgate such reasonable rules
20 and regulations as he or she may deem necessary or proper to carry out
21 the provisions of this section.
22 § 1004. Integrated employment opportunities for individuals with
23 severe disabilities. 1. The department shall have the responsibility to
24 stimulate the development of programs intended to furnish opportunities
25 for integrated employment including, but not limited to, supported
26 employment and paid competitive work, to individuals with severe disa-
27 bilities, and to coordinate with state agencies responsible for furnish-
28 ing necessary services to individuals with severe disabilities related
29 to such opportunities.
30 2. (a) The commissioner, in consultation with and with the agreement
31 of the commissioners of the office of mental health, the office of
32 mental retardation and developmental disabilities and the office of
33 temporary and disability assistance shall develop a state interagency
34 plan for the implementation of integrated employment opportunities for
35 individuals with severe disabilities, including supported employment.
36 Such plan shall be designed so as to ensure that the state's integrated
37 employment efforts, including the supported employment program, are
38 planned, developed and implemented comprehensively, with roles and
39 responsibilities of the respective agencies well-defined. Such plan
40 shall reflect the department's primary responsibility for the develop-
41 ment of integrated employment opportunities for individuals with severe
42 disabilities, including short-term and intensive supported employment
43 services, as well as appropriate responsibilities for long term extended
44 support services. Such plan shall specify the role and responsibilities
45 of each such agency in assuring that:
46 (1) services are provided fully and equitably;
47 (2) an array of services is established and appropriate procedures are
48 developed to allow persons with severe disabilities timely access to
49 appropriate support services;
50 (3) compatible definitions, program evaluation and accounting stand-
51 ards and reporting documents are implemented;
52 (4) services and eligibility requirements are integrated and coordi-
53 nated between agencies, including the manner in which appropriate
54 responsibilities for funding and administering both short-term intensive
55 and long-term extended support services for supported employment are to
56 be implemented;
S. 1407 107 A. 2107
1 (5) funding sources are clearly defined and amounts are adequate to
2 support persons with short-term intensive and long-term extended support
3 needs;
4 (6) all necessary steps are taken to maximize the success and cost
5 effectiveness of such programs and the potential of persons served by
6 such programs;
7 (7) continuity of support services is not broken for individuals
8 placed in an integrated employment setting in the event such placement
9 is interrupted; and
10 (8) eligibility standards are consistent regarding the placement of
11 individuals in integrated work settings, including supported employment
12 and other competitive work placements.
13 (b) In addition, the plan shall address the manner in which continued
14 support for current programs will be maintained; and establishment
15 grants will be provided. Such establishment grants shall include, but
16 not be limited to, special projects which enhance the provision of
17 supported employment and new integrated employment program initiatives
18 which would target individuals who have severe disabilities who have
19 aged-out or have otherwise exited the school system. In addition, such
20 grants may be used to provide additional resources to existing programs
21 for the purpose of increasing the numbers of persons served who have
22 been determined by the commissioner to have been unserved or under-
23 served. Such grants may also be used for new programs for these popu-
24 lations.
25 (c) The commissioner, in consultation with the commissioners of the
26 office of mental health, the office of mental retardation and develop-
27 mental disabilities and the office of temporary and disability assist-
28 ance, shall develop an audit protocol to verify the actual costs of
29 providing such programs.
30 3. (a) It shall be the primary responsibility of the commissioner to
31 provide annual reports on the progress of achieving the components of
32 the implementation plan as contained in subdivision two of this section.
33 In addition, such reports shall include:
34 (1) a current description of individuals served, and services and
35 technical assistance provided;
36 (2) employment status of persons transitioned from sheltered work-
37 shops, special education programs, day treatment centers, and day
38 services programs into integrated employment programs, including
39 supported employment programs and other competitive work placements;
40 (3) incidence of persons in reverse transition between integrated
41 employment programs, including supported employment programs and paid
42 competitive work, and sheltered workshops, day treatment programs and
43 day services programs; and
44 (4) number of persons for whom employment in an integrated work
45 setting has been requested and who are waiting for placement.
46 The commissioners of the office of mental health, the office of mental
47 retardation and developmental disabilities, and the office of temporary
48 and disability assistance shall provide any information required to
49 assist the commissioner in making such report.
50 (b) The implementation plan shall be transmitted to the governor, the
51 temporary president of the senate, the speaker of the assembly and the
52 senate committee on finance, the assembly committee on ways and means,
53 the senate committee on labor and the assembly committee on labor on or
54 before October first, two thousand three with a report on the status of
55 the implementation plan transmitted on or before October first of each
56 succeeding year.
S. 1407 108 A. 2107
1 § 1005. Gifts and donations. The department is authorized to receive,
2 accept and use gifts and donations for the purpose of this article which
3 may be offered, conditionally or unconditionally, notwithstanding
4 section eleven of the state finance law or any other provision of law.
5 All money received as gifts or donations shall be paid to the commis-
6 sioner of taxation and finance, who together with the state comptroller
7 is hereby constituted and appointed the joint custodian thereof and
8 shall constitute a special fund to be used under the direction of the
9 department for the purpose of this article. A full report of all such
10 gifts and donations, together with the names of the donors, the amounts
11 contributed by each and all disbursements therefrom shall be submitted
12 annually to the legislature as part of the report of the department.
13 § 1006. Acceptance of law of the United States. The state of New
14 York, through its legislative authority:
15 1. Accepts the provisions of any law of the United States making an
16 appropriation to be apportioned among the states for vocational rehabil-
17 itation of disabled persons, and accepts the provisions of any law of
18 the United States making an appropriation for apportionment or grants
19 among the states for services for disabled persons.
20 2. Empowers and directs the New York state board for vocational educa-
21 tion, which shall be appointed by the commissioner, to cooperate with
22 such agency as the federal government shall designate to carry out the
23 purposes of such law.
24 3. Appoints the commissioner of taxation and finance and the state
25 comptroller as joint custodians of all money given to the state by the
26 United States under the authority of such law, and such money shall be
27 paid out in the manner provided by such act for the purposes therein
28 specified.
29 § 1007. Vocational rehabilitation records. 1. It shall be unlawful,
30 except for purposes directly connected with the administration of the
31 vocational rehabilitation program, for any person or persons to solicit,
32 disclose, receive, or make use of, or authorize, knowingly permit,
33 participate in, or acquiesce in the use of any list of, or names of, or
34 any information concerning, persons applying for or receiving vocational
35 rehabilitation, directly or indirectly derived from the record, papers,
36 files, communications of the state or subdivisions or agencies thereof,
37 or acquired in the course of the performance of official duties without
38 the consent of each such applicant or recipient. Such records, papers,
39 files and communications shall be regarded as confidential information
40 and privileged within the meaning of section forty-five hundred four of
41 the civil practice law and rules.
42 2. Wage reporting information obtained by the office of vocational and
43 educational services for individuals with disabilities of the department
44 from the state department of taxation and finance pursuant to the tax
45 law shall be considered confidential and shall not be disclosed to
46 persons or agencies other than those considered entitled to such infor-
47 mation when such disclosure is necessary for the proper administration
48 of the department's vocational rehabilitation program.
49 § 1008. Use of appropriations. Any appropriation made to carry out the
50 provisions of this article, in addition to any moneys allotted to the
51 state for a similar purpose by the government of the United States may
52 be used for the payment of salaries, travel, maintenance and operation,
53 and other administrative expenses including the purchase of necessary
54 office furniture, supplies, et cetera, the necessary costs for persons
55 being evaluated for or undergoing vocational rehabilitation including
56 tuition, fees, books and other training supplies, maintenance and trav-
S. 1407 109 A. 2107
1 eling expenses, occupational examinations and license fees, medical,
2 psychiatric and psychological examinations and other diagnostic and
3 related services, tools and equipment, initial stocks and supplies,
4 surgical fees, hospitalization, therapeutic treatment and prosthetic
5 appliances, the establishment and construction of public and other reha-
6 bilitation facilities to provide services for handicapped individuals
7 and the establishment and construction of workshops for the severely
8 handicapped, including the furnishing of equipment or the providing of
9 grants of funds to rehabilitation facilities and workshops to be
10 utilized for the acquisition of equipment, supplies, personnel and other
11 necessary and proper items to be utilized in such facilities.
12 § 1009. Powers and duties of the department relating to vocational
13 rehabilitation of blind persons. 1. The New York state commission for
14 the blind and visually handicapped shall retain, and shall continue to
15 exercise, all the powers and duties relating to blind persons conferred
16 on them by the provisions of any other law and shall become a part of
17 the department.
18 2. The department is empowered to perform any and all acts that may be
19 required to be performed by it by any law of the United States in order
20 to obtain funds through the New York state board for vocational educa-
21 tion, or otherwise, from any federal department or agency, for use in
22 the vocational rehabilitation of blind persons; such department is
23 further empowered to use and expend such funds for the purpose herein
24 mentioned in accordance with the provisions of any law of the United
25 States making such funds available to the state.
26 3. (a) Notwithstanding any inconsistent provision of this article,
27 funds made available to the state by the United States to be used for
28 vocational rehabilitation of blind persons shall be accepted and used by
29 the state for such purposes provided the department shall determine to
30 accept and to use the same in accordance with the provisions of any law
31 of the United States.
32 (b) Provided the federal government shall make funds available, the
33 department and its commission for the blind and visually handicapped are
34 empowered to accept gifts for the extension and improvement of facili-
35 ties and workshops for the training and rehabilitation of blind persons,
36 and to match the value of such gifts made to such department or commis-
37 sion for such purposes by or on behalf of such facilities or workshops.
38 The department may utilize such federal funds and gifts for such
39 purposes and may make appropriate agreements therefor with suitable
40 agencies serving the blind.
41 § 1010. Aid for blind or deaf students. 1. (a) Whenever a blind or
42 deaf person, who is a citizen of this state and a student in actual
43 attendance at a college, university, technical or professional school,
44 including agriculture and technical institutes and state institutes of
45 applied arts and sciences, located in this state and authorized by law
46 to grant degrees, other than an institution established for the regular
47 instruction of the blind or deaf, shall be designated by the trustees
48 thereof as a fit person to receive the aid hereinafter provided for,
49 there shall be paid by the state for the use of such student a sum not
50 to exceed one thousand dollars per annum, within the limits of the
51 appropriation therefor, with which to employ persons to read to such
52 blind student from textbooks and pamphlets used by such student in his
53 or her studies at such college, university or school, or to aid a deaf
54 student in receiving instruction in such studies. In case such a
55 college, university, technical or professional school as will meet the
56 needs or requirements of such a student is not located within this
S. 1407 110 A. 2107
1 state, such a sum shall be paid by this state for the use of such
2 student attending such a college, university, technical or professional
3 school which shall conform to the requirements of this section in anoth-
4 er state. Such a sum shall also be available to aid a deaf student in
5 receiving instruction in a regularly approved institution for the deaf
6 located outside of the state but within one hundred fifty miles of the
7 borders thereof.
8 (b) The trustees of any institution meeting the requirements of this
9 section shall submit reports in such form and at such times as
10 prescribed by the commissioner identifying the number of students eligi-
11 ble to receive aid pursuant to this subdivision and shall estimate the
12 funds needed to support such students as provided herein. The commis-
13 sioner shall advance twice during the school year to each such institu-
14 tion such estimated amounts within the limits of the annual appropri-
15 ation provided therefore.
16 (c) At the conclusion of the academic year for which such funds are
17 provided, each institution receiving funds pursuant to this subdivision
18 shall submit to the commissioner a final accounting for the use of such
19 funds and shall return any unspent funds.
20 2. Such moneys shall be paid annually, after the beginning of the
21 school year of such institution, by the commissioner of taxation and
22 finance on the warrant of the comptroller, to the treasurer of such
23 institution, on his or her presenting an account showing the actual
24 number of blind or deaf students matriculated and attending the institu-
25 tion, which account shall be verified by the president of the institu-
26 tion and accompanied by his or her certificate that the trustees have
27 recommended the students named in said account as hereinbefore provided.
28 3. The trustees of any of the said institutions shall recommend no
29 blind or deaf person, who is not regularly matriculated, and who is not
30 in good and regular standing, and who is not working for a degree from
31 the institution in which he or she is matriculated; and no blind or deaf
32 person shall be recommended, who is not doing the work regularly
33 prescribed by the institution for the degree for which he or she is a
34 candidate. The moneys so paid to any such institution shall be disbursed
35 for the purposes aforesaid by and under the direction of its board of
36 trustees.
37 § 3. The labor law is amended by adding a new article 33 to read as
38 follows:
39 ARTICLE 33
40 SERVICE CENTERS FOR INDEPENDENT LIVING
41 Section 1040. Declaration of intent.
42 1041. Service centers for independent living; purpose and
43 duties.
44 1042. Labor department; responsibilities.
45 1043. Regulations.
46 1044. Distribution of funds.
47 § 1040. Declaration of intent. Persons with disabilities comprise a
48 large percentage of New York's total population. The legislature hereby
49 finds and declares that action is necessary to assist these individuals
50 to integrate and live more independently in the community. Since their
51 inception, service centers for independent living have enhanced the
52 ability of persons with disabilities to pursue an independent and active
53 lifestyle within their community. In order to achieve this, it is neces-
54 sary for the state to provide funding to maintain existing service
55 centers designed to promote independent living and to encourage the
56 establishment of new centers. In addition, the office of vocational
S. 1407 111 A. 2107
1 rehabilitation should have the responsibility and authority for the
2 encouragement of the planning, development, funding, evaluation and
3 monitoring of such service centers.
4 § 1041. Service centers for independent living; purpose and duties.
5 1. A service center for independent living shall be a community based
6 non-residential program designed to promote independent living for
7 persons with disabilities.
8 (a) Such center shall:
9 (1) be a corporation, provided, however, that persons with disabili-
10 ties comprise at least fifty-one percent of the board of directors of
11 such corporation;
12 (2) be staffed by persons experienced in assisting persons with disa-
13 bilities;
14 (3) provide services designed to meet the needs of persons with disa-
15 bilities, including such services as assisting persons with disabilities
16 to obtain housing, employment referral, transportation referral, attend-
17 ant care, independent living skills, peer counseling, advocacy services,
18 job training, health care, homemaker services, and other such services
19 as approved by the commissioner;
20 (4) train personnel for the purpose of attendant care in assisting and
21 serving persons with disabilities; and
22 (5) serve persons with disabilities.
23 (b) Such center may also, but need not limit itself to, provide disa-
24 bility awareness programs, peer counseling, role modeling and any other
25 appropriate services within elementary and secondary schools.
26 2. Such service centers shall not be established or operated as a
27 residential or housing facility.
28 3. Such service centers shall make maximum use of existing resources
29 available to persons with disabilities and shall not duplicate any
30 existing services or programs, to the extent that such services or
31 programs are available through other state sources to meet the needs of
32 persons with disabilities. Such centers shall however provide necessary
33 information and referral to assist a person with a disability in obtain-
34 ing such services and coordinate where possible the delivery of such
35 services to persons with disabilities.
36 4. Such service centers shall be in compliance with all applicable
37 local laws and ordinances.
38 § 1042. Labor department; responsibilities. The department shall
39 assist individuals and organizations in the planning and establishment
40 of such service centers. The department shall ensure program account-
41 ability and shall monitor and evaluate such centers.
42 § 1043. Regulations. The commissioner shall promulgate rules and regu-
43 lations necessary for the implementation of this article.
44 § 1044. Distribution of funds. 1. Service centers for independent
45 living shall be funded out of appropriations available for such purposes
46 to the extent of the entire approved budget of such centers.
47 2. Budgets submitted by service centers shall be approved in accord-
48 ance with regulations of the commissioner, subject to approval of the
49 director of the budget.
50 3. Service centers shall be located in the cities of Albany, Buffalo,
51 Rochester, Syracuse, Utica, White Plains, Binghamton, Kingston, Pough-
52 keepsie, Jamestown, Yonkers, the counties of Queens, Kings, Nassau,
53 Bronx, Richmond and New York and the township of Brookhaven with a
54 satellite center in Central Islip in the county of Suffolk.
55 4. Additional service centers shall be located in the cities of
56 Niagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning, Ithaca, Cort-
S. 1407 112 A. 2107
1 land, Auburn, Watertown, Plattsburgh, Batavia, Massena and Glens Falls,
2 the counties of Delaware and Rockland, the county of Orange, in either
3 the city of Middletown or Port Jervis or in the town of Deerpark, Green-
4 ville, Mount Hope, Warwick or Wawayanda or in the village of Goshen, and
5 in the county of New York to serve the Harlem community.
6 § 4. Title 9-A of article 5 of the social services law is REPEALED.
7 § 5. The labor law is amended by adding a new article 34 to read as
8 follows:
9 ARTICLE 34
10 EQUIPMENT LOAN FUND FOR THE DISABLED
11 Section 1050. Fund established; participation; other provisions.
12 § 1050. Fund established; participation; other provisions. 1. There
13 is hereby established in the joint custody of the commissioner and the
14 comptroller the equipment loan fund for the disabled.
15 2. Participation in the loan of the monies of the fund shall be avail-
16 able to all disabled persons on the basis of need, pursuant to regu-
17 lations of the commissioner.
18 3. The loan fund shall provide the disabled with the financial oppor-
19 tunity to purchase or replace essential equipment used by them for daily
20 living or vocational functioning following rehabilitation, including,
21 but not limited to, prosthesis, ramps, wheelchairs, wheelchair van
22 lifts, telecommunication devices for the deaf and hearing impaired,
23 devices which allow persons who are blind or visually impaired to
24 discern printed materials and adaptive equipment to permit a disabled
25 person to operate a motor vehicle but not to purchase or replace a motor
26 vehicle itself.
27 4. Loans shall be made available directly to the disabled person, the
28 parent, legal guardian, or individual with whom such disabled person
29 resides.
30 5. Where any equipment purchase is approved by the department, a loan
31 shall be made in an amount not to exceed four thousand dollars per
32 applicant.
33 6. The commissioner shall establish regulations governing payment of
34 interest, repayment periods, certification and approval of purchase, and
35 such other orders, rules and regulations as may be necessary for inter-
36 pretations, implementation or administration of this article.
37 7. The fund shall consist of all monies appropriated for the purpose
38 of such fund, all monies transferred to such fund pursuant to law, all
39 monies required by the provisions of this section or any other law to be
40 paid into or credited to this fund, and all monies, including interest,
41 paid by borrowers to the fund in repayment of loans made from the fund.
42 8. Monies of the fund following appropriations made by the legislature
43 and allocation by the director of the budget to the fund, shall be
44 available solely for the purpose of enabling eligible applicants to
45 borrow money at less than the prevailing rates of interest for compara-
46 ble loans.
47 9. When used in this article, the term "disabled" shall mean a person
48 having a disability as so defined in subdivision twenty-one of section
49 two hundred ninety-two of the executive law.
50 § 6. Section 38 of the social services law is REPEALED.
51 § 7. Notwithstanding any provision of law to the contrary, effective
52 October 1, 2003, the vocational rehabilitation program established by
53 article 21 of the education law, the service centers for independent
54 living established by article 23-A of such law, and aid for blind and
55 deaf students established by section 4210 of such law shall be trans-
56 ferred from the education department to the department of labor, and all
S. 1407 113 A. 2107
1 functions, powers, duties, obligations and assets relating to such
2 programs shall be transferred subject to the provisions of this act.
3 § 8. Transfer of authority, administration and appropriations. 1. The
4 commissioner of education shall provide for the orderly transfer of all
5 matters, records and other items relating to the programs identified in
6 section seven of this act. Program and administrative matters relating
7 to such transfer shall be included in a transition plan developed and
8 agreed to by the department of labor and the state education department
9 no later than 120 days after the effective date of this act, and
10 approved by the director of the budget. Fiscal and administrative
11 details may be included in a memorandum of understanding to be developed
12 between the department of labor and the education department and subject
13 to the approval of the director of the budget. The commissioner of
14 education and the board of regents are authorized and directed to
15 continue their respective roles, responsibilities and functions until an
16 orderly transition has been completed.
17 2. The director of the budget is hereby authorized to transfer to the
18 department of labor funds otherwise appropriated or reappropriated to
19 the education department consistent with the purposes of this act.
20 § 9. Notwithstanding any other law, rule or regulation to the contra-
21 ry, effective October 1, 2003, the commissioner of labor shall be the
22 designee of the state of New York for the purpose of carrying into
23 effect the provisions of the federal laws relating to the programs iden-
24 tified in section seven of this act, and any federal funds applicable to
25 appropriations to the education department for such programs may be made
26 available to the department of labor subject to the approval of the
27 director of the budget.
28 § 10. Transfer of records. All books, papers, records and property of
29 the programs transferred hereby are to be delivered to the department of
30 labor at such place and time, and in such manner as the commissioner of
31 the department of labor requires.
32 § 11. Continuation of rules and regulations. All rules, regulations,
33 acts, determinations and decisions of the board of regents, the commis-
34 sioner of education and the education department with respect to the
35 administration of this act in force at the time of the transfer shall
36 continue in force and effect as rules, regulations, acts, determinations
37 and decisions of the commissioner of the department of labor unless and
38 until superseded by the commissioner of labor.
39 § 12. Completion of unfinished business. Any business or other matter
40 undertaken or commenced by the education department relating to the
41 functions, powers, duties and obligations hereby transferred and
42 assigned to the department of labor and pending on the effective date of
43 such transfer shall be conducted and completed by the department of
44 labor in the same manner and under the same terms and conditions and
45 with the same effect as if conducted and completed by the education
46 department.
47 § 13. Terms occurring in laws, contracts and other documents. Upon
48 the effective date of this transfer or such alternate dates as shall be
49 identified in the transition plan, whenever the functions, powers, obli-
50 gations, duties and officials relating to the programs hereby trans-
51 ferred and reassigned are referred to or designated in any law, contract
52 or document, such reference or designation shall be deemed to refer to
53 the appropriate functions, powers, obligations, duties and officials in
54 department of labor or of the commissioner thereof.
S. 1407 114 A. 2107
1 § 14. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 section seven of this act.
4 § 15. Notwithstanding any other provision of law, rule or regulation
5 to the contrary, effective October 1, 2003, responsibility for the
6 equipment loan fund for the disabled authorized by title 9-A of article
7 5 of the social services law is hereby transferred and assigned to the
8 department of labor, and all functions, obligations and assets of such
9 fund shall be transferred to the department of labor subject to the
10 provisions of this act.
11 § 16. Notwithstanding any provision of law to the contrary, effective
12 October 1, 2003, the commission for the blind and visually handicapped
13 established by chapter 1 of title 24 of the unconsolidated laws shall be
14 transferred from the office of children and family services to the
15 department of labor, and all functions, powers, duties, obligations and
16 assets relating to such programs, except those programs that provide
17 non-vocational rehabilitative services to the blind and visually hand-
18 icapped population age 55 and over, shall be transferred to the depart-
19 ment of labor subject to the provisions of this act.
20 § 17. Transfer of authority, administration and appropriations. 1.
21 The commissioner of the office of children and family services shall
22 provide for the orderly transfer of all matters, records and things
23 relating to the programs identified in sections fifteen and sixteen of
24 this act. Such transfer may be subject to a memorandum of understanding
25 between the office of children and family services and the commissioner
26 of labor, which shall be subject to the approval of the director of the
27 budget.
28 2. The director of the budget is hereby authorized to transfer to the
29 department of labor funds otherwise appropriated or reappropriated to
30 the office of children and family services consistent with the purposes
31 of this act.
32 § 18. Notwithstanding any other law, rule or regulation to the contra-
33 ry, effective October 1, 2003, the commissioner of labor shall be the
34 designee of the state of New York for the purpose of carrying into
35 effect the provisions of the federal laws relating to the functions,
36 powers, duties and obligations hereby transferred and assigned to the
37 department of labor pursuant to sections fifteen and sixteen of this
38 act, and any federal funds applicable to appropriations to the office of
39 children and family services for such programs may be made available to
40 the department of labor subject to the approval of the director of the
41 budget.
42 § 19. Transfer of records. All books, papers, records and property
43 relating to the functions, powers, duties and obligations hereby trans-
44 ferred and assigned to the department of labor are to be delivered to
45 the department of labor at such place and time, and in such manner as
46 the commissioner of the department of labor requires.
47 § 20. Continuation of rules and regulations. All rules, regulations,
48 acts, determinations and decisions of the commissioner of the office of
49 children and family services with respect to the functions, powers,
50 duties and obligations hereby transferred and assigned to the department
51 of labor in force at the time of the transfer shall continue in force
52 and effect as rules, regulations, acts, determinations and decisions of
53 the commissioner of the department of labor until and unless superseded
54 by the commissioner of the department of labor.
55 § 21. Completion of unfinished business. Any business or other matter
56 undertaken or commenced by the office of children and family services
S. 1407 115 A. 2107
1 relating to the functions, powers, duties and obligations hereby trans-
2 ferred and assigned to the department of labor and pending on the effec-
3 tive date of such transfer shall be conducted and completed by the
4 department of labor, unless agreed to by the department of labor and the
5 office of children and family services as remaining under the super-
6 vision of the office of children and family services for a stated period
7 of time, in the same manner and under the same terms and conditions and
8 with the same effect as if conducted and completed by the office of
9 children and family services.
10 § 22. Terms occurring in laws, contracts and other documents. Upon
11 the effective date of the transfer, whenever the functions, powers,
12 obligations, duties and officials relating to the programs hereby trans-
13 ferred and reassigned are referred to or designated in any law, contract
14 or document, such reference or designation shall be deemed to refer to
15 the appropriate functions, powers, obligations, duties and officials in
16 the department of labor or of the commissioner thereof.
17 § 23. Existing rights and remedies preserved. No existing right or
18 remedy of any character shall be lost, impaired or affected by reason of
19 sections fifteen and sixteen of this act.
20 § 24. Notwithstanding any provision of law to the contrary, effective
21 October 1, 2003, non-vocational rehabilitative services for the blind
22 and visually handicapped population age 55 and over provided by the
23 commission for the blind and visually handicapped established by chapter
24 1 of title 24 of the unconsolidated laws shall be transferred from the
25 office of children and family services to the office for the aging, and
26 all functions, powers, duties, obligations and assets relating to such
27 programs shall be transferred to the state office for the aging subject
28 to the provisions of this act.
29 § 25. Transfer of authority, administration and appropriations. 1.
30 The commissioner of the office of children and family services shall
31 provide for the orderly transfer of all matters, records and things
32 relating to the programs identified in section twenty-four of this act.
33 Such transfer may be subject to a memorandum of understanding between
34 the office of children and family services and the director of the
35 office for the aging, which shall be subject to the approval of the
36 director of the budget.
37 2. The director of the budget is hereby authorized to transfer to the
38 office for the aging funds otherwise appropriated or reappropriated to
39 the office of children and family services consistent with the purposes
40 of this act.
41 § 26. Notwithstanding any other law, rule or regulation to the contra-
42 ry, effective October 1, 2003, the director of the office for the aging
43 shall be the designee of the state of New York for the purpose of carry-
44 ing into effect the provisions of the federal laws relating to the func-
45 tions, powers, duties and obligations hereby transferred and assigned to
46 the office for the aging pursuant to section twenty-four of this act,
47 and any federal funds applicable to appropriations to the office of
48 children and family services for such programs may be made available to
49 the office for the aging subject to the approval of the director of the
50 budget.
51 § 27. Transfer of records. All books, papers, records and property
52 relating to the functions, powers, duties and obligations hereby trans-
53 ferred and assigned to the office for the aging are to be delivered to
54 the office for the aging at such place and time, and in such manner as
55 the director of the office for the aging requires.
S. 1407 116 A. 2107
1 § 28. Continuation of rules and regulations. All rules, regulations,
2 acts, determinations and decisions of the commissioner of the office of
3 children and family services with respect to the functions, powers,
4 duties and obligations hereby transferred and assigned to the office for
5 the aging in force at the time of the transfer shall continue in force
6 and effect as rules, regulations, acts, determinations and decisions of
7 the director of the office for the aging.
8 § 29. Completion of unfinished business. Any business or other matter
9 undertaken or commenced by the office of children and family services
10 relating to the functions, powers, duties and obligations hereby trans-
11 ferred and assigned to the office for the aging and pending on the
12 effective date of such transfer shall be conducted and completed by the
13 office for the aging in the same manner and under the same terms and
14 conditions and with the same effect as if conducted and completed by the
15 office of children and family services.
16 § 30. Terms occurring in laws, contracts and other documents. Upon
17 the effective date of the transfer, whenever the functions, powers,
18 obligations, duties and officials relating to the programs hereby trans-
19 ferred and reassigned are referred to or designated in any law, contract
20 or document, such reference or designation shall be deemed to refer to
21 the appropriate functions, powers, obligations, duties and officials in
22 the office for the aging or of the director thereof.
23 § 31. Existing rights and remedies preserved. No existing right or
24 remedy of any character shall be lost, impaired or affected by reason of
25 section twenty-four of this act.
26 § 32. The commissioner of labor is authorized to promulgate regu-
27 lations on an emergency basis to implement the transfer contemplated
28 herein and to administer the programs transferred hereby.
29 § 33. Subdivision 23 of section 305 of the education law is REPEALED.
30 § 34. Subdivision (h) of section 7.09 of the mental hygiene law, as
31 added by chapter 515 of the laws of 1992, is amended to read as follows:
32 (h) The commissioner shall work cooperatively with the commissioner of
33 the office of mental retardation and developmental disabilities and the
34 commissioner of social services to assist the commissioner of [educa-
35 tion] labor in furnishing integrated employment services to individuals
36 with severe disabilities, including the development of an integrated
37 employment implementation plan, pursuant to article [twenty-one] thir-
38 ty-two of the [education] labor law.
39 § 35. Subdivision (d) of section 13.09 of the mental hygiene law, as
40 added by chapter 515 of the laws of 1992, is amended to read as follows:
41 (d) The commissioner shall work cooperatively with the commissioner of
42 the office of mental health and the commissioner of social services to
43 assist the commissioner of [education] labor in furnishing integrated
44 employment services to individuals with severe disabilities, including
45 the development of an integrated employment implementation plan, pursu-
46 ant to article [twenty-one] thirty-two of the [education] labor law.
47 § 36. Subdivision (e) of section 17 of the social services law, as
48 added by chapter 515 of the laws of 1992, is amended to read as follows:
49 (e) work cooperatively with the commissioner of the office of mental
50 health and the commissioner of the office of mental retardation and
51 developmental disabilities to assist the commissioner of [education]
52 labor in furnishing integrated employment services to individuals with
53 severe disabilities, including the development of an integrated employ-
54 ment implementation plan pursuant to article [twenty-one] thirty-two of
55 the [education] labor law;
S. 1407 117 A. 2107
1 § 37. Subdivision (a) of section 41.39 of the mental hygiene law, as
2 added by chapter 515 of the laws of 1992, is amended to read as follows:
3 (a) The commissioner of mental health and the commissioner of mental
4 retardation and developmental disabilities shall, consistent with the
5 state integrated employment implementation plan developed pursuant to
6 subdivision two of section one thousand [four-b of the education] four
7 of the labor law, and subject to appropriations made therefor, to devel-
8 op and support services that provide individuals with mental disabili-
9 ties the opportunity to learn and develop employment related skills and
10 work experience, including but not limited to sheltered workshops and
11 integrated employment opportunities, including supported employment, as
12 provided pursuant to sections one thousand [four-a] three and one thou-
13 sand [four-b] four of the [education] labor law. Such programs shall, to
14 the extent possible:
15 1. be integrated with and not duplicate employment programs provided
16 through the [state education] department of labor and shall ensure that
17 funding provided pursuant to this subdivision is not used for the
18 provision of services that are the responsibility of other state agen-
19 cies pursuant to the plan developed pursuant to subdivision two of
20 section one thousand [four-b] four of the [education] labor law;
21 2. provide an array of rehabilitation and support services necessary
22 to meet the individual's vocational and career developmental needs;
23 3. integrate the office's vocational programs and other needed support
24 services including but not limited to: clinical, social, case manage-
25 ment, residential and transportation services to ensure flexibility in
26 meeting the needs of individuals in transition between program models;
27 and
28 4. provide each individual with the appropriate supports to achieve
29 and maintain employment in the most integrated setting appropriate,
30 while maximizing each [individuals] individual's personal strengths and
31 preferences.
32 § 38. Subdivision 1-a of section 4-104 of the election law, as amended
33 by chapter 580 of the laws of 1995, is amended to read as follows:
34 1-a. Each polling place shall have at least one entrance that provides
35 access, by ramp or otherwise, to physically disabled voters, provided,
36 however, that this requirement may be waived in writing by the county
37 board of elections upon a petition to the board by the legislative body
38 of the city or town designating such polling places showing good and
39 sufficient cause. In the city of New York and in counties in which poll-
40 ing places are designated by the board of elections, the board shall
41 specify in writing why it has determined that it is unable to comply
42 with the provisions of this subdivision. Such petition, waiver, and
43 written determination, as provided for in this subdivision, shall be
44 filed in the office of the board and be available for public inspection.
45 Such a waiver may be granted and filed or such a written determination
46 may be filed only where the board of elections determines, with regard
47 to each specific polling place for which a waiver is sought or a written
48 determination is to be filed, (1) that an alternative accessible polling
49 place is not reasonably available in the election district or a contig-
50 uous election district and that specific efforts were undertaken in
51 cooperation with persons with disabilities who have contacted the legis-
52 lative body of the city or town which requested such waiver or the board
53 of elections which filed such written determination to locate such an
54 alternative accessible polling place and such efforts are listed in the
55 petition or written determination, (2) that compliance with the polling
56 place accessibility requirements of this subdivision would require that
S. 1407 118 A. 2107
1 unreasonable expenses be incurred and paid, pursuant to section 4-136 of
2 this article and that specific information regarding expenses for
3 compliance is listed in the petition or written determination, and (3)
4 that substantial efforts will be undertaken in cooperation with persons
5 with disabilities who have contacted the legislative body of the city or
6 town which requested such waiver or the board of elections which filed
7 such written determination during the period for which the waiver is
8 effective to achieve compliance with the polling place accessibility
9 requirements of this subdivision and that the specific substantial
10 efforts to be undertaken to achieve compliance are listed in the peti-
11 tion or written determination. For purposes of this subdivision, the
12 term "persons with disabilities" shall mean persons with disabilities
13 who shall be entitled to vote in the election district for which a waiv-
14 er is sought and service centers for independent living established
15 pursuant to article [twenty-three-A] thirty-three of the [education]
16 labor law and other entities which represent the interests of persons
17 with disabilities. A request for a waiver shall be filed at the same
18 time that the list of polling places is submitted to or established by
19 the board of elections. The board of elections shall forthwith prepare a
20 list of all election districts for which a waiver is sought or a written
21 determination filed. Such list together with all such petitions for
22 waiver and written determinations shall be public records at the office
23 of the board of elections. Not later than May seventh of each year, the
24 board of elections shall mail a copy of said list by first class mail to
25 every person who has made a written request for such list within the two
26 preceding calendar years. The board of elections shall either grant or
27 deny the waiver no later than June first of the year in which the
28 request is made. The state board of elections shall promulgate regu-
29 lations necessary to ensure proper execution of the provisions of this
30 subdivision.
31 § 39. Subdivision 2 of section 4209 of the education law, as amended
32 by chapter 348 of the laws of 1975, is amended to read as follows:
33 2. In the discretion of the commissioner of education a sum not to
34 exceed a sum equal to double the average annual per capita cost for
35 pupils attending all of the schools which are subject to the provisions
36 of section forty-two hundred one of this article shall be available [in
37 the manner provided in section forty-two hundred ten of this article] to
38 aid a blind and deaf pupil in receiving instruction in an institution
39 for the instruction of the deaf or blind located outside the state in
40 order to continue the education of such blind and deaf pupil for the
41 term of instruction provided in section forty-two hundred seven of this
42 article.
43 § 40. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2003; provided,
45 however, that sections one through six of this act shall take effect
46 October 1, 2003.
47 PART J
48 Section 1. Article 19-C of the executive law is REPEALED.
49 § 2. The social services law is amended by adding a new article 10-C
50 to read as follows:
51 ARTICLE 10-C
52 STATE COUNCIL ON CHILDREN AND FAMILIES
53 Section 483. Council on children and families; chair.
S. 1407 119 A. 2107
1 483-a. Utilization of other agency assistance.
2 483-b. Powers and duties of council.
3 483-c. Coordinated children's services for children with
4 emotional and/or behavioral disorders.
5 § 483. Council on children and families; chair. 1. There shall be a
6 council on children and families established within the office of chil-
7 dren and family services consisting of the following members: the state
8 commissioner of children and family services, the commissioner of tempo-
9 rary and disability assistance, the commissioner of mental health, the
10 commissioner of mental retardation and developmental disabilities, the
11 commissioner of the office of alcoholism and substance abuse services,
12 the commissioner of education, the state director of probation and
13 correctional alternatives, the commissioner of health, the commissioner
14 of the division of criminal justice services, the state advocate for
15 persons with disabilities, the director of the office for the aging, the
16 commissioner of labor, and the chair of the commission on quality of
17 care for the mentally disabled. The governor shall designate the chair
18 of the council and the chief executive officer.
19 2. The chair of the council in consultation with the commissioner of
20 the office of children and family services, shall designate staff from
21 the office of children and family services to work full time in carrying
22 out the functions of the council.
23 3. The council may conduct its meetings and, by and through the chair,
24 perform its powers and duties notwithstanding the absence of a quorum;
25 provided, however that no action may be taken by the council without the
26 concurrence of the chair.
27 § 483-a. Utilization of other agency assistance. To effectuate the
28 purposes of this article, any department, division, board, bureau,
29 commission or agency of the state or of any political subdivision there-
30 of shall, at the request of the chair, provide to the council such
31 facilities, assistance and data as will enable the council properly to
32 carry out its powers and duties and those of the chair.
33 § 483-b. Powers and duties of council. 1. As used in this section, the
34 terms "care", "services", "programs", and "services programs" shall mean
35 and include care, maintenance, services and programs provided to chil-
36 dren of the state and their families by or under the jurisdiction of a
37 member agency. The term "member agency" shall mean an agency headed by a
38 member of the council.
39 2. The council shall have the following powers:
40 (a) to identify problems and deficiencies in residential care and
41 community-based services programs and, on a selective basis, to plan and
42 make recommendations to the governor for the remedy of such problems and
43 deficiencies and for the development of programs of care and services
44 for children and their families;
45 (b) to make recommendations to improve coordination of program and
46 fiscal resources of state-local, public-voluntary care and services to
47 children and their families;
48 (c) to coordinate program and management research of member agencies
49 for the purpose of monitoring, evaluating or redirecting existing care
50 and services programs or developing new programs, and to conduct, spon-
51 sor, or direct member agencies to undertake such research or other
52 activities;
53 (d) to review and resolve differences, if any, concerning rules and
54 regulations of each member agency insofar as such rules and regulations
55 impact on services programs provided by other member agencies;
S. 1407 120 A. 2107
1 (e) to promulgate, amend and rescind rules and regulations relating to
2 the administration and performance of the powers and duties of the coun-
3 cil pursuant to this article;
4 (f) to review significant state and locally operated and supported
5 care and services, plans and proposals for new services for children and
6 families to determine whether such services are planned, created and
7 delivered in a coordinated, effective and comprehensive manner;
8 (g) to perform all other things necessary and convenient to carry out
9 the functions, powers and duties of the council and to effectuate the
10 purposes of this article; and
11 (h) to accept and expend any grants, awards, or other funds or appro-
12 priations as may be available to the council to effectuate the purposes
13 of this article, subject to the approval of the director of the budget.
14 3. The council shall review the budget requests of member agencies
15 insofar as such budgets jointly affect services programs for children
16 and their families and shall make comments and recommendations thereon
17 to the relevant member agencies and the governor.
18 4. (a) The council shall meet on a regular basis to implement the
19 purposes of this article and to discuss and resolve disputes, including
20 but not limited to disputes between member agencies, relating to their
21 functions, powers and duties over the provision of services to partic-
22 ular children and their families or to categories of children or child
23 and family problems when all the internal statutory and administrative
24 grievance or appeal procedures applicable to a member agency have failed
25 to finally resolve such dispute. The council shall direct each member
26 agency to establish and maintain such grievance or appeal procedures.
27 (b) The council shall direct member agencies to provide an evaluation,
28 including a diagnostic study, of a particular child and his or her fami-
29 ly when there is a dispute as to the appropriate agency or program in
30 which the child should be placed or from which the child and his or her
31 family should receive services, and, following such study, the council
32 shall order placement of a child with a member agency, or with a social
33 services official, or order a member agency to provide or require the
34 provision of services to the child and his or her family in a manner
35 consistent with the legal authority of the member agency or social
36 services official, as applicable.
37 (c) The council shall direct member agencies to take appropriate
38 direct action or to exercise their supervisory powers over local offi-
39 cials and agencies, in the resolution of such disputes.
40 (d) The duty of the council to resolve disputes involving particular
41 children may be performed on a selective basis within the discretion of
42 the council. Exercise of jurisdiction over such disputes by the council
43 or appeals to the council therefor shall not be required as a condition
44 precedent to the initiation of a proceeding pursuant to article seven-
45 ty-eight of the civil practice law and rules.
46 (e) A dispute relative to which member agency shall have the responsi-
47 bility for determining and recommending adult services pursuant to
48 sections 7.37 and 13.37 of the mental hygiene law, section three hundred
49 ninety-eight-c of the social services law, or subdivision ten of section
50 forty-four hundred three of the education law shall be resolved in
51 accordance with this subdivision.
52 5.(a) Notwithstanding any other provision of state law to the contra-
53 ry, the council may request any member agency to submit to the council
54 and such member agency shall submit, to the extent permitted by federal
55 law, all information in the form and manner and at such times as the
S. 1407 121 A. 2107
1 council may require that it is appropriate to the purposes and operation
2 of the council.
3 (b) The council shall protect the confidentiality of individual iden-
4 tifying information submitted to or provided by the council, and prevent
5 access thereto, by, or the distribution thereof to, persons not author-
6 ized by law.
7 § 483-c. Coordinated children's services for children with emotional
8 and/or behavioral disorders. 1. Purpose. The purpose of this section
9 shall be to establish a coordinated system of care for children with
10 emotional and behavioral disorders, and their families, who require
11 assistance from multiple agency systems to appropriately maintain such
12 children with their families, in their communities and in their local
13 school systems. Such system of care shall provide for the effective
14 collaboration among state and local health, mental hygiene, education,
15 juvenile justice, probation of care and other human services agencies
16 directed at improving outcomes for children with emotional and/or behav-
17 ioral disorders and their families leading to full participation in
18 their communities and schools. This shall include children with co-oc-
19 curring disorders. The absence of coordinated care often results in
20 inappropriate and costly institutional placements and limited communi-
21 ty-based services that support maintaining the child in the community.
22 Establishing the coordinated children's services initiative statewide is
23 intended to improve the manner in which services of multiple systems are
24 delivered and to eliminate barriers to a coordinated system of care.
25 2. Definitions. As used in this section:
26 (a) "Child with an emotional and/or behavioral disorder" shall mean a
27 person under eighteen years of age, or a person under twenty-one years
28 of age who has not completed secondary school, who has a mental illness,
29 as defined in subdivision twenty of section 1.03 of the mental hygiene
30 law, or is classified as a student with a disability pursuant to article
31 eighty-nine of the education law or section 504 of the federal rehabili-
32 tation act, or is considered to have a serious emotional or behavioral
33 problem, as considered by a tier I and/or tier II team representative
34 pursuant to this section. Such term shall include children with co-oc-
35 curring disorders.
36 (b) "Individualized family support plan" shall mean a plan developed
37 in conjunction with the family through a strength-based child and family
38 assessment containing a summary of the strengths, needs and goals of a
39 child with an emotional and/or behavioral disorder, and the services and
40 supports agreed to by the child, family and the tier I team represen-
41 tatives.
42 (c) "Family" shall mean, when appropriate, a child with an emotional
43 and/or behavioral disorder, his or her parents or those in parental
44 relationship to the child, blood relatives and extended family, includ-
45 ing non-relatives identified by the child and/or parents. Nothing in
46 this section shall be construed to deny the child, his or her parents or
47 those persons in parental relationship to the child of any rights they
48 are otherwise entitled to by law.
49 (d) "County" shall mean a county, except in the case of a county that
50 is wholly included within a city, such term shall mean such city.
51 (e) "Family support representative" shall mean a volunteer who is also
52 a parent or primary caregiver of a child with an emotional and/or behav-
53 ioral disorder. The family support representative shall assist families
54 throughout the process of developing and implementing an individualized
55 family support plan as defined in this section.
S. 1407 122 A. 2107
1 3. Interagency structure. (a) There shall be established a three
2 tiered interagency structure, as follows:
3 (i) State tier III team. There is hereby established a state team
4 designated as the "tier III team", which shall consist of the chair of
5 the council, the commissioners of children and family services, mental
6 health, health, education, alcohol and substance abuse services, and
7 mental retardation and developmental disabilities, and the director of
8 probation and correctional alternatives, or their designated represen-
9 tatives, and representatives of families of children with emotional
10 and/or behavioral disorders. Other representatives may be added at the
11 discretion of such team.
12 (ii) County tier II team. A county, or consortium of counties, choos-
13 ing to participate in the coordinated children's services initiative
14 shall establish an interagency team consisting of, but not limited to,
15 the local commissioners or leadership assigned by the chief elected
16 official responsible for the local health, mental hygiene, juvenile
17 justice, probation and other human services systems. The education
18 system shall be represented by the district superintendent of the board
19 of cooperative educational services, or his or her designee, and in the
20 case of the city of New York, by the chancellor of the city school
21 district of the city of New York, or his or her designee, and appropri-
22 ate local school district representatives as determined by the district
23 superintendent of the board of cooperative educational services or such
24 chancellor. Such team shall be sensitive to issues of cultural compe-
25 tence, and shall include representatives of families of children with an
26 emotional and/or behavioral disorder. Regional state agency represen-
27 tatives may participate when requested by such team.
28 (iii) Family-based tier I team. Tier II teams, in cooperation with a
29 child with an emotional and/or behavioral disorder and his or her fami-
30 ly, shall establish interagency teams to work with such child and family
31 to develop an individualized, strength-based family support plan and
32 coordinate interagency services agreed to in such plan. Such teams shall
33 include such child and family and, based on the needs of the child and
34 family, should also include a family support representative, represen-
35 tatives from the mental hygiene, education, juvenile justice, probation,
36 health, and other county child and family services systems.
37 (b) Roles and responsibilities of teams. (i) The state tier III team
38 shall coordinate statewide implementation of the coordinated children's
39 services initiative. Such team shall:
40 (A) coordinate planning across the health, mental hygiene, education,
41 juvenile justice, probation and human services systems;
42 (B) address barriers to the effective delivery of local interagency
43 services;
44 (C) coordinate the provision of technical assistance and training for
45 the effective implementation of the coordinated children's services
46 initiative;
47 (D) develop an appropriate reporting mechanism to track the outcomes
48 being achieved. Such mechanism shall be developed in concert with
49 participating counties; and
50 (E) report results and recommendations for change to the governor,
51 legislature and state board of regents, as appropriate.
52 (ii) The tier II teams shall coordinate the coordinated children's
53 services initiative at the local level. Such team shall:
54 (A) coordinate cross-systems training and provide linkages to other
55 county and school district planning for children;
56 (B) address local/regional barriers to the coordination of services;
S. 1407 123 A. 2107
1 (C) report on state level barriers to the effective delivery of coor-
2 dinated services and recommended changes to the state tier III team;
3 (D) report on outcomes using the mechanism developed by the state tier
4 III team;
5 (E) implement the goals and principles of the coordinated children's
6 services initiative; and
7 (F) make monies available consistent with subdivision five of this
8 section.
9 (iii) Each tier I team shall work collaboratively with the family to
10 develop an individualized family support plan that is:
11 (A) family-focused and family driven;
12 (B) built on child and family strengths; and
13 (C) comprehensive, including appropriate services and supports from
14 appropriate systems and natural supports from the community.
15 4. Goals and principles of operation. (a) Goals. The coordinated chil-
16 dren's services initiative shall enable children with emotional and/or
17 behavioral disorders, whenever appropriate for the child and family to:
18 (i) reside with their families;
19 (ii) live and participate successfully in their communities;
20 (iii) attend and be successful in their local school systems; and
21 (iv) grow towards becoming independent, contributing members of the
22 community.
23 (b) Principles of operation. The tier III and II teams shall provide a
24 system for serving children with emotional and/or behavioral disorders
25 that is:
26 (i) community-based, allowing children and families to receive
27 services close to their home;
28 (ii) culturally competent;
29 (iii) individualized and strengths-based in approach;
30 (iv) family friendly, involving the family as full and active partners
31 at every level of decision making, including policy development, plan-
32 ning, treatment and service delivery;
33 (v) comprehensive, involving all appropriate parties, including but
34 not limited to the family, child, natural supports, provider agencies
35 and other necessary community services;
36 (vi) funded through multiple systems with flexible funding mechanisms
37 that support creative approaches;
38 (vii) unconditionally committed to the success of each child; and
39 (viii) accountable with respect to use of agreed on and measured
40 outcomes.
41 5. Funding. Counties and school districts, including boards of cooper-
42 ative educational services as requested by component school districts,
43 choosing to participate in the coordinated children's services initi-
44 ative, unless expressly prohibited by law, shall have the authority to:
45 (a) combine state and federal resources of the participating county
46 and educational agencies to provide services to groups or individual
47 children and their families necessary to maintain children with
48 emotional and/or behavioral disorders in their homes, communities and
49 schools, and support families in achieving this goal, as long as the use
50 of the funds is consistent with the purposes for which they were appro-
51 priated; and
52 (b) apply flexibility in use of funds, pursuant to an individualized
53 family-support plan, or for collaborative programs, an agreement among
54 the county, city and school districts or the board of cooperative educa-
55 tional services, monies combined pursuant to paragraph (a) of this
56 subdivision may be used to allow flexibility in determining and applying
S. 1407 124 A. 2107
1 interventions that will address the unique needs of the family. The tier
2 III team shall develop guidelines for the flexible use of funds in
3 implementing an individualized family support plan.
4 6. Administration and reports. The council shall be responsible for
5 the administration of the provisions of this section.
6 (a) The tier III team shall submit a report to the council detailing
7 the effectiveness in reaching the goals and objectives of the program
8 established by this section. Such report shall include recommendations,
9 based on the experience gained pursuant to the provisions of this arti-
10 cle, for modifying statewide policies, regulations or statutes. The
11 council shall forward such report to the governor, the legislature and
12 the state board of regents on or before the first day of July of each
13 year, including the recommendations of the tier III members regarding
14 the feasibility and implications of implementing the recommendations.
15 (b) The tier III team shall have authority to receive funds and work
16 within agency structures, as agreed to by member agencies, to administer
17 funds for the purposes of carrying out its responsibilities.
18 (c) Parents and representatives of families, who are not compensated
19 for attendance as part of their employment, shall be compensated for
20 their tier III team participation and reimbursed for actual expenses,
21 including, but not limited to, child care.
22 7. Confidentiality. (a) Notwithstanding any other provision of state
23 law to the contrary, tier I, II and III team participants in the coordi-
24 nated children's services system shall have access to case record and
25 related treatment information as necessary to support the purposes of
26 this section, to the extent permitted by federal law.
27 (b) Tier I, II and III team participants shall protect the confiden-
28 tiality of all individual identifying case record and related treatment
29 information, and prevent access thereto, by, or the distribution thereof
30 to, other persons not authorized by State or federal law.
31 § 3. Notwithstanding any provision of law to the contrary, effective
32 April 1, 2003, the council of children and families, as originally
33 established by article 19-C of the executive law, and all functions,
34 powers, duties, obligations and assets relating to the council as set
35 forth in section two of this act shall be transferred to the office of
36 children and family services.
37 § 4. Transfer of authority, administration and appropriations.
38 1. The executive director of the council on children and families
39 shall provide for the orderly transfer of all matters, records and
40 things relating to the council.
41 2. The director of the budget is hereby authorized to transfer to the
42 office of children and family services funds otherwise appropriated or
43 reappropriated to the council on children and families consistent with
44 the purposes of this act.
45 § 5. Transfer of employees.
46 1. Upon the transfer of the functions, powers and duties of the coun-
47 cil pursuant to section three of this act, the transfer of affected
48 employees shall be in accordance with section 70 of the civil service
49 law.
50 § 6. Notwithstanding any other law, rule or regulation to the contra-
51 ry, effective April 1, 2003, the commissioner of children and family
52 services shall be the designee of the state of New York for the purpose
53 of carrying into effect the provisions of the federal laws relating to
54 the functions, powers, duties and obligations of the council on children
55 and families hereby transferred and assigned to the office of children
56 and family services, and any federal funds applicable to appropriations
S. 1407 125 A. 2107
1 to the council on children and families for such functions, powers,
2 duties and obligations may be made available to the office of children
3 and family services subject to the approval of the director of the budg-
4 et.
5 § 7. Transfer of records. All books, papers, records and property
6 relating to the functions, powers, duties and obligations of the council
7 on children and families are to be delivered to the office of children
8 and family services at such place and time, and in such manner as the
9 commissioner of children and families requires.
10 § 8. Continuation of rules and regulations. All rules, regulations,
11 acts, determinations and decisions of the executive director of the
12 council on children and families with respect to the functions, powers,
13 duties and obligations of the council in force on April 1, 2003 shall
14 continue in force and effect as rules, regulations, acts, determinations
15 and decisions of the commissioner of the office of children and family
16 services until amended or revised by said commissioner.
17 § 9. Completion of unfinished business. Any business or other matter
18 undertaken or commenced by the council on children and families relating
19 to the functions, powers, duties and obligations of the council pending
20 on April 1, 2003 shall be conducted and completed by the office of chil-
21 dren and families in the same manner and under the same terms and condi-
22 tions and with the same effect as if conducted and completed by the
23 council on children and families.
24 § 10. Terms occurring in laws, contracts and other documents. Whenev-
25 er the functions, powers, obligations, duties and officials relating to
26 the council on children and families and the executive director thereof
27 are referred to or designated in any law, contract or document, such
28 reference or designation shall be deemed to refer to the appropriate
29 functions, powers, obligations, duties and officials in the council
30 established by section two of this act, the office of children and fami-
31 ly services, or of the commissioner thereof, as applicable.
32 § 11. Existing rights and remedies preserved. No existing right or
33 remedy of any character shall be lost, impaired or affected by reason of
34 this act.
35 § 12. Subdivision 1 of section 465 of the social services law, as
36 added by chapter 974 of the laws of 1984, is amended to read as follows:
37 1. "Council" means those member state agencies of the council on chil-
38 dren and families, created pursuant to [article nineteen-C of the execu-
39 tive law] article ten-C of the social services law.
40 § 13. Subdivision 3 of section 409-i of the social services law is
41 REPEALED.
42 § 14. Subdivision 1 of section 441 of the executive law, as added by
43 chapter 757 of the laws of 1977, is amended to read as follows:
44 1. "Council" shall mean the council on children and families created
45 by section [four hundred forty-two] four hundred eighty-three of [this
46 article] the social services law.
47 § 15. Section 992 of the executive law, as added by chapter 166 of the
48 laws of 1990, is amended to read as follows:
49 § 992. Implementation of the family policy. The family policy shall be
50 implemented by the state council on children and families pursuant to
51 [paragraph (i) of subdivision two of section four hundred forty-four of
52 this chapter] paragraph (f) of subdivision two of section 483-b of the
53 social services law.
54 § 16. This act shall take effect April 1, 2003.
55 PART K
S. 1407 126 A. 2107
1 Section 1. Subdivision 2 of section 530 of the executive law, as
2 amended by chapter 920 of the laws of 1982, is amended to read as
3 follows:
4 2. Expenditures made by social services districts in providing care,
5 maintenance and supervision to youth in detention facilities designated
6 pursuant to sections seven hundred twenty-four and 305.2 of the family
7 court act and certified by the [division for youth] office of children
8 and family services, shall be subject to reimbursement by the state upon
9 approval by the [division] office of children and family services in
10 accordance with its regulations, as follows:
11 (1) the full amount expended by the district for care, maintenance and
12 supervision of state charges;
13 (2) (a) fifty percent of the amount expended for the care, maintenance
14 and supervision of [local] other than state charges held in secure
15 detention where counties conform with the requirements of subdivision B
16 of section two hundred eighteen-a of the county law; and
17 (b) for any day a youth is in detention from the first day of October,
18 two thousand three through the thirty-first day of December, two thou-
19 sand four, where counties conform with the requirements of subdivision B
20 of section two hundred eighteen-a of the county law and such youth is
21 detained in non-secure detention pursuant to article three or seven of
22 the family court act: fifty percent of the amount expended for the care,
23 maintenance and supervision of such youth for up to forty-five days in
24 detention and twenty-five percent of the amount expended for the care,
25 maintenance and supervision of such youth for days forty-six through
26 ninety in detention. Reimbursement shall not be available under this
27 subdivision for the amount expended for the care, maintenance and super-
28 vision of such youth for days in excess of ninety days in detention.
29 When determining the level of reimbursement available for a youth for
30 any day covered under this paragraph, the number of days the youth was
31 in detention on or after the first day of April two thousand three or
32 the number of days the youth was in detention within the preceding
33 twelve months, whichever is less, shall count regardless of whether such
34 days are continuous or non-consecutive;
35 (c) for any day a youth is in detention from the first day of January
36 through the thirty-first day of December, two thousand five, where coun-
37 ties conform with the requirements of subdivision B of section two
38 hundred eighteen-a of the county law and such youth is detained in non-
39 secure detention pursuant to article three or seven of the family court
40 act: fifty percent of the amount expended for the care, maintenance and
41 supervision of such youth for up to forty-five days in detention and
42 twenty-five percent of the amount expended for the care, maintenance and
43 supervision of such youth for days forty-six through sixty in detention.
44 Reimbursement shall not be available under this subdivision for the
45 amount expended for the care, maintenance and supervision of such youth
46 for days in excess of sixty days in detention. When determining the
47 level of reimbursement available for a youth for any day covered under
48 this paragraph, all of the days the youth was in detention in the twelve
49 months immediately preceding that day, whether continuous or non-conse-
50 cutive, shall count even if some of those days occurred before the first
51 day of January, two thousand five;
52 (d) for any day a youth is in detention from the first day of January,
53 two thousand six and thereafter, where counties conform with the
54 requirements of subdivision B of section two hundred eighteen-a of the
55 county law and such youth is detained in non-secure detention pursuant
56 to article three or seven of the family court act: fifty percent of the
S. 1407 127 A. 2107
1 amount expended for the care, maintenance and supervision of such youth
2 for up to forty-five days of detention. Reimbursement shall not be
3 available under this subdivision for the amount expended for the care,
4 maintenance and supervision of such youth for days in excess of forty-
5 five days in detention. When determining the level of reimbursement
6 available for a youth for any day covered under this paragraph, all of
7 the days the youth was in detention in the twelve months immediately
8 preceding that day, whether continuous or non-consecutive, shall count
9 even if some of those days occurred before the first day of January, two
10 thousand six; or
11 (3) where counties conform with the requirements of subdivision B of
12 section two hundred eighteen-a of the county law, fifty percent of the
13 amount expended for the care, maintenance and supervision of youth,
14 other than state charges, who are detained in secure or non-secure
15 detention pursuant to the criminal procedure law, youth who are in the
16 custody of the office of children and family services or youth who are
17 remanded to detention pursuant to sections seven hundred fifty-six or
18 353.3 of the family court act.
19 § 2. Subdivision 2-a of section 530 of the executive law, as added by
20 chapter 419 of the laws of 1987 and the closing paragraph as amended by
21 chapter 465 of the laws of 1992, is amended to read as follows:
22 2-a. Expenditures made by the city of New York in providing care,
23 maintenance and supervision to youth detained pursuant to article seven
24 of the family court act in foster care facilities approved by the [state
25 department of social] office of children and family services shall be
26 subject to reimbursement by the state upon the approval of the [divi-
27 sion] office of children and family services, as follows:
28 (1) the full per diem rate set by the [state department of social]
29 office of children and family services for such programs for the care,
30 maintenance and supervision of state charges;
31 (2) fifty percent of the per diem rate set by the [state department of
32 social] office of children and family services for such programs for the
33 care, maintenance and supervision of [local] other than state charges;
34 except:
35 (a) for any day a youth is in detention from the first day of October,
36 two thousand three through the thirty-first day of December, two thou-
37 sand four: fifty percent of the per diem rate set by the office of chil-
38 dren and family services for such programs for the care, maintenance and
39 supervision of such youth for up to forty-five days in detention and
40 twenty-five percent of the per diem rate set for such programs for days
41 forty-six through ninety in detention. Reimbursement shall not be
42 available under this subdivision for the amount expended for the care,
43 maintenance and supervision of such youth for days in excess of ninety
44 days in detention. When determining the level of reimbursement avail-
45 able for a youth for any day covered under this paragraph, the number of
46 days the youth was in detention on or after the first day of April, two
47 thousand three or the number of days the youth was in detention within
48 the preceding twelve months, whichever is less, shall count regardless
49 of whether such days are continuous or non-consecutive;
50 (b) for any day a youth is in detention from the first day of January
51 through the thirty-first day of December, two thousand five: fifty
52 percent of the per diem rate set by the office of children and family
53 services for such programs for the care, maintenance and supervision of
54 such youth for up to forty-five days in detention and twenty-five
55 percent of the per diem rate set for such programs for the care, mainte-
56 nance and supervision of such youth for days forty-six through sixty in
S. 1407 128 A. 2107
1 detention. Reimbursement shall not be available under this subdivision
2 for the amount expended for the care, maintenance and supervision of
3 such youth for days in excess of sixty days in detention. When deter-
4 mining the level of reimbursement available for a youth for any day
5 covered under this paragraph, all of the days the youth was in detention
6 in the twelve months immediately preceding that day, whether continuous
7 or non-consecutive, shall count even if some of those days occurred
8 before the first day of January, two thousand five; and
9 (c) for any day a youth is in detention from the first day of January,
10 two thousand six and thereafter: fifty percent of the per diem rate set
11 by the office of children and family services for such programs for the
12 care, maintenance and supervision of such youth for up to forty-five
13 days in detention. Reimbursement shall not be available under this
14 subdivision for days in excess of forty-five days in detention. When
15 determining the level of reimbursement available for a youth for any day
16 covered under this paragraph, all of the days the youth was in detention
17 in the twelve months immediately preceding that day, whether continuous
18 or non-consecutive, shall count even if some of those days occurred
19 before the first day of January, two thousand six.
20 Notwithstanding the provisions of this subdivision, section three
21 hundred ninety-eight-a of the social services law shall not apply to
22 facilities certified by the [division] office of children and family
23 services pursuant to section five hundred three of this chapter.
24 § 3. This act shall take effect October 1, 2003.
25 PART L
26 Section 1. Subparagraph (xi) of paragraph (d) of subdivision 3 of
27 section 364-j of the social services law, as amended by section 67 of
28 part A of chapter 1 of the laws of 2002, is amended to read as follows:
29 (xi) a foster child in the placement of a voluntary agency, with the
30 exception of children placed in foster boarding homes;
31 § 2. Subparagraph (ii) of paragraph (f) of subdivision 3 of section
32 364-j of the social services law, as amended by chapter 649 of the laws
33 of 1996, is amended to read as follows:
34 (ii) a foster [care] child in the direct care of the local social
35 services district or a foster child in a foster family boarding home
36 operated by a voluntary authorized agency. Participation in a managed
37 care program by a foster child in a foster boarding home operated by a
38 voluntary authorized agency may only be in accordance with a district
39 plan approved by the commissioner of the social services district with
40 responsibility for the foster children covered by the plan, the state
41 office of children and family services and the state department of
42 health. Such plan shall be developed in accordance with standards estab-
43 lished jointly by the state office of children and family services and
44 the state department of health. Such plan shall include, but not be
45 limited to, provisions assuring that such children receive uninterrupted
46 medical assistance benefits and continuity of care and that such chil-
47 dren may disenroll from a managed care program upon good cause shown,
48 including a change in foster care placement.
49 § 3. This act shall take effect immediately; provided, however the
50 amendments to paragraphs (d) and (f) of subdivision 3 of section 364-j
51 of the social services law made by sections one and two of this act
52 shall not affect the repeal of such section and shall be deemed repealed
53 therewith.
S. 1407 129 A. 2107
1 PART M
2 Section 1. Subdivision 10 of section 153 of the social services law,
3 as amended by section 11 of part C of chapter 83 of the laws of 2002, is
4 amended to read as follows:
5 10. Expenditures made by a social services district for the mainte-
6 nance of [handicapped] children with disabilities, placed by school
7 districts, pursuant to section forty-four hundred five of the education
8 law shall, if approved by the office of children and family services, be
9 subject to [fifty] forty percent reimbursement by the state and twenty
10 percent reimbursement by school districts in accordance with paragraph
11 (c) of subdivision one of section forty-four hundred five of the educa-
12 tion law, after first deducting therefrom any federal funds received or
13 to be received on account of such expenditures, except that in the case
14 of a student attending a state-operated school for the deaf or blind
15 pursuant to article eighty-seven or eighty-eight of the education law
16 who was not placed in such school by a school district such expenditures
17 shall be subject to fifty percent reimbursement by the state after first
18 deducting therefrom any federal funds received or to be received on
19 account of such expenditures and there shall be no reimbursement by
20 school districts. Such expenditures shall not be subject to the limita-
21 tions on state reimbursement contained in subdivision two of section one
22 hundred fifty-three-k of this chapter. In the event of the failure of
23 the school district to make the maintenance payment pursuant to the
24 provisions of this subdivision, the state comptroller shall withhold
25 state reimbursement to any such school district in an amount equal to
26 the unpaid obligation for maintenance and pay over such sum to the
27 social services district upon certification of the commissioner of the
28 office of children and family services and the commissioner of education
29 that such funds are overdue and owed by such school district. The
30 commissioner of the office of children and family services, in consulta-
31 tion with the commissioner of education, shall promulgate regulations to
32 implement the provisions of this subdivision.
33 § 2. Paragraph b of subdivision 1 of section 4405 of the education
34 law, as amended by chapter 53 of the laws of 1990, is amended and a new
35 paragraph c is added to read as follows:
36 b. Expenditures made by a social services district for the maintenance
37 of a child with a [handicapping condition] disability placed in a resi-
38 dential school under the provisions of this article, including a child
39 with a disability placed in a special act school district by a school
40 district committee on special education pursuant to this article, or a
41 child with a disability placed in a state school under the provisions of
42 articles eighty-seven and eighty-eight of this chapter shall be subject
43 to reimbursement by the state pursuant to the provisions of subdivision
44 ten of section one hundred fifty-three of the social services law.
45 Expenditures shall include both direct payments and deductions from
46 state aid made by the comptroller, if any, in lieu of such direct
47 payments.
48 c. Expenditures made by a social services district for the maintenance
49 of a child with a disability placed in a residential school under the
50 provisions of this article, including a child with a disability placed
51 by a school district committee on special education pursuant to this
52 article in a special act school district, or a state school subject to
53 the provisions of articles eighty-seven and eighty-eight of this chap-
54 ter, shall be subject to twenty percent reimbursement by the child's
55 school district of residence pursuant to the provisions of subdivision
S. 1407 130 A. 2107
1 ten of section one hundred fifty-three of the social services law. The
2 amount of such reimbursement shall be a charge upon such school district
3 of residence.
4 § 3. This act shall take effect July 1, 2003; provided, however, that
5 the amendments to subdivision 10 of section 153 of the social services
6 law made by section one of this act shall not affect the repeal of such
7 subdivision and shall be deemed to be repealed therewith.
8 PART N
9 Section 1. Title 1-A of article 6 of the social services law is
10 REPEALED.
11 § 2. This act shall take effect April 1, 2003.
12 PART O
13 Section 1. Paragraph (b) of subdivision 2 of section 131-a of the
14 social services law, as amended by chapter 87 of the laws of 1993, is
15 amended to read as follows:
16 (b) In addition to the above, the standard of need shall include
17 amounts for shelter and fuel for heating, amounts for home energy
18 payments (including amounts for supplemental home energy grants),
19 amounts for additional cost of meals for persons who are unable to
20 prepare meals at home and amounts for other items when required by indi-
21 vidual case circumstances for which specific provision is otherwise made
22 in article five of this chapter. For purposes of determining the amount
23 to be included in the standard of need for shelter and fuel for heating,
24 to the extent that federal reimbursement is available therefor, social
25 services officials shall include in the household any child who has
26 entered foster care pursuant to section three hundred eighty-four-a of
27 this chapter who was eligible for and in receipt of assistance and care
28 as a member of the household in and for the month of entry into foster
29 care and for whom the family service plan, as defined in section four
30 hundred nine-e of this chapter, includes a goal of discharge to a member
31 of the household. The amount actually expended for shelter, not to
32 exceed the amount in the following schedules, shall be the maximum
33 amount to be included in the standard of need for shelter for private
34 housing:
35 LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCES
36 WITHOUT HEAT
37 By Family Size
38 1 2 3 4 5 6 7 8+
39 Albany 176 204 234 255 276 285 297 325
40 Allegany 143 165 190 207 224 232 241 264
41 Broome 170 197 227 247 268 277 288 316
42 Cattaraugus 143 165 190 207 224 232 241 264
43 Cayuga 160 185 213 232 251 260 271 296
44 Chautauqua 145 168 193 210 228 235 245 268
45 Chemung 155 179 206 225 243 251 262 286
46 Chenango 142 164 189 206 223 231 240 263
47 Clinton 137 159 183 199 216 223 232 254
48 Columbia 155 180 207 226 244 253 263 288
49 Cortland 179 208 239 261 282 292 304 332
50 Delaware 151 175 201 219 237 245 255 279
51 Dutchess 174 202 232 253 274 283 295 322
S. 1407 131 A. 2107
1 Erie 155 182 205 223 242 250 260 285
2 Essex 145 168 193 210 228 235 245 268
3 Franklin 128 145 167 182 197 204 212 232
4 Fulton 125 145 167 182 197 204 212 232
5 Genesee 160 185 213 232 251 260 271 296
6 Greene 155 180 207 226 244 253 263 288
7 Hamilton 145 168 193 210 228 235 245 268
8 Herkimer 125 145 167 182 197 204 212 232
9 Jefferson 187 217 249 271 294 304 316 346
10 Lewis 105 122 140 153 165 71 178 195
11 Livingston 158 183 210 229 248 256 267 292
12 Madison 152 176 202 220 238 246 257 281
13 Monroe 227 263 302 329 356 368 384 420
14 Montgomery 125 145 167 182 197 204 212 232
15 Nassau 270 313 360 392 425 439 472 503
16 New York City 207 240 276 301 326 337 356 384
17 Niagara 163 189 217 237 256 265 276 302
18 Oneida 131 152 175 191 207 214 222 243
19 Onondaga 185 214 246 268 290 300 312 342
20 Ontario 165 191 220 240 260 268 279 306
21 Orange 195 226 260 283 307 317 330 361
22 Orleans 160 185 213 232 251 260 271 296
23 Oswego 141 164 188 203 222 229 239 261
24 Otsego 153 177 204 222 241 249 259 284
25 Putnam 195 226 260 283 307 317 330 361
26 Rensselaer 134 157 164 179 194 200 208 228
27 Rockland 272 316 363 396 428 443 461 505
28 St. Lawrence 134 156 179 195 211 218 227 249
29 Saratoga 164 190 218 238 257 266 277 303
30 Schenectady 168 195 224 244 264 273 284 311
31 Schoharie 153 177 204 222 241 249 259 284
32 Schuyler 149 172 198 216 234 242 251 275
33 Seneca 162 188 216 235 255 264 274 300
34 Steuben 137 159 183 199 216 223 232 254
35 Suffolk 290 337 387 422 457 472 491 538
36 Sullivan 164 190 218 238 257 266 277 303
37 Tioga 163 189 217 237 256 265 276 302
38 Tompkins 190 220 253 276 299 309 321 352
39 Ulster 221 256 294 320 347 359 373 409
40 Warren 159 184 212 231 250 259 269 295
41 Washington 168 195 224 244 264 273 284 311
42 Wayne 165 191 220 240 260 268 279 306
43 Westchester 259 300 345 376 407 421 438 480
44 Wyoming 155 179 206 225 243 251 262 286
45 Yates 139 161 185 202 218 226 235 257
46 LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCES
47 WITH HEAT
48 By Family Size
49 1 2 3 4 5 6 7 8+
50 Albany 184 213 245 267 289 299 311 341
51 Allegany 190 220 253 276 299 309 321 352
52 Broome 218 252 290 316 342 354 368 403
53 Cattaraugus 179 208 239 261 282 292 304 332
54 Cayuga 179 208 239 261 282 292 304 332
55 Chautauqua 167 194 223 243 263 272 283 310
56 Chemung 197 228 262 286 309 320 333 364
S. 1407 132 A. 2107
1 Chenango 189 219 252 275 297 307 320 350
2 Clinton 156 181 208 227 245 254 264 289
3 Columbia 191 221 254 277 300 310 323 353
4 Cortland 199 231 265 289 313 323 337 368
5 Delaware 200 232 267 291 315 326 339 371
6 Dutchess 216 251 288 314 340 351 366 400
7 Erie 169 201 215 234 254 262 273 299
8 Essex 199 231 265 289 313 323 337 368
9 Franklin 161 191 212 239 250 259 269 295
10 Fulton 159 184 212 231 250 259 269 295
11 Genesee 202 234 269 293 317 328 342 374
12 Greene 197 229 263 287 310 321 334 366
13 Hamilton 159 184 212 231 250 259 271 296
14 Herkimer 173 200 230 251 271 281 292 320
15 Jefferson 200 232 267 291 315 326 339 371
16 Lewis 152 177 203 221 240 248 258 282
17 Livingston 187 217 249 271 294 304 316 346
18 Madison 199 231 265 289 313 323 337 368
19 Monroe 257 298 343 374 405 418 436 477
20 Montgomery 158 184 211 230 249 257 268 293
21 Nassau 288 334 384 419 453 468 527 561
22 New York City 215 250 286 312 337 349 403 421
23 Niagara 174 202 232 253 274 283 295 322
24 Oneida 179 207 238 259 281 290 302 331
25 Onondaga 203 235 270 294 319 329 343 375
26 Ontario 207 240 276 301 326 337 351 384
27 Orange 229 265 305 332 360 372 387 424
28 Orleans 202 234 269 293 317 328 342 374
29 Oswego 183 212 244 266 288 298 310 339
30 Otsego 200 232 267 291 315 326 339 371
31 Putnam 237 275 316 344 373 386 401 439
32 Rensselaer 153 179 193 210 228 235 245 268
33 Rockland 302 350 402 438 474 490 511 559
34 St. Lawrence 182 211 242 264 286 295 307 336
35 Saratoga 185 215 247 269 291 301 314 343
36 Schenectady 195 226 260 283 307 317 330 361
37 Schoharie 199 231 265 289 313 323 337 368
38 Schuyler 194 224 258 281 304 315 328 359
39 Seneca 204 237 272 296 321 332 345 378
40 Steuben 159 184 212 231 250 259 269 295
41 Suffolk 309 358 412 449 486 503 523 573
42 Sullivan 211 244 281 306 332 343 357 391
43 Tioga 201 233 268 292 316 327 340 373
44 Tompkins 217 251 289 315 341 353 367 402
45 Ulster 263 305 350 382 413 427 445 486
46 Warren 215 250 287 313 339 350 364 399
47 Washington 199 231 265 289 313 323 337 368
48 Wayne 207 240 276 301 326 337 351 384
49 Westchester 271 314 361 393 426 440 474 536
50 Wyoming 199 231 265 289 313 323 337 368
51 Yates 181 210 241 263 284 294 306 335
52 § 2. Notwithstanding paragraph (b) of subdivision 2 of section 131-a
53 of the social services law, as amended by section one of this act, shel-
54 ter allowances exceeding the amounts set forth therein shall continue to
55 be paid to the extent provided in an appropriation expressly therefore
56 to persons eligible for assistance.
S. 1407 133 A. 2107
1 § 3. This act shall take effect April 1, 2003.
2 PART P
3 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
4 section 131-o of the social services law, as amended by chapter 109 of
5 the laws of 2002, are amended to read as follows:
6 (a) in the case of each individual receiving family care, an amount
7 equal to at least [$105.00] $106.00 for each month beginning on or after
8 January first, two thousand [two] three.
9 (b) in the case of each individual receiving residential care, an
10 amount equal to at least [$122.00] $124.00 for each month beginning on
11 or after January first, two thousand [two] three.
12 (c) in the case of each individual receiving care in a school for the
13 mentally retarded, an amount equal to at least [$84.00] $85.00 for each
14 month beginning on or after January first, two thousand [two] three.
15 [(d) for the period commencing January first, two thousand three, the
16 monthly personal needs allowance shall be an amount equal to the sum of
17 the amounts set forth in subparagraphs one and two of this paragraph:
18 (1) the amounts specified in paragraphs (a) through (c) of this subdi-
19 vision; and
20 (2) the amount in subparagraph one of this paragraph, multiplied by
21 the percentage of any federal supplemental security income cost of
22 living adjustment which becomes effective on or after January first, two
23 thousand three, but prior to June thirtieth, two thousand three, rounded
24 to the nearest whole dollar.]
25 § 2. Paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision 2
26 of section 209 of the social services law, as amended by chapter 109 of
27 the laws of 2002, are amended to read as follows:
28 (a) On and after January first, two thousand [two] three, for an
29 eligible individual living alone, [$632.00] $639.00; and for an eligible
30 couple living alone, [$921.00] $933.00.
31 (b) On and after January first, two thousand [two] three, for an
32 eligible individual living with others with or without in-kind income,
33 [$568.00] $575.00; and for an eligible couple living with others with or
34 without in-kind income, [$863.00] $875.00.
35 (c) On and after January first, two thousand [two] three, for an
36 eligible individual receiving family care, [$811.48] $818.48 if he or
37 she is receiving such care in the city of New York or the county of
38 Nassau, Suffolk, Westchester or Rockland; or [$773.48] $780.48 if he or
39 she is receiving such care in any other county in the state; for an
40 eligible couple receiving family care, [$1622.96] $1636.96 if they are
41 receiving such care in the city of New York or the county of Nassau,
42 Suffolk, Westchester or Rockland; or [$1546.96] $1560.96 if they are
43 receiving such care in any other county in the state.
44 (d) On and after January first, two thousand [two] three, for an
45 eligible individual receiving residential care, [$980.00] $987.00 if he
46 or she is receiving such care in the city of New York or the county of
47 Nassau, Suffolk, Westchester or Rockland; or [$950.00] $957.00 if he or
48 she is receiving such care in any other county in the state; and for an
49 eligible couple receiving residential care, [$1960.00] $1974.00 if they
50 are receiving residential care in the city of New York or the county of
51 Nassau, Suffolk, Westchester or Rockland; or [$1900.00] $1914.00 if they
52 are receiving such care in any other county of the state.
53 (e) On and after January first, two thousand [two] three, for an
54 eligible individual receiving care in a school for the mentally
S. 1407 134 A. 2107
1 retarded, [$1027.96] $1034.96 if he or she is receiving such care in the
2 city of New York; or [$1003.96] $1010.96 if he or she is receiving such
3 care in counties outside the city of New York.
4 (f) On and after January first, two thousand [two] three, for an
5 eligible couple receiving care in a school for the mentally retarded,
6 [$2055.92] $2069.92 if they are receiving such care in the city of New
7 York; or [$2007.92] $2021.92 if they are receiving such care in counties
8 outside the city of New York.
9 (g) [The] If and only to the extent that any such increase is required
10 to meet the requirements of paragraph four of subsection (a) of section
11 1618 of the federal social security act, without regard to subsection
12 (b) of such section, the amounts set forth in paragraphs (a) through (f)
13 of this subdivision shall be increased to reflect any increases in
14 federal supplemental security income benefits for individuals or couples
15 which become effective on or after January first, two thousand [three]
16 four but prior to June thirtieth, two thousand [three] four; provided,
17 however, that the amounts set forth in paragraphs (c), (d) and (f) of
18 this subdivision with respect to eligible couples shall be increased by
19 an amount equal to twice the increase hereunder for eligible individ-
20 uals.
21 § 3. Subdivision 1 of section 210 of the social services law, as
22 amended by chapter 109 of the laws of 2002, is amended to read as
23 follows:
24 1. Any inconsistent provisions of this title or any other law notwith-
25 standing, but subject to the provisions of subdivisions two and three of
26 this section, an individual who is deemed to have met the eligibility
27 criteria for additional state payments pursuant to paragraph (c) of
28 subdivision one of section two hundred nine of this title, shall be
29 entitled to receive for each month after December, nineteen hundred
30 seventy-three an additional state payment in an amount which, when added
31 to the supplemental security income benefit and other countable income,
32 is equal to such individual's December, nineteen hundred seventy-three
33 cash grant of assistance under the state's program of old age assist-
34 ance, assistance to the blind, aid to the disabled or the combined
35 program of aid to aged, blind and disabled persons, plus income not
36 excluded under such state program, plus an amount equal to the January,
37 nineteen hundred seventy-two bonus value of food stamps as determined in
38 accordance with the regulations of the office of temporary and disabili-
39 ty assistance plus, for any month after June, nineteen hundred seventy-
40 five, an amount reflecting the federal supplemental security increases
41 resulting from July first, nineteen hundred seventy-five cost of living
42 increases in such benefits, plus for any month after June, nineteen
43 hundred eighty-two, an amount equal to the July first, nineteen hundred
44 eighty-two federal supplemental security income cost of living adjust-
45 ment, providing such individual was eligible to receive a mandatory
46 state supplement for the month of December, nineteen hundred eighty-one,
47 plus for any month after June, nineteen hundred eighty-three, an amount
48 equal to $17.70 for individuals, $26.55 for couples who are living alone
49 or living with others and $35.40 for couples receiving family care,
50 residential care or care in schools for the mentally retarded, plus for
51 any month after December, nineteen hundred eighty-three, an amount equal
52 to $9.70 for individuals, $15.60 for couples who are living alone or
53 living with others and $19.40 for couples receiving family care, resi-
54 dential care or care in schools for the mentally retarded, plus for any
55 month after December, nineteen hundred eighty-four, an amount equal to
56 $11.00 for individuals, $16.00 for couples who are living alone or
S. 1407 135 A. 2107
1 living with others and $22.00 for couples receiving family care, resi-
2 dential care or care in schools for the mentally retarded, plus for any
3 month after December, nineteen hundred eighty-five, an amount equal to
4 $11.00 for individuals, $16.00 for couples who are living alone or
5 living with others and $22.00 for couples receiving family care, resi-
6 dential care or care in schools for the mentally retarded, plus for any
7 month after December, nineteen hundred eighty-six an amount equal to
8 $4.00 for individuals, $6.00 for couples who are living alone or living
9 with others and $8.00 for couples receiving family care, residential
10 care or care in schools for the mentally retarded, plus for any month
11 after December, nineteen hundred eighty-seven an amount equal to $14.00
12 for individuals, $22.00 for couples who are living alone or living with
13 others and $28.00 for couples receiving family care, residential care or
14 care in schools for the mentally retarded, plus for any month after
15 December, nineteen hundred eighty-eight an amount equal to $14.00 for
16 individuals, $21.00 for couples who are living alone or living with
17 others and $28.00 for couples receiving family care, residential care or
18 care in schools for the mentally retarded, plus for any other month
19 after December, nineteen hundred eighty-nine an amount equal to $18.00
20 for individuals, $27.00 for couples who are living alone or living with
21 others and $36.00 for couples receiving family care, residential care or
22 care in schools for the mentally retarded, plus for any month after
23 December, nineteen hundred ninety an amount equal to $21.00 for individ-
24 uals, $31.00 for couples who are living alone or living with others and
25 $42.00 for couples receiving family care, residential care or care in
26 schools for the mentally retarded, plus for any month after December,
27 nineteen hundred ninety-one an amount equal to $15.00 for individuals,
28 $23.00 for couples who are living alone or living with others and $30.00
29 for couples receiving family care, residential care or care in schools
30 for the mentally retarded, plus for any month after December, nineteen
31 hundred ninety-two, an amount equal to $12.00 for individuals, $19.00
32 for couples who are living alone or living with others and $24.00 for
33 couples receiving family care, residential care or care in schools for
34 the mentally retarded plus for any month after December, nineteen
35 hundred ninety-three an amount equal to $12.00 for individuals, $17.00
36 for couples who are living alone or living with others and $24.00 for
37 couples receiving family care, residential care or care in schools for
38 the mentally retarded plus for any month after December, nineteen
39 hundred ninety-four an amount equal to $12.00 for individuals, $18.00
40 for couples who are living alone or living with others and $24.00 for
41 couples receiving family care, residential care or care in schools for
42 the mentally retarded, plus for any month after December, nineteen
43 hundred ninety-five an amount equal to $12.00 for individuals, $18.00
44 for couples who are living alone or living with others and $24.00 for
45 couples receiving family care, residential care or care in schools for
46 the mentally retarded, plus for any month after December, nineteen
47 hundred ninety-six, an amount equal to $14.00 for individuals and $21.00
48 for couples plus for any month after December, nineteen hundred ninety-
49 seven an amount equal to $10.00 for individuals and $15.00 for couples
50 plus for any month after December, nineteen hundred ninety-eight an
51 amount equal to $6.00 for individuals and $11.00 for couples plus for
52 any month after December, nineteen hundred ninety-nine an amount equal
53 to $13.00 for individuals and $18.00 for couples plus for any month
54 after December, two thousand an amount equal to $18.00 for individuals
55 and $27.00 for couples plus for any month after December, two thousand
56 one an amount equal to $15.00 for individuals and $21.00 for couples
S. 1407 136 A. 2107
1 plus for any month after December, two thousand two an amount equal to
2 $7.00 for individuals and $12.00 for couples plus for any month after
3 December, two thousand three an amount equal to the amount of any
4 increases in federal supplemental security income benefits for individ-
5 uals or couples which become effective on or after January first, two
6 thousand [three] four but prior to June thirtieth, two thousand [three]
7 four.
8 § 4. This act shall take effect December 31, 2003, and shall apply to
9 benefits and allowances in months beginning after such date.
10 PART Q
11 Section 1. Section 74 of the executive law is REPEALED.
12 § 2. The social services law is amended by adding a new section 18 to
13 read as follows:
14 § 18. Investigation of fraud. 1. Definitions. For purposes of this
15 section, the following definitions shall apply:
16 (a) "Investigation of fraud" means, investigation of fraud, abuse, or
17 illegal acts perpetrated within local social services districts, or by
18 contractees or recipients of public assistance.
19 (b) "Office" means the office of temporary and disability assistance.
20 (c) "Commissioner" means the commissioner of the office of temporary
21 and disability assistance.
22 2. The office shall hereby have as one of its purposes the investi-
23 gation of fraud.
24 3. Functions, duties and responsibilities. The commissioner shall
25 designate an employee to be welfare inspector general to have the
26 following functions, duties and responsibilities concerning the investi-
27 gation of fraud:
28 (a) to conduct and supervise investigations relating to the programs
29 of the office and, to the greatest extent possible, to coordinate such
30 activities with such other state agencies as deemed appropriate by the
31 commissioner;
32 (b) to prosecute fraud, abuse or illegal acts perpetrated within the
33 social services districts, or by contractees or recipients of public
34 assistance;
35 (c) to make information and evidence relating to criminal acts, which
36 he or she or the employees designated to investigate fraud may obtain in
37 carrying out their duties, available to appropriate law enforcement
38 officials and to consult with local district attorneys to coordinate
39 investigations and criminal prosecutions;
40 (d) to subpoena witnesses, administer oaths or affirmations, take
41 testimony and compel the production of such books, papers, records and
42 documents as he or she may deem to be relevant to an audit or investi-
43 gation undertaken pursuant to this section;
44 (e) to monitor the implementation of his or her recommendations and
45 those of other audit or investigation agencies;
46 (f) to recommend policies relating to the prevention and detection of
47 fraud and abuse or the identification and prosecution of participants in
48 such fraud or abuse; and
49 (g) to receive complaints of alleged failures of local officials to
50 prevent, detect and prosecute fraud and abuse.
51 4. Cooperation of agency officials and employees. (a) In addition to
52 the authority otherwise provided by this section, the commissioner, and
53 any staff designated by the commissioner for investigating fraud, in
54 carrying out the provisions of this section, is authorized:
S. 1407 137 A. 2107
1 (i) to have full and unrestricted access to all records, reports,
2 audits, reviews, documents, papers, recommendations or other material
3 available to the local social services districts relating to programs
4 and operations with respect to which the commissioner has responsibil-
5 ities under this section;
6 (ii) to make such investigations relating to the administration of the
7 programs and operations of the social services districts as are, in the
8 judgment of the commissioner, necessary or desirable; and
9 (iii) to request such information, assistance and cooperation from any
10 federal, state or local governmental department, board, bureau, commis-
11 sion or other agency or unit thereof as may be necessary for carrying
12 out the duties and responsibilities enjoined upon him or her by this
13 section. State and local agencies or units thereof are hereby authorized
14 and directed to provide such information, assistance and cooperation.
15 (b) Notwithstanding any other provision of law, rule or regulation to
16 the contrary, no person shall prevent, seek to prevent, interfere with,
17 obstruct or otherwise hinder any investigation being conducted pursuant
18 to this section. Section one hundred thirty-six of this chapter shall in
19 no way be construed to restrict any person or governmental body from
20 cooperating and assisting the commissioner or his or her designees in
21 carrying out their duties under this section. Any violation of this
22 paragraph shall constitute cause for suspension or removal from office
23 or employment.
24 5. Disclosure of information. (a) The commissioner shall not publicly
25 disclose information that is:
26 (i) a part of any ongoing investigation; or
27 (ii) specifically prohibited from disclosure by any other provision of
28 law.
29 (b) Notwithstanding paragraph (a) of this subdivision, any report
30 under this section may be disclosed to the public in a form which
31 includes information with respect to a part of an ongoing criminal
32 investigation if such information has been included in a public record.
33 § 3. Subdivision 2 of section 136 of the social services law, as
34 amended by section 24 of part B of chapter 436 of the laws of 1997, is
35 amended to read as follows:
36 2. All communications and information relating to a person receiving
37 public assistance or care obtained by any social services official,
38 service officer, or employee in the course of his or her work shall be
39 considered confidential and, except as otherwise provided in this
40 section, shall be disclosed only to the commissioner of the office of
41 temporary and disability assistance, or his or her authorized represen-
42 tative, the commissioner of labor, or his or her authorized represen-
43 tative, the commissioner of health, or his or her authorized represen-
44 tative, [the welfare inspector general, or his or her authorized
45 representative,] the county board of supervisors, city council, town
46 board or other board or body authorized and required to appropriate
47 funds for public assistance and care in and for such county, city or
48 town or its authorized representative or, by authority of the county,
49 city or town social services official, to a person or agency considered
50 entitled to such information. Nothing herein shall preclude a social
51 services official from reporting to an appropriate agency or official,
52 including law enforcement agencies or officials, known or suspected
53 instances of physical or mental injury, sexual abuse or exploitation,
54 sexual contact with a minor or negligent treatment or maltreatment of a
55 child of which the official becomes aware in the administration of
56 public assistance and care nor shall it preclude communication with the
S. 1407 138 A. 2107
1 federal immigration and naturalization service regarding the immigration
2 status of any individual.
3 § 4. Transfer of employees. Upon transfer of the functions, powers
4 and duties of the former office of welfare inspector general to the
5 office of temporary and disability assistance pursuant to sections one,
6 two, and three of this act, the transfer of affected employees shall be
7 in accordance with section 70 of the civil service law.
8 § 5. Transfer of records. All books, papers and property of the former
9 welfare inspector general concerning the functions, powers, duties and
10 obligations hereby transferred and assigned to the office of temporary
11 and disability assistance are to be delivered to such office at such
12 place and time, and in such manner as the commissioner of the office of
13 temporary and disability assistance requires.
14 § 6. Completion of unfinished business. Any business or other matter
15 undertaken or commenced by the former welfare inspector general pertain-
16 ing to or connected with the functions, powers, duties and obligations
17 hereby transferred and assigned to the office of temporary and disabili-
18 ty assistance and pending on the effective date of this act shall be
19 conducted and completed by the office of temporary and disability
20 assistance in the same manner and under the same terms and conditions
21 and with the same effect as if conducted and completed by the former
22 welfare inspector general. Any business or other matter undertaken or
23 commenced by the former welfare inspector general pertaining to the
24 office of temporary and disability assistance or the office of children
25 and family services pending on the effective date of this act shall be
26 conducted and completed by the attorney general.
27 § 7. Terms occurring in laws, contracts and other documents. Whenever
28 the former welfare inspector general is referred to or designated in any
29 law, contract or document pertaining to the functions, powers, obli-
30 gations and duties hereby transferred and assigned, such reference or
31 designation shall be deemed to refer to the office of temporary and
32 disability assistance.
33 § 8. Existing rights and remedies preserved. No existing right or
34 remedy of any character shall be lost, impaired or affected by reason of
35 this act.
36 § 9. Pending actions and proceedings. No action or proceeding pending
37 at the time this act shall take effect relating to the functions, powers
38 and duties of the former welfare inspector general transferred pursuant
39 to this act, brought by or against the welfare inspector general shall
40 be affected by any provision of this act, but the same may be prosecuted
41 or defended in the name of the commissioner of the office of temporary
42 and disability assistance. In all such actions and proceedings, the
43 commissioner of the office of temporary and disability assistance, upon
44 application to the court, shall be substituted as a party.
45 § 10. Transfer of appropriations heretofore made. Subject to the
46 approval of the director of the budget, all appropriations and reappro-
47 priations heretofore made to the former welfare inspector general for
48 the functions and purposes herein transferred by this act to the office
49 of temporary and disability assistance to the extent of remaining unex-
50 pended or unencumbered balances thereof, whether allocated or unallo-
51 cated and whether obligated or unobligated, are hereby transferred to
52 and made available for use and expenditures by the office of temporary
53 and disability assistance for the same purposes for which originally
54 appropriated or reappropriated and shall be payable on vouchers certi-
55 fied or approved by the commissioner of the office of temporary and
56 disability assistance on audit and warrant of the comptroller. Payments
S. 1407 139 A. 2107
1 for liabilities for expenses of personal services, maintenance and oper-
2 ation heretofore incurred by and for liabilities incurred and to be
3 incurred in completing the affairs of the former welfare inspector
4 general with respect to the powers, duties and functions transferred
5 herein, shall also be made on vouchers or certificates approved by the
6 commissioner of the office of temporary and disability assistance on
7 audit and warrant of the comptroller.
8 § 11. Transfer of assets and liabilities. All assets and liabilities
9 of the former welfare inspector general are hereby transferred to and
10 assumed by the office of temporary and disability assistance.
11 § 12. This act shall take effect April 1, 2003.
12 PART R
13 Section 1. Subdivision 2 of section 1306-a of the real property tax
14 law, as added by section 16 of part B of chapter 389 of the laws of
15 1997, is amended to read as follows:
16 2. Tax savings. (a) The tax savings for each parcel receiving the
17 exemption authorized by section four hundred twenty-five of this chapter
18 shall be computed by subtracting the amount actually levied against the
19 parcel from the amount that would have been levied if not for the
20 exemption, provided however, that for purposes of the two thousand
21 three--two thousand four school year, in no case shall the tax savings
22 for the basic exemption within any school district "portion" (which for
23 purposes of this section, shall mean that part of an assessing unit
24 located within a school district) exceed the maximum tax savings that
25 was applicable within that portion for purposes of the two thousand
26 two--two thousand three school year relative to the basic STAR
27 exemption. The maximum tax savings for the basic exemption applicable
28 within a portion for the two thousand two--two thousand three school
29 year shall be determined for this purpose by multiplying the exempt
30 amount determined by the state board pursuant to paragraph (a) of subdi-
31 vision two of section four hundred twenty-five of this chapter for the
32 portion in question for the basic exemption by the school tax rate which
33 was applicable within that portion for the two thousand two--two thou-
34 sand three school year. Where a school tax rate was changed in the midst
35 of the two thousand two--two thousand three school year, an annualized
36 school tax rate shall be used for this purpose. The annualized tax rate
37 for this purpose shall be determined by calculating the average of the
38 tax rates in effect at various times during the school year, weighted
39 according to the length of time during which they were respectively
40 applicable.
41 (b) A statement shall then be placed on the tax bill for the parcel in
42 substantially the following form: "Your tax savings this year resulting
43 from the New York state school tax relief (STAR) program is $_______."
44 § 2. Subparagraph (iii) of paragraph (k) of subdivision 2 of section
45 425 of the real property tax law, as added by section 1-a of part E of
46 chapter 83 of the laws of 2002, is redesignated subparagraph (iv) and
47 amended to read as follows:
48 (iv) Notwithstanding the provisions of subparagraph (ii) of this para-
49 graph, when a cooperative apartment corporation is incorporated as a
50 mutual company pursuant to the private housing finance law, and the
51 granting of an exemption pursuant to this section would not inure to the
52 benefit of eligible tenant-stockholders because the real property of
53 such corporation is subject to an exemption from taxation pursuant to
54 section thirty-three, ninety-three, one hundred twenty-five or five
S. 1407 140 A. 2107
1 hundred fifty-six of the private housing finance law, an alternative
2 benefit shall be provided to such corporation and passed through to
3 eligible tenant-stockholders in the manner provided by this subdivision.
4 Such alternative benefit shall consist of a reduction in the real prop-
5 erty taxes or payments in lieu of taxes that would otherwise be payable
6 on account of such real property. The total amount of such reduction
7 shall be the sum of the "STAR savings" for all of the cooperative apart-
8 ment units that are occupied by one or more eligible tenant-stockhold-
9 ers. The STAR savings for each such unit shall be equal to one-third of
10 the exempt amount determined pursuant to paragraph (a) of this subdivi-
11 sion for purposes of the basic or enhanced exemption, as the case may
12 be, multiplied by the applicable school tax rate, or in the case of a
13 school district described in paragraph (j) of this subdivision, by the
14 applicable city tax rate. Provided, however, in no case shall the STAR
15 savings for any individual unit exceed the amount payable by or chargea-
16 ble to the unit on account of real property taxes or payments in lieu of
17 taxes. Provided, further, that for purposes of the two thousand three--
18 two thousand four school year, in no case shall the STAR savings for the
19 basic exemption within any school district "portion" (which for purposes
20 of this section, shall mean that part of an assessing unit located with-
21 in a school district) exceed the maximum STAR savings that was applica-
22 ble within that portion for purposes of the two thousand two--two thou-
23 sand three school year relative to the basic STAR exemption. The maximum
24 STAR savings for the basic exemption applicable within a portion for the
25 two thousand two--two thousand three school year shall be determined for
26 this purpose by multiplying the one-third of the exempt amount deter-
27 mined by the state board for the portion in question for the basic
28 exemption by the school tax rate which was applicable within that
29 portion for the two thousand two--two thousand three school year. Where
30 a school tax rate was changed in the midst of the two thousand two--two
31 thousand three school year, an annualized school tax rate shall be used
32 for this purpose. The annualized tax rate for this purpose shall be
33 determined by calculating the average of the tax rates in effect at
34 various times during the school year, weighted according to the length
35 of time during which they were respectively applicable. The STAR savings
36 so determined for each unit shall be credited by the cooperative apart-
37 ment corporation against the real property taxes or payments in lieu of
38 taxes otherwise payable by or chargeable to the eligible tenant-stock-
39 holders. The total of the alternative benefits provided pursuant to this
40 subparagraph shall be a state charge which shall be payable in the same
41 manner that school districts are compensated pursuant to section thir-
42 teen hundred six-a of this chapter for tax savings attributable to
43 exemptions granted pursuant to this section.
44 § 3. This act shall take effect immediately.
45 PART S
46 Section 1. Section 2022 of the education law is amended by adding a
47 new subdivision 6 to read as follows:
48 6. a. Notwithstanding any other provision of law to the contrary,
49 commencing with school district budgets for the school year two thousand
50 three--two thousand four, total spending under the school district budg-
51 et for any district whose budget is subject to voter approval shall not
52 exceed total spending under the school district budget for the prior
53 school year by a percentage that exceeds the lesser of: (i) four
54 percent, or (ii) the result obtained when one hundred twenty percent is
S. 1407 141 A. 2107
1 multiplied by the percentage increase in the consumer price index over
2 the twelve month period preceding January first of the calendar year in
3 which the current school year commences, with the result rounded to two
4 decimal places, except with the approval of the qualified voters in the
5 manner prescribed in paragraph b of this subdivision.
6 b. Notwithstanding any other provision of law to the contrary, the
7 approval of at least two-thirds of the qualified voters present and
8 voting at an annual or special school district meeting shall be required
9 in order to override the total spending limitation imposed by this
10 subdivision in the current school year. Notwithstanding any other
11 provision of law to the contrary, where a two-thirds vote is required
12 pursuant to this paragraph and a majority of the qualified voters pres-
13 ent and voting, but less than two-thirds, approve the school district
14 budget or other proposition for the expenditure of money:
15 (i) such budget or proposition shall be deemed approved by the voters
16 subject to the spending limitation imposed by this subdivision;
17 (ii) the school authorities shall be authorized to make any reductions
18 in such budget or proposition that are necessary to comply with the
19 spending limitation without further approval of the voters and without
20 adopting a contingency budget pursuant to section two thousand twenty-
21 three of this part; and
22 (iii) the school authorities shall be authorized to resubmit to the
23 voters on one additional occasion a separate proposition to override the
24 total spending limitation imposed by this section for the current school
25 year and to fully implement the budget or proposition previously
26 approved by majority vote, provided that such separate proposition to
27 override is approved by at least two-thirds of the qualified voters
28 present and voting. Notwithstanding any other provision of law to the
29 contrary, if the approval of the qualified voters to override the limi-
30 tation on total spending is not obtained upon such one resubmission, the
31 school authorities shall make any reductions in the budget or proposi-
32 tion that are necessary to comply with the total spending limitation.
33 c. The notice of any annual or special district meeting at which any
34 proposition for the expenditure of moneys that could result in an
35 increase in total spending in excess of the limitation imposed by this
36 subdivision is submitted to the voters, and the notice of any special
37 district meeting at which a proposition to override such spending limi-
38 tation is submitted, shall include a statement that a vote of at least
39 two-thirds of the qualified voters present and voting is required to
40 approve such propositions.
41 d. For the purposes of this subdivision:
42 (i) "Consumer price index" shall mean the percentage that represents
43 the average of the national consumer price indexes for all urban consum-
44 ers (CPI-U) determined by the United States department of labor.
45 (ii) "Current school year" shall mean the school year for which school
46 taxes are levied.
47 (iii) "Total spending" shall mean the total amount appropriated under
48 the school district budget for the school year, provided that the
49 following types of expenditures shall be disregarded in determining
50 total spending:
51 (A) the types of expenditures set forth in paragraph b of subdivision
52 four of section two thousand twenty-three of this part, whether or not a
53 contingency budget has been adopted; and
54 (B) expenditures resulting from an actual increase in enrollment over
55 the projected enrollment used to develop the school district budget; and
S. 1407 142 A. 2107
1 (C) expenditures from appropriations for gifts or federal grants-in-
2 aid that are added after adoption of the school district budget for the
3 current school year.
4 § 2. This act shall take effect immediately.
5 PART T
6 Section 1. Title VIII of the education law is REPEALED.
7 § 2. Article 40 and sections 900 and 901 of the general business law,
8 as renumbered by chapter 407 of the laws of 1973, are renumbered article
9 50 and sections 5000 and 5001.
10 § 3. The general business law is amended by adding a new article 40 to
11 read as follows:
12 ARTICLE 40
13 THE PROFESSIONS
14 Subarticle 1. General provisions
15 2. Medicine
16 2-A. Definitions of professional misconduct applicable to
17 physicians, physician's assistants and specialist's
18 assistants
19 2-B. Physician's assistants and specialist's assistants
20 3. Chiropractic
21 4. Dentistry and dental hygiene
22 5. Veterinary medicine and animal health technology
23 6. Physical therapy and physical therapist assistants
24 7. Pharmacy
25 8. Nursing
26 9. Professional midwifery practice act
27 10. Podiatry
28 11. Optometry
29 12. Ophthalmic dispensing
30 13. Engineering and land surveying
31 14. Architecture
32 15. Landscape architecture
33 16. Public accountancy
34 17. Shorthand reporting
35 18. Psychology
36 19. Social work
37 20. Massage therapy
38 21. Occupational therapy
39 22. Dietetics and nutrition
40 23. Speech-language pathologists and audiologists
41 24. Acupuncture
42 25. Interior design
43 26. Athletic trainers
44 28. Respiratory therapists and respiratory therapy techni-
45 cians
46 29. Medical physics practice
47 SUBARTICLE 1
48 GENERAL PROVISIONS
49 TITLE A
50 General provisions.
S. 1407 143 A. 2107
1 Section 900. Introduction.
2 901. Admission to a profession; licensing.
3 902. Disclosure with respect to loans made or guaranteed by the
4 New York state higher education services corpo-
5 ration.
6 903. Duration and registration of a license.
7 904. Practice of a profession.
8 905. Regulation of the professions.
9 906. Construction.
10 907. Professional referrals.
11 908. Course work or training in infection control practices.
12 TITLE B
13 State management.
14 Section 920. Supervision by the secretary of state.
15 921. Administration by the department of state.
16 922. State boards for the professions.
17 TITLE C
18 Professional misconduct.
19 Section 940. Definitions of professional misconduct.
20 941. Additional definition of professional misconduct; limited
21 application.
22 942. Additional definition of professional misconduct; arrears
23 in payment of support; limited application.
24 943. Additional definition of professional misconduct; failure
25 to comply in paternity or child support proceedings;
26 limited application.
27 944. Proceedings in cases of professional misconduct.
28 945. Temporary surrender of licenses during treatment for drug
29 or alcohol abuse.
30 946. Nurse peer assistance programs.
31 947. Voluntary non-disciplinary surrender of a license.
32 948. Penalties for professional misconduct.
33 TITLE D
34 Unauthorized acts.
35 Section 960. Unauthorized practice a crime.
36 961. Unauthorized use of a professional title a crime.
37 961-a. Penalties.
38 962. Criminal proceedings.
39 963. Restraint of unlawful acts.
40 TITLE A
41 General provisions.
42 § 900. Introduction. This article provides for the regulation of the
43 admission to and the practice of certain professions. This first subar-
44 ticle applies to all the professions included in this article, except
45 that prehearing procedures and hearing procedures in connection with the
46 regulation of professional conduct of the profession of medicine and
47 physician's assistants and specialist's assistants shall be conducted
S. 1407 144 A. 2107
1 pursuant to the provisions of Title II-A of article two of the public
2 health law. Each of the remaining subarticles applies to a particular
3 profession.
4 § 901. Admission to a profession; licensing. Admission to practice of
5 a profession in this state is accomplished by a license being issued to
6 a qualified applicant by the department of state. To qualify for a
7 license an applicant shall meet the requirements prescribed in the
8 subarticle for the particular profession and shall meet the requirements
9 prescribed in section 3-503 of the general obligations law.
10 § 902. Disclosure with respect to loans made or guaranteed by the New
11 York state higher education services corporation. Every application for
12 a license issued pursuant to the provisions of this subarticle shall
13 contain a question inquiring whether the applicant has any loans made or
14 guaranteed by the New York state higher education services corporation
15 currently outstanding, and if so, whether such applicant is presently in
16 default on any such loan. The name and address of any applicant who
17 answers either or both of such questions in the affirmative shall be
18 transmitted to such corporation by the department of state prior to the
19 date on which such license is issued.
20 § 903. Duration and registration of a license. 1. A license shall be
21 valid during the life of the holder unless revoked, annulled or
22 suspended by the secretary of state or in the case of physicians, physi-
23 cians practicing under a limited permit, physician's assistants,
24 specialist's assistants and medical residents, the licensee is stricken
25 from the roster of such licensees by the secretary of state on the order
26 of the state board for professional medical conduct in the department of
27 health. A licensee must register with the department and meet the
28 requirements prescribed in section 3-503 of the general obligations law
29 to practice in this state.
30 2. The department of state shall establish the beginning dates of the
31 registration periods for each profession and mail an application for
32 registration conforming to the requirements of section 3-503 of the
33 general obligations law to every licensee currently registered at least
34 four months prior to the beginning of the registration period for the
35 respective profession.
36 3. An application for registration and the required registration fee
37 shall be submitted together with or as a part of the application for a
38 license. A person initially licensed or a licensee resuming practice
39 after a lapse of registration during the last two years of a triennial
40 registration period shall receive a prorated refund of one-third of the
41 total registration fee for each full year of the triennial period that
42 has elapsed prior to the date of registration. Except as provided in
43 subdivision three-a of this section, the department of state shall renew
44 the registration of each licensee upon receipt of a proper application,
45 on a form prescribed by the department of state and conforming to the
46 requirements of section 3-503 of the general obligations law, and the
47 registration fee. Any licensee who fails to register by the beginning
48 of the appropriate registration period shall be required to pay an addi-
49 tional fee for late filing of ten dollars for each month that registra-
50 tion has been delayed. No licensee resuming practice after a lapse of
51 registration shall be permitted to practice without actual possession of
52 the registration certificate.
53 3-a. Prior to issuing any registration pursuant to this section and
54 section one thousand four of this article, the department of state shall
55 request and review any information relating to an applicant which
56 reasonably appears to relate to professional misconduct in his or her
S. 1407 145 A. 2107
1 professional practice in this and any other jurisdiction. Such depart-
2 ment shall advise the director of the office of professional medical
3 conduct in the department of health of any information about an appli-
4 cant which reasonably appears to be professional misconduct as defined
5 in sections one thousand fifty and one thousand fifty-one of this arti-
6 cle, within seven days of its discovery. The registration or re-regis-
7 tration of such applicant shall not be delayed for a period exceeding
8 thirty days unless the director finds a basis for recommending summary
9 action pursuant to subdivision twelve of section two hundred thirty of
10 the public health law after consultation with a committee on profes-
11 sional conduct of the state board for professional medical conduct, if
12 warranted. Re-registration shall be issued if the commissioner of
13 health fails to issue a summary order pursuant to subdivision twelve of
14 section two hundred thirty of the public health law within ninety days
15 of notice by the department of state pursuant to this subdivision.
16 Re-registration shall be denied if the commissioner of health issues a
17 summary order pursuant to subdivision twelve of section two hundred
18 thirty of the public health law.
19 4. Any licensee who is not engaging in the practice of his or her
20 profession in this state and does not desire to register shall so advise
21 the department of state. Such licensee shall not be required to pay an
22 additional fee for failure to register at the beginning of the registra-
23 tion period.
24 5. Licensees shall notify the department of any change of name or
25 mailing address within thirty days of such change. Failure to register
26 or provide such notice within one hundred eighty days of such change
27 shall be willful failure under section one thousand fifty of this arti-
28 cle.
29 6. The fee for replacement of a lost registration certificate or
30 license or for registration of an additional office shall be ten
31 dollars.
32 7. An additional fee of twenty-five dollars shall be charged for the
33 licensure or registration of any applicant who submits a bad check to
34 the department of state.
35 § 904. Practice of a profession. Admission to the practice of a
36 profession (1) entitles the licensee to practice the profession as
37 defined in the subarticle for the particular profession, (2) entitles
38 the individual licensee to use the professional title as provided in the
39 subarticle for the particular profession, and (3) subjects the licensee
40 to the procedures and penalties for professional misconduct as
41 prescribed in this subarticle.
42 § 905. Regulation of the professions. Admission to the practice of
43 the professions (licensing) and regulation of such practice shall be
44 supervised by the secretary of state and administered by the department
45 of state, assisted by a state board for each profession.
46 § 906. Construction. No definition of the practice of a profession
47 shall be construed to restrain or restrict the performance of similar
48 acts authorized in the definition of other professions.
49 § 907. Professional referrals. There shall be no monetary liability
50 on the part of, and no cause of action for damages shall arise against,
51 any association or society of professionals authorized to practice under
52 this article, or any employee, agent, or member thereof, for referring
53 any person to a member of the profession represented by such association
54 or society provided that such referral was made without charge as a
55 service to the public, and without malice, and in the reasonable belief
56 that such referral was warranted, based upon the facts disclosed.
S. 1407 146 A. 2107
1 § 908. Course work or training in infection control practices. Every
2 dentist, registered nurse, licensed practical nurse, podiatrist, optome-
3 trist and dental hygienist practicing in the state shall, every four
4 years, complete course work or training appropriate to the profes-
5 sional's practice approved by the department of state regarding
6 infection control and barrier precautions, including engineering and
7 work practice controls, in accordance with regulatory standards promul-
8 gated by the department of state, in consultation with the department of
9 health, which shall be consistent, as far as appropriate, with such
10 standards adopted by the department of health pursuant to section two
11 hundred thirty-nine of the public health law to prevent the transmission
12 of HIV/HBV in the course of professional practice. Each such profes-
13 sional shall document to the department of state at the time of regis-
14 tration that the professional has completed course work or training in
15 accordance with this section, provided, however that a professional
16 subject to the provisions of paragraph (f) of subdivision one of section
17 twenty-eight hundred five-k of the public health law shall not be
18 required to so document. The department of state shall provide an
19 exemption from this requirement to anyone who requests such an exemption
20 and who (i) clearly demonstrates that there would be no need for him or
21 her to complete such course work or training because of the nature of
22 his or her practice or (ii) that he or she has completed course work or
23 training deemed by the department of state to be equivalent to the
24 course work or training approved by the department of state pursuant to
25 this section. The department of state shall consult with organizations
26 representative of professions, institutions and those with expertise in
27 infection control and HIV and HBV with respect to the regulatory stand-
28 ards promulgated pursuant to this section.
29 TITLE B
30 State management.
31 § 920. Supervision by the secretary of state. The secretary of state
32 shall supervise the admission to and the practice of the professions. In
33 supervising, the secretary of state may:
34 (1) Promulgate rules, except that no rule shall be promulgated
35 concerning subarticle two-A of this article;
36 (2) Establish by rule, high school, preprofessional, professional and
37 other educational qualifications required for licensing in the
38 professions regulated by this article;
39 (3) Recognize schools offering educational programs for the
40 professions regulated by this article;
41 (4) Appoint such committees as it deems necessary and compensate
42 members of such committees who are not members of the department of
43 state up to one hundred dollars per day for each day devoted to commit-
44 tee functions, together with their necessary expenses;
45 (5) Waive education, experience and examination requirements for a
46 professional license prescribed in the subarticle relating to the
47 profession, provided the secretary of state shall be satisfied that the
48 requirements of such subarticle have been substantially met;
49 (6) Indorse a license issued by a licensing board of another state or
50 country upon the applicant fulfilling the following requirements:
51 (a) Application: file an application with the department of state;
52 (b) Education: meet educational requirements in accordance with the
53 regulations of the secretary of state;
54 (c) Experience: have experience satisfactory to the secretary of state
55 and in accordance with the secretary's regulations;
S. 1407 147 A. 2107
1 (d) Examination: pass an examination satisfactory to the secretary of
2 state and in accordance with the secretary's regulations;
3 (e) Age: be at least twenty-one years of age;
4 (f) Citizenship or immigration status: be a United States citizen or
5 an alien lawfully admitted for permanent residence in the United States;
6 (g) Character: be of good moral character as determined by the depart-
7 ment of state;
8 (7) Direct the department of state to remedy any error, omission,
9 delay or other circumstance in the issuance or registration of a
10 license;
11 (8) Designate a professional conduct officer, who shall be the chief
12 administrative officer of the office of the professions, or his or her
13 designee, in connection with professional licensing and misconduct
14 proceedings and criminal matters, such officer to be empowered to issue
15 subpoenas and administer oaths in connection with such proceedings;
16 (9) Establish by rule, standards of conduct with respect to advertis-
17 ing, fee splitting, practicing under a name other than that of the indi-
18 vidual licensee (when not specifically authorized), proper use of
19 academic or professional degrees or titles tending to imply professional
20 status, and such other ethical practices as the secretary of state shall
21 deem necessary, except that no rule shall be established concerning
22 subarticle two-A of this article; and
23 (10) Delegate to department of state officers the disposition of any
24 licensing matters pursuant to rules.
25 § 921. Administration by the department of state. 1. The department
26 of state shall administer the admission to and the practice of the
27 professions.
28 2. In administering, the department of state may:
29 a. Promulgate regulations, except that no regulations shall be promul-
30 gated concerning subarticle two-A of this article;
31 b. Conduct investigations;
32 c. Issue subpoenas;
33 d. Grant immunity from prosecution in accordance with section 50.20 of
34 the criminal procedure law to anyone subpoenaed in any investigation or
35 hearing conducted pursuant to this article; and
36 e. Excuse, for cause acceptable to the department of state, the fail-
37 ure to register with the department of state. Such excuse shall vali-
38 date and authorize such practitioner's right to practice pending regis-
39 tration.
40 3. The department of state assisted by the board for each profession,
41 shall:
42 a. Establish standards for preprofessional and professional education,
43 experience and licensing examinations as required to implement the
44 subarticle for each profession. Notwithstanding any other provision of
45 law, the secretary of state shall establish standards requiring that all
46 persons applying, on or after October first, two thousand three,
47 initially, or for the renewal of, a license, registration or limited
48 permit to be a physician, chiropractor, dentist, registered nurse,
49 podiatrist, optometrist, psychiatrist, psychologist or dental hygienist
50 shall, in addition to all the other licensure, certification or permit
51 requirements, have completed two hours of coursework or training regard-
52 ing the identification and reporting of child abuse and maltreatment.
53 The coursework or training shall be obtained from an institution or
54 provider which has been approved by the department of state to provide
55 such coursework or training. The coursework or training shall include
56 information regarding the physical and behavioral indicators of child
S. 1407 148 A. 2107
1 abuse and maltreatment and the statutory reporting requirements set out
2 in sections four hundred thirteen through four hundred twenty of the
3 social services law, including but not limited to, when and how a report
4 must be made, what other actions the reporter is mandated or authorized
5 to take, the legal protections afforded reporters, and the consequences
6 for failing to report. Each applicant shall provide the department of
7 state with documentation showing that he or she has completed the
8 required training. The department of state shall provide an exemption
9 from the child abuse and maltreatment training requirements to any
10 applicant who requests such an exemption and who shows, to the depart-
11 ment of state's satisfaction, that there would be no need because of the
12 nature of his or her practice for him or her to complete such training;
13 b. Review qualifications in connection with licensing requirements;
14 and
15 c. Provide for licensing examinations and reexaminations.
16 4. The department of state shall:
17 a. Register or approve educational programs designed for the purpose
18 of providing professional preparation which meet standards established
19 by the department of state.
20 b. Issue licenses, registrations, and limited permits to qualified
21 applicants;
22 c. (i) Issue a certificate of authority to a qualified professional
23 service corporation being organized under section fifteen hundred three
24 of the business corporation law or to a university faculty practice
25 corporation being organized under section fourteen hundred twelve of the
26 not-for-profit corporation law on payment of a fee of ninety dollars,
27 (ii) require such corporations to file a certified copy of each certif-
28 icate of incorporation and amendment thereto within thirty days after
29 the filing of such certificate or amendment on payment of a fee of twen-
30 ty dollars, (iii) require such corporations to file a triennial state-
31 ment required by section fifteen hundred fourteen of the business corpo-
32 ration law on payment of a fee of one hundred five dollars.
33 d. Revoke limited permits on the recommendation of the committee on
34 professional conduct for the profession concerned, except for limited
35 permits issued to physicians, physician's assistants and specialist's
36 assistants which shall be subject to sections two hundred thirty, two
37 hundred thirty-a, two hundred thirty-b and two hundred thirty-c of the
38 public health law;
39 e. Maintain public records of licenses issued and retain in its files
40 identifying data concerning each person to whom a license has been
41 issued;
42 f. Collect the fees prescribed by this article or otherwise provided
43 by law;
44 g. Prepare an annual report for the legislature, the governor and
45 other executive offices, the state boards for the professions, profes-
46 sional societies, consumer agencies and other interested persons. Such
47 report shall include but not be limited to a description and analysis of
48 the administrative procedures and operations of the department of state
49 based upon a statistical summary relating to (i) new licensure, (ii)
50 discipline, (iii) complaint, investigation, and hearing backlog, (iv)
51 budget, and (v) the state boards for the professions. Information
52 provided shall be enumerated by profession; and
53 h. Establish an administrative unit which shall be responsible for the
54 investigation, prosecution and determination of alleged violations of
55 professional conduct.
S. 1407 149 A. 2107
1 5. The secretary of state and the department of state shall perform
2 any other functions necessary to implement this article.
3 § 922. State boards for the professions. 1. A board for each profes-
4 sion shall be appointed by the secretary of state for the purpose of
5 assisting him or her and the department of state on matters of profes-
6 sional licensing, practice, and conduct. The composition of each board
7 shall be as prescribed in the subarticle relating to each profession.
8 Within each board a committee on licensing may be appointed by the board
9 chairman.
10 Except as provided in paragraph a of this subdivision, the membership
11 of each professional licensing board shall be increased by one member,
12 and each such board shall have at least one public representative who
13 shall be selected by the secretary of state from the general public.
14 a. The membership of the professional licensing boards created under
15 sections one thousand three, thirteen hundred fifty-four, fourteen
16 hundred four, and eighteen hundred three of this article shall be
17 increased by two members, and each such board shall have at least two
18 public representatives, who shall be selected by the secretary of state
19 from the general public.
20 b. For the purposes of this article, a "public representative" shall
21 be a person who is a consumer of services provided by those licensed or
22 otherwise supervised or regulated by the boards created hereunder, and
23 shall not be, nor within five years immediately preceding appointment
24 have been:
25 (i) a licensee or person otherwise subject to the supervision or regu-
26 lation of the board to which appointed; or
27 (ii) a person maintaining a contractual relationship with a licensee
28 of such board, which would constitute more than two percentum of the
29 practice or business of any such licensee, or an officer, director, or
30 representative of such person or group of persons.
31 2. Each board, or its committee on licensing, shall select or prepare
32 examinations, may conduct oral and practical examinations and reexamina-
33 tions, shall fix passing grades, and assist the department of state in
34 other licensing matters.
35 3. Each board shall conduct disciplinary proceedings as prescribed in
36 this subarticle and shall assist in other professional conduct matters.
37 4. Members of each board shall be appointed by the secretary of state
38 for five-year terms except that the terms of those first appointed shall
39 be arranged so that as nearly as possible an equal number shall termi-
40 nate annually. A vacancy occurring during a term shall be filled by an
41 appointment by the secretary of state for the unexpired term. Each state
42 professional association or society may nominate one or more candidates
43 for each appointment to be made to the board for its profession, but the
44 secretary of state shall not be required to appoint candidates so nomi-
45 nated. Former members of a board may be re-appointed by the secretary of
46 state to serve as members of the board solely for the purposes of disci-
47 plinary proceedings, proceedings relating to the moral character of an
48 applicant for licensure, and proceedings relating to applications for
49 the restoration of a professional license. In addition, each board shall
50 establish a roster of auxiliary members from candidates nominated by
51 professional associations or societies for appointment by the secretary
52 of state to serve as members of the board solely for the purposes of
53 disciplinary proceedings, proceedings relating to the moral character of
54 an applicant for licensure, and proceedings relating to applications for
55 the restoration of a professional license.
S. 1407 150 A. 2107
1 5. Each member of a board shall receive a certificate of appointment,
2 shall before beginning his or her term of office file a constitutional
3 oath of office with the secretary of state, shall receive up to one
4 hundred dollars for each day devoted to board work, and shall be reim-
5 bursed for his or her necessary expenses. Any member may be removed from
6 a board by the secretary of state for misconduct, incapacity or neglect
7 of duty.
8 6. Each board shall elect from its members a chairman and vice-chair-
9 man annually, shall meet upon call of the chairman or the department of
10 state, and may adopt bylaws consistent with this article and approved by
11 the secretary of state. A quorum for the transaction of business by the
12 board shall be a majority of members but not less than five members.
13 7. An executive secretary to each board shall be appointed by the
14 secretary of state. Such executive secretary shall not be a member of
15 the board, shall hold office at the pleasure of, and shall have the
16 powers, duties and annual salary prescribed by the secretary of state.
17 TITLE C.
18 Professional misconduct.
19 § 940. Definitions of professional misconduct. Each of the following
20 is professional misconduct, and any licensee found guilty of such
21 misconduct under the procedures prescribed in section nine hundred
22 forty-four of this title shall be subject to the penalties prescribed in
23 section nine hundred forty-eight of this title:
24 (1) Obtaining the license fraudulently,
25 (2) Practicing the profession fraudulently, beyond its authorized
26 scope, with gross incompetence, with gross negligence on a particular
27 occasion or negligence or incompetence on more than one occasion,
28 (3) Practicing the profession while the ability to practice is
29 impaired by alcohol, drugs, physical disability, or mental disability,
30 (4) Being habitually drunk or being dependent on, or a habitual user
31 of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs
32 having similar effects,
33 (5) (a) Being convicted of committing an act constituting a crime
34 under:
35 (i) New York State law or,
36 (ii) Federal law or,
37 (iii) The law of another jurisdiction and which, if committed within
38 this state, would have constituted a crime under New York State law;
39 (b) Having been found guilty of improper professional practice or
40 professional misconduct by a duly authorized professional disciplinary
41 agency of another state where the conduct upon which the finding was
42 based would, if committed in New York state, constitute professional
43 misconduct under the laws of New York state;
44 (c) Having been found by the commissioner of health to be in violation
45 of article thirty-three of the public health law.
46 (d) Having his license to practice medicine revoked, suspended or
47 having other disciplinary action taken, or having his application for a
48 license refused, revoked or suspended or having voluntarily or otherwise
49 surrendered his license after a disciplinary action was instituted by a
50 duly authorized professional disciplinary agency of another state, where
51 the conduct resulting in the revocation, suspension or other discipli-
52 nary action involving the license or refusal, revocation or suspension
53 of an application for a license or the surrender of the license would,
54 if committed in New York state, constitute professional misconduct under
55 the laws of New York state.
S. 1407 151 A. 2107
1 (6) Refusing to provide professional service to a person because of
2 such person's race, creed, color, or national origin,
3 (7) Permitting, aiding or abetting an unlicensed person to perform
4 activities requiring a license,
5 (8) Practicing the profession while the license is suspended, or
6 wilfully failing to register or notify the department of state of any
7 change of name or mailing address, or, if a professional service corpo-
8 ration wilfully failing to comply with sections fifteen hundred three
9 and fifteen hundred fourteen of the business corporation law or, if a
10 university faculty practice corporation wilfully failing to comply with
11 paragraphs (b), (c) and (d) of section fifteen hundred three and section
12 fifteen hundred fourteen of the business corporation law,
13 (9) Committing unprofessional conduct, as defined by the secretary of
14 state in its rules or in regulations approved by the department of
15 state,
16 (10) A violation of section twenty-eight hundred three-d or twenty-
17 eight hundred five-k of the public health law.
18 (11) A violation of section nine hundred eight of this subarticle by a
19 professional other than a professional subject to the provisions of
20 paragraph (f) of subdivision one of section twenty-eight hundred five-k
21 of the public health law.
22 (12) In the event that the department of environmental conservation
23 has reported to the department of state alleged misconduct by an archi-
24 tect or professional engineer in making a certification under section
25 nineteen of the tax law (relating to the green building tax credit) the
26 secretary of state, upon a hearing and a finding of willful misconduct,
27 may revoke the license of such professional or prescribe such other
28 penalty as it determines to be appropriate.
29 § 941. Additional definition of professional misconduct; limited
30 application. Notwithstanding any inconsistent provision of this subar-
31 ticle or of any other provision of law to the contrary, the license or
32 registration of a person subject to the provisions of subarticles three,
33 four, six, seven, eight, ten, eleven, twelve, twenty-one, twenty-three
34 and twenty-eight of this article may be revoked, suspended or annulled
35 or such person may be subject to any other penalty provided in section
36 nine hundred forty-eight of this subarticle in accordance with the
37 provisions and procedure of this subarticle for the following:
38 That any person subject to the above enumerated subarticles, has
39 directly or indirectly requested, received or participated in the divi-
40 sion, transference, assignment, rebate, splitting or refunding of a fee
41 for, or has directly requested, received or profited by means of a cred-
42 it or other valuable consideration as a commission, discount or gratuity
43 in connection with the furnishing of professional care, or service,
44 including x-ray examination and treatment, or for or in connection with
45 the sale, rental, supplying or furnishing of clinical laboratory
46 services or supplies, x-ray laboratory services or supplies, inhalation
47 therapy service or equipment, ambulance service, hospital or medical
48 supplies, physiotherapy or other therapeutic service or equipment, arti-
49 ficial limbs, teeth or eyes, orthopedic or surgical appliances or
50 supplies, optical appliances, supplies or equipment, devices for aid of
51 hearing, drugs, medication or medical supplies or any other goods,
52 services or supplies prescribed for medical diagnosis, care or treatment
53 under this article, except payment, not to exceed thirty-three and one-
54 third per centum of any fee received for x-ray examination, diagnosis or
55 treatment, to any hospital furnishing facilities for such examination,
56 diagnosis or treatment. Nothing contained in this section shall prohib-
S. 1407 152 A. 2107
1 it such persons from practicing as partners, in groups or as a profes-
2 sional corporation or as a university faculty practice corporation nor
3 from pooling fees and moneys received, either by the partnerships,
4 professional corporations, university faculty practice corporations or
5 groups by the individual members thereof, for professional services
6 furnished by any individual professional member, or employee of such
7 partnership, corporation or group, nor shall the professionals consti-
8 tuting the partnerships, corporations or groups be prohibited from shar-
9 ing, dividing or apportioning the fees and moneys received by them or by
10 the partnership, corporation or group in accordance with a partnership
11 or other agreement; provided that no such practice as partners, corpo-
12 rations or in groups or pooling of fees or moneys received or shared,
13 division or apportionment of fees shall be permitted with respect to
14 care and treatment under the workers' compensation law except as
15 expressly authorized by the workers' compensation law. Nothing
16 contained in this article shall prohibit a medical or dental expense
17 indemnity corporation pursuant to its contract with the subscriber from
18 prorationing a medical or dental expense indemnity allowance among two
19 or more professionals in proportion to the services rendered by each
20 such professional at the request of the subscriber, provided that prior
21 to payment thereof such professionals shall submit both to the medical
22 or dental expense indemnity corporation and to the subscriber statements
23 itemizing the services rendered by each such professional and the charg-
24 es therefor.
25 § 942. Additional definition of professional misconduct; arrears in
26 payment of support; limited application. 1. The provisions of this
27 section shall apply in all cases of licensee or registrant arrears in
28 payment of child support or combined child and spousal support referred
29 to the secretary of state by a court pursuant to the requirements of
30 section two hundred forty-four-c of the domestic relations law or pursu-
31 ant to section four hundred fifty-eight-b of the family court act.
32 2. Upon receipt of an order from the court pursuant to one of the
33 foregoing provisions of law, the secretary of state, if he or she finds
34 such person to be so licensed or registered, shall within thirty days of
35 receipt of such order from the court, provide notice to the licensee or
36 registrant of, and cause the review committee to initiate, a hearing
37 which shall be held at least twenty days and no more than thirty days
38 after the sending of such notice to the licensee or registrant. The
39 hearing shall be held solely for the purpose of determining whether
40 there exists as of the date of the hearing proof that full payment of
41 all arrears of support established by the order of the court to be due
42 from the licensee or registrant have been paid. Proof of such payment
43 shall be a certified check showing full payment of established arrears
44 or a notice issued by the court or by the support collection unit where
45 the order is payable to the support collection unit designated by the
46 appropriate social services district. Such notice shall state that full
47 payment of all arrears of support established by the order of the court
48 to be due have been paid. The licensee or registrant shall be given full
49 opportunity to present such proof of payment at the hearing in person or
50 by counsel. The only issue to be determined by the review committee as a
51 result of the hearing is whether the arrears have been paid. No evidence
52 with respect to the appropriateness of the court order or ability of the
53 respondent party in arrears to comply with such order shall be received
54 or considered during such hearing.
55 3. Notwithstanding any inconsistent provision of this subarticle or of
56 any other provision of law to the contrary, the license or registration
S. 1407 153 A. 2107
1 of a person subject to the provisions of this article and/or subject to
2 the provisions of title two-A of article two of the public health law
3 shall be suspended if, at the hearing provided for by subdivision two of
4 this section, the licensee or registrant fails to present proof of
5 payment as required by such subdivision. Such suspension shall not be
6 lifted unless the court or the support collection unit, where the court
7 order is payable to the support collection unit designated by the appro-
8 priate social services district, issues notice to the review committee
9 that full payment of all arrears of support established by the order of
10 the court to be due have been paid.
11 4. The secretary of state shall inform the court of all actions taken
12 hereunder as required by law.
13 5. This section applies to support obligations paid pursuant to any
14 order of child support or child and spousal support issued under
15 provisions of section two hundred thirty-six or two hundred forty of the
16 domestic relations law, or article four, five or five-A of the family
17 court act.
18 6. Notwithstanding any inconsistent provision of this subarticle or of
19 any other provision of law to the contrary, the provisions of this
20 section shall apply to the exclusion of any other requirements of this
21 subarticle and to the exclusion of any other requirement of law to the
22 contrary.
23 § 943. Additional definition of professional misconduct; failure to
24 comply in paternity or child support proceedings; limited application.
25 1. The provisions of this section shall apply in all cases of licensee
26 or registrant failure after receiving appropriate notice, to comply with
27 a summons, subpoena or warrant relating to a paternity or child support
28 proceeding referred to the secretary of state by a court pursuant to the
29 requirements of section two hundred forty-four-c of the domestic
30 relations law or pursuant to section four hundred fifty-eight-b or five
31 hundred forty-eight-b of the family court act.
32 2. Upon receipt of an order from the court pursuant to one of the
33 foregoing provisions of law, the secretary of state, if he or she finds
34 such person to be so licensed or registered, shall within thirty days of
35 receipt of such order from the court, provide notice to the licensee or
36 registrant that his or her license or registration shall be suspended in
37 sixty days unless the conditions as set forth in subdivision three of
38 this section are met.
39 3. Notwithstanding any inconsistent provision of this subarticle or of
40 any other provision of law to the contrary, the license or registration
41 of a person subject to the provisions of this article and/or subject to
42 the provisions of title two-A of article two of the public health law
43 shall be suspended unless the court terminates its order to commence
44 suspension proceedings. Such suspension shall not be lifted unless the
45 court issues an order to the secretary of state terminating its order to
46 commence suspension proceedings.
47 4. The secretary of state shall inform the court of all actions taken
48 hereunder as required by law.
49 5. This section applies to paternity or child support proceedings
50 commenced under, and support obligations paid pursuant to any order of
51 child support or child and spousal support issued under provisions of
52 section two hundred thirty-six or two hundred forty of the domestic
53 relations law, or article four, five, five-A or five-B of the family
54 court act.
55 6. Notwithstanding any inconsistent provision of this subarticle or of
56 any other provision of law to the contrary, the provisions of this
S. 1407 154 A. 2107
1 section shall apply to the exclusion of any other requirements of this
2 subarticle and to the exclusion of any other requirement of law to the
3 contrary.
4 § 944. Proceedings in cases of professional misconduct. In cases of
5 professional misconduct the proceedings shall be as follows:
6 1. Preliminary procedures.
7 a. Complaint. A complaint of a licensee's professional misconduct may
8 be made by any person to the department of state.
9 b. Investigation. The department of state shall investigate each
10 complaint which alleges conduct constituting professional misconduct.
11 The results of the investigation shall be referred to the professional
12 conduct officer designated by the secretary of state pursuant to section
13 nine hundred twenty of this subarticle. If such officer decides that
14 there is not substantial evidence of professional misconduct or that
15 further proceedings are not warranted, no further action shall be taken.
16 If such officer, after consultation with a professional member of the
17 applicable state board for the profession, determines that there is
18 substantial evidence of professional misconduct, and that further
19 proceedings are warranted, such proceedings shall be conducted pursuant
20 to this section. If the complaint involves a question of professional
21 expertise, then such officer may seek, and if so shall obtain, the
22 concurrence of at least two members of a panel of three members of the
23 applicable board. The department of state shall cause a preliminary
24 review of every report made to the department of state pursuant to
25 sections twenty-eight hundred three-e, as added by chapter eight hundred
26 sixty-six of the laws of nineteen hundred eighty, and forty-four hundred
27 five-b of the public health law and three hundred fifteen of the insur-
28 ance law, to determine if such report reasonably appears to reflect
29 conduct warranting further investigation pursuant to this subdivision.
30 c. Charges. In all disciplinary proceedings other than those termi-
31 nated by an administrative warning pursuant to paragraph a of subdivi-
32 sion two of this section, the department of state shall prepare the
33 charges. The charges shall state the alleged professional misconduct and
34 shall state concisely the material facts but not the evidence by which
35 the charges are to be proved.
36 d. Service of charges and of notice of hearing. A copy of the charges
37 and notice of any hearing pursuant to subdivision two or three of this
38 section shall be served on the licensee personally by the department of
39 state at least fifteen days before the hearing. If personal service
40 cannot be made after due diligence and such fact is certified under
41 oath, a copy of the charges and the notice of hearing shall be served by
42 certified mail, return receipt requested to the licensee's last known
43 address by the department of state at least twenty days before the hear-
44 ing.
45 e. Records and reports as public information. In all disciplinary
46 proceedings brought pursuant to this section or in any voluntary settle-
47 ment of a complaint between the licensee and the department of state,
48 the department of state shall notify the licensee in writing that the
49 record and reports of such disciplinary proceeding or of such voluntary
50 settlement shall be considered matters of public information unless
51 specifically excepted in this subarticle, or in any other law or appli-
52 cable rule or regulation.
53 2. Expedited procedures.
54 a. Violations. Violations involving professional misconduct of a minor
55 or technical nature may be resolved by expedited procedures as provided
56 in paragraph b or c of this subdivision. For purposes of this subdivi-
S. 1407 155 A. 2107
1 sion, violations of a minor or technical nature shall include, but shall
2 not be limited to, isolated instances of violations concerning profes-
3 sional advertising or record keeping, and other isolated violations
4 which do not directly affect or impair the public health, welfare or
5 safety. The initial instance of any violation of a minor or technical
6 nature may be resolved by the issuance of an administrative warning
7 pursuant to paragraph b of this subdivision. Subsequent instances of
8 similar violations of a minor or technical nature within a period of
9 three years may be resolved by the procedure set forth in paragraph c of
10 this subdivision.
11 b. Administrative warning. If a professional conduct officer, after
12 consultation with a professional member of the state board, determines
13 that there is substantial evidence of professional misconduct but that
14 it is an initial violation of a minor or technical nature which would
15 not justify the imposition of a more severe disciplinary penalty, the
16 matter may be terminated by the issuance of an administrative warning.
17 Such warnings shall be confidential and shall not constitute an adjudi-
18 cation of guilt or be used as evidence that the licensee is guilty of
19 the alleged misconduct. However, in the event of a further allegation of
20 similar misconduct by the same licensee, the matter may be reopened and
21 further proceedings instituted as provided in this section.
22 c. Determination of penalty on uncontested minor violations. If a
23 professional conduct officer, after consultation with a professional
24 member of the state board, determines that there is substantial evidence
25 of a violation of a minor or technical nature, and of a nature justify-
26 ing a penalty as specified in this paragraph, the department of state
27 may prepare and serve charges either by personal service or by certified
28 mail, return receipt requested. Such charges shall include a statement
29 that unless an answer is received within twenty days denying the charg-
30 es, the matter shall be referred to a violations committee consisting of
31 five members of the state board for the profession, at least one of whom
32 shall be a public representative for determination. The violations
33 panel shall be appointed by the executive secretary of the state board.
34 The licensee shall be given at least fifteen days notice of the time and
35 place of the meeting of the violations committee and shall have the
36 right to appear in person and by an attorney and to make a statement to
37 the committee in mitigation or explanation of the misconduct. The
38 department of state may appear and make a statement in support of its
39 position. The violations committee may issue a censure and reprimand,
40 and in addition, or in the alternative, may impose a fine not to exceed
41 five hundred dollars for each specification of minor, or technical
42 misconduct. If the fine is not paid within three months the matter may
43 be reopened and shall be subject to the hearing and decision procedures
44 of this section. The determination of the panel shall be final and shall
45 not be subject to the decision procedures of this section. If an answer
46 is filed denying the charges, the matter shall be processed as provided
47 in subdivision three of this section.
48 d. Convictions of crimes or administrative violations. In cases of
49 professional misconduct based solely upon a violation of subdivision
50 five of section nine hundred forty of this title, the professional
51 conduct officer may prepare and serve the charges and may refer the
52 matter directly to a review committee for its review and report of its
53 findings, determination as to guilt, and recommendation as to the meas-
54 ure of discipline to be imposed. In such cases the notice of hearing
55 shall state that the licensee may file a written answer, brief and affi-
56 davits; that the licensee may appear personally before the review
S. 1407 156 A. 2107
1 committee, may be represented by counsel and may present evidence or
2 sworn testimony on behalf of the licensee, and the notice may contain
3 such other information as may be considered appropriate by the depart-
4 ment of state. The department of state may also present evidence or
5 sworn testimony at the hearing. A stenographic record of the hearing
6 shall be made. Such evidence or sworn testimony offered at the meeting
7 of the review committee shall be limited to evidence and testimony
8 relating to the nature and severity of the penalty to be imposed upon
9 the licensee. The presiding officer at the meeting of the review commit-
10 tee may, in his or her discretion, reasonably limit the number of
11 witnesses whose testimony will be received and the length of time any
12 witness will be permitted to testify. In lieu of referring the matter to
13 the secretary of state, the review committee may refer any such matter
14 for further proceedings pursuant to paragraph b or c of this subdivision
15 or subdivision three of this section.
16 3. Adversary proceedings. Contested disciplinary proceedings and other
17 disciplinary proceedings not resolved pursuant to subdivision two of
18 this section shall be tried before a hearing panel of the appropriate
19 state board as provided in this subdivision.
20 a. Notice of hearing. The department of state shall set the time and
21 place of the hearing and shall prepare the notice of hearing. The notice
22 of hearing shall state (1) the time and place of the hearing, (2) that
23 the licensee may file a written answer to the charges prior to the hear-
24 ing, (3) that the licensee may appear personally at the hearing and may
25 be represented by counsel, (4) that the licensee shall have the right to
26 produce witnesses and evidence in his or her behalf, to cross-examine
27 witnesses and examine evidence produced against him or her, and to issue
28 subpoenas in accordance with the provisions of the civil practice law
29 and rules, (5) that a stenographic record of the hearing will be made,
30 and (6) such other information as may be considered appropriate by the
31 department of state.
32 b. Hearing panel. The hearing shall be conducted by a panel of three
33 or more members, at least two of whom shall be members of the applicable
34 state board for the profession, and at least one of whom shall be a
35 public representative who is a member of the applicable state board or
36 of the state board for another profession licensed pursuant to this
37 article. The executive secretary for the applicable state board shall
38 appoint the panel and shall designate its chairperson. After the
39 commencement of a hearing, no panel member shall be replaced. A determi-
40 nation by the administrative officer of a need to disqualify or remove
41 any panel member will result in the disqualification or removal of the
42 panel and cause a new panel to be appointed. In addition to said panel
43 members, the department of state shall designate an administrative offi-
44 cer, admitted to practice as an attorney in the state of New York, who
45 shall have the authority to rule on all motions, procedures and other
46 legal objections and shall draft a report for the hearing panel which
47 shall be subject to the approval of and signature by the panel chair-
48 person on behalf of the panel. The administrative officer shall not be
49 entitled to a vote.
50 c. Conduct of hearing. The evidence in support of the charges shall be
51 presented by an attorney for the department of state. The licensee
52 shall have the rights required to be stated in the notice of hearing.
53 The panel shall not be bound by the rules of evidence, but its determi-
54 nation of guilt shall be based on a preponderance of the evidence. A
55 hearing which has been initiated shall not be discontinued because of
56 the death or incapacity to serve of one member of the hearing panel.
S. 1407 157 A. 2107
1 d. Results of hearing. The hearing panel shall render a written report
2 which shall include (1) findings of fact, (2) a determination of guilty
3 or not guilty on each charge, and (3) in the event of a determination of
4 guilty, a recommendation of the penalty to be imposed. For the panel to
5 make a determination of guilty, a minimum of two of the voting members
6 of the panel must vote for such a determination. A copy of the report of
7 the hearing panel shall be transmitted to the licensee.
8 4. Decision procedures.
9 a. Review committee. The transcript and report of the hearing panel
10 shall be reviewed at a meeting by a review committee appointed by the
11 secretary of state. The review committee shall consist of three members.
12 b. Review committee meetings. The review shall be based on the tran-
13 script and the report of the hearing panel. The licensee may appear at
14 the meeting, and the review committee may require the licensee to
15 appear. The licensee may be represented by counsel. The department of
16 state shall notify the licensee at least seven days before the meeting
17 (1) of the time and place of the meeting, (2) of his or her right to
18 appear, (3) of his or her right to be represented by counsel, (4) wheth-
19 er or not he or she is required to appear, and (5) of such other infor-
20 mation as may be considered appropriate. After the meeting, the review
21 committee shall transmit a written report of its review to the secretary
22 of state. In cases referred directly to the review committee pursuant
23 to paragraph d of subdivision two of this section, the review shall be
24 based upon the charges, the documentary evidence submitted by the
25 department of state, any answer, affidavits or brief the licensee may
26 wish to submit, and any evidence or sworn testimony presented by the
27 licensee or the department of state at the hearing, pursuant to the
28 procedures described by paragraph d of subdivision two of this section.
29 c. Decision and order. The department of state (1) shall consider the
30 transcript, the report of the hearing panel, and the report of the
31 review committee, (2) shall decide whether the licensee is guilty or not
32 guilty on each charge, (3) shall decide what penalties, if any, to
33 impose as prescribed in section nine hundred forty-eight of this title,
34 and (4) shall issue an order to carry out its decisions. Such decisions
35 shall require the approval of the secretary of state. If the secretary
36 of state disagrees with the hearing panel's determination of not guilty,
37 it shall remand the matter to the original panel for reconsideration or
38 to a new panel for a new hearing. The panel's determination of not guil-
39 ty on reconsideration or a new hearing shall be final. The order shall
40 be served upon the licensee personally or by certified mail to the
41 licensee's last known address and such service shall be effective as of
42 the date of the personal service or five days after mailing by certified
43 mail. The licensee shall deliver to the department of state the license
44 and registration certificate which has been revoked, annulled,
45 suspended, or surrendered within five days after the effective date of
46 the service of the order. If the license or registration certificate is
47 lost, misplaced or its whereabouts is otherwise unknown, the licensee
48 shall submit an affidavit to that effect, and shall deliver such license
49 or certificate to the department of state when located.
50 5. Court review procedures. The decisions of the secretary of state
51 may be reviewed pursuant to the proceedings under article seventy-eight
52 of the civil practice law and rules. Such proceedings shall be return-
53 able before the appellate division of the third judicial department, and
54 such decisions shall not be stayed or enjoined except upon application
55 to such appellate division after notice to the department of state and
S. 1407 158 A. 2107
1 to the attorney general and upon a showing that the petitioner has a
2 substantial likelihood of success.
3 6. The provisions of subdivisions one through four of this section
4 shall not be applicable to proceedings in cases of professional miscon-
5 duct involving the medical profession, except as provided in paragraph
6 (m) of subdivision ten of section two hundred thirty of the public
7 health law.
8 7. Notwithstanding any other provision of law, persons who assist the
9 department of state as consultants or expert witnesses in the investi-
10 gation or prosecution of alleged professional misconduct, licensure
11 matters, restoration proceedings, or criminal prosecutions for unauthor-
12 ized practice, shall not be liable for damages in any civil action or
13 proceeding as a result of such assistance, except upon proof of actual
14 malice. The attorney general shall defend such persons in any such
15 action or proceeding, in accordance with section seventeen of the public
16 officers law.
17 8. The files of the department of state relating to the investigation
18 of possible instances of professional misconduct, or the unlawful prac-
19 tice of any profession licensed by the department of state, or the
20 unlawful use of a professional title or the moral fitness of an appli-
21 cant for a professional license or permit, shall be confidential and not
22 be subject to disclosure at the request of any person, except upon the
23 order of a court in a pending action or proceeding. The provisions of
24 this subdivision shall not apply to documents introduced in evidence at
25 a hearing held pursuant to this article and shall not prevent the
26 department of state from sharing information concerning investigations
27 with other duly authorized public agencies responsible for professional
28 regulation or criminal prosecution.
29 § 945. Temporary surrender of licenses during treatment for drug or
30 alcohol abuse. 1. The license and registration of a licensee who may be
31 temporarily incapacitated for the active practice of a profession
32 licensed pursuant to this article, except professionals licensed pursu-
33 ant to subarticle two or subarticle two-B thereof, and whose alleged
34 incapacity is the result of a problem of drug or alcohol abuse which has
35 not resulted in harm to a patient or client, may be voluntarily surren-
36 dered to the department of state, which may accept and hold such license
37 during the period of such alleged incapacity or the department of state
38 may accept the surrender of such license after agreement to conditions
39 to be met prior to the restoration of the license. The department of
40 state shall give written notification of such surrender to the licensing
41 authorities of any other state or country in which the licensee is
42 authorized to practice. In addition to the foregoing, the department of
43 state shall also give written notification of such surrender, for
44 professionals licensed pursuant to subarticles three, four, five, seven,
45 eight and ten of this article to the commissioner of health or his or
46 her designee, and where appropriate to each hospital at which the
47 professional has privileges, is affiliated, or is employed. The licensee
48 whose license is so surrendered shall notify all persons who request
49 professional services that he or she has temporarily withdrawn from the
50 practice of the profession. The department of state may provide for
51 similar notification of patients or clients and of other interested
52 parties, as appropriate under the circumstances of the professional
53 practice and responsibilities of the licensee. The licensure status of
54 such licensee shall be "inactive" and he or she shall not be authorized
55 to practice the profession and shall refrain from practice in this state
56 or in any other state or country. The voluntary surrender shall not be
S. 1407 159 A. 2107
1 deemed to be an admission of disability or of professional misconduct,
2 and shall not be used as evidence of a violation of subdivision three or
3 four of section nine hundred forty of this title, unless the licensee
4 practices while the license is "inactive"; and any such practice shall
5 constitute a violation of subdivision eight of said section. The surren-
6 der of a license under this subdivision shall not bar any disciplinary
7 action except action based solely upon the provisions of subdivision
8 three or four of section nine hundred forty of this title, and only if
9 no harm to a patient has resulted; and shall not bar any civil or crimi-
10 nal action or proceeding which might be brought without regard to such
11 surrender. A surrendered license shall be restored upon a showing to the
12 satisfaction of the department of state that the licensee is not inca-
13 pacitated for the active practice of the profession, provided that the
14 department of state may, by order of the secretary of state, impose
15 reasonable conditions on the licensee, if it determines that because of
16 the nature and extent of the licensee's former incapacity, such condi-
17 tions are necessary to protect the health, safety and welfare of the
18 public. Prompt written notification of such restoration shall be given
19 to all licensing bodies which were notified of the temporary surrender
20 of the license.
21 2. There shall be appointed within the department of state, a commit-
22 tee on drug and alcohol abuse, which shall advise the secretary of state
23 on matters relating to practice by professional licensees with drug or
24 alcohol abuse problems, and which shall administer the provisions of
25 this section. The secretary of state shall determine the size, composi-
26 tion, and terms of office of such committee, a majority of the members
27 of which shall be persons with expertise in problems of drug or alcohol
28 abuse. The committee shall recommend to the secretary of state such
29 rules as are necessary to carry out the purposes of this section,
30 including but not limited to procedures for the submission of applica-
31 tions for the surrender of a license and for the referral of cases for
32 investigation or prosecution pursuant to section nine hundred forty-four
33 of this title if a licensee fails to comply with the conditions of an
34 approved program of treatment. There shall be an executive secretary
35 appointed by the secretary of state to assist the committee. The execu-
36 tive secretary shall employ, or otherwise retain, the services of a
37 registered professional nurse with appropriate qualifications in
38 substance abuse and addiction to assist in the implementation of the
39 program authorized by section nine hundred forty-six of this title.
40 Determinations by the committee relating to licensees shall be made by
41 panels of at least three members of the committee designated by the
42 executive secretary, who shall also designate a member of the state
43 board for the licensee's profession as the ex-officio non voting member
44 of each panel. In the case of a determination relating to a licensed
45 nurse, at least one panel member must be a registered professional nurse
46 licensed by the state.
47 3. Application for the surrender of a license pursuant to this section
48 shall be submitted to the committee, and shall identify a proposed
49 treatment or rehabilitation program, and shall include a consent to the
50 release of all information concerning the licensee's treatment to the
51 committee. All information concerning an application, other than the
52 fact of the surrender of the license and the participation in the
53 program and the successful completion or failure of or withdrawal from
54 the program, shall be strictly confidential, and may not be released by
55 the committee to any person or body without the consent of the licensee.
56 The immunity from disciplinary action conferred by this section shall be
S. 1407 160 A. 2107
1 conditioned upon the approval of the treatment or rehabilitation program
2 by the committee and its successful completion by the applicant and the
3 elimination of the incapacity to practice. Approval of a treatment or
4 rehabilitation program by the committee shall not constitute a represen-
5 tation as to the probability of success of the program or any assumption
6 of financial responsibility for its costs.
7 4. The immunity from disciplinary action conferred by this section may
8 be revoked by the committee upon a finding that the licensee has failed
9 to successfully complete the program or that the incapacity to practice
10 has not been eliminated. Such revocation shall be made only after notice
11 and an opportunity to be heard, but no adjudicatory hearing shall be
12 required. The matter shall be referred for appropriate proceedings
13 pursuant to section nine hundred forty-four of this title. The license
14 must be returned unless charges are served pursuant to section nine
15 hundred forty-four of this title within thirty days after the revocation
16 of the approval of the special treatment afforded by this section.
17 5. The secretary of state is authorized to adopt regulations to carry
18 out the purposes of this section, including but not limited to the
19 notice of temporary inactive status to be required in different
20 professions and practice situations and the measures required upon
21 temporary withdrawal from practice.
22 6. No individual who serves as a member of a committee whose purpose
23 is to confront and refer either to treatment or to the department of
24 state licensees who are thought to be suffering from alcoholism or drug
25 abuse shall be liable for damages to any person for any action taken by
26 such individual provided such action was taken without malice and within
27 the scope of such individual's function as a member of such committee,
28 and provided further that such committee has been established by and
29 functions under the auspices of an association or society of profes-
30 sionals authorized to practice under this article.
31 7. In addition to the provisions of section two thousand eight hundred
32 three-e of the public health law, as added by chapter eight hundred
33 sixty-six of the laws of nineteen hundred eighty, any entity licensed
34 pursuant to articles thirty-six, forty and forty-four of the public
35 health law, and any mental hygiene facilities, and correctional, occupa-
36 tional, school and college health services shall provide a report to the
37 office of professional discipline when there is a suspension,
38 restriction, termination, curtailment or resignation of employment or
39 privileges in any way related to a licensed nurse that is impaired when
40 the impairment is alleged to have been caused by a drug-related problem.
41 Any person, facility, or corporation which makes a report pursuant to
42 this section in good faith shall have immunity from any liability, civil
43 or criminal, for having made such a report except where the conduct
44 constitutes negligence, gross negligence or intentional misconduct. For
45 the purpose of any proceeding, civil or criminal, the good faith of any
46 person, facility or corporation required to make a report shall be
47 presumed. Such presumption may be rebutted by any competent evidence.
48 § 946. Nurse peer assistance programs. 1. As used in this section:
49 a. "Drug-related problem" means a problem or problems that are related
50 to the use, misuse or addiction to drugs or alcohol.
51 b. "Participant" means an individual licensed pursuant to subarticle
52 eight of this article who has or may have a drug-related problem.
53 c. "Approved nurse peer assistance program" means a program operated
54 by the New York State Nurses Association or a statewide professional
55 association of nurses which has experience in providing peer assistance
56 services to nurses who have drug-related problems which are designed to
S. 1407 161 A. 2107
1 help a participant or a licensee's employer and has been approved by the
2 department of state in accordance with criteria established in regu-
3 lations of the secretary of state.
4 d. "Peer assistance services" includes assessing the needs of a
5 participant, including early identification of drug-related problems,
6 and providing information, support, and advice as requested by a partic-
7 ipant.
8 2. a. The department of state shall provide funds, including but not
9 limited to a portion of the funds made available pursuant to the
10 provisions of this section, for services provided by an approved nurse
11 peer assistance program. Funds used to provide services shall not be
12 used for the treatment of participants. Funded services shall include,
13 but not be limited to:
14 (1) providing peer assistance services for nurses with drug-related
15 problems;
16 (2) maintaining a toll-free telephone information line for anonymous
17 nurses, their employers, and others to provide assistance in the iden-
18 tification of services and information for nurses dealing with drug-re-
19 lated problems;
20 (3) training monitors for the professional assistance program;
21 (4) arranging for mental health consultants to assess nurses for the
22 professional assistance program, as needed; and
23 (5) preparing written assessments of nurses who have been referred
24 from the professional assistance program.
25 b. An additional fee of fifteen dollars shall be paid at the time of
26 application for licensure and first registration and every registration
27 by those licensed pursuant to subarticle eight of this article for the
28 purpose of implementing this program. The funds made available under
29 this provision shall be deposited in the office of professions special
30 revenue account for its purposes in implementing this section. The
31 department of state may use a portion of this amount for its administra-
32 tive expenses incurred in implementing this program including, but not
33 limited to, employment of personnel, the costs of approving and
34 contracting with a peer assistance program as required by this section
35 and outreach activities to promote this program.
36 3. No approved nurse peer assistance program or individual who serves
37 in an approved nurse peer assistance program shall be liable in damages
38 to any person for any action taken or not taken or recommendations made
39 unless, based on the facts disclosed by a participant, the conduct of
40 the program or person with respect to the person asserting liability
41 constituted negligence, gross negligence, or intentional misconduct.
42 4. All information concerning a participant gathered by the approved
43 nurse peer assistance program shall be strictly confidential and may not
44 be released to any person or body without the consent of the partic-
45 ipant, except upon the order of a court in a pending action or proceed-
46 ing. Aggregate data may be released to the committee on drug and alcohol
47 abuse.
48 § 947. Voluntary non-disciplinary surrender of a license. A profes-
49 sional who is licensed pursuant to subarticle eight of this article may
50 voluntarily surrender a license to the committee on drug and alcohol
51 abuse when such licensee requests to be monitored and/or receive peer
52 support services in relation to the use, misuse or addiction to drugs.
53 The committee shall accept such voluntary non-disciplinary surrender of
54 a license and provide for expedited reinstatement of the license if the
55 licensee meets criteria set by the committee. Such criteria will
56 include, but not be limited to, confidence that the licensee's use of
S. 1407 162 A. 2107
1 drugs and/or alcohol has not resulted in harm to a patient or client and
2 the licensee is not incapacitated, unfit for practice or a threat to the
3 health, safety and welfare of the public. Such voluntary surrender, if
4 accepted by the committee, shall result in an immediate reinstatement of
5 the license and shall provide immunity from a violation of subdivision
6 three or four of section nine hundred forty of this title and cannot be
7 deemed an admission or used as evidence in professional misconduct.
8 Acceptance by the committee shall not require a report to the department
9 of health or to any employer or licensing authority of another jurisdic-
10 tion, nor require any disclosure to patients or to the public that such
11 license has been temporarily surrendered, except if it is subsequently
12 determined by the department of state that a participant being monitored
13 by the department of state is found to have used drugs and/or alcohol
14 which has resulted in harm to a patient or client.
15 § 948. Penalties for professional misconduct. The penalties which may
16 be imposed by the secretary of state on a present or former licensee
17 found guilty of professional misconduct (under the definitions and
18 proceedings prescribed in sections nine hundred forty and nine hundred
19 forty-four of this title) are: (1) censure and reprimand, (2) suspension
20 of license, (a) wholly, for a fixed period of time; (b) partially, until
21 the licensee successfully completes a course of retraining in the area
22 to which the suspension applies; (c) wholly, until the licensee success-
23 fully completes a course of therapy or treatment prescribed by the
24 secretary of state, (3) revocation of license, (4) annulment of license
25 or registration, (5) limitation on registration or issuance of any
26 further license, (6) a fine not to exceed ten thousand dollars, upon
27 each specification of charges of which the respondent is determined to
28 be guilty, (7) a requirement that a licensee pursue a course of educa-
29 tion or training, and (8) a requirement that a licensee perform up to
30 one hundred hours of public service, in a manner and at a time and place
31 as directed by the secretary of state. The secretary of state may stay
32 such penalties in whole or in part, may place the licensee on probation
33 and may restore a license which has been revoked, provided, in the case
34 of licensees subject to section two hundred thirty of the public health
35 law, notice that the secretary of state is considering such restoration
36 is given to the office of professional medical conduct at least thirty
37 days before the date on which such restoration shall be considered. Upon
38 the recommendation of the office of professional medical conduct, the
39 secretary of state may deny such restoration. Any fine imposed pursuant
40 to this section or pursuant to subdivision two of section nine hundred
41 forty-four of this title may be sued for and recovered in the name of
42 the people of the state of New York in an action brought by the attorney
43 general. In such action the findings and determination of the secretary
44 of state or of the violations committee shall be admissible evidence and
45 shall be conclusive proof of the violation and the penalty assessed.
46 TITLE D
47 UNAUTHORIZED ACTS.
48 § 960. Unauthorized practice a crime. 1. Anyone not authorized to
49 practice under this article who practices or offers to practice or holds
50 himself or herself out as being able to practice in any profession in
51 which a license is a prerequisite to the practice of the acts, or who
52 practices any profession as an exempt person during the time when his or
53 her professional license is suspended, revoked or annulled, or who aids
54 or abets an unlicensed person to practice a profession, or who fraudu-
55 lently sells, files, furnishes, obtains, or who attempts fraudulently to
56 sell, file, furnish or obtain any diploma, license, record or permit
S. 1407 163 A. 2107
1 purporting to authorize the practice of a profession, shall be guilty of
2 a class E felony.
3 2. Anyone who knowingly aids or abets three or more unlicensed persons
4 to practice a profession or employs or holds such unlicensed persons out
5 as being able to practice in any profession in which a license is a
6 prerequisite to the practice of the acts, or who knowingly aids or abets
7 three or more persons to practice any profession as exempt persons
8 during the time when the professional licenses of such persons are
9 suspended, revoked or annulled, shall be guilty of a class E felony.
10 § 961. Unauthorized use of a professional title a crime. 1. Anyone
11 not authorized to use a professional title regulated by this article,
12 and who uses such professional title, shall be guilty of a class A
13 misdemeanor.
14 2. Anyone who knowingly aids or abets three or more persons not
15 authorized to use a professional title regulated by this article, to use
16 such professional title, or knowingly employs three or more persons not
17 authorized to use a professional title regulated by this article, who
18 use such professional title in the course of such employment, shall be
19 guilty of a class E felony.
20 § 961-a. Penalties. As used in this section, "utilization committee"
21 means:
22 (a) a committee established to administer a utilization review plan of
23 a hospital or extended care facility as provided and required in the
24 "Health Insurance for the Aged Act", 79 Stat. 313 (1965), 42 U.S.C.
25 1395x(k);
26 (b) a committee of a medical staff in a hospital having the responsi-
27 bility of evaluation and improvement of the quality of care rendered in
28 the hospital; and
29 (c) any medical review committee or subcommittee thereof of a local,
30 county or state medical or dental society and any such society itself
31 when such committee, subcommittee or society is performing any medical
32 review function described in subdivisions (a) and (b) of this section or
33 involving any controversy or dispute between (i) a physician or dentist
34 and a patient concerning the diagnosis, treatment or care of such
35 patient or the fees or charges therefor or (ii) a physician or dentist
36 and a provider of medical or dental benefits concerning any medical or
37 health charges or fees of such physician or dentist.
38 No physician or dentist who serves as a member of such utilization
39 committee shall be liable in damages to any person for any action taken
40 or recommendation made by him or her within the scope of his function as
41 such member of such committee if such action was taken or such recommen-
42 dation was made without malice and in the reasonable belief that such
43 action or recommendation is warranted by the facts known to him or her
44 after reasonable effort by him or her to ascertain the facts upon which
45 such action is taken or such recommendation is made.
46 Neither the proceedings nor the records of any such committee shall be
47 subject to disclosure under article thirty-one of the civil practice law
48 and rules except as hereinafter provided or as provided by any other
49 provision of law. No person in attendance at a meeting of any such
50 committee shall be required to testify as to what transpired thereat.
51 The prohibition relating to discovery of testimony shall not apply to
52 the statements made by any person in attendance at such a meeting who is
53 a party to an action or proceeding the subject matter of which was
54 reviewed at such meeting.
55 § 962. Criminal proceedings. 1. All alleged violations of sections
56 nine hundred sixty or nine hundred sixty-one of this title shall be
S. 1407 164 A. 2107
1 reported to the department or state which shall cause an investigation
2 to be instituted. All alleged violations of section one thousand
3 fifty-one of this article shall be reported to the department of health
4 which shall cause an investigation to be instituted. If the investi-
5 gation substantiates that violations exist, such violations shall be
6 reported to the attorney general with a request for prosecution.
7 2. The attorney general shall prosecute such alleged offenses in the
8 name of the state, provided, however, in the event of alleged violations
9 of subarticle twenty of this article, a district attorney may prosecute
10 such alleged offenses in the name of the state provided, however, that
11 any district attorney may prosecute such offenses where they are inci-
12 dental to a criminal prosecution instituted by him or her under other
13 statutes.
14 3. All criminal courts having jurisdiction over misdemeanors are here-
15 by empowered to hear, try and determine alleged violations under this
16 article, which constitute misdemeanors, without indictment and to impose
17 applicable punishment of fines or imprisonments or both. It shall be
18 necessary to prove in any prosecution under this article only a single
19 prohibited act or a single holding out without proving a general course
20 of conduct.
21 4. A proceeding before a committee on professional conduct shall not
22 be deemed to be a criminal proceeding within the meaning of this
23 section.
24 § 963. Restraint of unlawful acts. Where a violation of this article
25 is alleged to have occurred, the attorney general or, in the event of
26 alleged violations of subarticle twenty of this article occurring in
27 cities having a population of one million or more, the corporation coun-
28 sel may apply to the supreme court within the judicial district in which
29 such violation is alleged to have occurred for an order enjoining or
30 restraining commission or continuance of the unlawful acts complained
31 of. The court shall have jurisdiction of the proceedings and shall have
32 power to grant such temporary relief or restraining order as it deems
33 just and proper. In any such proceeding it shall be unnecessary to
34 allege or prove that an adequate remedy at law does not exist or that
35 irreparable damage would result if such order were not granted. The
36 remedy provided in this section shall be in addition to any other remedy
37 provided by law or to the proceedings commenced against a licensee under
38 this article.
39 SUBARTICLE 2
40 MEDICINE
41 Section 1000. Introduction.
42 1001. Definition of practice of medicine.
43 1002. Practice of medicine and use of title "physician".
44 1003. State board for medicine.
45 1004. Requirements for a professional license.
46 1005. Limited permits.
47 1006. Exempt persons.
48 1007. Special provisions.
49 1008. Qualification of certain applicants for licensure.
50 1009. Power of secretary of state regarding certain physicians.
S. 1407 165 A. 2107
1 § 1000. Introduction. This subarticle applies to the profession of
2 medicine. The general provisions for all professions contained in
3 subarticle one of this article apply to this subarticle.
4 § 1001. Definition of practice of medicine. The practice of the
5 profession of medicine is defined as diagnosing, treating, operating or
6 prescribing for any human disease, pain, injury, deformity or physical
7 condition.
8 § 1002. Practice of medicine and use of title "physician". Only a
9 person licensed or otherwise authorized under this subarticle shall
10 practice medicine or use the title "physician".
11 § 1003. State board for medicine. A state board for medicine shall be
12 appointed by the secretary of state for the purpose of assisting the
13 secretary of state and the department of state on matters of profes-
14 sional licensing in accordance with section nine hundred twenty-two of
15 this article. The board shall be composed of not less than twenty physi-
16 cians licensed in this state for at least five years, two of whom shall
17 be doctors of osteopathy. The board shall also consist of not less than
18 two physician's assistants licensed to practice in this state. The
19 participation of physician's assistant members shall be limited to
20 matters relating to subarticle two-b of this article. An executive
21 secretary to the board shall be appointed by the secretary of state and
22 shall be either a physician licensed in this state or a non-physician,
23 deemed qualified by the secretary of state.
24 § 1004. Requirements for a professional license. 1. To qualify for a
25 license as a physician, an applicant shall fulfill the following
26 requirements:
27 (1) Application: file an application with the department of state;
28 (2) Education: have received an education, including a degree of
29 doctor of medicine, "M.D.", or doctor of osteopathy, "D.O.", or equiv-
30 alent degree in accordance with the regulations of the secretary of
31 state;
32 (3) Experience: have experience satisfactory to the board and in
33 accordance with the regulations of the secretary of state;
34 (4) Examination: pass an examination satisfactory to the board and in
35 accordance with the regulations of the secretary of state;
36 (5) Age: be at least twenty-one years of age; however, the secretary
37 of state may waive the age requirement for applicants who have attained
38 the age of eighteen and will be in a residency program until the age of
39 twenty-one;
40 (6) Citizenship or immigration status: be a United States citizen or
41 an alien lawfully admitted for permanent residence in the United States;
42 provided, however that the secretary of state may grant a three year
43 waiver for an alien physician to practice in an area which has been
44 designated by the department of state as medically underserved, except
45 that the secretary of state may grant an additional extension not to
46 exceed six years to an alien physician to enable him or her to secure
47 citizenship or permanent resident status, provided such status is being
48 actively pursued;
49 (7) Character: be of good moral character as determined by the depart-
50 ment of state; and
51 (8) Fees: pay a fee of two hundred sixty dollars to the department of
52 state for admission to a department conducted examination and for an
53 initial license, a fee of one hundred seventy-five dollars for each
54 reexamination, a fee of one hundred thirty-five dollars for an initial
55 license for persons not requiring admission to a department conducted
56 examination, a fee of five hundred seventy dollars for any biennial
S. 1407 166 A. 2107
1 registration period commencing August first, nineteen hundred ninety-six
2 and thereafter. The comptroller is hereby authorized and directed to
3 deposit the fee for each biennial registration period into the special
4 revenue funds-other entitled "professional medical conduct account" for
5 the purpose of offsetting any expenditures made pursuant to section two
6 hundred thirty of the public health law in relation to the operation of
7 the office of professional medical conduct within the department of
8 health. The amount of the funds expended as a result of such increase
9 shall not be greater than such fees collected over the registration
10 period.
11 2. For every license or registration issued after the effective date
12 of this subdivision, an additional fee of thirty dollars shall be paid
13 and deposited in the special revenue fund entitled "the professional
14 medical conduct account" for the purpose of offsetting any expenditures
15 made pursuant to subdivision fifteen of section two hundred thirty of
16 the public health law. The amount of such funds expended for such
17 purpose shall not be greater than such additional fees collected over
18 the licensure period or for the duration of such program if less than
19 the licensure period.
20 3. A physician shall not be required to pay any fee under this section
21 if he or she certifies to the department of state that for the period of
22 registration or licensure, he or she shall only practice medicine with-
23 out compensation or the expectation or promise of compensation. The
24 following shall not be considered compensation for the purposes of this
25 subdivision: (1) nominal payment solely to enable the physician to be
26 considered an employee of a health care provider, or (2) providing
27 liability coverage to the physician relating to the services provided.
28 § 1005. Limited permits. Permits limited as to eligibility, practice
29 and duration, shall be issued by the department of state to eligible
30 applicants, as follows:
31 1. Eligibility: The following persons shall be eligible for a limited
32 permit:
33 (1) A person who fulfills all requirements for a license as a physi-
34 cian except those relating to the examination and citizenship or perma-
35 nent residence in the United States;
36 (2) A foreign physician who holds a standard certificate from the
37 educational council for foreign medical graduates or who has passed an
38 examination satisfactory to the state board for medicine and in accord-
39 ance with the regulations of the secretary of state; or
40 (3) A foreign physician or a foreign intern who is in this country on
41 a non-immigration visa for the continuation of medical study, pursuant
42 to the exchange student program of the United States department of
43 state.
44 2. Limit of practice. A permittee shall be authorized to practice
45 medicine only under the supervision of a licensed physician and only in
46 a public, voluntary, or proprietary hospital.
47 3. Duration. A limited permit shall be valid for two years. It may be
48 renewed biennially at the discretion of the department of state.
49 4. Fees. The fee for each limited permit and for each renewal shall be
50 one hundred five dollars.
51 § 1006. Exempt persons. The following persons under the following
52 limitations may practice medicine within the state without a license:
53 1. Any physician who is employed as a resident in a public hospital,
54 provided such practice is limited to such hospital and is under the
55 supervision of a licensed physician;
S. 1407 167 A. 2107
1 2. Any physician who is licensed in a bordering state and who resides
2 near a border of this state, provided such practice is limited in this
3 state to the vicinity of such border and provided such physician does
4 not maintain an office or place to meet patients or receive calls within
5 this state;
6 3. Any physician who is licensed in another state or country and who
7 is meeting a physician licensed in this state, for purposes of consulta-
8 tion, provided such practice is limited to such consultation;
9 4. Any physician who is licensed in another state or country, who is
10 visiting a medical school or teaching hospital in this state to receive
11 medical instruction for a period not to exceed six months or to conduct
12 medical instruction, provided such practice is limited to such instruc-
13 tion and is under the supervision of a licensed physician;
14 5. Any physician who is authorized by a foreign government to practice
15 in relation to its diplomatic, consular or maritime staffs, provided
16 such practice is limited to such staffs;
17 6. Any commissioned medical officer who is serving in the United
18 States armed forces or public health service or any physician who is
19 employed in the United States Veterans Administration, provided such
20 practice is limited to such service or employment;
21 7. Any intern who is employed by a hospital and who is a graduate of a
22 medical school in the United States or Canada, provided such practice is
23 limited to such hospital and is under the supervision of a licensed
24 physician; or
25 8. Any medical student who is performing a clinical clerkship or simi-
26 lar function in a hospital and who is matriculated in a medical school
27 which meets standards satisfactory to the department of state, provided
28 such practice is limited to such clerkship or similar function in such
29 hospital.
30 9. Any dentist or dental school graduate eligible for licensure in the
31 state who administers anesthesia as part of a hospital residency program
32 established for the purpose of training dentists in anesthesiology.
33 § 1007. Special provisions. 1. A not-for-profit medical or dental
34 expense indemnity corporation or a hospital service corporation organ-
35 ized under the insurance law may employ licensed physicians and enter
36 into contracts with partnerships or medical corporations organized under
37 article forty-four of the public health law, health maintenance organ-
38 izations possessing a certificate of authority pursuant to article
39 forty-four of the public health law, professional corporations organized
40 under article fifteen of the business corporation law or other groups of
41 physicians to practice medicine on its behalf for persons insured under
42 its contracts or policies.
43 2. Notwithstanding any inconsistent provision of any general, special
44 or local law, any licensed physician who voluntarily and without the
45 expectation of monetary compensation renders first aid or emergency
46 treatment at the scene of an accident or other emergency, outside a
47 hospital, doctor's office or any other place having proper and necessary
48 medical equipment, to a person who is unconscious, ill or injured, shall
49 not be liable for damages for injuries alleged to have been sustained by
50 such person or for damages for the death of such person alleged to have
51 occurred by reason of an act or omission in the rendering of such first
52 aid or emergency treatment unless it is established that such injuries
53 were or such death was caused by gross negligence on the part of such
54 physician. Nothing in this subdivision shall be deemed or construed to
55 relieve a licensed physician from liability for damages for injuries or
56 death caused by an act or omission on the part of a physician while
S. 1407 168 A. 2107
1 rendering professional services in the normal and ordinary course of his
2 or her practice.
3 3. No individual who serves as a member of (a) a committee established
4 to administer a utilization review plan of a hospital, including a
5 hospital as defined in article twenty-eight of the public health law or
6 a hospital as defined in subdivision ten of section 1.03 of the mental
7 hygiene law, or (b) a committee having the responsibility of the inves-
8 tigation of an incident reported pursuant to section 29.29 of the mental
9 hygiene law or the evaluation and improvement of the quality of care
10 rendered in a hospital as defined in article twenty-eight of the public
11 health law or a hospital as defined in subdivision ten of section 1.03
12 of the mental hygiene law, or (c) any medical review committee or
13 subcommittee thereof of a local, county or state medical, dental, podia-
14 try or optometrical society, any such society itself, a professional
15 standards review organization or an individual when such committee,
16 subcommittee, society, organization or individual is performing any
17 medical or quality assurance review function including the investigation
18 of an incident reported pursuant to section 29.29 of the mental hygiene
19 law, either described in paragraphs (a) and (b) of this subdivision,
20 required by law, or involving any controversy or dispute between (i) a
21 physician, dentist, podiatrist or optometrist or hospital administrator
22 and a patient concerning the diagnosis, treatment or care of such
23 patient or the fees or charges therefor or (ii) a physician, dentist,
24 podiatrist or optometrist or hospital administrator and a provider of
25 medical, dental, podiatric or optometrical services concerning any
26 medical or health charges or fees of such physician, dentist, podiatrist
27 or optometrist, or (d) a committee appointed pursuant to section twen-
28 ty-eight hundred five-j of the public health law to participate in the
29 medical and dental malpractice prevention program, or (e) any individual
30 who participated in the preparation of incident reports required by the
31 department of health pursuant to section twenty-eight hundred five-l of
32 the public health law, or (f) a committee established to administer a
33 utilization review plan, or a committee having the responsibility of
34 evaluation and improvement of the quality of care rendered, in a health
35 maintenance organization organized under article forty-four of the
36 public health law or article forty-three of the insurance law, including
37 a committee of an individual practice association or medical group
38 acting pursuant to a contract with such a health maintenance organiza-
39 tion, shall be liable in damages to any person for any action taken or
40 recommendations made, by him or her within the scope of his or her func-
41 tion in such capacity provided that (i) such individual has taken action
42 or made recommendations within the scope of his or her function and
43 without malice, and (ii) in the reasonable belief after reasonable
44 investigation that the act or recommendation was warranted, based upon
45 the facts disclosed.
46 Neither the proceedings nor the records relating to performance of a
47 medical or a quality assurance review function or participation in a
48 medical and dental malpractice prevention program nor any report
49 required by the department of health pursuant to section twenty-eight
50 hundred five-l of the public health law described herein, including the
51 investigation of an incident reported pursuant to section 29.29 of the
52 mental hygiene law, shall be subject to disclosure under article thir-
53 ty-one of the civil practice law and rules except as hereinafter
54 provided or as provided by any other provision of law. No person in
55 attendance at a meeting when a medical or a quality assurance review or
56 a medical and dental malpractice prevention program or an incident
S. 1407 169 A. 2107
1 reporting function described herein was performed, including the inves-
2 tigation of an incident reported pursuant to section 29.29 of the mental
3 hygiene law, shall be required to testify as to what transpired thereat.
4 The prohibition relating to discovery of testimony shall not apply to
5 the statements made by any person in attendance at such a meeting who is
6 a party to an action or proceeding the subject matter of which was
7 reviewed at such meeting.
8 4. This subarticle shall not be construed to affect or prevent the
9 following:
10 a. The furnishing of medical assistance in an emergency;
11 b. The practice of the religious tenets of any church;
12 c. A physician from refusing to perform an act constituting the prac-
13 tice of medicine to which he or she is conscientiously opposed by reason
14 of religious training and belief.
15 d. The organization of a medical corporation under article forty-four
16 of the public health law, the organization of a university faculty prac-
17 tice corporation under section fourteen hundred twelve of the not-for-
18 profit corporation law or the organization of a professional service
19 corporation under article fifteen of the business corporation law.
20 e. The physician's use of whatever medical care, conventional or non-
21 conventional, which effectively treats human disease, pain, injury,
22 deformity or physical condition.
23 5. There shall be no monetary liability on the part of, and no cause
24 of action for damages shall arise against, any person, partnership,
25 corporation, firm, society, or other entity on account of the communi-
26 cation of information in the possession of such person or entity, or on
27 account of any recommendation or evaluation, regarding the qualifica-
28 tions, fitness, or professional conduct or practices of a physician, to
29 any governmental agency, medical or specialists society, a hospital as
30 defined in article twenty-eight of the public health law, a hospital as
31 defined in subdivision ten of section 1.03 of the mental hygiene law, or
32 a health maintenance organization organized under article forty-four of
33 the public health law or article forty-three of the insurance law,
34 including a committee of an individual practice association or medical
35 group acting pursuant to a contract with a health maintenance organiza-
36 tion. The foregoing shall not apply to information which is untrue and
37 communicated with malicious intent.
38 6. A licensed physician may prescribe and order a non-patient specific
39 regimen to a registered professional nurse, pursuant to regulations
40 promulgated by the secretary of state, and consistent with the public
41 health law, for:
42 (a) administering immunizations.
43 (b) the emergency treatment of anaphylaxis.
44 (c) administering purified protein derivative (PPD) tests.
45 § 1008. Qualification of certain applicants for licensure. (a)
46 Notwithstanding any other provisions of this subarticle or any law to
47 the contrary, an individual who at the time of his or her enrollment in
48 a medical school outside the United States is a resident of the United
49 States shall be eligible for licensure in this state if he or she has
50 satisfied the requirements of paragraphs one, five, six, seven and eight
51 of subdivision one of section one thousand four of this subarticle and:
52 (1) has studied medicine in a medical school located outside the
53 United States which is recognized by the World Health Organization;
54 (2) has completed all of the formal requirements of the foreign
55 medical school except internship and/or social service;
S. 1407 170 A. 2107
1 (3) has attained a score satisfactory to a medical school approved by
2 the Liaison Committee on Medical Education on a qualifying examination
3 acceptable to the state board for medicine, and has satisfactorily
4 completed one academic year of supervised clinical training under the
5 direction of such medical school;
6 (4) has completed the post-graduate hospital training required by the
7 state board for medicines of all applicants for licensure; and
8 (5) has passed the examination required by the state board for medi-
9 cines of all applicants for licensure.
10 (b) Satisfaction of the requirements of paragraphs one, two, and three
11 of subdivision (a) of this section shall be in lieu of the completion of
12 any foreign internship and/or social service requirements, and no such
13 requirements shall be a condition of licensure as a physician in this
14 state.
15 (c) Satisfaction of the requirements of paragraphs one, two, and three
16 of subdivision (a) of this section shall be in lieu of certification by
17 the Educational Council for Foreign Medical Graduates, and such certif-
18 ication shall not be a condition of licensure as a physician in this
19 state for candidates who have completed the requirements of subdivision
20 (a) of this section.
21 (d) No hospital licensed by this State, or operated by the State or a
22 political subdivision thereof, or which receives state financial assist-
23 ance, directly or indirectly, shall require an individual who has satis-
24 fied the requirements of paragraphs one, two, and three of subdivision
25 (a) of this section, and who at the time of his or her enrollment in a
26 medical school outside the United States is a resident of the United
27 States, to satisfy any further education or examination requirements
28 prior to commencing an internship or residency.
29 (e) A document granted by a medical school located outside the United
30 States which is recognized by the World Health Organization issued after
31 the completion of all the formal requirements of such foreign medical
32 school except internship and/or social service shall, upon certification
33 by the medical school in which such training was received of satisfac-
34 tory completion by the person to whom such document was issued of the
35 requirements listed in paragraph three of subdivision (a) of this
36 section, be deemed the equivalent of a degree of doctor of medicine for
37 purposes of licensure and practice as a physician in this State.
38 § 1009. Power of secretary of state regarding certain physicians.
39 Notwithstanding any provision of law to the contrary, the secretary of
40 state is authorized to confer the degree of doctor of medicine (M.D.)
41 upon physicians who are licensed pursuant to section one thousand four
42 or one thousand eight of this subarticle. Each applicant shall pay a fee
43 of three hundred dollars to the department of state for the issuance of
44 such degree.
45 SUBARTICLE 2-A
46 DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS,
47 PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
48 Section 1050. Definitions of professional misconduct.
49 1051. Additional definition of professional misconduct, limited
50 application.
51 1052. Enforcement, administration and interpretation of this
52 subarticle.
S. 1407 171 A. 2107
1 § 1050. Definitions of professional misconduct. Each of the following
2 is professional misconduct, and any licensee found guilty of such
3 misconduct under the procedures prescribed in section two hundred thirty
4 of the public health law shall be subject to penalties as prescribed in
5 section two hundred thirty-a of the public health law, as added by chap-
6 ter 606 of the laws of nineteen hundred ninety-one, except that the
7 charges may be dismissed in the interest of justice:
8 1. Obtaining the license fraudulently;
9 2. Practicing the profession fraudulently or beyond its authorized
10 scope;
11 3. Practicing the profession with negligence on more than one occa-
12 sion;
13 4. Practicing the profession with gross negligence on a particular
14 occasion;
15 5. Practicing the profession with incompetence on more than one occa-
16 sion;
17 6. Practicing the profession with gross incompetence;
18 7. Practicing the profession while impaired by alcohol, drugs, phys-
19 ical disability, or mental disability;
20 8. Being a habitual abuser of alcohol, or being dependent on or a
21 habitual user of narcotics, barbiturates, amphetamines, hallucinogens,
22 or other drugs having similar effects, except for a licensee who is
23 maintained on an approved therapeutic regimen which does not impair the
24 ability to practice, or having a psychiatric condition which impairs the
25 licensee's ability to practice;
26 9. (a) Being convicted of committing an act constituting a crime
27 under:
28 (i) New York state law or,
29 (ii) federal law or,
30 (iii) the law of another jurisdiction and which, if committed within
31 this state, would have constituted a crime under New York state law;
32 (b) Having been found guilty of improper professional practice or
33 professional misconduct by a duly authorized professional disciplinary
34 agency of another state where the conduct upon which the finding was
35 based would, if committed in New York state, constitute professional
36 misconduct under the laws of New York state;
37 (c) Having been found guilty in an adjudicatory proceeding of violat-
38 ing a state or federal statute or regulation, pursuant to a final deci-
39 sion or determination, and when no appeal is pending, or after resol-
40 ution of the proceeding by stipulation or agreement, and when the
41 violation would constitute professional misconduct pursuant to this
42 section;
43 (d) Having his or her license to practice medicine revoked, suspended
44 or having other disciplinary action taken, or having his or her applica-
45 tion for a license refused, revoked or suspended or having voluntarily
46 or otherwise surrendered his or her license after a disciplinary action
47 was instituted by a duly authorized professional disciplinary agency of
48 another state, where the conduct resulting in the revocation, suspension
49 or other disciplinary action involving the license or refusal, revoca-
50 tion or suspension of an application for a license or the surrender of
51 the license would, if committed in New York state, constitute profes-
52 sional misconduct under the laws of New York state;
53 (e) Having been found by the commissioner of health to be in violation
54 of article thirty-three of the public health law;
55 10. Refusing to provide professional service to a person because of
56 such person's race, creed, color or national origin;
S. 1407 172 A. 2107
1 11. Permitting, aiding or abetting an unlicensed person to perform
2 activities requiring a license;
3 12. Practicing the profession while the license is suspended or inac-
4 tive as defined in subdivision thirteen of section two hundred thirty of
5 the public health law, or willfully failing to register or notify the
6 department of state of any change of name or mailing address, or, if a
7 professional service corporation, willfully failing to comply with
8 sections fifteen hundred three and fifteen hundred fourteen of the busi-
9 ness corporation law or, if a university faculty practice corporation
10 wilfully failing to comply with paragraphs (b), (c) and (d) of section
11 fifteen hundred three and section fifteen hundred fourteen of the busi-
12 ness corporation law;
13 13. A willful violation by a licensee of subdivision eleven of section
14 two hundred thirty of the public health law;
15 14. A violation of section twenty-eight hundred three-d or twenty-
16 eight hundred five-k of the public health law; or
17 15. Failure to comply with an order issued pursuant to subdivision
18 seven, paragraph (a) of subdivision ten, and subdivision seventeen of
19 section two hundred thirty of the public health law;
20 16. A willful or grossly negligent failure to comply with substantial
21 provisions of federal, state, or local laws, rules, or regulations
22 governing the practice of medicine;
23 17. Exercising undue influence on the patient, including the promotion
24 of the sale of services, goods, appliances, or drugs in such manner as
25 to exploit the patient for the financial gain of the licensee or of a
26 third party;
27 18. Directly or indirectly offering, giving, soliciting, or receiving
28 or agreeing to receive, any fee or other consideration to or from a
29 third party for the referral of a patient or in connection with the
30 performance of professional services;
31 19. Permitting any person to share in the fees for professional
32 services, other than: a partner, employee, associate in a professional
33 firm or corporation, professional subcontractor or consultant authorized
34 to practice medicine, or a legally authorized trainee practicing under
35 the supervision of a licensee. This prohibition shall include any
36 arrangement or agreement whereby the amount received in payment for
37 furnishing space, facilities, equipment or personnel services used by a
38 licensee constitutes a percentage of, or is otherwise dependent upon,
39 the income or receipts of the licensee from such practice, except as
40 otherwise provided by law with respect to a facility licensed pursuant
41 to article twenty-eight of the public health law or article thirteen of
42 the mental hygiene law;
43 20. Conduct in the practice of medicine which evidences moral unfit-
44 ness to practice medicine;
45 21. Willfully making or filing a false report, or failing to file a
46 report required by law or by the department of health or the department
47 of state, or willfully impeding or obstructing such filing, or inducing
48 another person to do so;
49 22. Failing to make available to a patient, upon request, copies of
50 documents in the possession or under the control of the licensee which
51 have been prepared for and paid for by the patient or client;
52 23. Revealing of personally identifiable facts, data, or information
53 obtained in a professional capacity without the prior consent of the
54 patient, except as authorized or required by law;
55 24. Practicing or offering to practice beyond the scope permitted by
56 law, or accepting and performing professional responsibilities which the
S. 1407 173 A. 2107
1 licensee knows or has reason to know that he or she is not competent to
2 perform, or performing without adequate supervision professional
3 services which the licensee is authorized to perform only under the
4 supervision of a licensed professional, except in an emergency situation
5 where a person's life or health is in danger;
6 25. Delegating professional responsibilities to a person when the
7 licensee delegating such responsibilities knows or has reason to know
8 that such person is not qualified, by training, by experience, or by
9 licensure, to perform them;
10 25-a. With respect to any non-emergency treatment, procedure or
11 surgery which is expected to involve local or general anesthesia, fail-
12 ing to disclose to the patient the identities of all physicians, except
13 medical residents in certified training programs, podiatrists and
14 dentists, reasonably anticipated to be actively involved in such treat-
15 ment, procedure or surgery and to obtain such patient's informed consent
16 to said practitioners' participation;
17 26. Performing professional services which have not been duly autho-
18 rized by the patient or his or her legal representative;
19 27. Advertising or soliciting for patronage that is not in the public
20 interest. (a) Advertising or soliciting not in the public interest shall
21 include, but not be limited to, advertising or soliciting that: (i) is
22 false, fraudulent, deceptive, misleading, sensational, or flamboyant;
23 (ii) represents intimidation or undue pressure;
24 (iii) uses testimonials;
25 (iv) guarantees any service;
26 (v) makes any claim relating to professional services or products or
27 the costs or price therefor which cannot be substantiated by the licen-
28 see, who shall have the burden of proof;
29 (vi) makes claims of professional superiority which cannot be substan-
30 tiated by the licensee, who shall have the burden of proof; or
31 (vii) offers bonuses or inducements in any form other than a discount
32 or reduction in an established fee or price for a professional service
33 or product.
34 (b) The following shall be deemed appropriate means of informing the
35 public of the availability of professional services: (i) informational
36 advertising not contrary to the foregoing prohibitions; and
37 (ii) the advertising in a newspaper, periodical or professional direc-
38 tory or on radio or television of fixed prices, or a stated range of
39 prices, for specified routine professional services, provided that if
40 there is an additional charge for related services which are an integral
41 part of the overall service being provided by the licensee, the adver-
42 tisement shall so state, and provided further that the advertisement
43 indicates the period of time for which the advertised prices shall be in
44 effect.
45 (c)(i) All licensees placing advertisements shall maintain, or cause
46 to be maintained, an exact copy of each advertisement, transcript, tape
47 or video tape thereof as appropriate for the medium used, for a period
48 of one year after its last appearance. This copy shall be made avail-
49 able for inspection upon demand of the department of health;
50 (ii) A licensee shall not compensate or give anything of value to rep-
51 resentatives of the press, radio, television or other communications
52 media in anticipation of or in return for professional publicity in a
53 news item;
54 (d) No demonstrations, dramatizations or other portrayals of profes-
55 sional practice shall be permitted in advertising on radio or tele-
56 vision;
S. 1407 174 A. 2107
1 28. Failing to respond within thirty days to written communications
2 from the department of health and to make available any relevant records
3 with respect to an inquiry or complaint about the licensee's profes-
4 sional misconduct. The period of thirty days shall commence on the date
5 when such communication was delivered personally to the licensee. If the
6 communication is sent from the department of health by registered or
7 certified mail, with return receipt requested, to the address appearing
8 in the last registration, the period of thirty days shall commence on
9 the date of delivery to the licensee, as indicated by the return
10 receipt;
11 29. Violating any term of probation or condition or limitation imposed
12 on the licensee pursuant to section two hundred thirty of the public
13 health law;
14 30. Abandoning or neglecting a patient under and in need of immediate
15 professional care, without making reasonable arrangements for the
16 continuation of such care, or abandoning a professional employment by a
17 group practice, hospital, clinic or other health care facility, without
18 reasonable notice and under circumstances which seriously impair the
19 delivery of professional care to patients or clients;
20 31. Willfully harassing, abusing, or intimidating a patient either
21 physically or verbally;
22 32. Failing to maintain a record for each patient which accurately
23 reflects the evaluation and treatment of the patient, provided, however,
24 that a physician who transfers an original mammogram to a medical insti-
25 tution, or to a physician or health care provider of the patient, or to
26 the patient directly, as otherwise provided by law, shall have no obli-
27 gation under this section to maintain the original or a copy thereof.
28 Unless otherwise provided by law, all patient records must be retained
29 for at least six years. Obstetrical records and records of minor
30 patients must be retained for at least six years, and until one year
31 after the minor patient reaches the age of eighteen years;
32 33. Failing to exercise appropriate supervision over persons who are
33 authorized to practice only under the supervision of the licensee;
34 34. Guaranteeing that satisfaction or a cure will result from the
35 performance of professional services;
36 35. Ordering of excessive tests, treatment, or use of treatment facil-
37 ities not warranted by the condition of the patient;
38 36. Claiming or using any secret or special method of treatment which
39 the licensee refused to divulge to the department of health;
40 37. Failing to wear an identifying badge, which shall be conspicuously
41 displayed and legible, indicating the practitioner's name and profes-
42 sional title authorized pursuant to this article, while practicing as an
43 employee or operator of a hospital, clinic, group practice or multipro-
44 fessional facility, or at a commercial establishment offering health
45 services to the public;
46 38. Entering into an arrangement or agreement with a pharmacy for the
47 compounding and/or dispensing of coded or specially marked
48 prescriptions;
49 39. With respect to all professional practices conducted under an
50 assumed name, other than facilities licensed pursuant to article twen-
51 ty-eight of the public health law or article thirteen of the mental
52 hygiene law, failing to post conspicuously at the site of such practice
53 the name and licensure field of all of the principal professional licen-
54 sees engaged in the practice at that site (i.e., principal partners,
55 officers or principal shareholders);
S. 1407 175 A. 2107
1 40. Failing to provide access by qualified persons to patient informa-
2 tion in accordance with the standards set forth in section eighteen of
3 the public health law, as added by chapter 497 of the laws of 1986;
4 41. Knowingly or willfully performing a complete or partial autopsy on
5 a deceased person without lawful authority;
6 42. Failing to comply with a signed agreement to practice medicine in
7 New York state in an area designated by the commissioner of education as
8 having a shortage of physicians or refusing to repay medical education
9 costs in lieu of such required service, or failing to comply with any
10 provision of a written agreement with the state or any municipality
11 within which the licensee has agreed to provide medical service, or
12 refusing to repay funds in lieu of such service as consideration of
13 awards made by the state or any municipality thereof for his or her
14 professional education in medicine, or failing to comply with any agree-
15 ment entered into to aid his or her medical education;
16 43. Failing to complete forms or reports required for the reimburse-
17 ment of a patient by a third party. Reasonable fees may be charged for
18 such forms or reports, but prior payment for the professional services
19 to which such forms or reports relate may not be required as a condition
20 for making such forms or reports available;
21 44. In the practice of psychiatry, (a) any physical contact of a sexu-
22 al nature between licensee and patient except the use of films and/or
23 other audiovisual aids with individuals or groups in the development of
24 appropriate responses to overcome sexual dysfunction and (b) in therapy
25 groups, activities which promote explicit physical sexual contact
26 between group members during sessions; and
27 45. In the practice of ophthalmology, failing to provide a patient,
28 upon request, with the patient's prescription including the name,
29 address, and signature of the prescriber and the date of the
30 prescription.
31 46. A violation of section two hundred thirty-eight of the public
32 health law by a professional other than a professional subject to the
33 provisions of paragraph (f) of subdivision one of section twenty-eight
34 hundred five-k of the public health law.
35 47. Failure to use scientifically accepted barrier precautions and
36 infection control practices as established by the department of health
37 pursuant to section two hundred thirty-a of the public health law, as
38 added by chapter six hundred six of the laws of nineteen hundred nine-
39 ty-one.
40 § 1051. Additional definition of professional misconduct, limited
41 application. Notwithstanding any inconsistent provision of this subar-
42 ticle or any other provisions of law to the contrary, the license or
43 registration of a person subject to the provisions of this subarticle
44 and subarticle two-b of this article may be revoked, suspended, or
45 annulled or such person may be subject to any other penalty provided in
46 section two hundred thirty-a of the public health law in accordance with
47 the provisions and procedures of this subarticle for the following:
48 That any person subject to the above-enumerated subarticles has
49 directly or indirectly requested, received or participated in the divi-
50 sion, transference, assignment, rebate, splitting, or refunding of a fee
51 for, or has directly requested, received or profited by means of a cred-
52 it or other valuable consideration as a commission, discount or gratui-
53 ty, in connection with the furnishing of professional care or service,
54 including x-ray examination and treatment, or for or in connection with
55 the sale, rental, supplying, or furnishing of clinical laboratory
56 services or supplies, x-ray laboratory services or supplies, inhalation
S. 1407 176 A. 2107
1 therapy service or equipment, ambulance service, hospital or medical
2 supplies, physiotherapy or other therapeutic service or equipment, arti-
3 ficial limbs, teeth or eyes, orthopedic or surgical appliances or
4 supplies, optical appliances, supplies, or equipment, devices for aid of
5 hearing, drugs, medication, or medical supplies, or any other goods,
6 services, or supplies prescribed for medical diagnosis, care, or treat-
7 ment under this article, except payment, not to exceed thirty-three and
8 one-third percent of any fee received for x-ray examination, diagnosis,
9 or treatment, to any hospital furnishing facilities for such examina-
10 tion, diagnosis, or treatment. Nothing contained in this section shall
11 prohibit such persons from practicing as partners, in groups or as a
12 professional corporation or as a university faculty practice corpo-
13 ration, nor from pooling fees and moneys received, either by the part-
14 nerships, professional corporations, or university faculty practice
15 corporations or groups by the individual members thereof, for profes-
16 sional services furnished by an individual professional member, or
17 employee of such partnership, corporation, or group, nor shall the
18 professionals constituting the partnerships, corporations or groups be
19 prohibited from sharing, dividing, or apportioning the fees and moneys
20 received by them or by the partnership, corporation, or group in accord-
21 ance with a partnership or other agreement; provided that no such prac-
22 tice as partners, corporations, or groups, or pooling of fees or moneys
23 received or shared, division or apportionment of fees shall be permitted
24 with respect to and treatment under the workers' compensation law. Noth-
25 ing contained in this chapter shall prohibit a corporation licensed
26 pursuant to article forty-three of the insurance law pursuant to its
27 contract with the subscribed from prorationing a medical or dental
28 expenses indemnity allowance among two or more professionals in propor-
29 tion to the services rendered by each such professional at the request
30 of the subscriber, provided that prior to payment thereof such profes-
31 sionals shall submit both to the corporation licensed pursuant to arti-
32 cle forty-three of the insurance law and to the subscriber statements
33 itemizing the services rendered by each such professional and the charg-
34 es therefor.
35 § 1052. Enforcement, administration and interpretation of this subar-
36 ticle. The board of professional medical conduct and the department of
37 health shall enforce, administer and interpret this subarticle. Before
38 issuing a declaratory ruling pursuant to section two hundred four of the
39 state administrative procedure act with respect to this subarticle, the
40 department of health shall fully consult with the department of state.
41 Neither the secretary of state nor the commissioner of health may
42 promulgate any rules or regulations concerning this subarticle.
43 SUBARTICLE 2-B
44 PHYSICIAN ASSISTANTS AND SPECIALIST ASSISTANTS
45 Section 1100. Definitions.
46 1101. Registration.
47 1102. Performance of medical services.
48 1103. Construction.
49 1104. Regulations.
50 1105. Emergency services rendered by physician assistant.
51 1106. Limited permits.
S. 1407 177 A. 2107
1 § 1100. Definitions. As used in this subarticle: 1. Physician assist-
2 ant. The term "physician assistant" means a person who is registered as
3 a physician assistant pursuant to this subarticle.
4 2. Specialist assistant. The term "specialist assistant" means a
5 person who is registered pursuant to this subarticle as a specialist
6 assistant for a particular medical specialty as defined by regulations
7 promulgated by the commissioner of health pursuant to section thirty-
8 seven hundred one of the public health law.
9 3. Physician. The term "physician" means a practitioner of medicine
10 licensed to practice medicine pursuant to subarticle two of this arti-
11 cle.
12 4. Approved program. The term "approved program" means a program for
13 the education of physician assistants or specialist assistants which has
14 been formerly approved by the department of state.
15 5. Hospital. The term "hospital" means an institution or facility
16 possessing a valid operating certificate issued pursuant to article
17 twenty-eight of the public health law and authorized to employ physician
18 assistants and specialist assistants in accordance with rules and regu-
19 lations of the state hospital review and planning council.
20 § 1101. Registration. 1. To qualify for registration as a physician
21 assistant or specialist assistant, each person shall pay a fee of one
22 hundred fifteen dollars to the department of state for admission to a
23 department conducted examination, a fee of forty-five dollars for each
24 reexamination and a fee of seventy dollars for persons not requiring
25 admission to a department conducted examination and shall also submit
26 satisfactory evidence, verified by oath or affirmation, that he or she:
27 (a) at the time of application is at least twenty-one years of age;
28 (b) is of good moral character;
29 (c) has successfully completed a four-year course of study in a
30 secondary school approved by the board of regents or has passed an
31 equivalency test;
32 (d) has satisfactorily completed an approved program for the training
33 of physician assistants or specialist assistants. The approved program
34 for the training of physician assistants shall include not less than
35 forty weeks of supervised clinical training and thirty-two credit hours
36 of classroom work. The secretary of state is empowered to determine
37 whether an applicant possesses equivalent education and training, such
38 as experience as a nurse or military corpsman, which may be accepted in
39 lieu of all or part of an approved program; and
40 (e) in the case of an applicant for registration as a physician
41 assistant, has obtained a passing score on an examination acceptable to
42 the department of state.
43 2. The department of state shall furnish to each person applying for
44 registration hereunder an application form calling for such information
45 as the department deems necessary and shall issue to each applicant who
46 satisfies the requirements of subdivision one of this section a certif-
47 icate of registration as a physician assistant or specialist assistant
48 in a particular medical specialty for the period expiring December thir-
49 ty-first of the first odd-numbered year terminating subsequent to such
50 registration.
51 3. Every registrant shall apply to the department of state for a
52 certificate of registration. The department of state shall mail to every
53 registered physician assistant and specialist assistant an application
54 form for registration, addressed to the registrant's post office address
55 on file with the department of state. Upon receipt of such application
56 properly executed, together with evidence of satisfactory completion of
S. 1407 178 A. 2107
1 such continuing education requirements as may be established by the
2 commissioner of health pursuant to section thirty-seven hundred one of
3 the public health law, the department of state shall issue a certificate
4 of registration. Registration periods shall be triennial and the regis-
5 tration fee shall be forty-five dollars.
6 § 1102. Performance of medical services. 1. Notwithstanding any other
7 provision of law, a physician assistant may perform medical services,
8 but only when under the supervision of a physician and only when such
9 acts and duties as are assigned to him or her are within the scope of
10 practice of such supervising physician.
11 2. Notwithstanding any other provision of law, a specialist assistant
12 may perform medical services, but only when under the supervision of a
13 physician and only when such acts and duties as are assigned to him or
14 her are related to the designated medical specialty for which he or she
15 is registered and are within the scope of practice of his or her super-
16 vising physician.
17 3. Supervision shall be continuous but shall not be construed as
18 necessarily requiring the physical presence of the supervising physician
19 at the time and place where such services are performed.
20 4. No physician shall employ or supervise more than two physician
21 assistants and two specialist assistants in his or her private practice.
22 5. Nothing in this subarticle shall prohibit a hospital from employing
23 physician assistants or specialist assistants provided they work under
24 the supervision of a physician designated by the hospital and not beyond
25 the scope of practice of such physician. The numerical limitation of
26 subdivision four of this section shall not apply to services performed
27 in a hospital.
28 6. Notwithstanding any other provision of this subarticle, nothing
29 shall prohibit a physician employed by or rendering services to the
30 department of correctional services under contract from supervising no
31 more than four physician assistants or specialist assistants in his or
32 her practice for the department of correctional services.
33 7. Notwithstanding any other provision of law, a trainee in an
34 approved program may perform medical services when such services are
35 performed within the scope of such program.
36 8. Nothing in this subarticle, or in article thirty-seven of the
37 public health law, shall be construed to authorize physician assistants
38 or specialist assistants to perform those specific functions and duties
39 specifically delegated by law to those persons licensed as allied health
40 professionals under the public health law or this article.
41 § 1103. Construction. 1. Only a person registered as a physician
42 assistant by the department of state may use the title "registered
43 physician assistant" or the letters "R.P.A." after his or her name.
44 2. Only a person registered as a specialist assistant by the depart-
45 ment of state may use the title "registered specialist assistant" or the
46 letters "R.S.A." after his or her name.
47 § 1104. Regulations. The secretary of state may promulgate such other
48 regulations as are necessary to carry out the purposes of this subarti-
49 cle.
50 § 1105. Emergency services rendered by physician assistant. Notwith-
51 standing any inconsistent provision of any general, special or local
52 law, any physician assistant properly registered in this state who
53 voluntarily and without the expectation of monetary compensation renders
54 first aid or emergency treatment at the scene of an accident or other
55 emergency, outside a hospital, doctor's office or any other place having
56 proper and necessary medical equipment, to a person who is unconscious,
S. 1407 179 A. 2107
1 ill or injured, shall not be liable for damages for injuries alleged to
2 have been sustained by such person or for damages for the death of such
3 person alleged to have occurred by reason of an act or omission in the
4 rendering of such first aid or emergency treatment unless it is estab-
5 lished that such injuries were or such death was caused by gross negli-
6 gence on the part of such physician assistant. Nothing in this section
7 shall be deemed or construed to relieve a licensed physician assistant
8 from liability for damages for injuries or death caused by an act or
9 omission on the part of a physician assistant while rendering profes-
10 sional services in the normal and ordinary course of his practice.
11 § 1106. Limited permits. Permits limited as to eligibility, practice
12 and duration, shall be issued by the department of state to eligible
13 applicants, as follows:
14 1. Eligibility. A person who fulfills all requirements for registra-
15 tion as a physician assistant except that relating to the examination
16 shall be eligible for a limited permit.
17 2. Limit of practice. A permittee shall be authorized to practice as a
18 physician assistant only under the direct supervision of a physician.
19 3. Duration. A limited permit shall expire one year from the date of
20 issuance or upon notice to the permittee by the department of state that
21 the application for registration has been denied. A limited permit shall
22 be extended upon application for one additional year, provided that the
23 permittee's request for such extension is endorsed by a physician who
24 either has supervised or will supervise the permittee, except that such
25 extension may be denied by the department of state for cause which shall
26 be stated in writing. If the permittee is awaiting the results of a
27 licensing examination at the time such limited permit expires, such
28 permit shall continue to be valid until ten days after notification to
29 the permittee of the result of such examination.
30 4. Fees. The fee for each limited permit shall be one hundred five
31 dollars.
32 SUBARTICLE 3
33 CHIROPRACTIC
34 Section 1150. Introduction.
35 1151. Definition of practice of chiropractic.
36 1152. Practice of chiropractic and use of title "chiropractor".
37 1153. State board for chiropractic.
38 1154. Requirements for a professional license.
39 1155. Exempt persons.
40 1156. Special provisions.
41 § 1150. Introduction. This subarticle applies to the profession of
42 chiropractic. The general provisions for all professions contained in
43 subarticle one of this article apply to this subarticle.
44 § 1151. Definition of practice of chiropractic. 1. The practice of
45 the profession of chiropractic is defined as detecting and correcting by
46 manual or mechanical means structural imbalance, distortion, or subluxa-
47 tions in the human body for the purpose of removing nerve interference
48 and the effects thereof, where such interference is the result of or
49 related to distortion, misalignment or subluxation of or in the verte-
50 bral column.
51 2. a. A license to practice as a chiropractor shall not permit the
52 holder thereof to use radio-therapy, fluoroscopy, or any form of ioniz-
S. 1407 180 A. 2107
1 ing radiation except X-ray which shall be used for the detection of
2 structural imbalance, distortion, or subluxations in the human body.
3 b. The requirements and limitations with respect to the use of X-ray
4 by chiropractors shall be enforced by the state commissioner of health
5 and he or she is authorized to promulgate rules and regulations after
6 conferring with the state board of chiropractic to carry out the
7 purposes of this subdivision.
8 c. Chiropractors shall retain for a period of three years all X-ray
9 films taken in the course of their practice, together with the records
10 pertaining thereto, and shall make such films and records available to
11 the state commissioner of health or his representative on demand.
12 3. A license to practice chiropractic shall not permit the holder
13 thereof to treat for any infectious diseases such as pneumonia, any
14 communicable diseases listed in the sanitary code of the state of New
15 York, any of the cardio-vascular-renal or cardio-pulmonary diseases, any
16 surgical condition of the abdomen such as acute appendicitis, or
17 diabetes, or any benign or malignant neoplasms; to operate; to reduce
18 fractures or dislocations; to prescribe, administer, dispense or use in
19 his practice drugs or medicines; or to use diagnostic or therapeutic
20 methods involving chemical or biological means except diagnostic
21 services performed by clinical laboratories which services shall be
22 approved by the state board of chiropractic as appropriate to the prac-
23 tice of chiropractic; or to utilize electrical devices except those
24 devices approved by the state board of chiropractic as being appropriate
25 to the practice of chiropractic. Nothing herein shall be construed to
26 prohibit a licensed chiropractor who has successfully completed a regis-
27 tered doctoral program in chiropractic, which contains courses of study
28 in nutrition satisfactory to the department, from using nutritional
29 counseling, including the dispensing of food concentrates, food
30 extracts, vitamins, minerals, and other nutritional supplements approved
31 by the state board of chiropractic as being appropriate to, and as a
32 part of, his or her practice of chiropractic. Nothing herein shall be
33 construed to prohibit an individual who is not subject to regulation in
34 this state as a licensed chiropractor from engaging in nutritional coun-
35 seling.
36 § 1152. Practice of chiropractic and use of title "chiropractor".
37 Only a person licensed or exempt under this subarticle shall practice
38 chiropractic or use the title "chiropractor".
39 § 1153. State board for chiropractic. A state board for chiropractic
40 shall be appointed by the secretary of state for the purpose of assist-
41 ing the secretary of state and the department of state on matters of
42 professional licensing and professional conduct in accordance with
43 section nine hundred twenty-two of this article. The board shall be
44 composed of not less than seven members, including at least four
45 licensed chiropractors, one licensed physician who is a doctor of medi-
46 cine, one licensed physician who is a doctor of osteopathy, and one
47 educator who holds a doctorate or equivalent degree in either anatomy,
48 physiology, pathology, chemistry or microbiology. An executive secre-
49 tary to the board shall be appointed by the secretary of state.
50 § 1154. Requirements for a professional license. To qualify for a
51 license as a chiropractor, an applicant shall fulfill the following
52 requirements:
53 (1) Application: file an application with the department of state;
54 (2) Education: have received an education, including two years of
55 preprofessional college study and completion of a four-year resident
S. 1407 181 A. 2107
1 program in chiropractic, in accordance with the regulations of the
2 secretary of state;
3 (3) Experience: have experience satisfactory to the state board of
4 chiropractic and in accordance with the regulations of the secretary of
5 state;
6 (4) Examination: pass examinations satisfactory to the state board of
7 chiropractic and in accordance with the regulations of the secretary of
8 state, in clinical chiropractic analysis, the practice of chiropractic,
9 X-ray as it relates to chiropractic analysis, and examinations satisfac-
10 tory to the department of state in anatomy, physiology, pathology, chem-
11 istry, microbiology, diagnosis, and the use and effect of X-ray;
12 (5) Age: be at least twenty-one years of age;
13 (6) Citizenship or immigration status: be a United States citizen or
14 an alien lawfully admitted for permanent residence in the United States;
15 (7) Character: be of good moral character as determined by the depart-
16 ment of state; and
17 (8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
18 ment of state for admission to a department conducted examination and
19 for an initial license, a fee of eighty-five dollars for each reexamina-
20 tion, a fee of one hundred fifteen dollars for an initial license for
21 persons not requiring admission to a department conducted examination,
22 and a fee of one hundred fifty-five dollars for each triennial registra-
23 tion period.
24 § 1155. Exempt persons. Nothing in this subarticle shall be construed
25 to affect or prevent a student enrolled in a college of chiropractic in
26 this state from engaging in all phases of clinical practice under super-
27 vision of a licensed chiropractor or physician in a curriculum regis-
28 tered by the department of state.
29 § 1156. Special provisions. 1. Any chiropractor who holds a license
30 stating that the holder is not authorized to use X-ray in his or her
31 practice shall on each registration, continue to obtain a license so
32 marked. Any chiropractor holding such a license may obtain a license
33 permitting the use of X-ray provided he or she first passes an examina-
34 tion in the use and effect of X-ray satisfactory to the state board for
35 chiropractic and the department of state.
36 2. An applicant who graduated from a school of chiropractic prior to
37 January first, nineteen hundred sixty-eight need not meet the two-year
38 preprofessional college study requirement provided for in subdivision
39 two of section eleven hundred fifty-four of this subarticle.
40 SUBARTICLE 4
41 DENTISTRY AND DENTAL HYGIENE
42 Section 1200. Introduction.
43 1201. Definition of practice of dentistry.
44 1202. Practice of dentistry and use of title "dentist".
45 1203. State board for dentistry.
46 1204. Requirements for a license as a dentist.
47 1205. Mandatory continuing education for dentists.
48 1206. Limited permits.
49 1207. Dental anesthesia certificate.
50 1208. Dental hygiene restricted local infiltration
51 anesthesia/nitrous oxide analgesia certificate.
52 1209. Definition of practice of dental hygiene.
S. 1407 182 A. 2107
1 1210. Practice of dental hygiene and use of title "dental
2 hygienist".
3 1211. Definition of practice of certified dental assisting.
4 1212. Practice of certified dental assisting and use of title
5 "certified dental assistant".
6 1213. Requirements for certification as a certified dental
7 assistant.
8 1214. Exempt persons.
9 1215. Limited permits.
10 1216. Requirements for a license as a dental hygienist.
11 1217. Mandatory continuing education for dental hygienists.
12 1218. Exempt persons.
13 1219. Special provisions.
14 1220. Identification of removable full or partial prosthetic
15 devices.
16 1221. Nitrous oxide equipment.
17 § 1200. Introduction. This subarticle applies to the professions of
18 dentistry and dental hygiene. The general provisions for all
19 professions contained in subarticle one of this article apply to this
20 subarticle.
21 § 1201. Definition of practice of dentistry. The practice of the
22 profession of dentistry is defined as diagnosing, treating, operating,
23 or prescribing for any disease, pain, injury, deformity, or physical
24 condition of the oral and maxillofacial area related to restoring and
25 maintaining dental health. The practice of dentistry includes the
26 prescribing and fabrication of dental prostheses and appliances. The
27 practice of dentistry may include performing physical evaluations in
28 conjunction with the provision of dental treatment.
29 § 1202. Practice of dentistry and use of title "dentist". Only a
30 person licensed or otherwise authorized to practice under this subarti-
31 cle shall practice dentistry or use the title "dentist".
32 § 1203. State board for dentistry. A state board for dentistry shall
33 be appointed by the secretary of state for the purpose of assisting him
34 or her and the department of state on matters of professional licensing
35 and professional conduct in accordance with section nine hundred twen-
36 ty-two of this article. The board shall be composed of not less than
37 thirteen dentists licensed in this state for at least five years, not
38 less than three dental hygienists licensed in this state for at least
39 five years, and not less than one certified dental assistant licensed in
40 this state for at least one year. An executive secretary to the board
41 shall be appointed by the secretary of state and shall be a dentist
42 licensed in this state.
43 § 1204. Requirements for a license as a dentist. To qualify for a
44 license as a dentist, an applicant shall fulfill the following require-
45 ments:
46 (1) Application: file an application with the department of state;
47 (2) Education: have received an education, including a doctoral degree
48 in dentistry, in accordance with the regulations of the secretary of
49 state;
50 (3) Experience: have experience satisfactory to the state board for
51 dentistry and in accordance with the regulations of the secretary of
52 state, provided that such experience may consist of satisfactory
53 completion of a postdoctoral dental residency program, of at least one
54 year's duration, in a hospital or dental facility accredited for teach-
55 ing purposes by the commission on dental accreditation of the american
56 dental association, provided, further, that any such residency program
S. 1407 183 A. 2107
1 shall include a formal outcome assessment evaluation of the resident's
2 competence to practice dentistry acceptable to the department of state;
3 (4) Examination: pass an examination satisfactory to the state board
4 for dentistry and in accordance with the regulations of the secretary of
5 state, provided that every person pursuing the dental residency option
6 of subdivision three of this section upon the satisfactory completion of
7 such residency which shall include the formal outcome assessment as
8 denoted in such subdivision, shall be deemed to have met all clinical
9 dentistry requirements for licensure and shall not be required to take
10 any additional clinical licensing examination;
11 (5) Age: be at least twenty-one years of age;
12 (6) Citizenship or immigration status: be a United States citizen or
13 an alien lawfully admitted for permanent residence in the United States;
14 provided, however, that the secretary of state may grant a three year
15 waiver for an alien to practice in an area which has been designated a
16 federal dental health professions shortage area, except that the secre-
17 tary of state may grant an additional extension not to exceed six years
18 to an alien to enable him or her to secure citizenship or permanent
19 resident status, provided such status is being actively pursued;
20 (7) Character: be of good moral character as determined by the depart-
21 ment of state; and
22 (8) Fees: pay a fee of two hundred twenty dollars to the department of
23 state for admission to a department conducted examination and for an
24 initial license, a fee of one hundred fifteen dollars for each reexam-
25 ination, a fee of one hundred thirty-five dollars for an initial license
26 for persons not requiring admission to a department conducted examina-
27 tion, and a fee of two hundred ten dollars for each triennial registra-
28 tion period.
29 § 1205. Mandatory continuing education for dentists. 1. (a) Each
30 dentist, licensed pursuant to this subarticle, required to register
31 triennially with the department of state to practice in this state shall
32 comply with the provisions of the mandatory continuing education
33 requirements, except as set forth in paragraphs (b) and (c) of this
34 subdivision. Dentists who do not satisfy the mandatory continuing
35 education requirements shall not practice until they have met such
36 requirements and have been issued a registration or conditional regis-
37 tration certificate.
38 (b) Dentists shall be exempt from the mandatory continuing education
39 requirement for the triennial registration period during which they are
40 first licensed. In accordance with the intent of this section, adjust-
41 ments to the mandatory continuing education requirement may be granted
42 by the department of state for reasons of health, certified by a physi-
43 cian, for extended active duty with the armed forces of the United
44 States, or for other good cause acceptable to the department which may
45 prevent compliance.
46 (c) A licensed dentist not engaged in public practice as an individual
47 practitioner, a partner of a partnership, a shareholder of a profes-
48 sional service corporation, or an employee of such practice units, shall
49 be exempt from the mandatory continuing education requirement upon the
50 filing of a statement with the department of state declaring such
51 status. Any licensee who returns to the public practice of dentistry
52 during the triennial registration period shall notify the department of
53 state prior to reentering the profession and shall meet such mandatory
54 continuing education requirements as shall be prescribed by regulation
55 of the secretary of state.
S. 1407 184 A. 2107
1 2. During each triennial registration period an applicant for regis-
2 tration shall complete a minimum of forty-five hours of acceptable
3 formal continuing education, a maximum of fifteen hours of which may be
4 self-instructional coursework as approved by the department of state.
5 Beginning with the first registration renewal period for any dentist
6 occurring on or after January first, two thousand two, and before the
7 occurrence of the second registration renewal period following that
8 date, a dentist shall have completed on a one-time basis, as part of the
9 forty-five hours of acceptable formal continuing education required by
10 this section, no fewer than two hours of coursework and training regard-
11 ing the chemical and related effects and usage of tobacco and tobacco
12 products and the recognition, diagnosis, and treatment of the oral
13 health effects, including but not limited to cancers and other diseases,
14 caused by tobacco and tobacco products, provided that any dentist who
15 provides written proof satisfactory to the department of state that the
16 dentist has completed, at any time subsequent to the effective date of
17 this section, an approved mandatory continuing education course of not
18 less than two hours in the same or substantially similar subject matter
19 shall be deemed to have met this requirement, and further provided that
20 dentists who are exempt from the mandatory continuing education require-
21 ment for the triennial registration period during which they are first
22 licensed shall also be exempt from this requirement for that period. A
23 licensee who has not satisfied the mandatory continuing education
24 requirements shall not be issued a triennial registration certificate by
25 the department of state and shall not practice unless and until a condi-
26 tional registration certificate is issued as provided in subdivision
27 three of this section. The individual licensee shall determine the
28 selection of courses or programs of study pursuant to subdivision four
29 of this section.
30 3. The department of state, in its discretion, may issue a conditional
31 registration to a licensee who fails to meet the continuing education
32 requirements established in subdivision two of this section but who
33 agrees to make up any deficiencies and take any additional education
34 which the department may require. The fee for such a conditional regis-
35 tration shall be the same as, and in addition to, the fee for the trien-
36 nial registration. The duration of such conditional registration shall
37 be determined by the department of state. Any licensee who is notified
38 of the denial of registration for failure to submit evidence, satisfac-
39 tory to the department of state, of completion of required continuing
40 education and who practices dentistry without such registration, may be
41 subject to disciplinary proceedings pursuant to section nine hundred
42 forty-four of this article.
43 4. As used in this section, "acceptable formal continuing education"
44 shall mean formal programs of learning which contribute to professional
45 practice and which meet the standards prescribed by regulations of the
46 secretary of state. To fulfill the mandatory continuing education
47 requirement, programs must be taken from sponsors having at least one
48 full-time employee and the facilities, equipment, and financial and
49 physical resources to provide continuing education courses, approved by
50 the department of state, pursuant to the regulations of the secretary of
51 state.
52 5. The mandatory continuing education fee shall be forty-five dollars,
53 shall be payable on or before the first day of each triennial registra-
54 tion period, and shall be paid in addition to the triennial registration
55 fee required by section one thousand two hundred four of this subarti-
56 cle.
S. 1407 185 A. 2107
1 § 1206. Limited permits. 1. On recommendation of the state board for
2 dentistry, the department of state may issue a limited permit to a grad-
3 uate of a dental college who meets the educational qualifications for
4 admission to the licensing examination in dentistry for employment in a
5 hospital or dental facility approved by an appropriate agency, while
6 under the direction or supervision of a licensed dentist. No such permit
7 shall be issued or renewed unless such graduate has a bona fide offer of
8 a position in such a hospital or dental facility.
9 2. On recommendation of the state board for dentistry, the department
10 of state may issue a limited permit for instructing in dentistry to a
11 dentist not licensed under this subarticle to be employed by a regis-
12 tered school of dentistry or dental hygiene to instruct and supervise
13 clinical dentistry or dental hygiene for students in such a registered
14 school in the state, and in so doing to practice dentistry as defined in
15 this subarticle, but only on the premises of such registered school or
16 such other premises as may be used for instruction in the program of
17 education conducted by such institution. No person shall be permitted or
18 authorized to instruct and supervise clinical dentistry for students
19 unless such person is licensed in this state or holds the foregoing
20 limited permit for instructing in dentistry.
21 3. The holder of a limited permit under this section may practice
22 dentistry, as defined in this subarticle, but only in the performance of
23 duties required by the position for which the limited permit is issued.
24 Nothing in this section shall be construed to authorize such unlicensed
25 dentist to engage in the private practice of dentistry.
26 4. A limited permit under this section shall be valid for one year or
27 until ten days after notification of denial of an application for
28 license. A limited permit may be renewed for one year, except if the
29 applicant is serving in a residency program in a hospital or school of
30 dentistry in this state. A limited permit may be renewed annually for
31 the duration of such residency program. The fee for each limited permit
32 and for each renewal shall be one hundred five dollars.
33 § 1207. Dental anesthesia certificate. 1. A licensed dentist shall not
34 employ conscious sedation, deep sedation or general anesthesia in the
35 practice of dentistry, at any location other than a general hospital,
36 without a dental anesthesia certificate issued by the department of
37 state.
38 2. The secretary of state shall promulgate regulations, establishing
39 standards and procedures for the issuance of certificates. Such stand-
40 ards shall require completion of an educational program and/or course of
41 training or experience sufficient to ensure that a dentist is specif-
42 ically trained in the use and administration of conscious sedation, deep
43 sedation or general anesthesia and in the possible effects of such use,
44 and in the recognition of and response to possible emergency situations.
45 Such regulations may also establish standards and safeguards for the use
46 of conscious sedation, deep sedation or general anesthesia.
47 3. Nothing in this section shall limit a dentist's use of local anes-
48 thesia, a dentist's use of nitrous oxide, or a dentist's use of any
49 other substance or agent for a purpose other than achieving deep
50 sedation, conscious sedation, or general anesthesia.
51 4. The fee for a dental anesthesia certificate shall be one hundred
52 dollars and shall be paid on a triennial basis upon renewal of such
53 certificate. A certificate may be suspended or revoked in the same
54 manner as a license to practice dentistry.
55 § 1208. Dental hygiene restricted local infiltration
56 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist
S. 1407 186 A. 2107
1 shall not administer or monitor nitrous oxide analgesia or local infil-
2 tration anesthesia in the practice of dental hygiene without a dental
3 hygiene restricted local infiltration anesthesia/nitrous oxide analgesia
4 certificate and except under the personal supervision of a dentist and
5 in conjunction with the performance of dental hygiene procedures author-
6 ized by law and in accordance with regulations promulgated by the secre-
7 tary of state. Personal supervision, for purposes of this section,
8 means that the supervising dentist remains in the dental office where
9 the local infiltration anesthesia or nitrous oxide analgesia services
10 are being performed, personally authorizes and prescribes the use of
11 local infiltration anesthesia or nitrous oxide analgesia for the patient
12 and, before dismissal of the patient, personally examines the condition
13 of the patient after the use of local infiltration anesthesia or nitrous
14 oxide analgesia is completed. It is professional misconduct for a
15 dentist to fail to provide the supervision required by this section, and
16 any dentist found guilty of such misconduct under the procedures
17 prescribed in section nine hundred forty-four of this article shall be
18 subject to the penalties prescribed in section nine hundred forty-eight
19 of this article.
20 2. The secretary of state shall promulgate regulations establishing
21 standards and procedures for the issuance of such certificate. Such
22 standards shall require completion of an educational program and/or
23 course of training or experience sufficient to ensure that a dental
24 hygienist is specifically trained in the administration and monitoring
25 of nitrous oxide analgesia and local infiltration anesthesia, the possi-
26 ble effects of such use, and in the recognition of and response to
27 possible emergency situations.
28 3. The fee for a dental hygiene restricted local infiltration
29 anesthesia/nitrous oxide analgesia certificate shall be twenty-five
30 dollars and shall be paid on a triennial basis upon renewal of such
31 certificate. A certificate may be suspended or revoked in the same
32 manner as a license to practice dental hygiene.
33 § 1209. Definition of practice of dental hygiene. 1. The practice of
34 the profession of dental hygiene is defined as the performance of dental
35 services which shall include removing calcareous deposits, accretions
36 and stains from the exposed surfaces of the teeth which begin at the
37 epithelial attachment and applying topical agents indicated for a
38 complete dental prophylaxis, removing cement, placing or removing rubber
39 dam, removing sutures, placing matrix band, providing patient education,
40 applying topical medication, placing and exposing X-ray films, perform-
41 ing topical fluoride applications and topical anesthetic applications,
42 polishing teeth, taking medical history, charting caries, taking
43 impressions for study casts, placing and removing temporary restora-
44 tions, administering and monitoring nitrous oxide analgesia and adminis-
45 tering and monitoring local infiltration anesthesia, subject to certif-
46 ication in accordance with section twelve hundred eight of this
47 subarticle, and any other function in the definition of the practice of
48 dentistry as may be delegated by a licensed dentist in accordance with
49 regulations promulgated by the secretary of state. The practice of
50 dental hygiene may be conducted in the office of any licensed dentist or
51 in any appropriately equipped school or public institution but must be
52 done under the supervision of a licensed dentist.
53 2. The secretary of state shall promulgate regulations defining the
54 functions a dental hygienist may perform that are consistent with the
55 training and qualifications for a license as a dental hygienist.
S. 1407 187 A. 2107
1 § 1210. Practice of dental hygiene and use of title "dental hygien-
2 ist". Only a person licensed under section twelve hundred sixteen of
3 this subarticle or exempt shall practice dental hygiene or use the title
4 "dental hygienist".
5 § 1211. Definition of practice of certified dental assisting. The
6 practice of certified dental assisting is defined as providing support-
7 ive services to a dentist in his/her performance of dental services
8 authorized under this subarticle. Such support shall include providing
9 patient education, taking preliminary medical histories and vital signs
10 to be reviewed by the dentist, placing and removing rubber dams, select-
11 ing and prefitting provisional crowns, selecting and prefitting ortho-
12 dontic bands, removing orthodontic arch wires and ligature ties, placing
13 and removing matrix bands, taking impressions for study casts or diag-
14 nostic casts, removing periodontal dressings, and such other dental
15 supportive services authorized in regulations promulgated by the secre-
16 tary of state, provided that such functions are performed under the
17 direct personal supervision of a licensed dentist in the course of the
18 performance of dental services. The practice of certified dental assist-
19 ing may be conducted in the office of any licensed dentist or in any
20 appropriately equipped school or public institution but must be done
21 under the direct personal supervision of a licensed dentist. Direct
22 personal supervision, for purposes of this section, means supervision of
23 dental procedures based on instructions given by a licensed dentist in
24 the course of a procedure who remains in the dental office where the
25 supportive services are being performed, personally diagnoses the condi-
26 tion to be treated, personally authorizes the procedures, and before
27 dismissal of the patient, evaluates the services performed by the dental
28 assistant. Nothing herein authorizes a dental assistant to perform any
29 of the services or functions defined as part of the practice of dental
30 hygiene in accordance with the provisions of subdivision one of section
31 twelve hundred nine of this subarticle, except those functions author-
32 ized pursuant to this section. All dental supportive services provided
33 in this section may be performed by currently registered dental hygien-
34 ists under a dentist's supervision, as defined in regulations of the
35 secretary of state.
36 § 1212. Practice of certified dental assisting and use of title
37 "certified dental assistant". Only a person certified under section
38 twelve hundred thirteen of this subarticle or exempt pursuant to section
39 twelve hundred eighteen of this subarticle shall practice certified
40 dental assisting. Only a person certified pursuant to section twelve
41 hundred thirteen of this subarticle shall use the title "certified
42 dental assistant".
43 § 1213. Requirements for certification as a certified dental assist-
44 ant. To qualify for certification as a certified dental assistant, an
45 applicant shall fulfill the following requirements:
46 (1) Application: file an application with the department of state;
47 (2) Age: be at least seventeen years of age;
48 (3) Fees: pay a fee of forty-five dollars to the department of state
49 for initial certification and a fee of fifty dollars for each triennial
50 registration period;
51 (4) Education and experience: (A) have received a high school diploma,
52 or its equivalent, and (B) have successfully completed, in accordance
53 with the regulations of the secretary of state, (i) an approved one-year
54 course of study in dental assisting in a degree-granting institution or
55 a board of cooperative educational services program which includes at
56 least two hundred hours of clinical experience, or an equivalent
S. 1407 188 A. 2107
1 approved course of study in dental assisting in a non-degree granting
2 institution or (ii) an alternate course of study in dental assisting
3 acceptable to the department of state which includes at least one thou-
4 sand hours of relevant work experience; and
5 (5) Examination: pass an examination given by an organization which
6 administers examinations for certifying dental assistants and which is
7 acceptable to the department of state.
8 § 1214. Exempt persons. Nothing in this subarticle shall be construed
9 to affect or prevent a student from engaging in any procedure authorized
10 under section twelve hundred eleven of this subarticle in clinical prac-
11 tice as part of a course of study approved by the department of state
12 pursuant to subdivision four of section twelve hundred thirteen of this
13 subarticle.
14 § 1215. Limited permits. The department of state shall issue a limit-
15 ed permit to an applicant who meets all requirements for admission to
16 the licensing examination. All practice under a limited permit shall be
17 under the direct personal supervision of a licensed dentist. Limited
18 permits shall be for one year and may be renewed at the discretion of
19 the department of state for one additional year. The fee for each limit-
20 ed permit and for each renewal shall be forty dollars.
21 § 1216. Requirements for a license as a dental hygienist. To qualify
22 for a license as a dental hygienist, an applicant shall fulfill the
23 following requirements:
24 (1) Application: file an application with the department of state;
25 (2) Education: have received an education, including high school grad-
26 uation and completion of a program in dental hygiene, in accordance with
27 the regulations of the secretary of state;
28 (3) Experience: have experience satisfactory to the state board for
29 dentistry and in accordance with the regulations of the secretary of
30 state;
31 (4) Examination: pass an examination satisfactory to the state board
32 for dentistry and in accordance with the regulations of the secretary of
33 state;
34 (5) Age: be at least seventeen years of age;
35 (6) Citizenship or immigration status: be a United States citizen or
36 an alien lawfully admitted for permanent residence in the United States;
37 provided, however, that the secretary of state may grant a three year
38 waiver for an alien to practice in an area which has been designated a
39 federal dental health professions shortage area, except that the secre-
40 tary of state may grant an additional extension not to exceed six years
41 to an alien to enable him or her to secure citizenship or permanent
42 resident status, provided such status is being actively pursued;
43 (7) Character: be of good moral character as determined by the depart-
44 ment of state; and
45 (8) Fees: pay a fee of one hundred fifteen dollars to the department
46 of state for admission to a department conducted examination and for an
47 initial license, a fee of fifty dollars for each reexamination, a fee of
48 seventy dollars for an initial license for persons not requiring admis-
49 sion to a department conducted examination, and a fee of fifty dollars
50 for each triennial registration period.
51 § 1217. Mandatory continuing education for dental hygienists. 1. (a)
52 Each dental hygienist, licensed pursuant to this subarticle and required
53 to register triennially with the department of state to practice in this
54 state shall comply with the provisions of the mandatory continuing
55 education requirements, except as set forth in paragraphs (b) and (c) of
56 this subdivision. Dental hygienists who do not satisfy the mandatory
S. 1407 189 A. 2107
1 continuing education requirements shall not practice until they have met
2 such requirements and have been issued a registration or conditional
3 registration certificate.
4 (b) Dental hygienists shall be exempt from the mandatory continuing
5 education requirement for the triennial registration period during which
6 they are first licensed. In accordance with the intent of this section,
7 adjustments to the mandatory continuing education requirement may be
8 granted by the department for reasons of health, certified by a physi-
9 cian, for extended active duty with the Armed Forces of the United
10 States, or for other good cause acceptable to the department which may
11 prevent compliance.
12 (c) A licensed dental hygienist not engaged in the practice of dental
13 hygiene shall be exempt from the mandatory continuing education require-
14 ment upon the filing of a statement with the department of state declar-
15 ing such status. Any licensee who returns to the practice of dental
16 hygiene during the triennial registration period shall notify the
17 department of state prior to reentering the profession and shall meet
18 such mandatory continuing education requirements as shall be prescribed
19 by regulation of the secretary of state.
20 2. During each triennial registration period an applicant for regis-
21 tration shall complete a minimum of twenty-four hours of acceptable
22 formal continuing education including currently mandated child abuse
23 reporting instruction and infection control training as approved by the
24 department of state. Of these twenty-four hours a maximum of ten hours
25 may be self-instructional coursework as approved by the department of
26 state. A licensee who has not satisfied the mandatory continuing educa-
27 tion requirements shall not be issued a triennial registration certif-
28 icate by the department of state and shall not practice unless and until
29 a conditional registration certificate is issued as provided in subdivi-
30 sion three of this section. The individual licensee shall determine the
31 selection of courses or programs of study pursuant to subdivision four
32 of this section.
33 3. The department of state, in its discretion, may issue a conditional
34 registration to a licensee who fails to meet the continuing education
35 requirements established in subdivision two of this section but who
36 agrees to make up any deficiencies and take any additional education
37 which the department of state may require. The fee for such a condi-
38 tional registration shall be the same as, and in addition to, the fee
39 for the triennial registration. The duration of such conditional regis-
40 tration shall be determined by the department of state. Any licensee
41 who is notified of the denial of registration for failure to submit
42 evidence, satisfactory to the department of state, of completion of
43 required continuing education and who practices dental hygiene without
44 such registration, may be subject to disciplinary proceedings pursuant
45 to section nine hundred forty-four of this article.
46 4. As used in this section, "acceptable formal continuing education"
47 shall mean formal programs of learning which contribute to professional
48 practice and which meet the standards prescribed by regulations of the
49 secretary of state. To fulfill the mandatory continuing education
50 requirement, programs must be taken from sponsors approved by the
51 department of state, pursuant to the regulations of the secretary of
52 state.
53 5. The mandatory continuing education fee of thirty dollars shall be
54 payable on or before the first day of each triennial registration peri-
55 od, and shall be paid in addition to the triennial registration fee
56 required by section twelve hundred sixteen of this subarticle.
S. 1407 190 A. 2107
1 § 1218. Exempt persons. Nothing in this subarticle shall be
2 construed to affect or prevent:
3 1. An unlicensed person from performing solely mechanical work upon
4 inert matter in a dental office or on a dental laboratory prescription
5 of a dentist holding a license or limited permit;
6 2. A student from engaging in clinical practice as part of a regis-
7 tered program operated by a school of dentistry under supervision of a
8 dentist holding a license or limited permit for instructing in dentistry
9 in a school of dentistry:
10 3. A student from engaging in any procedure authorized under section
11 twelve hundred nine of this subarticle in clinical practice as part of a
12 registered program in dental hygiene under supervision of a dentist
13 holding a license or a limited permit for instructing in dentistry in a
14 school of dental hygiene;
15 4. An employee of a federal agency from using the title of and prac-
16 ticing as a dentist or dental hygienist insofar as such activities are
17 required by his salaried position;
18 5. A dentist or a dental hygienist licensed in some other state or
19 country from making a teaching clinical demonstration before a regularly
20 organized dental or medical society or group, or from meeting licensed
21 dentists in this state for consultation, provided such activities are
22 limited to such demonstration or consultation.
23 6. A dentist licensed in another state or country who is employed on a
24 full-time basis by a registered dental school as a faculty member with
25 the rank of assistant professor or higher from conducting research and
26 clinical demonstrations as a part of such employment, under the super-
27 vision of a licensed dentist and on the premises of the school. No fee
28 may be charged for the practice of dentistry authorized by this subdivi-
29 sion.
30 7. A dentist licensed in another state or country who is visiting an
31 approved dental school to receive dental instruction for a period not to
32 exceed ninety days from engaging in clinical practice, provided such
33 practice is limited to such instruction and is under the direct super-
34 vision of a licensed dentist.
35 8. Any student matriculated in an accredited dental school located
36 outside New York state from engaging in appropriately supervised clin-
37 ical practice as part of the school's dental program in a teaching
38 hospital which has a teaching affiliation agreement with the student's
39 dental school.
40 § 1219. Special provisions. 1. Except upon the written dental labora-
41 tory prescription of a licensed dentist and except by the use of
42 impressions or casts made by a licensed dentist, no dental laboratory
43 shall furnish, supply, construct, reproduce, place, adjust, or repair
44 any dental prosthesis, device, or appliance. A dental laboratory
45 prescription shall be made out in duplicate. It shall contain such data
46 as may be prescribed by the regulations of the secretary of state. One
47 copy shall be retained by the practitioner of dentistry for a period of
48 one year. The other copy shall be issued to the person, firm or corpo-
49 ration engaged in filling dental laboratory prescriptions, who or which
50 shall each retain and file in their respective offices or places of
51 business their respective copies for a period of one year.
52 2. The department of state is empowered to inspect and to have access
53 to all places, including the office or offices of a licensed dentist,
54 where copies of dental laboratory prescriptions issued by him or her are
55 retained as required by this section, and to all places where dental
56 laboratory prescriptions are filled or to any workroom or workrooms in
S. 1407 191 A. 2107
1 which prosthetic restorations, prosthetic dentures, bridges, orthodontic
2 or other appliances or structures to be used as substitutes for natural
3 teeth or tissue or for the correction of malocclusion or deformities are
4 made, repaired or altered, with power to subpoena and examine records of
5 dental laboratory prescriptions. A person who fails to grant access to
6 such places or who fails to maintain prescriptions as required by this
7 section shall be guilty of a class A misdemeanor.
8 3. The department of state may arrange for the conduct of clinical
9 examinations in the clinic of any school of dentistry or dental hygiene
10 within or outside the state for dental or dental hygiene candidates.
11 4. A not-for-profit dental or medical expense indemnity corporation or
12 hospital service corporation organized under the insurance law or pursu-
13 ant to special legislation may enter into contracts with dentists or
14 partnerships of dentists to provide dental care on its behalf for
15 persons insured under its contracts or policies.
16 5. Legally incorporated dental corporations existing and in operation
17 prior to January first, nineteen hundred sixteen, may continue to oper-
18 ate through licensed dentists while conforming to the provisions of this
19 subarticle. Any such corporation which shall be dissolved or cease to
20 exist or operate for any reason whatsoever shall not be permitted to
21 resume operations. No such corporation shall change its name or sell its
22 franchise or transfer its corporate rights directly or indirectly, by
23 transfer of capital stock control or otherwise, to any person or to
24 another corporation without permission from the department of state, and
25 any corporation so changing its name or so transferring its franchise or
26 corporate rights without such permission shall be deemed to have
27 forfeited its rights to exist and may be dissolved by an action brought
28 by the attorney general.
29 6. Notwithstanding any inconsistent provision of any general, special
30 or local law, any licensed dentist who voluntarily and without the
31 expectation of monetary compensation renders first aid or emergency
32 treatment at the scene of an accident or other emergency, outside of a
33 hospital or any other place having proper and necessary medical equip-
34 ment, to a person who is unconscious, ill or injured shall not be liable
35 for damages for injuries alleged to have been sustained by such person
36 or for damages for the death of such person alleged to have occurred by
37 reason of an act or omission in the rendering of such first aid or emer-
38 gency treatment unless it is established that such injuries were or such
39 death was caused by gross negligence on the part of such dentist. Noth-
40 ing in this subdivision shall be deemed or construed to relieve a
41 licensed dentist from liability for damages for injuries or death caused
42 by an act or omission on the part of a dentist while rendering profes-
43 sional services in the normal and ordinary course of practice.
44 7. Any dentist or dental hygienist, who in the performance of dental
45 services, x-rays the mouth or teeth of a patient shall during the
46 performance of such x-rays shield the torso area of such patient includ-
47 ing but not limited to the gonads and other reproductive organs with a
48 lead apron or other similar protective garment or device.
49 8. An unlicensed person may provide supportive services to a dentist
50 incidental to and concurrent with such dentist personally performing a
51 service or procedure. Nothing in this subdivision shall be construed to
52 allow an unlicensed person to provide any service which constitutes the
53 practice of dentistry or dental hygiene as defined in this subarticle.
54 9. There shall be no monetary liability on the part of, and no cause
55 of action for damages shall arise against, any person, partnership,
56 corporation, firm, society, or other entity on account of the communi-
S. 1407 192 A. 2107
1 cation of information in the possession of such person or entity, or on
2 account of any recommendation or evaluation, regarding the qualifica-
3 tions, fitness, or professional conduct or practices of a dentist, to
4 any governmental agency, dental or specialists society, or hospital as
5 defined in article twenty-eight of the public health law. The foregoing
6 shall not apply to information which is untrue and communicated with
7 malicious intent.
8 § 1220. Identification of removable full or partial prosthetic
9 devices. 1. Except as provided herein, every dentist licensed in this
10 state making or directing to be made a removable prosthetic denture,
11 bridge, appliance or other structure to be used and worn as a substitute
12 for natural teeth, shall offer to the patient for whom the prosthesis is
13 intended the opportunity to have such prosthesis marked with the
14 patient's name or initials. Such markings shall be accomplished at the
15 time the prosthesis is made and the location and methods used to apply
16 or implant them shall be determined by the dentist or the person acting
17 on behalf of the dentist. Such marking shall be permanent, legible and
18 cosmetically acceptable.
19 2. Notwithstanding the foregoing, if in the judgment of the dentist or
20 the person making the prosthesis, such identification is not practicable
21 or clinically safe, the identification marks may be omitted entirely.
22 3. The secretary of state shall adopt rules and regulations and
23 provide standards necessary to carry out the provisions of this section.
24 § 1221. Nitrous oxide equipment. Any machine used in a dental office
25 for the administration of nitrous oxide to a patient shall be equipped
26 with a scavenging system that appropriately minimizes leakage of nitrous
27 oxide.
28 SUBARTICLE 5
29 VETERINARY MEDICINE AND ANIMAL HEALTH TECHNOLOGY
30 Section 1250. Introduction.
31 1251. Definition of practice of veterinary medicine.
32 1252. Practice of veterinary medicine and use of title "veter-
33 inarian".
34 1253. State board for veterinary medicine.
35 1254. Requirements for a professional license as a veterinari-
36 an.
37 1255. Exempt persons.
38 1256. Emergency veterinarian service; limited liability.
39 1257. Corporate practice.
40 1258. Limited permits to engage in the practice of veterinary
41 medicine.
42 1259. Definition of practice of veterinary technology.
43 1260. Practice of veterinary technology and use of title
44 "veterinary technician".
45 1261. Requirements for a professional license as a veterinary
46 technician.
47 1262. Limited permits to engage in the practice of veterinary
48 technology.
49 1263. Exempt persons.
50 1264. Special provisions.
51 1265. Treatment records.
52 § 1250. Introduction. This subarticle applies to the profession of
53 veterinary medicine and veterinary technology. The general provisions
S. 1407 193 A. 2107
1 for all professions contained in subarticle one of this article apply to
2 this subarticle.
3 § 1251. Definition of practice of veterinary medicine. The practice
4 of the profession of veterinary medicine is defined as diagnosing,
5 treating, operating, or prescribing for any animal disease, pain, inju-
6 ry, deformity or physical condition, or the subcutaneous insertion of a
7 microchip intended to be used to identify an animal. "Animal" includes
8 every living creature except a human being.
9 § 1252. Practice of veterinary medicine and use of title "veterinari-
10 an". 1. Only a person licensed or exempt under this subarticle shall
11 practice veterinary medicine or use the title "veterinarian".
12 2. A licensed veterinarian or a professional service corporation
13 organized for the practice of veterinary medicine may employ veterinary
14 technicians to assist them in the practice of their profession in such
15 capacities as are prescribed by law and as from time to time may be set
16 by the commissioner or the state board of veterinary medicine. A veteri-
17 narian or professional service corporation may not employ veterinary
18 technicians in a ratio exceeding three technicians per supervising
19 licensed veterinarian. Nothing in this section shall be construed as
20 prohibiting a veterinarian from employing unlicensed lay persons for the
21 performance of non-technical duties.
22 § 1253. State board for veterinary medicine. A state board for veter-
23 inary medicine shall be appointed by the secretary of state for the
24 purpose of assisting the secretary of state and the department of state
25 on matters of professional licensing and professional conduct in accord-
26 ance with section nine hundred twenty-two of this article. The board
27 shall be composed of not less than seven veterinarians licensed in the
28 state and not more than two veterinary technicians licensed in the
29 state. An executive secretary to the board shall be appointed by the
30 secretary of state. The participation of the licensed veterinary tech-
31 nicians shall be limited to issues concerning the licensure of veteri-
32 nary technology including but not limited to qualifications, employment,
33 scope of practice, and discipline.
34 § 1254. Requirements for a professional license as a veterinarian. To
35 qualify for a license as a veterinarian, an applicant shall fulfill the
36 following requirements:
37 (1) Application: file an application with the department of state;
38 (2) Education: have received an education, including a doctoral degree
39 in veterinary medicine, in accordance with the regulations of the secre-
40 tary of state;
41 (3) Experience: have experience satisfactory to the state board of
42 veterinary medicine and in accordance with the regulations of the secre-
43 tary of state;
44 (4) Examination: pass an examination satisfactory to the state board
45 of veterinary medicine and in accordance with the regulations of the
46 secretary of state;
47 (5) Age: be at least twenty-one years of age;
48 (6) Citizenship or immigration status: be a United States citizen or
49 an alien lawfully admitted for permanent residence in the United States;
50 provided, however that the secretary of state may grant a one-time
51 three-year waiver for a veterinarian who otherwise meets the require-
52 ments of this subarticle and provided further that the secretary of
53 state may grant an extension of such three-year waiver of not more than
54 one year;
55 (7) Character: be of good moral character as determined by the depart-
56 ment of state; and
S. 1407 194 A. 2107
1 (8) Fees: pay a fee of two hundred sixty dollars to the department of
2 state for admission to a department conducted examination and for an
3 initial license, a fee of one hundred thirty-five dollars for each reex-
4 amination, a fee of one hundred thirty dollars for an initial license
5 for persons not requiring admission to a department conducted examina-
6 tion, and a fee of two hundred ten dollars for each triennial registra-
7 tion period.
8 § 1255. Exempt persons. The following persons under the following
9 limitations may practice veterinary medicine within the state without a
10 license:
11 1. Any commissioned veterinary medical officer serving in the United
12 States armed forces or in the United States Agricultural Research
13 Service while so commissioned, provided such practice is limited to such
14 service;
15 2. Any person rendering gratuitous services in cases of emergency;
16 3. Any veterinarian who is licensed in another state or country and
17 who is meeting a veterinarian licensed in this state for purposes of
18 consultation provided such practice is limited to such consultation;
19 4. Any veterinarian who is licensed in a bordering state and who
20 resides near a border of this state, provided such practice is limited
21 in this state to the vicinity of such border and provided such veterina-
22 rian does not maintain an office or place to meet patients or receive
23 calls within this state;
24 5. Any intern or resident who practices veterinary medicine in any
25 college in this state offering a program in veterinary medicine regis-
26 tered by the department of state, and who is a graduate of a school of
27 veterinary medicine accredited in any state or country, provided such
28 practice is limited to such duties as intern or resident and is under
29 the supervision of a licensed or otherwise authorized veterinarian.
30 6. Any faculty member who is a graduate of a school of veterinary
31 medicine accredited in any state or country and whose practice of veter-
32 inary medicine is incidental to his or her course of instruction while
33 serving as a faculty member in a veterinary college offering a program
34 registered by the department of state;
35 7. Any student who engages in clinical practice under supervision of a
36 licensed or otherwise authorized veterinarian in a school of veterinary
37 medicine in this state registered by the department of state.
38 8. Any dentist duly licensed in this state who provides dental care to
39 an animal at the request and under the immediate personal supervision of
40 a licensed veterinarian.
41 9. Any student enrolled and in good standing in a school of veterinary
42 medicine approved by the commissioner, who practices under the general
43 supervision of a veterinarian licensed and registered under this subar-
44 ticle; provided however, that only such students who have completed at
45 least two and one-half years in an approved veterinary program and
46 completed all core didactic training may assist in diagnosis, treatment
47 and surgery in such practice, subject to the following requirements: (a)
48 assisting in diagnosis and surgery be under the immediate personal
49 supervision of such veterinarian; (b) assisting in treatment be under
50 the direct supervision of such veterinarian; and (c) only one such
51 student shall be supervised, as specified in paragraphs (a) and (b) of
52 this subdivision, by one such veterinarian.
53 10. Any employee of a not-for-profit pound, shelter, duly incorporated
54 society for the prevention of cruelty to animals, humane society or dog
55 or cat protective association may insert a microchip for the purposes of
S. 1407 195 A. 2107
1 identification of any animal being held for adoption by such organiza-
2 tion.
3 11. A veterinary graduate of an approved program engaging in clinical
4 practice under the supervision, but not necessarily direct personal
5 supervision, of a licensed veterinarian, provided the graduate has
6 passed the required state licensing examination and applied and paid a
7 fee for the licensing. This exemption shall not extend beyond sixty days
8 after graduation.
9 § 1256. Emergency veterinarian service; limited liability. Notwith-
10 standing any inconsistent provision of any general, special or local
11 law, any licensed veterinarian who voluntarily, and without the expec-
12 tation of monetary compensation, renders first aid or emergency treat-
13 ment to an animal that is ill or injured at the scene of an accident or
14 other emergency, outside of an animal hospital, clinic, veterinarian's
15 office or other place having proper and necessary equipment for the
16 practice of veterinary medicine, shall not be liable for damages for
17 injuries alleged to have been sustained by such animal or for damages
18 for the death of such animal alleged to have occurred by reason of an
19 act or omission in the rendering of such first aid or emergency treat-
20 ment unless it is established that such injuries were or such death was
21 caused by gross negligence on the part of such veterinarian. Nothing in
22 this section shall be deemed or construed to relieve a licensed veteri-
23 narian from liability for damages for injuries or death caused by an act
24 or omission on the part of a veterinarian while rendering professional
25 services in the normal and ordinary course of his or her business.
26 § 1257. Corporate practice. 1. No business corporation, other than a
27 professional service corporation organized under the business corpo-
28 ration law, shall hereafter be organized for the practice of veterinary
29 medicine; no business corporation, other than a professional service
30 corporation, hereafter organized shall be granted a license to practice
31 veterinary medicine; and no business corporation, other than a profes-
32 sional service corporation, hereafter organized shall provide veterinary
33 medical services.
34 2. Any not-for-profit corporation may own property in connection with
35 an animal hospital or shelter provided that all veterinary practice
36 conducted in such facilities shall be performed by a veterinarian
37 licensed and registered under this subarticle.
38 § 1258. Limited permits to engage in the practice of veterinary medi-
39 cine. Permits limited as to eligibility, practice, and duration, shall
40 be issued by the department of state to eligible applicants as follows:
41 1. Eligibility. The following persons shall be eligible for a limited
42 permit:
43 (1) A person who fulfills all requirements for a license as a veteri-
44 narian except those relating to the examination and citizenship or
45 permanent residence in the United States;
46 (2) A foreign veterinarian who is in this country on a non-immigration
47 visa for the continuation of veterinary medical study in a college of
48 veterinary medicine.
49 2. Limit of practice. A permittee shall be authorized to practice
50 veterinary medicine only under the supervision of a licensed veterinari-
51 an in accordance with regulations of the secretary of state. A licensed
52 veterinarian shall supervise one permittee.
53 3. Duration. A limited permit issued pursuant to paragraph one of
54 subdivision one of this section shall be valid for one year or until the
55 individual has had the opportunity to take the state veterinarian
56 licensing examination and receive the results of this examination,
S. 1407 196 A. 2107
1 whichever shall occur first. It may be renewed once at the discretion of
2 the department of state if the permit holder has not had a reasonable
3 opportunity to take the state veterinarian licensing examination during
4 the period for which such limited permit was originally issued. A limit-
5 ed permit may also be issued or extended for not more than one year to
6 afford an applicant or permit holder a second opportunity to successful-
7 ly complete such examination if such applicant or permit holder has
8 successfully completed the written subjects and all except one of the
9 practical subjects of such examination. A limited permit issued pursuant
10 to paragraph two of subdivision one of this section shall be valid for
11 one year, and may be renewed at the discretion of the department of
12 state so long as the permit holder is a bona fide student at a college
13 of veterinary medicine, in this state.
14 4. Fees. The fee for each limited permit and for each renewal shall be
15 one hundred five dollars.
16 § 1259. Definition of practice of veterinary technology. 1. The prac-
17 tice of the profession of veterinary technology is defined as the
18 performance of services within the field of veterinary medicine by a
19 person who, for compensation or personal profit, is employed by or under
20 the supervision of a veterinarian to perform such duties as are required
21 in carrying out medical orders as prescribed by a licensed veterinarian
22 requiring an understanding of veterinary science, but not requiring
23 professional service as set forth in section twelve hundred fifty-one of
24 this subarticle.
25 2. The secretary of state shall promulgate regulations defining the
26 functions a veterinary technician may perform that are consistent with
27 the training and qualifications for a license as a veterinary techni-
28 cian. The secretary of state may further require that a licensee may
29 practice within an area of specialization only upon the successful
30 completion of an examination established for the purpose of establishing
31 competence in a specific area of practice in the field of veterinary
32 technology.
33 § 1260. Practice of veterinary technology and use of title "veterinary
34 technician". Only a person licensed under sections twelve hundred
35 sixty-one and twelve hundred sixty-two of this subarticle or exempted
36 from its provisions by section twelve hundred sixty-three of this subar-
37 ticle shall practice veterinary technology or use the title "veterinary
38 technician".
39 § 1261. Requirements for a professional license as a veterinary tech-
40 nician. To qualify for licensure as a veterinary technician, an appli-
41 cant shall fulfill the following requirements:
42 1. Application: file an application with the department of state;
43 2. Education: have successfully completed a four-year course of study
44 in a secondary school approved by the secretary of state;
45 3. Have completed a college-level course of study in, and hold a
46 diploma from a school of veterinary science technology for the training
47 of animal health technicians, giving a course of not less than eighteen
48 months, registered by the department of state as maintaining at the
49 time, a satisfactory standard, or has completed a college-level course
50 of study determined by the department of state to be the equivalent
51 thereof;
52 4. Examination: pass an examination satisfactory to the board and in
53 accordance with the regulations of the secretary of state;
54 5. Citizenship or immigration status: be a United States citizen or an
55 alien lawfully admitted for permanent residence in the United States;
56 provided, however that the secretary of state may grant a one-time
S. 1407 197 A. 2107
1 three-year waiver for an animal health technician who otherwise meets
2 the requirements of this article and provided further that the secretary
3 of state may grant an extension of such three-year waiver of not more
4 than one year;
5 6. Character: be of good moral character as determined by the depart-
6 ment of state; and
7 7. Fees: pay a fee to the department of state for admission to the
8 examination and for initial licensure of eighty-five dollars, for each
9 reexamination forty-five dollars, and a fee of eighty dollars for each
10 triennial registration period.
11 § 1262. Limited permits to engage in the practice of veterinary tech-
12 nology. Permits limited as to eligibility, practice, and duration,
13 shall be issued by the department of state to eligible applicants as
14 follows:
15 1. Eligibility. Persons shall be eligible for a limited permit who
16 fulfill all requirements for a license as a veterinary technician except
17 those relating to the examination and citizenship or permanent residence
18 in the United States.
19 2. Duration. A limited permit issued pursuant to subdivision one of
20 this section shall be valid for one year or until the individual has had
21 the opportunity to take the state veterinary technician licensing exam-
22 ination and receive the results of this examination, whichever shall
23 occur first. It may be renewed once at the discretion of the department
24 of state if the permit holder has not had a reasonable opportunity to
25 take the state veterinary technician licensing examination during the
26 period for which such limited permit was originally issued.
27 3. Fees. The fee for each limited permit and for each renewal shall be
28 fifty dollars.
29 § 1263. Exempt persons. Nothing in this subarticle shall be construed
30 to affect or prevent the following persons under the following limita-
31 tions from practicing veterinary technology within the state without a
32 license:
33 1. Technicians in the performance of more technical procedures in a
34 research facility, on animals owned by that institution when such work
35 is under the direct supervision of a qualified professional;
36 2. Technicians in the military or naval service of the United States,
37 United States Department of Agriculture, the United States Veterans
38 Administration or the United States Public Health Service, in the prac-
39 tice of such technical procedures in obedience to the requirements of
40 the laws of the United States, while engaged in the performance of the
41 actual duties prescribed under the appropriate statutes of the United
42 States;
43 3. Any student engaging in clinical practice under the supervision of
44 a licensed veterinarian in pursuance of an approved program for the
45 training of veterinary technology.
46 § 1264. Special provisions. 1. An unlicensed person may provide
47 supportive services to a veterinarian, including but not limited to
48 administering oral or topical medications, incidental to and/or concur-
49 rent with such veterinarian personally performing a service or proce-
50 dure, provided such supportive services do not require a knowledge of
51 veterinary science.
52 2. A certified emergency medical technician may perform endotracheal
53 intubation on an animal under the immediate personal supervision of a
54 licensed veterinarian or a licensed veterinary technician acting under
55 the direct supervision of a veterinarian, in lieu of the licensed veter-
56 inarian personally performing the procedure, provided:
S. 1407 198 A. 2107
1 a. the emergency medical technician is enrolled in a course in
2 advanced emergency medical technology approved under article thirty of
3 the public health law in which pediatric endotracheal intubation train-
4 ing is included;
5 b. the procedure is performed as part of pediatric endotracheal intu-
6 bation training in that course, after didactic and manikin training in
7 human intubation, and instruction in animal anatomy and the proper meth-
8 od of animal intubation have been received;
9 c. the procedure is medically indicated as part of treating or operat-
10 ing for any non-emergency disease, pain, injury, deformity, or physical
11 condition of the animal;
12 d. the procedure is performed only when the animal is properly sedated
13 or anesthetized;
14 e. the procedure is performed no more than once per animal by no more
15 than one certified emergency medical technician;
16 f. the animal owner, or where such owner is unknown, the person having
17 lawful charge or custody of the animal, consents in writing to the
18 performance of the procedure by a person meeting the qualifications of
19 this subdivision; and
20 g. records kept by the commissioner of health on courses in advanced
21 emergency medical technology meeting the requirements of this subdivi-
22 sion indicate whether pediatric endotracheal intubation training
23 conducted in accordance with the provisions of this subdivision was part
24 of a course in advanced emergency medical technology; provided, however,
25 that this subdivision shall not be construed to require endotracheal
26 intubation on animals, and the commissioner of health shall have
27 discretion to determine whether endotracheal intubation training on
28 animals shall be required for accreditation of such courses or for
29 certification of advanced emergency medical technicians.
30 § 1265. Treatment records. Upon written request from the owner of an
31 animal which has received treatment from or under the supervision of a
32 veterinarian, such veterinarian shall provide to such owner within a
33 reasonable time period a copy of all records relating to the treatment
34 of such animal. For the purposes of this section, the term "records"
35 shall mean all information concerning or related to the examination or
36 treatment of the animal kept by the veterinarian in the course of his or
37 her practice. A veterinarian may impose a reasonable charge for provid-
38 ing copies of such records. A veterinarian may make available to the
39 owner either the original or a copy of such record or document including
40 x-rays, electrocardiograms and other diagnostic tests and may impose a
41 reasonable fee for the reproduction of such copies.
42 SUBARTICLE 6
43 PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
44 Section 1300. Introduction.
45 1301. Definition of physical therapy.
46 1302. Practice of physical therapy and the use of title "phys-
47 ical therapist".
48 1303. State board for physical therapy.
49 1304. Requirements for a professional license.
50 1305. Limited permits.
51 1306. Exempt persons.
52 1307. Non-liability of licensed physical therapists for first
53 aid or emergency treatment.
54 1308. Definition of physical therapist assistant.
S. 1407 199 A. 2107
1 1309. Duties of physical therapist assistants and the use of
2 title "physical therapist assistant".
3 1310. Requirements for certification as a physical therapist
4 assistant.
5 1311. Exemption.
6 1312. Limited permits.
7 1313. Validity of existing licenses.
8 § 1300. Introduction. This subarticle applies to the profession of
9 physical therapy and provides for the licensing of physical therapists
10 and for the certification of physical therapist assistants. The general
11 provisions for all professions contained in subarticle one of this arti-
12 cle apply to this subarticle.
13 § 1301. Definition of physical therapy. Physical therapy is defined
14 as:
15 a. The evaluation, treatment or prevention of disability, injury,
16 disease, or other condition of health using physical, chemical, and
17 mechanical means including, but not limited to heat, cold, light, air,
18 water, sound, electricity, massage, mobilization, and therapeutic exer-
19 cise with or without assistive devices, and the performance and inter-
20 pretation of tests and measurements to assess pathophysiological, patho-
21 mechanical, and developmental deficits of human systems to determine
22 treatment, and assist in diagnosis and prognosis.
23 b. The use of roentgen rays or radium, or the use of electricity for
24 surgical purposes such as cauterization shall not be included in the
25 practice of physical therapy.
26 c. Such treatment shall be rendered pursuant to a referral which may
27 be directive as to treatment by a licensed physician, dentist, podia-
28 trist or nurse practitioner and in accordance with their diagnosis.
29 § 1302. Practice of physical therapy and the use of title "physical
30 therapist". Only a person licensed or otherwise authorized under this
31 subarticle shall practice physical therapy or use the title "physical
32 therapist", "physiotherapist" or "mechanotherapist" or the abbreviation
33 of "P.T." in connection with his or her name or with any trade name in
34 the conduct of his or her profession.
35 § 1303. State board for physical therapy. A state board for physical
36 therapy shall be appointed by the secretary of state for the purpose of
37 assisting the secretary of state and the department of state on matters
38 of professional licensing and professional conduct in accordance with
39 section nine hundred twenty-two of this article. The board shall be
40 composed of not less than eight licensed physical therapists and not
41 less than one public representative. An executive secretary to the board
42 shall be appointed by the secretary of state.
43 § 1304. Requirements for a professional license. To qualify for a
44 license as a physical therapist, an applicant shall fulfill the follow-
45 ing requirements:
46 a. Application: file an application with the department of state;
47 b. Education: have received an education, including completion of a
48 four year college program in physical therapy, in accordance with the
49 regulations of the secretary of state, provided that such requirements
50 shall include a bachelor's, higher degree or equivalent in physical
51 therapy;
52 c. Experience: have experience satisfactory to the state board for
53 physical therapy in accordance with the regulations of the secretary of
54 state;
S. 1407 200 A. 2107
1 d. Examination: pass an examination satisfactory to the state board
2 for physical therapy and in accordance with the regulations of the
3 secretary of state;
4 e. Age: be at least eighteen years of age;
5 f. Character: be of good moral character as determined by the depart-
6 ment of state; and
7 g. Fees: pay a fee of one hundred seventy-five dollars to the depart-
8 ment of state for admission to a department conducted examination and
9 for an initial license; a fee of eighty-five dollars for each reexamina-
10 tion; a fee of one hundred fifteen dollars for an initial license for
11 persons not requiring admission to a department conducted examination;
12 and a fee of one hundred fifty-five dollars for each triennial registra-
13 tion period.
14 § 1305. Limited permits. a. The department of state shall issue a
15 limited permit to an applicant who meets all requirements for admission
16 to the licensing examination.
17 b. All practice under a limited permit shall be under the supervision
18 of a licensed physical therapist in a public hospital, an incorporated
19 hospital or clinic, a licensed proprietary hospital, a licensed nursing
20 home, a public health agency, a recognized public or non-public school
21 setting, the office of a licensed physical therapist, or in the civil
22 service of the state or political subdivision thereof.
23 c. Limited permits shall be for six months and the department of state
24 may for justifiable cause renew a limited permit provided that no appli-
25 cant shall practice under any limited permit for more than a total of
26 one year.
27 d. Supervision of a permittee by a licensed physical therapist shall
28 be on-site supervision and not necessarily direct personal supervision
29 except that such supervision need not be on-site when the supervising
30 physical therapist has determined, through evaluation, the setting of
31 goals and the establishment of a treatment plan, that the program is one
32 of maintenance as defined pursuant to title XVIII of the federal social
33 security act.
34 e. The fee for each limited permit and for each renewal shall be
35 seventy dollars.
36 § 1306. Exempt persons. a. This subarticle shall not be construed to
37 affect or prevent the administration of physical therapy or the use of
38 modalities by a person employed by a licensed physician or physical
39 therapist in his or her office, or in the civil service of the state or
40 any political subdivision thereof, or in a hospital or clinic, or in an
41 infirmary maintained by a person, firm or corporation employing one or
42 more full-time licensed physicians or physical therapists, provided that
43 such person was so employed for a period of at least two years prior to
44 April tenth, nineteen hundred fifty, and has been issued a written
45 authorization by the department of state.
46 b. This subarticle shall not be construed to affect or prevent:
47 (1) a physical therapy student from engaging in clinical practice
48 under the supervision of a licensed physical therapist as part of a
49 program conducted in an approved school of physical therapy or in a
50 clinical facility or health care agency affiliated with the school of
51 physical therapy and supervision of a physical therapy student by a
52 licensed physical therapist shall be on-site supervision and not neces-
53 sarily direct personal supervision;
54 (2) a physical therapist graduate of an approved program from engaging
55 in clinical practice under the on-site, but not necessarily direct
56 personal supervision of a licensed physical therapist provided the grad-
S. 1407 201 A. 2107
1 uate has: (a) applied and paid a fee for the licensing and examination,
2 (b) applied and paid a fee for the temporary permit. This exemption
3 shall not extend beyond ninety days after graduation;
4 (3) a physical therapist licensed in another state or country from
5 conducting a teaching clinical demonstration in connection with a
6 program of basic clinical education, graduate education, or post-gradu-
7 ate education in an approved school of physical therapy or in its affil-
8 iated clinical facility or health care agency, or before a group of
9 licensed physical therapists who are members of a professional society;
10 (4) a physical therapist who is serving in the armed forces or the
11 public health service of the United States or is employed by the veter-
12 ans administration from practicing the profession of physical therapy,
13 provided such practice is limited to such service or employment.
14 § 1307. Non-liability of licensed physical therapists for first aid
15 or emergency treatment. Notwithstanding any inconsistent provision of
16 any general, special or local law, any licensed physical therapist who
17 voluntarily and without the expectation of monetary compensation renders
18 first aid or emergency treatment at the scene of an accident or other
19 emergency, outside a hospital, doctor's office or any other place having
20 proper and necessary physical therapy equipment, to a person who is
21 unconscious, ill or injured, shall not be liable for damages for inju-
22 ries alleged to have been sustained by such person or for damages for
23 the death of such person alleged to have occurred by reason of an act or
24 omission in the rendering of such first aid or emergency treatment
25 unless it is established that such injuries were or such death was
26 caused by gross negligence on the part of such physical therapist.
27 Nothing in this section shall be deemed or construed to relieve a
28 licensed physical therapist from liability for damages for injuries or
29 death caused by an act or omission on the part of a physical therapist
30 while rendering professional services in the normal and ordinary course
31 of his or her practice.
32 § 1308. Definition of physical therapist assistant. a. A "physical
33 therapist assistant" means a person certified in accordance with this
34 subarticle who works under the supervision of a licensed physical thera-
35 pist performing such patient related activities as are assigned by the
36 supervising physical therapist. Duties of physical therapist assistants
37 shall not include evaluation, testing, interpretation, planning or
38 modification of patient programs. Supervision of a physical therapist
39 assistant by a licensed physical therapist shall be on-site supervision,
40 but not necessarily direct personal supervision. The number of physical
41 therapist assistants supervised by one licensed physical therapist shall
42 not exceed the ratio of four physical therapist assistants to one
43 licensed physical therapist as shall be determined by the regulations of
44 the secretary of state regulations insuring that there be adequate
45 supervision in the best interest of public health and safety. Nothing in
46 this section shall prohibit a hospital from employing physical therapist
47 assistants, provided they work under the supervision of physical thera-
48 pists designated by the hospital and not beyond the scope of practice of
49 a physical therapist assistant. The numerical limitation of this section
50 shall not apply to work performed in a hospital, provided that there be
51 adequate supervision in the best interest of public health and safety.
52 b. Notwithstanding the provisions of subdivision a of this section,
53 supervision of a physical therapist assistant by a licensed physical
54 therapist, (i) in a residential health care facility, as defined in
55 article twenty-eight of the public health law, (ii) in a diagnostic and
56 treatment center licensed under article twenty-eight of the public
S. 1407 202 A. 2107
1 health law that provides, as its principal mission, services to individ-
2 uals with developmental disabilities, (iii) in a facility, as defined in
3 section 1.03 of the mental hygiene law, or (iv) under a monitored
4 program of the office of mental retardation and developmental disabili-
5 ties as defined in subdivision (a) of section 13.15 of the mental
6 hygiene law, shall be continuous but not necessarily on site when the
7 supervising physical therapist has determined, through evaluation, the
8 setting of goals and the establishment of a treatment plan, that the
9 program is one of maintenance as defined pursuant to title XVIII of the
10 federal social security act. The provisions of this subdivision shall
11 not apply to the provision of physical therapy services when the condi-
12 tion requires multiple adjustments of sequences and procedures due to
13 rapidly changing physiological status and/or response to treatment, or
14 to children under five years of age.
15 c. For the purposes of the provision of physical therapist assistant
16 services in a home care services setting, as such services are defined
17 in article thirty-six of the public health law, except that the home
18 care services setting shall not include early intervention services as
19 defined in title two-A of article twenty-five of the public health law,
20 whether such services are provided by a home care services agency or
21 under the supervision of a physical therapist licensed pursuant to this
22 article, continuous supervision of a physical therapist assistant, who
23 has had direct clinical experience for a period of not less than two
24 years, by a licensed physical therapist shall not be construed as
25 requiring the physical presence of such licensed physical therapist at
26 the time and place where such services are performed. For purposes of
27 this subdivision "continuous supervision" shall be deemed to include:
28 (i) the licensed physical therapist's setting of goals, establishing a
29 plan of care and determining whether the patient is appropriate to
30 receive the services of a physical therapist assistant subject to the
31 licensed physical therapist's evaluation; (ii) an initial joint visit
32 with the patient by the supervising licensed physical therapist and the
33 physical therapist assistant; (iii) periodic treatment and evaluation of
34 the patient by the supervising licensed physical therapist, as indicated
35 in the plan of care and as determined in accordance with patient need,
36 but in no instance shall the interval between such treatment exceed
37 every six patient visits or thirty days, whichever occurs first; and
38 (iv) a final evaluation by the supervising licensed physical therapist
39 to determine if the plan of care shall be terminated. For purposes of
40 this subdivision, the number of physical therapist assistant's super-
41 vised in the home care services setting by a licensed physical therapist
42 shall not exceed the ratio of two physical therapist assistants to one
43 licensed physical therapist.
44 d. (1) For purposes of the provision of physical therapist assistant
45 services in public primary or private primary or secondary schools and
46 for preschool children, as that term is defined in paragraph i of subdi-
47 vision one of section forty-four hundred ten of the education law, and
48 receiving services thereunder, continuous supervision of a physical
49 therapist assistant, who has direct clinical experience providing age
50 appropriate physical therapy services for a period of not less than two
51 years, by a licensed physical therapist shall not be construed as
52 requiring the physical presence of such licensed physical therapist at
53 the time and place where such services are performed. For purposes of
54 this subdivision "continuous supervision" shall be deemed to include:
55 (i) the licensed physical therapist's setting of the goals, establish-
56 ing a plan of care, determining on an initial and ongoing basis whether
S. 1407 203 A. 2107
1 the patient is appropriate to receive the services of a physical thera-
2 pist assistant, determining the frequency of joint visits with the
3 patient by both the supervising licensed physical therapist and the
4 physical therapist assistant, except that in no instance shall the
5 interval, between joint visits, be more than every ninety calendar days,
6 subject to the licensed physical therapist's evaluation;
7 (ii) an initial joint visit with the patient by the supervising
8 licensed physical therapist and physical therapist assistant;
9 (iii) periodic treatment and evaluation of the patient by the super-
10 vising licensed physical therapist as indicated in the plan of care and
11 as determined in accordance with patient need, except that in no
12 instance shall the interval between such treatment exceed every twelfth
13 visit or thirty days which ever occurs first; and
14 (iv) notification of the supervising licensed physical therapist by
15 the physical therapist assistant whenever there is a change in status,
16 condition or performance of the patient.
17 (2) This subdivision shall not apply to the provision of physical
18 therapy services when a child's condition requires multiple adjustments
19 of sequences and procedures due to rapidly changing physiologic status
20 and/or response to treatment.
21 § 1309. Duties of physical therapist assistants and the use of title
22 "physical therapist assistant". Only a person certified or otherwise
23 authorized under this subarticle shall participate in the practice of
24 physical therapy as a physical therapist assistant and only a person
25 certified under this subarticle shall use the title "physical therapist
26 assistant".
27 § 1310. Requirements for certification as a physical therapist assist-
28 ant. a. Application: file an application with the department of state;
29 b. Education: have received an education including completion of a
30 two-year college program in a physical therapist assistant program or
31 equivalent in accordance with the regulations of the secretary of state;
32 c. Experience: have experience satisfactory to the state board for
33 physical therapy in accordance with the regulations of the secretary of
34 state;
35 c-1. Examination: pass an examination satisfactory to the state board
36 for physical therapy and in accordance with the regulations of the
37 secretary of state;
38 d. Age: be at least eighteen years of age;
39 e. Character: be of good moral character as determined by the depart-
40 ment of state;
41 f. Registration: all certified physical therapist assistants shall
42 register triennially with the department of state in accordance with the
43 regulations of the secretary of state;
44 g. Fees: pay a fee for an initial certificate of forty-five dollars,
45 and a fee of fifty dollars for each triennial registration period.
46 § 1311. Exemption. a. This subarticle shall not be construed to affect
47 or prevent a physical therapist assistant student from engaging in clin-
48 ical assisting under the supervision of a licensed physical therapist as
49 part of a program conducted in an approved program for physical thera-
50 pist assistants or in a clinical facility or health care agency affil-
51 iated with the program for physical therapist assistants.
52 b. Supervision of a physical therapist assistant student by a licensed
53 physical therapist shall be on-site supervision and not necessarily
54 direct personal supervision.
S. 1407 204 A. 2107
1 c. Nothing in this subarticle is intended to affect the overall
2 medical direction by a licensed physician of a physical therapist
3 assistant.
4 § 1312. Limited permits. a. The department of state shall issue a
5 limited permit to an applicant who meets all requirements for admission
6 to the certification examination.
7 b. All practice under a limited permit shall be under the supervision
8 of a licensed physical therapist in a public hospital, an incorporated
9 hospital or clinic, a licensed proprietary hospital, a licensed nursing
10 home, a public health agency, a recognized public or non-public school
11 setting, the office of a licensed physical therapist, or in the civil
12 service of the state or political subdivision thereof.
13 c. Limited permits shall be for six months and the department of state
14 may for justifiable cause renew a limited permit provided that no appli-
15 cant shall practice under any limited permit for more than a total of
16 one year.
17 d. Supervision of a permittee by a licensed physical therapist shall
18 be on-site supervision and not necessarily direct personal supervision.
19 e. The fee for each limited permit and for each renewal shall be fifty
20 dollars.
21 § 1313. Validity of existing licenses. This subarticle shall not be
22 construed to affect the validity of existing licenses and permits or the
23 continuation of any administrative actions or proceedings commenced
24 prior to the effective date of this subarticle.
25 SUBARTICLE 7
26 PHARMACY
27 Section 1350. Introduction.
28 1351. Definition of practice of pharmacy.
29 1352. Definitions.
30 1353. Practice of pharmacy and use of title "pharmacist".
31 1354. State board of pharmacy.
32 1355. Requirements for a professional license.
33 1356. Limited permits.
34 1357. Exempt persons; special provisions.
35 1358. Registering and operating establishments.
36 1359. Identification of pharmacists.
37 1359-a. Registration of nonresident establishments.
38 1360. Prescriptions.
39 1361. Misdemeanors.
40 1362. Certain drugs to be clearly marked or labeled.
41 1363. Door-to-door distribution of drugs prohibited.
42 1364. Special provisions.
43 1365. Seizure.
44 1366. Records of shipment.
45 1367. Adulterating, misbranding and substituting.
46 1368. Omitting to label drugs, or labeling them wrongly.
47 1369. When substitution is required.
48 1370. New drugs.
49 1371. Adulterated and misbranded cosmetics.
50 1372. Cosmetic samples.
51 1373. Regulations making exceptions.
52 1374. Certification of coal-tar colors for drugs and cosmet-
53 ics.
54 1375. Poison schedules; register.
S. 1407 205 A. 2107
1 1376. Examinations and investigations.
2 1377. Factory inspection.
3 1378. Injunction proceedings.
4 1379. Proof required in prosecution for certain violations.
5 1380. Drug retail price lists.
6 1381. Mandatory continuing education.
7 § 1350. Introduction. This subarticle applies to the profession of
8 pharmacy. The general provisions for all professions contained in
9 subarticle one of this article apply to this subarticle.
10 § 1351. Definition of practice of pharmacy. The practice of the
11 profession of pharmacy is defined as the preparing, compounding,
12 preserving, or the dispensing of drugs, medicines and therapeutic
13 devices on the basis of prescriptions or other legal authority.
14 § 1352. Definitions. 1. "Pharmacy" means any place in which drugs,
15 prescriptions or poisons are possessed for the purpose of compounding,
16 preserving, dispensing or retailing, or in which drugs, prescriptions or
17 poisons are compounded, preserved, dispensed or retailed, or in which
18 such drugs, prescriptions or poisons are by advertising or otherwise
19 offered for sale at retail.
20 2. "Formulary" means the latest edition of the official national
21 formulary, and its supplement.
22 3. "Pharmacopeia", when not otherwise limited, means the latest
23 edition of the official United States pharmacopeia, and its supplement.
24 4. "Homeopathic pharmacopeia" means the official homeopathic pharma-
25 copeia of the United States, and its supplement.
26 5. "Official compendium" means the official United States pharmacop-
27 eia, official homeopathic pharmacopeia of the United States, official
28 national formulary, or their supplements.
29 6. "Drugs" means:
30 a. Articles recognized in the official United States pharmacopeia,
31 official homeopathic pharmacopeia of the United States, or official
32 national formulary.
33 b. Articles intended for use in the diagnosis, cure, mitigation,
34 treatment or prevention of disease in man or animals.
35 c. Articles (other than food) intended to affect the structure or any
36 function of the body of man or animals.
37 d. Articles intended for use as a component of any article specified
38 in paragraphs a, b, or c of this subdivision; but does not include
39 devices or their components, parts or accessories.
40 7. "Cosmetics" means:
41 a. Articles intended to be rubbed, poured, sprinkled or sprayed on,
42 introduced into or otherwise applied to the human body for cleansing,
43 beautifying, promoting attractiveness, or altering the appearance.
44 b. Articles intended for use as a component of any such articles;
45 except that the term shall not include soap.
46 8. "Poison", where not otherwise limited, means any drug, chemical or
47 preparation likely to be destructive to adult human life in quantity of
48 sixty grains or less.
49 9. "Label" means a display of written, printed or pictorial matter
50 upon the immediate container of any drug, device or cosmetic. Any
51 requirement made by or under authority of this subarticle, that any
52 word, statement, or other information appear on the label shall not be
53 considered to be complied with unless such word, statement or other
54 information also appears on the outside container or wrapper, if there
55 be any, of the retail package of such drug, device or cosmetic or is
56 easily legible through the outside container or wrapper.
S. 1407 206 A. 2107
1 10. "Immediate container" does not include package liners.
2 11. "Labeling" means all labels and other written, printed or pictori-
3 al matter:
4 a. Upon any drug, device or cosmetic or any of its containers or wrap-
5 pers, or
6 b. Accompanying such drug, device or cosmetic.
7 12. "Misbranding". If a drug, device or cosmetic is alleged to be
8 misbranded because the labeling is misleading, or if an advertisement is
9 alleged to be false because it is misleading then in determining whether
10 the labeling or advertisement is misleading there shall be taken into
11 account (among other things) not only representations made or suggested
12 by statement, word, design, device, sound or any combination thereof,
13 but also the extent to which the labeling fails to reveal facts material
14 in the light of such representations or material with respect to conse-
15 quences which may result from the use of the drug, device, or cosmetic
16 to which the labeling or advertising relates under the conditions of use
17 prescribed in the labeling or advertising thereof or under such condi-
18 tions of use as are customary or usual. No drug, device or cosmetic
19 which is subject to, and complies with regulations promulgated under the
20 provisions of the federal food, drug, and cosmetic act, relating to
21 adulteration and misbranding shall be deemed to be adulterated or
22 misbranded in violation of the provisions of this subarticle because of
23 its failure to comply with the regulations of the secretary of state, or
24 the rules of the state board of pharmacy, insofar as the regulations are
25 in conflict with regulations relating to adulteration and misbranding
26 under the federal food, drug and cosmetic act.
27 13. "Antiseptic". The representation of a drug, device or cosmetic in
28 its labeling, as an antiseptic, shall be considered to be a represen-
29 tation that it is a germicide, except in the case of a drug purporting
30 to be, or represented as, an antiseptic for inhibitory use as a wet
31 dressing, ointment, dusting powder, or such other use as involves
32 prolonged contact with the body.
33 14. "New drug" means:
34 a. Any drug not generally recognized, among experts qualified by
35 scientific training and experience to evaluate the safety and effective-
36 ness of drugs, as safe and effective for use under the conditions
37 prescribed, recommended or suggested by the drug's labeling, except that
38 such a drug not so recognized shall not be deemed to be a "new drug" if
39 at any time prior to September first, nineteen hundred thirty-nine it
40 was subject to the former federal food and drug act of June thirtieth,
41 nineteen hundred six, as amended, and if at such time its labeling
42 contained the same representations concerning the conditions of its use;
43 b. Any drug, the composition of which is such that the drug, as a
44 result of investigations to determine its safety and effectiveness for
45 use under such conditions, has become recognized, but which has not
46 otherwise than in such investigations been used to a material extent or
47 for a material time under such conditions.
48 15. "Device" means instruments, apparatus, and contrivances, including
49 their components, parts and accessories, intended:
50 a. For use in the diagnosis, cure, mitigation, treatment, or
51 prevention of disease in man or animals; or
52 b. To affect the structure or any function of the body of man or
53 animals.
54 16. The term "Federal Food, Drug and Cosmetic Act" means the Federal
55 Food, Drug, and Cosmetic Act of the United States of America, approved
56 June twenty-fifth, nineteen hundred thirty-eight, officially cited as
S. 1407 207 A. 2107
1 public document number seven hundred seventeen-seventy-fifth congress
2 (chapter six hundred seventy-five--third session), and all its amend-
3 ments now or hereafter enacted.
4 17. "Wholesaler" means a person who bottles, packs or purchases drugs,
5 devices or cosmetics for the purpose of selling or reselling to pharma-
6 cies or to other channels as provided in this subarticle.
7 18. "Advertisement" means all representations disseminated in any
8 manner or by any means, other than by labeling, for the purpose of
9 inducing, or which are likely to induce, directly or indirectly, the
10 purchase of drugs, devices or cosmetics.
11 19. "Controlled substance" means any drug defined as a controlled
12 substance by article thirty-three of the public health law.
13 20. "Manufacturer" means a person who compounds, mixes, prepares,
14 produces, and bottles or packs drugs, cosmetics or devices for the
15 purpose of distributing or selling to pharmacies or to other channels of
16 distribution.
17 § 1353. Practice of pharmacy and use of title "pharmacist". Only a
18 person licensed or otherwise authorized under this subarticle shall
19 practice pharmacy or use the title "pharmacist" or any derivative.
20 § 1354. State board of pharmacy. A state board of pharmacy shall be
21 appointed by the secretary of state for the purpose of assisting the
22 secretary of state and the department of state on matters of profes-
23 sional licensing and professional conduct in accordance with section
24 nine hundred twenty-two of this article. The board shall be composed of
25 not less than nine pharmacists licensed in this state for at least five
26 years. An executive secretary to the board shall be appointed by the
27 secretary of state and shall be a pharmacist licensed in this state for
28 at least five years. The board shall have power:
29 a. To regulate the practice of pharmacy and the employment of interns
30 and employees in pharmacies,
31 b. To regulate and control the sale, distribution, character and stan-
32 dard of drugs, poisons, cosmetics, devices and new drugs,
33 c. To employ inspectors and chemists,
34 d. To prevent the sale or distribution of such drugs, poisons, cosmet-
35 ics, devices and new drugs as do not conform to the provisions of this
36 article or of the public health law,
37 e. To investigate alleged violations of the provisions of this arti-
38 cle, through its own investigative personnel or those of other agencies,
39 to conduct hearings, to levy money penalties, and to bring alleged
40 violations to the notice of the attorney general, and
41 f. To issue limited permits or registrations.
42 § 1355. Requirements for a professional license. To qualify for a
43 pharmacist's license, an applicant shall fulfill the following require-
44 ments:
45 (1) Application: file an application with the department of state;
46 (2) Education: have received an education, including a bachelor's or
47 equivalent degree in pharmacy, in accordance with the regulations of the
48 secretary of state;
49 (3) Experience: have experience satisfactory to the state board of
50 pharmacy and in accordance with the regulations of the secretary of
51 state;
52 (4) Examination: pass an examination satisfactory to the state board
53 of pharmacy, and in accordance with the regulations of the secretary of
54 state;
55 (5) Age: be at least twenty-one years of age;
S. 1407 208 A. 2107
1 (6) Citizenship or immigration status: be a United States citizen or
2 an alien lawfully admitted for permanent residence in the United States;
3 (7) Character: be of good moral character as determined by the depart-
4 ment of state; and
5 (8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
6 ment of state for admission to a department conducted examination and
7 for an initial license, a fee of eighty-five dollars for each re-exami-
8 nation, a fee of one hundred fifteen dollars for an initial license for
9 persons not requiring admission to a department conducted examination,
10 and a fee of one hundred fifty-five dollars for each triennial registra-
11 tion period.
12 § 1356. Limited permits. 1. The department of state may issue a
13 limited permit for employment as a "pharmacy intern" to:
14 a. A student enrolled in the last two years of a registered program in
15 pharmacy, or
16 b. A graduate of a program in pharmacy which meets standards estab-
17 lished by the regulations of the secretary of state who is engaged in
18 meeting the experience requirements or whose application for initial
19 licensure is pending with the department of state.
20 2. A pharmacy intern may, as determined by the regulations of the
21 secretary of state, practice as a pharmacist under the immediate
22 personal supervision of a licensed pharmacist.
23 3. A limited permit issued to a pharmacy intern shall have an expira-
24 tion date of five years from the date of issue. Limited permits may be
25 renewed once for a period not to exceed two years.
26 4. Fees. The fee for each limited permit issued to a pharmacy intern
27 shall be seventy dollars.
28 § 1357. Exempt persons; special provisions. 1. This subarticle shall
29 not be construed to affect or prevent:
30 a. Unlicensed assistants from being employed in licensed pharmacies
31 for purposes other than the practice of pharmacy;
32 b. Any physician, dentist, veterinarian or other licensed health care
33 provider legally authorized to prescribe drugs under this article who is
34 not the owner of a pharmacy or who is not in the employ of such owner,
35 from supplying his patients with such drugs as the physician, dentist,
36 veterinarian or other licensed health care provider legally authorized
37 to prescribe drugs under this article deems proper in connection with
38 his or her practice, provided, however, that all such drugs shall be
39 dispensed in a container labeled with the name and address of the
40 dispenser and patient, directions for use, and date of delivery, and in
41 addition, such drug shall bear a label containing the proprietary or
42 brand name of the drug and, if applicable, the strength of the contents,
43 unless the person issuing the prescription specifically states on the
44 prescription in his or her own handwriting, that the name of the drug
45 and the strength thereof should not appear on the label; provided
46 further that if such drugs are controlled substances, they shall be
47 dispensed pursuant to the requirements of article thirty-three of the
48 public health law;
49 c. Any merchant from selling proprietary medicines, except those which
50 are poisonous, deleterious or habit forming, or materials and devices
51 specifically exempted by regulations of the department of state or by
52 the public health law;
53 d. Any personnel in an institution of higher learning from using pres-
54 cription-required drugs on the premises for authorized research, exper-
55 iments or instruction, in accordance with the regulations of the depart-
56 ment of state and, if such drugs are controlled substances, in
S. 1407 209 A. 2107
1 accordance with title III of article thirty-three of the public health
2 law; or
3 e. The necessary and ordinary activities of manufacturers and whole-
4 salers, subject to the provisions of article thirty-three of the public
5 health law.
6 2. a. Notwithstanding the provisions of paragraph b of subdivision
7 one of this section, no prescriber who is not the owner of a pharmacy or
8 who is not in the employ of such owner, may dispense more than a seven-
9 ty-two hour supply of drugs, except for:
10 (1) persons practicing in hospitals as defined in section twenty-eight
11 hundred one of the public health law;
12 (2) the dispensing of drugs at no charge to their patients;
13 (3) persons whose practices are situated ten miles or more from a
14 registered pharmacy;
15 (4) the dispensing of drugs in a clinic, infirmary or health service
16 that is operated by or affiliated with a post-secondary institution;
17 (5) persons licensed pursuant to subarticle five of this article;
18 (6) the dispensing of drugs in a medical emergency as defined in
19 subdivision six of section thirteen hundred sixty of this subarticle;
20 (7) the dispensing of drugs that are diluted, reconstituted or
21 compounded by a prescriber;
22 (8) the dispensing of allergenic extracts; or
23 (9) the dispensing of drugs pursuant to an oncological or AIDS proto-
24 col.
25 b. The secretary of state, in consultation with the commissioner of
26 health, may promulgate regulations to implement this subdivision and
27 may, by regulation, establish additional renewable exemptions for a
28 period not to exceed one year from the provisions of paragraph a of this
29 subdivision.
30 3. A pharmacist may dispense drugs and devices to a registered profes-
31 sional nurse, and a registered professional nurse may possess and admin-
32 ister, drugs and devices, pursuant to a non-patient specific regimen
33 prescribed or ordered by a licensed physician or certified nurse practi-
34 tioner, pursuant to regulations promulgated by the secretary of state
35 and the public health law.
36 § 1358. Registering and operating establishments. 1. No person, firm,
37 corporation or association shall possess drugs, prescriptions or poisons
38 for the purpose of compounding, dispensing, retailing, wholesaling, or
39 manufacturing, or shall offer drugs, prescriptions or poisons for sale
40 at retail or wholesale unless registered by the department of state as a
41 pharmacy, store, wholesaler, or manufacturer.
42 2. Pharmacies. a. Obtaining a registration. A pharmacy shall be
43 registered as follows:
44 (1) The application shall be made on a form prescribed by the depart-
45 ment of state.
46 (2) The application shall be accompanied by a fee of three hundred
47 forty-five dollars.
48 (3) To secure and retain a registration, a pharmacy must be equipped
49 with facilities, apparatus, utensils and stocks of drugs and medicines
50 sufficient to permit the prompt and efficient compounding and dispensing
51 of prescriptions, as prescribed by regulation.
52 b. Renewal of registration. All pharmacy registrations shall be
53 renewed on dates set by the department of state. The triennial registra-
54 tion fee shall be two hundred sixty dollars or a pro rated portion ther-
55 eof as determined by the department of state. At the time of renewal,
S. 1407 210 A. 2107
1 the owner of every pharmacy shall report under oath to the department of
2 state any facts required by the board of pharmacy.
3 c. Display of registration. The registration shall be conspicuously
4 displayed at all times in the pharmacy. The names of the owner or owners
5 of a pharmacy shall be conspicuously displayed upon the exterior of such
6 establishment. The names so displayed shall be presumptive evidence of
7 ownership of such pharmacy by such person or persons. In the event that
8 the owner of a licensed pharmacy is not a licensed pharmacist, the phar-
9 macy registration issued shall also bear the name of the licensed phar-
10 macist having personal supervision of the pharmacy. In the event that
11 such licensed pharmacist shall no longer have personal supervision of
12 the pharmacy, the owner shall notify the department of state of such
13 fact and of the name of the licensed pharmacist replacing the pharmacist
14 named on the license and shall apply for an amended registration showing
15 the change. The amended registration must be attached to the original
16 registration and displayed in the same manner. Both the owner and the
17 supervising pharmacist shall be responsible for carrying out the
18 provisions of this subarticle.
19 d. Change of location. In the event that the location of a pharmacy
20 shall be changed, the owner shall apply to the department of state for
21 inspection of the new location and endorsement of the registration for
22 the new location. The fee for inspection and endorsement shall be fifty
23 dollars, unless it appears to the satisfaction of the department of
24 state that the change in location is of temporary nature due to fire,
25 flood or other disaster.
26 e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
27 the strength, quality, purity and the labeling thereof of all drugs,
28 toxic substances, devices and cosmetics, dispensed or sold, subject to
29 the guaranty provisions of this subarticle and the public health law.
30 Every owner of a pharmacy or every pharmacist in charge of a pharmacy
31 shall be responsible for the proper conduct of this pharmacy. Every
32 pharmacy shall be under the immediate supervision and management of a
33 licensed pharmacist at all hours when open. No pharmacist shall have
34 personal supervision of more than one pharmacy at the same time.
35 f. A pharmacy as a department. When a pharmacy is operated as a
36 department of a larger commercial establishment, the area comprising the
37 pharmacy shall be physically separated from the rest of the establish-
38 ment, so that access to the pharmacy and drugs is not available when a
39 pharmacist is not on duty. Identification of the area within the pharma-
40 cy by use of the words "drugs", "medicines", "drug store", or "pharmacy"
41 or similar terms shall be restricted to the area licensed by the depart-
42 ment of state as a pharmacy.
43 g. Limited pharmacy registration. (1) When, in the opinion of the
44 department of state, a high standard of patient safety, consistent with
45 good patient care, can be provided by the registering of a pharmacy
46 within a hospital, nursing home or extended care facility which does not
47 meet all of the requirements for registration as a pharmacy, the depart-
48 ment of state may waive any requirements pertaining to full-time opera-
49 tion by a licensed pharmacist, minimum equipment, minimum space and
50 waiting area, provided that when the waiver of any of the above require-
51 ments is granted by the board of pharmacy, the pharmaceutical services
52 to be rendered by the pharmacy shall be limited to furnishing drugs to
53 patients registered for treatment by the hospital, and to in-patients
54 for treatment by the nursing home or extended care facility.
55 (2) When in the opinion of the department of state, a high standard of
56 patient safety, consistent with good patient care, can be provided by
S. 1407 211 A. 2107
1 the registering of a pharmacy within a facility distributing dialysis
2 solutions for patients suffering from end stage renal disease and where
3 the pharmaceutical services to be rendered by the pharmacy shall be
4 limited to furnishing dialysis solutions to patients for whom such has
5 been prescribed by a duly authorized prescriber, the department of state
6 may waive certain requirements, including, but not limited to, full-time
7 operation by a licensed pharmacist, minimum equipment, and minimum space
8 and waiting area. Such solutions shall only be dispensed by employees
9 who have completed an approved training program and who have demon-
10 strated proficiency to perform the task or tasks of assembling, labeling
11 or delivering a patient order and who work under the general supervision
12 of a licensed pharmacist who shall be responsible for the distribution,
13 record keeping, labeling and delivery of all dialysis solutions
14 dispensed by the distributor as required by the department of state.
15 (3) The department of state shall promulgate such rules or regulations
16 consistent with this paragraph as are necessary to ensure the safe
17 distribution of such dialysis solution, including establishment regis-
18 tration and proper record keeping, storage, and labeling.
19 (4) The initial registration fee and renewal fee for a limited pharma-
20 cy shall be three hundred forty-five dollars for each triennial regis-
21 tration period.
22 h. Applicant registration. An applicant for registration as a pharmacy
23 shall be of good moral character, as determined by the department of
24 state. In the case of a corporate applicant, the requirement shall
25 extend to all officers and directors and to stockholders having a ten
26 percent or greater interest in the corporation.
27 4. Wholesaler's or manufacturer's registration. a. Obtaining a regis-
28 tration. A wholesaler or manufacturer shall be registered as follows:
29 (1) The application shall be made on a form prescribed by the depart-
30 ment of state.
31 (2) The application shall be accompanied by a fee of eight hundred
32 twenty-five dollars.
33 b. Renewal of registration. All wholesalers' and manufacturers' regis-
34 trations shall be renewed on dates set by the department of state. The
35 triennial registration fee shall be five hundred twenty dollars or a pro
36 rated portion thereof as determined by the department of state.
37 c. Display of registration. The registration shall be displayed
38 conspicuously at all times in the place of business.
39 d. Change of location. In the event that the location of such place of
40 business shall be changed, the owner shall apply to the department of
41 state for inspection of the new location and endorsement of the regis-
42 tration for the new location. The fee for inspection and endorsement
43 shall be one hundred seventy dollars, unless it appears to the satisfac-
44 tion of the department of state that the change in location is of a
45 temporary nature due to fire, flood or other disaster.
46 5. Inspection. The state board of pharmacy and the department of
47 state, and their employees designated by the secretary of state, shall
48 have the right to enter any pharmacy, wholesaler, manufacturer, or
49 registered store, or vehicle and to inspect, at reasonable times, such
50 factory, warehouse, establishment or vehicle and all records required by
51 this subarticle, pertinent equipment, finished and unfinished materials,
52 containers, and labels.
53 6. Revocation or suspension. A pharmacy, store, wholesaler or manufac-
54 turer registration may be revoked or suspended by the committee on
55 professional conduct of the state board of pharmacy in accordance with
56 the provisions of subarticle one of this article.
S. 1407 212 A. 2107
1 7. Sale of drugs at auction. No controlled substance or substances and
2 no poisonous or deleterious drugs or drugs in bulk or in opened contain-
3 ers shall be sold at auction unless the place where such drugs are sold
4 at auction shall have been registered by the board of pharmacy, and
5 unless such sale shall be under the personal supervision of a licensed
6 pharmacist. Drugs in open containers shall not be sold at auction unless
7 the seller shall have in his possession a certificate of the board of
8 pharmacy showing that such drugs have been inspected and meet the
9 requirements of this article. In the event that the drug so sold is one
10 as to which this subarticle or any federal statute or any regulation
11 adopted pursuant to this subarticle or an applicable federal statute
12 require that the expiration date be stated on each package, such drug
13 may not be sold at auction after such expiration date or when such expi-
14 ration date will occur within a period of thirty days or less from the
15 date of sale.
16 § 1359. Identification of pharmacists. Every pharmacist on duty shall
17 be identified by a badge designed by the state board of pharmacy, which
18 shall contain his or her name and title.
19 § 1359-a. Registration of nonresident establishments. 1. Definition.
20 The term "nonresident establishment" shall mean any pharmacy, manufac-
21 turer or wholesaler located outside of the state that ships, mails or
22 delivers prescription drugs or devices to other establishments, author-
23 ized prescribers and/or patients residing in this state. Such establish-
24 ments shall include, but not be limited to, pharmacies that transact
25 business through the use of the internet.
26 2. Registration. All nonresident establishments that ship, mail, or
27 deliver prescription drugs and/or devices to other registered establish-
28 ments, authorized prescribers, and/or patients into this state shall be
29 registered with the department of state; except that such registration
30 shall not apply to intra-company transfers between any division, affil-
31 iate, subsidiaries, parent or other entities under complete common
32 ownership and control. The provisions of this subdivision shall apply
33 solely to nonresident establishments and shall not affect any other
34 provision of this subarticle.
35 3. Agent of record. Each nonresident establishment that ships, mails
36 or delivers drugs and/or devices into this state shall designate a resi-
37 dent agent in this state for service of process pursuant to rule three
38 hundred eighteen of the civil practice law and rules.
39 4. Conditions of registration. As a condition of registration, a
40 nonresident establishment shall comply with the following requirements:
41 a. Be licensed and/or registered and in good standing with the state
42 of residence;
43 b. Maintain, in readily retrievable form, records of drugs and/or
44 devices shipped into this state;
45 c. Supply, upon request, all information needed by the department of
46 state to carry out the department's responsibilities under the laws and
47 rules and regulations pertaining to nonresident establishments;
48 d. Comply with all statutory and regulatory requirements of the state
49 where the nonresident establishment is located, for prescription drugs
50 or devices shipped, mailed or delivered into this state, except that for
51 controlled substances shipped, mailed or delivered into this state, the
52 nonresident pharmacy shall follow federal law and New York law relating
53 to controlled substances;
54 e. The application shall be made in the manner and form prescribed by
55 the department of state;
S. 1407 213 A. 2107
1 f. The application of establishments to be registered as a manufactur-
2 er or wholesaler of drugs and/or devices shall be accompanied by a fee
3 as provided in section thirteen hundred fifty-eight of this subarticle;
4 and
5 g. The application of establishments to be registered as a nonresident
6 pharmacy shall be accompanied by a fee of three hundred forty-five
7 dollars and shall be renewed triennially at a fee of two hundred sixty
8 dollars.
9 5. Additional requirements. Nonresident pharmacies registered pursuant
10 to this section shall:
11 a. Provide a toll-free telephone number that is available during
12 normal business hours and at least forty hours per week, to enable
13 communication between a patient in this state and a pharmacist at the
14 pharmacy who has access to the patient's records; and
15 b. Place such toll-free telephone number on a label affixed to each
16 drug or device container.
17 6. Disciplinary action. Except in emergencies that constitute an imme-
18 diate threat to public health, the department of state shall not prose-
19 cute a complaint or otherwise take formal action against a nonresident
20 establishment based upon delivery of a drug into this state or a
21 violation of law, rule, or regulation of this state if the agency having
22 jurisdiction in the state where the nonresident establishment is based
23 commences action on the violation complained of within one hundred twen-
24 ty days from the date that the violation was reported; provided however,
25 that the department of state may prosecute a complaint or take formal
26 action against a nonresident establishment if it determines that the
27 agency having jurisdiction in the state where the nonresident establish-
28 ment is based has unreasonably delayed or otherwise failed to take
29 prompt and appropriate action on a reported violation.
30 7. Revocation or suspension. A nonresident establishment that fails to
31 comply with the requirements of this section shall be subject to revoca-
32 tion or suspension of its registration and other applicable penalties in
33 accordance with the provisions of subarticle one of this article.
34 8. Exception. The department of state may grant an exception from the
35 registration requirements of this section on the application of a
36 nonresident establishment that restricts its sale or dispensing of drugs
37 and/or devices to residents of this state to isolated transactions.
38 9. Rules and regulations. The department of state shall promulgate
39 rules and regulations to implement the provisions of this section.
40 § 1360. Prescriptions. 1. No drug for which a prescription is required
41 by the provisions of the Federal Food, Drug and Cosmetic Act or by the
42 commissioner of health shall be distributed or dispensed to any person
43 except upon a prescription written by a person legally authorized to
44 issue such prescription. Such drug shall be compounded or dispensed by a
45 licensed pharmacist, and no such drug shall be dispensed without affix-
46 ing to the immediate container in which the drug is sold or dispensed a
47 label bearing the name and address of the owner of the establishment in
48 which it was dispensed, the date compounded, the number of the
49 prescription under which it is recorded in the pharmacist's prescription
50 files, the name of the prescriber, the name and address of the patient,
51 and the directions for the use of the drug by the patient as given upon
52 the prescription. The prescribing and dispensing of a drug which is a
53 controlled substance shall be subject to additional requirements
54 provided in article thirty-three of the public health law. The words
55 "drug" and "prescription required drug" within the meaning of this arti-
56 cle shall not be construed to include soft or hard contact lenses,
S. 1407 214 A. 2107
1 eyeglasses, or any other device for the aid or correction of vision.
2 Nothing in this subdivision shall prevent a pharmacy from furnishing a
3 drug to another pharmacy which does not have such drug in stock for the
4 purpose of filling a prescription.
5 2. A prescription may not be refilled unless it bears a contrary
6 instruction and indicates on its face the number of times it may be
7 refilled. A prescription may not be refilled more times than allowed on
8 the prescription. The date of each refilling must be indicated on the
9 original prescription. Prescriptions for controlled substances shall be
10 refilled only pursuant to article thirty-three of the public health law.
11 3. A copy of a prescription for a controlled substance shall not be
12 furnished to the patient but may be furnished to any licensed practi-
13 tioner authorized to write such prescription. Copies of other
14 prescriptions shall be furnished to the patient at his request, but such
15 copies are issued for the informational purposes of the prescribers
16 only, and shall be so worded.
17 4. (a) Oral prescriptions for controlled substances shall be filled
18 pursuant to article thirty-three of the public health law. A pharmacist
19 may fill an oral prescription for a drug, other than a controlled
20 substance, made by a practitioner legally authorized to prescribe drugs.
21 An oral authorization for the refill of a prescription, other than a
22 prescription for a controlled substance, may be made by a practitioner
23 legally authorized to prescribe drugs. The pharmacist receiving such
24 oral authorization for the refill of a prescription shall write on the
25 reverse side of the original prescription the date, time, and name of
26 the practitioner authorizing the refill of the prescription. An oral
27 prescription or an oral authorization for the refill of a prescription
28 for the drug, other than a controlled substance, may be communicated by
29 an employee of the prescribing practitioner; provided, however, the
30 pharmacist shall:
31 (i) contemporaneously reduce such prescription to writing;
32 (ii) dispense the substance in conformity with the labeling require-
33 ments applicable to a written prescription; and
34 (iii) make a good faith effort to verify the employee's identity if
35 the employee is unknown to the pharmacist.
36 (b) Oral prescriptions for patients in general hospitals, nursing
37 homes, residential health care facilities as defined in section twenty-
38 eight hundred one of the public health law, hospitals as defined in
39 subdivision ten of section 1.03 of the mental hygiene law, or develop-
40 mental centers or developmental disabilities services offices listed in
41 subdivision (b) of section 13.17 of the mental hygiene law, may be
42 communicated to a pharmacist serving as a vendor of pharmaceutical
43 services based upon a contractual arrangement by an agent designated by
44 and under the direction of the prescriber or the institution. Such agent
45 shall be a health care practitioner currently licensed and registered
46 under this article.
47 5. Records of all prescriptions filled or refilled shall be maintained
48 for a period of at least five years and upon request made available for
49 inspection and copying by a representative of the department of state.
50 Such records shall indicate date of filling or refilling, doctor's name,
51 patient's name and address and the name or initials of the pharmacist
52 who prepared, compounded, or dispensed the prescription. Records of
53 prescriptions for controlled substances shall be maintained pursuant to
54 requirements of article thirty-three of the public health law.
55 6. (a) Every prescription written in this state by a person authorized
56 to issue such prescription shall be on prescription forms containing one
S. 1407 215 A. 2107
1 line for the prescriber's signature. The prescriber's signature shall
2 validate the prescription. Imprinted conspicuously in eight point upper
3 case type immediately below the signature line shall be the words: "THIS
4 PRESCRIPTION WILL BE FILLED GENERICALLY UNLESS PRESCRIBER WRITES 'd a w'
5 IN THE BOX BELOW". Unless the prescriber writes d a w in such box in the
6 prescriber's own handwriting, the prescriber's signature shall designate
7 approval of substitution by a pharmacist of a drug product pursuant to
8 paragraph (o) of subdivision one of section two hundred six of the
9 public health law. No other letters or marks in such box shall prohibit
10 substitution. No prescription forms used or intended to be used by a
11 person authorized to issue a prescription shall have 'd a w' preprinted
12 in such box. Such box shall be placed directly under the signature line
13 and shall be three-quarters inch in length and one-half inch in height.
14 Immediately below such box shall be imprinted in six point type the
15 words "Dispense As Written". Notwithstanding any other provision of law,
16 no state official, agency, board or other entity shall promulgate any
17 regulation or guideline modifying those elements of the prescription
18 form's contents specified in this subdivision. To the extent otherwise
19 permitted by law, a prescriber may modify only those elements of the
20 prescription form's contents not specified in this subdivision.
21 Notwithstanding any other provision of this section or any other law,
22 when a generic drug is not available and the brand name drug originally
23 prescribed is available and the pharmacist agrees to dispense the brand
24 name product for a price that will not exceed the price that would have
25 been charged for the generic substitute had it been available, substi-
26 tution of a generic drug product will not be required. If the generic
27 drug product is not available and a medical emergency situation, which
28 for purposes of this section is defined as any condition requiring alle-
29 viation of severe pain or which threatens to cause disability or take
30 life if not promptly treated, exists, then the pharmacist may dispense
31 the brand name product at his regular price. In such instances the phar-
32 macist must record the date, hour and nature of the medical emergency on
33 the back of the prescription and keep a copy of all such prescriptions.
34 (b) The prescriber shall inform the patient whether he or she has
35 prescribed a brand name or its generic equivalent drug product.
36 (c) The provisions of this subdivision shall not apply to a hospital
37 as defined in article twenty-eight of the public health law.
38 (d) No prescriber shall be subjected to civil liability arising solely
39 from authorizing, in accordance with this subdivision, the substitution
40 by a pharmacist of a drug product pursuant to paragraph (o) of subdivi-
41 sion one of section two hundred six of the public health law.
42 7. (a) No prescription for a drug written in this state by a person
43 authorized to issue such prescription shall be on a prescription form
44 which authorizes the dispensing or compounding of any other drug. No
45 drug shall be dispensed by a pharmacist when such prescription form
46 includes any other drug.
47 (b) With respect to drugs other than controlled substances, the
48 provisions of this subdivision shall not apply to pharmacists employed
49 by or providing services under contract to general hospitals, nursing
50 homes, residential health care facilities as defined in section twenty-
51 eight hundred one of the public health law, hospitals as defined in
52 subdivision ten of section 1.03 of the mental hygiene law, or develop-
53 mental centers or developmental disabilities services offices listed in
54 subdivision (b) of section 13.17 of the mental hygiene law, who dispense
55 drugs in the course of said employment or in the course of providing
56 such services under contract. With respect to such pharmacists, each
S. 1407 216 A. 2107
1 prescription shall be transcribed on a patient specific prescription
2 form.
3 8. Every prescription (whether or not for a controlled substance)
4 written in this state by a person authorized to issue such prescription
5 and containing the prescriber's signature shall, in addition to such
6 signature, be imprinted or stamped legibly and conspicuously with the
7 printed name of the prescriber who has signed the prescription. The
8 imprinted or stamped name of the signing prescriber shall appear in an
9 appropriate location on the prescription form and shall not be entered
10 in or upon any space or line reserved for the prescriber's signature.
11 The imprinted or stamped name shall not be employed as a substitute for,
12 or fulfill any legal requirement otherwise mandating that the
13 prescription be signed by the prescriber.
14 9. No person, corporation, association or other entity, not licensed
15 to issue a prescription pursuant to this article, shall wilfully cause
16 prescription forms, blanks or facsimiles thereof to be disseminated to
17 any person other than a person who is licensed to issue a prescription
18 pursuant to this article. A violation of this subdivision shall be a
19 class B misdemeanor punishable in accordance with the provisions of the
20 penal law.
21 § 1361. Misdemeanors. It shall be a class A misdemeanor for:
22 1. Any person knowingly or intentionally to prevent or refuse to
23 permit any board of pharmacy member or department of state represen-
24 tative to enter a pharmacy or any other establishment for the purpose of
25 lawful inspection;
26 2. Any person whose license has been revoked to refuse to deliver the
27 license;
28 3. Any pharmacist to display his or her license or permit it to be
29 displayed in a pharmacy of which he or she is not the owner or in which
30 he or she is not employed, or any owner to fail to display in his or her
31 pharmacy the license of the pharmacist employed in said pharmacy;
32 4. Any holder of a license to fail to display the license;
33 5. Any owner of a pharmacy to display or permit to be displayed in his
34 or her pharmacy the license of any pharmacist not employed in said phar-
35 macy;
36 6. Any person to carry on, conduct or transact business under a name
37 which contains as a part thereof the words "drugs", "medicines", "drug
38 store", "apothecary", or "pharmacy", or similar terms or combination of
39 terms, or in any manner by advertisement, circular, poster, sign or
40 otherwise describe or refer to the place of business conducted by such
41 person, or describe the type of service or class of products sold by
42 such person, by the terms "drugs", "medicine", "drug store", "apothe-
43 cary", or "pharmacy", unless the place of business so conducted is a
44 pharmacy licensed by the department of state;
45 7. Any person to enter into an agreement with a physician, dentist,
46 podiatrist or veterinarian for the compounding or dispensing of secret
47 formula (coded) prescriptions;
48 8. Any person to sell or distribute any instrument or article, or any
49 recipe, drug or medicine for the prevention of conception to a minor
50 under the age of sixteen years; the sale or distribution of such to a
51 person other than a minor under the age of sixteen years is authorized
52 only by a licensed pharmacist but the advertisement or display of said
53 articles, within or without the premises of such pharmacy is hereby
54 prohibited;
S. 1407 217 A. 2107
1 9. Any person to manufacture, sell, deliver for sale, hold for sale or
2 offer for sale of any drug, device or cosmetic that is adulterated or
3 misbranded;
4 10. Any person to adulterate or misbrand any drug, device or cosmetic;
5 11. Any person to receive in commerce any drug, device or cosmetic
6 that is adulterated or misbranded, and to deliver or proffer delivery
7 thereof for pay or otherwise;
8 12. Any person to sell, deliver for sale, hold for sale, or offer for
9 sale any drug, device or cosmetic in violation of this subarticle;
10 13. Any person to disseminate any false advertisement;
11 14. Any person to refuse to permit entry or inspection as authorized
12 by this subarticle;
13 15. Any person to forge, counterfeit, simulate, or falsely represent,
14 or without proper authority using any mark, stamp, tag, label or other
15 identification device authorized or required by rules and regulations
16 promulgated under the provisions of this subarticle;
17 16. Any person to use for his or her own advantage, or reveal, other
18 than to the secretary of state or his or her duly authorized represen-
19 tative, or to the courts when relevant in any judicial proceedings under
20 this subarticle, any information acquired under authority of this subar-
21 ticle or concerning any method or process, which is a trade secret;
22 17. Any person to alter, mutilate, destroy, obliterate or remove the
23 whole or any part of the labeling of, or the doing of any other act with
24 respect to a drug, device, or cosmetic, if such act is done while such
25 article is held for sale and results in such article being misbranded;
26 18. Any person to use on the labeling of any drug or in any advertis-
27 ing relating to such drug any representation or suggestion that an
28 application with respect to such drug is effective under section thir-
29 teen hundred seventy of this subarticle or that such is in compliance
30 with the provisions of such section;
31 19. Any person to violate any of the provisions of section thirteen
32 hundred sixty of this subarticle;
33 20. Any person to violate any of the provisions of section thirteen
34 hundred sixty-eight of this subarticle;
35 21. Any person, to sell at retail or give away in tablet form bichlo-
36 ride of mercury, mercuric chloride or corrosive sublimate, unless such
37 bichloride of mercury, mercuric chloride or corrosive sublimate, when so
38 sold, or given away, shall conform to the provisions of national formu-
39 lary XII. Nothing contained in this subdivision shall be construed to
40 prohibit the sale and dispensing of bichloride of mercury in any form,
41 shape, or color, when combined or compounded with one or more other
42 drugs or excipients, for the purposes of internal medication only, or
43 when sold in bulk in powder form, or to any preparation containing one-
44 tenth of a grain or less of bichloride of mercury;
45 22. Any pharmacy to fail to properly post the list required by section
46 thirteen hundred eighty of this subarticle;
47 23. Any pharmacy to change its current selling price without changing
48 the listed price as provided by section thirteen hundred eighty of this
49 subarticle;
50 24. Any person to refuse to permit access to or copying of any record
51 as required by this subarticle; or
52 25. Any manufacturer to sell or offer for sale any drug not manufac-
53 tured, prepared or compounded under the personal supervision of a chem-
54 ist or licensed pharmacist or not labeled with the full name of the
55 manufacturer or seller.
S. 1407 218 A. 2107
1 § 1362. Certain drugs to be clearly marked or labeled. 1. No drug for
2 which a prescription is required by the provisions of the Federal Food,
3 Drug and Cosmetic Act or by the commissioner of health may be manufac-
4 tured or commercially distributed within this state in tablet or capsule
5 form unless it has clearly marked or imprinted on each such tablet or
6 capsule in conformance with the applicable plan required by subdivision
7 three of this section:
8 (a) an individual symbol, number, company name, words, letters, mark-
9 ing or National Drug Code (hereinafter referred to as N. D. C.) number
10 identifying the manufacturer or distributor of the drug; and
11 (b) an N. D. C. number, symbol, number, letters, words or marking
12 identifying such drug or combination of drugs.
13 2. No drug for which any prescription is required by the provisions of
14 the Federal Food, Drug and Cosmetic Act or by the commissioner of health
15 contained within a bottle, vial, carton or other container, or in any
16 way affixed or appended to or enclosed within a package of any kind, and
17 designed or intended for delivery in such container or package to an
18 ultimate consumer, shall be manufactured or distributed within this
19 state unless such container or package has clearly and permanently
20 marked or imprinted upon it in conformance with the applicable plan
21 required by subdivision three of this section:
22 (a) an individual symbol, N. D. C. number, company name, number,
23 letters, words or marking identifying the manufacturer or distributor of
24 the drug;
25 (b) an N. D. C. number, symbol, number, letters, words or marking
26 identifying such drug or combination of drugs; and
27 (c) whenever the distributor of the prescription drug product does not
28 also manufacture the product the names and places of business of both
29 shall appear on the label in words clearly distinguishing each.
30 3. (a) Each manufacturer and distributor shall prepare and submit to
31 the commissioner of health a proposed plan of the manufacturer or
32 distributor, as the case may be, to have its products comply with the
33 marking and labeling requirements of this section.
34 (b) Such plan shall be in writing and shall give the respective dates
35 by which the various products manufactured or distributed will each
36 contain the required mark or label. The plan shall state the reasons why
37 the projected date of compliance has been proposed and such other infor-
38 mation deemed relevant or that the commissioner of health shall require.
39 (c) The commissioner may either approve the plan as proposed or, after
40 consultation with the manufacturer or distributor, require an amendment
41 or the commissioner may promulgate a plan for the manufacturer or
42 distributor. No plan or amendment to the plan shall be effective until
43 approved or promulgated by the commissioner of health upon a finding by
44 him or her that the time limitations provided for therein are reasonable
45 and will best carry out the intendment of this section.
46 4. Each manufacturer and/or distributor shall publish and make avail-
47 able, upon request, to the department of state, to each physician,
48 dentist, pharmacy, hospital or other institution wherein such drugs may
49 be used, a printed material which will identify each imprint used by the
50 manufacturer or distributor. Updated materials shall be provided as
51 changes occur, upon the filing of an annual request. The provisions of
52 this subdivision shall be deemed to be complied with when a prescription
53 drug product is included in the Physician's Desk Reference.
54 5. Every person, firm or corporation violating the provisions of this
55 section for any prescription drug product shall be guilty of an offense
56 punishable by a fine of not less than twenty-five hundred dollars nor
S. 1407 219 A. 2107
1 more than ten thousand dollars. Any prescription drug product prepared
2 or manufactured in violation of this section shall be contraband and
3 subject to seizure either by the state board of pharmacy or by any law
4 enforcement officer of the state.
5 6. The provisions of this section shall not apply to any tablet or
6 capsule which contains a controlled substance as that term is defined by
7 article thirty-three of the public health law or which is prepared or
8 manufactured by a pharmacist duly licensed by the state which is made by
9 him or her for the purpose of retail sale from his principal place of
10 business and not intended for resale.
11 7. The commissioner of health may exempt a particular tablet or
12 capsule from the requirements of this section, upon application by a
13 manufacturer, on the grounds that labeling such a tablet or capsule is
14 unfeasible because of size or texture or other unique characteristics.
15 8. (a) As used in this section, the term "distributor" means the
16 person, firm, corporation or other entity which is not the actual
17 manufacturer of a prescription drug product but which distributes such
18 product for resale under the label of such person, firm, corporation or
19 entity.
20 (b) For purposes of subdivision four of this section "drug product"
21 means the entire supply of the finished dosage form of the drug.
22 § 1363. Door-to-door distribution of drugs prohibited. It shall be a
23 violation, punishable by a fine not to exceed two hundred fifty dollars,
24 for a manufacturer, distributor, or seller of drugs or an employee or
25 agent thereof to distribute a free sample of any drug, other than a
26 cosmetic not intended for ingestion, to any residential dwelling unless
27 the sample is given directly to a person who is, or reasonably appears
28 to be, over the age of eighteen. This section shall not be construed to
29 permit distribution where otherwise prohibited by this chapter or any
30 other law.
31 § 1364. Special provisions. 1. Where any pharmacy registered by the
32 department is damaged by fire the board of pharmacy shall be notified
33 within a period of forty-eight hours, and the board shall have power to
34 impound all drugs for analysis and condemnation, if found unfit for use.
35 Where a pharmacy is discontinued, the owner of its prescription records
36 shall notify the department of state as to the disposition of said
37 prescription records, and in no case shall records be sold or given away
38 to a person who does not currently possess a registration to operate a
39 pharmacy.
40 2. Nothing in this subarticle shall be construed as requiring the
41 prosecution or the institution of injunction proceedings for minor
42 violations of this subarticle whenever the public interest will be
43 adequately served by a suitable written notice of warning.
44 3. The executive secretary of the state board of pharmacy is author-
45 ized to conduct examinations and investigations for the purposes of this
46 subarticle through officers and employees of the United States, or
47 through any health, food, or drug officer or employee of any city, coun-
48 ty or other political subdivision of this state.
49 § 1365. Seizure. 1. Any drug, device or cosmetic that is adulterated,
50 misbranded or may not be sold under the provisions of this article, may
51 be seized on petition or complaint of the board of pharmacy and
52 condemned in the supreme court of any county in which it is found.
53 Seizure shall be made:
54 a. by process pursuant to the petition or complaint, or
S. 1407 220 A. 2107
1 b. if the executive secretary of the board of pharmacy or other offi-
2 cer designated by him or her has probable cause to believe that the
3 article
4 (1) is one which may not be sold under the provisions of section thir-
5 teen hundred seventy of this subarticle, or
6 (2) is adulterated, or
7 (3) is so misbranded as to be dangerous to health.
8 The article shall be seized by order of such officer. The order shall
9 describe the article to be seized, the place where the article is
10 located, and the officer or employee making the seizure. The officer, in
11 lieu of taking actual possession, may affix a tag or other appropriate
12 marking to the article giving notice that the article has been quaran-
13 tined and warning all persons not to remove or dispose of it by sale or
14 otherwise until permission for removal or disposal is given by the offi-
15 cer or the court. In case of seizures or quarantine, pursuant to such
16 order, the jurisdiction of such court shall attach upon such seizure or
17 quarantine, and a petition or complaint for condemnation shall be filed
18 promptly.
19 2. The procedure for cases under this section shall conform as much as
20 possible to the procedure for attachment. Any issue of fact joined in
21 any case under this section shall be tried by jury on the demand of
22 either party. The court at any time after seizure and up to the time of
23 trial shall allow by order any party or his or her agent or attorney to
24 obtain a representative sample of the condemned material, a true copy of
25 the analysis on which the proceeding was based, and the identifying
26 marks or numbers, if any, on the packages from which the samples
27 analyzed were obtained.
28 3. Any drug, device or cosmetic condemned under this section shall be
29 disposed of by destruction or sale as the court may direct after the
30 decree in accordance with the provisions of this section. The proceeds
31 of the sale, if any, shall be paid into the state treasury after
32 deduction for legal costs and charges. However, the drug, device or
33 cosmetic shall not be sold contrary to the provisions of this subarti-
34 cle. After entry of the decree, if the owner of the condemned articles
35 pays the costs of the proceeding and posts a sufficient bond as security
36 that the articles will not be disposed of contrary to the provisions of
37 this subarticle, the court may by order direct that the seized articles
38 be delivered to the owner to be destroyed or brought into conformance
39 with this subarticle under supervision of the executive secretary of the
40 board of pharmacy. The expenses of the supervision shall be borne by the
41 person obtaining the release under bond. Any drug condemned by reason of
42 its being a new drug which may not be sold under this subarticle shall
43 be disposed of by destruction.
44 4. When the decree of condemnation is entered, court costs and fees,
45 storage and other expense shall be awarded against the person, if any,
46 intervening as claimant of the condemned articles.
47 5. In any proceeding against the board of pharmacy, or the executive
48 secretary of the board of pharmacy, or an agent of either, because of
49 seizure, or quarantine, under this section, the board, or the secretary,
50 or such agent shall not be liable if the court finds that there was
51 probable cause for the acts done by them.
52 § 1366. Records of shipment. For the purpose of enforcing provisions
53 of this subarticle, carriers engaged in commerce, and persons receiving
54 drugs, devices or cosmetics in commerce or holding such articles so
55 received, shall, upon the request of an officer duly assigned by the
56 executive secretary of the board of pharmacy, permit such officer, at
S. 1407 221 A. 2107
1 reasonable times, to have access to and to copy all records showing the
2 movement in commerce of any drug, device or cosmetic, or the holding
3 thereof during or after such movement, and the quantity, shipper, and
4 consignee thereof; and it shall be unlawful for any such carrier or
5 person to fail to permit such access to and copying of any such record
6 so requested when such request is accompanied by a statement in writing
7 specifying the nature or kind of drug, device or cosmetic to which such
8 request relates; provided, that evidence obtained under this section
9 shall not be used in a criminal prosecution of the person from whom
10 obtained; provided further, that carriers shall not be subject to the
11 other provisions of this subarticle by reason of their receipt,
12 carriage, holding or delivery of drugs, devices or cosmetics in the
13 usual course of business as carriers.
14 § 1367. Adulterating, misbranding and substituting. 1. Adultered
15 drugs. A drug or device shall be deemed to be adulterated:
16 a. (1) If it consists in whole or in part of any filthy, putrid, or
17 decomposed substance; or (2) if it has been prepared, packed, or held
18 under insanitary conditions whereby it may have been contaminated with
19 filth, or whereby it may have been rendered injurious to health; or (3)
20 if it is a drug and its container is composed, in whole or in part, of
21 any poisonous or deleterious substance which may render the contents
22 injurious to health; or (4) if it is a drug and it bears or contains,
23 for purposes of coloring only, a coal-tar color other than one from a
24 batch that has been certified in accordance with regulations provided in
25 this subarticle.
26 b. If it purports to be, or is represented as, a drug the name of
27 which is recognized in an official compendium, and its strength differs
28 from, or its quality or purity falls below, the standard set forth in
29 such compendium. Such determination as to strength, quality or purity
30 shall be made in accordance with the tests or methods of assay set forth
31 in such compendium, or, in the absence or inadequacy of such tests or
32 methods of assay, then in accordance with tests or methods of assay
33 prescribed by regulations of the board of pharmacy as promulgated under
34 this subarticle. Deviations from the official assays may be made in the
35 quantities of samples and reagents employed, provided they are in
36 proportion to the quantities stated in the official compendium. No drug
37 defined in an official compendium shall be deemed to be adulterated
38 under this paragraph because (1) it exceeds the standard of strength
39 therefor set forth in such compendium, if such difference is plainly
40 stated on its label; or (2) it falls below the standard of strength,
41 quality, or purity therefor set forth in such compendium if such differ-
42 ence is plainly stated on its label, except that this clause shall apply
43 only to such drugs, or classes of drugs, as are specified in regu-
44 lations which the board of pharmacy shall promulgate when, as applied to
45 any drug, or class of drugs, the prohibition of such difference is not
46 necessary for the protection of the public health. Whenever a drug is
47 recognized in both the United States pharmacopoeia and the homeopathic
48 pharmacopoeia of the United States, it shall be subject to the require-
49 ments of the United States pharmacopoeia unless it is labeled and
50 offered for sale as a homeopathic drug, in which case it shall be
51 subject to the provisions of the homeopathic pharmacopoeia of the United
52 States and not to those of the United States pharmacopoeia.
53 c. If it is not subject to the provisions of paragraph b of this
54 subdivision and its strength differs from, or its purity or quality
55 falls below, that which it purports or is represented to possess.
S. 1407 222 A. 2107
1 d. If it is a drug and any substance has been (1) mixed or packed
2 therewith so as to reduce its quality or strength or (2) substituted
3 wholly or in part therefor.
4 e. If it is sold under or by a name not recognized in or according to
5 a formula not given in the United States pharmacopoeia or the national
6 formulary but that is found in some other standard work on pharmacology
7 recognized by the board of pharmacy, and it differs in strength, quality
8 or purity from the strength, quality or purity required, or the formula
9 prescribed in, the standard work.
10 2. Misbranded and substituted drugs and devices. A drug or device
11 shall be deemed to be misbranded:
12 a. If its labeling is false or misleading in any particular.
13 b. If in package form, unless it bears a label containing (1) the name
14 and place of business of the manufacturer, packer, or distributor; and
15 (2) an accurate statement of the quantity of the contents in terms of
16 weight, measure, or numerical count. Provided, that under clause two of
17 this paragraph the board of pharmacy may establish reasonable variations
18 as to quantity and exemptions as to small packages.
19 c. If any word, statement, or other information required by or under
20 authority of this subarticle to appear on the label or labeling is not
21 prominently placed thereon with such conspicuousness (as compared with
22 other words, statements, designs, or devices, in the labeling) and in
23 such terms as to render it likely to be read and understood by the ordi-
24 nary individual under customary conditions of purchase and use.
25 d. If it is for use by man and contains any quantity of the narcotic
26 or hypnotic substance alpha eucaine, barbituric acid, beta eucaine,
27 bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin,
28 marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane; or
29 any chemical derivative of such substance, which derivative has been by
30 the secretary, after investigation, found to be, and by regulations
31 under this subarticle, or by regulations promulgated by the board of
32 pharmacy, designated as, habit forming; unless its label bears the name
33 and quantity, or proportion, of such substance or derivative and in
34 juxtaposition therewith the statement "Warning--May be habit forming."
35 e. If it is a drug and is not designated solely by a name recognized
36 in an official compendium unless its label bears (1) the common or usual
37 name of the drug, if such there be; and (2) in case it is fabricated
38 from two or more ingredients, the common or usual name of each active
39 ingredient, including the kind and quantity by percentage or amount of
40 any alcohol, and also including, whether active or not, the name and
41 quantity or proportion of any bromides, ether, chloroform, acetanilid,
42 acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscya-
43 mine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, stro-
44 phanthin, strychnine, thyroid, or any derivative or preparation of any
45 such substances, contained therein; provided, that, to the extent that
46 compliance with the requirements of clause two of this paragraph is
47 impracticable, exemptions shall be established by regulations promulgat-
48 ed by the board of pharmacy.
49 f. Unless its labeling bears (1) adequate directions for use; and (2)
50 such adequate warnings against use in those pathological conditions or
51 by children where its use may be dangerous to health, or against unsafe
52 dosage or methods or duration of administration or application, in such
53 manner and form, as are necessary for the protection of users; provided,
54 that, where any requirement of clause one of this paragraph, as applied
55 to any drug or device, is not necessary for the protection of the public
S. 1407 223 A. 2107
1 health, the board of pharmacy shall promulgate regulations exempting
2 such drug or device from such requirement.
3 g. If it purports to be a drug the name of which is recognized in an
4 official compendium, unless it is packaged and labeled as prescribed
5 therein; provided, that, the method of packing may be modified with the
6 consent of the secretary of state in accordance with regulations promul-
7 gated by the board of pharmacy. Whenever a drug is recognized in both
8 the United States pharmacopoeia and the homeopathic pharmacopoeia of the
9 United States, it shall be subject to the requirements of the United
10 States pharmacopoeia with respect to packaging and labeling unless it is
11 labeled and offered for sale as a homeopathic drug, in which case it
12 shall be subject to the provisions of the homeopathic pharmacopoeia of
13 the United States, and not to those of the United States pharmacopoeia.
14 h. (1) If it is a drug and its container is so made, formed or filled
15 as to be misleading; (2) if it is an imitation of another drug; (3) if
16 it is offered for sale under the name of another drug; or (4) if it
17 bears a copy, counterfeit, or colorable imitation of the trademark,
18 label, container or identifying name or design of another drug.
19 i. If it is dangerous to health when used in the dosage, or with the
20 frequency or duration prescribed, recommended or suggested in the label-
21 ing thereof.
22 j. Except as required by article thirty-three of the public health
23 law, the labeling provisions of this subarticle shall not apply to the
24 compounding and dispensing of drugs on the written prescription of a
25 physician, a dentist, a podiatrist or a veterinarian, which prescription
26 when filled shall be kept on file for at least five years by the pharma-
27 cist or druggist. Such drug shall bear a label containing the name and
28 place of business of the dispenser, the serial number and date of the
29 prescription, directions for use as may be stated in the prescription,
30 name and address of the patient and the name of the physician or other
31 practitioner authorized by law to issue the prescription. In addition,
32 such label shall contain the proprietary or brand name of the drug and,
33 if applicable, the strength of the contents, unless the person issuing
34 the prescription explicitly states on the prescription, in his or her
35 own handwriting, that the name of the drug and the strength thereof
36 should not appear on the label.
37 § 1368. Omitting to label drugs, or labeling them wrongly. 1. a. Any
38 person, who, in putting up any drug, medicine, or food or preparation
39 used in medical practice, or making up any prescription, or filling any
40 order for drugs, medicines, food or preparation puts any untrue label,
41 stamp or other designation of contents upon any box, bottle or other
42 package containing a drug, medicine, food or preparation used in medical
43 practice, or substitutes or dispenses a different article for or in lieu
44 of any article prescribed, ordered, or demanded, except where required
45 pursuant to section thirteen hundred sixty-nine of this subarticle, or
46 puts up a greater or lesser quantity of any ingredient specified in any
47 such prescription, order or demand than that prescribed, ordered or
48 demanded, except where required pursuant to paragraph (g) of subdivision
49 two of section three hundred sixty-five-a of the social services law, or
50 otherwise deviates from the terms of the prescription, order or demand
51 by substituting one drug for another, except where required pursuant to
52 section thirteen hundred sixty-nine of this subarticle, is guilty of a
53 misdemeanor; provided, however, that except in the case of physicians'
54 prescriptions, nothing herein contained shall be deemed or construed to
55 prevent or impair or in any manner affect the right of an apothecary,
56 druggist, pharmacist or other person to recommend the purchase of an
S. 1407 224 A. 2107
1 article other than that ordered, required or demanded, but of a similar
2 nature, or to sell such other article in place or in lieu of an article
3 ordered, required or demanded, with the knowledge and consent of the
4 purchaser. Upon a second conviction for a violation of this section the
5 offender must be sentenced to the payment of a fine not to exceed one
6 thousand dollars and may be sentenced to imprisonment for a term not to
7 exceed one year. The third conviction of a violation of any of the
8 provisions of this section, in addition to rendering the offender liable
9 to the penalty prescribed by law for a second conviction, shall forfeit
10 any right which he may possess under the law of this state at the time
11 of such conviction, to engage as proprietor, agent, employee or other-
12 wise, in the business of an apothecary, pharmacist, or druggist, or to
13 compound, prepare or dispense prescriptions or orders for drugs, medi-
14 cines or foods or preparations used in medical practice; and the offen-
15 der shall be by reason of such conviction disqualified from engaging in
16 any such business as proprietor, agent, employee or otherwise or
17 compounding, preparing or dispensing medical prescriptions or orders for
18 drugs, medicines, or foods or preparations used in medical practice.
19 b. The provisions of this section shall not apply to the practice of a
20 practitioner who is not the proprietor of a store for the dispensing or
21 retailing of drugs, medicines and poisons, or who is not in the employ
22 of such a proprietor, and shall not prevent practitioners from supplying
23 their patients with such articles as they may deem proper, and except as
24 to the labeling of poisons shall not apply to the sale of medicines or
25 poisons at wholesale when not for the use or consumption by the purchas-
26 er; provided, however, that the sale of medicines or poisons at whole-
27 sale shall continue to be subject to such regulations as from time to
28 time may be lawfully made by the board of pharmacy or by any competent
29 board of health.
30 c. The provisions of this section shall not apply to a limited pharma-
31 cy which prepares a formulary containing the brand names and the generic
32 names of drugs and of manufacturers which it stocks, provided that it
33 furnishes a copy of such formulary to each physician on its staff and
34 the physician signs a statement authorizing the hospital to supply the
35 drug under any generic or non-proprietary name listed therein and in
36 conformity with the regulations of the secretary of state.
37 2. For the purposes set forth in this section, the terms prescription,
38 order or demand shall apply only to those items subject to provisions of
39 subdivision one of section thirteen hundred sixty of this subarticle.
40 The written order of a physician for items not subject to provisions of
41 subdivision one of section thirteen hundred sixty of this subarticle
42 shall be construed to be a direction, a fiscal order or a voucher.
43 § 1369. When substitution is required. 1. A pharmacist shall substi-
44 tute a less expensive drug product containing the same active ingredi-
45 ents, dosage form and strength as the drug product prescribed, ordered
46 or demanded, provided that the following conditions are met:
47 (a) The prescription is written on a form which meets the requirements
48 of subdivision six of section thirteen hundred sixty of this subarticle
49 and the prescriber does not prohibit substitution, or in the case of
50 oral prescriptions, the prescriber must expressly state whether substi-
51 tution is to be permitted or prohibited. Any oral prescription that does
52 not include such an express statement shall not be filled; and
53 (b) The substituted drug product is contained in the list of drug
54 products established pursuant to paragraph (o) of subdivision one of
55 section two hundred six of the public health law; and
S. 1407 225 A. 2107
1 (c) The pharmacist shall indicate on the label affixed to the immedi-
2 ate container in which the drug is sold or dispensed the name and
3 strength of the drug product and its manufacturer unless the prescriber
4 specifically states otherwise. The pharmacist shall record on the
5 prescription form the brand name or the name of the manufacturer of the
6 drug product dispensed.
7 2. In the event a patient chooses to have a prescription filled by an
8 out of state dispenser, the laws of that state shall prevail.
9 § 1370. New drugs. 1. No person shall sell, deliver, offer for sale,
10 hold for sale, or give away any new drug, unless
11 a. an application with respect thereto has become effective, or in the
12 case of an investigational drug the sponsor has complied with the appli-
13 cable requirements, under the federal food, drug, and cosmetic act, or
14 b. when not subject to such act, such drug has been tested and has not
15 been found to be unsafe or ineffective for use under the conditions
16 prescribed, recommended or suggested in the labeling thereof, and, prior
17 to selling or offering for sale such drug, there has been filed with the
18 department of state an application setting forth
19 (1) full reports of investigations which have been made to show wheth-
20 er or not such drug is safe and effective for use;
21 (2) a full list of the ingredients used as components of such drug;
22 (3) a full statement of the composition of such drug;
23 (4) a full description of the methods used in, and the facilities and
24 controls used for, the manufacture, processing and packing of such
25 drugs;
26 (5) such samples of such drug and of the ingredients used as compo-
27 nents thereof as the board of pharmacy may require; and
28 (6) specimens of the labeling proposed to be used for such drug.
29 2. An application provided for in paragraph b of subdivision one shall
30 become effective on the one hundred eightieth day after the filing ther-
31 eof, except that if the board of pharmacy finds, after due notice to
32 applicant and giving him an opportunity for a hearing, that the drug is
33 not safe and effective for use under the conditions prescribed, recom-
34 mended, or suggested in the proposed labeling thereof, he shall, prior
35 to the effective date of the application, issue an order refusing to
36 permit the application to become effective.
37 3. A drug dispensed on a written or oral prescription of a physician,
38 dentist, podiatrist or veterinarian (except a controlled substance),
39 shall be exempt from the requirements of this section if such drug bears
40 a label containing the name and place of business of the dispenser, the
41 serial number and date of the prescription, directions for use as may be
42 stated in the prescription and the name of the physician, dentist,
43 podiatrist or veterinarian issuing the prescription and the name of the
44 patient. In addition, such drug shall bear a label containing the
45 proprietary or brand name of the drug and, if applicable, the strength
46 of the contents, unless the person issuing the prescription explicitly
47 states on the prescription, in his or her own handwriting, that the name
48 of the drug and the strength thereof should not appear on the label.
49 4. The board of pharmacy shall promulgate regulations for exempting
50 from the operation of this section drugs (and with the concurrence of
51 the commissioner of health, pursuant to article thirty-three of the
52 public health law, controlled substances) intended solely for investiga-
53 tional use by experts qualified by scientific training and experience to
54 investigate the safety and efficacy of drugs and labeled "For Investiga-
55 tional Use Only". Such regulations may, within the discretion of the
S. 1407 226 A. 2107
1 board of pharmacy, among other conditions relating to the protection of
2 the public health, provide for conditioning such exemptions upon:
3 a. The submission to the secretary of state before any clinical test-
4 ing of a new drug is undertaken of reports by the manufacturer or spon-
5 sor of the investigation of such drug, of preclinical tests, including
6 tests on animals of such drug adequate to justify the proposed clinical
7 testing.
8 b. The manufacturer or the sponsor of the investigation of a new drug
9 proposed to be distributed to investigators for clinical testing obtain-
10 ing a signed agreement from each of such investigators that patients to
11 whom the drug is administered will be under his or her personal super-
12 vision, or under the supervision of investigators responsible to him or
13 her, and that he or she will not supply such drug to any other investi-
14 gator or to clinics for administration to human beings; and
15 c. The establishment and maintenance of such records and the making of
16 such reports to the board of pharmacy by the manufacturer or the sponsor
17 of the investigation of such drugs of data including, but not limited
18 to, analytical reports by investigators obtained as the result of such
19 investigational use of such drug as the board of pharmacy finds will
20 enable it to evaluate the safety and effectiveness of such drug in the
21 event of the filing of an application pursuant to subdivision one of
22 this section.
23 5. This section shall not apply to any drug which was licensed under
24 the federal virus, serum, and toxin act of July first, nineteen hundred
25 two (32 Stat. 728) or is licensed under section two hundred sixty-two of
26 the public health service act of July first, nineteen hundred forty-four
27 (58 Stat. 682), or under the federal virus, serums, toxins, antitoxins
28 and analogous products act of March fourth, nineteen hundred thirteen
29 (37 Stat. 832).
30 § 1371. Adulterated and misbranded cosmetics. 1. A cosmetic shall be
31 deemed to be adulterated:
32 a. If it bears or contains any poisonous or deleterious substance
33 which may render it injurious to users under the conditions of use
34 prescribed in the labeling thereof, or under such conditions of use as
35 are customary or usual; provided, that this provision shall not apply to
36 coal-tar hair dye, the label of which bears the following legend
37 conspicuously displayed thereon "Caution--this product contains ingredi-
38 ents which may cause skin irritation on certain individuals and a
39 preliminary test according to accompanying directions should first be
40 made. This product must not be used for dying the eyelashes or eyebrows;
41 to do so may cause blindness", and the labeling of which bears adequate
42 directions for such preliminary testing. For the purposes of this para-
43 graph and paragraph e the term "hair dye" shall not include eyelash dyes
44 or eyebrow dyes.
45 b. If it consists in whole or in part of any filthy, putrid, or decom-
46 posed substance.
47 c. If it has been prepared, packaged, packed, shipped or held in any
48 insanitary condition or in any other condition whereby it may have been
49 rendered injurious to health.
50 d. If its container is composed, in whole or in part, of any poisonous
51 or deleterious substance which may render the contents injurious to
52 health.
53 e. If it is not a hair dye and it bears or contains a coal-tar color
54 other than one from a batch that has been certified in accordance with
55 regulations as provided by this subarticle.
56 2. A cosmetic shall be deemed to be misbranded:
S. 1407 227 A. 2107
1 a. If its labeling is false or misleading in any particular.
2 b. If in package form, unless it bears a label containing (1) the name
3 and place of business of the manufacturer, packer, or distributor; and
4 (2) an accurate statement of the quantity of the contents in terms of
5 weight, measure, or numerical count; provided, that under clause two of
6 this paragraph reasonable variations shall be permitted, and exemptions
7 as to small packages shall be established by regulations.
8 c. If any word, statement, or other information required by or under
9 authority of this subarticle to appear on the label or labeling is not
10 prominently placed thereon with such conspicuousness (as compared with
11 other words, statements, designs, or devices in the labeling) and in
12 such terms as to render it likely to be read and understood by the ordi-
13 nary individual under customary conditions of purchase and use.
14 d. (1) If its container is so made, formed, or filled as to be
15 misleading; or (2) if it bears a copy, counterfeit, or colorable
16 imitation of a trademark, label, or identifying name or design of anoth-
17 er cosmetic.
18 § 1372. Cosmetic samples. 1. No person engaged in the business of
19 selling cosmetics shall provide for the use by or application to custom-
20 ers of any cosmetics, except for use or application to the hand or arm
21 as a sample if such immediate container of cosmetics is to be used by or
22 applied to more than one customer. For the purposes of this section, the
23 term "cosmetic" shall not include perfume or cologne; or samples removed
24 from the immediate container with a single use disposable applicator
25 furnished to each customer; or samples dispensed from a tube, pump,
26 spray or shaker container; or samples or applicators that have been
27 cleansed before each use or application. The provisions of this section
28 shall be deemed to have been satisfied if written instructions on the
29 use or application of cosmetic samples pursuant to this section are
30 clearly and visibly posted at or near the place of display of cosmetic
31 samples. Nothing contained in this section shall prohibit the use or
32 application of cosmetic samples by persons trained to apply cosmetics to
33 customers in accordance with the provisions of this section.
34 2. Notwithstanding any other provision of this subarticle, a violation
35 of this section shall result in a civil penalty of one hundred dollars
36 for the first offense and a civil penalty of two hundred fifty dollars
37 for a second or subsequent offense.
38 § 1373. Regulations making exceptions. The board of pharmacy shall
39 promulgate regulations exempting from any labeling requirement of this
40 subarticle drugs, devices and cosmetics which are, in accordance with
41 the practice of the trade, to be processed, labeled, or repacked in
42 substantial quantities at establishments other than those where
43 originally processed or packed, on condition that such drugs, devices
44 and cosmetics are not adulterated or misbranded under the provisions of
45 this subarticle upon removal from such processing, labeling, or repack-
46 ing establishment.
47 § 1374. Certification of coal-tar colors for drugs and cosmetics. The
48 board of pharmacy shall promulgate regulations providing for the listing
49 of coal-tar colors which are harmless and suitable for use in drugs for
50 purposes of coloring only and for use in cosmetics and for the certif-
51 ication of batches of such colors, with or without harmless diluents.
52 § 1375. Poison schedules; register. 1. The following schedules shall
53 remain in force until revised by the board of pharmacy and approved by
54 the department of state.
55 Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide,
56 chloral hydrate, hydrocyanic acid, strychnine and all other poisonous
S. 1407 228 A. 2107
1 vegetable alkaloids and their salts and oil of bitter almond containing
2 hydrocyanic acid.
3 Schedule B. Aconite, belladonna, cantharides, colchicum, conium cotton
4 root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus,
5 oil of savin, oil of tansy, veratrum viride and their pharmaceutical
6 preparations, arsenical solutions, carbolic acid, chloroform, creosote,
7 croton oil, white precipitate, methyl or wood alcohol, mineral acids,
8 oxalic acid, paris green, salts of lead, salts of zinc, or any drug,
9 chemical or preparation which is liable to be destructive to adult human
10 life in quantities of sixty grains or less.
11 2. It shall be unlawful for any person to sell at retail or to furnish
12 any of the poisons of schedules A and B without affixing or causing to
13 be affixed to the bottle, box, vessel or package, a label with the name
14 of the article and the word "poison" distinctly shown and with the name
15 and place of business of the seller all printed in red ink together with
16 the name of such poisons printed or written thereupon in plain, legible
17 characters.
18 3. Manufacturers and wholesale dealers in drugs, medicines, pharmaceu-
19 tical preparations, chemicals or poisons shall affix or cause to be
20 affixed to every bottle, box, parcel or outer inclosure of any original
21 package containing any of the articles of schedule A a suitable label or
22 brand in red ink with the word "poison" upon it.
23 4. Every person who disposes of or sells at retail or furnishes any
24 poisons included in schedule A shall before delivering the same enter in
25 a book kept for that purpose the date of sale, the name and address of
26 the purchaser, the name and the quantity of the poison, the purpose for
27 which it is purchased and the name of the dispenser. The poison register
28 must be always open for inspection by the proper authorities and must be
29 preserved for at least five years after the last entry. Such person
30 shall not deliver any of the poisons of schedule A or schedule B until
31 he or she has satisfied himself or herself that the purchaser is aware
32 of its poisonous character and that the poison is to be used for a
33 legitimate purpose. The provisions of this subdivision do not apply to
34 the dispensing of drugs or poisons on a doctor's prescription.
35 5. The board of pharmacy may add to or may delete from any of the
36 schedules from time to time as such action becomes necessary for the
37 protection of the public.
38 § 1376. Examinations and investigations. The secretary of state is
39 authorized to conduct examinations and investigations for the purposes
40 of this subarticle through officers and employees of the United States,
41 or through any health, food, or drug officer or employee of any city,
42 county or other political subdivision of this state, duly commissioned
43 by the secretary of state as an officer of the board pf pharmacy.
44 § 1377. Factory inspection. For purposes of enforcement of this
45 subarticle, officers duly designated by the secretary of state are
46 authorized:
47 (1) to enter, at reasonable times, any factory, warehouse or estab-
48 lishment in which drugs, devices or cosmetics are manufactured, proc-
49 essed, packed, or held, for introduction into commerce or are held after
50 such introduction, or to enter any vehicle being used to transport or
51 hold such drugs, devices or cosmetics in commerce; and
52 (2) to inspect, at reasonable times, such factory, warehouse, estab-
53 lishment or vehicle and all pertinent equipment, finished and unfinished
54 materials, containers, and labeling therein.
55 § 1378. Injunction proceedings. In addition to the remedies herein-
56 after provided, the secretary of state is hereby authorized to apply to
S. 1407 229 A. 2107
1 the court of the proper venue for an injunction to restrain any person
2 from (a) introducing or causing to be introduced into commerce any adul-
3 terated or misbranded drug, device or cosmetic; or (b) from introducing
4 or causing to be introduced in commerce any new drug which does not
5 comply with the provisions of this subarticle; or (c) from disseminating
6 or causing to be disseminated a false advertisment, without being
7 compelled to allege or prove that an adequate remedy at law does not
8 exist.
9 § 1379. Proof required in prosecution for certain violations. 1. In
10 an action or proceeding, civil or criminal, against a person for violat-
11 ing such provisions of this subarticle which relate to the possession
12 of, compounding, retailing or dispensing of misbranded, substituted or
13 imitated drugs, poisons or cosmetics, when it shall be necessary that an
14 analysis be made for the purpose of establishing the quality of such
15 drug, poison or cosmetic so as to determine the fact of misbranding,
16 substituting or imitating, then it shall be required to prove at the
17 trial or hearing of such action or proceeding, that the person, taking
18 the same for analysis separated it into two representative parts,
19 hermetically or otherwise effectively and completely sealed, delivered
20 one such sealed part to the seller, manufacturer, wholesaler, pharma-
21 cist, or druggist from whose premises such sample was taken and deliv-
22 ered the other part so sealed to the chemist designated by the state
23 board of pharmacy; and the facts herein required to be proven shall be
24 alleged in the complaint or information by which such action or proceed-
25 ing was begun. The rules of the board shall be proven prima facie by the
26 certificate of the secretary of state.
27 2. Any person accused of violation of any of the provisions of this
28 subarticle relating to adulterating, misbranding, substitution or
29 imitation shall not be prosecuted or convicted or suffer any of the
30 penalties, fines or forfeitures for such violation, if he or she estab-
31 lishes upon the hearing or trial that the drug, device or cosmetic
32 alleged to be adulterated, misbranded, substituted or imitated was
33 purchased by him or her under a written guaranty of the manufacturer or
34 seller to the effect that said drug, device or cosmetic was not adulter-
35 ated or misbranded, within the meaning of this subarticle and proves
36 that he or she has not adulterated, misbranded, substituted or imitated
37 the same, provided the seller has taken due precaution to maintain the
38 standard set for the drug, device or cosmetic. A guaranty, in order to
39 be a defense to a prosecution or to prevent conviction or to afford
40 protection, must state that the drug, device or cosmetic to which it
41 refers is not adulterated, misbranded, substituted or imitated within
42 the meaning of the provisions of this subarticle and must state also the
43 full name and place of business of the manufacturer, wholesaler, jobber
44 or other person from whom the drug, device or cosmetic was purchased,
45 and the date of purchase. The act, omission or failure of any officer,
46 agent or other employee acting for or employed by any person within the
47 scope of his or her authority or employment shall in every case be the
48 act, omission or failure of such person as well as that of the officer,
49 agent or other employee, and such person shall be equally liable for
50 violations of this subarticle by a partnership, association or corpo-
51 ration, and every member of the partnership or association and the
52 directors and general officers of the corporation and the general manag-
53 er of the partnership, association or corporation shall be individually
54 liable and any action, prosecution or proceeding authorized by this
55 subarticle may be brought against any or all of such persons. When any
56 prosecution under this subarticle is made on the complaint of the board
S. 1407 230 A. 2107
1 of pharmacy, any fines collected shall be paid into the state treasury
2 as provided by this subarticle.
3 3. No publisher, radio-broadcast licensee, advertising agency, or
4 agency or medium for the dissemination of advertising, except the
5 manufacturer, packer, distributor, or seller of the commodity to which
6 the false advertisement relates, shall be subject to the penalties
7 provided by this subarticle by reason of the dissemination by him or her
8 of any false advertisement, unless he or she has refused, on the request
9 of the secretary of state, to furnish the secretary the name and post-
10 office address of the manufacturer, packer, distributor, seller or
11 advertising agency, who caused him to disseminate such advertisement.
12 § 1380. Drug retail price lists. 1. Every pharmacy shall compile a
13 drug retail price list, which shall contain the names of the drugs on
14 the list provided by the board of pharmacy and the pharmacy's corre-
15 sponding retail prices for each drug. Every pharmacy shall update its
16 drug retail list at least weekly. Every pharmacy shall provide the drug
17 retail price list to any person upon request.
18 2. a. The list provided by the board shall be prepared at least annu-
19 ally by the board of pharmacy and distributed to each pharmacy in the
20 state. The list shall be a compendium of the one hundred fifty most
21 frequently prescribed drugs together with their usual dosages for which
22 a prescription is required by the provisions of the "Federal Food, Drug,
23 and Cosmetic Act" (21 U.S.C. 301, et seq.; 52 Stat. 1040, et seq.), as
24 amended, or by the commissioner of health. The board of pharmacy shall
25 make the compendium list available to each pharmacy free of charge, both
26 in printed form and in an electronic form that can be used to produce
27 the pharmacy's drug retail list.
28 b. The drug retail price list shall contain a notice which shall read:
29 "Consult your pharmacist for the selection of the most economical drug
30 product available to fill your prescription"
31 3. The pharmacy's corresponding retail price means the actual price to
32 be paid by a retail purchaser to the pharmacy for any listed drug at the
33 listed dosage.
34 4. Pharmacies shall have a sign notifying people of the availability
35 of the drug retail price list, conspicuously posted at or adjacent to
36 the place in the pharmacy where prescriptions are presented for
37 compounding and dispensing, in the waiting area for customers, or in the
38 area where prescribed drugs are delivered.
39 5. Nothing contained herein shall prevent a pharmacy from changing and
40 charging the current retail price at any time, provided that the listed
41 price is updated at least weekly to reflect the new retail price.
42 6. The secretary of state shall make regulations necessary to imple-
43 ment this section, including how this section is applied to mail-order
44 and internet pharmacies.
45 § 1381. Mandatory continuing education. 1. (a) Each licensed pharma-
46 cist required under subarticle one of this article to register trienni-
47 ally with the department of state to practice in the state shall comply
48 with provisions of the mandatory continuing education requirements
49 prescribed in subdivision two of this section except as set forth in
50 paragraphs (b) and (c) of this subdivision. Pharmacists who do not
51 satisfy the mandatory continuing education requirements shall not prac-
52 tice until they have met such requirements, and they have been issued a
53 registration certificate, except that a pharmacist may practice without
54 having met such requirements if he or she is issued a conditional regis-
55 tration certificate pursuant to subdivision three of this section.
S. 1407 231 A. 2107
1 (b) Pharmacists shall be exempt from the mandatory continuing educa-
2 tion requirement for the triennial registration period during which they
3 are first licensed. In accord with the intent of this section, adjust-
4 ment to the mandatory continuing education requirement may be granted by
5 the department of state for reasons of health certified by an appropri-
6 ate health care professional, for extended active duty with the armed
7 forces of the United States, or for other good cause acceptable to the
8 department of state which may prevent compliance.
9 (c) A licensed pharmacist not engaged in practice as determined by the
10 department of state, shall be exempt from the mandatory continuing
11 education requirement upon the filing of a statement with the department
12 of state declaring such status. Any licensee who returns to the practice
13 of pharmacy during the triennial registration period shall notify the
14 department of state prior to reentering the profession and shall meet
15 such mandatory education requirements as shall be prescribed by regu-
16 lations of the secretary of state.
17 2. During each triennial registration period an applicant for regis-
18 tration shall complete a minimum of forty-five hours of acceptable
19 formal continuing education, as specified in subdivision four of this
20 section, provided that no more than twenty-two hours of such continuing
21 education shall consist of self-study courses. A licensee who has not
22 satisfied the mandatory continuing education requirements shall not be
23 issued a triennial registration certificate by the department of state
24 and shall not practice unless and until a conditional registration
25 certificate is issued as provided for in subdivision three of this
26 section. Continuing education hours taken during one triennium may not
27 be transferred to a subsequent triennium.
28 3. The department of state, in its discretion, may issue a conditional
29 registration to a licensee who fails to meet the continuing education
30 requirements established in subdivision two of this section but who
31 agrees to make up any deficiencies and complete any additional education
32 which the department may require. The fee for such a conditional regis-
33 tration shall be the same as, and in addition to, the fee for the trien-
34 nial registration. The duration of such conditional registration shall
35 be determined by the department of state but shall not exceed one year.
36 Any licensee who is notified of the denial of registration for failure
37 to submit evidence, satisfactory to the department of state, of required
38 continuing education and who practices pharmacy without such registra-
39 tion, may be subject to disciplinary proceedings pursuant to section
40 nine hundred forty-four of this article.
41 4. As used in subdivision two of this section, "acceptable formal
42 continuing education" shall mean formal courses of learning which
43 contribute to professional practice in pharmacy and which meet the stan-
44 dards prescribed by regulations of the secretary of state. The depart-
45 ment of state may, in its discretion and as needed to contribute to the
46 health and welfare of the public, require the completion of continuing
47 education courses in specific subjects. To fulfill this mandatory
48 continuing education requirement, courses must be taken from a sponsor
49 approved by the department of state, pursuant to the regulations of the
50 secretary of state.
51 5. Pharmacists shall maintain adequate documentation of completion of
52 acceptable formal continuing education and shall provide such documenta-
53 tion at the request of the department of state. Failure to provide such
54 documentation upon the request of the department of state shall be an
55 act of misconduct subject to disciplinary proceedings pursuant to
56 section nine hundred forty-four of this article.
S. 1407 232 A. 2107
1 6. The mandatory continuing education fee shall be forty-five dollars,
2 shall be payable on or before the first day of each triennial registra-
3 tion period, and shall be paid in addition to the triennial registration
4 fee required by section thirteen hundred fifty-five of this subarticle.
5 SUBARTICLE 8
6 NURSING
7 Section 1400. Introduction.
8 1401. Definitions.
9 1402. Definition of practice of nursing.
10 1403. Practice of nursing and use of title "registered profes-
11 sional nurse" or "licensed practical nurse".
12 1404. State board for nursing.
13 1405. Requirements for a license as a registered professional
14 nurse.
15 1406. Requirements for a license as a licensed practical nurse.
16 1407. Limited permits.
17 1408. Exempt persons.
18 1409. Special provision.
19 1410. Certificates for nurse practitioner practice.
20 § 1400. Introduction. This subarticle applies to the profession of
21 nursing. The general provisions for all professions contained in subar-
22 ticle one of this article apply to this subarticle.
23 § 1401. Definitions. As used in this subarticle:
24 1. "Diagnosing" in the context of nursing practice means that iden-
25 tification of and discrimination between physical and psychosocial signs
26 and symptoms essential to effective execution and management of the
27 nursing regimen. Such diagnostic privilege is distinct from a medical
28 diagnosis.
29 2. "Treating" means selection and performance of those therapeutic
30 measures essential to the effective execution and management of the
31 nursing regimen, and execution of any prescribed medical regimen.
32 3. "Human Responses" means those signs, symptoms and processes which
33 denote the individual's interaction with an actual or potential health
34 problem.
35 4. "Board" means the state board of nursing.
36 § 1402. Definition of practice of nursing. 1. The practice of the
37 profession of nursing as a registered professional nurse is defined as
38 diagnosing and treating human responses to actual or potential health
39 problems through such services as casefinding, health teaching, health
40 counseling, and provision of care supportive to or restorative of life
41 and well-being, and executing medical regimens prescribed by a licensed
42 physician, dentist or other licensed health care provider legally
43 authorized under this article and in accordance with the regulations of
44 the secretary of state. A nursing regimen shall be consistent with and
45 shall not vary any existing medical regimen.
46 2. The practice of nursing as a licensed practical nurse is defined as
47 performing tasks and responsibilities within the framework of casefind-
48 ing, health teaching, health counseling, and provision of supportive and
49 restorative care under the direction of a registered professional nurse
50 or licensed physician, dentist or other licensed health care provider
51 legally authorized under this article and in accordance with the regu-
52 lations of the secretary of state.
53 3. (a) The practice of registered professional nursing by a nurse
54 practitioner, certified under section fourteen hundred ten of this
S. 1407 233 A. 2107
1 subarticle, may include the diagnosis of illness and physical conditions
2 and the performance of therapeutic and corrective measures within a
3 specialty area of practice, in collaboration with a licensed physician
4 qualified to collaborate in the specialty involved, provided such
5 services are performed in accordance with a written practice agreement
6 and written practice protocols. The written practice agreement shall
7 include explicit provisions for the resolution of any disagreement
8 between the collaborating physician and the nurse practitioner regarding
9 a matter of diagnosis or treatment that is within the scope of practice
10 of both. To the extent the practice agreement does not so provide, then
11 the collaborating physician's diagnosis or treatment shall prevail.
12 (b) Prescriptions for drugs, devices and immunizing agents may be
13 issued by a nurse practitioner, under this subdivision and section four-
14 teen hundred ten of this subarticle, in accordance with the practice
15 agreement and practice protocols. The nurse practitioner shall obtain a
16 certificate from the department of state upon successfully completing a
17 program including an appropriate pharmacology component, or its equiv-
18 alent, as established by the regulations of the secretary of state,
19 prior to prescribing under this subdivision. The certificate issued
20 under section fourteen hundred ten of this subarticle shall state wheth-
21 er the nurse practitioner has successfully completed such a program or
22 equivalent and is authorized to prescribe under this subdivision.
23 (c) Each practice agreement shall provide for patient records review
24 by the collaborating physician in a timely fashion but in no event less
25 often than every three months. The names of the nurse practitioner and
26 the collaborating physician shall be clearly posted in the practice
27 setting of the nurse practitioner.
28 (d) The practice protocol shall reflect current accepted medical and
29 nursing practice. The protocols shall be filed with the department of
30 state within ninety days of the commencement of the practice and may be
31 updated periodically. The secretary of state shall make regulations
32 establishing the procedure for the review of protocols and the disposi-
33 tion of any issues arising from such review.
34 (e) No physician shall enter into practice agreements with more than
35 four nurse practitioners who are not located on the same physical prem-
36 ises as the collaborating physician.
37 (f) Nothing in this subdivision shall be deemed to limit or diminish
38 the practice of the profession of nursing as a registered professional
39 nurse under this subarticle or any other law, rule, regulation or
40 certification, nor to deny any registered professional nurse the right
41 to do any act or engage in any practice authorized by this subarticle or
42 any other law, rule, regulation or certification.
43 (g) The provisions of this subdivision shall not apply to any activity
44 authorized, pursuant to statute, rule or regulation, to be performed by
45 a registered professional nurse in a hospital as defined in article
46 twenty-eight of the public health law.
47 § 1403. Practice of nursing and use of title "registered professional
48 nurse" or "licensed practical nurse". Only a person licensed or other-
49 wise authorized under this subarticle shall practice nursing and only a
50 person licensed under section fourteen hundred five of this subarticle
51 shall use the title "registered professional nurse" and only a person
52 licensed under section fourteen hundred six of this subarticle shall use
53 the title "licensed practical nurse".
54 § 1404. State board for nursing. A state board for nursing shall be
55 appointed by the secretary of state for the purpose of assisting the
56 secretary of state and the department of state on matters of profes-
S. 1407 234 A. 2107
1 sional licensing and professional conduct in accordance with section
2 nine hundred twenty-two of this article. The board shall be composed of
3 not less than fifteen members, eleven of whom shall be registered
4 professional nurses and four of whom shall be licensed practical nurses
5 all licensed and practicing in this state for at least five years. An
6 executive secretary to the board shall be appointed by the secretary of
7 state and shall be a registered professional nurse registered in this
8 state.
9 § 1405. Requirements for a license as a registered professional nurse.
10 To qualify for a license as a registered professional nurse, an appli-
11 cant shall fulfill the following requirements:
12 (1) Application: file an application with the department of state;
13 (2) Education: have received an education, and a diploma or degree in
14 professional nursing, in accordance with the regulations of the secre-
15 tary of state;
16 (3) Experience: meet no requirement as to experience;
17 (4) Examination: pass an examination satisfactory to the board and in
18 accordance with the regulations of the secretary of state;
19 (5) Age: be at least eighteen years of age;
20 (6) Citizenship: meet no requirement as to United States citizenship;
21 (7) Character: be of good moral character as determined by the depart-
22 ment of state; and
23 (8) Fees: pay a fee of one hundred fifteen dollars to the department
24 of state for admission to a department conducted examination and for an
25 initial license, a fee of forty-five dollars for each reexamination, a
26 fee of seventy dollars for an initial license for persons not requiring
27 admission to a department conducted examination, and a fee of fifty
28 dollars for each triennial registration period.
29 § 1406. Requirements for a license as a licensed practical nurse. To
30 qualify for a license as a licensed practical nurse, an applicant shall
31 fulfill these requirements:
32 (1) Application: file an application with the department of state;
33 (2) Education: have received an education including completion of high
34 school or its equivalent, and have completed a program in practical
35 nursing, in accordance with the regulations of the secretary of state,
36 or completion of equivalent study satisfactory to the department of
37 state in a program conducted by the armed forces of the United States or
38 in an approved program in professional nursing;
39 (3) Experience: meet no requirement as to experience;
40 (4) Examination: pass an examination satisfactory to the board and in
41 accordance with the regulations of the secretary of state, provided,
42 however, that the educational requirements set forth in subdivision two
43 of this section are met prior to admission for the licensing examina-
44 tion;
45 (5) Age: be at least seventeen years of age;
46 (6) Citizenship: meet no requirements as to United States citizenship;
47 (7) Character: be of good moral character as determined by the depart-
48 ment of state; and
49 (8) Fees: pay a fee of one hundred fifteen dollars to the department
50 of state for admission to a department conducted examination and for an
51 initial license, a fee of forty-five dollars for each reexamination, a
52 fee of seventy dollars for an initial license for persons not requiring
53 admission to a department conducted examination, and a fee of fifty
54 dollars for each triennial registration period.
55 § 1407. Limited permits. 1. A permit to practice as a registered
56 professional nurse or a permit to practice as a licensed practical nurse
S. 1407 235 A. 2107
1 may be issued by the department of state upon the filing of an applica-
2 tion for a license as a registered professional nurse or as a licensed
3 practical nurse and submission of such other information as the depart-
4 ment of state may require to (i) graduates of schools of nursing regis-
5 tered by the department of state, (ii) graduates of schools of nursing
6 approved in another state, province, or country or (iii) applicants for
7 a license in practical nursing whose preparation is determined by the
8 department of state to be the equivalent of that required in this state.
9 2. Such limited permit shall expire one year from the date of issuance
10 or upon notice to the applicant by the department of state that the
11 application for license has been denied, or ten days after notification
12 to the applicant of failure on the professional licensing examination,
13 whichever shall first occur. Notwithstanding the foregoing provisions
14 of this subdivision, if the applicant is waiting the result of a licens-
15 ing examination at the time such limited permit expires, such permit
16 shall continue to be valid until ten days after notification to the
17 applicant of the results of such examination.
18 3. A limited permit shall entitle the holder to practice nursing only
19 under the supervision of a nurse currently registered in this state and
20 with the endorsement of the employing agency.
21 4. Fees. The fee for each limited permit shall be thirty-five dollars.
22 5. Graduates of schools of nursing registered by the department of
23 state may be employed to practice nursing under supervision of a profes-
24 sional nurse currently registered in this state and with the endorsement
25 of the employing agency for ninety days immediately following graduation
26 from a program in nursing and pending receipt of a limited permit for
27 which an application has been filed as provided in this section.
28 § 1408. Exempt persons. 1. This subarticle shall not be construed:
29 a. As prohibiting (i) the domestic care of the sick, disabled or
30 injured by any family member, household member or friend, or person
31 employed primarily in a domestic capacity who does not hold himself or
32 herself out, or accept employment as a person licensed to practice nurs-
33 ing under the provision of this subarticle; provided that if such person
34 is remunerated, the person does not hold himself or herself out as one
35 who accepts employment for performing such care; or
36 (ii) any person from the domestic administration of family remedies;
37 or
38 (iii) the providing of care by a person acting in the place of a
39 person exempt under subparagraph (i) of this subparagraph, but who does
40 hold himself or herself out as one who accepts employment for performing
41 such care, where nursing services are under the instruction of a
42 licensed nurse, or under the instruction of a patient or family or
43 household member determined by a registered professional nurse to be
44 self-directing and capable of providing such instruction, and any remun-
45 eration is provided under section three hundred sixty-five-f of the
46 social services law; or
47 (iv) the furnishing of nursing assistance in case of an emergency;
48 b. As including services given by attendants in institutions under the
49 jurisdiction of or subject to the visitation of the state department of
50 mental hygiene if adequate medical and nursing supervision is provided;
51 c. As prohibiting such performance of nursing service by students
52 enrolled in registered schools or programs as may be incidental to their
53 course of study;
54 d. As prohibiting or preventing the practice of nursing in this state
55 by any legally qualified nurse or practical nurse of another state,
56 province, or country whose engagement requires him or her to accompany
S. 1407 236 A. 2107
1 and care for a patient temporarily residing in this state during the
2 period of such engagement provided such person does not represent or
3 hold himself or herself out as a nurse or practical nurse registered to
4 practice in this state;
5 e. As prohibiting or preventing the practice of nursing in this state
6 during an emergency or disaster by any legally qualified nurse or prac-
7 tical nurse of another state, province, or country who may be recruited
8 by the American National Red Cross or pursuant to authority vested in
9 the state civil defense commission for such emergency or disaster
10 service, provided such person does not represent or hold himself or
11 herself out as a nurse or practical nurse registered to practice in this
12 state;
13 f. As prohibiting or preventing the practice of nursing in this
14 state, in obedience to the requirements of the laws of the United
15 States, by any commissioned nurse officer in the armed forces of the
16 United States or by any nurse employed in the United States veterans
17 administration or United States public health service while engaged in
18 the performance of the actual duties prescribed for him or her under the
19 United States statutes, provided such person does not represent or hold
20 himself or herself out as a nurse registered to practice in this state;
21 or
22 g. As prohibiting the care of the sick when done in connection with
23 the practice of the religious tenets of any church.
24 § 1409. Special provision. 1. Notwithstanding any inconsistent
25 provision of any general, special, or local law, any licensed registered
26 professional nurse or licensed practical nurse who voluntarily and with-
27 out the expectation of monetary compensation renders first aid or emer-
28 gency treatment at the scene of an accident or other emergency, outside
29 a hospital, doctor's office or any other place having proper and neces-
30 sary medical equipment, to a person who is unconscious, ill or injured
31 shall not be liable for damages for injuries alleged to have been
32 sustained by such person or for damages for the death of such person
33 alleged to have occurred by reason of an act or omission in the render-
34 ing of such first aid or emergency treatment unless it is established
35 that such injuries were or such death was caused by gross negligence on
36 the part of such registered professional nurse or licensed practical
37 nurse. Nothing in this subdivision shall be deemed or construed to
38 relieve a licensed registered professional nurse or licensed practical
39 nurse from liability for damages for injuries or death caused by an act
40 or omission on the part of such nurse while rendering professional
41 services in the normal and ordinary course of his or her practice.
42 2. Nothing in this subarticle shall be construed to confer the author-
43 ity to practice medicine or dentistry.
44 3. A certified nurse practitioner may prescribe and order a non-pa-
45 tient specific regimen to a registered professional nurse, pursuant to
46 regulations promulgated by the secretary of state, consistent with
47 subdivision three of section fourteen hundred two of this subarticle,
48 and consistent with the public health law, for:
49 (a) administering immunizations.
50 (b) the emergency treatment of anaphylaxis.
51 (c) administering purified protein derivative (PPD) tests.
52 4. A registered professional nurse may execute a non-patient specific
53 regimen prescribed or ordered by a licensed physician or certified nurse
54 practitioner, pursuant to regulations promulgated by the secretary of
55 state.
S. 1407 237 A. 2107
1 5. A registered professional nurse defined under subdivision one of
2 section fourteen hundred two of this subarticle may use accepted classi-
3 fications of signs, symptoms, dysfunctions and disorders, including, but
4 not limited to, classifications used in the practice setting for the
5 purpose of providing mental health services.
6 § 1410. Certificates for nurse practitioner practice. 1. For issuance
7 of a certificate to practice as a nurse practitioner under subdivision
8 three of section fourteen hundred two of this subarticle, the applicant
9 shall fulfill the following requirements:
10 (a) Application: file an application with the department of state;
11 (b) License: be licensed as a registered professional nurse in the
12 state;
13 (c) Education: (i) have satisfactorily completed educational prepara-
14 tion for provision of these services in a program registered by the
15 department of state or in a program determined by the department to be
16 the equivalent; or
17 (ii) submit evidence of current certification by a national certifying
18 body, recognized by the department of state; or
19 (iii) meet such alternative criteria as established by the regulations
20 of the secretary of state;
21 (d) Fees: pay a fee to the department of state of fifty dollars for
22 each initial certificate authorizing nurse practitioner practice in a
23 specialty area and a triennial registration fee of thirty dollars.
24 Registration under this section shall be coterminous with the nurse
25 practitioner's registration as a professional nurse.
26 2. Only a person certified under this section shall use the title
27 "nurse practitioner".
28 3. The provisions of this section shall not apply to any act or prac-
29 tice authorized by any other law, rule, regulation or certification.
30 4. The provisions of this section shall not apply to any activity
31 authorized, pursuant to statute, rule or regulation, to be performed by
32 a registered professional nurse in a hospital as defined in article
33 twenty-eight of the public health law.
34 5. The secretary of state is authorized to promulgate regulations to
35 implement the provisions of this section.
36 SUBARTICLE 9
37 PROFESSIONAL MIDWIFERY PRACTICE ACT
38 Section 1450. Introduction.
39 1451. Definition of practice of midwifery.
40 1452. Practice of midwifery.
41 1453. Use of title "midwife".
42 1454. State board of midwifery.
43 1455. Requirements for a professional license.
44 1456. Prior nurse-midwifery certification.
45 1457. Exempt persons.
46 1458. Limited permit.
47 § 1450. Introduction. This subarticle applies to the profession of
48 midwifery. The general provisions for all professions contained in
49 subarticle one of this article apply to this subarticle.
50 § 1451. Definition of practice of midwifery. 1. The practice of the
51 profession of midwifery is defined as the management of normal pregnan-
52 cies, child birth and postpartum care as well as primary preventive
53 reproductive health care of essentially healthy women as specified in
54 the written practice agreement, and shall include newborn evaluation,
S. 1407 238 A. 2107
1 resuscitation and referral for infants. Midwifery shall be practiced in
2 accordance with a written agreement between the midwife and (i) a
3 licensed physician who is board certified as an obstetrician-gynecolo-
4 gist by a national certifying body or (ii) a licensed physician who
5 practices obstetrics and has obstetric privileges at a general hospital
6 (licensed under article twenty-eight of the public health law) or (iii)
7 a hospital (licensed under article twenty-eight of the public health
8 law) that provides obstetrics through a licensed physician having
9 obstetrical privileges at such institution. The written agreement shall
10 provide for physician consultation, collaboration, referral and emergen-
11 cy medical obstetrical coverage, and shall include written guidelines
12 and protocols. The written agreement shall provide guidelines for the
13 identification of pregnancies that are not considered normal and address
14 the procedures to be followed. The written agreement shall also provide
15 a mechanism for dispute resolution and shall provide that the judgment
16 of the appropriate physician shall prevail as to whether the pregnancy,
17 childbirth or postpartum care is normal and whether the woman is essen-
18 tially healthy in the event the practice protocols do not provide other-
19 wise.
20 2. A licensed midwife shall have the authority, as necessary, and
21 limited to the practice of midwifery, and subject to limitations in the
22 written agreement, to prescribe and administer drugs, immunizing agents,
23 diagnostic tests and devices, and to order laboratory tests, as estab-
24 lished by the board in accordance with the regulations of the secretary
25 of state. A midwife shall obtain a certificate from the department of
26 state upon successfully completing a program including a pharmacology
27 component, or its equivalent, as established by the regulations of the
28 secretary of state prior to prescribing under this section.
29 3. Any reference to midwifery, midwife, certified nurse-midwifery or
30 certified nurse-midwife, nurse-midwifery or nurse-midwife under the
31 provisions of this subarticle, this article or any other law, shall
32 refer to and include the profession of midwifery and a licensed midwife,
33 unless the context clearly requires otherwise.
34 § 1452. Practice of midwifery. Only a person licensed or exempt under
35 this subarticle or authorized by any other section of law shall practice
36 midwifery.
37 § 1453. Use of title "midwife". Only a person licensed or exempt under
38 this subarticle shall use the title "midwife". Only a person licensed
39 under both this subarticle and subarticle eight of this article may use
40 the title "nurse-midwife".
41 § 1454. State board of midwifery. 1. The state board of midwifery
42 shall be appointed by the secretary of state for the purpose of assist-
43 ing the secretary of state on matters of professional licensing and
44 professional conduct in accordance with section nine hundred twenty-two
45 of this article. The board shall be composed of thirteen individuals.
46 Initial appointments to the board shall be such that the terms shall be
47 staggered. However, no members shall serve more than two terms.
48 2. (a) (1) Seven members of the board shall be persons licensed or
49 exempt under this section.
50 (2) One member of the board shall be an educator of midwifery.
51 (b) Two members of the board shall be individuals who are licensed
52 physicians who are also certified as obstetrician/gynecologists by a
53 national certifying body.
54 (c) One member of the board shall be an individual licensed as a
55 physician who practices family medicine including obstetrics.
S. 1407 239 A. 2107
1 (d) One member of the board shall be an individual licensed as a
2 physician who practices pediatrics.
3 (e) One member of the board shall be an individual not possessing
4 either licensure or training in medicine, midwifery, pharmacology or
5 nursing and shall represent the public at large.
6 3. For purposes of this subarticle, "board" means the state board of
7 midwifery created under this section unless the context clearly indi-
8 cates otherwise.
9 § 1455. Requirements for a professional license. To qualify for a
10 license as a midwife, an applicant shall fulfill the following require-
11 ments:
12 1. Application: file an application with the department of state.
13 2. Education: satisfactorily;
14 (a) complete educational preparation (degree or diploma granting) for
15 the practice of nursing, followed by or concurrently with educational
16 preparation for the practice of midwifery in accordance with the regu-
17 lations of the secretary of state, or
18 (b) submit evidence of license or certification, the educational prep-
19 aration for which is determined by the department of state to be equiv-
20 alent to the foregoing, from any state or country, satisfactory to the
21 department and in accordance with the regulations of the secretary of
22 state, or
23 (c) complete a program determined by the department of state to be
24 equivalent to the foregoing and in accordance with the regulations of
25 the secretary of state.
26 3. Examination: pass an examination satisfactory to the department of
27 state and in accordance with the regulations of the secretary of state.
28 4. Age: be at least twenty-one years of age.
29 5. Character: be of good moral character as determined by the depart-
30 ment of state.
31 6. Citizenship or immigration status: be a United States citizen or an
32 alien lawfully admitted for permanent residence in the United States.
33 7. Fee: pay a fee of one hundred ninety dollars to the department of
34 state for admission to a department conducted examination for an initial
35 license, a fee of one hundred dollars for each re-examination, a fee of
36 one hundred fifteen dollars for an initial license for persons not
37 requiring admission to a department conducted examination, a fee of one
38 hundred eighty dollars for each triennial registration period and a fee
39 of seventy dollars for a limited permit.
40 § 1456. Prior nurse-midwifery certification. Any individual who is
41 certified as a nurse-midwife pursuant to former section twenty-five
42 hundred sixty of the public health law before June first, nineteen
43 hundred ninety-six, shall be deemed to be licensed as a midwife under
44 this subarticle; provided that each such certified nurse-midwife shall,
45 prior to that date, submit evidence of such certification to the depart-
46 ment of state together with the appropriate fee required by subdivision
47 seven of section fourteen hundred fifty-five of this subarticle.
48 § 1457. Exempt persons. Nothing in this subarticle shall be construed
49 to affect, prevent or in any manner expand or limit any duty or respon-
50 sibility of a licensed physician from practicing midwifery or affect or
51 prevent a medical student or midwifery student in clinical practice
52 under the supervision of a licensed physician or board certified
53 obstetrician/gynecologist or licensed midwife practicing pursuant to the
54 provisions of former section twenty-five hundred sixty of the public
55 health law in pursuance of an educational program registered by the
56 department of state from engaging in such practice.
S. 1407 240 A. 2107
1 § 1458. Limited permit. 1. A limited permit to practice midwifery may
2 be granted for a period not to exceed twelve months to an individual who
3 has to the satisfaction of the department of state met all the require-
4 ments of section fourteen hundred fifty-five of this subarticle, but has
5 not yet passed the examination required by subdivision three of such
6 section.
7 2. A limited permit shall entitle the holder to practice midwifery
8 only under the direct supervision of a licensed physician who is author-
9 ized under section fourteen hundred fifty-one of this subarticle or a
10 licensed midwife.
11 SUBARTICLE 10
12 PODIATRY
13 Section 1500. Introduction.
14 1501. Definition of practice of podiatry.
15 1502. Practice of podiatry and use of title "podiatrist".
16 1503. State board for podiatry.
17 1504. Requirements for a professional license.
18 1505. Exempt persons.
19 1506. Special provision.
20 1507. Limited permits.
21 § 1500. Introduction. This subarticle applies to the profession of
22 podiatry. The general provisions for all professions contained in
23 subarticle one of this article apply to this subarticle.
24 § 1501. Definition of practice of podiatry. 1. The practice of the
25 profession of podiatry is defined as diagnosing, treating, operating and
26 prescribing for any disease, injury, deformity or other condition of the
27 foot, and may include performing physical evaluations in conjunction
28 with the provision of podiatric treatment. Podiatrists may treat trau-
29 matic open wound fractures only in hospitals, as defined in article
30 twenty-eight of the public health law.
31 2. The practice of podiatry shall not include treating any part of the
32 human body other than the foot, nor treating fractures of the malleoli
33 or cutting operations upon the malleoli. Podiatrists licensed to prac-
34 tice, but not authorized to prescribe or administer narcotics prior to
35 the effective date of this subdivision, may do so only after certif-
36 ication by the department of state in accordance with the qualifications
37 established by the secretary of state. The practice of podiatry shall
38 include administering only local anesthetics for therapeutic purposes as
39 well as for anesthesia and treatment under general anesthesia adminis-
40 tered by authorized persons.
41 § 1502. Practice of podiatry and use of title "podiatrist". Only a
42 person licensed or exempt under this subarticle shall practice podiatry
43 or use the title "podiatrist" or "chiropodist".
44 § 1503. State board for podiatry. 1. A state board for podiatry shall
45 be appointed by the secretary of state for the purpose of assisting the
46 secretary of state and the department of state on matters of profes-
47 sional licensing and professional conduct in accordance with section
48 nine hundred twenty-two of this article. The board shall be composed of
49 not less than seven podiatrists licensed in this state. An executive
50 secretary to the board shall be appointed by the secretary of state on
51 recommendation of the commissioner.
52 2. For purposes of this subarticle, "board" shall mean the state board
53 for podiatry.
S. 1407 241 A. 2107
1 § 1504. Requirements for a professional license. To qualify for a
2 license as a podiatrist, an applicant shall fulfill the following
3 requirements:
4 (1) Application: file an application with the department of state;
5 (2) Education: have received an education, including a doctoral degree
6 in podiatry, in accordance with the regulations of the secretary of
7 state;
8 (3) Experience: have experience satisfactory to the board and in
9 accordance with the regulations of the secretary of state;
10 (4) Examination: pass an examination satisfactory to the board and in
11 accordance with the regulations of the secretary of state;
12 (5) Age: be at least twenty-one years of age;
13 (6) Citizenship: meet no requirements as to United States citizenship;
14 (7) Character: be of good moral character as determined by the depart-
15 ment of state; and
16 (8) Fees: pay a fee of two hundred twenty dollars to the department of
17 state for admission to a department conducted examination and for an
18 initial license, a fee of one hundred fifteen dollars for each reexam-
19 ination, a fee of one hundred thirty-five dollars for an initial license
20 for persons not requiring admission to a department conducted examina-
21 tion, and a fee of two hundred ten dollars for each triennial registra-
22 tion period.
23 (9) Continuing education: In accordance with the requirements of
24 section nine hundred three of this article, at the time of re-registra-
25 tion with the department of state, each applicant shall present satis-
26 factory evidence to the board that in the years prior to the filing for
27 re-registration he or she attended the education programs conducted by
28 the podiatry society of the state of New York or the equivalent of such
29 educational programs as approved by the board in accordance with the
30 regulations of the secretary of state.
31 § 1505. Exempt persons. Nothing in this subarticle shall be construed
32 to affect or prevent a student from engaging in clinical practice under
33 supervision of a licensed podiatrist in a school of podiatry in this
34 state registered by the department of state.
35 § 1506. Special provision. 1. No corporation, except a hospital
36 corporation authorized under article forty-three of the insurance law or
37 a corporation organized and existing under the laws of the state of New
38 York which, on or before the first day of March, nineteen hundred
39 forty-two, was legally incorporated to practice podiatry, shall practice
40 podiatry, and then only through licensed podiatrists and shall conform
41 to board rules. No corporation organized to practice podiatry shall
42 change its name or sell its franchise or transfer its corporate rights
43 directly or indirectly, by transfer of capital stock control or other-
44 wise, to any person or to another corporation without permission from
45 the department of state and any corporation so changing its name or so
46 transferring its franchise or corporate rights without such permission
47 or found guilty of violating a board rule shall be deemed to have
48 forfeited its right to exist and shall be dissolved by a proceeding
49 brought by the attorney general.
50 2. Any manufacturer or merchant may sell, advertise, fit, or adjust
51 proprietary foot remedies, arch supports, corrective foot appliances or
52 shoes.
53 3. Notwithstanding any inconsistent provision of any general, special
54 or local law, any licensed podiatrist who voluntarily and without the
55 expectation of monetary compensation renders first aid or emergency
56 treatment at the scene of an accident or other emergency, outside of a
S. 1407 242 A. 2107
1 hospital or any other place having proper and necessary medical equip-
2 ment, to a person who is unconscious, ill or injured shall not be liable
3 for damages for injuries alleged to have been sustained by such person
4 or for damages for the death of such person alleged to have occurred by
5 reason of an act or omission in the rendering of such first aid or emer-
6 gency treatment unless it is established that such injuries were or such
7 death was caused by gross negligence on the part of such podiatrist.
8 Nothing in this subdivision shall be deemed or construed to relieve a
9 licensed podiatrist from liability for damages for injuries or death
10 caused by an act or omission on the part of a podiatrist while rendering
11 professional services in the normal and ordinary course of practice.
12 4. An unlicensed person may provide supportive services to a podia-
13 trist incidental to and concurrent with such podiatrist personally
14 performing a service or procedure. Nothing in this subdivision shall be
15 construed to allow an unlicensed person to provide any service which
16 constitutes the practice of podiatry as defined in this subarticle.
17 § 1507. Limited permits. 1. Limited permits to practice podiatry may
18 be issued by the department of state to graduates of a program of
19 professional education in podiatry registered by the department or
20 accredited by an accrediting agency acceptable to the department. Such
21 permits shall authorize the practice of podiatry only under the super-
22 vision of a licensed podiatrist and only in:
23 a. a hospital or health facility licensed pursuant to article twenty-
24 eight of the public health law;
25 b. a clerkship for a period of two years or less conducted by a
26 licensed podiatrist designated as a member of the faculty of an approved
27 school of podiatry for purposes of a preceptorship program; or
28 c. in an approved post-graduate residency training program in podia-
29 tric medicine.
30 2. Limited permits shall be issued for a period of one year, and may
31 be renewed at the discretion of the department of state for one addi-
32 tional year, except that a second renewal may be issued where necessary
33 to permit the completion of an approved post-graduate residency.
34 3. The fee for a limited permit shall be one hundred five dollars and
35 the fee for a renewal shall be fifty dollars.
36 SUBARTICLE 11
37 OPTOMETRY
38 Section 1550. Introduction.
39 1551. Definition of the practice of optometry.
40 1552. Certification to use therapeutic drugs.
41 1553. Practice of optometry and use of title "optometrist".
42 1554. State board for optometry.
43 1555. Requirements for a professional license.
44 1556. Exempt persons.
45 1557. Special provisions.
46 1558. Advertising of non-prescription ready-to-wear magnifying
47 spectacles or glasses.
48 § 1550. Introduction. This subarticle applies to the profession of
49 optometry. The general provisions for all professions contained in
50 subarticle one of this article apply to this subarticle.
51 § 1551. Definition of the practice of optometry. The practice of the
52 profession of optometry is defined as diagnosing and treating optical
53 deficiency, optical deformity, visual anomaly, muscular anomaly or
S. 1407 243 A. 2107
1 disease of the human eye and adjacent tissue by prescribing, providing,
2 adapting or fitting lenses, or by prescribing or providing orthoptics or
3 vision training, or by prescribing and using drugs. The practice of
4 optometry shall not include any injection or invasive modality. For
5 purposes of this section invasive modality means any procedure in which
6 human tissue is cut, altered, or otherwise infiltrated by mechanical or
7 other means. Invasive modality includes surgery, lasers, ionizing radi-
8 ation, therapeutic ultrasound and the removal of foreign bodies from
9 within the tissue of the eye. The use of drugs by optometrists is
10 authorized only in accordance with the provisions of this subarticle and
11 regulations promulgated by the secretary of state.
12 § 1552. Certification to use therapeutic drugs. 1. Definitions. As
13 used in this section, the following terms shall have the following mean-
14 ings:
15 (a) Clinical training. Clinical training shall mean the diagnosis,
16 treatment and management of patients with ocular disease and shall be
17 comparable to that acquired by a current graduate of the State Universi-
18 ty College of Optometry.
19 (b) Consultation. Consultation shall mean a confirmation of the diag-
20 nosis, a plan of co-management of the patient, and a periodic review of
21 the patient's progress.
22 (c) Education review committee. Education review committee shall mean
23 the committee established pursuant to subdivision nine of this section.
24 (d) Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean
25 those drugs which shall be limited to topical applications to the
26 surface of the eye for the purpose of diagnostic examination of the eye
27 and shall be limited to:
28 (i) Anesthetic agents;
29 (ii) Mydriatics;
30 (iii) Cycloplegics;
31 (iv) Miotics;
32 (v) Disclosing agents and other substances used in conjunction with
33 these drugs as part of a diagnostic procedure.
34 (e) Phase one therapeutic pharmaceutical agents. Phase one pharmaceu-
35 tical agents shall mean those drugs which shall be limited to topical
36 application to the surface of the eye for therapeutic purposes and shall
37 be limited to:
38 (i) antibiotic/antimicrobials;
39 (ii) decongestants/anti-allergenics;
40 (iii) non-steroidal anti-inflammatory agents;
41 (iv) steroidal anti-inflammatory agents;
42 (v) antiviral agents;
43 (vi) hyperosmotic/hypertonic agents;
44 (vii) cycloplegics;
45 (viii) artificial tears and lubricants.
46 (f) Phase two therapeutic pharmaceutical agents. Phase two pharmaceu-
47 tical agents shall mean those drugs which shall be limited to topical
48 application to the surface of the eye and shall be limited to:
49 (i) beta blockers;
50 (ii) alpha agonists;
51 (iii) direct acting cholinergic agents.
52 2. Standard of care. An optometrist authorized to use pharmaceutical
53 agents for use in the diagnosis, treatment or prevention of ocular
54 disease shall be held to the same standard of care in diagnosis, use of
55 such agents, and treatment as that degree of skill and proficiency
56 commonly exercised by a physician in the same community.
S. 1407 244 A. 2107
1 3. Certificate. The secretary of state shall issue appropriate certif-
2 icates to use therapeutic pharmaceutical agents in accordance with the
3 provisions of this section to those optometrists who have satisfactorily
4 completed a curriculum in general and ocular pharmacology at a college
5 of optometry with didactic and supervised clinical programs approved by
6 the department of state are eligible to apply for the certificate issued
7 pursuant to this section.
8 4. Phase one therapeutic pharmaceutical agents. (a) Before using or
9 prescribing phase one therapeutic pharmaceutical agents, each optome-
10 trist shall have completed at least three hundred hours of clinical
11 training in the diagnosis, treatment and management of patients with
12 ocular disease other than glaucoma and ocular hypertension and addi-
13 tionally shall either have taken and successfully passed the treatment
14 and management of ocular diseases portion of the National Board of Exam-
15 iners in Optometry test or have taken and successfully passed an exam-
16 ination acceptable to the board.
17 (b) Before using or prescribing phase two therapeutic pharmaceutical
18 agents, an optometrist must be certified for diagnostic and phase one
19 therapeutic agents and have completed an additional one hundred hours of
20 clinical training in the diagnosis, treatment and management of patients
21 with glaucoma and ocular hypertension and shall have taken and success-
22 fully passed an oral or written examination acceptable by the board.
23 (c) The clinical training required by this section may have been
24 acquired prior to the enactment of this section not inconsistent with
25 paragraphs (a) and (b) of this subdivision. Approval of the pre-acquired
26 clinical training shall be in accordance with subdivision nine-a of this
27 section.
28 (d) The provisions of paragraphs (a) and (b) of this subdivision shall
29 not apply to (i) graduates of an appropriate program approved by the
30 department of state who have successfully passed the examination on the
31 use of diagnostic and therapeutic drugs; or (ii) optometrists who have
32 been certified for at least five years to use phase one and phase two
33 drugs in another jurisdiction, have demonstrated such use in independ-
34 ently managed patients, and have been licensed in accordance with
35 section fifteen hundred fifty-five of this subarticle. Provided, howev-
36 er, no optometrist exempt under this paragraph shall be permitted to use
37 phase one therapeutic pharmaceutical agents or phase two therapeutic
38 pharmaceutical agents prior to the general authorization provided to
39 optometrists licensed in this state.
40 5. Suspension of certification. The department of state shall suspend
41 the certification for the use and prescribing of phase one therapeutic
42 agents of any optometrist who fails to receive certification for phase
43 two therapeutic pharmaceutical agents within three years of having been
44 certified for phase one therapeutic pharmaceutical agents.
45 6. Consultation. (a) After the initial diagnosis of glaucoma or ocular
46 hypertension and before initiating treatment of any patient, an optome-
47 trist shall engage in a written consultation with a licensed physician
48 specializing in diseases of the eye.
49 (b) A consultation shall be required for a period of three years or
50 until the optometrist has examined and diagnosed seventy-five patients
51 having glaucoma or ocular hypertension which examinations require a
52 written consultation in accordance with paragraph (a) of this subdivi-
53 sion, whichever occurs later.
54 (c) The consultation provisions shall not apply to a graduate of an
55 appropriate program approved by the department of state who successfully
56 passed an examination in the use of diagnostic and therapeutic pharma-
S. 1407 245 A. 2107
1 ceutical agents approved by the department and graduated such school and
2 who has had at least seventy-five documented examinations and diagnosis
3 of patients with glaucoma or ocular hypertension which examinations were
4 part of their training and were under physician supervision.
5 7. Continuing education. Each optometrist certified to use phase one
6 or phase two therapeutic pharmaceutical agents shall complete a minimum
7 of thirty-six hours of continuing education per triennial registration
8 period. The education shall be in the area of ocular disease and pharma-
9 cology and may include both didactic and clinical components. Such
10 educational programs shall be approved in advance by the department of
11 state and evidence of the completion of this requirement shall be
12 submitted with each application for license renewal as required by
13 section nine hundred three of this article.
14 8. Notice to patient. (a) (i) An optometrist prescribing steroids or
15 antiviral medication shall inform each patient that in the event the
16 condition does not improve within five days, a physician of the
17 patient's choice will be notified.
18 (ii) An optometrist engaged in a written consultation with an ophthal-
19 mologist shall inform a patient diagnosed with glaucoma that the optome-
20 trist will have the diagnosis confirmed and co-managed with an ophthal-
21 mologist of the patient's choice, or one selected by the optometrist.
22 (b) In addition, each optometrist certified to prescribe and use ther-
23 apeutic drugs shall have posted conspicuously in the office reception
24 area the following notice:
25 "Dr. (Name), O.D. is certified by New York State to use drugs to diag-
26 nose and treat diseases of the eye. In the event your condition requires
27 the use of steroids or antiviral medication and your condition does not
28 improve within five days, a physician of your choice will be notified.
29 In the event you are diagnosed with glaucoma, the optometrist will
30 have your diagnosis confirmed and treatment co-managed with an ophthal-
31 mologist (MD) of your choice, or if you wish, one selected by Dr.
32 (Name)."
33 The second paragraph of such notice shall only be required to be
34 included during the period when the optometrist is engaged in a written
35 consultation pursuant to subdivision six of this section.
36 9. Education review committee. An education review committee is hereby
37 created to advise and assist the secretary of state in evaluating pre-
38 acquired clinical training. The members of the committee shall be
39 appointed by the secretary of state. The committee shall consist of five
40 members, two of whom shall be optometrists on the faculty of the SUNY
41 college of optometry, two of whom shall be ophthalmologists who, in
42 addition to being members of the faculty of any approved medical school
43 in this state and not also faculty members of SUNY college of optometry,
44 have surgical privileges at a New York state hospital. The fifth member
45 who shall be designated as chair shall be an expert in the field of
46 public health and shall be neither an ophthalmologist nor an optome-
47 trist.
48 The secretary of state shall submit each application to the committee
49 for its review and recommendation. In making such recommendation, the
50 committee shall advise as to the number of hours of pre-acquired clin-
51 ical training, if any, to be approved, based upon the information
52 submitted with the application. In evaluating such training, the commit-
53 tee shall be authorized to require the submission of such reasonable
54 documentation needed to facilitate the committee's review of the adequa-
55 cy and relevance of such training.
S. 1407 246 A. 2107
1 9-a. Pre-acquired clinical training. (a) Each optometrist requesting
2 approval of pre-acquired clinical training shall submit a written appli-
3 cation to the department of state. The secretary of state, in consulta-
4 tion with the education review committee may provide credit for the
5 following:
6 (i) clinical training acquired at an institution accredited by a
7 regional or professional accreditation organization which is recognized
8 or approved by the United States Department of Education and the depart-
9 ment;
10 (ii) clinical training acquired at a facility licensed by the state of
11 New York in accordance with article twenty-eight of the public health
12 law or at a comparable facility located in another state or country
13 provided the licensing requirements or accreditation requirements of
14 such institution are comparable to those of New York state;
15 (iii) hospital affiliations, including rounds and patient management
16 for applicants having staff privileges at such facility;
17 (iv) consultation and co-management with ophthalmologists of patients
18 with ocular disease and post-surgery recovery;
19 (v) postdoctoral accredited residency or fellowship programs;
20 (vi) experience at an accredited educational institution as a faculty
21 instructor in clinical practice, ocular disease management and pharma-
22 cology;
23 (vii) experience in other states in which the applicant has been
24 certified to use therapeutic pharmaceutical agents.
25 (b) Any optometrist disagreeing with the recommendation of the educa-
26 tion review committee shall have a right to appeal in writing to the
27 secretary of state. The decision of the secretary of state shall be
28 final and binding on all parties.
29 10. Pharmaceutical agents. Optometrists who have been approved and
30 certified by the department of state shall be permitted to use the
31 following drugs:
32 (a) Diagnostic pharmaceuticals.
33 (b) Those optometrists having been certified for phase one therapeutic
34 pharmaceutical agents shall be authorized (i) to use and recommend all
35 nonprescription medications appropriate for ocular disease whether
36 intended for topical or oral use; and (ii) to use and prescribe all
37 phase one therapeutic pharmaceutical agents which are FDA approved and
38 commercially available.
39 In the event an optometrist treats a patient with topical antiviral or
40 steroidal drugs and the patient's condition either fails to improve or
41 worsens within five days, the optometrist shall notify a physician
42 designated by the patient or, if none, by the treating optometrist.
43 (c) Those optometrists having been certified for phase two therapeutic
44 pharmaceutical agents shall be authorized to use and prescribe phase two
45 therapeutic pharmaceutical agents which are FDA approved and commercial-
46 ly available.
47 11. Responsibilities of the secretary of state. The secretary of state
48 shall adopt regulations (a) providing for the certification of graduates
49 of an appropriate program approved by the department of state who have
50 successfully passed the examination on the use of diagnostic and thera-
51 peutic pharmaceutical agents and who have graduated; and (b) providing
52 for the certification of optometrists who have graduated from other
53 accredited colleges of optometry or who are licensed to practice in
54 other jurisdictions, have demonstrated such use in independently managed
55 patients and are seeking licensure and certification in New York.
S. 1407 247 A. 2107
1 12. Responsibilities of the commissioner of health. The commissioner
2 of health may recommend to the secretary of state additions or deletions
3 to the regulations of the secretary of state relating to optometric use
4 of drugs except that such recommendations shall be limited only to addi-
5 tions which have been determined to be equivalent to those drugs already
6 authorized or deletions based upon a finding that the drugs are no long-
7 er appropriate for their current use or for other similar reasons.
8 § 1553. Practice of optometry and use of title "optometrist". Only a
9 person licensed or exempt under this subarticle shall practice optometry
10 or use the title "optometrist".
11 § 1554. State board for optometry. 1. A state board for optometry
12 shall be appointed by the secretary of state for the purpose of assist-
13 ing the secretary of state and the department of state on matters of
14 professional licensing and professional conduct in accordance with
15 section nine hundred twenty-two of this article. The board shall be
16 composed of not less than seven optometrists who shall have been resi-
17 dents of this state engaged in the practice of optometry for at least
18 five years in this state. An executive secretary to the board shall be
19 appointed by the secretary of state.
20 § 1555. Requirements for a professional license. To qualify for a
21 license as an optometrist, an applicant shall fulfill the following
22 requirements:
23 (1) Application: file an application with the department of state;
24 (2) Education: have received an education, including a degree of
25 doctor of optometry or equivalent degree, in accordance with the regu-
26 lations of the secretary of state;
27 (3) Experience: have experience satisfactory to the board and in
28 accordance with the regulations of the secretary of state;
29 (4) Examination: pass an examination satisfactory to the board and in
30 accordance with the regulations of the secretary of state;
31 (5) Age: be at least twenty-one years of age;
32 (6) Citizenship: meet no requirement as to United States citizenship;
33 (7) Character: be of good moral character as determined by the depart-
34 ment of state; and
35 (8) Fees: pay a fee of two hundred twenty dollars to the department of
36 state for admission to a department conducted examination and for an
37 initial license, a fee of one hundred fifteen dollars for each reexam-
38 ination, a fee of one hundred thirty-five dollars for an initial license
39 for persons not requiring admission to a department conducted examina-
40 tion, and a fee of two hundred ten dollars for each triennial registra-
41 tion period, and for additional authorization for the purpose of utiliz-
42 ing diagnostic pharmaceutical agents, a fee of sixty dollars.
43 § 1556. Exempt persons. Nothing in this subarticle shall be construed
44 to affect or prevent:
45 a. A student from engaging in clinical practice under supervision of a
46 licensed optometrist or physician in a school of optometry in this state
47 registered by the department of state; or
48 b. A person licensed to practice optometry from using a degree
49 conferred in course after resident study by an educational institution
50 lawfully authorized by the state in which it is located to confer such a
51 degree; or
52 c. An optometrist licensed in another state or country who is employed
53 on a full-time basis by a registered school of optometry as a faculty
54 member with the rank of assistant professor or higher from conducting
55 research and clinical demonstrations as part of such employment, under
56 the supervision of a licensed optometrist and on the premises of the
S. 1407 248 A. 2107
1 school. No fee may be charged for the practice of optometry authorized
2 by this subdivision.
3 § 1557. Special provisions. 1. The testimony and reports of a
4 licensed optometrist shall be received by any official, board, commis-
5 sion or other agency of the state or of any of its subdivisions or muni-
6 cipalities as qualified evidence with respect to any matter defined in
7 section fifteen hundred fifty-one of this subarticle; and no official,
8 board, commission, or other agency of the state or any of its subdivi-
9 sions or municipalities shall discriminate among the practitioners of
10 optometry and any other ocular practitioners.
11 2. Eyeglasses or lenses for the correction of vision may be sold by
12 any person, firm or corporation at retail, only on prescription of a
13 licensed physician or licensed optometrist and only if a licensed physi-
14 cian, optometrist or ophthalmic dispenser is in charge of and in
15 personal attendance at the place of sale. This subarticle shall not
16 apply to binoculars, telescopes, or other lenses used for simple magni-
17 fication; except, that a seller of non-prescription ready-to-wear magni-
18 fying spectacles or glasses shall have the following language attached
19 to each pair of glasses or spectacles displayed or offered for sale and
20 in at least ten point bold type permanently affixed in plain view to the
21 top of any point of sale display or, if there is no display, in the area
22 of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT
23 INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN
24 EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO DETER-
25 MINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used in this subdivi-
26 sion "non-prescription, ready to wear magnifying spectacles or glasses"
27 means spherical convex lenses, uniform in each meridian, which are
28 encased in eyeglass frames and intended to ameliorate the symptoms of
29 presbyopia. The lenses in such glasses shall be of uniform focus power
30 in each eye and shall not exceed 2.75 diopters.
31 3. It shall be a class A misdemeanor to practice any fraud, deceit or
32 misrepresentation in any advertising related to optometric services.
33 § 1558. Advertising of non-prescription ready-to-wear magnifying spec-
34 tacles or glasses. 1. Any printed advertising for non-prescription
35 ready-to-wear magnifying spectacles or glasses to be sold through the
36 mail also shall include the statement, "ATTENTION; READY-TO-WEAR
37 NON-PRESCRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORREC-
38 TIVE LENSES OR EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE
39 CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION
40 NEEDS." As used in this section, "non-prescription, ready to wear magni-
41 fying spectacles or glasses" means spherical convex lenses, uniform in
42 each meridian, which are encased in eyeglass frames and intended to
43 ameliorate the symptoms of presbyopia. The lenses in such glasses shall
44 be of uniform focus power in each eye and shall not exceed 2.75 diop-
45 ters.
46 2. Any person, his or her agent or employee who shall violate any
47 provision of this section shall be subject to a civil penalty of not
48 less than twenty-five dollars nor more than two hundred fifty dollars
49 for each violation. For purposes of this section, the sale or offer for
50 sale of each pair of non-prescription ready-to-wear magnifying specta-
51 cles or glasses which fail to meet the standards of this section shall
52 constitute a violation.
53 SUBARTICLE 12
54 OPHTHALMIC DISPENSING
S. 1407 249 A. 2107
1 Section 1600. Introduction.
2 1601. Definition of practice of ophthalmic dispensing.
3 1602. Practice of ophthalmic dispensing and use of title
4 "ophthalmic dispenser" or "optician".
5 1603. State board for ophthalmic dispensing.
6 1604. Requirements for a professional license.
7 1605. Exemptions.
8 1606. Special provisions.
9 1607. Advertising of non-prescription ready-to-wear magnifying
10 spectacles or glasses.
11 1608. Mandatory continuing education.
12 § 1600. Introduction. This subarticle applies to the profession of
13 ophthalmic dispensing. The general provisions for all professions
14 contained in subarticle one of this article apply to this subarticle.
15 § 1601. Definition of practice of ophthalmic dispensing. The practice
16 of the profession of ophthalmic dispensing is defined as adapting and
17 fitting lenses, for the correction of deficiencies, deformities or anom-
18 alies of the human eyes, on written prescriptions from a licensed physi-
19 cian or optometrist. Replacements or duplicates of such lenses may be
20 adapted and dispensed without prescription. Contact lenses may be
21 fitted by an ophthalmic dispenser only under the personal supervision of
22 a licensed physician or optometrist.
23 § 1602. Practice of ophthalmic dispensing and use of title "ophthalmic
24 dispenser" or "optician". Only a person licensed or exempt under this
25 subarticle or a corporation, partnership or persons doing business under
26 an assumed name and either composed of licensed ophthalmic dispensers or
27 employing licensed ophthalmic dispensers shall practice ophthalmic
28 dispensing or use the title "ophthalmic dispenser", "optician", "optical
29 technician", "dispensing optician", or "optical dispenser".
30 § 1603. State board for ophthalmic dispensing. 1. A state board for
31 ophthalmic dispensing shall be appointed by the secretary of state for
32 the purpose of assisting the secretary of state and the department of
33 state on matters of professional licensing and professional conduct in
34 accordance with section nine hundred twenty-two of this article. The
35 board shall be composed of not less than seven licensed ophthalmic
36 dispensers who shall have been residents of this state engaged in the
37 practice of ophthalmic dispensing for at least five years in this state.
38 An executive secretary to the board shall be appointed by the secretary
39 of state.
40 2. For purposes of this subarticle, "board" means the state board for
41 ophthalmic dispensing.
42 § 1604. Requirements for a professional license. a. To qualify for a
43 license as an ophthalmic dispenser, an applicant shall fulfill the
44 following requirements;
45 (1) Application: file an application with the department of state;
46 (2) Education: have received an education, including high school grad-
47 uation and completion, in accordance with the regulations of the secre-
48 tary of state, of either (i) a two-year program in ophthalmic dispens-
49 ing, or, (ii) two years of training and experience in ophthalmic
50 dispensing under the supervision of a licensed ophthalmic dispenser,
51 optometrist or physician;
52 (3) Experience: have experience satisfactory to the board and in
53 accordance with the regulations of the secretary of state;
54 (4) Examination: pass an examination satisfactory to the board and in
55 accordance with the regulations of the secretary of state;
56 (5) Age: be at least eighteen years of age;
S. 1407 250 A. 2107
1 (6) Citizenship: meet no requirement as to United States citizenship;
2 (7) Character: be of good moral character as determined by the depart-
3 ment of state; and
4 (8) Fees: pay a fee of one hundred fifteen dollars to the department
5 of state for admission to a department conducted examination and for an
6 initial license, a fee of forty-five dollars for each reexamination, a
7 fee of fifty dollars for an initial license for persons not requiring
8 admission to a department conducted examination, and a fee of fifty
9 dollars for each triennial registration period.
10 b. A person licensed after July first, nineteen hundred seventy-three
11 shall be permitted to fit contact lenses only if the licensee, in addi-
12 tion to the requirements of subdivision a of this section, shall (1)
13 pass a separate examination satisfactory to the board and in accordance
14 with the regulations of the secretary of state; and (2) have the requi-
15 site experience in the fitting of contact lenses satisfactory to the
16 board and in accordance with the regulations of the secretary of state.
17 § 1605. Exemptions. Nothing in this subarticle shall be construed to
18 affect or prevent:
19 a. An unlicensed person from performing merely mechanical work upon
20 inert matter in an optical office, laboratory or shop; or
21 b. A student from engaging in clinical practice, under the supervision
22 of a licensed ophthalmic dispenser or licensed optometrist or licensed
23 physician, in an ophthalmic dispensing school or college registered by
24 the department of state; or
25 c. The department of state from issuing a limited permit to an appli-
26 cant who meets all requirements for admission to the licensing examina-
27 tion; provided, however, that:
28 (1) Practice under a limited permit shall be under the supervision of
29 a licensed physician, optometrist or ophthalmic dispenser.
30 (2) A limited permit shall expire after two years, or upon notice to
31 the applicant that the application for licensure has been denied, or ten
32 days after notification to the applicant of failure on the professional
33 licensing examination, whichever shall first occur. Notwithstanding the
34 foregoing provisions of this subdivision, if the applicant is waiting
35 the result of a licensing examination at the time such limited permit
36 expires, such permit shall continue to be valid until ten days after
37 notification to the applicant of the results of such examination. A
38 limited permit which has not expired as a result of notice of denial of
39 licensure or of failure on the licensing examination may be renewed for
40 a period of not more than one additional year, upon a showing satisfac-
41 tory to the department of state that the applicant could not obtain a
42 license within two years.
43 (3) Supervision of a permittee by a licensed physician, optometrist or
44 ophthalmic dispenser shall be on-site supervision but not necessarily
45 direct personal supervision.
46 (4) The fee for each limited permit and for each renewal shall be
47 thirty-five dollars. The fee for issuance of a training permit shall be
48 thirty dollars.
49 § 1606. Special provisions. 1. Eyeglasses or lenses for the correction
50 of vision may be sold by any person, firm or corporation at retail, only
51 on prescription of a licensed physician or licensed optometrist and only
52 if a licensed physician, optometrist or ophthalmic dispenser is in
53 charge of and in personal attendance at the place of sale. This subarti-
54 cle shall not apply to binoculars, telescopes, or other lenses used for
55 simple magnification; except, that a seller of non-prescription ready-
56 to-wear magnifying spectacles or glasses shall have the following
S. 1407 251 A. 2107
1 language attached to each pair of glasses or spectacles displayed or
2 offered for sale and in at least ten point bold type permanently affixed
3 in plain view to the top of any point of sale display or, if there is no
4 display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
5 GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR
6 EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
7 NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used
8 in this subdivision, "non-prescription, ready to wear magnifying specta-
9 cles or glasses" means spherical convex lenses, uniform in each meridi-
10 an, which are encased in eyeglass frames and intended to ameliorate the
11 symptoms of presbyopia. The lenses in such glasses shall be of uniform
12 focus power in each eye and shall not exceed 2.75 diopters.
13 2. It shall be a class A misdemeanor to practice any fraud, deceit or
14 misrepresentation in any advertising related to ophthalmic dispensing.
15 § 1607. Advertising of non-prescription ready-to-wear magnifying spec-
16 tacles or glasses. 1. Any printed advertising for non-prescription
17 ready-to-wear magnifying spectacles or glasses to be sold through the
18 mail also shall include the statement, "ATTENTION; READY-TO-WEAR
19 NON-PRESCRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORREC-
20 TIVE LENSES OR EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE
21 CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION
22 NEEDS." As used in this section, "non-prescription, ready to wear magni-
23 fying spectacles or glasses" means spherical convex lenses, uniform in
24 each meridian, which are encased in eyeglass frames and intended to
25 ameliorate the symptoms of presbyopia. The lenses in such glasses shall
26 be of uniform focus power in each eye and shall not exceed 2.75 diop-
27 ters.
28 2. Any person, his or her agent or employee who shall violate any
29 provision of this section shall be subject to a civil penalty of not
30 less than twenty-five dollars nor more than two hundred fifty dollars
31 for each violation. For purposes of this section, the sale or offer for
32 sale of each pair of non-prescription ready-to-wear magnifying specta-
33 cles or glasses which fail to meet the standards of this section shall
34 constitute a violation.
35 § 1608. Mandatory continuing education. 1. (a) Each licensed ophthalm-
36 ic dispenser required under this subarticle to register triennially with
37 the department of state to practice in the state shall comply with the
38 provisions of the mandatory continuing education requirements prescribed
39 in subdivision two of this section except as set forth in paragraphs (b)
40 and (c) of this subdivision. Ophthalmic dispensers who do not satisfy
41 the mandatory continuing education requirements shall not practice until
42 they have met such requirements, and they have been issued a registra-
43 tion certificate, except that an ophthalmic dispenser may practice with-
44 out having met such requirements if he or she is issued a conditional
45 registration certificate pursuant to subdivision three of this section.
46 (b) Ophthalmic dispensers shall be exempt from the mandatory continu-
47 ing education requirement for the triennial registration period during
48 which they are first licensed. In accord with the intent of this
49 section, adjustment to the mandatory continuing education requirement
50 may be granted by the department of state for reasons of health certi-
51 fied by an appropriate health care professional, for extended active
52 duty with the armed forces of the United States, or for other good cause
53 acceptable to the department of state which may prevent compliance.
54 (c) A licensed ophthalmic dispenser not engaged in practice, as deter-
55 mined by the department of state, shall be exempt from the mandatory
56 continuing education requirement upon the filing of a statement with the
S. 1407 252 A. 2107
1 department of state declaring such status. Any licensee who returns to
2 the practice of ophthalmic dispensing during the triennial registration
3 period shall notify the department of state prior to reentering the
4 profession and shall meet such mandatory education requirements as shall
5 be prescribed by regulations of the secretary of state.
6 2. During each triennial registration period an applicant for regis-
7 tration as an ophthalmic dispenser shall complete a minimum of eighteen
8 hours of acceptable formal continuing education, as specified in subdi-
9 vision four of this section; provided that three hours may be in recog-
10 nized areas of study pertinent to the dispensing and fitting of contact
11 lenses. During each triennial registration period an applicant for
12 registration as an ophthalmic dispenser and certified to fit contact
13 lenses shall complete twenty hours of acceptable formal continuing
14 education, as specified in subdivision four of this section; provided
15 that ten hours shall be in recognized areas of study pertinent to the
16 dispensing and fitting of contact lenses. A licensee who has not satis-
17 fied the mandatory continuing education requirements shall not be issued
18 a triennial registration certificate by the department of state and
19 shall not practice unless and until a conditional registration certif-
20 icate is issued as provided for in subdivision three of this section.
21 Continuing education hours taken during one triennium may not be trans-
22 ferred to a subsequent triennium.
23 3. The department of state, in its discretion, may issue a conditional
24 registration to a licensee who fails to meet the continuing education
25 requirements established in subdivision two of this section but who
26 agrees to make up any deficiencies and complete any additional education
27 which the department of state may require the fee for such a conditional
28 registration shall be the same as, and in addition to, the fee for the
29 triennial registration. The duration of such conditional registration
30 shall be determined by the department of state but shall not exceed one
31 year. Any licensee who is notified of the denial of registration for
32 failure to submit evidence, satisfactory to the department of state, of
33 required continuing education and who practices without such registra-
34 tion, may be subject to disciplinary proceedings pursuant to section
35 nine hundred forty-four of this article.
36 4. As used in subdivision two of this section, "Acceptable Formal
37 Education" shall mean formal courses of learning which contribute to
38 professional practice in ophthalmic dispensing and which meet the stand-
39 ards prescribed by regulations of the secretary of state. Such formal
40 courses of learning shall include, but not be limited to, collegiate
41 level credit and non-credit courses. Professional development programs
42 and technical sessions offered by national, state and local professional
43 associations and other organizations acceptable to the department of
44 state, and any other organized educational and technical programs
45 acceptable to the department. The department of state may, in its
46 discretion and as needed to contribute to the health and welfare of the
47 public, require the completion of continuing education courses in
48 specific subjects to fulfill this mandatory continuing education
49 requirement. Courses must be taken from a sponsor approved by the
50 department of state, pursuant to the regulations of the secretary of
51 state.
52 5. Ophthalmic dispensers shall maintain adequate documentation of
53 completion of acceptable formal continuing education and shall provide
54 such documentation at the request of the department of state. Failure
55 to provide such documentation upon the request of the department of
S. 1407 253 A. 2107
1 state shall be an act of misconduct subject to disciplinary proceedings
2 pursuant to section nine hundred forty-four of this article.
3 6. The mandatory continuing education fee shall be forty-five dollars,
4 shall be payable on or before the first day of each triennial registra-
5 tion period, and shall be paid in addition to the triennial registration
6 fee required by section sixteen hundred four of this subarticle.
7 SUBARTICLE 13
8 ENGINEERING AND LAND SURVEYING
9 Section 1650. Introduction.
10 1651. Definition of practice of engineering.
11 1652. Practice of engineering and use of title "professional
12 engineer".
13 1653. Definition of practice of land surveying.
14 1654. Practice of land surveying and use of title "land
15 surveyor".
16 1655. State board for engineering and land surveying.
17 1656. Requirements for a license as professional engineer.
18 1657. Requirements for a license as a professional land
19 surveyor.
20 1658. Limited permits.
21 1659. Exempt persons.
22 1660. Special provisions.
23 1661. Certificates of authorization.
24 1662. Mandatory continuing education for land surveyors.
25 1663. Mandatory continuing education for professional engi-
26 neers.
27 § 1650. Introduction. This subarticle applies to the professions of
28 engineering and land surveying. The general provisions for all
29 professions contained in subarticle one of this article apply to this
30 subarticle.
31 § 1651. Definition of practice of engineering. The practice of the
32 profession of engineering is defined as performing professional service
33 such as consultation, investigation, evaluation, planning, design or
34 supervision of construction or operation in connection with any utili-
35 ties, structures, buildings, machines, equipment, processes, works, or
36 projects wherein the safeguarding of life, health and property is
37 concerned, when such service or work requires the application of engi-
38 neering principles and data.
39 § 1652. Practice of engineering and use of title "professional engi-
40 neer". Only a person licensed or otherwise authorized under this subar-
41 ticle shall practice engineering or use the title "professional engi-
42 neer".
43 § 1653. Definition of practice of land surveying. The practice of the
44 profession of land surveying is defined as practicing that branch of the
45 engineering profession and applied mathematics which includes the meas-
46 uring and plotting of the dimensions and areas of any portion of the
47 earth, including all naturally placed and man- or machine-made struc-
48 tures and objects thereon, the lengths and directions of boundary lines,
49 the contour of the surface and the application of rules and regulations
50 in accordance with local requirements incidental to subdivisions for the
51 correct determination, description, conveying and recording thereof or
52 for the establishment or reestablishment thereof.
S. 1407 254 A. 2107
1 § 1654. Practice of land surveying and use of title "land surveyor".
2 Only a person licensed or otherwise authorized under this subarticle
3 shall practice land surveying or use the title "land surveyor".
4 § 1655. State board for engineering and land surveying. 1. A state
5 board for engineering and land surveying shall be appointed by the
6 secretary of state for the purpose of assisting the secretary of state
7 and the department of state on matters of professional licensing and
8 professional conduct in accordance with section nine hundred twenty-two
9 of this article. The board shall be composed of not less than seven
10 professional engineers and not less than two land surveyors licensed in
11 this state. An executive secretary to the board shall be appointed by
12 the secretary of state and shall be a professional engineer or land
13 surveyor licensed in this state.
14 2. For purposes of this subarticle "board" means the state board for
15 engineering and land surveying.
16 § 1656. Requirements for a license as a professional engineer. 1. To
17 qualify for a license as a professional engineer an applicant shall
18 fulfill the following requirements:
19 (1) Application: file an application with the department of state;
20 (2) Education: have received an education, including a bachelor's or
21 higher degree based on a program in engineering, in accordance with the
22 regulations of the secretary of state;
23 (3) Experience: have at least four years in work satisfactory to the
24 board, provided that the board may accept study beyond the bachelor's
25 degree in partial fulfillment of this requirement;
26 (4) Examination: pass an examination satisfactory to the board and in
27 accordance with the regulations of the secretary of state;
28 (5) Age: be at least twenty-one years of age;
29 (6) Citizenship or immigration status: be a United States citizen or
30 an alien lawfully admitted for permanent residence in the United States;
31 (7) Character: be of good moral character as determined by the depart-
32 ment; and
33 (8) Fees: pay a fee of two hundred twenty dollars to the department of
34 state for admission to a department conducted examination and for an
35 initial license, a fee of one hundred fifteen dollars for each reexam-
36 ination, a fee of one hundred thirty-five dollars for an initial license
37 for persons not requiring admission to a department conducted examina-
38 tion, and a fee of two hundred ten dollars for each triennial registra-
39 tion period.
40 2. In lieu of the degree and experience requirements specified in
41 paragraphs two and three of subdivision one of this section, twelve
42 years of practical experience in work satisfactory to the board may be
43 accepted, provided that each full year of college study in engineering
44 satisfactory to the department of state may at the discretion of the
45 board be accepted in lieu of two years of the required twelve years of
46 experience.
47 3. For an identification card as an "intern engineer", an applicant
48 shall fulfill the requirements of subdivision one of this section,
49 except those in paragraphs three and five, provided that admission to
50 the examination may be given when the applicant is within twenty credits
51 of the completion of the requirements for the bachelor's or higher
52 degree as prescribed in paragraph two of subdivision one, or has
53 completed the practical experience requirement of subdivision two of
54 this section. The fee for examination and identification card as an
55 "intern engineer" shall be seventy dollars and the fee for each reexam-
56 ination shall be seventy dollars.
S. 1407 255 A. 2107
1 4. On recommendation of the board, the department of state may waive
2 specific requirements, except as to age, character, education and citi-
3 zenship, in the case of applicants who are possessed of established and
4 recognized standing in the engineering profession and who have practiced
5 lawfully for more than fifteen years.
6 § 1657. Requirements for a license as a professional land surveyor.
7 1. To qualify for a license as a professional land surveyor, an appli-
8 cant shall fulfill the following requirements:
9 (1) Application: file an application with the department of state;
10 (2) Education: have received an education, including a bachelor's or
11 higher degree based on a program in land surveying, in accordance with
12 the commissioner's regulations;
13 (3) Experience: (a) If the applicant has a bachelor's or higher
14 degree, have at least four years in work satisfactory to the board,
15 provided that the board may accept study beyond the bachelor's degree in
16 partial fulfillment of this requirement; or (b) If the applicant has an
17 associate's degree, have at least six years in work satisfactory to the
18 board provided that the board may accept study beyond the associate's
19 degree in partial fulfillment of this requirement;
20 (4) Examination: pass an examination satisfactory to the board and in
21 accordance with the regulations of the secretary of state;
22 (5) Age: be at least twenty-one years of age;
23 (6) Citizenship or immigration status: be a United States citizen or
24 an alien lawfully admitted for permanent residence in the United States;
25 (7) Character: be of good moral character as determined by the depart-
26 ment of state; and
27 (8) Fees: pay a fee of two hundred twenty dollars to the department of
28 state for admission to a department conducted examination and for an
29 initial license, a fee of one hundred fifteen dollars for each reexam-
30 ination, a fee of one hundred thirty-five dollars for an initial license
31 for persons not requiring admission to department conducted examination,
32 and a fee of two hundred ten dollars for each triennial registration
33 period.
34 2. In lieu of the degree and experience requirements specified in
35 paragraphs two and three of subdivision one of this section, eight years
36 of practical experience in work satisfactory to the board may be
37 accepted, provided that each full year of college study in engineering
38 or land surveying satisfactory to the department may at the discretion
39 of the board be accepted in lieu of one year of the required eight years
40 of experience.
41 3. For an identification card as an "intern land surveyor", an appli-
42 cant shall fulfill the requirements of subdivision one of this section,
43 except those in paragraphs three and five, provided that admission to
44 the examination may be given when the applicant is within twenty credits
45 of the completion of the requirements for the bachelor's or higher
46 degree as prescribed in paragraph two of subdivision one, or has
47 completed the practical experience requirement of subdivision two of
48 this section. The fee for examination and identification card as an
49 "intern land surveyor" shall be seventy dollars and the fee for each
50 reexamination shall be seventy dollars.
51 § 1658. Limited permits. 1. On recommendation of the board, the
52 department of state may issue a limited permit to practice engineering
53 to an engineer not a resident of this state and having no established
54 place of practice in this state who is legally qualified to practice as
55 such in his or her own country or state and who submits satisfactory
56 evidence of established and recognized professional standing in his own
S. 1407 256 A. 2107
1 country or state and who submits satisfactory certifications as to char-
2 acter and qualifications from at least two licensed professional engi-
3 neers, one of whom shall be a resident of this state. Such limited
4 permit shall be issued solely in connection with the specific project
5 for which such limited permit is granted.
6 2. A limited permit to practice as a professional engineer or land
7 surveyor in this state may be issued by the department of state to a
8 person not a resident in this state and having no established place of
9 practice in this state, when such practice does not aggregate more than
10 thirty days in any calendar year, provided that such person is legally
11 qualified to practice in his or her own state or country. The limited
12 permit authorizing such right to practice in this state shall specify
13 the dates within the calendar year when such right may be exercised.
14 3. Fees. The fee for each limited permit shall be one hundred five
15 dollars.
16 § 1659. Exempt persons. This subarticle shall not be construed to
17 affect or prevent the following, provided that no title, sign, card or
18 device shall be used in such manner as to tend to convey the impression
19 that the person rendering such service is a professional engineer or a
20 land surveyor licensed in this state or is practicing engineering or
21 land surveying:
22 a. Offering to practice in this state as a professional engineer or
23 land surveyor by any person not a resident of, and having no established
24 place of practice in this state, provided that such person is legally
25 qualified for such practice in his own state or country;
26 b. Practice as a professional engineer or land surveyor in this state
27 by any person not a resident, or having no established place of practice
28 in this state, or any person resident in this state but who has arrived
29 in this state within six months, provided, however, such a person shall
30 have filed an application for license as a professional engineer or land
31 surveyor, and is legally qualified for such practice in the state or
32 country in which he or she resides or has his or her place of practice
33 or in which he or she had his or her previous residence or place of
34 practice, such exemption continuing for only such reasonable time as the
35 board requires to grant or deny the application for license, and a
36 person intending to practice under this subdivision shall so state on
37 the application;
38 c. Practice of engineering or land surveying, by an employee of a
39 county or town, in the construction, improvement or maintenance of a
40 county road or town highway, or by an employee of a county, city, town
41 or village, in the construction, improvement or maintenance of any
42 public work wherein the contemplated expenditure for the completed
43 project does not exceed five thousand dollars;
44 d. Operation or maintenance of steam, power, or refrigeration plants
45 by legally authorized persons not licensed under this subarticle or
46 persons engaged or employed as an engine man, operator or driver of any
47 engine or of any mechanical, electrical, chemical or other device or
48 machine;
49 e. Making of surveys by professional engineers, except that the deter-
50 mination of real property boundaries may be done only by a licensed land
51 surveyor;
52 f. Employment or supervision of interns or other persons qualified by
53 education or experience by professional engineers or land surveyors as
54 assistants in the performance of engineering or land surveying, or as
55 consultants or employees in special fields related to but not uniquely
56 engineering or land surveying, provided that the engineers or land
S. 1407 257 A. 2107
1 surveyors employing or supervising such persons shall not be relieved of
2 any responsibility whatsoever by delegation to such persons, and
3 provided further that such persons who have attained the bachelor's
4 level of studies in accordance with the requirements of section sixteen
5 hundred fifty-six or sixteen hundred fifty-seven of this subarticle of
6 this title may be employed as junior or assistant engineers or junior or
7 assistant land surveyors, or similar titles, to act under the general
8 direction of a professional engineer or land surveyor, or in work not
9 covered by this subarticle;
10 g. Employment of any person as a junior or assistant engineer or
11 junior or assistant land surveyor in the civil service of the state or
12 its political subdivisions in a position the title of which was approved
13 and in use as of July first, nineteen hundred seventy-one, provided such
14 person acts under the general direction of a licensed professional engi-
15 neer or land surveyor;
16 h. Execution by a contractor or by others of work designed by a
17 professional engineer, or land surveyor, or the superintendence of such
18 work as a superintendent, foreman, or inspector;
19 i. The practice of architecture by an architect licensed in this
20 state, or the practice of landscape architecture by a landscape archi-
21 tect licensed in this state, provided that no such architect or land-
22 scape architect shall use the designation "engineer" or "engineering"
23 unless licensed as a professional engineer in this state;
24 j. The practice of engineering or land surveying or having the title
25 "engineer" or "surveyor" solely as an officer or an employee of a corpo-
26 ration engaged in interstate commerce;
27 k. The practice of engineering by a manufacturing corporation or by
28 employees of such corporation, or use of the title "engineer" by such
29 employees, in connection with or incidental to goods produced by, or
30 sold by, or nonengineering services rendered by, such corporation or its
31 manufacturing affiliates;
32 l. The practice of engineering or land surveying, or using the title
33 "engineer" or "surveyor" exclusively as an officer or employee of a
34 public service corporation by rendering to such corporation such
35 services in connection with its lines and property which are subject to
36 supervision with respect to the safety and security thereof by the
37 public service commission of this state, the interstate commerce commis-
38 sion or other federal regulatory body and so long as such person is thus
39 actually and exclusively employed and no longer;
40 m. The making of land surveys by a professional engineer where such
41 land surveys are essential to engineering projects;
42 n. The design by a land surveyor of roads, drainage, water supply or
43 sanitary sewerage facilities of a minor nature in connection with subdi-
44 visions and the extension and inspection thereof, but not including
45 sewage disposal or treatment plants, lift stations, pumping stations,
46 commercial buildings or bridges; or
47 o. Using the title "marine operating engineer", "stationary engineer",
48 "port of customs surveyor", or "ship surveyor".
49 p. Contractors or builders from engaging in construction management
50 and administration of construction contracts.
51 § 1660. Special provisions. 1. Every professional engineer and every
52 land surveyor shall have a seal, approved by the board, which shall
53 contain the name of the professional engineer and the words "Licensed
54 Professional Engineer" or the name of the land surveyor and the words
55 "Licensed Land Surveyor" and such other words or figures as the board
56 may deem necessary. All plans, specifications, plats and reports relat-
S. 1407 258 A. 2107
1 ing to the construction or alteration of buildings or structures
2 prepared by such professional engineer and all plans, specifications,
3 plats and reports prepared by such land surveyor or by a full-time or
4 part-time subordinate under his supervision, shall be stamped with such
5 seal and shall also be signed, on the original with the personal signa-
6 ture of such professional engineer or land surveyor when filed with
7 public officials. No official of this state, or of any city, county,
8 town or village therein, charged with the enforcement of laws, ordi-
9 nances or regulations shall accept or approve any plans or specifica-
10 tions that are not stamped:
11 a. With the seal of an architect or professional engineer or land
12 surveyor licensed in this state and bearing the authorized facsimile of
13 the signature of such architect or professional engineer or land
14 surveyor, or
15 b. With the official seal and authorized facsimile of the signature of
16 a professional engineer or land surveyor not a resident of this state
17 and having no established business in this state, but who is legally
18 qualified to practice as such in his or her own state or country,
19 provided that such person may lawfully practice as such in this state,
20 and provided further that the plans or specifications are accompanied by
21 and have attached thereto written authorization issued by the department
22 of state certifying to such right to practice at such time.
23 2. To all plans, specifications, plats and reports to which the seal
24 of a professional engineer or land surveyor has been applied, there
25 shall also be applied a stamp with appropriate wording warning that it
26 is a violation of this law for any person, unless he or she is acting
27 under the direction of a licensed professional engineer or land
28 surveyor, to alter an item in any way. If an item bearing the seal of an
29 engineer or land surveyor is altered, the altering engineer or land
30 surveyor shall affix to the item his or her seal and the notation
31 "altered by" followed by his or her signature and the date of such
32 alteration, and a specific description of the alteration.
33 3. No county, city, town or village or other political subdivision of
34 this state shall engage in the construction or maintenance of any public
35 work involving engineering or land surveying for which plans, specifica-
36 tions and estimates have not been made by, and the construction and
37 maintenance supervised by, a professional engineer or land surveyor;
38 provided that this section shall not apply to the construction, improve-
39 ment or maintenance of county roads or town highways, nor to any other
40 public works wherein the contemplated expenditure for the completed
41 project does not exceed five thousand dollars. This section shall not be
42 construed as affecting or preventing any county, city, town or village
43 or other political subdivision of this state from engaging an architect
44 licensed in this state for the preparation of plans, specifications and
45 estimates for and the supervision of construction or maintenance of
46 public works.
47 4. Engineers, land surveyors, architects, and landscape architects may
48 join in the formation of a joint enterprise, or a partnership or a
49 professional service corporation or may form any desired combination of
50 such professions and may use in the name of such corporation the title
51 of any of the professions which will be practiced. After the name of
52 each member his or her profession shall be indicated.
53 5. A firm name may be continued by employees having at least fifteen
54 years of continuous service if the retired members and legal represen-
55 tatives of deceased members consent to such continuance.
S. 1407 259 A. 2107
1 6. It shall be lawful for a corporation organized and existing under
2 the laws of the state of New York which on the fifteenth day of April,
3 nineteen hundred thirty-five and continuously thereafter, was lawfully
4 practicing engineering or land surveying in New York state, to continue
5 such practice provided that the chief executive officer shall be a
6 professional engineer licensed under this article, if practicing engi-
7 neering, or a land surveyor licensed under this subarticle, if practic-
8 ing land surveying, and provided further that the person or persons
9 carrying on the actual practice of engineering or surveying on behalf
10 of, or designated as "engineer" or "surveyor", with or without qualify-
11 ing or characterizing word, by such corporation shall be authorized to
12 practice engineering or land surveying as provided in this subarticle.
13 It shall be lawful for a corporation which, on account of or as a result
14 of requirements, restrictions or provisions of federal law, was organ-
15 ized subsequent to April fifteenth, nineteen hundred thirty-five for the
16 purpose of taking over an existing engineering organization established
17 prior to such time and which has taken over such organization and
18 continued its engineering activities, provided that the chief executive
19 officer of such corporation shall be a professional engineer licensed
20 under this subarticle and provided further, that the person or persons
21 carrying on the actual practice of engineering on behalf of, or desig-
22 nated as "engineer", with or without qualifying or characterizing word,
23 by such corporation, shall be authorized to practice engineering as
24 provided in this subarticle. No such corporation shall change its name
25 or sell its franchise or transfer its corporate rights, directly or
26 indirectly to any person, firm or corporation without the consent of the
27 department of state. Each such corporation shall obtain a triennial
28 registration on payment of a fee of fifty dollars.
29 7. Nothing in this subarticle shall be construed to apply:
30 a. To the preparation or execution of designs, drawings, plans or
31 specifications for the construction or installation of machinery, or
32 apparatus constructed or installed by the corporation preparing such
33 designs, drawings, plans or specifications if the supervision of the
34 preparation of any such designs, drawings, plans or specifications,
35 construction or installation is done under the general direction of a
36 professional engineer or land surveyor licensed under this subarticle;
37 or
38 b. To alterations to any building or structure costing ten thousand
39 dollars or less which do not involve changes affecting the structural
40 safety or public safety thereof nor to farm buildings, including barns,
41 sheds, poultry houses and other buildings used directly and solely for
42 agricultural purposes; nor to residence buildings of gross floor area of
43 fifteen hundred square feet or less, not including garages, carports,
44 porches, cellars, or uninhabitable basements or attics.
45 8. Nothing in this subarticle shall prohibit a corporation organized
46 and existing prior to the fifteenth day of April, nineteen hundred thir-
47 ty-five under the laws of any state other than the state of New York,
48 the name of which includes the word "engineers", from obtaining a
49 certificate of authority to do business in the state of New York,
50 provided that the business proposed to be done by such corporation with-
51 in this state, as set forth in the statement and designation provided
52 for by section thirteen hundred four of the business corporation law,
53 shall not include the practice within this state of engineering or land
54 surveying.
55 § 1661. Certificates of authorization. 1. Domestic or foreign profes-
56 sional service corporations, professional service limited liability
S. 1407 260 A. 2107
1 companies, foreign professional service limited liability companies,
2 registered limited liability partnerships, New York registered foreign
3 limited liability partnerships, partnerships and joint enterprises spec-
4 ified in subdivision four of section sixteen hundred sixty of this
5 subarticle, provided each of the foregoing entities is authorized to
6 provide professional engineering or land surveying services and general
7 business corporations authorized to provide professional engineering or
8 land surveying services pursuant to subdivision six of section sixteen
9 hundred sixty of this subarticle may offer to provide or provide profes-
10 sional engineering or land surveying services only after obtaining a
11 certificate of authorization from the department of state. Except as
12 otherwise authorized by statute, rule or regulation, other business
13 entities are not authorized to offer or provide professional engineering
14 or land surveying services and may not obtain certificates of authori-
15 zation provided that nothing contained herein shall prohibit an individ-
16 ual who is licensed to practice professional engineering or land survey-
17 ing under this subarticle from obtaining a certificate of authorization
18 upon application and payment of the appropriate fees provided for under
19 this section.
20 2. Upon application a certificate of authorization shall be issued by
21 the department of state to all individuals, corporations, limited
22 liability companies, limited liability partnerships, partnerships and
23 joint enterprises specified in subdivision one of this section and which
24 are authorized to provide professional engineering or land surveying
25 services and pay the appropriate fee.
26 3. A "certificate of authorization" shall authorize such individual,
27 corporation, limited liability company, limited liability partnership,
28 partnership or joint enterprise to provide professional engineering or
29 land surveying services for three years from the date of issuance
30 subject to, as otherwise prescribed by law, the supervision of the
31 regents of the university of the state of New York including the power
32 to discipline and impose penalties in the same manner and to the same
33 extent as is provided with respect to individuals and their licenses and
34 registration pursuant to this article.
35 4. An application, triennial renewal, delinquent or replacement
36 certificate fee must accompany the "certificate of authorization"
37 request in the amount shown below. A business entity that fails to renew
38 its certificate of authorization before the expiration date shall be
39 required to pay the additional delinquent fee for late filing of ten
40 dollars for each full month it has practiced after the expiration of its
41 certificate of authorization.
42 Application fee and first triennial certificate of authorization -
43 $125.00;
44 Triennial renewal fee - $75.00;
45 Delinquent fee - $10.00 per month of practice without a certificate of
46 authorization;
47 Replacement certificate fee - $10.00.
48 All checks shall be made payable to the department of state, state of
49 New York and submitted to the department of state. If a business enter-
50 prise is not eligible to receive a "certificate of authorization", the
51 fee will be retained to cover the costs of processing. Triennial renewal
52 fees for all "certificates of authorization" are due and payable on or
53 before the filing date of each triennial registration period.
54 5. The department of state shall compile a registry of the holders of
55 all certificates of authorization. Such registry shall include the name
56 and address of all registrants, state whether a certificate of authori-
S. 1407 261 A. 2107
1 zation has been issued, denied, suspended, or revoked, and disclose
2 whether the certificate is current or expired. Access to the registry
3 shall be made available electronically without cost. A record search of
4 the registry may be obtained in person or by mail provided that a fee of
5 ten dollars shall be paid for each putative registrant.
6 § 1662. Mandatory continuing education for land surveyors. 1. (a)
7 Each licensed land surveyor required under this subarticle to register
8 triennially with the department of state to practice in the state shall
9 comply with the provisions of the mandatory continuing education
10 requirements prescribed in subdivision two of this section except as set
11 forth in paragraphs (b) and (c) of this subdivision. Land surveyors who
12 do not satisfy the mandatory continuing education requirements shall not
13 practice until they have met such requirements, and have been issued a
14 registration certificate, except that a land surveyor may practice with-
15 out having met such requirements if he or she is issued a conditional
16 registration certificate pursuant to subdivision three of this section.
17 (b) In accord with the intent of this section, adjustment to the
18 mandatory continuing education requirement may be granted by the depart-
19 ment for reasons of health certified by an appropriate health care
20 professional, for extended active duty with the armed forces of the
21 United States, or for other good cause acceptable to the department of
22 state which may prevent compliance.
23 (c) A licensed land surveyor not engaged in practice as determined by
24 the department of state, shall be exempt from the mandatory continuing
25 education requirement upon the filing of a statement with the department
26 declaring such status. Any licensee who returns to the practice of land
27 surveying during the triennial registration period shall notify the
28 department prior to reentering the profession and shall meet such manda-
29 tory education requirements as shall be prescribed by regulations of the
30 secretary of state.
31 2. During each triennial registration period an applicant for regis-
32 tration shall complete a minimum of twenty-four hours of acceptable
33 continuing education, as specified in subdivision four of this section,
34 provided, however, that a minimum of sixteen hours of such continuing
35 education shall consist of courses in land surveying and related
36 subjects, provided that no more than eight of said twenty-four hours
37 shall consist of self-study courses. Any land surveyor whose first
38 registration date following the effective date of this section occurs
39 less than three years from such effective date, but on or after January
40 first, two thousand five, shall complete continuing education hours on a
41 prorated basis at the rate of one hour per month for the period begin-
42 ning January first, two thousand four up to the first registration date
43 thereafter. A licensee who has not satisfied the mandatory continuing
44 education requirements shall not be issued a triennial registration
45 certificate by the department of state and shall not practice unless and
46 until a conditional registration certificate is issued as provided for
47 in subdivision three of this section. Continuing education hours taken
48 during one triennium may not be transferred to a subsequent triennium.
49 3. The department of state, in its discretion, may issue a conditional
50 registration to a licensee who fails to meet the continuing education
51 requirements established in subdivision two of this section but who
52 agrees to make up any deficiencies and complete any additional education
53 which the department may require. The fee for such a conditional regis-
54 tration shall be the same as, and in addition to, the fee for the trien-
55 nial registration. The duration of such conditional registration shall
56 be determined by the department of state but shall not exceed one year.
S. 1407 262 A. 2107
1 Any licensee who is notified of the denial of registration for failure
2 to submit evidence, satisfactory to the department of state, of required
3 continuing education and who practices land surveying without such
4 registration, shall be subject to disciplinary proceedings pursuant to
5 section nine hundred forty-four of this article.
6 4. As used in subdivision two of this section, "acceptable continuing
7 education" shall mean courses of learning and other activities which
8 contribute to the profession or practice of land surveying and which
9 meet the regulations of the secretary of state. The department of state
10 may, in its discretion and as needed to contribute to the health and
11 welfare of the public, require the completion of continuing education
12 courses in specific subjects. Such courses of learning must be taken
13 from a sponsor approved by the department, pursuant to regulations of
14 the secretary of state.
15 5. Land surveyors shall maintain adequate documentation of completion
16 of acceptable continuing education and shall provide such documentation
17 at the request of the department of state.
18 6. The mandatory continuing education fee shall be forty-five dollars
19 and shall be payable on or before the first day of each triennial regis-
20 tration period, and shall be paid in addition to the triennial registra-
21 tion fee required by paragraph eight of subdivision one of section
22 sixteen hundred fifty-seven of this subarticle.
23 § 1663. Mandatory continuing education for professional engineers. 1.
24 (a) Each licensed professional engineer required under this subarticle
25 to register triennially with the department of state to practice in this
26 state shall comply with provisions of the mandatory continuing education
27 requirements prescribed in subdivision two of this section except as set
28 forth in paragraphs (b) and (c) of this subdivision. Professional engi-
29 neers who do not satisfy the mandatory continuing education requirements
30 shall not practice until they have met such requirements, and have been
31 issued a registration certificate, except that a professional engineer
32 may practice without having met such requirements if he or she is issued
33 a conditional registration certificate pursuant to subdivision three of
34 this section.
35 (b) Professional engineers shall be exempt from the mandatory continu-
36 ing education requirement for the triennial registration period during
37 which they are first licensed. In accordance with the intent of this
38 section, adjustment to the mandatory continuing education requirement
39 may be granted by the department of state for reasons of health certi-
40 fied by an appropriate health care professional, for extended active
41 duty with the armed forces of the United States, or for other good cause
42 acceptable to the department of state which may prevent compliance.
43 (c) A licensed professional engineer not engaged in practice as deter-
44 mined by the department of state, shall be exempt from the mandatory
45 continuing education requirement upon the filing of a statement with the
46 department of state declaring such status. Any licensee who returns to
47 the practice of professional engineering during the triennial registra-
48 tion period shall notify the department of state prior to reentering the
49 profession and shall meet such mandatory education requirements as shall
50 be prescribed by regulations of the secretary of state.
51 (d) Professional engineers directly employed on a full time basis by
52 the state of New York, its agencies, public authorities, public benefit
53 corporations or local governmental units prior to January first, two
54 thousand four and who are represented by a collective bargaining unit,
55 at all times when so employed shall be deemed to have satisfied the
56 continuing education requirements of this section, provided however that
S. 1407 263 A. 2107
1 any such licensees who thereafter leave such employment and enter the
2 practice of professional engineering in other capacities in New York, or
3 otherwise engage in such practice, shall satisfy the requirements of
4 this section in such manner as shall be prescribed by regulations of the
5 secretary of state.
6 2. During each triennial registration period an applicant for regis-
7 tration shall complete a minimum of thirty-six hours of acceptable
8 continuing education, as specified in subdivision four of this section,
9 provided that no more than eighteen hours of such continuing education
10 may consist of non-course activities. Any professional engineer whose
11 first registration date following the effective date of this section
12 occurs less than three years from such effective date, but on or after
13 January first, two thousand five, shall complete continuing education
14 hours on a prorated basis at the rate of one hour per month for the
15 period beginning January first, two thousand four up to the first regis-
16 tration date thereafter. A licensee who has not satisfied the mandatory
17 continuing education requirements shall not be issued a triennial regis-
18 tration certificate by the department of state and shall not practice
19 unless and until a conditional registration certificate is issued as
20 provided for in subdivision three of this section. With the exception of
21 continuing education hours taken during the registration period imme-
22 diately preceding the effective date of this section, continuing educa-
23 tion hours taken during one triennium may not be transferred to a subse-
24 quent triennium.
25 3. The department of state, in its discretion, may issue a conditional
26 registration to a licensee who fails to meet the continuing education
27 requirements established in subdivision two of this section but who
28 agrees to make up any deficiencies and complete any additional education
29 which the department may require. The fee for such a conditional regis-
30 tration shall be the same as, and in addition to, the fee for the trien-
31 nial registration. The duration of such conditional registration shall
32 be determined by the department of state but shall not exceed one year.
33 Any licensee who is notified of the denial of registration for failure
34 to submit evidence, satisfactory to the department, of required continu-
35 ing education and who practices professional engineering without such
36 registration, may be subject to disciplinary proceedings pursuant to
37 section nine hundred forty-four of this article.
38 4. As used in subdivision two of this section, "acceptable continuing
39 education" shall mean courses of learning and educational activities
40 which contribute to professional practice in professional engineering
41 and which meet the standards prescribed by regulations of the secretary
42 of state. The department of state may, in its discretion and as needed
43 to contribute to the health and welfare of the public, require the
44 completion of continuing education courses in specific subjects.
45 5. Professional engineers shall maintain adequate documentation of
46 completion of acceptable continuing education and educational activities
47 and shall provide such documentation at the request of the department of
48 state.
49 6. The mandatory continuing education fee shall be forty-five dollars,
50 shall be payable on or before the first day of each triennial registra-
51 tion period, and shall be paid in addition to the triennial registration
52 fee required by section sixteen hundred fifty-six of this subarticle.
53 SUBARTICLE 14
54 ARCHITECTURE
S. 1407 264 A. 2107
1 Section 1700. Introduction.
2 1701. Definition of the practice of architecture.
3 1702. Practice of architecture and use of title "architect".
4 1703. State board for architecture.
5 1704. Requirements for a professional license.
6 1705. Limited permits.
7 1706. Exempt persons.
8 1707. Special provisions.
9 1708. Mandatory continuing education for architects.
10 § 1700. Introduction. This subarticle applies to the profession of
11 architecture. The general provisions for all professions contained in
12 subarticle one of this article apply to this subarticle.
13 § 1701. Definition of the practice of architecture. The practice of
14 the profession of architecture is defined as rendering or offering to
15 render services which require the application of the art, science, and
16 aesthetics of design and construction of buildings, groups of buildings,
17 including their components and appurtenances and the spaces around them
18 wherein the safeguarding of life, health, property, and public welfare
19 is concerned. Such services include, but are not limited to consulta-
20 tion, evaluation, planning, the provision of preliminary studies,
21 designs, construction documents, construction management, and the admin-
22 istration of construction contracts.
23 § 1702. Practice of architecture and use of title "architect". Only a
24 person licensed or otherwise authorized to practice under this subarti-
25 cle shall practice architecture or use the title "architect".
26 § 1703. State board for architecture. 1. A state board for architec-
27 ture shall be appointed by the secretary of state for the purpose of
28 assisting the secretary of state and the department of state on matters
29 of professional licensing and professional conduct in accordance with
30 section nine hundred twenty-two of this article. The board shall be
31 composed of not less than seven architects licensed in this state. An
32 executive secretary to the board shall be appointed by the secretary of
33 state and shall be an architect licensed in this state.
34 2. For purposes of this subarticle, "board" means the state board for
35 architecture.
36 § 1704. Requirements for a professional license. 1. To qualify for a
37 license as an architect, an applicant shall fulfill the following
38 requirements:
39 (1) Application: file an application with the department of state;
40 (2) Education: have received an education, including a bachelor's or
41 higher degree in architecture, in accordance with the regulations of the
42 secretary of state;
43 (3) Experience: have experience satisfactory to the board in appropri-
44 ate architectural work and of sufficient amount so that the combined
45 college study and experience total eight years;
46 (4) Examination: pass an examination satisfactory to the board and in
47 accordance with the regulations of the secretary of state;
48 (5) Age: be at least twenty-one years of age;
49 (6) Citizenship: meet no requirement as to United States citizenship;
50 (7) Character: be of good moral character as determined by the depart-
51 ment of state; and
52 (8) Fees: pay a fee of three hundred forty-five dollars to the depart-
53 ment of state for admission to a department conducted examination and
54 for an initial license, a fee of one hundred seventy dollars for each
55 reexamination, a fee of one hundred thirty-five dollars for an initial
56 license for persons not requiring admission to a department conducted
S. 1407 265 A. 2107
1 examination, and a fee of two hundred ten dollars for each triennial
2 registration period. The fee for a department of state conducted exam-
3 ination may be prorated for candidates taking parts of the examination.
4 2. In lieu of degree and experience requirements specified in para-
5 graphs two and three of subdivision one of this section, twelve years of
6 practical experience in architectural work of a grade and character
7 satisfactory to the board may be accepted by the department of state
8 provided that each complete year of college study satisfactory to the
9 department of state may at the discretion of the board be accepted in
10 lieu of two years of experience but not to exceed nine years toward the
11 required total of twelve years.
12 3. In lieu of degree, experience and examination requirements speci-
13 fied in paragraphs two, three and four of subdivision one of this
14 section, ten years of lawful practice of architecture outside the state
15 satisfactory to the board may be accepted by the department of state
16 upon the passing of a practical examination satisfactory to the board.
17 4. In lieu of degree, experience and examination requirements speci-
18 fied in paragraphs two, three and four of subdivision one of this
19 section, a certificate of qualification issued by the national council
20 of architectural registration boards on the basis of the fulfillment of
21 requirements satisfactory to the board may be accepted by the department
22 of state, provided further that the board shall be authorized to prepare
23 and conduct examinations leading to certification of applicants by the
24 national council of architectural registration boards.
25 § 1705. Limited permits. 1. On recommendation of the board, the
26 department of state may issue a limited permit to practice architecture
27 to an architect not a resident of this state and having no established
28 business in this state who is legally qualified to practice as such in
29 his own country or state and who submits evidence satisfactory to the
30 board of established and recognized professional standing in his own
31 country or state and who submits satisfactory certifications as to char-
32 acter and qualifications. Such limited permit shall entitle the holder
33 to practice architecture in this state but only in connection with the
34 specific project for which it is granted.
35 2. Fees. The fee for each limited permit shall be one hundred five
36 dollars.
37 § 1706. Exempt persons. This subarticle shall not be construed to
38 affect or prevent:
39 1. The preparation of details and shop drawings by persons, other than
40 architects, for use in connection with the execution of their work;
41 2. Employees of those lawfully practicing as architects under the
42 provisions of this subarticle from acting under the instruction, control
43 or supervision of their employers;
44 3. Builders, or superintendents employed by such builders, from super-
45 vising the construction or structural alteration of buildings or struc-
46 tures; or
47 4. A holder of a valid certificate of the national council of archi-
48 tectural registration boards, not licensed in this state, from coming
49 into the state for interview, but not to perform any architectural
50 services or enter into any contract until such time as he is licensed as
51 an architect in this state.
52 5. The practice of engineering or land surveying by an engineer or
53 land surveyor licensed in this state, or the practice of landscape
54 architecture by a landscape architect licensed in this state, provided
55 that no such engineer, land surveyor or landscape architect shall use
S. 1407 266 A. 2107
1 the designation "architect," or "architectural" or "architecture" unless
2 licensed as an architect in this state.
3 6. Employment of any person as a junior or assistant architect by the
4 City of New York in a position the title of which was approved and in
5 use as of July first, nineteen hundred seventy-one, provided such person
6 acts under the general direction of a licensed architect.
7 7. Contractors or builders from engaging in construction management
8 and administration of construction contracts.
9 § 1707. Special provisions. 1. Every architect shall have a seal,
10 approved by the board, which shall contain the name of the architect and
11 either the words "Registered Architect" and such other words or figures
12 as the board may deem necessary. All working drawings and specifica-
13 tions, prepared by such architect or by a full-time or part-time subor-
14 dinate employed under his or her supervision, shall be stamped with such
15 seal and shall also be signed on the original with the personal signa-
16 ture of such architect when filed with public officials. Except for
17 plans and specifications excluded from the provisions of this subarticle
18 by section seventeen hundred six of this subarticle, no official of this
19 state, or of any county, city, town or village therein, charged with the
20 enforcement of laws, ordinances or regulations relating to the
21 construction or alteration of buildings or structures, shall accept or
22 approve any plans or specifications that are not stamped:
23 a. With the seal of an architect or professional engineer registered
24 in this state and bearing the authorized facsimile of the signature of
25 such architect or professional engineer; or
26 b. With the official seal and authorized facsimile of the signature of
27 an architect or professional engineer not a resident of this state and
28 having no established business in this state, but who is legally quali-
29 fied to practice as such in his or her own state or country, provided
30 that such person holds a limited permit issued by the department of
31 state, and provided further that the plans or specifications are accom-
32 panied by and have attached thereto written authorization issued by the
33 department of state for the specific project.
34 2. Engineers, land surveyors, architects and landscape architects may
35 join in the formation of a joint enterprise, or a partnership or a
36 professional service corporation or may form any desired combination of
37 such professions and may use in the name of such corporation the title
38 of any of the professions which will be practiced. After the name of
39 each member his or her profession shall be indicated.
40 3. A firm name may be continued by employees having at least fifteen
41 years of continuous service if the retired members and legal represen-
42 tatives of deceased members consent to such continuance.
43 4. It shall be lawful for a corporation organized and existing under
44 the laws of the state of New York, and which on or before the twelfth
45 day of April nineteen hundred twenty-nine and continuously thereafter
46 was lawfully practicing in New York state to continue such practice,
47 provided that the chief executive officer of such corporation in the
48 state of New York shall be an architect licensed under this subarticle,
49 and provided further that the construction of buildings and structures
50 shall be under the personal supervision of such architect and that draw-
51 ings, plans, and specifications shall be prepared under the personal
52 direction and supervision of such architect and bear the stamp of his or
53 her official seal, and the drawings or specifications shall also be
54 signed on the original, with the personal signature of such architect.
55 No such corporation shall be permitted to change its name and continue
S. 1407 267 A. 2107
1 to practice architecture, except upon the written approval of the
2 department of state.
3 5. This subarticle shall not apply to: 1. Farm buildings, including
4 barns, sheds, poultry houses and other buildings used directly and sole-
5 ly for agricultural purposes; nor to residence buildings of gross area
6 of fifteen hundred square feet or less, not including garages, carports,
7 porches, cellars, or uninhabitable basements or attics; or
8 2. Alterations, costing ten thousand dollars or less, to any building
9 or structure within the city of New York and twenty thousand dollars or
10 less, to any building or structure outside the city of New York which do
11 not involve changes affecting the structural safety or public safety
12 thereof.
13 § 1708. Mandatory continuing education for architects. 1. (a) Each
14 licensed architect required under this subarticle to register triennial-
15 ly with the department of state to practice in the state shall comply
16 with provisions of the mandatory continuing education requirements
17 prescribed in subdivision two of this section except as set forth in
18 paragraphs (b) and (c) of this subdivision. Architects who do not satis-
19 fy the mandatory continuing education requirements shall not practice
20 until they have met such requirements, and have been issued a registra-
21 tion certificate, except that an architect may practice without having
22 met such requirements if he or she is issued a conditional registration
23 certificate pursuant to subdivision three of this section.
24 (b) Architects shall be exempt from the mandatory continuing education
25 requirement for the triennial registration period during which they are
26 first licensed. In accord with the intent of this section, adjustment to
27 the mandatory continuing education requirement may be granted by the
28 department of state for reasons of health certified by an appropriate
29 health care professional, for extended active duty with the armed forces
30 of the United States, or for other good cause acceptable to the depart-
31 ment of state which may prevent compliance.
32 (c) A licensed architect not engaged in practice as determined by the
33 department of state, shall be exempt from the mandatory continuing
34 education requirement upon the filing of a statement with the department
35 of state declaring such status. Any licensee who returns to the practice
36 of architecture during the triennial registration period shall notify
37 the department of state prior to reentering the profession and shall
38 meet such mandatory education requirements as shall be prescribed by
39 regulations of the secretary of state.
40 2. During each triennial registration period an applicant for regis-
41 tration shall complete a minimum of thirty-six hours of acceptable
42 formal continuing education, as specified in subdivision four of this
43 section, provided that no more than twelve hours of such continuing
44 education shall consist of self-study courses, and, a minimum of twen-
45 ty-four hours of such continuing education shall consist of courses in
46 the areas of health, safety and welfare. A licensee who has not satis-
47 fied the mandatory continuing education requirements shall not be issued
48 a triennial registration certificate by the department of state and
49 shall not practice unless and until a conditional registration certif-
50 icate is issued as provided for in subdivision three of this section.
51 With the exception of continuing education hours taken during the regis-
52 tration period immediately preceding the effective date of this section,
53 continuing education hours taken during one triennium may not be trans-
54 ferred to a subsequent triennium.
55 3. The department of state, in its discretion, may issue a conditional
56 registration to a licensee who fails to meet the continuing education
S. 1407 268 A. 2107
1 requirements established in subdivision two of this section but who
2 agrees to make up any deficiencies and complete any additional education
3 which the department of state may require. The fee for such a condi-
4 tional registration shall be the same as, and in addition to, the fee
5 for the triennial registration. The duration of such conditional regis-
6 tration shall be determined by the department of state but shall not
7 exceed one year. Any licensee who is notified of the denial of registra-
8 tion for failure to submit evidence, satisfactory to the department of
9 state, of required continuing education and who practices architecture
10 without such registration, may be subject to disciplinary proceedings
11 pursuant to section nine hundred forty-four of this article.
12 4. As used in subdivision two of this section, "acceptable formal
13 continuing education" shall mean formal courses of learning which
14 contribute to professional practice in architecture and which meet the
15 standards prescribed by regulations of the secretary of state. The
16 department of state may, in its discretion and as needed to contribute
17 to the health and welfare of the public, require the completion of
18 continuing education courses in specific subjects.
19 5. Architects shall maintain adequate documentation of completion of
20 acceptable formal continuing education and shall provide such documenta-
21 tion at the request of the department of state.
22 6. The mandatory continuing education fee shall be forty-five dollars,
23 shall be payable on or before the first day of each triennial registra-
24 tion period, and shall be paid in addition to the triennial registration
25 fee required by section seventeen hundred four of this subarticle.
26 SUBARTICLE 15
27 LANDSCAPE ARCHITECTURE
28 Section 1750. Introduction.
29 1751. Definition of practice of landscape architecture.
30 1752. Practice of landscape architecture and use of title "land-
31 scape architect".
32 1753. State board for landscape architecture.
33 1754. Requirements for a professional license.
34 1755. Limited permits.
35 1756. Exempt persons.
36 1757. Special provisions.
37 § 1750. Introduction. This subarticle applies to the profession of
38 landscape architecture. The general provisions for all professions
39 contained in subarticle one of this article apply to this subarticle.
40 § 1751. Definition of practice of landscape architecture. The prac-
41 tice of the profession of landscape architecture is defined as perform-
42 ing services in connection with the development of land areas where, and
43 to the extent that the dominant purpose of such services is the preser-
44 vation, enhancement or determination of proper land uses, natural land
45 features, ground cover and planting, naturalistic and aesthetic values,
46 the settings, approaches or environment for structures or other improve-
47 ments, natural drainage and the consideration and determination of
48 inherent problems of the land relating to the erosion, wear and tear,
49 blight or other hazards. This practice shall include the location and
50 arrangement of such tangible objects and features as are incidental and
51 necessary to the purposes outlined herein but shall not include the
52 design of structures or facilities with separate and self-contained
53 purposes such as are ordinarily included in the practice of engineering
S. 1407 269 A. 2107
1 or architecture; and shall not include the making of land surveys or
2 final land plats for official approval or recording.
3 § 1752. Practice of landscape architecture and use of title "landscape
4 architect". Only a person licensed or otherwise authorized to practice
5 under this subarticle shall practice landscape architecture or use the
6 title "landscape architect".
7 § 1753. State board for landscape architecture. 1. A state board for
8 landscape architecture shall be appointed by the secretary of state for
9 the purpose of assisting the secretary of state and the department of
10 state on matters of professional licensing and professional conduct in
11 accordance with section nine hundred twenty-two of this article. The
12 board shall be composed of not less than seven landscape architects
13 licensed in this state. An executive secretary to the board shall be
14 appointed by the secretary of state.
15 2. For purposes of this subarticle, "board" means the state board for
16 landscape architecture.
17 § 1754. Requirements for a professional license. 1. To qualify for a
18 license as a landscape architect, an applicant shall fulfill the follow-
19 ing requirements:
20 (1) Application: file an application with the department of state;
21 (2) Education: have received an education, including a bachelor's or
22 higher degree in landscape architecture, in accordance with the regu-
23 lations of the secretary of state;
24 (3) Experience: have experience satisfactory to the board in appropri-
25 ate landscape architectural work and of sufficient amount so that the
26 combined college study and experience total eight years;
27 (4) Examination: pass an examination satisfactory to the board and in
28 accordance with the regulations of the secretary of state;
29 (5) Age: be at least twenty-one years of age;
30 (6) Citizenship or immigration status: be a United States citizen or
31 an alien lawfully admitted for permanent residence in the United States;
32 (7) Character: be of good moral character as determined by the depart-
33 ment of state; and
34 (8) Fees: pay a fee of two hundred twenty dollars to the department of
35 state for admission to a department conducted examination and for an
36 initial license, a fee of one hundred fifteen dollars for each reexam-
37 ination, a fee of one hundred fifteen dollars for an initial license for
38 persons not requiring admission to a department conducted examination,
39 and a fee of one hundred fifty-five dollars for each triennial registra-
40 tion period.
41 2. In lieu of degree and experience requirements specified in para-
42 graphs two and three of subdivision one of this section, twelve years of
43 practical experience in landscape architecture of a grade and character
44 satisfactory to the board may be accepted by the department of state
45 provided that each complete year of study satisfactory to the department
46 of state may at the discretion of the board be accepted in lieu of two
47 years of experience but not to exceed eight years toward the required
48 total of twelve years. Eight years of such experience satisfactory to
49 the board may be accepted by the department of state for admission to
50 that portion of the examination related to fundamental landscape archi-
51 tecture theory.
52 3. In lieu of degree, experience and examination requirements speci-
53 fied in paragraphs two, three and four of subdivision one of this
54 section, ten years of lawful practice of landscape architecture outside
55 the state satisfactory to the board may be accepted by the department of
S. 1407 270 A. 2107
1 state upon the passing of a practical examination satisfactory to the
2 board.
3 4. On recommendation of the board, the department of state may exempt
4 from examination an applicant who holds a license or certificate to
5 practice landscape architecture issued to him or her upon examination by
6 a legally constituted board of examiners in any other state or political
7 subdivision of the United States, provided the applicant's qualifica-
8 tions met the requirements in this state at the time such license was
9 issued.
10 § 1755. Limited permits. 1. On recommendation of the board, the
11 department of state may issue a limited permit to practice landscape
12 architecture to a landscape architect not a resident of this state and
13 having no established business in this state who is legally qualified to
14 practice as such in his or her own country or state and who submits
15 evidence satisfactory to the board of established and recognized profes-
16 sional standing in his or her own country or state and satisfactory
17 certifications as to character and qualifications. Such limited permit
18 shall be issued solely in connection with the specific project for which
19 it is granted.
20 2. Fees. The fee for each limited permit shall be seventy dollars.
21 § 1756. Exempt persons. This subarticle shall not be construed to
22 affect or prevent:
23 a. The preparation of details and shop drawings by persons, other than
24 landscape architects, for use in connection with the execution of their
25 work;
26 b. Employees of those lawfully practicing as landscape architects
27 under the provisions of this subarticle from acting under the instruc-
28 tion, control or supervision of their employers;
29 c. Supervision by builders, or superintendents employed by such build-
30 ers, of the installation of landscape projects; or
31 d. Business conducted in this state by any agriculturist, horticultu-
32 rist, tree expert, arborist, forester, nurseryman or landscape nursery-
33 man, gardener, landscape gardener, landscape contractor, garden or lawn
34 caretaker or grader or cultivator of land, as these terms are generally
35 used, except that no such person shall use the designation landscape
36 architect, landscape architectural or landscape architecture unless
37 licensed under this subarticle.
38 e. Employment of any person as a junior or assistant landscape archi-
39 tect by the city of New York in a position the title of which was
40 approved and in use as of July first, nineteen hundred seventy-one,
41 provided such person acts under the general supervision of a licensed
42 landscape architect.
43 f. The practice of architecture by an architect licensed in this
44 state, or the practice of engineering or land surveying by an engineer
45 or land surveyor licensed in this state, provided that no such archi-
46 tect, engineer or land surveyor shall use the designation "landscape
47 architect," "landscape architectural" or "landscape architecture" unless
48 licensed as a landscape architect in this state.
49 § 1757. Special provisions. 1. Every landscape architect shall have a
50 seal, approved by the board, which shall contain the name of the land-
51 scape architect and either the words "Registered Landscape Architect"
52 and such other words or figures as the board may deem necessary. All
53 working drawings and specifications prepared by such landscape architect
54 relating to the setting, approaches or environment for structures or
55 other improvements or under the supervision of such landscape architect,
56 shall be stamped with such seal and signed on the original, with the
S. 1407 271 A. 2107
1 personal signature of such landscape architect when filed with public
2 officials, or with the official seal and personal signature of a land-
3 scape architect granted a limited permit under section seventeen hundred
4 fifty-five of this subarticle when such drawings and specifications are
5 accompanied by a written authorization from the department of state for
6 the specific project concerned.
7 2. Engineers, land surveyors, architects and landscape architects may
8 join in the formation of a joint enterprise, or a partnership or a
9 professional service corporation or may form any desired combination of
10 such professions and may use in the name of such corporation the title
11 of any of the professions which will be practiced. After the name of
12 each member his or her profession shall be indicated.
13 3. A firm name may be continued by employees having at least fifteen
14 years of continuous service if the retired members and legal represen-
15 tatives of deceased members consent to such continuance.
16 4. It shall be lawful for a corporation organized and existing under
17 the laws of the state of New York, and which on or before the first day
18 of April nineteen hundred sixty-one was legally incorporated to practice
19 landscape architecture, while conforming to the provisions of this arti-
20 cle, and which has been continuously engaged in such practice since such
21 time to continue such practice provided that the chief executive officer
22 of such corporation in the state of New York shall be a landscape archi-
23 tect licensed under this subarticle, and provided further that the
24 supervision of such projects shall be under the personal supervision of
25 such landscape architect and that such plans and designs shall be
26 prepared under the personal direction and supervision of such landscape
27 architect and bear the stamp of his or her official seal, and such draw-
28 ings or specifications shall also be signed on the original, with the
29 personal signature of such landscape architect. No such corporation
30 shall be permitted to change its name and continue to practice landscape
31 architecture, except upon the written approval of the department of
32 state.
33 SUBARTICLE 16
34 PUBLIC ACCOUNTANCY
35 Section 1800. Introduction.
36 1801. Definition of practice of public accountancy.
37 1802. Practice of public accountancy and use of title "certified
38 public accountant" or "public accountant".
39 1803. State board for public accountancy.
40 1804. Requirements for a license as a certified public account-
41 ant.
42 1805. Requirements for a license as a public accountant.
43 1806. Limited permits.
44 1807. Exempt persons.
45 1808. Special provisions.
46 1809. Mandatory continuing education.
47 § 1800. Introduction. This subarticle applies to the profession of
48 public accountancy. The general provisions for all professions contained
49 in subarticle one of this article apply to this subarticle.
50 § 1801. Definition of practice of public accountancy. The practice of
51 the profession of public accountancy is defined as holding one's self
52 out to the public, in consideration of compensation received or to be
53 received, offering to perform or performing for other persons, services
54 which involve signing, delivering or issuing or causing to be signed,
S. 1407 272 A. 2107
1 delivered or issued any financial, accounting or related statement or
2 any opinion on, report on, or certificate to such statement if, by
3 reason of the signature, or the stationery or wording employed, or
4 otherwise, it is indicated or implied that the practitioner has acted or
5 is acting, in relation to said financial, accounting or related state-
6 ment, or reporting as an independent accountant or auditor or as an
7 individual having or purporting to have expert knowledge in accounting
8 or auditing.
9 § 1802. Practice of public accountancy and use of title "certified
10 public accountant" or "public accountant". Only a person licensed or
11 otherwise authorized to practice under this subarticle shall practice
12 public accountancy and use the title "certified public accountant" or
13 the designation "C.P.A." or "public accountant" or any other derivative
14 or designation provided in section eighteen hundred eight of this subar-
15 ticle.
16 § 1803. State board for public accountancy. 1. A state board for
17 public accountancy shall be appointed by the secretary of state for the
18 purpose of assisting the secretary of state and the department of state
19 on matters of professional licensing and professional conduct in accord-
20 ance with section nine hundred twenty-two of this article. The board
21 shall be composed of not less than twenty licensed accountants, not less
22 than fifteen of whom shall be licensed as certified public accountants
23 in this state, and the board should be kept in such proportion if it is
24 ever increased. An executive secretary to the board shall be appointed
25 by the secretary of state and shall be a certified public accountant
26 licensed in this state.
27 2. For purposes of this subarticle, "board" means the state board for
28 public accounting.
29 § 1804. Requirements for a license as a certified public accountant.
30 1. To qualify for a license as a certified public accountant, an appli-
31 cant shall fulfill the following requirements:
32 (1) Application: file an application with the department of state;
33 (2) Education: have received an education, including a bachelor's or
34 higher degree based on a program in accountancy, in accordance with the
35 regulations of the secretary of state;
36 (3) Experience: have experience satisfactory to the board and in
37 accordance with the regulations of the secretary of state;
38 (4) Examination: pass a written examination satisfactory to the board
39 and in accordance with the regulations of the secretary of state and the
40 requirement with respect to such examination may not be waived;
41 (5) Age: be at least twenty-one years of age;
42 (6) Citizenship: meet no requirements as to United States citizenship;
43 (7) Character: be of good moral character as determined by the depart-
44 ment of state; and
45 (8) Fees: pay a fee of two hundred twenty dollars to the department of
46 state for admission to a department conducted examination and for an
47 initial license, a fee of one hundred fifteen dollars for each reexam-
48 ination, a fee of one hundred thirty-five dollars for an initial license
49 for persons not requiring admission to a department conducted examina-
50 tion, and a fee of two hundred ten dollars for each triennial registra-
51 tion period.
52 2. In lieu of professional requirements specified in paragraphs two
53 and three of subdivision one of this section, fifteen years in the prac-
54 tice of public accountancy satisfactory to the board may be accepted by
55 the department of state.
S. 1407 273 A. 2107
1 § 1805. Requirements for a license as a public accountant. To qualify
2 for a license as a public accountant, an applicant shall fulfill the
3 following requirements:
4 (1) Application: file an application with the department of state;
5 (2) Declaration of intention: a. Have filed a declaration of intention
6 to practice as a public accountant with the department of state on or
7 before October first, nineteen hundred fifty-nine, on the basis of
8 evidence that the applicant was engaged for a total of six years during
9 the ten years immediately preceding April twenty-third, nineteen hundred
10 fifty-nine, in the practice of public accountancy as an individual prac-
11 titioner or as a partner of a partnership or as an employee of such an
12 individual practitioner or partnership engaged in the practice of public
13 accountancy or as an employee of a department, agency or instrumentality
14 of the United States, the state, or a political subdivision of the state
15 in which employment his duties entailed the performance of all or some
16 of the services which would constitute the practice of public accountan-
17 cy, or a combination of the foregoing duties, or in the opinion of the
18 board the equivalent thereof;
19 b. Establish by evidence satisfactory to the board that at the date of
20 the filing of said declaration of intention, the applicant had complied
21 with the conditions established by law on April twenty-third, nineteen
22 hundred fifty-nine, has not violated the provisions relating to practice
23 in public accountancy, and is about to engage in the practice of public
24 accountancy as his principal occupation as an individual practitioner or
25 as a partner of a partnership;
26 (3) Character: be of good moral character as determined by the depart-
27 ment of state; and
28 (4) Fees: pay a fee to the department of state for an initial license
29 of two hundred twenty dollars, and a fee of two hundred ten dollars for
30 each triennial registration period.
31 § 1806. Limited permits. 1. On recommendation of the board, the
32 department of state may issue a limited permit to an applicant of good
33 moral character who is the holder of a certificate, license or degree in
34 a foreign country constituting a recognized qualification for the
35 performance in such country of the acts set forth in section eighteen
36 hundred one of this subarticle, provided the applicant has professional
37 qualifications satisfactory to the board, the applicant resides or has a
38 place for the regular transaction of business within the state, and
39 equal recognition is granted by the foreign country concerned to certi-
40 fied public accountants and public accountants licensed in this state.
41 Such limited permit shall be valid for a period of two years and may be
42 renewed on recommendation of the board. Such permit shall authorize the
43 applicant to use only the title or designation under which he or she is
44 generally known in his or her own country, followed by the name of the
45 country from which he or she received his or her certificate, license or
46 degree, notwithstanding the provisions of subdivision two of section
47 eighteen hundred eight of this subarticle.
48 2. Fees. The fee for each limited permit and each renewal shall be one
49 hundred five dollars.
50 § 1807. Exempt persons. Nothing contained in this subarticle shall be
51 construed to prohibit:
52 a. Any person who is an officer of a corporation or partner of a part-
53 nership or sole proprietor of a business enterprise or a member of a
54 joint venture or member of a committee appointed by stockholders, credi-
55 tors, courts, trustees, executors or administrators, or an employee of
56 any of the foregoing, in his or her capacity as such, from signing,
S. 1407 274 A. 2107
1 delivering, or issuing any financial, accounting or related statement or
2 report thereon, relating to said corporation, partnership, business
3 venture, joint venture, committee, trust or estate, provided, however,
4 that in so doing such person does not hold himself or herself out to be
5 a certified public accountant or public accountant;
6 b. An attorney-at-law or partnership of attorneys-at-law from signing
7 a financial, accounting or related statement or report thereon, prepared
8 by him or her or them as incidental to the practice of law;
9 c. Any individual from serving as an employee of a certified public
10 accountant, public accountant or partnership licensed under this subar-
11 ticle;
12 d. Any individual, not engaged in practice as a certified public
13 accountant or public accountant within the state, from performing
14 services within the state which are incidental to the practice conducted
15 by him or her outside the state;
16 e. Any official or employee of a governmental unit, agency or instru-
17 mentality in the performance of his or her official duties from signing,
18 delivering or issuing any financial, accounting, or related statement or
19 report thereon relating to said unit, agency or instrumentality; or
20 f. A corporation chartered in the state of New York to engage in the
21 practice of public accountancy and so engaged as its principal activity
22 on and before the first day of July, nineteen hundred fifty-nine, from
23 continuing in such practice as long as its corporate acts comply with
24 the board rules, provided all employees of such corporation performing
25 any acts constituting the practice of public accountancy as defined
26 herein and who are not certified public accountants or public account-
27 ants licensed under this subarticle shall in the performance of such
28 acts be under the supervision of certified public accountants or public
29 accountants licensed in this state.
30 § 1808. Special provisions. 1. Nothing contained in this subarticle
31 shall be deemed to prohibit two or more certified public accountants or
32 two or more public accountants, or any combination thereof, from forming
33 a partnership; provided, however, that no partnership shall use the
34 words "certified public accountants" or the letters "C.P.A.'s" in
35 connection with its name unless each partner of such partnership, resi-
36 dent or engaged within the United States in practice is in good standing
37 as a certified public accountant of one or more of the states or poli-
38 tical subdivisions of the United States, and each partner thereof resi-
39 dent or engaged in practice within the state is licensed under this
40 subarticle.
41 a. A registration shall be issued to a partnership upon payment of the
42 fee prescribed by the secretary of state upon application showing that:
43 (1) At least one partner of such partnership is licensed under this
44 subarticle and his or her license to practice is not currently
45 suspended, annulled or revoked in any jurisdiction and he or she is
46 regularly engaged in practice on behalf of the partnership within the
47 state;
48 (2) The partnership consists of at least two present members; and
49 (3) The partnership contains at least as many present partners as the
50 total number of names in the firm name, or, where the word "company" or
51 abbreviation "co." is used, the number of present partners shall be
52 greater than the number of names in the firm name.
53 b. Such registration may be revoked after a hearing conducted in
54 accordance with the provisions of section nine hundred forty-four of
55 this article upon proof:
S. 1407 275 A. 2107
1 (1) That the registration was obtained by either misrepresentation or
2 suppression of any material fact;
3 (2) That the license or authorization to practice of any partner is
4 suspended, annulled or revoked in any jurisdiction;
5 (3) That any partner in such a partnership is or has been engaged in
6 the practice of public accountancy in this state who is not licensed in
7 this state; or
8 (4) That the partnership failed to file the written notification
9 required pursuant to paragraph d of this subdivision of this section.
10 c. Personal service on any general partner of a notice of hearing to
11 revoke a partnership registered hereunder shall be deemed service on the
12 partnership.
13 d. A partnership registered to practice pursuant to this section shall
14 file with the department of state on or before July first of each year
15 written notification of:
16 (1) Any admission of a partner,
17 (2) Any retirement or death of a partner,
18 (3) Any termination of partnership, or
19 (4) Any occurrence of any event or events which would eliminate as to
20 such partnership conformity with the applicable requirements of this
21 section.
22 e. Partnerships shall register triennially and pay a fee of fifty
23 dollars.
24 2. Any person shall be guilty of a class A misdemeanor who shall use,
25 in connection with the practice of public accountancy, or in any manner
26 tending to imply that he is an independent accountant or auditor, the
27 designations "chartered accountant", "certified accountant", "expert
28 accountant", "certified tax accountant", "tax accountant", "enrolled
29 accountant", "enrolled public accountant", "registered accountant",
30 "licensed accountant", "incorporated accountant", "registered public
31 accountant", "licensed public accountant", or any abbreviation thereof,
32 or the letters "C.A.", "E.A.", "C.T.A.", "T.A.", "E.P.A.", "R.A.",
33 "L.A.", "I.A.", "P.A.", "R.P.A.", or, "L.P.A.", except as provided else-
34 where in this subarticle, or any other designation tending to imply that
35 he or she has expert knowledge in accounting or auditing.
36 § 1809. Mandatory continuing education. 1. (a) Each licensed certified
37 public accountant and public accountant required under subarticle one of
38 this article to register triennially with the department of state to
39 practice in the state shall comply with the provisions of the mandatory
40 continuing education requirements except as set forth in paragraphs (b)
41 and (c) of this subdivision. Certified public accountants and public
42 accountants who do not satisfy the mandatory continuing education
43 requirements shall not practice until they have met such requirements,
44 they have paid all applicable fees, and they have been issued a regis-
45 tration or conditional registration certificate.
46 (b) Certified public accountants and public accountants shall be
47 exempt from the mandatory continuing education requirement for the
48 triennial registration period during which they are first licensed. In
49 accordance with the intent of this section, adjustments to the mandatory
50 continuing education requirement may be granted by the department of
51 state for reasons of health certified by a physician, for extended
52 active duty with armed forces of the United States, or for other good
53 cause acceptable to the department of state which may prevent compli-
54 ance.
55 (c) A licensed certified public accountant and a public accountant not
56 engaged in public practice as an individual practitioner, a partner of a
S. 1407 276 A. 2107
1 partnership, a shareholder of a professional service corporation, or an
2 employee of such practice units, shall be exempt from the mandatory
3 continuing education requirement and payment of the mandatory continuing
4 education fee upon the filing of a statement with the department of
5 state declaring such status. Any licensee who returns to the public
6 practice of certified public accountancy or public accountancy during
7 the triennial registration period shall notify the department prior to
8 reentering the profession and shall pay the current mandatory continuing
9 education fee and shall meet such mandatory continuing education
10 requirements as shall be prescribed by regulations of the secretary of
11 state.
12 2. During each registration period, an applicant for registration
13 shall have the option of (a) completing a minimum of forty contact hours
14 of acceptable formal continuing education in recognized areas of study,
15 or (b) completing a minimum of twenty-four contact hours of acceptable
16 formal continuing education concentrated in any one of the following
17 three subject areas: auditing, accounting, or taxation. A licensee who
18 has not satisfied the mandatory continuing education requirements shall
19 not be issued a triennial registration certificate by the department of
20 state and shall not practice unless and until a conditional registration
21 certificate is issued as provided in subdivision three of this section.
22 No hourly credits may be transferred from one year to a subsequent year.
23 The individual licensee shall determine the selection of courses or
24 programs of study pursuant to subdivision four of this section.
25 3. The department of state, in its discretion, may issue a conditional
26 registration to a licensee who fails to meet the continuing education
27 requirements established in subdivision two of this section but who
28 agrees to make up any deficiencies and take any additional education
29 which the department may require. The fee for such a conditional regis-
30 tration shall be the same as, and in addition to, the fee for the trien-
31 nial registration. The duration of such conditional registration shall
32 be determined by the department of state. Any licensee who is notified
33 of the denial of registration for failure to submit evidence, satisfac-
34 tory to the department of state, of required continuing education and
35 who practices public accountancy without such registration, may be
36 subject to disciplinary proceedings pursuant to section nine hundred
37 forty-four of this article.
38 4. As used in subdivision two of this section, "acceptable formal
39 continuing education" shall mean formal programs of learning which
40 contribute to professional practice and which meet the standards
41 prescribed by regulations of the secretary of state. Recognized areas of
42 study shall include but not be limited to: accounting, auditing, taxa-
43 tion, advisory services, specialized knowledge and applications related
44 to specialized industries, and such other technical areas appropriately
45 related to the practice of accounting as may be acceptable to the
46 department of state. To fulfill the mandatory continuing education
47 requirement, programs must be taken from sponsors approved by the
48 department of state, pursuant to the regulations of the secretary of
49 state.
50 5. The mandatory continuing education fee shall be determined by the
51 secretary of state, shall be payable on or before the first day of each
52 triennial registration period, and shall be paid in addition to the
53 triennial registration fee required by section eighteen hundred four of
54 this subarticle.
55 SUBARTICLE 17
S. 1407 277 A. 2107
1 SHORTHAND REPORTING
2 Section 1850. Introduction.
3 1851. Definition of practice as a certified shorthand reporter.
4 1852. Use of title "certified shorthand reporter".
5 1853. State board for certified shorthand reporting.
6 1854. Requirements for a professional license.
7 § 1850. Introduction. This subarticle applies to the use of the title
8 "certified shorthand reporter". The general provisions for all
9 professions contained in subarticle one of this article apply to this
10 subarticle.
11 § 1851. Definition of practice as a certified shorthand reporter. The
12 practice as a certified shorthand reporter is defined as engaging, under
13 such title, in making by a written system of either manual shorthand or
14 machine shorthand, a verbatim record of any oral court proceeding,
15 disposition, hearing or proceeding before any grand jury, referee,
16 commissioner, or arbitrator, or of any convention, deliberative assem-
17 bly, or meeting of like character.
18 § 1852. Use of title "certified shorthand reporter". Only a person
19 licensed under this subarticle shall be authorized to use the title
20 "certified shorthand reporter".
21 § 1853. State board for certified shorthand reporting. 1. A state
22 board for certified shorthand reporting shall be appointed by the secre-
23 tary of state for the purpose of assisting the secretary of state and
24 the department of state on matters of professional licensing and profes-
25 sional conduct in accordance with section nine hundred twenty-two of
26 this article. The board shall be composed of not less than five short-
27 hand reporters licensed in this state. An executive secretary to the
28 board shall be appointed by the secretary of state.
29 2. For purposes of this subarticle "board" means the state board for
30 certified shorthand reporting.
31 § 1854. Requirements for a professional license. 1. To qualify for a
32 license as a certified shorthand reporter, an applicant shall fulfill
33 the following requirements:
34 (1) Application: file an application with the department of state;
35 (2) Education: have received an education, including high school grad-
36 uation and completion of a program in shorthand reporting, in accordance
37 with the regulations of the secretary of state;
38 (3) Experience: have experience satisfactory to the board and in
39 accordance with the regulations of the secretary of state;
40 (4) Examination: pass an examination satisfactory to the board and in
41 accordance with the regulations of the secretary of state;
42 (5) Age: be at least twenty-one years of age;
43 (6) Citizenship or immigration status: be a United States citizen or
44 an alien lawfully admitted for permanent residence in the United States;
45 (7) Character: be of good moral character as determined by the depart-
46 ment of state; and
47 (8) Fees: pay a fee of one hundred fifteen dollars to the department
48 of state for admission to a department conducted examination and for an
49 initial license, a fee of forty-five dollars for each reexamination, a
50 fee of fifty dollars for an initial license for persons not requiring
51 admission to a department conducted examination, and a fee of fifty
52 dollars for each triennial registration period.
53 2. In lieu of professional qualifications specified in paragraphs two
54 and three of subdivision one of this section, five years of experience
S. 1407 278 A. 2107
1 in shorthand reporting satisfactory to the board may be accepted by the
2 department of state.
3 SUBARTICLE 18
4 PSYCHOLOGY
5 Section 1900. Introduction.
6 1901. Practice of psychology and use of the title "psychol-
7 ogist".
8 1902. Definition of the practice of psychology.
9 1903. State board for psychology.
10 1904. Requirements for a professional license.
11 1905. Limited permits.
12 1906. Exempt persons.
13 1907. Prohibitions.
14 § 1900. Introduction. This subarticle applies to the profession and
15 practice of psychology and to the use of the title "psychologist". The
16 general provisions for all professions contained in subarticle one of
17 this article apply to this subarticle.
18 § 1901. Practice of psychology and use of the title "psychologist".
19 Only a person licensed or otherwise authorized under this subarticle
20 shall be authorized to practice psychology or to use the title "psychol-
21 ogist" or to describe his or her services by use of the words "psychol-
22 ogist", "psychology" or "psychological" in connection with his or her
23 practice.
24 § 1902. Definition of the practice of psychology. 1. The practice of
25 psychology is the observation, description, evaluation, interpretation,
26 and modification of behavior for the purpose of preventing or eliminat-
27 ing symptomatic, maladaptive or undesired behavior; enhancing interper-
28 sonal relationships, personal, group or organizational effectiveness and
29 work and/or life adjustment; and improving behavioral health and/or
30 mental health. The practice includes, but is not limited to psycholog-
31 ical (including neuropsychological) testing and counseling; psychoanal-
32 ysis; psychotherapy; the diagnosis and treatment of mental, nervous,
33 emotional, cognitive or behavioral disorders, disabilities, ailments or
34 illnesses, alcoholism, substance abuse, disorders of habit or conduct,
35 the psychological aspects of physical illness, accident, injury or disa-
36 bility, psychological aspects of learning (including learning disor-
37 ders); and the use of accepted classification systems.
38 2. The term "diagnosis and treatment" means the appropriate psycholog-
39 ical diagnosis and the ordering or providing of treatment according to
40 need. Treatment includes, but is not limited to counseling, psychothera-
41 py, marital or family therapy, psychoanalysis, and other psychological
42 interventions, including verbal, behavioral, or other appropriate means
43 as defined in regulations promulgated by the secretary of state.
44 § 1903. State board for psychology. 1. A state board for psychology
45 shall be appointed by the secretary of state for the purpose of assist-
46 ing the secretary of state and the department of state on matters of
47 professional licensing and professional conduct in accordance with
48 section nine hundred twenty-two of this article. The board shall be
49 composed of not less than eleven psychologists licensed in this state.
50 An executive secretary to the board shall be appointed by the secretary
51 of state and shall be a psychologist, licensed in this state.
52 2. For purposes of this subarticle, "board" means the state board for
53 psychology.
54 § 1904. Requirements for a professional license. To qualify for a
55 license as a psychologist, an applicant shall fulfill the following
56 requirements:
S. 1407 279 A. 2107
1 (1) Application: file an application with the department of state;
2 (2) Education: have received an education, including a doctoral degree
3 in psychology, granted on the basis of completion of a program of
4 psychology registered with the department of state or the substantial
5 equivalent thereof, in accordance with the regulations of the secretary
6 of state;
7 (3) Experience: have two years of supervised employment or engagement
8 in appropriate psychology activities satisfactory to the board and in
9 accordance with the regulations of the secretary of state;
10 (4) Examination: pass an examination satisfactory to the board and in
11 accordance with the regulations of the secretary of state;
12 (5) Age: be at least twenty-one years of age;
13 (6) Citizenship: meet no requirement as to United States citizenship;
14 (7) Character: be of good moral character as determined by the depart-
15 ment of state; and
16 (8) Fees: pay a fee of one hundred seventy dollars to the department
17 of state for admission to a department conducted examination and for an
18 initial license, a fee of eighty-five dollars for each reexamination, a
19 fee of one hundred fifteen dollars for an initial license for persons
20 not requiring admission to a department conducted examination, and a fee
21 of one hundred fifty-five dollars for each triennial registration peri-
22 od.
23 § 1905. Limited permits. 1. On recommendation of the board, the
24 department of state may issue a limited permit to practice as psychol-
25 ogist to an applicant holding a certificate or license to practice
26 psychology issued by another state or country, and whose qualifications
27 have been approved for admission to the examination for a license as
28 psychologist and who has resided in this state for a period of not more
29 than six months prior to the filing of such application. The limited
30 permit shall be valid for a period of not more than twelve months, or
31 until ten days after notification to the applicant of failure of the
32 professional licensing examination or until the results of a licensing
33 examination for which the applicant is eligible are officially released,
34 whichever comes first.
35 1-a. On the recommendation of the board, the department of state may
36 issue a limited permit valid for an aggregate of three years to a person
37 who has completed the doctoral dissertation and other doctoral degree
38 requirements and is gaining supervised experience to meet the experience
39 requirements for licensure. This permit may be re-issued for a maximum
40 period of one year for good cause, as determined by the department.
41 2. Fees. The fee for each limited permit shall be seventy dollars.
42 § 1906. Exempt persons. Nothing in this subarticle shall be construed
43 to affect or prevent:
44 1. The activities, services, and use of the title of psychologist, or
45 any derivation thereof, on the part of a person in the employ of a
46 federal, state, county or municipal agency, or other political subdivi-
47 sion, or a chartered elementary or secondary school or degree-granting
48 educational institution insofar as such activities and services are a
49 part of the duties of his salaried position.
50 2. The activities and services required of a student, intern, or resi-
51 dent in psychology, pursuing a course of study leading to a doctoral
52 degree in psychology in an institution approved by the department of
53 state, provided that such activities and services constitute a part of
54 his supervised course of study in psychology. Such persons shall be
55 designated by title as "psychological intern", "psychological trainee"
56 or other such title which clearly indicates his training status.
S. 1407 280 A. 2107
1 3. The practice, conduct, activities or services by any person
2 licensed or otherwise authorized to practice medicine within the state
3 pursuant to subarticle two of this article or by any person registered
4 to perform services as a physician assistant within the state pursuant
5 to subarticle two-b of this article.
6 4. The practice, conduct, activities, or services by any person
7 licensed or otherwise authorized to practice nursing as a registered
8 professional nurse within the state pursuant to subarticle eight of this
9 article or by any person licensed or otherwise authorized to practice as
10 a certified social worker within the state pursuant to subarticle nine-
11 teen of this article, or by any person licensed or otherwise authorized
12 to practice mental health counseling, marriage and family therapy, crea-
13 tive arts therapy, or psychoanalysis within the state pursuant to subar-
14 ticle twenty-seven of this article, or any individual who is creden-
15 tialed under any law, including attorneys, rape crisis counselors,
16 certified alcoholism counselors, and certified substance abuse counse-
17 lors from providing mental health services within their respective
18 established authorities.
19 5. The conduct, activities, or services of any member of the clergy or
20 Christian Science practitioner, in the provision of pastoral counseling
21 services within the context of his or her ministerial charge or obli-
22 gation.
23 6. The conduct, activities, or services of individuals, churches,
24 schools, teachers, organizations, or not-for-profit businesses in
25 providing instruction, advice, support, encouragement, or information to
26 individuals, families, and relational groups.
27 7. The practice, conduct, activities, or services of an occupational
28 therapist from performing work consistent with subarticle twenty-one of
29 this article.
30 8. The representation as a psychologist and the rendering of services
31 as such in this state for a temporary period of a person who resides
32 outside the state of New York and who engages in practice as a psychol-
33 ogist and conducts the major part of his or her practice as such outside
34 this state, provided such person has filed with the department of state
35 evidence that he or she has been licensed or certified in another state
36 or has been admitted to the examination in this state pursuant to
37 section nineteen hundred four of this subarticle. Such temporary period
38 shall not exceed ten consecutive business days in any period of ninety
39 consecutive days or in the aggregate exceed more than fifteen business
40 days in any such ninety-day period.
41 § 1907. Prohibitions. Any individual whose license or authority to
42 practice derives from the provisions of this subarticle shall be prohib-
43 ited from:
44 1. prescribing or administering drugs as defined in this chapter as a
45 treatment, therapy, or professional service in the practice of his or
46 her profession; or
47 2. using invasive procedures as a treatment, therapy, or professional
48 service in the practice of his or her profession. For purposes of this
49 subdivision, "invasive procedure" means any procedure in which human
50 tissue is cut, altered, or otherwise infiltrated by mechanical or other
51 means. Invasive procedure includes surgery, lasers, ionizing radiation,
52 therapeutic ultrasound, or electroconvulsive therapy.
53 SUBARTICLE 19
54 SOCIAL WORK
55 Section 1950. Introduction.
S. 1407 281 A. 2107
1 1951. Definition of practice as a "certified social worker".
2 1952. Use of the title "certified social worker".
3 1953. State board for social work.
4 1954. Requirements for a professional license.
5 1955. Limited permits.
6 § 1950. Introduction. This subarticle applies to the use of the title
7 "certified social worker". The general provisions for all professions
8 contained in subarticle one of this article apply to this subarticle.
9 § 1951. Definition of practice as a "certified social worker". The
10 practice of social work as a "certified social worker" is defined as
11 engaging, under such title, in social casework, social groupwork, commu-
12 nity organization, administration of a social work program, social work
13 education, social work research, or any combination of these in accord-
14 ance with social work principles and methods. The practice of social
15 work is for the purpose of helping individuals, families, groups and
16 communities to prevent or to resolve problems caused by social or
17 emotional stress.
18 § 1952. Use of the title "certified social worker". Only a person
19 licensed under this subarticle shall be authorized to use the title
20 "certified social worker".
21 § 1953. State board for social work. 1. A state board for social work
22 shall be appointed by the secretary of state for the purpose of assist-
23 ing the secretary of state and the department of state on matters of
24 professional licensing and professional conduct in accordance with
25 section nine hundred twenty-two of this article. The board shall be
26 composed of not less than seven certified social workers licensed in
27 this state. An executive secretary to the board shall be appointed by
28 the secretary of state and shall be a certified social worker licensed
29 in this state.
30 2. For purposes of this subarticle, "board" means the state board for
31 social work.
32 § 1954. Requirements for a professional license. To qualify for a
33 license as a "certified social worker" an applicant shall fulfill the
34 following requirements:
35 (1) Application: file an application with the department of state;
36 (2) Education: have received an education, including a master's or
37 equivalent degree in social work, in accordance with the regulations of
38 the secretary of state;
39 (3) Experience: meet no requirement as to experience;
40 (4) Examination: pass an examination satisfactory to the board and in
41 accordance with the regulations of the secretary of state;
42 (5) Age: be at least twenty-one years of age;
43 (6) Citizenship: meet no requirement as to United States citizenship;
44 (7) Character: be of good moral character as determined by the depart-
45 ment of state; and
46 (8) Fees: pay a fee of one hundred seventy dollars to the department
47 of state for admission to a department conducted examination and for an
48 initial license, a fee of eighty-five dollars for each reexamination, a
49 fee of one hundred fifteen dollars for an initial license for persons
50 not requiring admission to a department conducted examination, a fee of
51 one hundred fifty-five dollars for each triennial registration period,
52 and for additional authorization for the purposes of paragraphs four and
53 five of subsection (l) of section three thousand two hundred twenty-one
54 and subsection (i) of section four thousand three hundred three of the
55 insurance law, eighty-five dollars.
S. 1407 282 A. 2107
1 § 1955. Limited permits. 1. On recommendation of the board, the
2 department of state may issue a limited permit to practice social work
3 as a certified social worker to an applicant whose qualifications have
4 been approved for admission to the examination. This limited permit
5 shall be valid for a period of not more than eighteen months or until
6 the results of the next licensing examination for which the person is
7 eligible are officially available, whichever comes first.
8 2. Fees. The fee for each limited permit shall be seventy dollars.
9 SUBARTICLE 20
10 MASSAGE THERAPY
11 Section 2000. Introduction.
12 2001. Definition of practice of massage therapy.
13 2002. Practice of massage therapy and use of title "masseur",
14 "masseuse" or "massage therapist" or the term "massage"
15 or "massage therapy".
16 2003. State board for massage therapy.
17 2004. Requirements for a professional license.
18 2005. Exempt persons.
19 2006. Limited permits.
20 § 2000. Introduction. This subarticle applies to the profession of
21 massage therapy. The general provisions for all professions contained in
22 subarticle one of this article apply to this subarticle.
23 § 2001. Definition of practice of massage therapy. The practice of the
24 profession of massage therapy is defined as engaging in applying a
25 scientific system of activity to the muscular structure of the human
26 body by means of stroking, kneading, tapping and vibrating with the
27 hands or vibrators for the purpose of improving muscle tone and circu-
28 lation.
29 § 2002. Practice of massage therapy and use of title "masseur",
30 "masseuse" or "massage therapist" or the term "massage" or "massage
31 therapy". Only a person licensed or authorized pursuant to this article
32 shall practice massage therapy and only a person licensed under this
33 subarticle shall use the title "masseur", "masseuse" or "massage thera-
34 pist". No person, firm, partnership or corporation claiming to be
35 engaged in the practice of massage or massage therapy shall in any
36 manner describe, advertise, or place any advertisement for services as
37 defined in section two thousand one of this subarticle unless such
38 services are performed by a person licensed or authorized pursuant to
39 this subarticle.
40 § 2003. State board for massage therapy. 1. A state board for massage
41 therapy shall be appointed by the secretary of state for the purpose of
42 assisting the secretary of state and the department of state on matters
43 of professional licensing and professional conduct in accordance with
44 section nine hundred twenty-two of this article. The board shall be
45 composed of not less than seven persons, four of whom shall have been
46 engaged in the teaching, research, or practice of massage therapy for at
47 least three years. The remaining three members of the board shall be
48 physicians licensed in this state. An executive secretary to the board
49 shall be appointed by the secretary of state.
50 2. For purposes of this subarticle, "board" means the state board for
51 massage therapy.
52 § 2004. Requirements for a professional license. To qualify for a
53 license as a massage therapist, masseur or masseuse, an applicant shall
54 fulfill the following requirements:
S. 1407 283 A. 2107
1 (1) Application: file an application with the department of state;
2 (2) Education: have received an education, including high school grad-
3 uation and graduation from a school or institute of massage therapy with
4 a program registered by the department of state, or its substantial
5 equivalent in both subject matter and extent of training, provided that
6 the program in such school or institute shall consist of classroom
7 instruction of a total of not less than five hundred hours in subjects
8 satisfactory to the department of state;
9 (3) Examination: pass an examination satisfactory to the board and in
10 accordance with the regulations of the secretary of state;
11 (4) Age: be at least eighteen years of age;
12 (5) Citizenship or immigration status: be a United States citizen or
13 an alien lawfully admitted for permanent residence in the United States;
14 (6) Character: be of good moral character as determined by the depart-
15 ment of state; and
16 (7) Fees: pay a fee of one hundred fifteen dollars to the department
17 of state for admission to a department conducted examination and for an
18 initial license, a fee of forty-five dollars for each reexamination, a
19 fee of fifty dollars for an initial license for persons not requiring
20 admission to a department conducted examination, and a fee of fifty
21 dollars for each triennial registration period.
22 § 2005. Exempt persons. Nothing contained in this subarticle shall be
23 construed to prohibit:
24 1. The practice of massage therapy by any person who is authorized to
25 practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or
26 podiatry in accordance with the provisions of this article.
27 2. The practice of that massage which is customarily given in barber
28 shops or beauty parlors for the purpose of beautification by any
29 licensed barber or beauty culturist.
30 3. The practice of massage therapy by any person employed in a medical
31 institution licensed or chartered by the state of New York, provided
32 that such person is under the on-site supervision of a person licensed
33 to practice massage therapy or authorized to practice massage therapy by
34 subdivision one of this section, or by any person enrolled in a program
35 of a school or institute of massage therapy registered by the state, or
36 enrolled in a program which satisfies the requirements of section two
37 thousand four of this subarticle, provided that such person is under the
38 on-site supervision of a person licensed to practice massage therapy or
39 authorized to practice massage therapy by subdivision one of this
40 section.
41 4. The practice of massage therapy by any person duly employed as a
42 trainer by a professional athletic association, club or team, or as a
43 member of the physical education department of an accredited university,
44 college or high school.
45 5. The practice of massage therapy by any person employed by a corpo-
46 ration or association organized exclusively for the moral or mental
47 improvement of men, women or children.
48 § 2006. Limited permits. 1. The department of state may issue a limit-
49 ed permit to practice massage therapy as a licensed massage therapist,
50 masseur or masseuse to a person who has not previously held such a
51 permit and who fulfills all except the examination and citizenship
52 requirements for a license, provided however that a permit shall not be
53 issued to a person who has failed the state licensing examination.
54 2. The limited permit shall be valid for a period of not more than
55 twelve months or until the results of the next licensing examination for
S. 1407 284 A. 2107
1 which the person is eligible are officially available, whichever comes
2 first.
3 3. A limited permit shall entitle the holder to practice massage ther-
4 apy only under the personal supervision of a person currently licensed
5 and registered to practice massage therapy in this state.
6 4. The fee for a limited permit shall be thirty-five dollars.
7 SUBARTICLE 21
8 OCCUPATIONAL THERAPY
9 Section 2050. Introduction.
10 2051. Definition.
11 2052. Practice of occupational therapy and use of title "occupa-
12 tional therapist".
13 2053. State board for occupational therapy.
14 2054. Requirements for a professional license.
15 2055. Limited permits.
16 2056. Exempt persons.
17 2057. Special conditions.
18 § 2050. Introduction. This subarticle applies to the profession of
19 occupational therapy. The general provisions for all professions
20 contained in subarticle one of this article apply to this subarticle.
21 § 2051. Definition. The practice of the profession of occupational
22 therapy is defined as the functional evaluation of the client and the
23 planning and utilization of a program of purposeful activities to devel-
24 op or maintain adaptive skills, designed to achieve maximal physical and
25 mental functioning of the patient in his or her daily life tasks. Such
26 treatment program shall be rendered on the prescription or referral of a
27 physician or nurse practitioner. However, nothing contained in this
28 subarticle shall be construed to permit any licensee hereunder to prac-
29 tice medicine or psychology, including psychotherapy.
30 § 2052. Practice of occupational therapy and use of title "occupa-
31 tional therapist". Only a person licensed or otherwise authorized to
32 practice under this subarticle shall practice occupational therapy or
33 use the title "occupational therapist".
34 § 2053. State board for occupational therapy. 1. A state board for
35 occupational therapy shall be appointed by the secretary of state for
36 the purpose of assisting the secretary of state and the department of
37 state on matters of professional licensing and professional conduct in
38 accordance with section nine hundred twenty-two of this article. The
39 board shall be composed of not less than seven licensed occupational
40 therapists, and two additional members who shall include one physician
41 and one member who is primarily and actively engaged in hospital admin-
42 istration. Members of the first board, who are occupational therapists,
43 need not be licensed prior to their appointment to the board. An execu-
44 tive secretary to the board shall be appointed by the secretary of
45 state.
46 2. For purposes of this subarticle, "board" means the state board for
47 occupational therapy.
48 § 2054. Requirements for a professional license. To qualify for a
49 license as an occupational therapist, an applicant shall fulfill the
50 following requirements:
51 (1) File an application with the department of state.
52 (2) Have satisfactorily completed an approved occupational therapy
53 curriculum in a baccalaureate or masters program, or a certificate
54 program satisfactory to the department of state which is substantially
S. 1407 285 A. 2107
1 equivalent to a baccalaureate degree program, in accordance with the
2 regulations of the secretary of state.
3 (3) Have a minimum of six months of supervised occupational therapy
4 experience which supervision and experience shall be satisfactory to the
5 board of occupational therapy and in accordance with the regulations of
6 the secretary of state.
7 (4) Pass an examination satisfactory to the board of occupational
8 therapy and in accordance with the regulations of the secretary of
9 state.
10 (5) Be at least twenty-one years of age.
11 (6) Meet no requirements as to United States citizenship.
12 (7) Be of good moral character as determined by the department of
13 state.
14 (8) Fees: pay a fee of one hundred forty dollars to the department of
15 state for admission to a department conducted examination and for an
16 initial license, a fee of seventy dollars for each re-examination, a fee
17 of one hundred fifteen dollars for an initial license for persons not
18 requiring admission to a department conducted examination, and a fee of
19 one hundred fifty-five dollars for each triennial registration period.
20 § 2055. Limited permits. Permits limited as to eligibility, practice,
21 and duration, shall be issued by the department of state to eligible
22 applicants, as follows:
23 (1) The following persons shall be eligible for a limited permit:
24 (a) An occupational therapist who has graduated from an occupational
25 therapy curriculum with a baccalaureate degree or certificate in occupa-
26 tional therapy which is substantially equivalent to a baccalaureate
27 degree satisfactory to the board of occupational therapy and in accord-
28 ance with the regulations of the secretary of state; or
29 (b) A foreign occupational therapist who is in this country on a non-
30 immigration visa for the continuation of occupational therapy study,
31 pursuant to the exchange student program of the United States Department
32 of State.
33 (2) A permittee shall be authorized to practice occupational therapy
34 only under the supervision of a licensed occupational therapist or a
35 licensed physician and shall practice only in a public, voluntary, or
36 proprietary hospital, health care agency or in a preschool or an elemen-
37 tary or secondary school for the purpose of providing occupational ther-
38 apy as a related service for a handicapped child.
39 (3) A limited permit shall be valid for one year. It may be renewed
40 once for a period not to exceed one additional year, at the discretion
41 of the department of state, upon the submission of an explanation satis-
42 factory to the department for an applicant's failure to become licensed
43 within the original one-year period. A limited permit shall become null
44 and void if and when the holder thereof fails to pass a licensing exam-
45 ination.
46 (4) The fee for a limited permit shall be seventy dollars.
47 § 2056. Exempt persons. This subarticle shall not be construed to
48 affect or prevent the following, provided that no title, sign, card or
49 device shall be used in such manner as to tend to convey the impression
50 that the person rendering such service is a licensed occupational thera-
51 pist:
52 (1) A licensed physician from practicing his or her profession as
53 defined under subarticles two and two-A of this article.
54 (2) Qualified members of other licensed or legally recognized
55 professions from performing work incidental to the practice of their
S. 1407 286 A. 2107
1 profession, except that such persons may not hold themselves out under
2 the title occupational therapist or as performing occupational therapy.
3 (3) A student from engaging in clinical practice as part of an accred-
4 ited program in occupational therapy, pursuant to subdivision three of
5 section two thousand fifty-four of this subarticle.
6 (4) The care of the sick by any person, provided such person is
7 employed primarily in a domestic capacity. This shall not authorize the
8 treatment of patients in a home care service of any hospital, clinic,
9 institution or agency.
10 (5) An employee of a federal agency from using the title of practicing
11 as an occupational therapist insofar as such activities are required by
12 his salaried position and the use of such title shall be limited to such
13 employment.
14 (6) The following people from working under the direct supervision of
15 a licensed occupational therapist or a licensed physician:
16 Occupational therapy assistants certified by the secretary of state as
17 having successfully completed a program for occupational therapy assist-
18 ants in accordance with regulations of the secretary of state. However,
19 in the case of those working under a licensed physician such exemption
20 shall apply only in a public, voluntary or proprietary hospital or
21 health or home care agency. All such certified occupational therapy
22 assistants shall register with the department of state in accordance
23 with regulations of the secretary of state. The fee for such certif-
24 ication shall be forty-five dollars. The registration fee shall be fifty
25 dollars for each triennial registration period.
26 (7) The following people from working under the direct supervision of
27 a licensed occupational therapist:
28 An individual employed by the state or municipal government as of
29 October first, two thousand three who performs supportive services in
30 occupational therapy solely for the time such person continues in that
31 employment.
32 (8) Any occupational therapist who is licensed in another state,
33 United States possession or country or who has received at least a
34 baccalaureate degree or its equivalent in occupational therapy and who
35 is either in this state for the purposes of (a) consultation, provided
36 such practice is limited to such consultation; or (b) an occupational
37 therapist authorized to practice in another state or country from
38 conducting a teaching clinical demonstration in connection with a
39 program of basic clinical education, graduate education or post graduate
40 education in an approved school of occupational therapy or its affil-
41 iated clinical facility or health care agency or before a group of
42 licensed occupational therapists; or (c) because he or she resides near
43 a border of this state, provided such practice is limited in this state
44 to the vicinity of such border and said occupational therapist does not
45 maintain an office or place to meet patients or receive calls in this
46 state.
47 § 2057. Special conditions. A person who as of October first, two
48 thousand three:
49 (1) submits evidence of a minimum of three years experience with
50 training satisfactory to the board in occupational therapy and in
51 accordance with the regulations of the secretary of state; or
52 (2) a baccalaureate degree or its equivalent in occupational therapy,
53 shall be licensed upon the filing of an application with the department
54 of state on or before April first, two thousand four.
55 SUBARTICLE 22
S. 1407 287 A. 2107
1 DIETETICS AND NUTRITION
2 Section 2100. Introduction.
3 2101. Definitions.
4 2102. Use of titles.
5 2103. State board for dietetics and nutrition.
6 2104. Requirements for certification.
7 2105. Special provisions.
8 2106. Special conditions.
9 § 2100. Introduction. This subarticle applies to the use of the
10 titles "certified dietitian" and "certified nutritionist". The general
11 provision for all professions contained in subarticle one of this arti-
12 cle shall apply to this subarticle.
13 § 2101. Definitions. 1. Dietetics and nutrition are herein each
14 defined as the integration and application of principles derived from
15 the sciences of nutrition, biochemistry, physiology, food management and
16 behavioral and social sciences to achieve and maintain people's health.
17 2. Where the title "certified dietitian" or "certified nutritionist"
18 is used in this article it shall mean "certified dietitian", "certified
19 dietician", or "certified nutritionist".
20 3. A certified dietitian or certified nutritionist is one who engages
21 in the integration and application of principles derived from the
22 sciences of nutrition, biochemistry, physiology, food management and
23 behavioral and social sciences to achieve and maintain people's health,
24 and who is certified as such by the department of state pursuant to
25 section twenty-one hundred four of this subarticle. The primary func-
26 tion of a certified dietitian or certified nutritionist is the provision
27 of nutrition care services that shall include:
28 (a) Assessing nutrition needs and food patterns;
29 (b) Planning for and directing the provision of food appropriate for
30 physical and nutrition needs; and
31 (c) Providing nutrition counseling.
32 § 2102. Use of titles. Only a person certified under this subarticle
33 shall be authorized to use the title "certified dietitian", "certified
34 dietician", or "certified nutritionist".
35 § 2103. State board for dietetics and nutrition. 1. A state board for
36 dietetics and nutrition shall be appointed by the secretary of state,
37 for the purpose of assisting the secretary of state and the department
38 of state on matters of certification and professional conduct in accord-
39 ance with section nine hundred twenty-two of this article.
40 2. The board shall consist of not less than thirteen members, ten of
41 whom shall be certified dietitians or certified nutritionists, except
42 that the members of the first board need not be certified but shall be
43 persons who are eligible for certification under the provisions of this
44 article prior to their appointment to the board. The first board, with
45 respect to members representing the profession, shall consist of five
46 members registered by a national dietetic association having registra-
47 tion standards acceptable to the department of state and five members
48 who are members of or registered by a national nutritional association
49 having membership and/or registration standards acceptable to the
50 department of state. Thereafter, members of the profession appointed to
51 such board shall be certified pursuant to this article. To the extent
52 reasonable, the secretary of state should insure the state board is
53 broadly representative of various professional interests within the
54 dietetic and nutritional community. Three members shall be represen-
S. 1407 288 A. 2107
1 tatives of the general public. An executive secretary to the board shall
2 be appointed by the secretary of state.
3 3. For purposes of this subarticle, "board" means the state board for
4 dietetics and nutrition.
5 § 2104. Requirements for certification. To qualify for certification,
6 an applicant shall fulfill the following requirements:
7 1. File an application with the department of state;
8 2. (a)(1) Have received an education including a bachelor's degree, or
9 its equivalent as determined by the department of state, in
10 dietetics/nutrition or an equivalent major course of study which shall
11 include appropriate core curriculum courses in dietetics/nutrition from
12 an accredited college or university as approved by the department of
13 state, in accordance with the regulations of the secretary of state; and
14 (2) Have completed a planned, continuous, experience component, in
15 accordance with the regulations of the secretary of state, in dietetic
16 or nutrition practice under the supervision of a certified dietitian or
17 certified nutritionist or a dietitian or nutritionist who is registered
18 by or is a member of a national dietetic association or national nutri-
19 tion association having registration or membership standards acceptable
20 to the department of state; such experience shall be satisfactory to the
21 board and in accordance with the regulations of the secretary of state;
22 or
23 (b)(1) Have received an education including an associates degree in
24 dietetics or nutrition acceptable to the department of state,
25 (2) In the last fifteen years have completed ten years of experience
26 and education in the field of dietetics or nutrition satisfactory to the
27 board in accordance with the regulations of the secretary of state.
28 These ten years must be the full time equivalent of any combination of
29 post secondary dietetic or nutrition education and dietetic or nutrition
30 work experience satisfactory to the board in accordance with the regu-
31 lations of the secretary of state, and
32 (3) Have obtained the endorsement of three dietitians or nutritionists
33 acceptable to the department of state;
34 3. Pass an examination satisfactory to the board and in accordance
35 with the regulations the secretary of state; provided that such examina-
36 tion shall test a level of knowledge and experience equivalent to that
37 obtained by an individual satisfactorily meeting the requirements of
38 paragraph (a) of subdivision two of this section;
39 4. Pay a fee of one hundred seventy-five dollars to the department of
40 state for admission to a department conducted examination and for
41 initial certification, a fee of eighty-five dollars for each reexamina-
42 tion, a fee of one hundred fifteen dollars for an initial certification
43 for persons not requiring admission to a department conducted examina-
44 tion, a fee of one hundred fifty-five dollars for each triennial regis-
45 tration period;
46 5. Be at least eighteen years of age.
47 § 2105. Special provisions. Nothing contained in this subarticle
48 shall be deemed to alter, modify or impair any conditions of employment
49 relating to service in the federal government, the state of New York,
50 its political subdivisions, including school districts, or special
51 districts and authorities or any facilities or institutions under the
52 jurisdiction of or subject to the certification of any agency of the
53 state of New York or its political subdivisions.
54 § 2106. Special conditions. A person shall be certified without exam-
55 ination provided that, within three years of the effective date of this
56 subarticle, the individual:
S. 1407 289 A. 2107
1 1. files an application and pays the appropriate fees to the depart-
2 ment of state; and
3 2. (a) is registered as a dietitian or nutritionist by a national
4 dietetic or national nutrition association having registration standards
5 acceptable to the department of state;
6 (b) meets the requirements of subparagraph one of paragraph (a) of
7 subdivision two and subdivision five of section twenty-one hundred four
8 of this subarticle and has been actively engaged in the provision of
9 nutrition care services for a minimum of three years during the five
10 years immediately preceding the effective date of this subarticle; or
11 (c) meets all the requirements of paragraph (b) of subdivision two and
12 subdivision five of section twenty-one hundred four of this subarticle.
13 SUBARTICLE 23
14 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
15 Section 2150. Introduction.
16 2151. Definition of practice of speech-language pathology.
17 2152. Practice of speech-language pathology.
18 2153. Definition of practice of audiology.
19 2154. Practice of audiology.
20 2155. State board for speech-language pathology and audiology.
21 2156. Requirements for a professional license.
22 2157. Exempt persons.
23 2158. Special provisions.
24 2159. Mandatory continuing competency.
25 § 2150. Introduction. This subarticle applies to the professions of
26 speech-language pathology and audiology. The general provisions for all
27 professions contained in subarticle one of this article apply to this
28 subarticle.
29 § 2151. Definition of practice of speech-language pathology. The
30 practice of the profession of speech-language pathology shall mean the
31 application of principles, methods and procedures of measurement,
32 prediction, non-medical diagnosis, testing, counselling, consultation,
33 rehabilitation and instruction related to the development and disorders
34 of speech, voice, swallowing, and/or language for the purpose of
35 preventing, ameliorating or modifying such disorder conditions in indi-
36 viduals and/or groups of individuals.
37 § 2152. Practice of speech-language pathology. Only a person licensed
38 or otherwise authorized under this subarticle shall practice speech-lan-
39 guage pathology or use the title of speech-language pathologist.
40 § 2153. Definition of practice of audiology. The practice of the
41 profession of audiology shall mean the application of principles, meth-
42 ods and procedures of measurement, testing, evaluation, consultation,
43 counselling, instruction and habilitation or rehabilitation related to
44 hearing and its disorders, related communication impairments and vesti-
45 bular disorders for the purpose of non-medical diagnosis, prevention,
46 identification, amelioration or modification of such disorders and
47 conditions in individuals and/or groups of individuals.
48 § 2154. Practice of audiology. Only a person licensed or otherwise
49 authorized under this subarticle shall practice audiology or use the
50 title audiologist.
51 § 2155. State board for speech-language pathology and audiology. 1. A
52 state board for speech-language pathology and audiology shall be
53 appointed by the secretary of state for the purpose of assisting the
54 secretary of state and the department of state on matters of profes-
S. 1407 290 A. 2107
1 sional licensing and professional conduct in accordance with section
2 nine hundred twenty-two of this article. The board shall consist of not
3 less than seven members, three of whom shall be audiologists and four of
4 whom shall be speech-language pathologists. Each speech-language pathol-
5 ogist and audiologist on the board shall be licensed and have practiced
6 in this state for at least five years, as provided under this article
7 except that the members of the first board need not be licensed prior to
8 their appointment to the board. An executive secretary to the board
9 shall be appointed by the secretary of state.
10 2. For purposes of this subarticle, "board" means the state board for
11 speech-language pathology and audiology.
12 § 2156. Requirements for a professional license. To qualify for a
13 license as a speech-language pathologist or audiologist, an applicant
14 shall fulfill the following requirements.
15 (1) Application: file an application with the department of state;
16 (2) Education: have obtained at least a Masters degree in speech-lan-
17 guage pathology and/or audiology or its equivalent, as determined by the
18 department of state, in accordance with the regulations of the secretary
19 of state;
20 (3) Experience: have experience satisfactory to the board and in
21 accordance with the regulations of the secretary of state;
22 (4) Examination: pass an examination satisfactory to the board and in
23 accordance with the regulations of the secretary of state;
24 (5) Age: be at least twenty-one years of age;
25 (6) Character: be of good moral character as determined by the depart-
26 ment of state; and
27 (7) Fees: pay a fee of one hundred forty dollars to the department of
28 state for admission to a department conducted examination and for an
29 initial license, a fee of seventy dollars for each reexamination, a fee
30 of one hundred fifteen dollars for an initial license for persons not
31 requiring admission to a department conducted examination, and a fee of
32 one hundred fifty-five dollars for each triennial registration period.
33 § 2157. Exempt persons. This subarticle shall not be construed as
34 prohibiting:
35 (1) The practice of any other professions licensed or registered under
36 this article.
37 (2) Any person employed by the federal, state or a local government or
38 by a public or non-public elementary or secondary school or an institu-
39 tion of higher learning from performing the duties of a speech-language
40 pathologist, an audiologist, a teacher of the speech and hearing hand-
41 icapped, or a teacher of the deaf in the course of such employment.
42 (3) Any person from engaging in clinical or academic practice under
43 the supervision of a licensed speech-language pathologist or audiologist
44 for such period of time as may be necessary to complete an experience
45 requirement for a professional license, as provided in this subarticle
46 and in rules or regulations approved by the secretary of state with the
47 advice of the state board for speech-language pathology and audiology.
48 (4) A person from another state from performing speech-language
49 pathology or audiology services in this state provided such services are
50 performed for no more than thirty days in any calendar year and provided
51 that such services are performed in conjunction with and/or under the
52 supervision of a speech-language pathologist or audiologist licensed
53 under this subarticle.
54 (5) Any hearing aid dealer from performing hearing measurements by
55 means of an audiometer or other testing equipment when used solely for
56 the purpose of selecting, fitting, selling or dispensing an instrument
S. 1407 291 A. 2107
1 designed to aid or improve human hearing, including the taking of
2 impressions for the making and fitting of ear molds and the demon-
3 stration of use and instructions of persons in the use of such hearing
4 aids and accessories thereto.
5 (6) A student from engaging in clinical practice, under the super-
6 vision of a licensed audiologist or a licensed speech-language patholo-
7 gist as part of a nationally accredited program or a state licensure
8 qualifying program in speech-language pathology or audiology, pursuant
9 to subdivision three of section twenty-one hundred fifty-six of this
10 subarticle.
11 § 2158. Special provisions. (1) Every person regularly employed in
12 teaching or working as a speech-language pathologist or audiologist for
13 not less than two years prior to the effective date of this subarticle
14 shall be issued a license by the department of state, if he or she is a
15 person of good moral character; twenty-one years or older, has been
16 engaged in such practice in the state for at least two years in accord-
17 ance with regulations of the secretary of state, and possesses
18 (a) the American Speech-Language-Hearing Association certificate of
19 clinical competence in speech-language pathology and/or audiology, or
20 the equivalent thereof as determined by the board in accordance with the
21 regulations of the secretary of state; or
22 (b) a masters degree in speech-language pathology, audiology or commu-
23 nication disorders appropriate to the license being sought and a total
24 of five years experience; or
25 (c) a bachelors degree in speech-language pathology, audiology or
26 communication disorders appropriate to the license being sought and
27 thirty postgraduate semester hours in subjects satisfactory to the board
28 and a total of five years experience; or
29 (d) a bachelors degree and sufficient postgraduate study to be the
30 equivalent of a masters degree in speech-language pathology, audiology
31 or communication disorders as determined by the board in accordance with
32 the regulations of the secretary of state and a total of five years
33 experience.
34 (2) This subarticle shall not prohibit the practice of speech-language
35 pathology or audiology by a corporation provided that such practice is
36 carried on by a licensed speech-language pathologist or audiologist or
37 persons exempt under this subarticle and a violation of this provision
38 shall be a class A misdemeanor.
39 (3) Any person or firm offering the services of a speech-language
40 pathologist or audiologist shall employ only persons licensed or exempt
41 under this subarticle and a violation of this provision shall be a class
42 A misdemeanor.
43 (4) (a) The secretary of state, pursuant to the recommendation of the
44 board shall promulgate regulations defining appropriate standards of
45 conduct for the dispensing of hearing aids by licensed audiologists.
46 Such regulations shall also define continuing education requirements
47 which such dispensing audiologist shall meet as a condition of maintain-
48 ing registration pursuant to this subarticle.
49 (b) Audiologists engaged in the practice of dispensing hearing aids
50 shall comply with the applicable provisions of article thirty-seven-a of
51 this chapter.
52 § 2159. Mandatory continuing competency. (1)(a) Each licensed speech-
53 language pathologist and audiologist required under this subarticle to
54 register triennially with the department of state to practice in the
55 state shall comply with the provisions of the mandatory continuing
56 competency requirements prescribed in subdivision two of this section,
S. 1407 292 A. 2107
1 except as provided in paragraphs (b) and (c) of this subdivision.
2 Speech-language pathologists and audiologists who do not satisfy the
3 mandatory continuing competency requirements shall not be authorized to
4 practice until they have met such requirements, and they have been
5 issued a registration certificate, except that a speech-language pathol-
6 ogist or audiologist may practice without having met such requirements
7 if he or she is issued a conditional registration pursuant to subdivi-
8 sion three of this section.
9 (b) Speech-language pathologists and audiologists shall be exempt from
10 the mandatory continuing competency requirement for the triennial regis-
11 tration period during which they are first licensed. Adjustment to the
12 mandatory continuing competency requirements may be granted by the
13 department of state for reasons of health of the licensee where certi-
14 fied by an appropriate health care professional, for extended active
15 duty with the armed forces of the United States, or for other good cause
16 acceptable to the department of state which may prevent compliance.
17 (c) A licensed speech-language pathologist or audiologist not engaged
18 in practice, as determined by the department of state, shall be exempt
19 from the mandatory continuing competency requirement upon the filing of
20 a statement with the department declaring such status. Any licensee who
21 returns to the practice of speech-language pathology or audiology during
22 the triennial registration period shall notify the department of state
23 prior to reentering the profession and shall meet such mandatory contin-
24 uing competency requirements as shall be prescribed by regulations of
25 the secretary of state.
26 (2) During each triennial registration period an applicant for regis-
27 tration as either a speech-language pathologist or audiologist shall
28 complete a minimum of thirty hours of learning activities which contrib-
29 ute to continuing competence, as specified in subdivision four of this
30 section, provided further that at least twenty hours shall be in recog-
31 nized areas of study pertinent to the licensee's professional scope of
32 practice of speech language pathology and/or audiology. A licensee who
33 has not satisfied the mandatory continuing competency requirements shall
34 not be issued a triennial registration certificate by the department of
35 state and shall not practice unless and until a conditional registration
36 certificate is issued as provided for in subdivision three of this
37 section. Continuing competency hours taken during one triennium may not
38 be transferred to a subsequent triennium.
39 (3) The department of state, in its discretion, may issue a condi-
40 tional registration to a licensee who fails to meet the continuing
41 competency requirements established in subdivision two of this section,
42 but who agrees to make up any deficiencies and complete any additional
43 learning activities which the department of state may require. The fee
44 for such a conditional registration shall be the same as, and in addi-
45 tion to, the fee for the triennial registration. The duration of such
46 conditional registration shall be determined by the department of state
47 but shall not exceed one year. Any licensee who is notified of the
48 denial of registration for failure to submit evidence, satisfactory to
49 the department of state, of required continuing competency learning
50 activities and who practices without such registration, may be subject
51 to disciplinary proceedings pursuant to section nine hundred forty-four
52 of this article.
53 (4) As used in subdivision two of this section, "acceptable learning
54 activities" shall mean activities which contribute to professional prac-
55 tice in speech-language pathology and/or audiology, and which meet the
56 standards prescribed in the regulations of the secretary of state. Such
S. 1407 293 A. 2107
1 learning activities shall include, but not be limited to, collegiate
2 level credit and non-credit courses, self-study activities, independent
3 study, formal mentoring activities, publications in professional jour-
4 nals, professional development programs and technical sessions; such
5 learning activities may be offered and sponsored by national, state and
6 local professional associations and other organizations or parties
7 acceptable to the department of state, and any other organized educa-
8 tional and technical learning activities acceptable to the department of
9 state. The department of state may, in its discretion and as needed to
10 contribute to the health and welfare of the public, require the
11 completion of continuing competency learning activities in specific
12 subjects to fulfill this mandatory continuing competency requirement.
13 For speech-language pathologists who are employed in school settings as
14 teachers of the speech and hearing handicapped or as teachers of
15 students with speech and language disabilities, acceptable learning
16 activities shall also include professional development programs and
17 technical sessions specific to teaching students with speech and
18 language disabilities including those designed to improve methods for
19 teaching such students, aligned with professional development plans in
20 accordance with regulations of the secretary of state and promoting the
21 attainment of standards for such students. Learning activities must be
22 taken from a sponsor approved by the department of state, pursuant to
23 the regulations of the secretary of state.
24 (5) Speech-language pathologists and audiologists shall maintain
25 adequate documentation of completion of acceptable continuing competency
26 learning activities and shall provide such documentation at the request
27 of the department of state. Failure to provide such documentation upon
28 the request of the department of state shall be an act of misconduct
29 subject to disciplinary proceedings pursuant to section nine hundred
30 forty-four of this article.
31 (6) The mandatory continuing competency fee shall be fifty dollars,
32 shall be payable on or before the first day of each triennial registra-
33 tion period, and shall be paid in addition to the triennial registration
34 fee required by section twenty-one hundred fifty-six of this subarticle.
35 SUBARTICLE 24
36 ACUPUNCTURE
37 Section 2200. Introduction.
38 2201. Definitions.
39 2202. Practice of acupuncture and use of title "licensed
40 acupuncturist" or "certified acupuncturist".
41 2203. State board for acupuncture.
42 2204. Requirements for a professional license.
43 2205. Limited permits.
44 2206. Exemptions; waiver.
45 § 2200. Introduction. This subarticle applies to the profession of
46 acupuncture. The general provisions for all professions contained in
47 subarticle one of this article apply to this subarticle.
48 § 2201. Definitions. As used in this subarticle the following terms
49 shall have the following meanings:
50 (1) (a) "Profession of acupuncture" is the treating, by means of
51 mechanical, thermal or electrical stimulation effected by the insertion
52 of needles or by the application of heat, pressure or electrical stimu-
53 lation at a point or combination of points on the surface of the body
54 predetermined on the basis of the theory of the physiological interre-
55 lationship of body organs with an associated point or combination of
S. 1407 294 A. 2107
1 points for diseases, disorders and dysfunctions of the body for the
2 purpose of achieving a therapeutic or prophylactic effect.
3 (b) Each acupuncturist licensed pursuant to this subarticle, shall
4 advise each patient as to the importance of consulting with a licensed
5 physician regarding the patient's condition and shall keep on file with
6 the patient's records, a form attesting to the patient's notice of such
7 advice. Such form shall be in duplicate, one copy to be retained by the
8 patient, signed and dated by both the acupuncturist and the patient and
9 shall be prescribed in the following manner:
10 WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS
11 BEEN ADVISED BY , (A LICENSED ACUPUNCTURIST), TO CONSULT
12 A PHYSICIAN REGARDING THE CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT
13 SEEKS ACUPUNCTURE TREATMENT.
14 ___________________________ ________________________
15 (Signature) Date
16 ___________________________ ________________________
17 (Signature) Date
18 (2) "Board" is the state board for acupuncture as created by section
19 twenty-two hundred three of this subarticle.
20 § 2202. Practice of acupuncture and use of title "licensed acupunctu-
21 rist" or "certified acupuncturist". Only a person licensed or author-
22 ized pursuant to section twenty-two hundred four of this subarticle or
23 certified pursuant to section twenty-two hundred six of this subarticle
24 shall practice acupuncture. Only a person licensed pursuant to section
25 twenty-two hundred four of this subarticle shall use the title "licensed
26 acupuncturist" and only a person certified pursuant to section twenty-
27 two hundred six of this subarticle shall use the title "certified
28 acupuncturist".
29 § 2203. State board for acupuncture. 1. There is hereby established
30 within the department of state a state board for acupuncture. The board
31 shall consist of not less than eleven members to be appointed by the
32 secretary of state for the purpose of assisting the secretary of state
33 and the department of state on matters of professional licensing and
34 professional conduct in accordance with section nine hundred twenty-two
35 of this article, four of whom shall be licensed acupuncturists, four of
36 whom shall be licensed physicians certified to use acupuncture and three
37 of whom shall be public members representing the consumer and community.
38 Of the acupuncturists first appointed to the board, one may be a regis-
39 tered specialist's assistant-acupuncture provided that the term of such
40 registered specialist's assistant-acupuncture shall not be more than
41 four years. Of the members first appointed, three shall be appointed for
42 a one year term, three shall be appointed for a two year term and three
43 shall be appointed for a three year term, and two shall be appointed for
44 a four year term. Thereafter all members shall serve for five year
45 terms. In the event that more than eleven members are appointed, a
46 majority of the additional members shall be licensed acupuncturists. The
47 members of the board shall select one of themselves as chairman to serve
48 for a one year term.
49 2. An executive secretary to the board shall be appointed by the
50 secretary of state.
S. 1407 295 A. 2107
1 3. The secretary of state shall promulgate such rules and regulations
2 as he or she deem necessary and appropriate to effectuate the provisions
3 of this subarticle.
4 § 2204. Requirements for a professional license. To qualify for a
5 license as a licensed acupuncturist an applicant shall fulfill the
6 following requirements.
7 (1) Application: file an application with the department of state;
8 (2) Education: provide evidence of satisfactory completion of a course
9 of formal study or its substantial equivalent in accordance with the
10 regulations of the secretary of state;
11 (3) Experience: have experience in accordance with the regulations of
12 the secretary of state;
13 (4) Examination: pass an examination satisfactory to the board and in
14 accordance with the regulations of the secretary of state. Such exam-
15 ination shall be given at least once within twelve months of the effec-
16 tive date of this subarticle, and at least once annually thereafter, and
17 shall consist of both written and practical parts. Either part may be
18 given at the discretion of the department of state in English and/or
19 Chinese or other language. Nothing in this subdivision is to be
20 construed to require the department of state to issue an exam in a
21 language other than English. The practical part of the exam must be
22 directly administered by an acupuncturist acceptable to the department
23 of state, who may also be a member of the board. The cost of the initial
24 examination or reexamination shall be borne by the applicant in accord-
25 ance with a schedule established by the department of state and approved
26 by the director of the budget;
27 (5) Age: be at least twenty-one years of age;
28 (6) Character: be of good moral character as determined by the depart-
29 ment of state;
30 (7) Fees: pay a fee of five hundred dollars to the department of state
31 for initial licensure, and a fee of two hundred fifty dollars for each
32 triennial registration;
33 (8) Registration: if a license is granted, register triennially with
34 the department of state, including present home and business address and
35 such other pertinent information as the department of state requires.
36 § 2205. Limited permits. (1) The department of state shall issue a
37 limited permit to an applicant who meets all requirements for admission
38 to the licensing examination;
39 (2) All practice under a limited permit shall be under the supervision
40 of a licensed or certified acupuncturist in a public hospital, an incor-
41 porated hospital or clinic, a licensed proprietary hospital, a licensed
42 nursing home, a public health agency, the office of a licensed or certi-
43 fied acupuncturist or in the civil service of the federal or state
44 government;
45 (3) Limited permits shall be for one year and may be renewed at the
46 discretion of the department of state for one additional year;
47 (4) Supervision of a permittee by a licensed or certified acupunctu-
48 rist shall be on-site supervision and not necessarily direct personal
49 supervision;
50 (5) No practitioner shall supervise more than one permittee;
51 (6) The fee for each limited permit and for each renewal shall be
52 determined by the department of state.
53 § 2206. Exemptions; waiver. (1) A person who is validly registered as
54 a "specialist's assistant-acupuncture" in accordance with section eleven
55 hundred one of this article and the regulations of the secretary of
56 state shall not be subject to the provisions of this subarticle;
S. 1407 296 A. 2107
1 (2) Any person who is validly licensed under the provisions of the
2 former chapter nine hundred fifty-nine of the laws of nineteen hundred
3 seventy-four is deemed to be licensed pursuant to this article;
4 (3) Any person who is validly certified under the provisions of the
5 former chapter nine hundred fifty-nine of the laws of nineteen hundred
6 seventy-four shall continue to be certified to practice acupuncture and
7 may continue to use the title certified acupuncturist. The department of
8 state may establish rules and regulations providing for the certif-
9 ication of physicians and dentists as acupuncturists, provided that such
10 certified acupuncturists do not represent themselves as licensed
11 acupuncturists. Certified acupuncturists seeking to become licensed
12 acupuncturists shall be subject to all provisions of this subarticle;
13 (4) A person who does not otherwise possess the credentials or quali-
14 fications required for the practice of acupuncture prescribed by this
15 subarticle or the regulations promulgated hereunder or any other law but
16 who is authorized by the division of alcoholism and alcohol abuse, the
17 division of substance abuse services, or the department of health to
18 provide treatment for alcoholism, substance dependence, or chemical
19 dependency in a hospital or clinical program which has been approved for
20 such treatment by the division of alcoholism and alcohol abuse, the
21 division of substance abuse services, or the department of health and
22 who has been trained to practice acupuncture for the treatment of alco-
23 holism, substance dependence, or chemical dependency through an educa-
24 tional program acceptable to the department of state may nevertheless
25 practice acupuncture provided such practice is limited to the treatment
26 of alcoholism, substance dependence, or chemical dependency in such
27 clinical or hospital programs, or in a program that if statutorily
28 exempt from such approval meets standards approved by the division of
29 alcoholism and alcohol abuse, the division of substance abuse services,
30 or the department of health, and further provided that such practice is
31 done in accordance with regulations promulgated by the division of alco-
32 holism and alcohol abuse, the division of substance abuse services, or
33 the department of health. Such person shall work only under the general
34 supervision of a physician or dentist certified to practice acupuncture
35 or an individual licensed to practice acupuncture in the state of New
36 York pursuant to this article. Notwithstanding any other law, rule or
37 regulation to the contrary, persons authorized on or before October
38 first, two thousand three to practice acupuncture for the treatment of
39 alcoholism, substance dependence, or chemical dependency within a hospi-
40 tal or clinical program which has been approved for such treatment by
41 the division of alcoholism and alcohol abuse, the division of substance
42 abuse services, or the department of health may nevertheless continue to
43 practice acupuncture under the provisions of this subdivision;
44 (5) Any person who is pursuing qualification for licensure through a
45 course of formal study pursuant to this subarticle may practice acupunc-
46 ture without a license, provided such practice is limited to such study;
47 (6) Any person who has completed a formal course of study or a tutori-
48 al apprenticeship acceptable to the department of state and in accord-
49 ance with the regulations of the secretary of state, prior to the effec-
50 tive date of this subarticle, and presents satisfactory proof of such
51 completion, shall be exempt from the education requirements set forth in
52 subdivision two of section twenty-two hundred four of this subarticle
53 provided an application pursuant to subdivision one of section twenty-
54 two hundred four of this subarticle is filed with the department of
55 state not later than one year from the effective date of this subarti-
S. 1407 297 A. 2107
1 cle, and in no event shall participation in such tutorial apprenticeship
2 or formal course of study constitute a violation of this article.
3 (7) Any person who is pursuing qualification for certification through
4 a formal course of study in a registered program and any person
5 appointed to the faculty of such program may practice acupuncture with-
6 out a license, provided that such practice is limited to such research,
7 study and training.
8 SUBARTICLE 25
9 INTERIOR DESIGN
10 Section 2250. Application.
11 2251. Use of the title "certified interior designer".
12 2252. Signature of a certified interior designer.
13 2253. Definition of practice of interior design.
14 2254. State board for interior design.
15 2255. Requirements for certification.
16 2256. Limited permits.
17 2257. Separability.
18 § 2250. Application. This subarticle applies to the use of a title by
19 a certified interior designer. The general provisions for all
20 professions contained in subarticle one of this article apply to this
21 subarticle.
22 § 2251. Use of the title "certified interior designer". Only a person
23 certified pursuant to this subarticle may use the title "certified inte-
24 rior designer". Authorization contained within this subarticle to use
25 the title "certified interior designer" shall not be construed to permit
26 the practice of engineering, as described in subarticle thirteen of this
27 article, or the practice of architecture, as described in subarticle
28 fourteen of this article, by persons not otherwise authorized to engage
29 in such practices.
30 § 2252. Signature of a certified interior designer. All original
31 final interior design documents, plans and specifications, prepared by a
32 certified interior designer or by a full-time or part-time subordinate
33 employed under his or her supervision, shall be manually signed by the
34 certified interior designer.
35 § 2253. Definition of practice of interior design. For the purposes
36 of this subarticle, the practice of interior design is defined as
37 rendering or offering to render services for a fee or other valuable
38 consideration, in the preparation and administration of interior design
39 documents (including drawings, schedules and specifications) which
40 pertain to the planning and design of interior spaces including
41 furnishings, layouts, fixtures, cabinetry, lighting, finishes, materi-
42 als, and interior construction not materially related to or materially
43 affecting the building systems, all of which shall comply with applica-
44 ble laws, codes, regulations, and standards. The scope of work described
45 herein shall not be construed as authorizing the planning and design of
46 engineering and architectural interior construction as related to the
47 building systems, including structural, electrical, plumbing, heating,
48 ventilating, air conditioning or mechanical systems and shall not be
49 construed as authorizing the practice of engineering or architecture as
50 described in subarticle thirteen or fourteen of this article. The inte-
51 rior design plans as described above are not to be construed as those
52 required to be filed with local municipalities or building departments
S. 1407 298 A. 2107
1 as required by this article regulating the practices of architecture or
2 engineering.
3 § 2254. State board for interior design. 1. A state board for interi-
4 or design shall be appointed by the secretary of state for the purpose
5 of assisting the secretary of state and the department of state on
6 matters of certification and professional conduct in accordance with
7 section nine hundred twenty-two of this article. The board shall be
8 composed of nine members, four of whom shall be interior designers
9 certified in this state, two of whom shall be licensed architects who
10 practice primarily interior design in this state, one who shall be a
11 professional engineer in this state with an expertise in interior
12 design, one who shall be a full-time interior design educator in this
13 state and one who shall be the public representative.
14 2. Two interior designers and a licensed architect who practices
15 primarily interior design shall serve initial five year terms. Two inte-
16 rior designers and a professional engineer with an expertise in interior
17 design shall serve initial four year terms. One licensed architect who
18 practices primarily interior design, the interior design educator, and
19 the public representative shall serve initial two year terms. Following
20 the establishment of the initial membership of the board, all succeeding
21 appointments shall be for five year terms. Any vacancy on the board
22 shall be filled by appointment for the remainder of such member's terms
23 in accordance with the provisions of this section.
24 3. For purposes of this subarticle, "board" means the state board for
25 interior design.
26 § 2255. Requirements for certification. 1. To qualify for certif-
27 ication to use the title "certified interior designer", an applicant
28 shall fulfill all the following requirements:
29 (a) Application: file an application with the department of state;
30 (b) Education: have received at least seven years of professional
31 training consisting of academic study and work experience relating to
32 interior design and in accordance with the regulations of the secretary
33 of state. These seven years shall contain at least two but not more than
34 five years of post secondary education, including an associate degree or
35 the equivalent, in an approved program of interior design;
36 (c) Experience: have experience satisfactory to the board and in
37 accordance with the regulations of the secretary of state;
38 (d) Examination: (1) pass an examination satisfactory to the board in
39 accordance with the regulations of the secretary of state, and (2) pass
40 a separate examination satisfactory to the board relative to the fire,
41 safety and building codes of the state;
42 (e) Age: be at least twenty-one years of age;
43 (f) Citizenship: meet no requirements as to United States citizenship;
44 (g) Character: be of good moral character as determined by the depart-
45 ment of state; and
46 (h) Fees: pay a fee of three hundred dollars to the department of
47 state for admission to the two department conducted examinations and for
48 an initial license, a fee of one hundred fifty dollars for each reexam-
49 ination, a fee of one hundred thirty-five dollars for an initial license
50 for persons not requiring admission to a department conducted examina-
51 tion, and a fee of two hundred ten dollars for each triennial registra-
52 tion period.
53 2. On recommendation of the board, the department of state may exempt
54 from the requirement of subparagraph one of paragraph (d) of subdivision
55 one of this section, an applicant who holds a license of certification
56 to practice as an interior designer issued to him or her upon examina-
S. 1407 299 A. 2107
1 tion by a legally constituted board of examiners in any other state or
2 political subdivision of the United States, provided that at the time
3 the license or certificate was issued by such state or political subdi-
4 vision the applicant met the requirements of paragraph (b) of subdivi-
5 sion one of this section for certification to use the title "certified
6 interior designer" established by this subarticle.
7 § 2256. Limited permits. 1. On recommendation of the board, the
8 department of state may issue a limited permit, valid for a period of
9 two years and renewable once on the recommendation of the board, for use
10 of the title "certified interior designer" in accordance with this
11 subarticle by one who is not a resident of this state and has no estab-
12 lished business in this state. This individual shall (a) be qualified to
13 practice or engage, under such title, in the practice of interior design
14 in his or her own country or state, (b) submit evidence satisfactory to
15 the board of established and recognized professional standing in his or
16 her own country or state, and (c) submit satisfactory certifications as
17 to his or her qualifications.
18 2. The limited permit shall authorize the holder to use the title
19 "certified interior designer".
20 3. A limited permit of a certified interior designer shall be used
21 only in connection with the specific project for which the limited
22 permit is issued and authorized in writing by the department of state.
23 4. The fee for each limited permit shall be one hundred five dollars.
24 § 2257. Separability. If any section of this subarticle, or part ther-
25 eof, shall be adjudged by a court of competent jurisdiction to be inval-
26 id, such judgement shall not affect, impair or invalidate the remainder
27 or any other section or part thereof.
28 SUBARTICLE 26
29 ATHLETIC TRAINERS
30 Section 2300. Introduction.
31 2301. Definition.
32 2302. Definition of practice of athletic training.
33 2303. Use of the title "certified athletic trainer".
34 2304. State committee for athletic trainers.
35 2305. Requirements and procedure for professional certification.
36 2306. Special provisions.
37 2307. Non-liability of certified athletic trainers for first aid
38 or emergency treatment.
39 2308. Separability.
40 § 2300. Introduction. This subarticle applies to the profession of
41 athletic training. The general provisions of all professions contained
42 in subarticle one of this article shall apply to this subarticle.
43 § 2301. Definition. As used in this subarticle "athletic trainer"
44 means any person who is duly certified in accordance with this subarti-
45 cle to perform athletic training under the supervision of a physician
46 and limits his or her practice to secondary schools, institutions of
47 postsecondary education, professional athletic organizations, or a
48 person who, under the supervision of a physician, carries out comparable
49 functions on orthopedic athletic injuries, excluding spinal cord inju-
50 ries, in a health care organization. Supervision of an athletic trainer
51 by a physician shall be continuous but shall not be construed as requir-
52 ing the physical presence of the supervising physician at the time and
53 place where such services are performed.
S. 1407 300 A. 2107
1 The scope of work described herein shall not be construed as authoriz-
2 ing the reconditioning of neurologic injuries, conditions or disease.
3 § 2302. Definition of practice of athletic training. The practice of
4 the profession of athletic training is defined as the application of
5 principles, methods and procedures for managing athletic injuries, which
6 shall include the preconditioning, conditioning and reconditioning of an
7 individual who has suffered an athletic injury through the use of appro-
8 priate preventative and supportive devices, under the supervision of a
9 physician and recognizing illness and referring to the appropriate
10 medical professional with implementation of treatment pursuant to physi-
11 cian's orders. Athletic training includes instruction to coaches,
12 athletes, parents, medical personnel and communities in the area of care
13 and prevention of athletic injuries.
14 The scope of work described herein shall not be construed as authoriz-
15 ing the reconditioning of neurologic injuries, conditions or disease.
16 § 2303. Use of the title "certified athletic trainer". Only a person
17 certified or otherwise authorized under this subarticle shall use the
18 title "certified athletic trainer".
19 § 2304. State committee for athletic trainers. 1. A state committee
20 for athletic trainers shall be appointed by the secretary of state and
21 shall assist on matters of certification and professional conduct in
22 accordance with section nine hundred twenty-two of this article. The
23 committee shall consist of five members who are athletic trainers certi-
24 fied in this state. The committee shall assist the state board for medi-
25 cine in athletic training matters. Nominations and terms of office of
26 the members of the state committee for athletic trainers shall conform
27 to the corresponding provisions relating thereto for state boards under
28 subarticle one of this article.
29 § 2305. Requirements and procedure for professional certification.
30 For certification as a certified athletic trainer under this subarticle,
31 an applicant shall fulfill the following requirements:
32 1. Application: file an application with the department of state;
33 2. Education: have received an education including a bachelor's, its
34 equivalent or higher degree in accordance with the regulations of the
35 secretary of state;
36 3. Experience: have experience in accordance with the regulations of
37 the secretary of state;
38 4. Examination: pass an examination in accordance with the regulations
39 of the secretary of state;
40 5. Age: be at least twenty-one years of age; and
41 6. Fees: pay a fee for an initial certificate of one hundred dollars
42 to the department of state; and a fee of fifty dollars for each trienni-
43 al registration period.
44 § 2306. Special provisions. A person shall be certified without exam-
45 ination provided that, within three years from the effective date of
46 regulations implementing the provisions of this subarticle, the individ-
47 ual:
48 1. files an application and pays the appropriate fees to the depart-
49 ment of state; and
50 2. meets the requirements of subdivisions two and five of section
51 twenty-three hundred five of this subarticle and who in addition:
52 (a) has been actively engaged in the profession of athletic training
53 for a minimum of four years during the seven years immediately preceding
54 the effective date of this subarticle; or
55 (b) is certified by a United States certifying body acceptable to the
56 department of state.
S. 1407 301 A. 2107
1 § 2307. Non-liability of certified athletic trainers for first aid or
2 emergency treatment. Notwithstanding any inconsistent provision of any
3 general, special or local law, any certified athletic trainer who volun-
4 tarily and without the expectation of monetary compensation renders
5 first aid or emergency treatment at the scene of an accident or other
6 emergency, outside a hospital, doctor's office or any other place having
7 proper and necessary athletic training equipment, to a person who is
8 unconscious, ill or injured, shall not be liable for damages for inju-
9 ries alleged to have been sustained by such person or for damages for
10 the death of such person alleged to have occurred by reason of an act or
11 omission in the rendering of such first aid or emergency treatment
12 unless it is established that such injuries were or such death was
13 caused by gross negligence on the part of such athletic trainer. Noth-
14 ing in this section shall be deemed or construed to relieve a certified
15 athletic trainer from liability for damages for injuries or death caused
16 by an act or omission on the part of an athletic trainer while rendering
17 professional services in the normal and ordinary course of his or her
18 practice.
19 § 2308. Separability. If any section of this subarticle, or part
20 thereof, shall be adjudged by any court of competent jurisdiction to be
21 invalid, such judgment shall not affect, impair or invalidate the
22 remainder of any other section or part thereof.
23 SUBARTICLE 28
24 RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
25 Section 2400. Introduction.
26 2401. Definition of the practice of respiratory therapy.
27 2402. Practice of respiratory therapy and use of the title
28 "respiratory therapist".
29 2403. State board for respiratory therapy.
30 2404. Requirements for licensure as a respiratory therapist.
31 2405. Mandatory continuing education for respiratory thera-
32 pists.
33 2406. Exempt persons.
34 2407. Limited permits.
35 2408. Special provisions.
36 2409. Definition of the practice of respiratory therapy tech-
37 nician.
38 2410. Duties of respiratory therapy technicians and use of
39 the title "respiratory therapy technician".
40 2411. Requirements for licensure as a respiratory therapy
41 technician.
42 2412. Mandatory continuing education for respiratory therapy
43 technicians.
44 2413. Limited permits.
45 2414. Exempt persons.
46 2415. Special provisions.
47 § 2400. Introduction. This subarticle applies to the practice of
48 respiratory therapy and provides for the licensing of respiratory thera-
49 pists and respiratory therapy technicians. The general provisions for
50 all professions contained in subarticle one of this article shall apply
51 to this subarticle.
52 § 2401. Definition of the practice of respiratory therapy. The prac-
53 tice of the profession of respiratory therapy, which shall be undertaken
54 pursuant to the direction of a duly licensed physician, is defined as
S. 1407 302 A. 2107
1 the performance of cardiopulmonary evaluation, respiratory therapy
2 treatment techniques, and education of the patient, family and public.
3 Evaluation shall include the acquisition, analysis and interpretation
4 of data obtained from physiological specimens, performing diagnostic
5 tests, studies and research of the cardiopulmonary system and neurophy-
6 siological studies related to respiratory care.
7 Therapy shall include the application and monitoring of medical gases
8 (excluding anesthetic gases) and environmental control systems, mechan-
9 ical ventilatory support, artificial airway care, bronchopulmonary
10 hygiene, pharmacologic agents related to respiratory care procedures,
11 and cardiopulmonary rehabilitation related and limited to respiratory
12 care.
13 § 2402. Practice of respiratory therapy and use of the title "respir-
14 atory therapist". 1. Only a person licensed or exempt under this subar-
15 ticle shall practice respiratory therapy or use the title "respiratory
16 therapist".
17 2. A licensed respiratory therapist may supervise respiratory therapy
18 technicians in the practice of their profession in such capacities as
19 are prescribed by law and as from time to time may be set by the secre-
20 tary of state.
21 § 2403. State board for respiratory therapy. 1. A state board for
22 respiratory therapy shall be appointed by the secretary of state for the
23 purpose of assisting the secretary of state and the department of state
24 on matters of professional licensing and conduct in accordance with
25 section nine hundred twenty-two of this article. The board shall be
26 composed of not less than five licensed respiratory therapists, two
27 licensed respiratory therapy technicians, and four additional members
28 who shall include at least one licensed physician and at least one
29 public member.
30 2. For purposes of this subarticle, "board" means the state board for
31 respiratory therapy.
32 § 2404. Requirements for licensure as a respiratory therapist. To
33 qualify for a license as a respiratory therapist, an applicant shall
34 fulfill the following requirements:
35 1. Application: file an application with the department of state;
36 2. Education: have received an education, including completion of an
37 approved associate degree program in respiratory therapy or in a program
38 determined by the department of state to be the equivalent;
39 3. Experience: have experience satisfactory to the board and in
40 accordance with the regulations of the secretary of state;
41 4. Examination: pass an examination satisfactory to the board and in
42 accordance with the regulations of the secretary of state;
43 5. Age: be at least eighteen years of age;
44 6. Character: be of good moral character as determined by the depart-
45 ment of state; and
46 7. Fees: pay a fee of one hundred seventy-five dollars to the depart-
47 ment of state for admission to a department conducted examination and
48 for an initial license; a fee of eighty-five dollars for each re-exami-
49 nation; a fee of one hundred fifteen dollars for an initial license for
50 persons not requiring admission to a department conducted examination
51 and a fee of one hundred fifty-five dollars for each triennial registra-
52 tion period commencing on and after June first, nineteen hundred nine-
53 ty-three.
54 § 2405. Mandatory continuing education for respiratory therapists. 1.
55 (a) Each licensed respiratory therapist required under this subarticle
56 to register triennially with the department of state to practice in the
S. 1407 303 A. 2107
1 state shall comply with provisions of the mandatory continuing education
2 requirements prescribed in subdivision two of this section except as set
3 forth in paragraphs (b) and (c) of this subdivision. Respiratory thera-
4 pists who do not satisfy the mandatory continuing education requirement
5 shall not practice until they have met such requirements, and have been
6 issued a registration certificate, except that a respiratory therapist
7 may practice without having met such requirements if he or she is issued
8 a conditional registration certificate pursuant to subdivision three of
9 this section.
10 (b) Respiratory therapists shall be exempt from the mandatory continu-
11 ing education requirement for the triennial registration period during
12 which they are first licensed. In accord with the intent of this
13 section, adjustment to the mandatory continuing education requirement
14 may be granted by the department of state for reasons of health, certi-
15 fied by an appropriate health care professional, for extended active
16 duty with the armed forces of the United States, or for other good cause
17 acceptable to the department which may prevent compliance.
18 (c) A licensed respiratory therapist not engaged in practice as deter-
19 mined by the department of state, shall be exempt from the mandatory
20 continuing education requirement upon the filing of a statement with the
21 department declaring such status. Any licensee who returns to their
22 respective practice as a respiratory therapist during the triennial
23 registration period shall notify the department prior to reentering the
24 profession and shall meet such mandatory education requirements as shall
25 be prescribed by regulations of the secretary of state.
26 2. During each triennial registration period an applicant for regis-
27 tration as a respiratory therapist shall complete a minimum of thirty
28 hours of acceptable formal continuing education, as specified in subdi-
29 vision four of this section, provided that no more than fifteen hours of
30 such continuing education shall consist of self-study courses. A licen-
31 see who has not satisfied the mandatory continuing education require-
32 ments shall not be issued a triennial registration certificate by the
33 department of state and shall not practice unless and until a condi-
34 tional registration certificate is issued as provided for in subdivision
35 three of this section.
36 3. The department of state, in its discretion, may issue a conditional
37 registration to a licensee who fails to meet the continuing education
38 requirements established in subdivision two of this section but who
39 agrees to make up any deficiencies and complete any additional education
40 which the department of state may require. The fee for such a condi-
41 tional registration shall be the same as, and in addition to, the fee
42 for the triennial registration. The duration of such conditional regis-
43 tration shall be determined by the department of state but shall not
44 exceed one year. Any licensee who is notified of the denial of registra-
45 tion for failure to submit evidence, satisfactory to the department, of
46 required continuing education and who practices as a respiratory thera-
47 pist without such registration, may be subject to disciplinary
48 proceedings pursuant to section nine hundred forty-four of this article.
49 4. As used in subdivision two of this section, "acceptable formal
50 continuing education" for respiratory therapy shall mean formal courses
51 of learning which contribute to professional practice in respiratory
52 therapy and which meet the standards prescribed by regulations of the
53 secretary of state. The department of state may, in its discretion and
54 as needed to contribute to the health and welfare of the public, require
55 the completion of continuing education courses in specific subjects.
S. 1407 304 A. 2107
1 5. Respiratory therapists shall maintain adequate documentation of
2 completion of acceptable formal continuing education and shall provide
3 such documentation at the request of the department of state.
4 6. The mandatory continuing education fee for respiratory therapists
5 shall be thirty dollars, shall be payable on or before the first day of
6 each triennial registration period, and shall be paid in addition to the
7 triennial registration fee required by section twenty-four hundred four
8 of this subarticle.
9 § 2406. Exempt persons. This article shall not prohibit: 1. the prac-
10 tice of respiratory therapy as an integral part of a program of study by
11 students enrolled in approved respiratory therapy education programs;
12 2. the performance of any of the modalities included in the definition
13 of respiratory therapy by any other duly licensed, certified or regis-
14 tered health care provider, provided that such modalities are within the
15 scope of his or her practice;
16 3. unlicensed assistants from being employed in a hospital, as defined
17 in article twenty-eight of the public health law, for purposes other
18 than the practice of respiratory therapy; or
19 4. the practice of respiratory therapy by any legally qualified
20 respiratory therapy practitioner of any other state or territory who is
21 serving in the armed forces or the public health service of the United
22 States or who is employed by the veterans administration, while engaged
23 in the performance of his or her duties.
24 § 2407. Limited permits. Permits limited as to eligibility, practice
25 and duration shall be issued by the department of state to eligible
26 applicants as follows: 1. Eligibility. A person who fulfills all
27 requirements for registration as a respiratory therapist except that
28 relating to the examination shall be eligible for a limited permit.
29 2. Limit of practice. All practice under a limited permit shall be
30 under the direct supervision of a licensed respiratory therapist physi-
31 cian specializing in pulmonary medicine, an anesthesiologist or an
32 otherwise legally authorized physician.
33 3. Duration. A limited permit shall expire one year from the date of
34 issuance or upon notice to the permittee by the department of state that
35 the application for licensure has been denied, or ten days after notifi-
36 cation to the permittee of failure on the professional licensing exam-
37 ination, whichever first occurs; provided, however, that if the permit-
38 tee is awaiting the results of a licensing examination at the time such
39 limited permit expires, such permit shall continue to be valid until ten
40 days after notification to the permittee of the result of such examina-
41 tion.
42 4. Fees. The fee for each limited permit shall be seventy dollars.
43 § 2408. Special provisions. A person shall be licensed without exam-
44 ination provided that, within one year of the effective date of this
45 subarticle, the individuals:
46 1. files an application and pays the appropriate fees to the depart-
47 ment of state; and
48 2. (a) is registered by a national certifying or accrediting board for
49 respiratory therapy acceptable to the department of state, or
50 (b) has practiced respiratory therapy in a hospital, as defined in
51 article twenty-eight of the public health law, in the state for not less
52 than three years within the last five years prior to the effective date
53 of this subarticle, or
54 (c) has met the educational standards of a hospital, as defined in
55 article twenty-eight of the public health law, or, in the case of a
56 hospital operated by a public benefit corporation, has met the educa-
S. 1407 305 A. 2107
1 tional standards of such corporation, and has practiced as a respiratory
2 therapist for at least one year in such hospital.
3 § 2409. Definition of the practice of respiratory therapy technician.
4 A respiratory therapy technician means a person licensed in accordance
5 with this subarticle who works under the supervision of a licensed
6 respiratory therapist or a licensed or otherwise legally authorized
7 physician performing tasks and responsibilities within the framework of
8 the practice of respiratory therapy.
9 § 2410. Duties of respiratory therapy technicians and use of the title
10 "respiratory therapy technician". Only a person licensed or otherwise
11 authorized under this subarticle shall participate in the practice of
12 respiratory therapy as a respiratory therapy technician and only a
13 person licensed under this subarticle shall use the title "respiratory
14 therapy technician".
15 § 2411. Requirements for licensure as a respiratory therapy techni-
16 cian. To qualify for a license as a respiratory therapy technician an
17 applicant shall fulfill the following requirements:
18 1. Application: file an application with the department of state;
19 2. Education: have received an education including completion of high
20 school or its equivalent and have completed an approved one-year certif-
21 icate respiratory therapy education program, or a program determined
22 equivalent, in accordance with the regulations of the secretary of
23 state;
24 3. Experience: have experience satisfactory to the board and in
25 accordance with the regulations of the secretary of state;
26 4. Examination: pass an examination satisfactory to the board and in
27 accordance with the regulations of the secretary of state;
28 5. Age: be at least eighteen years of age;
29 6. Character: be of good moral character as determined by the depart-
30 ment of state; and
31 7. Fees: pay a fee of ninety dollars to the department of state for
32 admission to a department conducted examination and for an initial
33 license; a fee of sixty dollars for each re-examination; a fee of fifty
34 dollars for an initial license for persons not requiring admission to a
35 department conducted examination and a fee of ninety dollars for each
36 triennial registration period commencing on and after June first, nine-
37 teen hundred ninety-three.
38 § 2412. Mandatory continuing education for respiratory therapy techni-
39 cians. 1. (a) Each licensed respiratory therapy technician required
40 under this subarticle to register triennially with the department of
41 state to practice in the state shall comply with provisions of the
42 mandatory continuing education requirements prescribed in subdivision
43 two of this section except as set forth in paragraphs (b) and (c) of
44 this subdivision. Respiratory therapy technicians who do not satisfy the
45 mandatory continuing education requirement shall not practice until they
46 have met such requirements, and have been issued a registration certif-
47 icate, except that a respiratory therapy technician may practice without
48 having met such requirements if he or she is issued a conditional regis-
49 tration certificate pursuant to subdivision three of this section.
50 (b) Respiratory therapy technicians shall be exempt from the mandatory
51 continuing education requirement for the triennial registration period
52 during which they are first licensed. In accord with the intent of this
53 section, adjustment to the mandatory continuing education requirement
54 may be granted by the department of state for reasons of health, certi-
55 fied by an appropriate health care professional, for extended active
S. 1407 306 A. 2107
1 duty with the armed forces of the United States, or for other good cause
2 acceptable to the department of state which may prevent compliance.
3 (c) A licensed respiratory therapy technician not engaged in practice
4 as determined by the department of state, shall be exempt from the
5 mandatory continuing education requirement upon the filing of a state-
6 ment with the department declaring such status. Any licensee who returns
7 to their respective practice as a respiratory therapy technician during
8 the triennial registration period shall notify the department prior to
9 reentering the profession and shall meet such mandatory education
10 requirements as shall be prescribed by regulations of the secretary of
11 state.
12 2. During each triennial registration period an applicant for regis-
13 tration as a respiratory therapy technician shall complete a minimum of
14 twenty-four hours of acceptable formal continuing education, as speci-
15 fied in subdivision four of this section, provided that no more than
16 twelve hours of such continuing education shall consist of self-study
17 courses. A licensee who has not satisfied the mandatory continuing
18 education requirements shall not be issued a triennial registration
19 certificate by the department of state and shall not practice unless and
20 until a conditional registration certificate is issued as provided for
21 in subdivision three of this section.
22 3. The department of state, in its discretion, may issue a conditional
23 registration to a licensee who fails to meet the continuing education
24 requirements established in subdivision two of this section but who
25 agrees to make up any deficiencies and complete any additional education
26 which the department may require. The fee for such a conditional regis-
27 tration shall be the same as, and in addition to, the fee for the trien-
28 nial registration. The duration of such conditional registration shall
29 be determined by the department but shall not exceed one year. Any
30 licensee who is notified of the denial of registration for failure to
31 submit evidence, satisfactory to the department, of required continuing
32 education and who practices as a respiratory therapy technician without
33 such registration, may be subject to the disciplinary proceedings pursu-
34 ant to section nine hundred forty-four of this article.
35 4. As used in subdivision two of this section, "acceptable formal
36 continuing education" for respiratory therapy technicians shall mean
37 formal courses of learning which contribute to professional practice as
38 a respiratory therapy technician and which meet the standards prescribed
39 by regulations of the secretary of state. The department of state may,
40 in its discretion and as needed to contribute to the health and welfare
41 of the public, require the completion of continuing education courses in
42 specific subjects.
43 5. Respiratory therapy technicians shall maintain adequate documenta-
44 tion of completion of acceptable formal continuing education and shall
45 provide such documentation at the request of the department of state.
46 6. The mandatory continuing education fee for respiratory therapy
47 technicians shall be twenty-five dollars, shall be payable on or before
48 the first day of each triennial registration period, and shall be paid
49 in addition to the triennial registration fee required by section twen-
50 ty-four hundred eleven of this subarticle.
51 § 2413. Limited permits. 1. Eligibility. The department of state may
52 issue a limited permit to an applicant who meets all requirements for
53 admission to the licensing examination.
54 2. Limit of practice. All practice under a limited permit shall be
55 under the direct supervision of a licensed respiratory therapist or a
56 licensed or otherwise legally authorized physician.
S. 1407 307 A. 2107
1 3. Duration. A limited permit shall expire one year from the date of
2 issuance or upon notice to the permittee by the department of state that
3 the application for registration has been denied, or ten days after
4 notification to the permittee of failure on the professional licensing
5 examination, whichever first occurs; provided, however, that if the
6 permittee is awaiting the results of a licensing examination at the time
7 such limited permit expires, such permit shall continue to be valid
8 until ten days after notification to the permittee of the result of such
9 examination.
10 4. Fees. The fee for each limited permit shall be fifty dollars.
11 § 2414. Exempt persons. This subarticle shall not prohibit: 1. a
12 respiratory therapy student or a respiratory therapy technician student
13 from engaging in clinical assistance under the supervision of a licensed
14 respiratory therapist or a licensed or otherwise legally authorized
15 physician as an integral part of a program of study by students enrolled
16 in an approved respiratory therapy technician program or in a clinical
17 facility or health care agency affiliated with the program for respir-
18 atory therapy technicians; or
19 2. the performance of any of the tasks or responsibilities included in
20 the definition of respiratory therapy technician by any other duly
21 licensed, certified or registered health care provider, provided that
22 such tasks or responsibilities are within the scope of his or her prac-
23 tice; or
24 3. unlicensed assistants from being employed in a hospital, as defined
25 in article twenty-eight of the public health law, for purposes other
26 than the practice of respiratory therapy technician; or
27 4. the practice of respiratory therapy by any legally qualified
28 respiratory therapy practitioner of any other state or territory who is
29 serving in the armed forces or the public health service of the United
30 States or who is employed by the veterans administration, while engaged
31 in the performance of his or her duties.
32 § 2415. Special provisions. A person shall be licensed without exam-
33 ination provided that, within one year of the effective date of this
34 subarticle, the individual:
35 1. files an application and pays the appropriate fees to the depart-
36 ment of state; and
37 2. (a) is certified by a national certifying or accrediting board for
38 respiratory therapy technicians acceptable to the department of state,
39 or
40 (b) has practiced as a respiratory therapy technician in a hospital,
41 as defined in article twenty-eight of the public health law, in the
42 state for not less than two years within the last five years, or
43 (c) has met the educational standards of a hospital, as defined in
44 article twenty-eight of the public health law, or, in the case of a
45 hospital operated by a public benefit corporation, has met the educa-
46 tional standards of such corporation, and has practiced as a respiratory
47 therapy technician for at least one year in such hospital.
48 SUBARTICLE 29
49 MEDICAL PHYSICS PRACTICE
50 Section 2450. Introduction.
51 2451. Definitions.
52 2452. Definition of "practice of medical physics".
53 2453. Use of the title "professional medical physicist".
54 2454. State committee for medical physics.
55 2455. Requirements and procedures for professional licensure.
56 2456. Limited permits.
S. 1407 308 A. 2107
1 2457. Exemptions.
2 2458. Licensure without examination.
3 2459. Separability.
4 § 2450. Introduction. This subarticle applies to the profession of
5 medical physics. The general provisions for all professions contained in
6 subarticle one of this article apply to this subarticle.
7 § 2451. Definitions. As used in this subarticle:
8 1. "Clinical" shall mean activities directly relating to the treatment
9 or diagnosis of human ailments.
10 2. "Specialty" or "specialty area" shall mean the following branch or
11 branches of special competence within medical physics:
12 (a) "Diagnostic radiological physics" shall mean the branch of medical
13 physics relating to the diagnostic application of radiation, the analy-
14 sis and interpretation of image quality, performance measurements and
15 the calibration of equipment associated with the production and use of
16 such radiation, the analysis and interpretation of measurements associ-
17 ated with patient doses and exposures, and the radiation safety aspects
18 associated with the production and use of such radiation;
19 (b) "Medical health physics" shall mean the branch of medical physics
20 pertaining to the radiation safety aspects of the use of radiation for
21 both diagnostic and therapeutic purposes, and the use of equipment to
22 perform appropriate radiation measurements;
23 (c) "Medical nuclear physics" shall mean the branch of medical physics
24 pertaining to the therapeutic and diagnostic application of radionu-
25 clides, excluding those used in sealed sources for therapeutic purposes,
26 the analysis and interpretation of performance measurements associated
27 with radiation imaging equipment and performance oversight of radionu-
28 clide calibration equipment associated with the use and production of
29 radionuclides, the analysis and interpretation of measurements and
30 calculations associated with patient organ doses, and the radiation
31 safety aspects associated with the production and use of such radionu-
32 clides; and
33 (d) "Therapeutic radiological physics" or "radiation oncology physics"
34 shall mean the branch of medical physics relating to the therapeutic
35 application of radiation, the analysis and interpretation of radiation
36 equipment performance measurements and the calibration of equipment
37 associated with the production and use of such radiation, the analysis
38 and interpretation of measurements associated with patient doses, and
39 the radiation safety aspects associated with the production and use of
40 such radiation.
41 3. "Medical physics" shall mean the branch of physics limited to the
42 field of radiological physics.
43 4. "Radiation" shall mean all ionizing radiation above background
44 levels or any non-ionizing radiation used in diagnostic imaging or in
45 radiation oncology.
46 5. "Radiological physics" shall mean diagnostic radiological physics,
47 therapeutic radiological physics or radiation oncology physics, medical
48 nuclear physics and medical health physics.
49 6. "Radiological procedure" shall mean any test, measurement, calcu-
50 lation or radiation exposure for the purpose of diagnosis or treatment
51 of any medical condition of a human, including therapeutic radiation,
52 diagnostic imaging and measurements, and nuclear medicine procedures.
53 § 2452. Definition of "practice of medical physics". 1. The "practice
54 of the profession of medical physics" shall mean the use and application
55 of accepted principles and protocols of physics in a clinical setting to
56 assure the correct quality, quantity and placement of radiation during
S. 1407 309 A. 2107
1 the performance of a radiological procedure, so as to protect the
2 patient and other persons from harmful, excessive or misapplied radi-
3 ation. Such practice shall include, but not necessarily be limited to:
4 radiation beam calibration and characterization; oversight and responsi-
5 bility for patient radiation dose measurement, calculation and report-
6 ing; oversight and responsibility for quality control; instrument spec-
7 ification; optimization of image quality; acceptance testing; shielding
8 design; protection analysis on radiation emitting equipment and radio-
9 pharmaceuticals; and consultation with a physician to assure accurate
10 radiation dosage and application to a specific patient.
11 2. A license to practice medical physics shall be issued with special
12 competency in one or more specialty areas in which the licensee has
13 satisfied the requirements of section twenty-four hundred fifty-five of
14 this subarticle.
15 3. The practice in any specialty by a person whose license is not
16 issued with special competency for such specialty shall be deemed the
17 unauthorized practice of the profession of medical physics.
18 4. Only a person licensed under this subarticle shall practice the
19 profession of medical physics.
20 § 2453. Use of the title "professional medical physicist". Only a
21 person licensed under this subarticle shall use the title "professional
22 medical physicist".
23 § 2454. State committee for medical physics. 1. A state committee for
24 medical physics shall be appointed by the secretary of state and shall
25 assist secretary of state on matters of licensure and professional
26 conduct in accordance with section nine hundred twenty-two of this arti-
27 cle. Notwithstanding the provisions of section nine hundred twenty-two
28 of this article, the committee shall assist the board for medicine sole-
29 ly in medical physics matters, which board shall also function as the
30 state board for medical physics. The licensure requirements for profes-
31 sional medical physicists shall be waived for the initial committee
32 appointees, provided that such appointees shall have received national
33 certification in their specialty.
34 2. The committee shall consist of eight individuals, to be composed of
35 the following:
36 (a) Four licensed medical physicists represented by each of the
37 following specialties:
38 (i) diagnostic radiological physics,
39 (ii) therapeutic radiological or radiation oncology physics,
40 (iii) medical nuclear physics, and
41 (iv) medical health physics;
42 (b) Three licensed physicians represented by each of the following
43 specialties:
44 (i) diagnostic radiology,
45 (ii) radiation therapy or radiation oncology, and
46 (iii) nuclear medicine; and
47 (c) A representative of the public at large.
48 § 2455. Requirements and procedures for professional licensure. To
49 qualify for a license as a professional medical physicist, an applicant
50 shall fulfill the following requirements:
51 1. Application: file an application with the department of state;
52 2. Education: have received an education including a master's or
53 doctoral degree from an accredited college or university in accordance
54 with the regulations of the secretary of state. Such person shall have
55 completed such courses of instruction as are deemed necessary by the
S. 1407 310 A. 2107
1 secretary of state to practice in the medical physics specialty in which
2 the applicant has applied for a license;
3 3. Experience: have experience in his or her medical physics specialty
4 satisfactory to the board of medicine and in accordance with the regu-
5 lations of the secretary of state;
6 4. Examination: pass an examination in his or her medical specialty
7 satisfactory to the board of medicine and in accordance with the regu-
8 lations of the secretary of state. The examination requirement may be
9 waived by the board of medicine on recommendation of the secretary of
10 state for certain applicants with extensive experience as a medical
11 physicist;
12 5. Age: be at least twenty-one years of age;
13 6. Fee: pay a fee of three hundred dollars to the department of state
14 for admission to a department conducted examination for licensure, a fee
15 of one hundred fifty dollars for licensure with special competency in
16 the first specialty and twenty-five dollars for each additional special-
17 ty, and a fee of three hundred dollars for each biennial registration
18 period.
19 § 2456. Limited permits. Permits limited as to eligibility, practice
20 and duration shall be issued by the department of state to eligible
21 applicants, as follows:
22 1. Eligibility. The following persons shall be eligible for a limited
23 permit:
24 (a) a person who fulfills all requirements for a license as a profes-
25 sional medical physicist except those relating to examination or experi-
26 ence; or
27 (b) a medical physics student enrolled in a graduate or post-graduate
28 curriculum approved by the department of state;
29 2. Limit of practice. A permittee shall be authorized to practice
30 medical physics only under the direct and immediate supervision of a
31 professional medical physicist and only in the specialty of such profes-
32 sional medical physicist;
33 3. Duration. A limited permit shall be valid for two years. It may be
34 renewed biennially at the discretion of the department of state;
35 4. Fee. The fee for each limited permit and for each renewal shall be
36 sixty dollars.
37 § 2457. Exemptions. Nothing in this subarticle shall be construed to
38 affect, prevent or in any manner expand or limit the authority of any
39 person otherwise authorized by law or regulation to practice any func-
40 tion of a medical physicist, or any department or agency authorized by
41 law or regulation to regulate the use of radiation, nor prohibit the
42 repair or calibration of any test equipment used by professional medical
43 physicists by any person otherwise allowed to do so under state or
44 federal law, nor serve to limit radiologic and/or imaging technicians or
45 any individual otherwise authorized by law or regulation from performing
46 quality control measurements or obtaining quality control data, nor
47 serve to limit a service engineer in the repair of radiation producing
48 equipment nor an installation engineer in the installation of radiation
49 producing equipment.
50 § 2458. Licensure without examination. 1. Within eighteen months of
51 the effective date of regulations implementing the provisions of this
52 subarticle, the department of state may issue a license to practice
53 medical physics with special competency in one or more specialties in
54 this state, without an examination, to a person who meets the require-
55 ments of subdivisions one, five and six of section twenty-four hundred
56 fifty-five of this subarticle and who in addition has an earned bach-
S. 1407 311 A. 2107
1 elor's, master's or doctoral degree from an accredited college or
2 university that signifies the completion of a course of study acceptable
3 to the department of state, and has demonstrated to the department's
4 satisfaction, in the case of an earned bachelor's degree, the completion
5 of at least fifteen years of full-time work experience in the medical
6 physics specialty for which application is made, or, in the case of an
7 earned master's or doctoral degree, the completion of at least two years
8 of full-time work experience in the five years preceding the date of
9 application in the medical physics specialty for which application is
10 made and the equivalent of one year or more of full-time work experience
11 in the ten years preceding the date of application for each additional
12 specialty for which application is made.
13 2. On receipt of an application and fee pursuant to section twenty-
14 four hundred fifty-five of this subarticle, the department of state may
15 issue a license to practice medical physics with special competency in
16 one or more specialties in this state to a person who holds a license to
17 practice medical physics in another state, territory or jurisdiction
18 that has requirements for licensing of medical physicists which the
19 department of state determines to be substantially the same as the
20 requirements of this subarticle.
21 § 2459. Separability. If any section of this subarticle, or part
22 thereof, shall be adjudged by any court of competent jurisdiction to be
23 invalid, such judgment shall not affect, impair or invalidate the
24 remainder of any other section or part thereof.
25 § 4. Subdivision 3 of section 921 of the general business law, as
26 added by section three of this act, is amended by adding a new paragraph
27 a to read as follows:
28 a. Establish standards for preprofessional and professional education,
29 experience and licensing examinations as required to implement the
30 subarticle for each profession. Notwithstanding any other provision of
31 law, the secretary of state shall establish standards requiring that all
32 persons applying, on or after January first, two thousand five, initial-
33 ly, or for the renewal of, a license, registration or limited permit to
34 be a physician, chiropractor, dentist, registered nurse, podiatrist,
35 optometrist, psychiatrist, psychologist, licensed creative arts thera-
36 pist, licensed marriage and family therapist, licensed mental health
37 counselor, licensed psychoanalyst, or dental hygienist shall, in addi-
38 tion to all the other licensure, certification or permit requirements,
39 have completed two hours of coursework or training regarding the iden-
40 tification and reporting of child abuse and maltreatment. The coursework
41 or training shall be obtained from an institution or provider which has
42 been approved by the department of state to provide such coursework or
43 training. The coursework or training shall include information regarding
44 the physical and behavioral indicators of child abuse and maltreatment
45 and the statutory reporting requirements set out in sections four
46 hundred thirteen through four hundred twenty of the social services law,
47 including but not limited to, when and how a report must be made, what
48 other actions the reporter is mandated or authorized to take, the legal
49 protections afforded reporters, and the consequences for failing to
50 report. Each applicant shall provide the department of state with
51 documentation showing that he or she has completed the required train-
52 ing. The department of state shall provide an exemption from the child
53 abuse and maltreatment training requirements to any applicant who
54 requests such an exemption and who shows, to such department's satisfac-
55 tion, that there would be no need because of the nature of his or her
56 practice for him or her to complete such training;
S. 1407 312 A. 2107
1 § 5. Section 1204 of the general business law, as added by section
2 three of this act, is amended by adding two new subdivisions 3 and 4 to
3 read as follows:
4 (3) Experience: have experience satisfactory to the state board for
5 dentistry and in accordance with the regulations of the secretary of
6 state;
7 (4) Examination: pass an examination satisfactory to the state board
8 for dentistry and in accordance with the regulations of the secretary of
9 state;
10 § 6. Section 1254 of the general business law, as added by section
11 three of this act, is amended by adding a new subdivision 6 to read as
12 follows:
13 (6) Citizenship or immigration status: be a United States citizen or
14 an alien lawfully admitted for permanent residence in the United States;
15 § 7. Section 1261 of the general business law, as added by section
16 three of this act, is amended by adding a new subdivision 5 to read as
17 follows:
18 (5) Citizenship or immigration status: be a United States citizen or
19 an alien lawfully admitted for permanent residence in the United States;
20 § 8. Section 1409 of the general business law, as added by section
21 three of this act, is amended by adding a new subdivision 5 to read as
22 follows:
23 5. A registered professional nurse defined under subdivision one of
24 section fourteen hundred two of this subarticle may use accepted classi-
25 fications of signs, symptoms, dysfunctions and disorders, including, but
26 not limited to, classifications used in the practice setting for the
27 purpose of providing mental health services.
28 § 9. The general business law is amended by adding a new section 1662
29 to read as follows:
30 § 1662. Mandatory continuing education for land surveyors. 1. (a) Each
31 licensed land surveyor required under this subarticle to register trien-
32 nially with the department of state to practice in the state shall
33 comply with the provisions of the mandatory continuing education
34 requirements prescribed in subdivision two of this section except as set
35 forth in paragraphs (b) and (c) of this subdivision. Land surveyors who
36 do not satisfy the mandatory continuing education requirements shall not
37 practice until they have met such requirements, and have been issued a
38 registration certificate, except that a land surveyor may practice with-
39 out having met such requirements if he or she is issued a conditional
40 registration certificate pursuant to subdivision three of this section.
41 (b) In accord with the intent of this section, adjustment to the
42 mandatory continuing education requirement may be granted by the depart-
43 ment for reasons of health certified by an appropriate health care
44 professional, for extended active duty with the armed forces of the
45 United States, or for other good cause acceptable to the department of
46 state which may prevent compliance.
47 (c) A licensed land surveyor not engaged in practice as determined by
48 the department of state shall be exempt from the mandatory continuing
49 education requirement upon the filing of a statement with the department
50 declaring such status. Any licensee who returns to the practice of land
51 surveying during the triennial registration period shall notify the
52 department prior to reentering the profession and shall meet such manda-
53 tory education requirements as shall be prescribed by regulations of the
54 secretary of state.
55 2. During each triennial registration period an applicant for regis-
56 tration shall complete a minimum of twenty-four hours of acceptable
S. 1407 313 A. 2107
1 continuing education, as specified in subdivision four of this section,
2 provided, however, that a minimum of sixteen hours of such continuing
3 education shall consist of courses in land surveying and related
4 subjects, provided that no more than eight of said twenty-four hours
5 shall consist of self-study courses. Any land surveyor whose first
6 registration date following the effective date of this section occurs
7 less than three years from such effective date, but on or after January
8 first, two thousand five, shall complete continuing education hours on a
9 prorated basis at the rate of one hour per month for the period begin-
10 ning January first, two thousand four up to the first registration date
11 thereafter. A licensee who has not satisfied the mandatory continuing
12 education requirements shall not be issued a triennial registration
13 certificate by the department of state and shall not practice unless and
14 until a conditional registration certificate is issued as provided for
15 in subdivision three of this section. Continuing education hours taken
16 during one triennium may not be transferred to a subsequent triennium.
17 3. The department of state, in its discretion, may issue a conditional
18 registration to a licensee who fails to meet the continuing education
19 requirements established in subdivision two of this section but who
20 agrees to make up any deficiencies and complete any additional education
21 which the department may require. The fee for such a conditional regis-
22 tration shall be the same as, and in addition to, the fee for the trien-
23 nial registration. The duration of such conditional registration shall
24 be determined by the department of state but shall not exceed one year.
25 Any licensee who is notified of the denial of registration for failure
26 to submit evidence, satisfactory to the department of state, of required
27 continuing education and who practices land surveying without such
28 registration, shall be subject to disciplinary proceedings pursuant to
29 section nine hundred forty-four of this article.
30 4. As used in subdivision two of this section, "acceptable continuing
31 education" shall mean courses of learning and other activities which
32 contribute to the profession or practice of land surveying and which
33 meet the regulations of the secretary of state. The department of state
34 may, in its discretion and as needed to contribute to the health and
35 welfare of the public, require the completion of continuing education
36 courses in specific subjects. Such courses of learning must be taken
37 from a sponsor approved by the department, pursuant to regulations of
38 the secretary of state.
39 5. Land surveyors shall maintain adequate documentation of completion
40 of acceptable continuing education and shall provide such documentation
41 at the request of the department of state.
42 6. The mandatory continuing education fee shall be forty-five dollars
43 and shall be payable on or before the first day of each triennial regis-
44 tration period, and shall be paid in addition to the triennial regis-
45 tration fee required by paragraph eight of subdivision one of section
46 sixteen hundred fifty-seven of this subarticle.
47 § 10. The general business law is amended by adding a new section 1663
48 to read as follows:
49 § 1663. Mandatory continuing education for professional engineers. 1.
50 (a) Each licensed professional engineer required under this subarticle
51 to register triennially with the department of state to practice in this
52 state shall comply with provisions of the mandatory continuing education
53 requirements prescribed in subdivision two of this section except as set
54 forth in paragraphs (b) and (c) of this subdivision. Professional engi-
55 neers who do not satisfy the mandatory continuing education requirements
56 shall not practice until they have met such requirements, and have been
S. 1407 314 A. 2107
1 issued a registration certificate, except that a professional engineer
2 may practice without having met such requirements if he or she is issued
3 a conditional registration certificate pursuant to subdivision three of
4 this section.
5 (b) Professional engineers shall be exempt from the mandatory continu-
6 ing education requirement for the triennial registration period during
7 which they are first licensed. In accordance with the intent of this
8 section, adjustment to the mandatory continuing education requirement
9 may be granted by the department of state for reasons of health certi-
10 fied by an appropriate health care professional, for extended active
11 duty with the armed forces of the United States, or for other good cause
12 acceptable to the department of state which may prevent compliance.
13 (c) A licensed professional engineer not engaged in practice as deter-
14 mined by the department of state shall be exempt from the mandatory
15 continuing education requirement upon the filing of a statement with the
16 department of state declaring such status. Any licensee who returns to
17 the practice of professional engineering during the triennial registra-
18 tion period shall notify the department of state prior to reentering the
19 profession and shall meet such mandatory education requirements as shall
20 be prescribed by regulations of the secretary of state.
21 (d) Professional engineers directly employed on a full-time basis by
22 the state of New York, its agencies, public authorities, public benefit
23 corporations or local governmental units prior to January first, two
24 thousand four and who are represented by a collective bargaining unit,
25 at all times when so employed shall be deemed to have satisfied the
26 continuing education requirements of this section, provided however that
27 any such licensees who thereafter leave such employment and enter the
28 practice of professional engineering in other capacities in New York, or
29 otherwise engage in such practice, shall satisfy the requirements of
30 this section in such manner as shall be prescribed by regulations of the
31 secretary of state.
32 2. During each triennial registration period an applicant for regis-
33 tration shall complete a minimum of thirty-six hours of acceptable
34 continuing education, as specified in subdivision four of this section,
35 provided that no more than eighteen hours of such continuing education
36 may consist of non-course activities. Any professional engineer whose
37 first registration date following the effective date of this section
38 occurs less than three years from such effective date, but on or after
39 January first, two thousand five, shall complete continuing education
40 hours on a prorated basis at the rate of one hour per month for the
41 period beginning January first, two thousand four up to the first regis-
42 tration date thereafter. A licensee who has not satisfied the mandatory
43 continuing education requirements shall not be issued a triennial regis-
44 tration certificate by the department of state and shall not practice
45 unless and until a conditional registration certificate is issued as
46 provided for in subdivision three of this section. With the exception of
47 continuing education hours taken during the registration period imme-
48 diately preceding the effective date of this section, continuing educa-
49 tion hours taken during one triennium may not be transferred to a subse-
50 quent triennium.
51 3. The department of state, in its discretion, may issue a conditional
52 registration to a licensee who fails to meet the continuing education
53 requirements established in subdivision two of this section but who
54 agrees to make up any deficiencies and complete any additional education
55 which the department may require. The fee for such a conditional regis-
56 tration shall be the same as, and in addition to, the fee for the trien-
S. 1407 315 A. 2107
1 nial registration. The duration of such conditional registration shall
2 be determined by the department of state but shall not exceed one year.
3 Any licensee who is notified of the denial of registration for failure
4 to submit evidence, satisfactory to the department, of required continu-
5 ing education and who practices professional engineering without such
6 registration, may be subject to disciplinary proceedings pursuant to
7 section nine hundred forty-four of this article.
8 4. As used in subdivision two of this section, "acceptable continuing
9 education" shall mean courses of learning and educational activities
10 which contribute to professional practice in professional engineering
11 and which meet the standards prescribed by regulations of the secretary
12 of state. The department of state may, in its discretion and as needed
13 to contribute to the health and welfare of the public, require the
14 completion of continuing education courses in specific subjects.
15 5. Professional engineers shall maintain adequate documentation of
16 completion of acceptable continuing education and educational activities
17 and shall provide such documentation at the request of the department of
18 state.
19 6. The mandatory continuing education fee shall be forty-five dollars,
20 shall be payable on or before the first day of each triennial registra-
21 tion period, and shall be paid in addition to the triennial registration
22 fee required by section sixteen hundred fifty-six of this subarticle.
23 § 11. Article 40 of the general business law, as added by section
24 three of this act, is amended by adding a new subarticle 19 to read as
25 follows:
26 SUBARTICLE 19
27 SOCIAL WORK
28 Section 1950. Introduction.
29 1951. Definitions.
30 1952. Authorized practice and the use of the titles "licensed
31 master social worker" and "licensed clinical social
32 worker".
33 1953. State board for social work.
34 1954. Requirements for a license.
35 1955. Limited permits.
36 1956. Exempt persons.
37 1957. Special provisions.
38 1958. Boundaries of professional practice.
39 1959. Hospital privileges.
40 § 1950. Introduction. This subarticle applies to the profession and
41 practice of social work, the practice of licensed master social work and
42 the practice of clinical social work, and to the use of the titles
43 "licensed master social worker", and "licensed clinical social worker".
44 The general provisions for all professions contained in subarticle one
45 of this article apply to this subarticle.
46 § 1951. Definitions. 1. Practice of licensed master social work.
47 (a) The practice of licensed master social work shall mean the profes-
48 sional application of social work theory, principles, and the methods to
49 prevent, assess, evaluate, formulate and implement a plan of action
50 based on client needs and strengths, and intervene to address mental,
51 social, emotional, behavioral, developmental, and addictive disorders,
52 conditions and disabilities, and of the psychosocial aspects of illness
53 and injury experienced by individuals, couples, families, groups, commu-
54 nities, organizations, and society.
S. 1407 316 A. 2107
1 (b) Licensed master social workers engage in the administration of
2 tests and measures of psychosocial functioning, social work advocacy,
3 case management, counseling, consultation, research, administration and
4 management, and teaching.
5 (c) Licensed master social workers provide all forms of supervision
6 other than supervision of the practice of licensed clinical social work
7 as defined in subdivision two of this section.
8 (d) Licensed master social workers practice licensed clinical social
9 work in facility settings under supervision in accordance with the regu-
10 lations of the secretary of state.
11 2. Practice of clinical social work. The scope of practice of clinical
12 social work encompasses the scope of practice of licensed master social
13 work and, in addition, includes the diagnostic assessment of mental,
14 emotional, behavioral, addictive and developmental disorders and disa-
15 bilities and of the psychosocial aspects of illness, injury, disability
16 and impairment undertaken within a psychosocial framework; adminis-
17 tration and interpretation of tests and measures of psychosocial func-
18 tioning; development and implementation of appropriate assessment-based
19 treatment plans; and the provision of crisis oriented psychotherapy and
20 brief, short-term and long-term psychotherapy and psychotherapeutic
21 treatment to individuals, couples, families and groups, habilitation,
22 psychoanalysis and behavior therapy; all undertaken for the purpose of
23 preventing, assessing, treating, ameliorating and resolving psychosocial
24 dysfunction with the goal of maintaining and enhancing the psychological
25 and social functioning and well-being of individuals, couples, families,
26 small groups, organizations, communities and society.
27 3. Diagnosis. Diagnosis in the context of licensed clinical social
28 work practice is the process of distinguishing, beyond general social
29 work assessment, between similar mental, emotional, behavioral, develop-
30 mental and addictive disorders, impairments and disabilities within a
31 psychosocial framework on the basis of their similar and unique charac-
32 teristics consistent with accepted classification systems.
33 4. Psychotherapy. Psychotherapy is the use of verbal methods in inter-
34 personal relationships with the intent of assisting a person or persons
35 to modify attitudes and behavior which are intellectually, socially, or
36 emotionally maladaptive.
37 5. Assessment-based treatment plans. Development of assessment-based
38 treatment plans in the context of clinical social work practice refers
39 to the development of an integrated plan of prioritized interventions,
40 that is based on the diagnosis and psychosocial assessment of the
41 client, to address mental, emotional, behavioral, developmental and
42 addictive disorders, impairments and disabilities, reactions to
43 illnesses, injuries, disabilities and impairments, and social problems.
44 § 1952. Authorized practice and the use of the titles "licensed master
45 social worker" and "licensed clinical social worker". 1. In addition to
46 the licensed social work services included in subdivisions one and two
47 of section nineteen hundred fifty-one of this subarticle, licensed
48 master social workers and licensed clinical social workers may perform
49 the following social work functions that do not require a license under
50 this subarticle, including but not limited to:
51 (a) Serve as a community organizer, planner, or administrator for
52 social service programs in any setting.
53 (b) Provide supervision and/or consultation to individuals, groups,
54 other disciplines, institutions and agencies.
55 (c) Serve as a faculty member or instructor in an educational setting.
S. 1407 317 A. 2107
1 (d) Plan and/or conduct research projects and program evaluation
2 studies.
3 (e) Maintain familiarity with both professional and self-help systems
4 in the community in order to assist the client in those services when
5 necessary.
6 (f) Assist individuals or groups with difficult day to day problems
7 such as finding employment, locating sources of assistance, and organiz-
8 ing community groups to work on a specific problem.
9 (g) Consult with other agencies on problems and cases served in common
10 and coordinating services among agencies or providing case management.
11 (h) Conduct data gathering on social problems.
12 (i) Serve as an advocate for those clients or groups of clients whose
13 needs are not being met by available programs or by a specific agency.
14 (j) Assess, evaluate and formulate a plan of action based on client
15 need.
16 (k) Provide training to community groups, agencies, and other profes-
17 sionals.
18 (l) Provide administrative supervision.
19 2. The following provisions shall apply to the practice of "licensed
20 master social work" and use of the title "licensed master social worker"
21 and designation "LMSW". (a) Only a person licensed or exempt under this
22 subarticle shall practice licensed master social work as defined in
23 subdivision one of section nineteen hundred fifty-one of this subarti-
24 cle.
25 (b) Only a person licensed pursuant to subdivision one of section
26 nineteen hundred fifty-four of this subarticle shall use the title
27 "licensed master social worker" or the designation "LMSW".
28 3. Practice of "licensed clinical social work" and use of the title
29 "licensed clinical social worker". (a) Only a person licensed or exempt
30 under this subarticle shall practice "licensed clinical social work" as
31 defined in subdivision two of section nineteen hundred fifty-one of this
32 subarticle.
33 (b) Only a person licensed pursuant to subdivision two of section
34 nineteen hundred fifty-four of this subarticle shall use the title
35 "licensed clinical social worker" or the designation "LCSW".
36 § 1953. State board for social work. 1. A state board for social work
37 shall be appointed by the secretary of state for the purpose of assist-
38 ing the secretary of state and the department of state on matters of
39 professional licensing and professional conduct in accordance with
40 section nine hundred twenty-two of this article. The board shall be
41 composed of not less than twelve members, of which five shall be
42 licensed clinical social workers, five shall be licensed master social
43 workers and two members of the public. An executive secretary to the
44 board shall be appointed by the secretary of state and shall be licensed
45 pursuant to this article.
46 2. For purposes of this subarticle, "board" means the state board for
47 social work.
48 § 1954. Requirements for a license. 1. To qualify for a license as a
49 "licensed master social worker" an applicant shall fulfill the following
50 requirements:
51 (a) Application: file an application with the department of state;
52 (b) Education: have received an education, including a master's of
53 social work degree from a program registered by the department of state,
54 or determined by the department to be the substantial equivalent, in
55 accordance with the regulations of the secretary of state;
56 (c) Experience: meet no requirement as to experience;
S. 1407 318 A. 2107
1 (d) Examination: pass an examination satisfactory to the board and in
2 accordance with the regulations of the secretary of state;
3 (e) Age: be at least twenty-one years of age;
4 (f) Character: be of good moral character as determined by the depart-
5 ment of state; and
6 (g) Fees: pay a fee of one hundred fifteen dollars to the department
7 of state for admission to a department conducted examination and for an
8 initial license, and a fee of one hundred fifty-five dollars for each
9 triennial registration period.
10 2. To qualify for a license as a "licensed clinical social worker", an
11 applicant shall fulfill the following requirements:
12 (a) Application: file an application with the department of state;
13 (b) Education: have received an education, including a master's of
14 social work degree from a program registered by the department of state,
15 or determined by the department of state to be the substantial equiv-
16 alent, that includes completion of a core curriculum which includes
17 clinical content, in accordance with the regulations of the secretary of
18 state; a person who has received a master's, or equivalent degree in
19 social work, during which they did not complete a core curriculum which
20 includes clinical content, may satisfy this requirement by completing
21 equivalent post-graduate clinical coursework, in accordance with the
22 regulations of the secretary of state;
23 (c) Experience: have at least three years full-time supervised facili-
24 ty post-graduate clinical social work experience, or its part-time
25 equivalent, obtained over a continuous period not to exceed six years,
26 providing clinical social work services within the scope of practice of
27 licensed clinical social work as defined in subdivision two of section
28 nineteen hundred fifty-one of this subarticle, in accordance with the
29 regulations of the secretary of state; a person who does not meet such
30 experience requirements for a license may meet alternative criteria
31 determined by the department of state to be the substantial equivalent
32 of such criteria. Facility experience for this purpose shall mean expe-
33 rience obtained as a salaried employee of a federal, state, county or
34 municipal agency, or other political subdivision, or a chartered elemen-
35 tary or secondary school or degree-granting educational institution, or
36 a not-for-profit or proprietary incorporated entity, which government
37 agency, educational institution, or not-for-profit or proprietary entity
38 is licensed or otherwise authorized to provide services that fall within
39 the scope of practice of clinical social work. The experience require-
40 ment may also be satisfied by obtaining three years post-graduate expe-
41 rience in psychotherapy under the supervision of a psychiatrist,
42 psychologist or a clinical social worker qualified for reimbursement
43 pursuant to sections three thousand two hundred twenty-one and four
44 thousand three hundred three of the insurance law. For the purposes of
45 this paragraph supervision shall be provided in a manner that is
46 consistent with professional standards for clinical social work super-
47 vision as determined by the secretary of state in regulation;
48 (d) Examination: pass an examination satisfactory to the board and in
49 accordance with the regulations of the secretary of state;
50 (e) Age: be at least twenty-one years of age;
51 (f) Character: be of good moral character as determined by the depart-
52 ment of state; and
53 (g) Fees: pay a fee of one hundred fifteen dollars to the department
54 of state for admission to a department conducted examination and for an
55 initial license and a fee of one hundred fifty-five dollars.
S. 1407 319 A. 2107
1 § 1955. Limited permits. 1. On recommendation of the board, the
2 department of state may issue a limited permit to practice licensed
3 clinical social work and use the title licensed clinical social worker,
4 or to practice licensed master social work and use the title licensed
5 master social worker to an applicant whose qualifications have been
6 approved for admission to the examination therefor. This limited permit
7 shall be valid for a period of not more than twelve months, and be
8 renewed, at the discretion of the department, for one additional year.
9 2. The fee for each limited permit shall be seventy dollars.
10 § 1956. Exempt persons. Nothing contained in this subarticle shall be
11 construed to:
12 1. Apply to the practice, conduct, activities, services or use of any
13 title by any person licensed or otherwise authorized to practice medi-
14 cine within the state pursuant to subarticle two of this article or by
15 any person registered to perform services as a physician assistant with-
16 in the state pursuant to subarticle two-B of this article or by any
17 person licensed or otherwise authorized to practice psychology within
18 this state pursuant to subarticle eighteen of this article or by any
19 person licensed or otherwise authorized to practice nursing as a regis-
20 tered professional nurse within this state pursuant to subarticle eight
21 of this article or by any person licensed or otherwise authorized to
22 practice occupational therapy within this state pursuant to subarticle
23 twenty-one of this article; provided, however, that no physician, physi-
24 cian assistant, registered professional nurse, psychologist or occupa-
25 tional therapist may use the titles "licensed clinical social worker" or
26 "licensed master social worker", unless licensed under this subarticle.
27 2. Prevent or prohibit an individual possessing a baccalaureate of
28 social work degree or its equivalent from the performance of activities
29 and services within the scope of practice of licensed master social work
30 as defined in paragraphs (a) and (b) of subdivision one of section nine-
31 teen hundred fifty-one of this subarticle under supervision by a
32 licensed master social worker, a licensed clinical social worker or in
33 accordance with the regulations of the secretary of state.
34 3. Prevent or prohibit a licensed master social worker from the
35 performance of activities and services within the scope of practice of
36 licensed clinical social work as defined in subdivision two of section
37 nineteen hundred fifty-one of this subarticle in a facility setting and
38 under supervision in accordance with the regulations of the secretary of
39 state.
40 4. Prevent or prohibit the performance of activities and services
41 within the scope of practice of licensed master social work as defined
42 in subdivision one of section nineteen hundred fifty-one of this subar-
43 ticle by individuals, churches, schools, teachers, organizations, or
44 not-for-profit businesses which are providing instruction, advice,
45 support, encouragement or information to individuals, families and rela-
46 tional groups.
47 5. Prevent or prohibit the performance of activities and services
48 within the scope of practice of licensed master social work or licensed
49 clinical social work as defined in section nineteen hundred fifty-one of
50 this subarticle by the following:
51 (a) any individual who is credentialed under any law, including attor-
52 neys, rape crisis counselors, credentialed alcoholism and substance
53 abuse counselors whose scope of practice includes the practices defined
54 in section nineteen hundred fifty-one of this subarticle from performing
55 or claiming to perform work authorized by applicable provisions of this
56 article and the mental hygiene law;
S. 1407 320 A. 2107
1 (b) provision of pastoral counseling services by any member of the
2 clergy or christian science practitioner, from providing pastoral coun-
3 selling services within the context of his or her ministerial charge or
4 obligation;
5 (c) students who are enrolled in a baccalaureate of social work or
6 professional graduate level social work program of study, and which are
7 required to perform as part of the field work component of that program,
8 services provided under the supervision of a field work supervisor
9 approved by the program;
10 (d) on the part of a student or trainee who is enrolled in an institu-
11 tion or program registered by the education department or accredited by
12 an accrediting organization acceptable to the education department to
13 provide training in a discipline or profession, other than social work
14 or clinical social work, that is licensed pursuant to this article,
15 where such activities and services are authorized within the definition
16 of the scope of practice of the profession, or discipline in which he or
17 she is being trained as set forth in this article or the secretary of
18 state's regulations, provided that such services are performed under the
19 regular and ongoing supervision of a licensee in the profession or
20 discipline in which he or she is being trained who assumes professional
21 responsibility for the services performed under his or her supervision
22 and that such activities and the provision of such services are a formal
23 part of the professional training program in which he or she is
24 enrolled;
25 (e) any federal, state, county or municipal employee performing clin-
26 ical social work services upon the effective date of this section for
27 the period during which they maintain such employment with such govern-
28 mental unit within the context of such employment and shall be limited
29 to the services provided upon such effective date; and
30 (f) any employee performing clinical social work services on the
31 effective date of this section for the period during which they maintain
32 such employment with such entity within the context of such employment,
33 and shall be limited to the services provided prior to such effective
34 date.
35 § 1957. Special provisions. 1. Any person who is licensed as a certi-
36 fied social worker on the effective date of this subarticle shall be
37 licensed as a licensed master social worker without meeting any addi-
38 tional requirements.
39 2. Any person who possesses a master's of social work degree on the
40 effective date of this section and who has five years of post-graduate
41 social work employment and meets the requirements for a license pursuant
42 to this subarticle, except for examination, shall be licensed as a
43 licensed master social worker.
44 3. Any person who is licensed as a certified social worker on the
45 effective date of this section and who has been authorized pursuant to
46 section three thousand two hundred twenty-one or section four thousand
47 three hundred three of the insurance law shall be licensed as a licensed
48 clinical social worker without meeting any additional requirements.
49 4. Any person who is licensed as a certified social worker on the
50 effective date of this section, but who has not received authorization
51 pursuant to section three thousand two hundred twenty-one or four thou-
52 sand three hundred three of the insurance law, who files with the
53 department of state within one year of the effective date of this
54 section an application pursuant to subdivision two of section nineteen
55 hundred fifty-four of this subarticle, who demonstrates to the satisfac-
56 tion of the department of state that they meet the experience require-
S. 1407 321 A. 2107
1 ments for authorization pursuant to section three thousand two hundred
2 twenty-one or four thousand three hundred three of the insurance law,
3 shall be licensed as a licensed clinical social worker without meeting
4 any further requirements.
5 5. Licensed master social workers and licensed clinical social workers
6 may use accepted classifications of signs, symptoms, dysfunctions and
7 disorders, including, but not limited to, classifications used in the
8 practice setting for the purpose of providing mental health services.
9 § 1958. Boundaries of professional practice. Any individual whose
10 license or authority to practice derives from the provisions of this
11 subarticle shall be prohibited from:
12 1. Prescribing or administering drugs as defined in this article or as
13 a treatment, therapy, or professional service in the practice of his or
14 her profession; or
15 2. Using invasive procedures as a treatment, therapy, or professional
16 service in the practice of his or her profession. For purposes of this
17 subdivision, "invasive procedure" means any procedure in which human
18 tissue is cut, altered, or otherwise infiltrated by mechanical or other
19 means. Invasive procedure includes surgery, lasers, ionizing radiation,
20 therapeutic ultrasound, or electroconvulsive therapy.
21 § 1959. Hospital privileges. Nothing herein contained shall be deemed
22 to authorize, grant, or extend hospital privileges to individuals
23 licensed under this subarticle.
24 § 12. Article 40 of the general business law, as added by section
25 three of this act, is amended by adding a new subarticle 27 to read as
26 follows:
27 SUBARTICLE 27
28 MENTAL HEALTH PRACTITIONERS
29 Section 2350. Introduction.
30 2351. Definitions.
31 2352. Mental health counseling.
32 2353. Marriage and family therapy.
33 2354. Creative arts therapy.
34 2355. Psychoanalysis.
35 2356. State board for mental health practitioners.
36 2357. Boundaries of professional competency.
37 2358. Hospital privileges.
38 2359. Limited permits.
39 2360. Exemptions.
40 2361. Special provisions.
41 § 2350. Introduction. This subarticle applies to the professions of
42 mental health counseling, marriage and family therapy, creative arts
43 therapy and psychoanalysis, and provides for the licensing of such prac-
44 titioners. The general provisions for all professions contained in
45 subarticle one of this article apply to this subarticle.
46 § 2351. Definitions. For purposes of this article, the following terms
47 shall have the following meanings:
48 1. "Board" means the state board for mental health practitioners
49 authorized by section twenty-three hundred fifty-six of this subarticle.
50 2. "Psychotherapy" means the treatment of mental, nervous, emotional,
51 behavioral and addictive disorders, and ailments by the use of both
52 verbal and behavioral methods of intervention in interpersonal relation-
53 ships with the intent of assisting the persons to modify attitudes,
54 thinking, affect, and behavior which are intellectually, socially and
55 emotionally maladaptive.
S. 1407 322 A. 2107
1 § 2352. Mental health counseling. 1. Definition of the practice of
2 mental health counseling. The practice of the profession of mental
3 health counseling is defined as:
4 (a) the evaluation, assessment, amelioration, treatment, modification,
5 or adjustment to a disability, problem, or disorder of behavior, charac-
6 ter, development, emotion, personality or relationships by the use of
7 verbal or behavioral methods with individuals, couples, families or
8 groups in private practice, group, or organized settings; and
9 (b) the use of assessment instruments and mental health counseling and
10 psychotherapy to identify, evaluate and treat dysfunctions and disorders
11 for purposes of providing appropriate mental health counseling services.
12 2. Practice of mental health counseling and use of the titles "mental
13 health counselor" and "licensed mental health counselor". Only a person
14 licensed or exempt under this subarticle shall practice mental health
15 counseling or use the title "mental health counselor". Only a person
16 licensed under this subarticle shall use the title "licensed mental
17 health counselor" or any other designation tending to imply that the
18 person is licensed to practice mental health counseling.
19 3. Requirements for a professional license. To qualify for a license
20 as a "licensed mental health counselor", an applicant shall fulfill the
21 following requirements:
22 (a) Application: File an application with the department of state;
23 (b) Education: Have received an education, including a master's or
24 higher degree in counseling from a program registered by the department
25 of state or determined by the department to be the substantial equiv-
26 alent thereof, in accordance with the regulations of the secretary of
27 state. The graduate coursework shall include, but not be limited to, the
28 following areas:
29 (i) human growth and development;
30 (ii) social and cultural foundations of counseling;
31 (iii) counseling theory and practice and psychopathology;
32 (iv) group dynamics;
33 (v) lifestyle and career development;
34 (vi) assessment and appraisal of individuals, couples and families and
35 groups;
36 (vii) research and program evaluation;
37 (viii) professional orientation and ethics;
38 (ix) foundations of mental health counseling and consultation;
39 (x) clinical instruction; and
40 (xi) completion of a minimum one year supervised internship or practi-
41 cum in mental health counseling;
42 (c) Experience: An applicant shall complete a minimum of three thou-
43 sand hours of post-master's supervised experience relevant to the prac-
44 tice of mental health counseling satisfactory to the board and in
45 accordance with the regulations of the secretary of state;
46 (d) Examination: Pass an examination satisfactory to the board and in
47 accordance with the regulations of the secretary of state;
48 (e) Age: Be at least twenty-one years of age;
49 (f) Character: Be of good moral character as determined by the depart-
50 ment of state; and
51 (g) Fees: Pay a fee of two hundred forty dollars to the department of
52 state for admission to a department conducted examination and for an
53 initial license; a fee of eighty-five dollars for each reexamination; a
54 fee of one hundred seventy-five dollars for an initial license for
55 persons not requiring admission to a department conducted examination
S. 1407 323 A. 2107
1 and a fee of one hundred seventy dollars for each triennial registration
2 period.
3 § 2353. Marriage and family therapy. 1. Definition of the practice of
4 marriage and family therapy. The practice of the profession of marriage
5 and family therapy is defined as:
6 (a) the assessment and treatment of nervous and mental disorders,
7 whether affective, cognitive or behavioral, which results in dysfunc-
8 tional interpersonal family relationships including, but not limited to
9 familial relationships, marital/couple relationships, parent-child
10 relationships, pre-marital and other personal relationships;
11 (b) the use of mental health counseling, psychotherapy and therapeutic
12 techniques to evaluate and treat marital, relational, and family
13 systems, and individuals in relationship to these systems;
14 (c) the use of mental health counseling and psychotherapeutic tech-
15 niques to treat mental, emotional and behavioral disorders and ailments
16 within the context of marital, relational and family systems to prevent
17 and ameliorate dysfunction; and
18 (d) the use of assessment instruments and mental health counseling and
19 psychotherapy to identify and evaluate dysfunctions and disorders for
20 purposes of providing appropriate marriage and family therapy services.
21 2. Practice of marriage and family therapy and use of the titles
22 "marriage and family therapist" and "licensed marriage and family thera-
23 pist". Only a person licensed or exempt under this subarticle shall
24 practice marriage and family therapy or use the title "marriage and
25 family therapist". Only a person licensed under this subarticle shall
26 use the titles "licensed marriage and family therapist", "licensed
27 marriage therapist", "licensed family therapist" or any other desig-
28 nation tending to imply that the person is licensed to practice marriage
29 and family therapy.
30 3. Requirements for a professional license. To qualify for a license
31 as a "licensed marriage and family therapist", an applicant shall
32 fulfill the following requirements:
33 (a) Application: File an application with the department of state;
34 (b) Education: Have received a master's or doctoral degree in marriage
35 and family therapy from a program registered by the department of state,
36 or determined by the department to be the substantial equivalent, in
37 accordance with the regulations of the department of state or a graduate
38 degree in an allied field from a program registered by the department
39 and graduate level coursework determined to be equivalent to that
40 required in a program registered by the department. This coursework
41 shall include, but not be limited to:
42 (i) the study of human development, including individual, child and
43 family development;
44 (ii) psychopathology;
45 (iii) marital and family therapy;
46 (iv) family law;
47 (v) research;
48 (vi) professional ethics; and
49 (vii) a practicum of at least three hundred client contact hours;
50 (c) Experience: The completion of at least one thousand five hundred
51 client contact hours of supervised clinical experience, by persons hold-
52 ing a degree from a master's or doctoral program, or the substantial
53 equivalent, in accordance with the regulations of the secretary of state
54 or the completion of at least one thousand five hundred client hours of
55 supervised post-master's clinical experience in marriage and family
S. 1407 324 A. 2107
1 therapy satisfactory to the department of state in accordance with the
2 regulations of the secretary of state;
3 (d) Examination: Pass an examination satisfactory to the board and in
4 accordance with the regulations of the secretary of state;
5 (e) Age: Be at least twenty-one years of age;
6 (f) Character: Be of good moral character as determined by the depart-
7 ment of state; and
8 (g) Fees: Pay a fee of two hundred forty dollars to the department of
9 state for admission to a department conducted examination and for an
10 initial license; a fee of eighty-five dollars for each reexamination; a
11 fee of one hundred seventy-five dollars for an initial license for
12 persons not requiring admission to a department conducted examination
13 and a fee of one hundred seventy dollars for each triennial registration
14 period.
15 § 2354. Creative arts therapy. 1. Definition of the practice of crea-
16 tive arts therapy. The practice of the profession of creative arts ther-
17 apy is defined as:
18 (a) the assessment, evaluation, and the therapeutic intervention and
19 treatment, which may be either primary, parallel or adjunctive, of
20 mental, emotional, developmental and behavioral disorders through the
21 use of the arts as approved by the department of state; and
22 (b) the use of assessment instruments and mental health counseling and
23 psychotherapy to identify, evaluate and treat dysfunctions and disorders
24 for purposes of providing appropriate creative arts therapy services.
25 2. Practice of creative arts therapy and use of the titles "creative
26 arts therapist" and "licensed creative arts therapist". Only a person
27 licensed or exempt under this subarticle shall practice creative arts
28 therapy or use the title "creative arts therapist". Only a person
29 licensed under this subarticle shall use the title "licensed creative
30 arts therapist" or any other designation tending to imply that the
31 person is licensed to practice creative arts therapy.
32 3. Requirements for a professional license. To qualify for a license
33 as a "licensed creative arts therapist", an applicant shall fulfill the
34 following requirements:
35 (a) Application: File an application with the department of state;
36 (b) Education: Have received an education, including a master's or
37 higher degree in creative arts therapy from a program registered by the
38 department of state or determined by the department to be the substan-
39 tial equivalent thereof, in accordance with the regulations of the
40 secretary of state. The graduate coursework shall include, but not be
41 limited to, the following areas:
42 (i) human growth and development;
43 (ii) theories in therapy;
44 (iii) group dynamics;
45 (iv) assessment and appraisal of individuals and groups;
46 (v) research and program evaluation;
47 (vi) professional orientation and ethics;
48 (vii) foundations of creative arts therapy and psychopathology; and
49 (viii) clinical instruction;
50 (c) Experience: Have completed at least fifteen hundred hours of post-
51 master's supervised experience in one or more creative arts therapies
52 satisfactory to the department of state and in accordance with the regu-
53 lations of the secretary of state;
54 (d) Examination: Pass an examination in creative arts therapy satis-
55 factory to the department of state and in accordance with the regu-
56 lations of the secretary of state;
S. 1407 325 A. 2107
1 (e) Age: Be at least twenty-one years of age;
2 (f) Character: Be of good moral character as determined by the depart-
3 ment of state; and
4 (g) Fees: Pay a fee of two hundred forty dollars to the department of
5 state for admission to a department conducted examination and for an
6 initial license; a fee of eighty-five dollars for each reexamination; a
7 fee of one hundred seventy-five dollars for an initial license for
8 persons not requiring admission to a department conducted examination
9 and a fee of one hundred seventy dollars for each triennial registration
10 period.
11 § 2355. Psychoanalysis. 1. Definition of the practice of psychoanal-
12 ysis. The practice of the profession of psychoanalysis is defined as:
13 (a) the observation, description, evaluation, and interpretation of
14 dynamic unconscious mental processes that contribute to the formation of
15 personality and behavior in order to identify and resolve unconscious
16 psychic problems which affect interpersonal relationships and emotional
17 development, to facilitate changes in personality and behavior through
18 the use of verbal and nonverbal cognitive and emotional communication,
19 and to develop adaptive functioning; and
20 (b) the use of assessment instruments and mental health counseling and
21 psychotherapy to identify, evaluate and treat dysfunctions and disorders
22 for purposes of providing appropriate psychoanalytic services.
23 2. Practice of psychoanalysis and use of the titles "psychoanalyst"
24 and "licensed psychoanalyst". Only a person licensed or exempt under
25 this subarticle shall practice psychoanalysis or use the title "psycho-
26 analyst". Only a person licensed under this subarticle shall use the
27 title "licensed psychoanalyst" or any other designation tending to imply
28 that the person is licensed to practice psychoanalysis.
29 3. Requirements for a professional license. To qualify for a license
30 as a "licensed psychoanalyst", an applicant shall fulfill the following
31 requirements:
32 (a) Application: File an application with the department of state;
33 (b) Education: Have received a master's degree or higher from a
34 degree-granting program registered by the department of state or the
35 substantial equivalent and have completed a program of study registered
36 by the department of state in a psychoanalytic institute chartered by
37 the secretary of state or the substantial equivalent as determined by
38 the department of state. The program of study in a psychoanalytic
39 institute shall include coursework substantially equivalent to course-
40 work required for a master's degree in a health or mental health field
41 of study. The coursework shall include, but not be limited to, the
42 following areas:
43 (i) personality development;
44 (ii) psychoanalytic theory of psychopathology;
45 (iii) psychoanalytic theory of psychodiagnosis;
46 (iv) sociocultural influence on growth and psychopathology;
47 (v) practice technique (including dreams and symbolic processes);
48 (vi) analysis of resistance, transference, and countertransference;
49 (vii) case seminars on clinical practice;
50 (viii) practice in psychopathology and psychodiagnosis;
51 (ix) professional ethics and psychoanalytic research methodology; and
52 (x) a minimum of three hundred hours of personal analysis and one
53 hundred fifty hours of supervised analysis;
54 (c) Experience: Have completed a minimum of fifteen hundred hours of
55 supervised clinical practice satisfactory to the department of state and
56 in accordance with the regulations of the secretary of state;
S. 1407 326 A. 2107
1 (d) Examination: Pass an examination in psychoanalysis satisfactory to
2 the department of state and in accordance with the regulations of the
3 secretary of state;
4 (e) Age: Be at least twenty-one years of age;
5 (f) Character: Be of good moral character as determined by the depart-
6 ment of state; and
7 (g) Fees: Pay a fee of two hundred forty dollars to the department of
8 state for admission to a department conducted examination and for an
9 initial license; a fee of eighty-five dollars for each reexamination; a
10 fee of one hundred seventy-five dollars for an initial license for
11 persons not requiring admission to a department conducted examination
12 and a fee of one hundred seventy dollars for each triennial registration
13 period.
14 § 2356. State board for mental health practitioners. 1. A state board
15 for mental health practitioners shall be appointed by the secretary of
16 state for the purpose of assisting the secretary of state and the
17 department of state on matters of licensing and regulation. The board
18 shall be composed of at least three licensed members from each profes-
19 sion licensed pursuant to this subarticle and at least three public
20 representatives who do not hold interests in the organization, financ-
21 ing, or delivery of mental health services. Additionally, the board
22 shall contain one physician who shall be a psychiatrist. Members of the
23 first board need not be licensed prior to their appointment to the
24 board. The terms of the first appointed members shall be staggered so
25 that five are appointed for three years, five are appointed for four
26 years, and six are appointed for five years. An executive secretary to
27 the board shall be appointed by the secretary of state.
28 2. For the purposes of this subarticle, "board" shall mean the state
29 board for mental health practitioners.
30 § 2357. Boundaries of professional competency. 1. It shall be deemed
31 practicing outside the boundaries of his or her professional competence
32 for a person licensed pursuant to this article, in the case of treatment
33 of any serious mental illness, to provide any mental health service for
34 such illness on a continuous and sustained basis without a medical eval-
35 uation of the illness by, and consultation with, a physician regarding
36 such illness. Such medical evaluation and consultation shall be to
37 determine and advise whether any medical care is indicated for such
38 illness. For purposes of this section, "serious mental illness" means
39 schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
40 sive disorder, panic disorder, obsessive-compulsive disorder, atten-
41 tion-deficit hyperactivity disorder and autism.
42 2. Any individual whose license or authority to practice derives from
43 the provisions of this article shall be prohibited from:
44 (a) prescribing or administering drugs as defined in this article as a
45 treatment, therapy, or professional service in the practice of his or
46 her profession; or
47 (b) using invasive procedures as a treatment, therapy, or professional
48 service in the practice of his or her profession. For purposes of this
49 subdivision, "invasive procedure" means any procedure in which human
50 tissue is cut, altered, or otherwise infiltrated by mechanical or other
51 means. Invasive procedure includes surgery, lasers, ionizing radiation,
52 therapeutic ultrasound, or electroconvulsive therapy.
53 § 2358. Hospital privileges. Nothing herein contained shall be deemed
54 to authorize, grant, or extend hospital privileges to individuals
55 licensed under this article.
S. 1407 327 A. 2107
1 § 2359. Limited permits. The following requirements for a limited
2 permit shall apply to all professions licensed pursuant to this subarti-
3 cle:
4 1. The department of state may issue a limited permit to an applicant
5 whose qualifications have been approved for admission to the examination
6 in accordance with regulations promulgated therefor.
7 2. Limited permits shall be for one year and be renewed, at the
8 discretion of the department of state, for one additional year.
9 3. The fee for each limited permit and for each renewal shall be
10 seventy dollars.
11 § 2360. Exemptions. Nothing contained in this subarticle shall be
12 construed to:
13 1. apply to the practice, conduct, activities, services or use of any
14 title by any person licensed or otherwise authorized to practice medi-
15 cine within the state pursuant to subarticle two of this article or by
16 any person registered to perform services as a physician assistant with-
17 in the state pursuant to subarticle two-B of this article or by any
18 person licensed or otherwise authorized to practice psychology within
19 this state pursuant to subarticle eighteen of this article or by any
20 person licensed or otherwise authorized to practice as a certified
21 social worker within this state pursuant to subarticle nineteen of this
22 article, or by any person licensed or otherwise authorized to practice
23 nursing as a registered professional nurse within this state pursuant to
24 subarticle eight of this article; provided, however, that no physician,
25 physician's assistant, registered professional nurse, psychologist, or
26 certified social worker may use the titles "licensed mental health coun-
27 selor", "licensed marriage and family therapist", "licensed creative
28 arts therapist", or "licensed psychoanalyst", unless licensed under this
29 subarticle;
30 2. prohibit or limit any individual who is credentialed under any law,
31 including attorneys, rape crisis counselors, certified alcoholism coun-
32 selors and certified substance abuse counselors from providing mental
33 health services within their respective established authorities;
34 3. prohibit or limit the practice of a profession licensed pursuant to
35 this subarticle by a student, intern or resident in, and as part of, a
36 supervised educational program in an institution approved by the educa-
37 tion department;
38 4. prohibit or limit the provision of pastoral counseling services by
39 any member of the clergy or Christian Science practitioner, within the
40 context of his or her ministerial charge or obligation;
41 5. prohibit or limit individuals, churches, schools, teachers, organ-
42 izations, or not-for-profit businesses, from providing instruction,
43 advice, support, encouragement, or information to individuals, families,
44 and relational groups; or
45 6. prohibit or limit an occupational therapist from performing work
46 consistent with subarticle twenty-one of this article.
47 § 2361. Special provisions. 1. This section shall apply to all
48 professions licensed pursuant to this subarticle, unless otherwise
49 provided.
50 2. Any nonexempt person practicing a profession to be licensed pursu-
51 ant to this subarticle shall apply for a license of said profession
52 within one year of the effective date of the specified profession.
53 (a) If such person does not meet the requirements for a license estab-
54 lished within this subarticle, such person may meet alternative criteria
55 determined by the department of state to be the substantial equivalent
56 of such criteria.
S. 1407 328 A. 2107
1 (b) If such person meets the requirements for a license established
2 within this subarticle, except for examination, and has been certified
3 or registered by a national certifying or registering body having
4 certification or registration standards acceptable to the secretary of
5 state, the department of state shall license without examination.
6 (c) If such person meets the requirements for a license established
7 within this subarticle, except for examination, and there exists no
8 national certifying or registering body having certification or regis-
9 tration standards acceptable to the secretary of state, the department
10 of state shall license without examination if the applicant submits
11 evidence satisfactory to the department of having been engaged in the
12 practice of the specified profession for at least five of the immediate-
13 ly preceding eight years.
14 3. Any person licensed pursuant to this subarticle may use accepted
15 classifications of signs, symptoms, dysfunctions and disorders, as
16 approved in accordance with regulations promulgated by the department of
17 state, in the practice of such licensed profession.
18 § 13. The opening paragraph of paragraph (e) of subdivision 1 of
19 section 18 of the public health law, as amended by chapter 2 of the laws
20 of 1990, is amended to read as follows:
21 "Patient information" or "information" means any information concern-
22 ing or relating to the examination, health assessment including, but not
23 limited to, a health assessment for insurance and employment purposes or
24 treatment of an identifiable subject maintained or possessed by a health
25 care facility or health care practitioner who has provided or is provid-
26 ing services for assessment of a health condition including, but not
27 limited to, a health assessment for insurance and employment purposes or
28 has treated or is treating such subject, except (i) information and
29 clinical records subject to the provisions of section [23.05 or] 33.13
30 of the mental hygiene law, (ii) personal notes and observations of a
31 health care practitioner, provided that such personal notes and observa-
32 tions are maintained by the practitioner and not disclosed by the prac-
33 titioner to any other person after January first, nineteen hundred
34 eighty-seven, (iii) information maintained by a practitioner, concerning
35 or relating to the prior examination or treatment of a subject received
36 from another practitioner, provided however, that such information may
37 be requested by the subject directly from such other practitioner in
38 accordance with the provisions of this section, and (iv) data disclosed
39 to a practitioner in confidence by other persons on the basis of an
40 express condition that such data would never be disclosed to the subject
41 or other persons, provided that such data has never been disclosed to
42 any other person. If at any time such personal notes and observations or
43 such data is disclosed, it shall be considered patient information for
44 purposes of this section. For purposes of this subdivision, "disclosure
45 to any other person" shall not include disclosures made to practitioners
46 as part of a consultation or referral during the treatment of the
47 subject, to persons reviewing information or records in the ordinary
48 course of ensuring that a provider is in compliance with applicable
49 quality of care, licensure or accreditation standards, to an employee or
50 official of a federal, state or local agency for the sole purpose of
51 conducting an audit in the course of his or her official duties, to the
52 statewide planning and research cooperative system, to other persons
53 pursuant to a court order, to governmental agencies, insurance companies
54 licensed pursuant to the insurance law and other third parties requiring
55 information necessary for payments to be made to or on behalf of
56 patients, to qualified researchers, to the state board for professional
S. 1407 329 A. 2107
1 medical conduct and to the department of state when such board or the
2 department of state requests such information in the exercise of its
3 statutory function, to an insurance carrier insuring, or an attorney
4 consulted by, a health care provider, or to a health maintenance organ-
5 ization certified pursuant to article forty-four of this chapter or
6 licensed pursuant to the insurance law, or to the committee or a court
7 pursuant to the provisions of this section.
8 § 14. Subdivisions 1 and 2 of section 230 of the public health law,
9 subdivision 1 as amended by chapter 537 of the laws of 1998 and subdivi-
10 sion 2 as amended by chapter 37 of the laws of 1992, are amended to read
11 as follows:
12 1. A state board for professional medical conduct is hereby created in
13 the department in matters of professional misconduct as defined in
14 sections [sixty-five hundred thirty and sixty-five hundred thirty-one of
15 the education] one thousand fifty and one thousand fifty-one of the
16 general business law. Its physician members shall be appointed by the
17 commissioner at least eighty-five percent of whom shall be from among
18 nominations submitted by the medical society of the state of New York,
19 the New York state osteopathic society, the New York academy of medi-
20 cine, county medical societies, statewide specialty societies recognized
21 by the council of medical specialty societies, and the hospital associ-
22 ation of New York state. Its lay members shall be appointed by the
23 commissioner with the approval of the governor. The [board of regents]
24 secretary of state shall also appoint twenty percent of the members of
25 the board. Not less than sixty-seven percent of the members appointed by
26 the [board of regents] secretary of state shall be physicians. Not less
27 than eighty-five percent of the physician members appointed by the
28 [board of regents] secretary of state shall be from among nominations
29 submitted by the medical society of the state of New York, the New York
30 state osteopathic society, the New York academy of medicine, county
31 medical societies, statewide medical societies recognized by the council
32 of medical specialty societies, and the hospital association of New York
33 state. Any failure to meet the percentage thresholds stated in this
34 subdivision shall not be grounds for invalidating any action by or on
35 authority of the board for professional medical conduct or a committee
36 or a member thereof. The board for professional medical conduct shall
37 consist of not fewer than eighteen physicians licensed in the state for
38 at least five years, two of whom shall be doctors of osteopathy, not
39 fewer than two of whom shall be physicians who dedicate a significant
40 portion of their practice to the use of non-conventional medical treat-
41 ments who may be nominated by New York state medical associations dedi-
42 cated to the advancement of such treatments, at least one of whom shall
43 have expertise in palliative care, and not fewer than seven lay members.
44 An executive secretary shall be appointed by the chairperson and shall
45 be a licensed physician. Such executive secretary shall not be a member
46 of the board, shall hold office at the pleasure of, and shall have the
47 powers and duties assigned and the annual salary fixed by, the chair-
48 person. The chairperson shall also assign such secretaries or other
49 persons to the board as are necessary.
50 2. Members of such board shall be appointed by the commissioner or the
51 [board of regents] secretary of state for three year terms except that
52 the terms of those first appointed shall be arranged so that as nearly
53 as possible an equal number shall terminate annually. A vacancy occur-
54 ring during a term shall be filled by an appointment by the commissioner
55 or the [board of regents] secretary of state for the unexpired term.
S. 1407 330 A. 2107
1 § 15. Subdivision 6 of section 390.50 of the criminal procedure law,
2 as added by chapter 866 of the laws of 1980 and the closing paragraph as
3 added by chapter 157 of the laws of 1982, is amended to read as follows:
4 6. Professional licensing agencies. Probation departments shall
5 provide a copy of presentence reports prepared in the case of individ-
6 uals who are known to be licensed, certified, or registered, or other-
7 wise authorized to practice pursuant to [title eight of the education
8 law] article forty of the general business law to the state department
9 of health if the [licensee] individual is a physician, a specialist's
10 assistant or a physician's assistant, and to the [state education
11 department] department of state with respect to all other such [licen-
12 sees] individuals. Such reports shall be accumulated and forwarded
13 every three months, shall be in writing, and shall contain the following
14 information:
15 (a) the name of the [licensee] individual and the profession in which
16 licensure is held,
17 (b) the date of the conviction and the nature thereof,
18 (c) the index or other identifying file number.
19 In any such case, the [state] department of state receiving such mate-
20 rial must retain it under the same conditions of confidentiality as
21 apply to the probation department that made it available.
22 § 16. Paragraph 8 of subdivision (c) of section 33.13 of the mental
23 hygiene law, as amended by chapter 229 of the laws of 1990, is amended
24 to read as follows:
25 8. to the state board for professional medical conduct or the office
26 of professional discipline in the department of state or their respec-
27 tive representatives when such persons or entities request such informa-
28 tion in the exercise of their statutory function, power and duties
29 provided, however, that no such information shall be released when it
30 concerns the subject of an inquiry who is also a patient or client,
31 except pursuant to paragraph one of this subdivision.
32 § 17. Subdivisions 2 and 3 of section 97-nnn of the state finance law,
33 as added by section 90 of part A of chapter 436 of the laws of 1997, are
34 amended to read as follows:
35 2. Notwithstanding any other law, rule or regulation to the contrary,
36 the state comptroller is hereby authorized and directed to receive for
37 deposit to the credit of the office of the professions account, payments
38 relating to the responsibilities of the [education] department of state
39 pursuant to [title VIII] article forty of the [education] general busi-
40 ness law, including fees for professional licenses and registration,
41 penalties for professional misconduct, charges for test administration,
42 verification and certification of credentials, and restoration of
43 revoked and annulled licenses and fees related to foreign and out-of-
44 state medical school evaluations and any other related fees and charges
45 as established by [commissioner's] regulations of the secretary of state
46 pursuant to such [title] article.
47 3. Moneys of this account, following appropriation by the legisla-
48 ture, shall be available to the [state education] department of state
49 for services and expenses [of the office of the professions] relating to
50 licensure and disciplining programs pursuant to article forty of the
51 general business law.
52 § 18. Notwithstanding any provision of law to the contrary, effective
53 October 1, 2003, the office of the professions program established by
54 former title VIII of the education law shall be transferred from the
55 state education department to the department of state, and all func-
S. 1407 331 A. 2107
1 tions, powers, duties, obligations and assets relating to such program
2 shall be transferred subject to the provisions of this act.
3 § 19. Transfer of authority, administration and appropriations. 1.
4 The commissioner of education shall provide for the orderly transfer of
5 all matters, records and other items relating to the programs identified
6 in section eighteen of this act. Program and administrative matters
7 relating to such transfer shall be included in a transition plan devel-
8 oped and agreed to by the department of state and the state education
9 department no later than 120 days after the effective date of this act,
10 and approved by the director of the budget. Fiscal and administrative
11 details may be included in a memorandum of understanding to be developed
12 between the department of state and the state education department and
13 subject to the approval of the director of the budget. The commissioner
14 of education and the board of regents are authorized and directed to
15 continue their respective roles, responsibilities and functions until an
16 orderly transition has been completed.
17 2. The director of the budget is hereby authorized to transfer to the
18 department of state funds otherwise appropriated or reappropriated to
19 the education department consistent with the purposes of this act.
20 § 20. Transfers of records. All books, papers, records and property of
21 the program transferred hereby are to be delivered to the department of
22 state at such place and time, and in such manner as the commissioner of
23 the department of state requires.
24 § 21. Continuation of rules and regulations. All rules, regulations,
25 acts, determinations and decisions of the board of regents, the commis-
26 sioner of education and the state education department with respect to
27 the administration of the former title VIII of the education law in
28 force at the time of the transfer shall continue in force and effect as
29 rules, regulations, acts, determinations and decisions of the secretary
30 of state unless identified in the transition plan and agreed to by the
31 department of state and the state education department as remaining
32 under the supervision of the state education department for a stated
33 time.
34 § 22. Completion of unfinished business. Any business or other matter
35 undertaken or commenced by the state education department relating to
36 the functions, powers, duties and obligations hereby transferred and
37 assigned to the department of state and pending on the effective date of
38 such transfer shall be conducted and completed by the department of
39 state in the same manner and under the same terms and conditions and
40 with the same effect as if conducted and completed by the state educa-
41 tion department.
42 § 23. Terms occurring in laws, contracts and other documents. Upon the
43 effective date of the transfer or such alternate dates as shall be iden-
44 tified in the transition plan, whenever the functions, powers, obli-
45 gations, duties and officials relating to the programs hereby trans-
46 ferred and reassigned are referred to or designated in any law, contract
47 or document, such reference or designation shall be deemed to refer to
48 the appropriate functions, powers, obligations, duties and officials in
49 the department of state or of the secretary of state.
50 § 24. Existing rights and remedies preserved. No existing right or
51 remedy of any character shall be lost, impaired or affected by reason of
52 section eighteen of this act.
53 § 25. Subdivision b of section 17-357 of the administrative code of
54 the city of New York, as added by local law 12 of the city of New York
55 for the year 1997, is amended to read as follows:
S. 1407 332 A. 2107
1 b. The provisions of this subchapter shall not apply to a physician
2 licensed under [article one hundred thirty-one of the New York state
3 education] subarticle two of article forty of the New York state general
4 business law.
5 § 26. Subdivision (d) of section 24-718 of the administrative code of
6 the city of New York, as added by local law 92 of the city of New York
7 for the year 1993, is amended to read as follows:
8 (d) Preparation of risk management plan. The risk management plan
9 shall be prepared by one or more of the following persons: an industrial
10 hygienist certified by the American Board of Industrial Hygienists, a
11 professional engineer licensed pursuant to section [7206 of the New York
12 state education] 1656 of the New York state general business law, a
13 safety professional certified by the Board of Certified Safety Profes-
14 sionals, or other qualified person authorized by rule of the commission-
15 er. A plan submitted pursuant to this section shall contain proof satis-
16 factory to the commissioner of the qualifications of the person who
17 prepared such plan.
18 § 27. Paragraph (a) of subdivision 4 of section 117-a of the agricul-
19 ture and markets law, as amended by chapter 205 of the laws of 2000, is
20 amended to read as follows:
21 (a) Any licensed veterinarian of this state including, but not limited
22 to, licensed veterinarians working at municipal facilities which provide
23 dog and cat spaying and neutering services, other than with respect to
24 animals who would not be eligible pursuant to subdivision two-a of this
25 section may participate in the program upon filing with the commissioner
26 an application therefor, on forms prescribed by the commissioner, which
27 application shall certify, in addition to any other information
28 requested by the commissioner, an animal sterilization fee schedule
29 listing the fees charged for spaying and neutering in the normal course
30 of business and for the presurgical immunization of dogs against distem-
31 per, hepatitis, leptospirosis, parvovirus and rabies, or if deemed
32 necessary for the presurgical immunization of cats against feline
33 panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the
34 case may be on the first day of January two thousand one and the first
35 day of January each third year thereafter and the number of spay/neuter
36 procedures done by such facility during such period. Additionally, such
37 licensed veterinarian shall certify that the fees charged for procedures
38 and vaccinations for which reimbursement is sought are equal to or less
39 than the lowest fees charged to a private client for such procedures
40 during the previous year. The veterinarian shall also provide the name
41 of the veterinarian, animal hospital, veterinary clinic or other entity
42 to which such reimbursement is to be made. These fees may vary with the
43 animal's weight, sex and species. The commissioner may, however,
44 disqualify from participation in the program any veterinarian whose fees
45 are deemed unreasonable. Nothing contained in this subdivision shall
46 limit the right of the department of state [education department] to
47 undertake such actions as it may deem necessary to enforce the
48 provisions of [article one hundred thirty-five of the education law]
49 subarticle five of article forty of the general business law.
50 § 28. Paragraph (g) of section 1503 of the business corporation law,
51 as added by chapter 676 of the laws of 2002, is amended to read as
52 follows:
53 (g) The practices of creative arts therapy, marriage and family thera-
54 py, mental health counseling, and psychoanalysis shall not be deemed the
55 same professional service for the purpose of paragraph (a) of this
56 section, notwithstanding that such practices are all licensed under
S. 1407 333 A. 2107
1 [article one hundred sixty-three of the education law] subarticle twen-
2 ty-seven of article forty of the general business law.
3 § 29. Section 1513 of the business corporation law, as amended by
4 chapter 576 of the laws of 1994, is amended to read as follows:
5 § 1513. Business corporation law applicable.
6 This chapter, except article thirteen and article fifteen-A, shall be
7 applicable to a professional service corporation except to the extent
8 that the provisions thereof conflict with this article. A professional
9 service corporation may consolidate or merge only with another corpo-
10 ration organized under this article or authorized to do business in this
11 state under article fifteen-A of this chapter or authorized and regis-
12 tered to practice the same profession pursuant to the applicable
13 provisions of subdivision six of section [seventy-two hundred nine of
14 the education law] sixteen hundred sixty of the general business law or
15 subdivision four of section [seventy-three hundred seven of the educa-
16 tion law] seventeen hundred seven of the general business law, or may be
17 a member of a professional service limited liability company, a foreign
18 professional service limited liability company, a registered limited
19 liability partnership or foreign limited liability partnership, and only
20 if all of the professions practiced by such corporations, limited
21 liability companies or limited liability partnerships could be practiced
22 by a single corporation organized under this article.
23 § 30. Section 1516 of the business corporation law, as amended by
24 chapter 851 of the laws of 1992, is amended to read as follows:
25 § 1516. Corporate mergers, consolidations and other reorganizations.
26 Notwithstanding any inconsistent provision of this article, a profes-
27 sional service corporation, pursuant to the provisions of article nine
28 of this chapter, may be merged or consolidated with another corporation
29 formed pursuant to the provisions of this chapter or with a corporation
30 authorized and registered to practice the same profession pursuant to
31 the applicable provisions of subdivision six of section [seventy-two
32 hundred nine of the education law] sixteen hundred sixty of the general
33 business law (engineer or land surveyor) or subdivision four of section
34 [seventy-three hundred seven of the education law] seventeen hundred
35 seven of the general business law (architect) [of article one hundred
36 forty-five of the education law], or with a foreign corporation, or may
37 be otherwise reorganized, provided that the corporation which survives
38 or which is formed pursuant thereto is a professional service corpo-
39 ration or a foreign professional service corporation practicing the same
40 profession or professions in this state or the state of incorporation
41 or, if one of the original corporations is authorized to practice pursu-
42 ant to the provisions of either subdivision six of section [seven thou-
43 sand two hundred nine] sixteen hundred sixty of the general business law
44 or subdivision four of section [seven thousand three hundred seven]
45 seventeen hundred seven of the general business law, a corporation
46 authorized and registered to practice the same profession pursuant to
47 the applicable provisions of subdivision six of section [seventy-two
48 hundred nine of the education law] sixteen hundred sixty of the general
49 business law (engineer or land surveyor) or subdivision four of section
50 [seventy-three hundred seven of the education law] seventeen hundred
51 seven of the general business law (architect) [of article one hundred
52 forty-five of the education law]. The restrictions on the issuance,
53 transfer or sale of shares of a professional service corporation shall
54 be suspended for a period not exceeding thirty days with respect to any
55 issuance, transfer or sale of shares made pursuant to such merger,
56 consolidation or reorganization, provided that (i) no person who would
S. 1407 334 A. 2107
1 not be eligible to be a shareholder in the absence of this section shall
2 vote the shares of or receive any distribution from such corporation;
3 (ii) after such merger, consolidation or reorganization, any profes-
4 sional service corporation which survives or which is created thereby
5 shall be subject to all of the provisions of this article, and (iii)
6 shares thereafter only may be held by persons who are eligible to
7 receive shares of such professional service corporation or such other
8 corporation authorized and registered to practice the same profession
9 pursuant to the applicable provisions of subdivision six of section
10 [seventy-two hundred nine of the education law] sixteen hundred sixty of
11 the general business law (engineer or land surveyor) or subdivision four
12 of section [seventy-three hundred seven of the education law] seventeen
13 hundred seven of the general business law (architect) [of article one
14 hundred forty-five of the education law], which survives. Nothing herein
15 contained shall be construed as permitting the practice of a profession
16 in this state by a corporation which is not incorporated pursuant to the
17 provisions of this article or authorized to do business in this state
18 pursuant to the provisions of article fifteen-A of this chapter or
19 authorized and registered to practice a profession pursuant to the
20 applicable provisions of article [one hundred forty-five of the educa-
21 tion law] forty of the general business law. For the purposes of this
22 section, other reorganizations shall be limited to those reorganizations
23 defined in paragraph one of subsection (a) of section three hundred
24 sixty-eight of the internal revenue code.
25 § 31. Subdivision (d) of section 4504 of the civil practice law and
26 rules, as added by chapter 987 of the laws of 1971, is amended to read
27 as follows:
28 (d) Proof of negligence; unauthorized practice of medicine. In any
29 action for damages for personal injuries or death against a person not
30 authorized to practice medicine under [article 131 of the education law]
31 subarticle two of article forty of the general business law for any act
32 or acts constituting the practice of medicine, when such act or acts
33 were a competent producing proximate or contributing cause of such inju-
34 ries or death, the fact that such person practiced medicine without
35 being so authorized shall be deemed prima facie evidence of negligence.
36 § 32. The opening paragraph of section 4507 of the civil practice law
37 and rules, as amended by chapter 913 of the laws of 1984, is amended to
38 read as follows:
39 The confidential relations and communications between a psychologist
40 registered under the provisions of [article one hundred fifty-three of
41 the education law] subarticle eighteen of article forty of the general
42 business law and his client are placed on the same basis as those
43 provided by law between attorney and client, and nothing in such article
44 shall be construed to require any such privileged communications to be
45 disclosed.
46 § 33. The opening paragraph of paragraph (a) of section 4508 of the
47 civil practice law and rules, as amended by chapter 96 of the laws of
48 1985, is amended to read as follows:
49 A person duly registered as a certified social worker under the
50 provisions of [article one hundred fifty-four of the education law]
51 subarticle nineteen of article forty of the general business law shall
52 not be required to disclose a communication made by his client to him,
53 or his advice given thereon, in the course of his professional employ-
54 ment, nor shall any clerk, stenographer or other person working for the
55 same employer as the certified social worker or for the certified social
S. 1407 335 A. 2107
1 worker be allowed to disclose any such communication or advice given
2 thereon; except
3 § 34. Section 24-a of the correction law, as amended by chapter 481 of
4 the laws of 1992, is amended to read as follows:
5 § 24-a. Actions against persons rendering health care services at the
6 request of the department; defense and indemnification. The provisions
7 of section seventeen of the public officers law shall apply to any
8 person holding a license to practice a profession pursuant to [article
9 one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-
10 two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
11 ty-seven, one hundred thirty-nine, one hundred forty-one, one hundred
12 forty-three, one hundred fifty-six or one hundred fifty-nine of the
13 education law] subarticle two-a, two-b, three, four, six, seven, eight,
14 ten, eleven, twenty-one, or twenty-three of article forty of the general
15 business law, who is rendering or has rendered professional services
16 authorized under such license while acting at the request of the depart-
17 ment or a facility of the department in providing health care and treat-
18 ment or professional consultation to inmates of state correctional
19 facilities, or to the infant children of inmates while such infants are
20 cared for in facility nurseries pursuant to section six hundred eleven
21 of this chapter, without regard to whether such health care and treat-
22 ment or professional consultation is provided within or without a
23 correctional facility.
24 § 35. Subdivision 3 of section 250.10 of the criminal procedure law,
25 as added by chapter 548 of the laws of 1980, is amended to read as
26 follows:
27 3. When a defendant, pursuant to subdivision two of this section,
28 serves notice of intent to present psychiatric evidence, the district
29 attorney may apply to the court, upon notice to the defendant, for an
30 order directing that the defendant submit to an examination by a psychi-
31 atrist or licensed psychologist as defined in [article one hundred
32 fifty-three of the education law] subarticle eighteen of article forty
33 of the general business law designated by the district attorney. If the
34 application is granted, the psychiatrist or psychologist designated to
35 conduct the examination must notify the district attorney and counsel
36 for the defendant of the time and place of the examination. Defendant
37 has a right to have his counsel present at such examination. The
38 district attorney may also be present. The role of each counsel at such
39 examination is that of an observer, and neither counsel shall be permit-
40 ted to take an active role at the examination.
41 § 36. Paragraph (r) of subdivision 1 of section 330.20 of the criminal
42 procedure law, as added by chapter 548 of the laws of 1980, is amended
43 to read as follows:
44 (r) "Licensed psychologist" means a person who is registered as a
45 psychologist under [article one hundred fifty-three of the education
46 law] subarticle eighteen of article forty of the general business law.
47 § 37. Subdivision 6 of section 730.10 of the criminal procedure law,
48 as renumbered by chapter 629 of the laws of 1974, is amended to read as
49 follows:
50 6. "Certified psychologist" means a person who is registered as a
51 certified psychologist under [article one hundred fifty-three of the
52 education law] subarticle eighteen of article forty of the general busi-
53 ness law.
54 § 38. Paragraph a of subdivision 1 of section 902 of the education
55 law, as amended by chapter 600 of the laws of 2002, is amended to read
56 as follows:
S. 1407 336 A. 2107
1 a. The board of education, and the trustee or board of trustees of
2 each school district, shall employ, at a compensation to be agreed upon
3 by the parties, a competent physician or nurse practitioner to the
4 extent authorized by law and consistent with the written practice agree-
5 ment pursuant to subdivision three of section [six thousand nine hundred
6 two of this chapter] fourteen hundred two of the general business law,
7 to make inspections of pupils attending the public schools in the city
8 or district. The physicians or nurse practitioners so employed shall be
9 duly licensed pursuant to applicable law.
10 § 39. Section 910 of the education law, as amended by chapter 839 of
11 the laws of 1947, is amended to read as follows:
12 § 910. Choice of method of treatment. Whenever affected by the
13 requirements of this article, the teacher, janitor or other person so
14 affected, and in the case of a child, the parent or guardian of such
15 child, shall have the right to determine the form or manner of treatment
16 or remedial care to be prescribed or applied, but the treatment or reme-
17 dial care must be in accordance with and as allowed under the provisions
18 of [article one hundred thirty-one of this chapter] subarticle two of
19 article forty of the general business law.
20 § 40. Subdivisions 1 and 2 of section 547-a of the executive law,
21 subdivision 1 as amended by chapter 474 of the laws of 1996, subdivision
22 2 as amended by chapter 583 of the laws of 1990, are amended to read as
23 follows:
24 1. "Covered drug" shall mean a drug dispensed subject to a legally
25 authorized prescription pursuant to section [sixty-eight hundred ten of
26 the education law] thirteen hundred sixty of the general business law,
27 and insulin, an insulin syringe, or an insulin needle. Such term shall
28 not include: (a) any drug determined by the commissioner of the federal
29 food and drug administration to be ineffective or unsafe; (b) any drug
30 dispensed in a package, or form of dosage or administration, as to which
31 the state commissioner of health finally determines in accordance with
32 the provisions of section five hundred forty-seven-l of this article
33 that a less expensive package, or form of dosage or administration, is
34 available that is pharmaceutically equivalent and equivalent in its
35 therapeutic effect for the general health characteristics of the eligi-
36 ble program participant population; and (c) any device for the aid or
37 correction of vision, or any drug, including vitamins, which is general-
38 ly available without a physician's prescription. For the purpose of this
39 article, except as otherwise provided herein, a covered drug shall be
40 dispensed in quantities no greater than a thirty day supply or one
41 hundred units, whichever is greater. In the case of a drug dispensed in
42 a form of administration other than a tablet or capsule, the maximum
43 allowed quantity shall be a thirty day supply; the panel is authorized
44 to approve exceptions to these limits for specific products following
45 consideration of recommendations from pharmaceutical or medical experts
46 regarding commonly packaged quantities, unusual forms of administration,
47 length of treatment or cost effectiveness. In the case of a drug
48 prescribed pursuant to section thirty-three hundred thirty-two of the
49 public health law to treat one of the conditions that have been enumer-
50 ated by the commissioner of health pursuant to regulation as warranting
51 the prescribing of greater than a thirty day supply, such drug shall be
52 dispensed in quantities not to exceed a three month supply.
53 2. "Provider pharmacy" shall mean a pharmacy registered in the state
54 of New York pursuant to section [sixty-eight hundred eight of the educa-
55 tion law] thirteen hundred thirty-eight of the general business law law
56 or a pharmacy registered in a state bordering the state of New York when
S. 1407 337 A. 2107
1 certified as necessary by the executive director pursuant to section
2 five hundred forty-seven-m of this article, for which an agreement to
3 provide pharmacy services for purposes of this program pursuant to
4 section five hundred forty-seven-i of this article is in effect.
5 § 41. Section 522 of the executive law, as added by chapter 552 of the
6 laws of 1993, is amended to read as follows:
7 § 522. Actions against persons rendering health care services at the
8 request of the division; defense and indemnification. The provisions of
9 section seventeen of the public officers law shall apply to any person
10 holding a license to practice a profession pursuant to [article one
11 hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,
12 one hundred thirty-three, one hundred thirty-six, one hundred thirty-
13 seven, one hundred thirty-nine, one hundred forty-one, one hundred
14 forty-three, one hundred fifty-six or one hundred fifty-nine of the
15 education law] subarticles two, two-b, three, four, six, seven, eight,
16 ten, eleven, twenty-one, and twenty-three of article forty of the gener-
17 al business law, who is rendering or has rendered professional services
18 authorized under such license while acting at the request of the divi-
19 sion or a facility of the division in providing health care and treat-
20 ment or professional consultation to residents of division facilities,
21 or to infants of residents while such infants are cared for in division
22 facilities pursuant to section five hundred sixteen of this article,
23 without regard to whether such health care and treatment or professional
24 consultation is provided within or without a division facility.
25 § 42. Subdivision 3 of section 838 of the executive law, as amended by
26 chapter 708 of the laws of 1983, is amended to read as follows:
27 3. In addition to the foregoing provisions of this section, the county
28 medical examiner or coroner shall cause a dentist authorized to practice
29 pursuant to [article one hundred thirty-three of the education law]
30 subarticle four of article forty of the general business law or a dental
31 student in a registered school of dentistry in this state to carry out a
32 dental examination of the deceased. The medical examiner or coroner
33 shall forward the dental examination records to the division on a form
34 supplied by the division for that purpose.
35 § 43. The opening paragraph of section 182 of the general business
36 law, as added by chapter 731 of the laws of 1952, and such section as
37 renumbered by chapter 893 of the laws of 1958, is amended to read as
38 follows:
39 A nurses' registry shall send out to practice nursing only persons
40 duly licensed pursuant to [article one hundred thirty-nine of the educa-
41 tion law] subarticle eight of article forty of this chapter as a regis-
42 tered professional nurse or licensed practical nurse. Every nurses'
43 registry, before sending a person out to practice nursing, shall inves-
44 tigate such person's educational qualifications and verify such person's
45 licensure and current registration. At least two current written refer-
46 ences shall be required of such person. The record of such investi-
47 gation and verification shall be kept on file in the registry.
48 § 44. Subdivision 4 of section 185 of the general business law, as
49 amended by chapter 998 of the laws of 1960, is amended to read as
50 follows:
51 4. Types of employment. For the purpose of placing a ceiling over the
52 fees charged by persons conducting employment agencies, types of employ-
53 ment shall be classified as follows:
54 Class "A"--domestics, household employees, unskilled or untrained
55 manual workers and laborers, including agricultural workers;
S. 1407 338 A. 2107
1 Class "A1"--non-professional trained or skilled industrial workers or
2 mechanics;
3 Class "B"--commercial, clerical, executive, administrative and profes-
4 sional employment, all employment outside the continental United States,
5 and all other employment not included in classes "A", "A1", "C" and "D";
6 Class "C"--theatrical engagements;
7 Class "D"--nursing engagements as defined in [article one hundred
8 thirty-nine of the education law] subarticle eight of article forty of
9 this chapter.
10 § 45. Subdivision 1 of section 350-b of the general business law, as
11 amended by chapter 159 of the laws of 1991, is amended to read as
12 follows:
13 1. Any person who uses the title "doctor" in making representations
14 for the purpose of inducing, or which are likely to induce, directly or
15 indirectly, the purchase of (a) drugs, devices or cosmetics, as defined
16 in section [sixty-eight hundred two of the education law] thirteen
17 hundred fifty-two of this chapter, or (b) other goods or services
18 intended to diagnose, treat, mitigate, prevent or cure any human
19 disease, pain, injury, deformity, nutritional deficiency or physical
20 condition, or which are intended to appear to the purchaser of such
21 goods or services to have done so, shall conspicuously disclose the
22 profession in which he or she is licensed, except that, where no license
23 is required by the department of education, such person shall conspicu-
24 ously disclose the major subject in which the degree was earned and the
25 name of the institution that issued the degree provided, however, that
26 such person shall be prohibited from using the title "doctor" unless the
27 degree was conferred by an institution of higher education authorized by
28 law to confer doctoral degrees in the state where it is located. For the
29 purposes of this section, "conspicuously" shall mean equally in size,
30 type or prominence and positioned adjacent to the title "doctor". The
31 requirements of this subdivision supplement, and shall not be construed
32 to limit, the obligations of health professionals pursuant to the educa-
33 tion law and regulations thereunder, nor shall they be construed to
34 authorize the practice of any licensed profession nor the offer of
35 professional services by any unlicensed person.
36 § 46. Paragraph e of subdivision 1 of section 406 of the general busi-
37 ness law, as amended by chapter 600 of the laws of 2002, is amended to
38 read as follows:
39 e. Each application shall be accompanied by a certificate of a duly
40 licensed physician, or nurse practitioner to the extent authorized by
41 law and consistent with the written practice agreement pursuant to
42 subdivision three of section [six thousand nine hundred two of the
43 education law] fourteen hundred two of this chapter on a form prescribed
44 by the secretary, showing freedom from any infectious or communicable
45 disease which certificate shall have been issued within thirty days
46 prior to the date of the filing of the application.
47 § 47. Subdivision 13 of section 750-a of the general business law, as
48 added by chapter 526 of the laws of 1992, is amended to read as follows:
49 13. "Veterinarian" means a person licensed to practice the profession
50 of veterinary medicine as defined by section [sixty-seven hundred one of
51 the education law] twelve hundred fifty-one of this chapter.
52 § 48. Subdivisions 2, 6 and 8 of section 789 of the general business
53 law, subdivision 2 as amended by chapter 301 of the laws of 2000, subdi-
54 vision 6 as amended by chapter 133 of the laws of 1999, and subdivision
55 8 as added by chapter 599 of the laws of 1998, are amended to read as
56 follows:
S. 1407 339 A. 2107
1 2. "Audiologist" means an individual who is licensed under [article
2 one hundred fifty-nine of the education law] subarticle twenty-three of
3 article forty of this chapter to evaluate hearing, and hearing and
4 communication disorders and to engage in those practices defined in
5 section [eighty-two hundred three of the education law] twenty-one
6 hundred fifty-three of this chapter.
7 6. "Dispensing of hearing aids" means the act of fitting, selecting,
8 selling, renting, adapting or servicing of hearing aids or any other
9 instrument to compensate for impaired hearing; provided that such term
10 shall include testing of hearing, solely for the purpose of fitting,
11 selecting, selling, distribution, renting, adapting or servicing hearing
12 aids or any instrument to compensate for impaired hearing, the making of
13 impressions, castings and shells and appropriate counseling and
14 instructions pertaining to the selection, adaptation and sale or rental
15 of hearing aids and further provided that such term shall include any
16 tasks, procedures, acts, or practices that are necessary (a) for the
17 non-diagnostic testing of hearing solely for the purpose of fitting a
18 hearing aid; (b) for training in the use of amplification including
19 hearing aids; (c) for the making of ear molds for hearing aids; (d) for
20 the fitting, dispensing, and sale of hearing aids; or (e) for otoscopic
21 observation of solely the ear canal for the purposes of fitting,
22 dispensing or sale of hearing aids; provided, however, that nothing
23 contained in this subdivision shall be deemed to permit the performance
24 of or reference to an otoscopic evaluation for medical diagnosis; and
25 (f) for those other procedures necessary to determine proper amplifi-
26 cation needs and the specific hearing aid which will be of maximum bene-
27 fit to aid or to compensate for the impaired ear. Testing for the
28 purpose of fitting a hearing aid shall include only such tests meeting
29 standards acceptable to the secretary as needed to verify the optimum
30 fitting characteristics and circuitry of any hearing aids or amplifi-
31 cation devices needed and shall not be for the purposes of, make any
32 reference to, or include any medical diagnosis whatsoever. No hearing
33 aid dispenser shall verbally or in writing make a statement or reference
34 to a prospective hearing aid user regarding any medical condition or
35 diagnosis except such communications required pursuant to paragraph (c)
36 of subdivision eight of section seven hundred ninety-eight of this arti-
37 cle. Nothing in this subdivision shall restrict or limit any person
38 licensed under [article one hundred fifty-nine of the education law]
39 subarticle twenty-three of article forty of this chapter from performing
40 any activity authorized thereunder; provided, however, that every such
41 person shall be registered as a hearing aid dispenser pursuant to the
42 requirements of this article in order to dispense hearing aids.
43 8. "Hearing aid dispenser" means any person twenty-one years of age or
44 older or an audiologist licensed under [article one hundred fifty-nine
45 of the education law] subarticle twenty-three of article forty of this
46 chapter who is engaged in the dispensing of hearing aids who is regis-
47 tered and dispensing hearing aids in accordance with this article.
48 § 49. The opening paragraph and paragraph (c) of subdivision 4 of
49 section 790 of the general business law, the opening paragraph as
50 amended and paragraph (c) as added by chapter 301 of the laws of 2000,
51 are amended to read as follows:
52 Upon application to the secretary, a temporary certificate of regis-
53 tration authorized under section seven hundred ninety-five of this arti-
54 cle shall be issued to: (i) individuals who prove to the satisfaction of
55 the secretary that he or she will be supervised and trained by one or
56 more registered hearing aid dispensers for a period of twelve months or
S. 1407 340 A. 2107
1 (ii) individuals who are candidates for licensure under [article one
2 hundred fifty-nine of the education law] subarticle twenty-three of
3 article forty of this chapter, have satisfied the educational require-
4 ment in subdivision two of section [eighty-two hundred six of the educa-
5 tion law] twenty-one hundred fifty-six of this chapter, and are actively
6 engaged in completing the experience requirement in subdivision three of
7 section [eighty-two hundred six of the education law] twenty-one hundred
8 fifty-six of this chapter. A temporary certificate of registration may
9 be renewed only once.
10 (c) A person holding a temporary certificate of registration who is a
11 candidate for licensure under [article one hundred fifty-nine of the
12 education law] subarticle twenty-three of article forty of this chapter
13 shall be exempt from the requirement to complete the course of instruc-
14 tion prescribed by section seven hundred ninety-six of this article.
15 § 50. Subdivisions 1 and 2 of section 794 of the general business law,
16 as amended by chapter 301 of the laws of 2000, are amended to read as
17 follows:
18 1. Prior to the expiration of a certificate of registration and as a
19 condition of renewal, each hearing aid dispenser registered pursuant to
20 subdivision one of section seven hundred ninety of this article shall
21 submit documentation showing successful completion of twenty continuing
22 education credits through a course or courses approved by the secretary
23 in consultation with the advisory board, or, in relation to audiologists
24 licensed pursuant to [article one hundred fifty-nine of the education
25 law] subarticle twenty-three of article forty of this chapter, the
26 office of the professions in the education department. Such formal
27 courses of learning shall include, but not be limited to, collegiate
28 level of credit in non-credit courses, professional development programs
29 and technical sessions offered by national, state and local professional
30 associations and other organizations acceptable to the secretary and any
31 other organized educational and technical programs acceptable to the
32 secretary. The secretary may, in his or her discretion, and as needed to
33 contribute to the health and welfare of the public, require the
34 completion of continuing education courses in specific subjects to
35 fulfill this mandatory continuing education requirement. Courses shall
36 be taken from a sponsor approved by the secretary pursuant to regu-
37 lations promulgated pursuant to this section.
38 2. A hearing aid dispenser registered under paragraph (b) of subdivi-
39 sion one of section seven hundred ninety of this article may satisfy the
40 requirements of subdivision one of this section by demonstrating to the
41 secretary compliance with such continuing competency requirements as are
42 prescribed by [article one hundred fifty-nine of the education law]
43 subarticle twenty-three of article forty of this chapter, provided,
44 however, that, such persons shall submit documentation showing the
45 successful completion of four continuing education credits relating to
46 the dispensing of hearing aids.
47 § 51. Paragraph (a) of subdivision 10 and paragraph (c) of subdivision
48 15 of section 798 of the general business law, paragraph (a) of subdivi-
49 sion 10 as amended by chapter 301 of the laws of 2000, paragraph (c) of
50 subdivision 15 as added by chapter 599 of the laws of 1998, are amended
51 to read as follows:
52 (a) A hearing aid dispenser, not otherwise licensed pursuant to [arti-
53 cle one hundred fifty-nine of the education law] subarticle twenty-three
54 of article forty of this chapter, shall provide any prospective hearing
55 aid users with a copy of their audiogram which shall include puretone
56 (air and bone conduction) and speech audiometry test results, upon
S. 1407 341 A. 2107
1 completion of such audiometric tests. Such audiogram shall clearly and
2 conspicuously contain the following statement: "This information is
3 intended for the sole purpose of fitting or selecting a hearing aid and
4 is not a medical examination or audiological evaluation".
5 (c) except for those hearing aid dispensers licensed as audiologists
6 under [article one hundred fifty-nine of the education law] subarticle
7 twenty-three of article forty of this chapter, no hearing aid dispenser
8 shall, through advertisement, indicate or imply that he or she may
9 perform a hearing test, examination, evaluation or consultation unless
10 he or she includes the statement, "unless administered by an audiologist
11 or physician, this test is for the purpose of amplification only. It is
12 not a medical test."
13 § 52. Paragraph (c) of subdivision 4 of section 130 of the general
14 municipal law, as added by chapter 1208 of the laws of 1971, is amended
15 to read as follows:
16 (c) Teaching hospital shall, for the purposes of this chapter, mean a
17 hospital having a contractual agreement with a medical school, as such
18 medical school is defined [in section sixty-five hundred one of the
19 education law] for the purposes of section one thousand eight of the
20 general business law, for the training of medical students.
21 § 53. Item (i) of subparagraph (B) of paragraph 17 of subsection (i)
22 of section 3216 of the insurance law, as added by chapter 728 of the
23 laws of 1993, is amended to read as follows:
24 (i) an initial hospital check-up and well-child visits scheduled in
25 accordance with the prevailing clinical standards of a national associ-
26 ation of pediatric physicians designated by the commissioner of health
27 (except for any standard that would limit the specialty or forum of
28 licensure of the practitioner providing the service other than the
29 limits under state law). Coverage for such services rendered shall be
30 provided only to the extent that such services are provided by or under
31 the supervision of a physician, or other professional licensed under
32 [article one hundred thirty-nine of the education law] subarticle eight
33 of article forty of the general business law whose scope of practice
34 pursuant to such law includes the authority to provide the specified
35 services. Coverage shall be provided for such services rendered in a
36 hospital, as defined in section twenty-eight hundred one of the public
37 health law, or in an office of a physician or other professional
38 licensed under [article one hundred thirty-nine of the education law]
39 subarticle eight of article forty of the general business law whose
40 scope of practice pursuant to such law includes the authority to provide
41 the specified services;
42 § 54. Subparagraphs (A) and (C) of paragraph 21 of subsection (i) of
43 section 3216 of the insurance law, as added by chapter 426 of the laws
44 of 1997, are amended to read as follows:
45 (A) Every policy which is a "managed care product" as defined in
46 subparagraph (D) of this paragraph that provides coverage for physician
47 services in a physician's office, and every policy which is a "managed
48 care product" that provides major medical or similar comprehensive-type
49 coverage, shall include coverage for chiropractic care, as defined in
50 section [six thousand five hundred fifty-one of the education law] one
51 thousand one hundred fifty-one of the general business law, provided by
52 a doctor of chiropractic licensed pursuant to [article one hundred thir-
53 ty-two of the education law] subarticle three of article forty of the
54 general business law, in connection with the detection or correction by
55 manual or mechanical means of structural imbalance, distortion or sublu-
56 xation in the human body for the purpose of removing nerve interference,
S. 1407 342 A. 2107
1 and the effects thereof, where such interference is the result of or
2 related to distortion, misalignment or subluxation of or in the verte-
3 bral column. However, chiropractic care and services may be subject to
4 reasonable deductible, co-payment and co-insurance amounts, reasonable
5 fee or benefit limits, and reasonable utilization review, provided that
6 any such amounts, limits and review: (a) shall not function to direct
7 treatment in a manner discriminative against chiropractic care, and (b)
8 individually and collectively shall be no more restrictive than those
9 applicable under the same policy to care or services provided by other
10 health professionals in the diagnosis, treatment and management of the
11 same or similar conditions, injuries, complaints, disorders or ailments,
12 even if differing nomenclature is used to describe the condition, inju-
13 ry, complaint, disorder or ailment. Nothing herein contained shall be
14 construed as impeding or preventing either the provision or coverage of
15 chiropractic care and services by duly licensed doctors of chiropractic,
16 within the lawful scope of chiropractic practice, in hospital facilities
17 on a staff or employee basis.
18 (C) Every policy which includes coverage for physician services in a
19 physician's office, and every policy which provides major medical or
20 similar comprehensive-type coverage, other than a "managed care product"
21 as defined in subparagraph (D) of this paragraph, shall provide coverage
22 for chiropractic care, as defined in section [six thousand five hundred
23 fifty-one of the education law] one thousand one hundred fifty-one of
24 the general business law, provided by a doctor of chiropractic licensed
25 pursuant to [article one hundred thirty-two of the education law] subar-
26 ticle three of article forty of the general business law, in connection
27 with the detection or correction by manual or mechanical means of struc-
28 tural imbalance, distortion or subluxation in the human body for the
29 purpose of removing nerve interference, and the effects thereof, where
30 such interference is the result of or related to distortion, misalign-
31 ment or subluxation of or in the vertebral column. However, chiroprac-
32 tic care and services may be subject to reasonable deductible, co-pay-
33 ment and co-insurance amounts, reasonable fee or benefit limits, and
34 reasonable utilization review, provided that any such amounts, limits
35 and review: (a) shall not function to direct treatment in a manner
36 discriminative against chiropractic care, and (b) individually and
37 collectively shall be no more restrictive than those applicable under
38 the same policy to care or services provided by other health profes-
39 sionals in the diagnosis, treatment and management of the same or simi-
40 lar conditions, injuries, complaints, disorders or ailments, even if
41 differing nomenclature is used to describe the condition, injury,
42 complaint, disorder or ailment. Nothing herein contained shall be
43 construed as impeding or preventing either the provision or coverage of
44 chiropractic care and services by duly licensed doctors of chiropractic,
45 within the lawful scope of chiropractic practice, in hospital facilities
46 on a staff or employee basis.
47 § 55. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of
48 section 3221 of the insurance law, as amended by chapter 495 of the laws
49 of 1998, is amended to read as follows:
50 (i) Every group or blanket policy delivered or issued for delivery in
51 this state which provides hospital, surgical or medical coverage shall
52 include coverage for maternity care, including hospital, surgical or
53 medical care to the same extent that coverage is provided for illness or
54 disease under the policy. Such maternity care coverage, other than
55 coverage for perinatal complications, shall include inpatient hospital
56 coverage for mother and newborn for at least forty-eight hours after
S. 1407 343 A. 2107
1 childbirth for any delivery other than a caesarean section, and for at
2 least ninety-six hours after a caesarean section. Such coverage for
3 maternity care shall include the services of a midwife licensed pursuant
4 to [article one hundred forty of the education law] subarticle nine of
5 article forty of the general business law, practicing consistent with a
6 written agreement pursuant to section [sixty-nine hundred fifty-one of
7 the education law] fourteen hundred fifty-one of the general business
8 law and affiliated or practicing in conjunction with a facility licensed
9 pursuant to article twenty-eight of the public health law, but no insur-
10 er shall be required to pay for duplicative routine services actually
11 provided by both a licensed midwife and a physician.
12 § 56. Subparagraphs (A) and (C) of paragraph 11 of subsection (k) of
13 section 3221 of the insurance law, as added by chapter 426 of the laws
14 of 1997, is amended to read as follows:
15 (A) Every policy which is a "managed care product" as defined in
16 subparagraph (D) of this paragraph that includes coverage for physician
17 services in a physician's office, and every policy which is a "managed
18 care product" that provides major medical or similar comprehensive-type
19 coverage shall include coverage for chiropractic care, as defined in
20 section [six thousand five hundred fifty-one of the education law] elev-
21 en hundred fifty-one of the general business law, provided by a doctor
22 of chiropractic licensed pursuant to [article one hundred thirty-two of
23 the education law] subarticle three of article forty of the general
24 business law, in connection with the detection or correction by manual
25 or mechanical means of structural imbalance, distortion or subluxation
26 in the human body for the purpose of removing nerve interference, and
27 the effects thereof, where such interference is the result of or related
28 to distortion, misalignment or subluxation of or in the vertebral
29 column. However, chiropractic care and services may be subject to
30 reasonable deductible, co-payment and co-insurance amounts, reasonable
31 fee or benefit limits, and reasonable utilization review, provided that
32 any such amounts, limits and review: (a) shall not function to direct
33 treatment in a manner discriminative against chiropractic care, and (b)
34 individually and collectively shall be no more restrictive than those
35 applicable under the same policy to care or services provided by other
36 health professionals in the diagnosis, treatment and management of the
37 same or similar conditions, injuries, complaints, disorders or ailments,
38 even if differing nomenclature is used to describe the condition, inju-
39 ry, complaint, disorder or ailment. Nothing herein contained shall be
40 construed as impeding or preventing either the provision or coverage of
41 chiropractic care and services by duly licensed doctors of chiropractic,
42 within the lawful scope of chiropractic practice, in hospital facilities
43 on a staff or employee basis.
44 (C) Every policy which includes coverage for physician services in a
45 physician's office, and every policy which provides major medical or
46 similar comprehensive-type coverage, other than a "managed care product"
47 as defined in subparagraph (D) of this paragraph, shall provide coverage
48 for chiropractic care, as defined in section [six thousand five hundred
49 fifty-one of the education law] eleven hundred fifty-one of the general
50 business law, provided by a doctor of chiropractic licensed pursuant to
51 article [one hundred thirty-two of the education law] subarticle three
52 of article forty of the general business law, in connection with the
53 detection or correction by manual or mechanical means of structural
54 imbalance, distortion or subluxation in the human body for the purpose
55 of removing nerve interference, and the effects thereof, where such
56 interference is the result of or related to distortion, misalignment or
S. 1407 344 A. 2107
1 subluxation of or in the vertebral column. However, chiropractic care
2 and services may be subject to reasonable deductible, co-payment and
3 co-insurance amounts, reasonable fee or benefit limits, and reasonable
4 utilization review, provided that any such amounts, limits and review:
5 (a) shall not function to direct treatment in a manner discriminative
6 against chiropractic care, and (b) individually and collectively shall
7 be no more restrictive [that] than those applicable under the same poli-
8 cy to care or services provided by other health professionals in the
9 diagnosis, treatment and management of the same or similar conditions,
10 injuries, complaints, disorders or ailments, even if differing nomencla-
11 ture is used to describe the condition, injury, complaint, disorder or
12 ailment. Nothing herein contained shall be construed as impeding or
13 preventing either the provision or coverage of chiropractic care and
14 services by duly licensed doctors of chiropractic, within the lawful
15 scope of chiropractic practice, in hospital facilities on a staff or
16 employee basis.
17 § 57. Subparagraph (A) of paragraph 4 of subsection (1) of section
18 3221 of the insurance law, as amended by chapter 21 of the laws of 1990,
19 is amended to read as follows:
20 (A) Every insurer delivering a group policy or issuing a group policy
21 for delivery, in this state, which provides reimbursement for psychiat-
22 ric or psychological services or for the diagnosis and treatment of
23 mental, nervous or emotional disorders and ailments, however defined in
24 such policy, by physicians, psychiatrists or psychologists, must make
25 available and if requested by the policyholder provide the same coverage
26 to insureds for such services when performed by a social worker, within
27 the lawful scope of his practice, who is certified pursuant to [article
28 one hundred fifty-four of the education law] subarticle nineteen of
29 article forty of the general business law and in addition shall have
30 either: three years post degree experience in psychotherapy, which for
31 the purposes of this paragraph shall mean the use of verbal methods in
32 interpersonal relationships with the intent of assisting a person or
33 persons to modify attitudes and behavior which are intellectually,
34 socially or emotionally maladaptive, under supervision, satisfactory to
35 the state board for social work, in a facility, licensed or incorporated
36 by an appropriate governmental department, providing services for diag-
37 nosis or treatment of mental, nervous or emotional disorders or
38 ailments; or three years post degree experience in psychotherapy under
39 the supervision, satisfactory to the state board for social work, of a
40 psychiatrist, a certified and registered psychologist or a social worker
41 qualified for reimbursement. Written notice of the availability of such
42 coverage shall be delivered to the policyholder prior to inception of
43 such group policy and annually thereafter, except that this notice shall
44 not be required where a policy covers two hundred or more employees or
45 where the benefit structure was the subject of collective bargaining
46 affecting persons who are employed in more than one state.
47 § 58. Subparagraph (A) of paragraph 4 of subsection (l) of section
48 3221 of the insurance law, as amended by chapter 420 of the laws of
49 2002, is amended to read as follows:
50 (A) Every insurer delivering a group policy or issuing a group policy
51 for delivery, in this state, which provides reimbursement for psychiat-
52 ric or psychological services or for the diagnosis and treatment of
53 mental, nervous or emotional disorders and ailments, however defined in
54 such policy, by physicians, psychiatrists or psychologists, must make
55 available and if requested by the policyholder provide the same coverage
56 to insureds for such services when performed by a licensed clinical
S. 1407 345 A. 2107
1 social worker, within the lawful scope of his or her practice, who is
2 licensed pursuant to [article one hundred fifty-four of the education
3 law] subarticle nineteen of article forty of the general business law
4 and in addition shall have either: three years post degree experience in
5 psychotherapy, which for the purposes of this paragraph shall mean the
6 use of verbal methods in interpersonal relationships with the intent of
7 assisting a person or persons to modify attitudes and behavior which are
8 intellectually, socially or emotionally maladaptive, under supervision,
9 satisfactory to the state board for social work, in a facility, licensed
10 or incorporated by an appropriate governmental department, providing
11 services for diagnosis or treatment of mental, nervous or emotional
12 disorders or ailments; or three years post degree experience in
13 psychotherapy under the supervision, satisfactory to the state board for
14 social work, of a psychiatrist, a licensed and registered psychologist
15 or a licensed clinical social worker qualified for reimbursement. Writ-
16 ten notice of the availability of such coverage shall be delivered to
17 the policyholder prior to inception of such group policy and annually
18 thereafter, except that this notice shall not be required where a policy
19 covers two hundred or more employees or where the benefit structure was
20 the subject of collective bargaining affecting persons who are employed
21 in more than one state.
22 § 59. Subparagraph (D) of paragraph 4 of subsection (l) of section
23 3221 of the insurance law, as added by chapter 990 of the laws of 1984,
24 is amended to read as follows:
25 (D) In addition to the requirements of subparagraph (A) of this para-
26 graph, every insurer issuing a group policy for delivery in this state
27 which policy provides reimbursement to insureds for psychiatric or
28 psychological services or for the diagnosis and treatment of mental,
29 nervous or emotional disorders and ailments, however defined in such
30 policy, by physicians, psychiatrists or psychologists, must provide the
31 same coverage to insureds for such services when performed by a social
32 worker, within the lawful scope of his or her practice, who is certified
33 pursuant to [article one hundred fifty-four of the education law] subar-
34 ticle nineteen of article forty of the general business law and in addi-
35 tion shall have either (i) six or more years post degree experience in
36 psychotherapy, which for the purposes of this subparagraph shall mean
37 the use of verbal methods in interpersonal relationships with the intent
38 of assisting a person or persons to modify attitudes and behavior which
39 are intellectually, socially or emotionally maladaptive, under super-
40 vision, satisfactory to the state board for social work, in a facility,
41 licensed or incorporated by an appropriate governmental department,
42 providing services for diagnosis or treatment of mental, nervous or
43 emotional disorders or ailments, or (ii) six or more years post degree
44 experience in psychotherapy under the supervision, satisfactory to the
45 state board for social work, of a psychiatrist, a certified and regis-
46 tered psychologist or a social worker qualified for reimbursement pursu-
47 ant to subsection (h) of this section, or (iii) a combination of the
48 experience specified in items (i) and (ii) totaling six years, satisfac-
49 tory to the state board for social work. The state board for social work
50 shall maintain a list of all certified social workers qualified for
51 reimbursement under this subparagraph.
52 § 60. Subparagraph (D) of paragraph 4 of subsection (l) of section
53 3221 of the insurance law, as amended by chapter 420 of the laws of
54 2002, is amended to read as follows:
55 (D) In addition to the requirements of subparagraph (A) of this para-
56 graph, every insurer issuing a group policy for delivery in this state
S. 1407 346 A. 2107
1 which policy provides reimbursement to insureds for psychiatric or
2 psychological services or for the diagnosis and treatment of mental,
3 nervous or emotional disorders and ailments, however defined in such
4 policy, by physicians, psychiatrists or psychologists, must provide the
5 same coverage to insureds for such services when performed by a licensed
6 clinical social worker, within the lawful scope of his or her practice,
7 who is licensed pursuant to [article one hundred fifty-four of the
8 education law] subarticle nineteen of article forty of the general busi-
9 ness law and in addition shall have either (i) six or more years post
10 degree experience in psychotherapy, which for the purposes of this
11 subparagraph shall mean the use of verbal methods in interpersonal
12 relationships with the intent of assisting a person or persons to modify
13 attitudes and behavior which are intellectually, socially or emotionally
14 maladaptive, under supervision, satisfactory to the state board for
15 social work, in a facility, licensed or incorporated by an appropriate
16 governmental department, providing services for diagnosis or treatment
17 of mental, nervous or emotional disorders or ailments, or (ii) six or
18 more years post degree experience in psychotherapy under the super-
19 vision, satisfactory to the state board for social work, of a psychia-
20 trist, a licensed and registered psychologist or a licensed clinical
21 social worker qualified for reimbursement pursuant to subsection (h) of
22 this section, or (iii) a combination of the experience specified in
23 items (i) and (ii) totaling six years, satisfactory to the state board
24 for social work. The state board for social work shall maintain a list
25 of all licensed clinical social workers qualified for reimbursement
26 under this subparagraph.
27 § 61. Item (i) of subparagraph (B) of paragraph 8 of subsection (l) of
28 section 3221 of the insurance law, as amended by chapter 728 of the laws
29 of 1993, is amended to read as follows:
30 (i) an initial hospital check-up and well-child visits scheduled in
31 accordance with the prevailing clinical standards of a national associ-
32 ation of pediatric physicians designated by the commissioner of health
33 (except for any standard that would limit the specialty or forum of
34 licensure of the practitioner providing the service other than the
35 limits under state law). Coverage for such services rendered shall be
36 provided only to the extent that such services are provided by or under
37 the supervision of a physician, or other professional licensed under
38 [article one hundred thirty-nine of the education law] subarticle eight
39 of article forty of the general business law whose scope of practice
40 pursuant to such law includes the authority to provide the specified
41 services. Coverage shall be provided for such services rendered in a
42 hospital, as defined in section twenty-eight hundred one of the public
43 health law, or in an office of a physician or other professional
44 licensed under [article one hundred thirty-nine of the education law]
45 subarticle eight of article forty of the general business law whose
46 scope of practice pursuant to such law includes the authority to provide
47 the specified services;
48 § 62. Subsection (i) of section 4303 of the insurance law, as amended
49 by chapter 21 of the laws of 1990, is amended to read as follows:
50 (i) A medical expense indemnity corporation or health service corpo-
51 ration which provides coverage for physicians, psychiatrists or psychol-
52 ogists for psychiatric or psychological services or for the diagnosis
53 and treatment of mental, nervous or emotional disorders and ailments,
54 however defined in such contract, must make available and if requested
55 by all persons holding individual contracts in a group whose premiums
56 are paid by a remitting agent or by the contract holder in the case of a
S. 1407 347 A. 2107
1 group contract issued pursuant to section four thousand three hundred
2 five of this article, provide the same coverage for such services when
3 performed by a social worker, within the lawful scope of his practice,
4 who is certified pursuant to [article one hundred fifty-four of the
5 education law] subarticle nineteen of article forty of the general busi-
6 ness law and in addition shall have either (1) three years post degree
7 experience in psychotherapy, which for the purposes of this subsection
8 means the use of verbal methods in interpersonal relationships with the
9 intent of assisting a person or persons to modify attitudes and behavior
10 which are intellectually, socially or emotionally maladaptive, under
11 supervision, satisfactory to the state board for social work, in a
12 facility licensed or incorporated by an appropriate governmental depart-
13 ment providing services for diagnosis or treatment of mental, nervous or
14 emotional disorders or ailments, or (2) three years post degree experi-
15 ence in psychotherapy under the supervision, satisfactory to the state
16 board for social work, of a psychiatrist, a certified and registered
17 psychologist or a social worker qualified for reimbursement. The state
18 board for social work shall maintain a list of all certified social
19 workers qualified for reimbursement under this subsection. Such coverage
20 shall be made available at the inception of all new contracts and, with
21 respect to all other contracts, at any anniversary date subject to
22 evidence of insurability. Written notice of the availability of such
23 coverage shall be delivered to the group remitting agent or group
24 contract holder prior to inception of such contract and annually there-
25 after, except that this notice shall not be required where a policy
26 covers two hundred or more employees or where the benefit structure was
27 the subject of collective bargaining affecting persons who are employed
28 in more than one state.
29 § 63. Subsection (i) of section 4303 of the insurance law, as amended
30 by chapter 420 of the laws of 2002, is amended to read as follows:
31 (i) A medical expense indemnity corporation or health service corpo-
32 ration which provides coverage for physicians, psychiatrists or psychol-
33 ogists for psychiatric or psychological services or for the diagnosis
34 and treatment of mental, nervous or emotional disorders and ailments,
35 however defined in such contract, must make available and if requested
36 by all persons holding individual contracts in a group whose premiums
37 are paid by a remitting agent or by the contract holder in the case of a
38 group contract issued pursuant to section four thousand three hundred
39 five of this article, provide the same coverage for such services when
40 performed by a licensed clinical social worker, within the lawful scope
41 of his or her practice, who is licensed pursuant to [article one hundred
42 fifty-four of the education law] subarticle nineteen of article forty of
43 the general business law and in addition shall have either (1) three
44 years post degree experience in psychotherapy, which for the purposes of
45 this subsection means the use of verbal methods in interpersonal
46 relationships with the intent of assisting a person or persons to modify
47 attitudes and behavior which are intellectually, socially or emotionally
48 maladaptive, under supervision, satisfactory to the state board for
49 social work, in a facility licensed or incorporated by an appropriate
50 governmental department providing services for diagnosis or treatment of
51 mental, nervous or emotional disorders or ailments, or (2) three years
52 post degree experience in psychotherapy under the supervision, satisfac-
53 tory to the state board for social work, of a psychiatrist, a licensed
54 and registered psychologist or a licensed clinical social worker quali-
55 fied for reimbursement. The state board for social work shall maintain a
56 list of all licensed clinical social workers qualified for reimbursement
S. 1407 348 A. 2107
1 under this subsection. Such coverage shall be made available at the
2 inception of all new contracts and, with respect to all other contracts,
3 at any anniversary date subject to evidence of insurability. Written
4 notice of the availability of such coverage shall be delivered to the
5 group remitting agent or group contract holder prior to inception of
6 such contract and annually thereafter, except that this notice shall not
7 be required where a policy covers two hundred or more employees or where
8 the benefit structure was the subject of collective bargaining affecting
9 persons who are employed in more than one state.
10 § 64. Paragraph 2 of subsection (j) of section 4303 of the insurance
11 law, as amended by chapter 728 of the laws of 1993, is amended to read
12 as follows:
13 (2) For purposes of this subsection, preventive and primary care
14 services shall mean the following services rendered to a dependent child
15 of a subscriber from the date of birth through the attainment of nine-
16 teen years of age: (i) an initial hospital check-up and well-child
17 visits scheduled in accordance with the prevailing clinical standards of
18 a national association of pediatric physicians designated by the commis-
19 sioner of health (except for any standard that would limit the specialty
20 or forum of licensure of the practitioner providing the service other
21 than the limits under state law). Coverage for such services rendered
22 shall be provided only to the extent that such services are provided by
23 or under the supervision of a physician, or other professional licensed
24 under [article one hundred thirty-nine of the education law] subarticle
25 eight of article forty of the general business law whose scope of prac-
26 tice pursuant to such law includes the authority to provide the speci-
27 fied services. Coverage shall be provided for such services rendered in
28 a hospital, as defined in section twenty-eight hundred one of the public
29 health law, or in an office of a physician or other professional
30 licensed under [article one hundred thirty-nine of the education law]
31 subarticle eight of article forty of the general business law whose
32 scope of practice pursuant to such law includes the authority to provide
33 the specified services, (ii) at each visit, services in accordance with
34 the prevailing clinical standards of such designated association,
35 including a medical history, a complete physical examination, develop-
36 mental assessment, anticipatory guidance, appropriate immunizations and
37 laboratory tests which tests are ordered at the time of the visit and
38 performed in the practitioner's office, as authorized by law, or in a
39 clinical laboratory, and (iii) necessary immunizations as determined by
40 the superintendent in consultation with the commissioner of health
41 consisting of at least adequate dosages of vaccine against diphtheria,
42 pertussis, tetanus, polio, measles, rubella, mumps, haemophilus influen-
43 zae type b and hepatitis b which meet the standards approved by the
44 United States public health service for such biological products. Such
45 coverage shall not be subject to annual deductibles and/or coinsurance.
46 Such coverage shall not restrict or eliminate existing coverage provided
47 by the contract.
48 § 65. Subsection (n) of section 4303 of the insurance law, as added by
49 chapter 990 of the laws of 1984, is amended to read as follows:
50 (n) In addition to the requirements of subsection (i) of this section,
51 every health service or medical expense indemnity corporation issuing a
52 group contract pursuant to this section or a group remittance contract
53 for delivery in this state which contract provides reimbursement to
54 subscribers or physicians, psychiatrists or psychologists for psychiat-
55 ric or psychological services or for the diagnosis and treatment of
56 mental, nervous or emotional disorders and ailments, however defined in
S. 1407 349 A. 2107
1 such contract, must provide the same coverage to persons covered under
2 the group contract for such services when performed by a social worker,
3 within the lawful scope of his or her practice, who is certified pursu-
4 ant to [article one hundred fifty-four of the education law] subarticle
5 nineteen of article forty of the general business law and in addition
6 shall have either (i) six or more years post degree experience in
7 psychotherapy, which for the purposes of this subsection shall mean the
8 use of verbal methods in interpersonal relationships with the intent of
9 assisting a person or persons to modify attitudes and behavior which are
10 intellectually, socially or emotionally maladaptive, under supervision,
11 satisfactory to the state board for social work, in a facility, licensed
12 or incorporated by an appropriate governmental department, providing
13 services for diagnosis or treatment of mental, nervous or emotional
14 disorders or ailments, or (ii) six or more years post degree experience
15 in psychotherapy under the supervision, satisfactory to the state board
16 for social work, of a psychiatrist, a certified and registered psychol-
17 ogist or a social worker qualified for reimbursement pursuant to
18 subsection (i) of this section, or (iii) a combination of the experience
19 specified in paragraphs (i) and (ii) totaling six years, satisfactory to
20 the state board for social work. The state board for social work shall
21 maintain a list of all certified social workers qualified for reimburse-
22 ment under this subsection.
23 § 66. Subsection (n) of section 4303 of the insurance law, as amended
24 by chapter 420 of the laws of 2002, is amended to read as follows:
25 (n) In addition to the requirements of subsection (i) of this section,
26 every health service or medical expense indemnity corporation issuing a
27 group contract pursuant to this section or a group remittance contract
28 for delivery in this state which contract provides reimbursement to
29 subscribers or physicians, psychiatrists or psychologists for psychiat-
30 ric or psychological services or for the diagnosis and treatment of
31 mental, nervous or emotional disorders and ailments, however defined in
32 such contract, must provide the same coverage to persons covered under
33 the group contract for such services when performed by a licensed clin-
34 ical social worker, within the lawful scope of his or her practice, who
35 is licensed pursuant to [article one hundred fifty-four of the education
36 law] subarticle nineteen of article forty of the general business law
37 and in addition shall have either (i) six or more years post degree
38 experience in psychotherapy, which for the purposes of this subsection
39 shall mean the use of verbal methods in interpersonal relationships with
40 the intent of assisting a person or persons to modify attitudes and
41 behavior which are intellectually, socially or emotionally maladaptive,
42 under supervision, satisfactory to the state board for social work, in a
43 facility, licensed or incorporated by an appropriate governmental
44 department, providing services for diagnosis or treatment of mental,
45 nervous or emotional disorders or ailments, or (ii) six or more years
46 post degree experience in psychotherapy under the supervision, satisfac-
47 tory to the state board for social work, of a psychiatrist, a licensed
48 and registered psychologist or a licensed clinical social worker quali-
49 fied for reimbursement pursuant to subsection (i) of this section, or
50 (iii) a combination of the experience specified in paragraphs (i) and
51 (ii) totaling six years, satisfactory to the state board for social
52 work. The state board for social work shall maintain a list of all
53 licensed clinical social workers qualified for reimbursement under this
54 subsection.
S. 1407 350 A. 2107
1 § 67. Paragraphs 1 and 3 of subsection (y) of section 4303 of the
2 insurance law, as added by chapter 426 of the laws of 1997, are amended
3 to read as follows:
4 (1) Every contract issued by a health service corporation or a medical
5 expense indemnity corporation which is a "managed care product" as
6 defined in paragraph four of this subsection that includes coverage for
7 physician services in a physician's office, and every "managed care
8 product" that provides major medical or similar comprehensive-type
9 coverage, shall include coverage for chiropractic care, as defined in
10 section [six thousand five hundred fifty-one of the education law] one
11 thousand one hundred fifty-one of the general business law, provided by
12 a doctor of chiropractic licensed pursuant to [article one hundred thir-
13 ty-two of the education law] subarticle three of article forty of the
14 general business law, in connection with the detection or correction by
15 manual or mechanical means of structural imbalance, distortion or sublu-
16 xation in the human body for the purpose of removing nerve interference,
17 and the effects thereof, where such interference is the result of or
18 related to distortion, misalignment or subluxation of or in the verte-
19 bral column. However, chiropractic care and services may be subject to
20 reasonable deductible, co-payment and co-insurance amounts, reasonable
21 fee or benefit limits, and reasonable utilization review, provided that
22 any such amounts, limits and review: (a) shall not function to direct
23 treatment in a manner discriminative against chiropractic care, and (b)
24 individually and collectively shall be no more restrictive than those
25 applicable under the same policy to care or services provided by other
26 health professionals in the diagnosis, treatment and management of the
27 same or similar conditions, injuries, complaints, disorders or ailments,
28 even if differing nomenclature is used to describe the condition, inju-
29 ry, complaint, disorder or ailment. Nothing herein contained shall be
30 construed as impeding or preventing either the provision or coverage of
31 chiropractic care and services by duly licensed doctors of chiropractic,
32 within the lawful scope of chiropractic practice, in hospital facilities
33 on a staff or employee basis.
34 (3) Every contract issued by a health service corporation or a medical
35 expense indemnity corporation which includes coverage for physician
36 services in a physician's office, and every contract which provides
37 major medical or similar comprehensive-type coverage, other than a
38 "managed care product" as defined in paragraph four of this subsection,
39 shall provide coverage for chiropractic care, as defined in section [six
40 thousand five hundred fifty-one of the education law] one thousand one
41 hundred fifty-one of the general business law, provided by a doctor of
42 chiropractic licensed pursuant to [article one hundred thirty-two of the
43 education law] subarticle three of article forty of the general business
44 law, in connection with the detection or correction by manual or mechan-
45 ical means of structural imbalance, distortion or subluxation in the
46 human body for the purpose of removing nerve interference, and the
47 effects thereof, where such interference is the result of or related to
48 distortion, misalignment or subluxation of or in the vertebral column.
49 However, chiropractic care and services may be subject to reasonable
50 deductible, co-payment and co-insurance amounts, reasonable fee or bene-
51 fit limits, and reasonable utilization review, provided that any such
52 amounts, limits and review: (a) shall not function to direct treatment
53 in a manner discriminative against chiropractic care, and (b) individ-
54 ually and collectively shall be no more restrictive than those applica-
55 ble under the same contract to care or services provided by other health
56 professionals in the diagnosis, treatment and management of the same or
S. 1407 351 A. 2107
1 similar conditions, injuries, complaints, disorders or ailments even if
2 differing nomenclature is used to describe the condition, injury,
3 complaint, disorder or ailment. Nothing herein contained shall be
4 construed as impeding or preventing either the provision or coverage of
5 chiropractic care and services by duly licensed doctors of chiropractic,
6 within the lawful scope of chiropractic practice, in hospital facilities
7 on a staff or employee basis.
8 § 68. The closing paragraph of subdivision 1 of section 240 of the
9 labor law, as amended by chapter 241 of the laws of 1981, is amended to
10 read as follows:
11 No liability pursuant to this subdivision for the failure to provide
12 protection to a person so employed shall be imposed on professional
13 engineers as provided for in [article one hundred forty-five of the
14 education] subarticle thirteen of article forty of the general business
15 law, architects as provided for in [article one hundred forty-seven]
16 subarticle fourteen of article forty of such law or landscape architects
17 as provided for in [article one hundred forty-eight] subarticle fifteen
18 of article forty of such law who do not direct or control the work for
19 activities other than planning and design. This exception shall not
20 diminish or extinguish any liability of professional engineers or archi-
21 tects or landscape architects arising under the common law or any other
22 provision of law.
23 § 69. Subdivision 9 of section 241 of the labor law, as added by chap-
24 ter 241 of the laws of 1981, is amended to read as follows:
25 9. No liability for the non-compliance with any of the provisions of
26 this section shall be imposed on professional engineers as provided for
27 in [article one hundred forty-five of the education] subarticle thirteen
28 of article forty of the general business law, architects as provided for
29 in [article one hundred forty-seven] subarticle fourteen of article
30 forty of such law or landscape architects as provided for in [article
31 one hundred forty-eight] subarticle fifteen of article forty of such law
32 who do not direct or control the work for activities other than planning
33 and design. This exception shall not diminish or extinguish any liabil-
34 ity of professional engineers, architects or landscape architects aris-
35 ing under the common law or any other provision of law.
36 § 70. Subdivision (a) of section 1203 of the limited liability company
37 law, as amended by chapter 643 of the laws of 1995, is amended to read
38 as follows:
39 (a) Notwithstanding the [education] general business law or any other
40 provision of law, one or more professionals each of whom is authorized
41 by law to render a professional service within the state, or one or more
42 professionals, at least one of whom is authorized by law to render a
43 professional service within the state, may form, or cause to be formed,
44 a professional service limited liability company for pecuniary profit
45 under this article for the purpose of rendering the professional service
46 or services as such professionals are authorized to practice. With
47 respect to a professional service limited liability company formed to
48 provide medical services as such services are defined in [article 131 of
49 the education] subarticle 2 of article 40 of the general municipal law,
50 each member of such limited liability company must be licensed pursuant
51 to [article 131 of the education] subarticle 2 of article 40 of the
52 general municipal law to practice medicine in this state. With respect
53 to a professional service limited liability company formed to provide
54 dental services as such services are defined in [article 133 of the
55 education] subarticle 4 of article 40 of the general business law, each
56 member of such limited liability company must be licensed pursuant to
S. 1407 352 A. 2107
1 [article 133 of the education] subarticle 4 of article 40 of the general
2 business law to practice dentistry in this state. With respect to a
3 professional service limited liability company formed to provide veteri-
4 nary services as such services are defined in [article 135 of the educa-
5 tion] subarticle 5 of article 40 of the general business law, each
6 member of such limited liability company shall be licensed pursuant to
7 [article 135 of the education] subarticle 5 of article 40 of the general
8 business law to practice veterinary medicine. With respect to a profes-
9 sional service limited liability company formed to provide professional
10 engineering, land surveying, architectural and/or landscape architec-
11 tural services as such services are defined in [article 145, article 147
12 and article 148 of the education] subarticles 13, 14 and 15 of article
13 40 of the general business law, each member of such limited liability
14 company must be licensed pursuant to [article 145, article 147 and/or
15 article 148 of the education] subarticles 13, 14 and 15 of article 40 of
16 the general business law to practice one or more of such professions in
17 this state. In addition to engaging in such profession or professions,
18 a professional service limited liability company may engage in any other
19 business or activities as to which a limited liability company may be
20 formed under section two hundred one of this chapter. Notwithstanding
21 any other provision of this section, a professional service limited
22 liability company (i) authorized to practice law may only engage in
23 another profession or business or activities or (ii) which is engaged in
24 a profession or other business or activities other than law may only
25 engage in the practice of law, to the extent not prohibited by any other
26 law of this state or any rule adopted by the appropriate appellate divi-
27 sion of the supreme court or the court of appeals.
28 § 71. Subdivision (a) of section 1203 of the limited liability company
29 law, as amended by chapter 420 of the laws of 2002, is amended to read
30 as follows:
31 (a) notwithstanding the [education] general business law or any other
32 provision of law, one or more professionals each of whom is authorized
33 by law to render a professional service within the state, or one or more
34 professionals, at least one of whom is authorized by law to render a
35 professional service within the state, may form, or cause to be formed,
36 a professional service limited liability company for pecuniary profit
37 under this article for the purpose of rendering the professional service
38 or services as such professionals are authorized to practice. With
39 respect to a professional service limited liability company formed to
40 provide medical services as such services are defined in [article 131 of
41 the education] subarticle 2 of article 40 of the general business law,
42 each member of such limited liability company must be licensed pursuant
43 to [article 131 of the education] subarticle 2 of article 40 of the
44 general business law to practice medicine in this state. With respect to
45 a professional service limited liability company formed to provide
46 dental services as such services are defined in [article 133 of the
47 education] subarticle 4 of article 40 of the general business law, each
48 member of such limited liability company must be licensed pursuant to
49 [article 133 of the education] subarticle 4 of article 40 of the general
50 business law to practice dentistry in this state. With respect to a
51 professional service limited liability company formed to provide veteri-
52 nary services as such services are defined in [article 135 of the educa-
53 tion] subarticle 5 of article 40 of the general business law, each
54 member of such limited liability company must be licensed pursuant to
55 [article 135 of the education] subarticle 5 of article 40 of the general
56 business law to practice veterinary medicine in this state. With respect
S. 1407 353 A. 2107
1 to a professional service limited liability company formed to provide
2 professional engineering, land surveying, architectural and/or landscape
3 architectural services as such services are defined in [article 145,
4 article 147 and article 148 of the education] subarticles 13, 14 and 15
5 of article 40 of the general business law, each member of such limited
6 liability company must be licensed pursuant to [article 145, article 147
7 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
8 cle 40 of the general business law to practice one or more of such
9 professions in this state. With respect to a professional service limit-
10 ed liability company formed to provide licensed clinical social work
11 services as such services are defined in [article 154 of the education]
12 subarticle 19 of article 40 of the general business law, each member of
13 such limited liability company shall be licensed pursuant to [article
14 154 of the education] subarticle 19 of article 40 of the general busi-
15 ness law to practice licensed clinical social work in this state. In
16 addition to engaging in such profession or professions, a professional
17 service limited liability company may engage in any other business or
18 activities as to which a limited liability company may be formed under
19 section two hundred one of this chapter. Notwithstanding any other
20 provision of this section, a professional service limited liability
21 company (i) authorized to practice law may only engage in another
22 profession or business or activities or (ii) which is engaged in a
23 profession or other business or activities other than law may only
24 engage in the practice of law, to the extent not prohibited by any other
25 law of this state or any rule adopted by the appropriate appellate divi-
26 sion of the supreme court or the court of appeals.
27 § 72. Subdivision (a) of section 1203 of the limited liability compa-
28 ny law, as amended by chapter 676 of the laws of 2002, is amended to
29 read as follows:
30 (a) Notwithstanding the [education] general business law or any other
31 provision of law, one or more professionals each of whom is authorized
32 by law to render a professional service within the state, or one or more
33 professionals, at least one of whom is authorized by law to render a
34 professional service within the state, may form, or cause to be formed,
35 a professional service limited liability company for pecuniary profit
36 under this article for the purpose of rendering the professional service
37 or services as such professionals are authorized to practice. With
38 respect to a professional service limited liability company formed to
39 provide medical services as such services are defined in [article 131 of
40 the education] subarticle 2 of article 40 of the general business law,
41 each member of such limited liability company must be licensed pursuant
42 to [article 131 of the education] subarticle 2 of article 40 of the
43 general business law to practice medicine in this state. With respect to
44 a professional service limited liability company formed to provide
45 dental services as such services are defined in [article 133 of the
46 education] subarticle 4 of article 40 of the general business law, each
47 member of such limited liability company must be licensed pursuant to
48 [article 133 of the education] subarticle 4 of article 40 of the general
49 business law to practice dentistry in this state. With respect to a
50 professional service limited liability company formed to provide veteri-
51 nary services as such services are defined in [article 135 of the educa-
52 tion] subarticle 5 of article 40 of the general business law, each
53 member of such limited liability company shall be licensed pursuant to
54 [article 135 of the education] subarticle 5 of article 40 of the general
55 business law to practice veterinary medicine. With respect to a profes-
56 sional service limited liability company formed to provide professional
S. 1407 354 A. 2107
1 engineering, land surveying, architectural and/or landscape architec-
2 tural services as such services are defined in [article 145, article 147
3 and article 148 of the education] subarticles 13, 14 and 15 of article
4 40 of the general business law, each member of such limited liability
5 company must be licensed pursuant to [article 145, article 147 and/or
6 article 148 of the education] subarticles 13, 14 and 15 of article 40 of
7 the general business law to practice one or more of such professions in
8 this state. With respect to a professional service limited liability
9 company formed to provide creative arts therapy services as such
10 services are defined in [article 163 of the education] subarticle 27 of
11 article 40 of the general business law, each member of such limited
12 liability company must be licensed pursuant to [article 163 of the
13 education] subarticle 27 of article 40 of the general business law to
14 practice creative arts therapy in this state. With respect to a profes-
15 sional service limited liability company formed to provide marriage and
16 family therapy services as such services are defined in [article 163 of
17 the education] subarticle 27 of article 40 of the general business law,
18 each member of such limited liability company must be licensed pursuant
19 to [article 163 of the education] subarticle 27 of article 40 of the
20 general business law to practice marriage and family therapy in this
21 state. With respect to a professional service limited liability company
22 formed to provide mental health counseling services as such services are
23 defined in [article 163 of the education] subarticle 27 of article 40 of
24 the general business law, each member of such limited liability company
25 must be licensed pursuant to [article 163 of the education] subarticle
26 27 of article 40 of the general business law to practice mental health
27 counseling in this state. With respect to a professional service limited
28 liability company formed to provide psychoanalysis services as such
29 services are defined in [article 163 of the education] subarticle 27 of
30 article 40 of the general business law, each member of such limited
31 liability company must be licensed pursuant to [article 163 of the
32 education] subarticle 27 of article 40 of the general business law to
33 practice psychoanalysis in this state. In addition to engaging in such
34 profession or professions, a professional service limited liability
35 company may engage in any other business or activities as to which a
36 limited liability company may be formed under section two hundred one of
37 this chapter. Notwithstanding any other provision of this section, a
38 professional service limited liability company (i) authorized to prac-
39 tice law may only engage in another profession or business or activities
40 or (ii) which is engaged in a profession or other business or activities
41 other than law may only engage in the practice of law, to the extent not
42 prohibited by any other law of this state or any rule adopted by the
43 appropriate appellate division of the supreme court or the court of
44 appeals.
45 § 73. Subdivision (a) of section 1203 of the limited liability company
46 law, as separately amended by chapters 420 and 676 of the laws of 2002,
47 is amended to read as follows:
48 (a) notwithstanding the [education] general business law or any other
49 provision of law, one or more professionals each of whom is authorized
50 by law to render a professional service within the state, or one or more
51 professionals, at least one of whom is authorized by law to render a
52 professional service within the state, may form, or cause to be formed,
53 a professional service limited liability company for pecuniary profit
54 under this article for the purpose of rendering the professional service
55 or services as such professionals are authorized to practice. With
56 respect to a professional service limited liability company formed to
S. 1407 355 A. 2107
1 provide medical services as such services are defined in [article 131 of
2 the education] subarticle 2 of article 40 of the general business law,
3 each member of such limited liability company must be licensed pursuant
4 to [article 131 of the education] subarticle 2 of article 40 of the
5 general business law to practice medicine in this state. With respect to
6 a professional service limited liability company formed to provide
7 dental services as such services are defined in [article 133 of the
8 education] subarticle 4 of article 40 of the general business law, each
9 member of such limited liability company must be licensed pursuant to
10 [article 133 of the education] subarticle 4 of article 40 of the general
11 business law to practice dentistry in this state. With respect to a
12 professional service limited liability company formed to provide veteri-
13 nary services as such services are defined in [article 135 of the educa-
14 tion] subarticle 5 of article 40 of the general business law, each
15 member of such limited liability company must be licensed pursuant to
16 [article 135 of the education] subarticle 5 of article 40 of the general
17 business law to practice veterinary medicine in this state. With respect
18 to a professional service limited liability company formed to provide
19 professional engineering, land surveying, architectural and/or landscape
20 architectural services as such services are defined in [article 145,
21 article 147 and article 148 of the education] subarticles 13, 14 and 15
22 of article 40 of the general business law, each member of such limited
23 liability company must be licensed pursuant to [article 145, article 147
24 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
25 cle 40 of the general business law to practice one or more of such
26 professions in this state. With respect to a professional service limit-
27 ed liability company formed to provide licensed clinical social work
28 services as such services are defined in [article 154 of the education]
29 subarticle 19 of article 40 of the general business law, each member of
30 such limited liability company shall be licensed pursuant to [article
31 154 of the education] subarticle 19 of article 40 of the general busi-
32 ness law to practice licensed clinical social work in this state. With
33 respect to a professional service limited liability company formed to
34 provide creative arts therapy services as such services are defined in
35 [article 163 of the education] subarticle 27 of article 40 of the gener-
36 al business law, each member of such limited liability company must be
37 licensed pursuant to [article 163 of the education] subarticle 27 of
38 article 40 of the general business law to practice creative arts therapy
39 in this state. With respect to a professional service limited liability
40 company formed to provide marriage and family therapy services as such
41 services are defined in [article 163 of the education] subarticle 27 of
42 article 40 of the general business law, each member of such limited
43 liability company must be licensed pursuant to [article 163 of the
44 education] subarticle 27 of article 40 of the general business law to
45 practice marriage and family therapy in this state. With respect to a
46 professional service limited liability company formed to provide mental
47 health counseling services as such services are defined in [article 163
48 of the education] subarticle 27 of article 40 of the general business
49 law, each member of such limited liability company must be licensed
50 pursuant to [article 163 of the education] subarticle 27 of article 40
51 of the general business law to practice mental health counseling in this
52 state. With respect to a professional service limited liability company
53 formed to provide psychoanalysis services as such services are defined
54 in [article 163 of the education] subarticle 27 of article 40 of the
55 general business law, each member of such limited liability company must
56 be licensed pursuant to [article 163 of the education] subarticle 27 of
S. 1407 356 A. 2107
1 article 40 of the general business law to practice psychoanalysis in
2 this state. In addition to engaging in such profession or professions,
3 a professional service limited liability company may engage in any other
4 business or activities as to which a limited liability company may be
5 formed under section two hundred one of this chapter. Notwithstanding
6 any other provision of this section, a professional service limited
7 liability company (i) authorized to practice law may only engage in
8 another profession or business or activities or (ii) which is engaged in
9 a profession or other business or activities other than law may only
10 engage in the practice of law, to the extent not prohibited by any other
11 law of this state or any rule adopted by the appropriate appellate divi-
12 sion of the supreme court or the court of appeals.
13 § 74. Subdivision (b) of section 1207 of the limited liability company
14 law, as amended by chapter 170 of the laws of 1996, is amended to read
15 as follows:
16 (b) With respect to a professional service limited liability company
17 formed to provide medical services as such services are defined in
18 [article 131 of the education] subarticle 2 of article 40 of the general
19 business law, each member of such limited liability company must be
20 licensed pursuant to [article 131 of the education] subarticle 2 of
21 article 40 of the general business law to practice medicine in this
22 state. With respect to a professional service limited liability company
23 formed to provide dental services as such services are defined in [arti-
24 cle 133 of the education] subarticle 4 of article 40 of the general
25 business law, each member of such limited liability company must be
26 licensed pursuant to [article 133 of the education] subarticle 4 of
27 article 40 of the general business law to practice dentistry in this
28 state. With respect to a professional service limited liability company
29 formed to provide veterinary services as such services are defined in
30 [article 135 of the education] subarticle 5 of article 40 of the general
31 business law, each member of such limited liability company must be
32 licensed pursuant to [article 135 of the education] subarticle 5 of
33 article 40 of the general business law to practice veterinary medicine
34 in this state. With respect to a professional service limited liability
35 company formed to provide professional engineering, land surveying,
36 architectural and/or landscape architectural services as such services
37 are defined in [article 145, article 147 and article 148 of the educa-
38 tion] subarticles 13, 14 and 15 of article 40 of the general business
39 law, each member of such limited liability company must be licensed
40 pursuant to [article 145, article 147 and/or article 148 of the educa-
41 tion] subarticles 13, 14 and 15 of article 40 of the general business
42 law to practice one or more of such professions in this state.
43 § 75. Subdivision (b) of section 1207 of the limited liability company
44 law, as amended by chapter 420 of the laws of 2002, is amended to read
45 as follows:
46 (b) with respect to a professional service limited liability company
47 formed to provide medical services as such services are defined in
48 [article 131 of the education] subarticle 2 of article 40 of the general
49 business law, each member of such limited liability company must be
50 licensed pursuant to [article 131 of the education] subarticle 2 of
51 article 40 of the general business law to practice medicine in this
52 state. With respect to a professional service limited liability company
53 formed to provide dental services as such services are defined in [arti-
54 cle 133 of the education] subarticle 4 of article 40 of the general
55 business law, each member of such limited liability company must be
56 licensed pursuant to [article 133 of the education] subarticle 4 of
S. 1407 357 A. 2107
1 article 40 of the general business law to practice dentistry in this
2 state. With respect to a professional service limited liability company
3 formed to provide veterinary services as such services are defined in
4 [article 135 of the education] subarticle 5 of article 40 of the general
5 business law, each member of such limited liability company must be
6 licensed pursuant to [article 135 of the education] subarticle 5 of
7 article 40 of the general business law to practice veterinary medicine
8 in this state. With respect to a professional service limited liability
9 company formed to provide professional engineering, land surveying,
10 architectural and/or landscape architectural services as such services
11 are defined in [article 145, article 147 and article 148 of the educa-
12 tion] subarticles 13, 14 and 15 of article 40 of the general business
13 law, each member of such limited liability company must be licensed
14 pursuant to [article 145, article 147 and/or article 148 of the educa-
15 tion] subarticles 13, 14 and 15 of article 40 of the general business
16 law to practice one or more of such professions in this state. With
17 respect to a professional service limited liability company formed to
18 provide licensed clinical social work services as such services are
19 defined in [article 154 of the education] subarticle 19 of article 40 of
20 the general business law, each member of such limited liability company
21 shall be licensed pursuant to [article 154 of the education] subarticle
22 19 of article 40 of the general business law to practice licensed clin-
23 ical social work in this state.
24 § 76. Subdivision (b) of section 1207 of the limited liability company
25 law, as amended by chapter 676 of the laws of 2002, is amended to read
26 as follows:
27 (b) With respect to a professional service limited liability company
28 formed to provide medical services as such services are defined in
29 [article 131 of the education] subarticle 2 of article 40 of the general
30 business law, each member of such limited liability company must be
31 licensed pursuant to [article 131 of the education] subarticle 2 of
32 article 40 of the general business law to practice medicine in this
33 state. With respect to a professional service limited liability company
34 formed to provide dental services as such services are defined in [arti-
35 cle 133 of the education] subarticle 4 of article 40 of the general
36 business law, each member of such limited liability company must be
37 licensed pursuant to [article 133 of the education] subarticle 4 of
38 article 40 of the general business law to practice dentistry in this
39 state. With respect to a professional service limited liability company
40 formed to provide veterinary services as such services are defined in
41 [article 135 of the education] subarticle 5 of article 40 of the general
42 business law, each member of such limited liability company must be
43 licensed pursuant to [article 135 of the education] subarticle 5 of
44 article 40 of the general business law to practice veterinary medicine
45 in this state. With respect to a professional service limited liability
46 company formed to provide professional engineering, land surveying,
47 architectural and/or landscape architectural services as such services
48 are defined in [article 145, article 147 and article 148 of the educa-
49 tion] subarticles 13, 14 and 15 of article 40 of the general business
50 law, each member of such limited liability company must be licensed
51 pursuant to [article 145, article 147 and/or article 148 of the educa-
52 tion] subarticles 13, 14 and 15 of article 40 of the general business
53 law to practice one or more of such professions in this state. With
54 respect to a professional service limited liability company formed to
55 provide creative arts therapy services as such services are defined in
56 [article 163 of the education] subarticle 27 of article 40 of the gener-
S. 1407 358 A. 2107
1 al business law, each member of such limited liability company must be
2 licensed pursuant to [article 163 of the education] subarticle 27 of
3 article 40 of the general business law to practice creative arts therapy
4 in this state. With respect to a professional service limited liability
5 company formed to provide marriage and family therapy services as such
6 services are defined in [article 163 of the education] subarticle 27 of
7 article 40 of the general business law, each member of such limited
8 liability company must be licensed pursuant to [article 163 of the
9 education] subarticle twenty-seven of the general business law to prac-
10 tice marriage and family therapy in this state. With respect to a
11 professional service limited liability company formed to provide mental
12 health counseling services as such services are defined in [article 163
13 of the education] subarticle 27 of article 40 of the general business
14 law, each member of such limited liability company must be licensed
15 pursuant to [article 163 of the education] subarticle 27 of article 40
16 of the general business law to practice mental health counseling in this
17 state. With respect to a professional service limited liability company
18 formed to provide psychoanalysis services as such services are defined
19 in [article 163 of the education] subarticle 27 of article 40 of the
20 general business law, each member of such limited liability company must
21 be licensed pursuant to [article 163 of the education] subarticle 27 of
22 article 40 of the general business law to practice psychoanalysis in
23 this state.
24 § 77. Subdivision (b) of section 1207 of the limited liability company
25 law, as separately amended by chapters 420 and 676 of the laws of 2002,
26 is amended to read as follows:
27 (b) with respect to a professional service limited liability company
28 formed to provide medical services as such services are defined in
29 [article 131 of the education] subarticle 2 of article 40 of the general
30 business law, each member of such limited liability company must be
31 licensed pursuant to [article 131 of the education] subarticle 2 of
32 article 40 of the general business law to practice medicine in this
33 state. With respect to a professional service limited liability company
34 formed to provide dental services as such services are defined in [arti-
35 cle 133 of the education] subarticle 4 of article 40 of the general
36 business law, each member of such limited liability company must be
37 licensed pursuant to [article 133 of the education] subarticle 4 of
38 article 40 of the general business law to practice dentistry in this
39 state. With respect to a professional service limited liability company
40 formed to provide veterinary services as such services are defined in
41 [article 135 of the education] subarticle 5 of article 40 of the general
42 business law, each member of such limited liability company must be
43 licensed pursuant to [article 135 of the education] subarticle 5 of
44 article 40 of the general business law to practice veterinary medicine
45 in this state. With respect to a professional service limited liability
46 company formed to provide professional engineering, land surveying,
47 architectural and/or landscape architectural services as such services
48 are defined in [article 145, article 147 and article 148 of the educa-
49 tion] subarticles 13, 14 and 15 of article 40 of the general business
50 law, each member of such limited liability company must be licensed
51 pursuant to [article 145, article 147 and/or article 148 of the educa-
52 tion] subarticles 13, 14 and 15 of article 40 of the general business
53 law to practice one or more of such professions in this state. With
54 respect to a professional service limited liability company formed to
55 provide licensed clinical social work services as such services are
56 defined in [article 154 of the education] subarticle 19 of article 40 of
S. 1407 359 A. 2107
1 the general business law, each member of such limited liability company
2 shall be licensed pursuant to [article 154 of the education] subarticle
3 19 of article 40 of the general business law to practice licensed clin-
4 ical social work in this state. With respect to a professional service
5 limited liability company formed to provide creative arts therapy
6 services as such services are defined in [article 163 of the education]
7 subarticle 27 of article 40 of the general business law, each member of
8 such limited liability company must be licensed pursuant to [article 163
9 of the education] subarticle 27 of article 40 of the general business
10 law to practice creative arts therapy in this state. With respect to a
11 professional service limited liability company formed to provide
12 marriage and family therapy services as such services are defined in
13 [article 163 of the education] subarticle 27 of article 40 of the gener-
14 al business law, each member of such limited liability company must be
15 licensed pursuant to [article 163 of the education] subarticle 27 of
16 article 40 of the general business law to practice marriage and family
17 therapy in this state. With respect to a professional service limited
18 liability company formed to provide mental health counseling services as
19 such services are defined in [article 163 of the education] subarticle
20 27 of article 40 of the general business law, each member of such limit-
21 ed liability company must be licensed pursuant to [article 163 of the
22 education] subarticle 27 of article 40 of the general business law to
23 practice mental health counseling in this state. With respect to a
24 professional service limited liability company formed to provide psycho-
25 analysis services as such services are defined in [article 163 of the
26 education] subarticle 27 of article 40 of the general business law, each
27 member of such limited liability company must be licensed pursuant to
28 [article 163 of the education] subarticle 27 of article 40 of the gener-
29 al business law to practice psychoanalysis in this state.
30 § 78. Subdivision (a) of section 1301 of the limited liability company
31 law, as amended by chapter 643 of the laws of 1995, is amended to read
32 as follows:
33 (a) "Foreign professional service limited liability company" means a
34 professional service limited liability company, whether or not denomi-
35 nated as such, organized under the laws of a jurisdiction other than
36 this state, (i) each of whose members and managers, if any, is a profes-
37 sional authorized by law to render a professional service within this
38 state and who is or has been engaged in the practice of such profession
39 in such professional service limited liability company or a predecessor
40 entity, or will engage in the practice of such profession in the profes-
41 sional service limited liability company within thirty days of the date
42 such professional becomes a member, or each of whose members and manag-
43 ers, if any, is a professional at least one of such members is author-
44 ized by law to render a professional service within this state and who
45 is or has been engaged in the practice of such profession in such
46 professional service limited liability company or a predecessor entity,
47 or will engage in the practice of such profession in the professional
48 service limited liability company within thirty days of the date such
49 professional becomes a member, or (ii) authorized by, or holding a
50 license, certificate, registration or permit issued by the licensing
51 authority pursuant to, the [education] general business law to render a
52 professional service within this state; except that all members and
53 managers, if any, of a foreign professional service limited liability
54 company that provides health services in this state shall be licensed in
55 this state. With respect to a foreign professional service limited
56 liability company which provides veterinary services as such services
S. 1407 360 A. 2107
1 are defined in [article 135 of the education] subarticle 5 of article 40
2 of the general business law, each member of such foreign professional
3 service limited liability company shall be licensed pursuant to [article
4 135 of the education] subarticle 5 of article 40 of the general business
5 law to practice veterinary medicine. With respect to a foreign profes-
6 sional service limited liability company which provides medical services
7 as such services are defined in [article 131 of the education] subarti-
8 cle 2 of article 40 of the general business law, each member of such
9 foreign professional service limited liability company must be licensed
10 pursuant to [article 131 of the education] subarticle 2 of article 40 of
11 the general business law to practice medicine in this state. With
12 respect to a foreign professional service limited liability company
13 which provides dental services as such services are defined in [article
14 133 of the education] subarticle 4 of article 40 of the general business
15 law, each member of such foreign professional service limited liability
16 company must be licensed pursuant to [article 133 of the education]
17 subarticle 4 of article 40 of the general business law to practice
18 dentistry in this state. With respect to a foreign professional service
19 limited liability company which provides professional engineering, land
20 surveying, architectural and/or landscape architectural services as such
21 services are defined in [article 145, article 147 and article 148 of the
22 education] subarticles 13, 14 and 15 of article 40 of the general busi-
23 ness law, each member of such foreign professional service limited
24 liability company must be licensed pursuant to [article 145, article 147
25 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
26 cle 40 of the general business law to practice one or more of such
27 professions in this state.
28 § 79. Subdivision (a) of section 1301 of the limited liability company
29 law, as amended by chapter 420 of the laws of 2002, is amended to read
30 as follows:
31 (a) "Foreign professional service limited liability company" means a
32 professional service limited liability company, whether or not denomi-
33 nated as such, organized under the laws of a jurisdiction other than
34 this state, (i) each of whose members and managers, if any, is a profes-
35 sional authorized by law to render a professional service within this
36 state and who is or has been engaged in the practice of such profession
37 in such professional service limited liability company or a predecessor
38 entity, or will engage in the practice of such profession in the profes-
39 sional service limited liability company within thirty days of the date
40 such professional becomes a member, or each of whose members and manag-
41 ers, if any, is a professional at least one of such members is author-
42 ized by law to render a professional service within this state and who
43 is or has been engaged in the practice of such profession in such
44 professional service limited liability company or a predecessor entity,
45 or will engage in the practice of such profession in the professional
46 service limited liability company within thirty days of the date such
47 professional becomes a member, or (ii) authorized by, or holding a
48 license, certificate, registration or permit issued by the licensing
49 authority pursuant to, the [education] general business law to render a
50 professional service within this state; except that all members and
51 managers, if any, of a foreign professional service limited liability
52 company that provides health services in this state shall be licensed in
53 this state. With respect to a foreign professional service limited
54 liability company which provides veterinary services as such services
55 are defined in [article 135 of the education] subarticle 5 of article 40
56 of the general business law, each member of such foreign professional
S. 1407 361 A. 2107
1 service limited liability company shall be licensed pursuant to [article
2 135 of the education] subarticle 5 of article 40 of the general business
3 law to practice veterinary medicine. With respect to a foreign profes-
4 sional service limited liability company which provides medical services
5 as such services are defined in [article 131 of the education] subarti-
6 cle 2 of article 40 of the general business law, each member of such
7 foreign professional service limited liability company must be licensed
8 pursuant to [article 131 of the education] subarticle 2 of article 40 of
9 the general business law to practice medicine in this state. With
10 respect to a foreign professional service limited liability company
11 which provides dental services as such services are defined in [article
12 133 of the education] subarticle 4 of article 40 of the general business
13 law, each member of such foreign professional service limited liability
14 company must be licensed pursuant to [article 133 of the education]
15 subarticle 4 of article 40 of the general business law to practice
16 dentistry in this state. With respect to a foreign professional service
17 limited liability company which provides professional engineering, land
18 surveying, architectural and/or landscape architectural services as such
19 services are defined in [article 145, article 147 and article 148 of the
20 education] subarticles 13, 14 and 15 of article 40 of the general busi-
21 ness law, each member of such foreign professional service limited
22 liability company must be licensed pursuant to [article 145, article 147
23 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
24 cle 40 of the general business law to practice one or more of such
25 professions in this state. With respect to a foreign professional
26 service limited liability company which provides licensed clinical
27 social work services as such services are defined in [article 154 of the
28 education] subarticle 19 of article 40 of the general business law, each
29 member of such foreign professional service limited liability company
30 shall be licensed pursuant to [article 154 of the education] subarticle
31 19 of article 40 of the general business law to practice clinical social
32 work in this state.
33 § 80. Subdivision (a) of section 1301 of the limited liability company
34 law, as amended by chapter 676 of the laws of 2002, is amended to read
35 as follows:
36 (a) "Foreign professional service limited liability company" means a
37 professional service limited liability company, whether or not denomi-
38 nated as such, organized under the laws of a jurisdiction other than
39 this state, (i) each of whose members and managers, if any, is a profes-
40 sional authorized by law to render a professional service within this
41 state and who is or has been engaged in the practice of such profession
42 in such professional service limited liability company or a predecessor
43 entity, or will engage in the practice of such profession in the profes-
44 sional service limited liability company within thirty days of the date
45 such professional becomes a member, or each of whose members and manag-
46 ers, if any, is a professional at least one of such members is author-
47 ized by law to render a professional service within this state and who
48 is or has been engaged in the practice of such profession in such
49 professional service limited liability company or a predecessor entity,
50 or will engage in the practice of such profession in the professional
51 service limited liability company within thirty days of the date such
52 professional becomes a member, or (ii) authorized by, or holding a
53 license, certificate, registration or permit issued by the licensing
54 authority pursuant to, the [education] general business law to render a
55 professional service within this state; except that all members and
56 managers, if any, of a foreign professional service limited liability
S. 1407 362 A. 2107
1 company that provides health services in this state shall be licensed in
2 this state. With respect to a foreign professional service limited
3 liability company which provides veterinary services as such services
4 are defined in [article 135 of the education] subarticle 5 of article 40
5 of the general business law, each member of such foreign professional
6 service limited liability company shall be licensed pursuant to [article
7 135 of the education] subarticle 5 of article 40 of the general business
8 law to practice veterinary medicine. With respect to a foreign profes-
9 sional service limited liability company which provides medical services
10 as such services are defined in [article 131 of the education] subarti-
11 cle 2 of article 40 of the general business law, each member of such
12 foreign professional service limited liability company must be licensed
13 pursuant to [article 131 of the education] subarticle 2 of article 40 of
14 the general business law to practice medicine in this state. With
15 respect to a foreign professional service limited liability company
16 which provides dental services as such services are defined in [article
17 133 of the education] subarticle 4 of article 40 of the general business
18 law, each member of such foreign professional service limited liability
19 company must be licensed pursuant to [article 133 of the education]
20 subarticle 4 of article 40 of the general business law to practice
21 dentistry in this state. With respect to a foreign professional service
22 limited liability company which provides professional engineering, land
23 surveying, architectural and/or landscape architectural services as such
24 services are defined in [article 145, article 147 and article 148 of the
25 education] subarticles 13, 14 and 15 of article 40 of the general busi-
26 ness law, each member of such foreign professional service limited
27 liability company must be licensed pursuant to [article 145, article 147
28 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
29 cle 40 of the general business law to practice one or more of such
30 professions in this state. With respect to a foreign professional
31 service limited liability company which provides creative arts therapy
32 services as such services are defined in [article 163 of the education]
33 subarticle 27 of article 40 of the general business law, each member of
34 such foreign professional service limited liability company must be
35 licensed pursuant to [article 163 of the education] subarticle 27 of
36 article 40 of the general business law to practice creative arts therapy
37 in this state. With respect to a foreign professional service limited
38 liability company which provides marriage and family therapy services as
39 such services are defined in [article 163 of the education] subarticle
40 27 of article 40 of the general business law, each member of such
41 foreign professional service limited liability company must be licensed
42 pursuant to [article 163 of the education] subarticle 27 of article 40
43 of the general business law to practice marriage and family therapy in
44 this state. With respect to a foreign professional service limited
45 liability company which provides mental health counseling services as
46 such services are defined in [article 163 of the education] subarticle
47 27 of article 40 of the general business law, each member of such
48 foreign professional service limited liability company must be licensed
49 pursuant to [article 163 of the education] subarticle 27 of article 40
50 of the general business law to practice mental health counseling in this
51 state. With respect to a foreign professional service limited liability
52 company which provides psychoanalysis services as such services are
53 defined in [article 163 of the education] subarticle 27 of article 40 of
54 the general business law, each member of such foreign professional
55 service limited liability company must be licensed pursuant to [article
S. 1407 363 A. 2107
1 163 of the education] subarticle 27 of article 40 of the general busi-
2 ness law to practice psychoanalysis in this state.
3 § 81. Subdivision (a) of section 1301 of the limited liability company
4 law, as separately amended by chapters 420 and 676 of the laws of 2002,
5 is amended to read as follows:
6 (a) "Foreign professional service limited liability company" means a
7 professional service limited liability company, whether or not denomi-
8 nated as such, organized under the laws of a jurisdiction other than
9 this state, (i) each of whose members and managers, if any, is a profes-
10 sional authorized by law to render a professional service within this
11 state and who is or has been engaged in the practice of such profession
12 in such professional service limited liability company or a predecessor
13 entity, or will engage in the practice of such profession in the profes-
14 sional service limited liability company within thirty days of the date
15 such professional becomes a member, or each of whose members and manag-
16 ers, if any, is a professional at least one of such members is author-
17 ized by law to render a professional service within this state and who
18 is or has been engaged in the practice of such profession in such
19 professional service limited liability company or a predecessor entity,
20 or will engage in the practice of such profession in the professional
21 service limited liability company within thirty days of the date such
22 professional becomes a member, or (ii) authorized by, or holding a
23 license, certificate, registration or permit issued by the licensing
24 authority pursuant to, the [education] general business law to render a
25 professional service within this state; except that all members and
26 managers, if any, of a foreign professional service limited liability
27 company that provides health services in this state shall be licensed in
28 this state. With respect to a foreign professional service limited
29 liability company which provides veterinary services as such services
30 are defined in [article 135 of the education] subarticle 5 of article 40
31 of the general business law, each member of such foreign professional
32 service limited liability company shall be licensed pursuant to [article
33 135 of the education] subarticle 5 of article 40 of the general business
34 law to practice veterinary medicine. With respect to a foreign profes-
35 sional service limited liability company which provides medical services
36 as such services are defined in [article 131 of the education] subarti-
37 cle 2 of article 40 of the general business law, each member of such
38 foreign professional service limited liability company must be licensed
39 pursuant to [article 131 of the education] subarticle 2 of article 40 of
40 the general business law to practice medicine in this state. With
41 respect to a foreign professional service limited liability company
42 which provides dental services as such services are defined in [article
43 133 of the education] subarticle 4 of article 40 of the general business
44 law, each member of such foreign professional service limited liability
45 company must be licensed pursuant to [article 133 of the education]
46 subarticle 4 of article 40 of the general business law to practice
47 dentistry in this state. With respect to a foreign professional service
48 limited liability company which provides professional engineering, land
49 surveying, architectural and/or landscape architectural services as such
50 services are defined in [article 145, article 147 and article 148 of the
51 education] subarticles 13, 14 and 15 of article 40 of the general busi-
52 ness law, each member of such foreign professional service limited
53 liability company must be licensed pursuant to [article 145, article 147
54 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
55 cle 40 of the general business law to practice one or more of such
56 professions in this state. With respect to a foreign professional
S. 1407 364 A. 2107
1 service limited liability company which provides licensed clinical
2 social work services as such services are defined in [article 154 of the
3 education] subarticle 19 of article 40 of the general business law, each
4 member of such foreign professional service limited liability company
5 shall be licensed pursuant to [article 154 of the education] subarticle
6 19 of article 40 of the general business law to practice clinical social
7 work in this state. With respect to a foreign professional service
8 limited liability company which provides creative arts therapy services
9 as such services are defined in [article 163 of the education] subarti-
10 cle 27 of article 40 of the general business law, each member of such
11 foreign professional service limited liability company must be licensed
12 pursuant to [article 163 of the education] subarticle 27 of article 40
13 of the general business law to practice creative arts therapy in this
14 state. With respect to a foreign professional service limited liability
15 company which provides marriage and family therapy services as such
16 services are defined in [article 163 of the education] subarticle 27 of
17 article 40 of the general business law, each member of such foreign
18 professional service limited liability company must be licensed pursuant
19 to [article 163 of the education] subarticle 27 of article 40 of the
20 general business law to practice marriage and family therapy in this
21 state. With respect to a foreign professional service limited liability
22 company which provides mental health counseling services as such
23 services are defined in [article 163 of the education] subarticle 27 of
24 article 40 of the general business law, each member of such foreign
25 professional service limited liability company must be licensed pursuant
26 to [article 163 of the education] subarticle 27 of article 40 of the
27 general business law to practice mental health counseling in this state.
28 With respect to a foreign professional service limited liability company
29 which provides psychoanalysis services as such services are defined in
30 [article 163 of the education] subarticle 27 of article 40 of the gener-
31 al business law, each member of such foreign professional service limit-
32 ed liability company must be licensed pursuant to [article 163 of the
33 education] subarticle 27 of article 40 of the general business law to
34 practice psychoanalysis in this state.
35 § 82. Subdivisions (b), (c) and (f) of section 1301 of the limited
36 liability company law, subdivision (f) as amended by chapter 170 of the
37 laws of 1996, are amended to read as follows:
38 (b) "Licensing authority" means the [regents of the university] secre-
39 tary of state of the state of New York or the [state education] depart-
40 ment of state, as the case may be, in the case of all professions
41 licensed under [title eight of the education] article 40 of the general
42 business law, and the appropriate appellate division of the supreme
43 court in the case of the profession of law.
44 (c) "Profession" includes any practice as an attorney and counselor-
45 at-law, or as a licensed physician, and those professions designated in
46 [title eight of the education] article 40 of the general business law.
47 (f) "Professional partnership" means (1) a partnership without limited
48 partners each of whose partners is a professional authorized by law to
49 render a professional service within this state, (2) a partnership with-
50 out limited partners each of whose partners is a professional, at least
51 one of whom is authorized by law to render a professional service within
52 this state or (3) a partnership without limited partners authorized by,
53 or holding a license, certificate, registration or permit issued by the
54 licensing authority pursuant to the [education] general business law to
55 render a professional service within this state; except that all part-
56 ners of a professional partnership that provides medical services in
S. 1407 365 A. 2107
1 this state must be licensed pursuant to [article 131 of the education]
2 subarticle 2 of article 40 of the general business law to practice medi-
3 cine in this state and all partners of a professional partnership that
4 provides dental services in this state must be licensed pursuant to
5 [article 133 of the education] subarticle 4 of article 40 of the general
6 business law to practice dentistry in this state; except that all part-
7 ners of a professional partnership that provides veterinary services in
8 this state must be licensed pursuant to [article 135 of the education]
9 subarticle 5 of article 40 of the general business law to practice
10 veterinary medicine in this state; and further except that all partners
11 of a professional partnership that provides professional engineering,
12 land surveying, architectural, and/or landscape architectural services
13 in this state must be licensed pursuant to [article 145, article 147
14 and/or article 148 of the education] subarticles 13, 14 and 15 of arti-
15 cle 40 of the general business law to practice one or more of such
16 professions.
17 § 83. Subdivision (c) of section 9.37 of the mental hygiene law, as
18 added by chapter 857 of the laws of 1981 and as relettered by chapter
19 343 of the laws of 1996, is amended to read as follows:
20 (c) Notwithstanding the provisions of subdivision (b) of this section,
21 in counties with a population of less than two hundred thousand, a
22 director of community services who is a licensed psychologist pursuant
23 to [article one hundred fifty-three of the education] subarticle eigh-
24 teen of article 40 of the general business law or a certified social
25 worker pursuant to [article one hundred fifty-four of the education]
26 subarticle nineteen of article forty of the general business law but who
27 is not a physician may apply for the admission of a patient pursuant to
28 this section without a medical examination by a designated physician, if
29 a hospital approved by the commissioner pursuant to section 9.39 of this
30 [chapter] article is not located within thirty miles of the patient, and
31 the director of community services has made a reasonable effort to
32 locate a designated examining physician but such a designee is not imme-
33 diately available and the director of community services, after personal
34 observation of the person, reasonably believes that he may have a mental
35 illness which is likely to result in serious harm to himself or others
36 and inpatient care and treatment of such person in a hospital may be
37 appropriate. In the event of an application pursuant to this subdivi-
38 sion, a physician of the receiving hospital shall examine the patient
39 and shall not admit the patient unless he or she determines that the
40 patient has a mental illness for which immediate inpatient care and
41 treatment in a hospital is appropriate and which is likely to result in
42 serious harm to himself or others. If the patient is admitted, the need
43 for hospitalization shall be confirmed by another staff physician within
44 twenty-four hours. An application pursuant to this subdivision shall be
45 in writing and shall be filed with the director of such hospital at the
46 time of the patient's reception, together with a statement in a form
47 prescribed by the commissioner giving such information as he may deem
48 appropriate, including a statement of the efforts made by the director
49 of community services to locate a designated examining physician prior
50 to making an application pursuant to this subdivision.
51 § 84. Paragraph 4 of subdivision (a) of section 33.16 of the mental
52 hygiene law, as amended by chapter 226 of the laws of 1991, is amended
53 to read as follows:
54 4. "Mental health practitioner" or "practitioner" means a person
55 employed by or rendering a service at a facility maintaining the clin-
56 ical record licensed under [article one hundred thirty-one of the educa-
S. 1407 366 A. 2107
1 tion] subarticle two of article forty of the general business law who
2 practices psychiatry or a person licensed under [article one hundred
3 thirty-nine, one hundred fifty-three or one hundred fifty-four of the
4 education] subarticles eight, eighteen or nineteen of article forty of
5 the general business law or any other person not prohibited by law from
6 providing mental health or developmental disabilities services.
7 § 85. The fourteenth and sixteenth undesignated paragraphs of section
8 2 of the partnership law, as added by chapter 576 of the laws of 1994,
9 are amended to read as follows:
10 "Professional partnership" means (1) a partnership without limited
11 partners each of whose partners is a professional authorized by law to
12 render a professional service within this state, (2) a partnership with-
13 out limited partners each of whose partners is a professional, at least
14 one of whom is authorized by law to render a professional service within
15 this state or (3) a partnership without limited partners authorized by,
16 or holding a license, certificate, registration or permit issued by the
17 licensing authority pursuant to the [education] general business law to
18 render a professional service within this state; except that all part-
19 ners of a professional partnership that provides medical services in
20 this state must be licensed pursuant to [article 131 of the education
21 law] subarticle two of article forty of the general business law to
22 practice medicine in this state and all partners of a professional part-
23 nership that provides dental services in this state must be licensed
24 pursuant to [article 133 of the education law] subarticle four of arti-
25 cle forty of the general business law to practice dentistry in this
26 state; and further except that all partners of a professional partner-
27 ship that provides professional engineering, land surveying, architec-
28 tural and/or landscape architectural services in this state must be
29 licensed pursuant to [article 145, article 147 and/or article 148 of the
30 education law] subarticles thirteen, fourteen, or fifteen of article
31 forty of the general business law to practice one or more of such
32 professions in this state.
33 "Professional service corporation" means (i) a corporation organized
34 under article fifteen of the business corporation law and (ii) any other
35 corporation organized under the business corporation law or any prede-
36 cessor statute, which is authorized by, or holds a license, certificate,
37 registration or permit issued by, the licensing authority pursuant to
38 the [education] general business law to render professional services
39 within this state.
40 § 86. Subdivision (q) of section 121-1500 of the partnership law, as
41 amended by chapter 643 of the laws of 1995, is amended to read as
42 follows:
43 (q) Each partner of a registered limited liability partnership formed
44 to provide medical services in this state must be licensed pursuant to
45 [article 131 of the education law] subarticle two of article forty of
46 the general business law to practice medicine in this state and each
47 partner of a registered limited liability partnership formed to provide
48 dental services in this state must be licensed pursuant to [article 133
49 of the education law] subarticle four of article forty of the general
50 business law to practice dentistry in this state. Each partner of a
51 registered limited liability partnership formed to provide veterinary
52 services in this state shall be licensed pursuant to [article 135 of the
53 education law] subarticle five of article forty of the general business
54 law to practice veterinary medicine in this state. Each partner of a
55 registered limited liability partnership formed to provide professional
56 engineering, land surveying, architectural and/or landscape architec-
S. 1407 367 A. 2107
1 tural services in this state must be licensed pursuant to [article 145,
2 article 147 and/or article 148 of the education law] subarticles thir-
3 teen, fourteen, and/or fifteen of article forty of the general business
4 law to practice one or more of such professions in this state.
5 § 87. Subdivision (q) of section 121-1500 of the partnership law, as
6 amended by chapter 420 of the laws of 2002, is amended to read as
7 follows:
8 (q) Each partner of a registered limited liability partnership formed
9 to provide medical services in this state must be licensed pursuant to
10 [article 131 of the education law] subarticle two of article forty of
11 the general business law to practice medicine in this state and each
12 partner of a registered limited liability partnership formed to provide
13 dental services in this state must be licensed pursuant to [article 133
14 of the education law] subarticle four of article forty of the general
15 business law to practice dentistry in this state. Each partner of a
16 registered limited liability partnership formed to provide veterinary
17 services in this state must be licensed pursuant to [article 135 of the
18 education law] subarticle five of article forty of the general business
19 law to practice veterinary medicine in this state. Each partner of a
20 registered limited liability partnership formed to provide professional
21 engineering, land surveying, architectural and/or landscape architec-
22 tural services in this state must be licensed pursuant to [article 145,
23 article 147 and/or article 148 of the education law] subarticles thir-
24 teen, fourteen and/or fifteen of article forty of the general business
25 law to practice one or more of such professions in this state. Each
26 partner of a registered limited liability partnership formed to provide
27 licensed clinical social work services in this state must be licensed
28 pursuant to [article 154 of the education law] subarticle nineteen of
29 article forty of the general business law to practice clinical social
30 work in this state.
31 § 88. Subdivision (q) of section 121-1500 of the partnership law, as
32 amended by chapter 676 of the laws of 2002, is amended to read as
33 follows:
34 (q) Each partner of a registered limited liability partnership formed
35 to provide medical services in this state must be licensed pursuant to
36 [article 131 of the education law] subarticle two of article forty of
37 the general business law to practice medicine in this state and each
38 partner of a registered limited liability partnership formed to provide
39 dental services in this state must be licensed pursuant to [article 133
40 of the education law] subarticle four of article forty of the general
41 business law to practice dentistry in this state. Each partner of a
42 registered limited liability partnership formed to provide veterinary
43 services in this state shall be licensed pursuant to [article 135 of the
44 education law] subarticle five of article forty of the general business
45 law to practice veterinary medicine in this state. Each partner of a
46 registered limited liability partnership formed to provide professional
47 engineering, land surveying, architectural and/or landscape architec-
48 tural services in this state must be licensed pursuant to [article 145,
49 article 147 and/or article 148 of the education law] subarticles thir-
50 teen, fourteen and/or fifteen of article forty of the general business
51 law to practice one or more of such professions in this state. Each
52 partner of a registered limited liability partnership formed to provide
53 creative arts therapy services in this state must be licensed pursuant
54 to [article 163 of the education law] subarticles twenty-seven of arti-
55 cle forty of the general business law to practice creative arts therapy
56 in this state. Each partner of a registered limited liability partner-
S. 1407 368 A. 2107
1 ship formed to provide marriage and family therapy services in this
2 state must be licensed pursuant to [article 163 of the education law]
3 subarticle twenty-seven of article forty of the general business law to
4 practice marriage and family therapy in this state. Each partner of a
5 registered limited liability partnership formed to provide mental health
6 counseling services in this state must be licensed pursuant to [article
7 163 of the education law] subarticle twenty-seven of article forty of
8 the general business law to practice mental health counseling in this
9 state. Each partner of a registered limited liability partnership formed
10 to provide psychoanalysis services in this state must be licensed pursu-
11 ant to [article 163 of the education law] subarticle twenty-seven of
12 article forty of the general business law to practice psychoanalysis in
13 this state.
14 § 89. Subdivision (q) of section 121-1500 of the partnership law, as
15 separately amended by chapters 420 and 676 of the laws of 2002, is
16 amended to read as follows:
17 (q) Each partner of a registered limited liability partnership formed
18 to provide medical services in this state must be licensed pursuant to
19 [article 131 of the education law] subarticle two of article forty of
20 the general business law to practice medicine in this state and each
21 partner of a registered limited liability partnership formed to provide
22 dental services in this state must be licensed pursuant to [article 133
23 of the education law] subarticle four of article forty of the general
24 business law to practice dentistry in this state. Each partner of a
25 registered limited liability partnership formed to provide veterinary
26 services in this state must be licensed pursuant to [article 135 of the
27 education law] subarticle five of article forty of the general business
28 law to practice veterinary medicine in this state. Each partner of a
29 registered limited liability partnership formed to provide professional
30 engineering, land surveying, architectural and/or landscape architec-
31 tural services in this state must be licensed pursuant to [article 145,
32 article 147 and/or article 148 of the education law] subarticles thir-
33 teen, fourteen and/or fifteen of article forty of the general business
34 law to practice one or more of such professions in this state. Each
35 partner of a registered limited liability partnership formed to provide
36 licensed clinical social work services in this state must be licensed
37 pursuant to [article 154 of the education law] subarticle nineteen of
38 article forty of the general business law to practice clinical social
39 work in this state. Each partner of a registered limited liability
40 partnership formed to provide creative arts therapy services in this
41 state must be licensed pursuant to [article 163 of the education law]
42 subarticle twenty-seven of article forty of the general business law to
43 practice creative arts therapy in this state. Each partner of a regis-
44 tered limited liability partnership formed to provide marriage and fami-
45 ly therapy services in this state must be licensed pursuant to [article
46 163 of the education law] subarticle twenty-seven of article forty of
47 the general business law to practice marriage and family therapy in this
48 state. Each partner of a registered limited liability partnership formed
49 to provide mental health counseling services in this state must be
50 licensed pursuant to [article 163 of the education law] subarticle twen-
51 ty-seven of article forty of the general business law to practice mental
52 health counseling in this state. Each partner of a registered limited
53 liability partnership formed to provide psychoanalysis services in this
54 state must be licensed pursuant to [article 163 of the education law]
55 subarticle twenty-seven of article forty of the general business law to
56 practice psychoanalysis in this state.
S. 1407 369 A. 2107
1 § 90. Subdivision (q) of section 121-1502 of the partnership law, as
2 amended by chapter 643 of the laws of 1995, is amended to read as
3 follows:
4 (q) Each partner of a foreign limited liability partnership which
5 provides medical services in this state must be licensed pursuant to
6 [article 131 of the education law] subarticle two of article forty of
7 the general business law to practice medicine in the state and each
8 partner of a foreign limited liability partnership which provides dental
9 services in the state must be licensed pursuant to [article 133 of the
10 education law] subarticle four of article forty of the general business
11 law to practice dentistry in this state. Each partner of a foreign
12 limited liability partnership which provides veterinary service in the
13 state shall be licensed pursuant to [article 135 of the education law]
14 subarticle five of article forty of the general business law to practice
15 veterinary medicine in this state. Each partner of a foreign limited
16 liability partnership which provides professional engineering, land
17 surveying, architectural and/or landscape architectural services in this
18 state must be licensed pursuant to [article 145, article 147 and/or
19 article 148 of the education law] subarticles thirteen, fourteen and/or
20 fifteen of article forty of the general business law to practice one or
21 more of such professions.
22 § 91. Subdivision (q) of section 121-1502 of the partnership law, as
23 amended by chapter 676 of the laws of 2002, is amended to read as
24 follows:
25 (q) Each partner of a foreign limited liability partnership which
26 provides medical services in this state must be licensed pursuant to
27 [article 131 of the education law] subarticle two of article forty of
28 the general business law to practice medicine in the state and each
29 partner of a foreign limited liability partnership which provides dental
30 services in the state must be licensed pursuant to [article 133 of the
31 education law] subarticle four of article forty of the general business
32 law to practice dentistry in this state. Each partner of a foreign
33 limited liability partnership which provides veterinary service in the
34 state shall be licensed pursuant to [article 135 of the education law
35 subarticle five of article forty of the general business law to practice
36 veterinary medicine in this state. Each partner of a foreign limited
37 liability partnership which provides professional engineering, land
38 surveying, architectural and/or landscape architectural services in this
39 state must be licensed pursuant to [article 145, article 147 and/or
40 article 148 of the education law] subarticles thirteen, fourteen and/or
41 fifteen of article forty of the general business law to practice one or
42 more of such professions. Each partner of a foreign limited liability
43 partnership which provides creative arts therapy services in this state
44 must be licensed pursuant to [article 163 of the education law] subarti-
45 cle twenty-seven of article forty of the general business law to prac-
46 tice creative arts therapy in this state. Each partner of a foreign
47 limited liability partnership which provides marriage and family therapy
48 services in this state must be licensed pursuant to [article 163 of the
49 education law] subarticle twenty-seven of article forty of the general
50 business law to practice marriage and family therapy in this state. Each
51 partner of a foreign limited liability partnership which provides mental
52 health counseling services in this state must be licensed pursuant to
53 [article 163 of the education law] subarticle twenty-seven of article
54 forty of the general business law to practice mental health counseling
55 in this state. Each partner of a foreign limited liability partnership
56 which provides psychoanalysis services in this state must be licensed
S. 1407 370 A. 2107
1 pursuant to [article 163 of the education law] subarticle twenty-seven
2 of article forty of the general business law to practice psychoanalysis
3 in this state.
4 § 92. Subdivisions 12 and 13 of section 130.00 of the penal law, as
5 added by chapter 1 of the laws of 2000, are amended to read as follows:
6 12. "Health care provider" means any person who is, or is required to
7 be, licensed or registered or holds himself or herself out to be
8 licensed or registered, or provides services as if he or she were
9 licensed or registered in the profession of medicine, chiropractic,
10 dentistry or podiatry under any of the following: [article one hundred
11 thirty-one, one hundred thirty-two, one hundred thirty-three, or one
12 hundred forty-one of the education] subarticle two, three, four, or ten
13 of article forty of the general business law.
14 13. "Mental health care provider" means any person who is, or is
15 required to be, licensed or registered, or holds himself or herself out
16 to be licensed or registered, or provides mental health services as if
17 he or she were licensed or registered in the profession of medicine,
18 psychology or social work under any of the following: [article one
19 hundred thirty-one, one hundred fifty-three, or one hundred fifty-four
20 of the education] subarticle two, eighteen or nineteen of article forty
21 of the general business law.
22 § 93. The opening paragraph of paragraph 15 of subdivision a of
23 section 265.20 of the penal law, as added by chapter 354 of the laws of
24 1996, is amended to read as follows:
25 Possession and sale of a self-defense spray device as defined in para-
26 graph fourteen of this subdivision by a dealer in firearms licensed
27 pursuant to section 400.00 of this chapter, a pharmacist licensed pursu-
28 ant to [article one hundred thirty-seven of the education] subarticle
29 seven of article forty of the general business law or by such other
30 vendor as may be authorized and approved by the superintendent of state
31 police.
32 § 94. Subdivision 10 of section 3 of the public buildings law, as
33 added by chapter 385 of the laws of 1990, is amended to read as follows:
34 10. Notwithstanding any provision of this article or of any general or
35 special law, upon written certification by the department or agency
36 having jurisdiction that efficiency or economy will result therefrom,
37 the commissioner of general services may adopt and use standardized
38 specifications for a particular type, class or item of equipment, mate-
39 rial or system to be included in the plans and specifications prepared
40 pursuant to this article. Such plans and specifications shall conform
41 with sections [seven thousand two hundred nine and seven thousand three
42 hundred seven of the education] sixteen hundred sixty and seventeen
43 hundred seven of the general business law.
44 § 95. Section 14 of the public health law, as amended by chapter 2 of
45 the laws of 1998, is amended to read as follows:
46 § 14. Actions against persons rendering professional services at the
47 request of the department; defense and indemnification. The provisions
48 of section seventeen of the public officers law shall apply to any
49 physician, dentist, nurse or other health care professional who: (i) is
50 licensed to practice pursuant to [article one hundred thirty-one, one
51 hundred thirty-one-B, one hundred thirty-three, one hundred thirty-six,
52 one hundred thirty-seven, one hundred thirty-nine, one hundred forty-
53 three, one hundred fifty-six, one hundred fifty-seven, one hundred
54 fifty-nine or one hundred sixty-four of the education] subarticle two,
55 two-B, four, six, seven, eight, eleven, twenty-one, twenty-two, twenty-
56 three or twenty-eight of article forty of the general business law and
S. 1407 371 A. 2107
1 who is rendering professional treatment or consultation in connection
2 with professional treatment authorized under such license at the request
3 of the department, or at a departmental facility, including clinical
4 practice provided pursuant to a clinical practice plan established
5 pursuant to subdivision fourteen of section two hundred six of this
6 chapter, to patients receiving care or professional consultation from
7 the department while rendering such professional treatment or consulta-
8 tion; (ii) is rendering consultation in connection with an audit or
9 prepayment review of claims or treatment requests under the medical
10 assistance program; or (iii) assists the department as consultants or
11 expert witnesses in the investigation or prosecution of alleged
12 violations of article twenty-eight, thirty-six, forty-four or forty-sev-
13 en of this chapter or rules and regulations adopted pursuant thereto.
14 § 96. Paragraph (d) of subdivision 1 of section 18 of the public
15 health law, as added by chapter 497 of the laws of 1986, is amended to
16 read as follows:
17 (d) "Health care practitioner" or "practitioner" means a person
18 licensed under [article one hundred thirty-one, one hundred
19 thirty-one-B, one hundred thirty-two, one hundred thirty-three, one
20 hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one
21 hundred forty-three, one hundred forty-four, one hundred fifty-three,
22 one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
23 of the education] subarticle two, two-B, three, four, six, eight, ten
24 eleven, twelve, eighteen, nineteen, twenty-one or twenty-three of arti-
25 cle forty of the general business law or a person certified under
26 section twenty-five hundred sixty of this chapter.
27 § 97. The opening paragraph of subdivision 1 of section 19 of the
28 public health law, as added by chapter 572 of the laws of 1990, is
29 amended to read as follows:
30 No physician licensed under [article one hundred thirty-one of the
31 education] subarticle two of article forty of the general business law
32 shall charge from a beneficiary of health insurance under title XVIII of
33 the federal social security act (medicare) any amount in excess of the
34 following limitations:
35 § 98. Subdivision 1, paragraph (p) of subdivision 10, paragraph (a) of
36 subdivision 11, subdivision 13 and paragraph (c) of subdivision 17 of
37 section 230 of the public health law, subdivision 1 as amended by chap-
38 ter 537 of the laws of 1998, paragraph (p) of subdivision 10 as amended
39 by chapter 599 of the laws of 1996, paragraph (a) of subdivision 11 as
40 amended by chapter 627 of the laws of 1996, and subdivision 13 as added
41 and paragraph (c) of subdivision 17 as amended by chapter 606 of the
42 laws of 1991, are amended to read as follows:
43 1. A state board for professional medical conduct is hereby created in
44 the department in matters of professional misconduct as defined in
45 sections [sixty-five hundred thirty and sixty-five hundred thirty-one of
46 the education] one thousand fifty and one thousand fifty-one of the
47 general business law. Its physician members shall be appointed by the
48 commissioner at least eighty-five percent of whom shall be from among
49 nominations submitted by the medical society of the state of New York,
50 the New York state osteopathic society, the New York academy of medi-
51 cine, county medical societies, statewide specialty societies recognized
52 by the council of medical specialty societies, and the hospital associ-
53 ation of New York state. Its lay members shall be appointed by the
54 commissioner with the approval of the governor. The [board of regents]
55 secretary of state shall also appoint twenty percent of the members of
56 the board. Not less than sixty-seven percent of the members appointed by
S. 1407 372 A. 2107
1 the [board of regents] secretary of state shall be physicians. Not less
2 than eighty-five percent of the physician members appointed by the
3 [board of regents] secretary of state shall be from among nominations
4 submitted by the medical society of the state of New York, the New York
5 state osteopathic society, the New York academy of medicine, county
6 medical societies, statewide medical societies recognized by the council
7 of medical specialty societies, and the hospital association of New York
8 state. Any failure to meet the percentage thresholds stated in this
9 subdivision shall not be grounds for invalidating any action by or on
10 authority of the board for professional medical conduct or a committee
11 or a member thereof. The board for professional medical conduct shall
12 consist of not fewer than eighteen physicians licensed in the state for
13 at least five years, two of whom shall be doctors of osteopathy, not
14 fewer than two of whom shall be physicians who dedicate a significant
15 portion of their practice to the use of non-conventional medical treat-
16 ments who may be nominated by New York state medical associations dedi-
17 cated to the advancement of such treatments, at least one of whom shall
18 have expertise in palliative care, and not fewer than seven lay members.
19 An executive secretary shall be appointed by the chairperson and shall
20 be a licensed physician. Such executive secretary shall not be a member
21 of the board, shall hold office at the pleasure of, and shall have the
22 powers and duties assigned and the annual salary fixed by, the chair-
23 person. The chairperson shall also assign such secretaries or other
24 persons to the board as are necessary.
25 (p) Convictions of crimes or administrative violations. In cases of
26 professional misconduct based solely upon a violation of subdivision
27 nine of section [sixty-five hundred thirty of the education] one thou-
28 sand fifty of the general business law, the director may direct that
29 charges be prepared and served and may refer the matter to a committee
30 on professional conduct for its review and report of findings, conclu-
31 sions as to guilt, and determination. In such cases, the notice of hear-
32 ing shall state that the licensee shall file a written answer to each of
33 the charges and allegations in the statement of charges no later than
34 ten days prior to the hearing, and that any charge or allegation not so
35 answered shall be deemed admitted, that the licensee may wish to seek
36 the advice of counsel prior to filing such answer that the licensee may
37 file a brief and affidavits with the committee on professional conduct,
38 that the licensee may appear personally before the committee on profes-
39 sional conduct, may be represented by counsel and may present evidence
40 or sworn testimony in his or her behalf, and the notice may contain such
41 other information as may be considered appropriate by the director. The
42 department may also present evidence or sworn testimony and file a brief
43 at the hearing. A stenographic record of the hearing shall be made. Such
44 evidence or sworn testimony offered to the committee on professional
45 conduct shall be strictly limited to evidence and testimony relating to
46 the nature and severity of the penalty to be imposed upon the licensee.
47 Where the charges are based on the conviction of state law crimes in
48 other jurisdictions, evidence may be offered to the committee which
49 would show that the conviction would not be a crime in New York state.
50 The committee on professional conduct may reasonably limit the number of
51 witnesses whose testimony will be received and the length of time any
52 witness will be permitted to testify. The determination of the committee
53 shall be served upon the licensee and the department in accordance with
54 the provisions of paragraph (h) of this subdivision. A determination
55 pursuant to this subdivision may be reviewed by the administrative
56 review board for professional medical conduct.
S. 1407 373 A. 2107
1 (a) The medical society of the state of New York, the New York state
2 osteopathic society or any district osteopathic society, any statewide
3 medical specialty society or organization, and every county medical
4 society, every person licensed pursuant to [articles one hundred thir-
5 ty-one, one hundred thirty-one-B, one hundred thirty-three, one hundred
6 thirty-seven and one hundred thirty-nine of the education] subarticles
7 two, two-B, four, seven and eight of article forty of the general busi-
8 ness law, and the chief executive officer, the chief of the medical
9 staff and the chairperson of each department of every institution which
10 is established pursuant to article twenty-eight of this chapter and a
11 comprehensive health services plan pursuant to article forty-four of
12 this chapter or article forty-three of the insurance law, shall, and any
13 other person may, report to the board any information which such person,
14 medical society, organization, institution or plan has which reasonably
15 appears to show that a licensee is guilty of professional misconduct as
16 defined in sections [sixty-five hundred thirty and sixty-five hundred
17 thirty-one of the education] one thousand fifty and one thousand fifty-
18 one of the general business law. Such reports shall remain confidential
19 and shall not be admitted into evidence in any administrative or judi-
20 cial proceeding except that the board, its staff, or the members of its
21 committees may begin investigations on the basis of such reports and may
22 use them to develop further information.
23 13. (a) Temporary surrender. The license and registration of a licen-
24 see who may be temporarily incapacitated for the active practice of
25 medicine and whose alleged incapacity has not resulted in harm to a
26 patient may be voluntarily surrendered to the board for professional
27 medical conduct, which may accept and hold such license during the peri-
28 od of such alleged incapacity or the board for professional medical
29 conduct may accept the surrender of such license after agreement to
30 conditions to be met prior to the restoration of the license. The board
31 shall give prompt written notification of such surrender to the division
32 of professional licensing services of the department of state [education
33 department], and to each hospital at which the licensee has privileges.
34 The licensee whose license is so surrendered shall notify all patients
35 and all persons who request medical services that the licensee has
36 temporarily withdrawn from the practice of medicine. The licensure
37 status of each such licensee shall be "inactive" and the licensee shall
38 not be authorized to practice medicine. The temporary surrender shall
39 not be deemed to be an admission of disability or of professional
40 misconduct, and shall not be used as evidence of a violation of subdivi-
41 sion seven or eight of section [sixty-five hundred thirty of the educa-
42 tion] one thousand fifty of the general business law unless the licensee
43 practices while the license is "inactive". Any such practice shall
44 constitute a violation of subdivision twelve of section [sixty-five
45 hundred thirty of the education] one thousand fifty of the general busi-
46 ness law. The surrender of a license under this subdivision shall not
47 bar any disciplinary action except action based solely upon the
48 provisions of subdivision seven or eight of section [sixty-five hundred
49 thirty of the education] one thousand fifty of the general business law
50 and where no harm to a patient has resulted, and shall not bar any civil
51 or criminal action or proceeding which might be brought without regard
52 to such surrender. A surrendered license shall be restored upon a show-
53 ing to the satisfaction of a committee of professional conduct of the
54 state board for professional medical conduct that the licensee is not
55 incapacitated for the active practice of medicine provided, however,
56 that the committee may impose reasonable conditions on the licensee, if
S. 1407 374 A. 2107
1 it determined that due to the nature and extent of the licensee's former
2 incapacity such conditions are necessary to protect the health of the
3 people. The chairperson of the committee shall issue a restoration order
4 adopting the decision of the committee. Prompt written notification of
5 such restoration shall be given to the division of professional licens-
6 ing services of the [state education] department of state and to all
7 hospitals which were notified of the surrender of the license.
8 (b) Permanent surrender. The license and registration of a licensee
9 who may be permanently incapacitated for the active practice of medi-
10 cine, and whose alleged incapacity has not resulted in harm to a
11 patient, may be voluntarily surrendered to the board for professional
12 medical conduct. The board shall give prompt written notification of
13 such surrender to the division of professional licensing services of the
14 [state education] department of state, and to each hospital at which the
15 licensee has privileges. The licensee whose license is so surrendered
16 shall notify all patients and all persons who request medical services
17 that the licensee has permanently withdrawn from the practice of medi-
18 cine. The permanent surrender shall not be deemed to be an admission of
19 disability of or professional misconduct, and shall not be used as
20 evidence of a violation of subdivision seven or eight of section
21 [sixty-five hundred thirty of the education] one thousand fifty of the
22 general business law. The surrender shall not bar any civil or criminal
23 action or proceeding which might be brought without regard to such
24 surrender. There shall be no restoration of a license that has been
25 surrendered pursuant to this subdivision.
26 (c) If the committee determines that reasonable cause exists as speci-
27 fied in paragraph (a) of this subdivision and that there is insufficient
28 evidence for the matter to constitute misconduct as defined in sections
29 [sixty-five hundred thirty and section sixty-five hundred thirty-one of
30 the education] one thousand fifty and one thousand fifty-one of the
31 general business law, the committee may issue an order directing that
32 the licensee's practice of medicine be monitored for a period specified
33 in the order, which shall in no event exceed one year, by a licensee
34 approved by the director, which may include members of county medical
35 societies or district osteopathic societies designated by the commis-
36 sioner. The licensee responsible for monitoring the licensee shall
37 submit regular reports to the director. If the licensee refuses to coop-
38 erate with the licensee responsible for monitoring or if the monitoring
39 licensee submits a report that the licensee is not practicing medicine
40 with reasonable skill and safety to his or her patients, the committee
41 may refer the matter to the director for further proceedings pursuant to
42 subdivision ten of this section. An order pursuant to this paragraph
43 shall be kept confidential and shall not be subject to discovery or
44 subpoena, unless the licensee refuses to comply with the order.
45 § 99. The opening paragraph of section 230-a of the public health law,
46 as added by chapter 606 of the laws of 1991, is amended to read as
47 follows:
48 The penalties which may be imposed by the state board for professional
49 medical conduct on a present or former licensee found guilty of profes-
50 sional misconduct under the definitions and proceedings prescribed in
51 section two hundred thirty of this title and sections [sixty-five
52 hundred thirty and sixty-five hundred thirty-one of the education] one
53 thousand fifty and one thousand fifty-one of the general business law
54 are:
55 § 100. Section 230-a of the public health law, as added by chapter 786
56 of the laws of 1992, is amended to read as follows:
S. 1407 375 A. 2107
1 § 230-a. Infection control standards. Notwithstanding any law to the
2 contrary, including section [sixty-five hundred thirty-two of the educa-
3 tion] one thousand fifty-two of the general business law, the department
4 shall promulgate rules or regulations describing scientifically accepted
5 barrier precautions and infection control practices as standards of
6 professional medical conduct for persons licensed under [articles one
7 hundred thirty-one and one hundred thirty-one-B of the education] subar-
8 ticles two and two-B of article forty of the general business law. The
9 department shall consult with the education department to ensure that
10 regulatory standards for scientifically acceptable barrier precautions
11 and infection prevention techniques promulgated pursuant to this section
12 are consistent, as far as appropriate with such standards adopted by the
13 [education] department of state applicable to persons licensed under the
14 [education] general business law other than [articles one hundred thir-
15 ty-one and one hundred thirty-one-B] subarticles two and two-B of arti-
16 cle forty of such law.
17 § 101. Subdivision 16 of section 238 of the public health law, as
18 added by chapter 591 of the laws of 2000, is amended to read as follows:
19 16. "Physical therapy services" means physical therapy as defined by
20 section [sixty-seven hundred thirty-one of the education] thirteen
21 hundred one of the general business law.
22 § 102. Paragraph (a) of subdivision 3 of section 260 of the public
23 health law, as added by chapter 337 of the laws of 2002, is amended to
24 read as follows:
25 (a) is licensed, or exempt from licensure, pursuant to [articles one
26 hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,
27 one hundred thirty-three, one hundred thirty-six, one hundred thirty-
28 seven, one hundred thirty-nine, one hundred forty, one hundred forty-
29 one, one hundred forty-three, one hundred forty-four, one hundred
30 fifty-three, one hundred fifty-four, one hundred fifty-five, one hundred
31 fifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred
32 sixty, one hundred sixty-two, or one hundred sixty-four of the educa-
33 tion] subarticle two, two-B, three, four, six, seven, eight, nine, ten,
34 eleven, twelve, eighteen, nineteen, twenty, twenty-one, twenty-two,
35 twenty-three, twenty-four, twenty-six or twenty-eight of article forty
36 of the general business law;
37 § 103. Subdivision 1 of section 462 of the public health law, as added
38 by chapter 562 of the laws of 2001, is amended to read as follows:
39 1. This article shall not apply to or affect a physician duly licensed
40 under [article one hundred thirty-one of the education] subarticle two
41 of article forty of the general business law or x-ray technicians.
42 § 104. Subdivision 17 of section 2511 of the public health law, as
43 added by chapter 2 of the laws of 1998, is amended to read as follows:
44 17. The commissioner, in consultation with the superintendent, is
45 authorized to establish and operate a child health information service
46 which shall utilize advanced telecommunications technologies to meet the
47 health information and support needs of children, parents and medical
48 professionals, which shall include, but not be limited to, treatment
49 guidelines for children, treatment protocols, research articles and
50 standards for the care of children from birth through eighteen years of
51 age. Such information shall not constitute the practice of medicine, as
52 defined in [article one hundred thirty-one of the education] subarticle
53 two of article forty of the general business law.
54 § 105. Paragraph (f) of subdivision 1 of section 2805-k of the public
55 health law, as added by chapter 786 of the laws of 1992, is amended to
56 read as follows:
S. 1407 376 A. 2107
1 (f) Documentation that the physician, dentist or podiatrist has
2 completed the course work or training as mandated by section two hundred
3 thirty-eight of this chapter or section [six thousand five hundred
4 five-b of the education] nine hundred eight of the general business law.
5 A hospital or facility shall not grant or renew professional privileges
6 or association to a physician, dentist, or podiatrist who has not
7 completed such course work or training.
8 § 106. Subdivision 16 of section 2807 of the public health law, as
9 added by chapter 523 of the laws of 2001, is amended to read as follows:
10 16. Notwithstanding any inconsistent provision of law, payment for
11 drugs which may not be dispensed without a prescription as required by
12 section [sixty-eight hundred ten of the education] thirteen hundred
13 sixty of the general business law provided to persons receiving medical
14 assistance pursuant to title eleven of article five of the social
15 services law by any non-hospital based diagnostic and treatment center
16 licensed under this article in existence on the effective date of this
17 subdivision providing comprehensive primary medical care services and
18 registered by the state board of pharmacy pursuant to section [sixty-
19 eight hundred eight of the education] thirteen hundred fifty-eight of
20 the general business law shall be on a fee-for-service basis and shall
21 not be included in any comprehensive clinic rate paid to such facility
22 by governmental agencies established in accordance with paragraph (b) of
23 subdivision two of this section.
24 § 107. Subdivision 7 of section 2995-a of the public health law, as
25 added by chapter 542 of the laws of 2000, is amended to read as follows:
26 7. A physician who knowingly provides materially inaccurate informa-
27 tion under this section shall be guilty of professional misconduct
28 pursuant to section [sixty-five hundred thirty of the education] one
29 thousand fifty of the general business law.
30 § 108. Subdivision 1 of section 3000-a of the public health law, as
31 amended by chapter 69 of the laws of 1994, is amended to read as
32 follows:
33 1. Except as provided in subdivision six of section [six thousand six
34 hundred eleven] twelve hundred nineteen, subdivision two of section [six
35 thousand five hundred twenty-seven] one thousand seven, subdivision one
36 of section [six thousand nine hundred nine] fourteen hundred nine and
37 sections [six thousand five hundred forty-seven] eleven hundred five and
38 [six thousand seven hundred thirty-seven] thirteen hundred seven of the
39 [education] general business law, any person who voluntarily and without
40 expectation of monetary compensation renders first aid or emergency
41 treatment at the scene of an accident or other emergency outside a
42 hospital, doctor's office or any other place having proper and necessary
43 medical equipment, to a person who is unconscious, ill, or injured,
44 shall not be liable for damages for injuries alleged to have been
45 sustained by such person or for damages for the death of such person
46 alleged to have occurred by reason of an act or omission in the render-
47 ing of such emergency treatment unless it is established that such inju-
48 ries were or such death was caused by gross negligence on the part of
49 such person. Nothing in this section shall be deemed or construed to
50 relieve a licensed physician, dentist, nurse, physical therapist or
51 registered physician's assistant from liability for damages for injuries
52 or death caused by an act or omission on the part of such person while
53 rendering professional services in the normal and ordinary course of his
54 or her practice.
55 § 109. Subdivision 11 of section 3011 of the public health law, as
56 added chapter 542 of the laws of 1995, is amended to read as follows:
S. 1407 377 A. 2107
1 11. The commissioner, with the advice and consent of the state coun-
2 cil, shall promulgate rules and regulations necessary to ensure compli-
3 ance with the provisions of subdivision two of section [sixty-seven
4 hundred thirteen of the education law] twelve hundred sixty-four of the
5 general business law.
6 § 110. Paragraph c of subdivision 1 and subdivision 4 of section 3383
7 of the public health law, as added by chapter 494 of the laws of 1982,
8 are amended to read as follows:
9 c. "Imitation controlled substance" means a substance, other than a
10 drug for which a prescription is required pursuant to [article one
11 hundred thirty-seven of the education] subarticle seven of article forty
12 of the general business law, that is not a controlled substance, which
13 by dosage unit appearance, including color, shape and size and by a
14 representation is represented to be a controlled substance, as defined
15 in the penal law. Evidence of representations that the substance is a
16 controlled substance may include but is not limited to oral or written
17 representations by the manufacturer or seller, as the case may be, about
18 the substance with regard to:
19 4. No liability shall be imposed by virtue of this section on any
20 person licensed pursuant to [article one hundred thirty-one of the
21 education] subarticle two of article forty of the general business law
22 or licensed under this article who manufactures, [distributed] distrib-
23 utes, sells, prescribes, dispenses or possesses an imitation controlled
24 substance for use as a placebo or for use in clinical research conducted
25 pursuant to the federal food, drug and cosmetic act.
26 § 111. Subdivisions 4 and 5 of section 3602 of the public health law,
27 as amended by chapter 600 of the laws of 2002, are amended to read as
28 follows:
29 4. "Home health aide services" means simple health care tasks,
30 personal hygiene services, housekeeping tasks essential to the patient's
31 health and other related supportive services. Such services shall be
32 prescribed by a physician in accordance with a plan of treatment for the
33 patient and shall be under the supervision of a registered professional
34 nurse from a certified home health agency or, when appropriate, from a
35 provider of a long term home health care program and of the appropriate
36 professional therapist from such agency or provider when the aide
37 carries out simple procedures as an extension of physical, speech or
38 occupational therapy. Such services may also be prescribed or ordered by
39 a nurse practitioner to the extent authorized by law and consistent with
40 the written practice agreement pursuant to subdivision three of section
41 [six thousand nine hundred two of the education] fourteen hundred two of
42 the general business law and not prohibited by federal law or regu-
43 lation.
44 5. "Personal care services" means services to assist with personal
45 hygiene, dressing, feeding and household tasks essential to the
46 patient's health. Such services shall be prescribed by a physician in
47 accordance with a plan of home care supervised by a registered profes-
48 sional nurse. Such services may also be prescribed or ordered by a nurse
49 practitioner to the extent authorized by law and consistent with the
50 written practice agreement pursuant to subdivision three of section [six
51 thousand nine hundred two of the education] fourteen hundred two of the
52 general business law and not prohibited by federal law or regulations.
53 § 112. Subdivision 1 of section 3605 of the public health law, as
54 added by chapter 959 of the laws of 1984, is amended to read as follows:
55 1. After April first, nineteen hundred eighty-six, no home care
56 services agency which is engaged in providing, directly or through
S. 1407 378 A. 2107
1 contract arrangement, nursing services, home health aide services, or
2 personal care services shall be operated without a license issued by the
3 commissioner in accordance with the standards set forth in this section;
4 provided however, an agency which provides personal care or home care
5 services exclusively to individuals pursuant to a program administered,
6 operated or regulated by another state agency or an organization
7 licensed and operating exclusively as a nurses' registry pursuant to
8 article eleven of the general business law shall be exempt from the
9 licensure requirements of this chapter. The licensure requirements of
10 this chapter shall not apply to sole practitioners licensed pursuant to
11 sections [six thousand nine hundred five and six thousand nine hundred
12 six of the education] fourteen hundred five and fourteen hundred six of
13 the general business law.
14 § 113. Subdivisions 1, 2 and 3 of section 3700 of the public health
15 law, as amended by chapter 210 of the laws of 1975, are amended to read
16 as follows:
17 1. Physician's assistant. The term "physician's assistant" means a
18 person who is registered as a physician's assistant pursuant to section
19 [sixty-five hundred thirty-one of the education] eleven hundred one of
20 the general business law.
21 2. Specialist's assistant. The term "specialist's assistant" means a
22 person who is registered pursuant to section [sixty-five hundred thir-
23 ty-one of the education] eleven hundred one of the general business law
24 as a specialist's assistant for a particular medical specialty as
25 defined by regulations promulgated by the commissioner pursuant to
26 section thirty-seven hundred one of this article.
27 3. Physician. The term "physician" means a practitioner of medicine
28 licensed to practice medicine pursuant to [article one hundred thirty-
29 one of the education] subarticle two of article forty of the general
30 business law.
31 § 114. Subdivisions 2 and 5 of section 3701 of the public health law,
32 as amended by chapter 210 of the laws of 1975, are amended to read as
33 follows:
34 2. to promulgate regulations establishing such different medical
35 specialties for which specialist's [assistant's] assistants may be
36 registered by the [education] department of state pursuant to section
37 [sixty-five hundred thirty-one of the education] eleven hundred one of
38 the general business law as will most effectively increase the quality
39 of medical care available in this state provided, however, that no cate-
40 gory of specialist's assistant shall be established for areas in which
41 allied health professions are presently licensed under the [education
42 law or the public health law] general business law or this chapter.
43 5. to furnish the [education] department of state with suggested
44 criteria which may be used [by the education department] to help deter-
45 mine whether an applicant for registration as a physician's assistant or
46 specialist's assistant possesses equivalent education and training, such
47 as experience as a nurse or military corpsman, which may be accepted in
48 lieu of all or part of an approved program;
49 § 115. Paragraph (b) of subdivision 1 of section 4405-b of the public
50 health law, as amended by chapter 542 of the laws of 2000, is amended to
51 read as follows:
52 (b) An organization shall make a report to be made to the appropriate
53 professional disciplinary agency within thirty days of obtaining know-
54 ledge of any information that reasonably appears to show that a health
55 professional is guilty of professional misconduct as defined in [article
56 one hundred thirty or one hundred thirty-one-A of the education] subar-
S. 1407 379 A. 2107
1 ticle one or two-A of the general business law. A violation of this
2 subdivision shall not be subject to the provisions of section twelve-b
3 of this chapter.
4 § 116. Subdivision 2 of section 4702 of the public health law, as
5 amended by chapter 805 of the laws of 1984, is amended to read as
6 follows:
7 2. "Shared health facility" or "facility" means any arrangement where-
8 in four or more practitioners licensed under the provisions of [article
9 one hundred thirty-one, one hundred thirty-one-a, one hundred thirty-
10 two, one hundred thirty-three, one hundred thirty-seven, one hundred
11 thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
12 forty-four, one hundred fifty-six or one hundred fifty-nine of the
13 education] subarticle two, two-B, three, four, seven, eight, ten, elev-
14 en, twelve, twenty-one or twenty-three of article forty of the general
15 business law, one or more of whom receives payment under the program and
16 whose total aggregate monthly remuneration from such program is in
17 excess of five thousand dollars for any one month during the preceding
18 twelve months, (a) practice their professions at a common physical
19 location; and (b) share (i) common waiting areas, examining rooms,
20 treatment rooms or other space, or (ii) the services of supporting
21 staff, or (iii) equipment; and (c) a person, whether such person is a
22 practitioner or not, is in charge of, controls, manages or supervises
23 substantial aspects of the arrangement or operation for the delivery of
24 health or medical services at said common physical location, other than
25 the direct furnishing of professional services by the practitioners to
26 their patients, or a person makes available to the practitioners the
27 services of supporting staff who are not employees of the practitioners.
28 "Shared health facility" does not mean or include practitioners practic-
29 ing their profession as a partnership provided that members of the
30 supporting staff are employees of such legal entity and if there is an
31 office manager, or person with similar title, he is an employee of the
32 legal entity whose compensation is customary and not excessive for such
33 services and there is no person described in paragraph (c) of this
34 subdivision. "Shared health facility" does not mean or include any enti-
35 ty organized pursuant to the provisions of article twenty-eight of this
36 chapter or operating under a certificate issued pursuant to the
37 provisions of article thirteen of the mental hygiene law; nor shall it
38 mean or include a facility wherein ambulatory medical services are
39 provided by an organized group of physicians pursuant to an arrangement
40 between such group and a health services corporation operating under
41 article forty-three of the insurance law or a health maintenance organ-
42 ization operating under article forty-four of the public health law, and
43 where the health services corporation or the health maintenance organ-
44 ization is reimbursed on a prepaid capitation basis for the provision of
45 health care services under New York state's medical assistance program.
46 § 117. Subdivision 5 of section 503 of the real property tax law, as
47 added by chapter 472 of the laws of 1984, is amended to read as follows:
48 5. The preparation of tax maps in accordance with the provisions of
49 this section shall not be deemed to be the practice of land surveying
50 within the meaning and intent of [article one hundred forty-five of the
51 education] subarticle thirteen of article forty of the general business
52 law. Nothing contained in this section shall be construed as prohibiting
53 a licensed land surveyor from performing such service. The determination
54 and furnishing of vertical and horizontal control when necessary for
55 photogrammetric purposes to be used in the preparation of a tax map, or
56 any measurement function necessitating ground surveys shall be performed
S. 1407 380 A. 2107
1 by or under the supervision of a person licensed to practice land
2 surveying under [article one hundred forty-five of the education] subar-
3 ticle thirteen of article forty of the general business law.
4 § 118. Paragraph (g) of subdivision 2 and paragraph (a) of subdivision
5 4 of section 365-a of the social services law, paragraph (g) of subdivi-
6 sion 2 as amended by chapter 710 of the laws of 1988 and paragraph (a)
7 of subdivision 4 as amended by chapter 77 of the laws of 1977, are
8 amended to read as follows:
9 (g) sickroom supplies, eyeglasses, prosthetic appliances and dental
10 prosthetic appliances furnished in accordance with the regulations of
11 the department of health drugs provided on an in-patient basis, those
12 drugs contained on the list established by regulation of the commission-
13 er of health pursuant to subdivision four of this section, and those
14 drugs which may not be dispensed without a prescription as required by
15 section [sixty-eight hundred ten of the education] thirteen hundred
16 sixty of the general business law and which the commissioner of health
17 shall determine to be reimbursable based upon such factors as the avail-
18 ability of such drugs or alternatives at low cost if purchased by a
19 medicaid recipient, or the essential nature of such drugs as described
20 by such commissioner in regulations, provided, however, that such drugs,
21 exclusive of long-term maintenance drugs, shall be dispensed in quanti-
22 ties no greater than a thirty day supply or one hundred doses, whichever
23 is greater; medical assistance shall not include any drug provided on
24 other than an in-patient basis for which a recipient is charged or a
25 claim is made in the case of a prescription drug, in excess of the maxi-
26 mum reimbursable amounts to be established by department of health regu-
27 lations in accordance with standards established by the secretary of the
28 United States department of health and human services, or, in the case
29 of a drug not requiring a prescription, in excess of the maximum reim-
30 bursable amount established by the commissioner of health pursuant to
31 paragraph (a) of subdivision four of this section;
32 (a) drugs which may be dispensed without a prescription as required by
33 section [sixty-eight hundred ten of the education] thirteen hundred
34 sixty of the general business law; provided, however, that the state
35 commissioner of health may by regulation specify certain of such drugs
36 which may be reimbursed as an item of medical assistance in accordance
37 with the price schedule established by such commissioner;
38 § 119. Subdivision 3 of section 365-b of the social services law, as
39 added by chapter 770 of the laws of 1977, is amended to read as follows:
40 3. In addition to any other duty or responsibility which may be
41 assigned or delegated pursuant to law or regulation, each professional
42 director shall be responsible for monitoring the professional activ-
43 ities, directly related to the program, of providers practicing in his
44 social services district, and shall take all steps required or author-
45 ized by law or regulation to ensure that such activities are in compli-
46 ance with the provisions of this chapter, the public health law and
47 regulations promulgated thereunder, and do not violate the provisions of
48 section [sixty-five hundred nine of the education] nine hundred forty of
49 the general business law or regulations promulgated pursuant thereto.
50 § 120. Paragraph (a) of subdivision 7 and subdivision 9 of section
51 367-a of the social services law, paragraph (a) of subdivision 7 as
52 added by chapter 554 of the laws of 1978 and subdivision 9 as amended by
53 chapter 19 of the laws of 1998, are amended to read as follows:
54 (a) Every manufacturer or wholesaler of drugs, prescriptions or
55 poisons registered under the provisions of section [sixty-eight hundred
56 eight of the education] thirteen hundred fifty-eight of the general
S. 1407 381 A. 2107
1 business law, shall, upon request of the department of health for any
2 information pertaining to wholesale prices charged to pharmacists for
3 any drugs available under the medical assistance program, make the
4 requested information available to the department on a monthly basis, or
5 such other periodic basis as the department of health shall request.
6 9. Notwithstanding any inconsistent provision of law or regulation to
7 the contrary, for those drugs which may not be dispensed without a
8 prescription as required by section [sixty-eight hundred ten of the
9 education] thirteen hundred sixty of the general business law and for
10 which payment is authorized pursuant to paragraph (g) of subdivision two
11 of section three hundred sixty-five-a of this title, payments under this
12 title shall be made at the following amounts:
13 (a) for drugs provided by medical practitioners and claimed separately
14 by the practitioners, the actual cost of the drugs to the practitioners;
15 and
16 (b) for drugs dispensed by pharmacies:
17 (i) if the drug dispensed is a multiple source prescription drug for
18 which an upper limit has been set by the federal health care financing
19 administration, an amount equal to the specific upper limit set by such
20 federal agency for the multiple source prescription drug, and
21 (ii) if the drug dispensed is a multiple source prescription drug or a
22 brand-name prescription drug for which no specific upper limit has been
23 set by such federal agency, the lower of the estimated acquisition cost
24 of such drug to pharmacies, or the dispensing pharmacy's usual and
25 customary price charged to the general public. Estimated acquisition
26 cost means the average wholesale price of a prescription drug based upon
27 the package size dispensed from, as reported by the prescription drug
28 pricing service used by the department, less ten percent thereof, and
29 updated monthly by the department.
30 (c) Notwithstanding subparagraph (i) of paragraph (b) of this subdivi-
31 sion, if a qualified prescriber certifies "brand medically necessary" or
32 "brand necessary" in his or her own handwriting directly on the face of
33 a prescription for a multiple source drug for which a specific upper
34 limit of reimbursement has been established by the federal agency, in
35 addition to writing "d a w" in the box provided for such purpose on the
36 prescription form, payment under this title for such drug must be made
37 under the provisions of subparagraph (ii) of such paragraph.
38 (d) In addition to the amounts paid pursuant to paragraph (b) of this
39 subdivision to pharmacies for those drugs which may not be dispensed
40 without a prescription, as required by section [sixty-eight hundred ten
41 of the education] thirteen hundred sixty of the general business law and
42 for which payment is authorized pursuant to paragraph (g) of subdivision
43 two of section three hundred sixty-five-a of this title, the department
44 shall pay a pharmacy dispensing fee for each such prescription drug
45 dispensed, which dispensing fee shall not be less than the following
46 amounts:
47 (i) for prescription drugs categorized as generic by the prescription
48 drug pricing service used by the department, four dollars and fifty
49 cents per prescription; and
50 (ii) for prescription drugs categorized as brand-name prescription
51 drug by the prescription drug pricing service used by the department,
52 three dollars and fifty cents per prescription.
53 § 121. Subdivision 9 of section 367-a of the social services law, as
54 added by chapter 170 of the laws of 1994, is amended to read as follows:
55 9. Notwithstanding any inconsistent provision of law or regulation to
56 the contrary, for those drugs which may not be dispensed without a
S. 1407 382 A. 2107
1 prescription as required by section [sixty-eight hundred ten of the
2 education] thirteen hundred sixty of the general business law and for
3 which payment is authorized pursuant to paragraph (g) of subdivision two
4 of section three hundred sixty-five-a of this title, payments under this
5 title shall be made at the following amounts: (a) for drugs provided by
6 medical practitioners and claimed separately by the practitioners, the
7 actual cost of the drugs to the practitioners; and
8 (b) for drugs dispensed by pharmacies:
9 (i) if the drug dispensed is a multiple source prescription drug for
10 which an upper limit has been set by the federal health care financing
11 administration, an amount equal to the specific upper limit set by such
12 federal agency for the multiple source prescription drug, and
13 (ii) if the drug dispensed is a multiple source prescription drug or a
14 brand-name prescription drug for which no specific upper limit has been
15 set by such federal agency, the lower of the estimated acquisition cost
16 of such drug to pharmacies, or the dispensing pharmacy's usual and
17 customary price charged to the general public. Estimated acquisition
18 cost means the average wholesale price of a prescription drug based upon
19 the package size dispensed from, as reported by the prescription drug
20 pricing service used by the department, less ten percent thereof, and
21 updated monthly by the department.
22 (c) Notwithstanding subparagraph (i) of paragraph (b) of this subdivi-
23 sion, if a qualified prescriber certifies "brand medically necessary" or
24 "brand necessary" in his or her own handwriting directly on the face of
25 a prescription for a multiple source drug for which a specific upper
26 limit of reimbursement has been established by the federal agency, in
27 addition to writing "d a w" in the box provided for such purpose on the
28 prescription form, payment under this title for such drug must be made
29 under the provisions of subparagraph (ii) of such paragraph.
30 (d) In addition to the amounts paid pursuant to paragraph (b) of this
31 subdivision to pharmacies for those drugs which may not be dispensed
32 without a prescription, as required by section [sixty-eight hundred ten
33 of the education] thirteen hundred sixty of the general business law and
34 for which payment is authorized pursuant to paragraph (g) of subdivision
35 two of section three hundred sixty-five-a of this title, the department
36 shall pay a pharmacy dispensing fee for each such prescription drug
37 dispensed, which dispensing fee shall not be less than the following
38 amounts:
39 (i) for prescription drugs categorized as generic by the prescription
40 drug pricing service used by the department, five dollars and fifty
41 cents per prescription; and
42 (ii) for prescription drugs categorized as brand-name prescription
43 drug by the prescription drug pricing service used by the department,
44 four dollars and fifty cents per prescription.
45 § 122. Paragraph (e) of subdivision 6 of section 384-b of the social
46 services law, as amended by chapter 691 of the laws of 1991, is amended
47 to read as follows:
48 (e) In every proceeding upon a ground set forth in paragraph (c) of
49 subdivision four of this section the judge shall order the parent to be
50 examined by, and shall take the testimony of, a qualified psychiatrist
51 or a psychologist licensed pursuant to [article one hundred fifty-three
52 of the education] subarticle eighteen of article forty of the general
53 business law as defined in section 730.10 of the criminal procedure law
54 in the case of a parent alleged to be mentally ill or retarded, such
55 psychologist or psychiatrist to be appointed by the court pursuant to
56 section thirty-five of the judiciary law. The parent and the authorized
S. 1407 383 A. 2107
1 agency shall have the right to submit other psychiatric, psychological
2 or medical evidence. If the parent refuses to submit to such court-ord-
3 ered examination, or if the parent renders himself unavailable therefor
4 whether before or after the initiation of a proceeding under this
5 section, by departing from the state or by concealing himself therein,
6 the appointed psychologist or psychiatrist, upon the basis of other
7 available information, including, but not limited to, agency, hospital
8 or clinic records, may testify without an examination of such parent,
9 provided that such other information affords a reasonable basis for his
10 opinion.
11 § 123. Subparagraph (iv) of paragraph (a) of subdivision 5 of section
12 1750-b of the surrogate's court procedure act, as added by chapter 500
13 of the laws of 2002, is amended to read as follows:
14 (iv) any other health care practitioner providing services to the
15 mentally retarded person, who is licensed pursuant to [article one
16 hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,
17 one hundred thirty-three, one hundred thirty-six, one hundred thirty-
18 nine, one hundred forty-one, one hundred forty-three, one hundred
19 forty-four, one hundred fifty-three, one hundred fifty-four, one hundred
20 fifty-six, one hundred fifty-nine or one hundred sixty-four of the
21 education] subarticle two, two-B, three, four, six, eight, ten, eleven,
22 twelve, eighteen, nineteen, twenty-one, twenty-three, or twenty-eight of
23 article forty of the general business law; or
24 § 124. Paragraph 7 of subdivision (c) of section 1105 of the tax law,
25 as added by chapter 190 of the laws of 1990, is amended to read as
26 follows:
27 (7) Interior decorating and designing services, (whether or not in
28 conjunction with the sale of tangible personal property), by whomsoever
29 performed, including interior decorators and designers, architects or
30 engineers; notwithstanding the foregoing, such services shall not
31 include services which consist of the practice of architecture, as
32 defined in section [seventy-three hundred one of the education] seven-
33 teen hundred one of the general business law, or the practice of engi-
34 neering, as defined in section [seventy-two hundred one of the educa-
35 tion] sixteen hundred fifty-one of the general business law, if the
36 services are performed by an architect or engineer having a license or
37 permit under the [education] general business law.
38 § 125. Subdivision 2 of section 202-b of the town law, as amended by
39 chapter 511 of the laws of 1989, is amended to read as follows:
40 2. The town board may, on behalf of a park, public parking, ambulance,
41 lighting, snow removal, refuse and garbage, public dock or beach erosion
42 control district, and within the limitations of section one hundred
43 ninety-eight of this chapter, acquire additional apparatus and equipment
44 and replace obsolete, inadequate, damaged, destroyed or worn-out appara-
45 tus and equipment, and it may construct additional facilities and
46 appurtenances thereto or reconstruct or replace obsolete, inadequate,
47 damaged, destroyed or worn-out facilities and appurtenances thereto.
48 Such expenditure shall be authorized in the manner provided in subdivi-
49 sion one hereof, except that the map and plan described by said subdivi-
50 sion one shall not be required. However, nothing herein contained shall
51 be construed to limit or supersede the provisions of section [seventy-
52 two hundred three of the education] sixteen hundred fifty-three of the
53 general business law.
54 § 126. Subdivision 1 of section 509-g of the vehicle and traffic law,
55 as amended by chapter 600 of the laws of 2002, is amended to read as
56 follows:
S. 1407 384 A. 2107
1 1. A biennial examination pursuant to regulations established by the
2 commissioner, by a physician or a nurse practitioner to the extent
3 authorized by law and consistent with the written practice agreement
4 pursuant to subdivision three of section [six thousand nine hundred two
5 of the education] fourteen hundred two of the general business law who
6 is not the personal physician or nurse practitioner of the driver.
7 Included shall be a requirement to conduct a vision test pursuant to
8 regulations issued by the commissioner.
9 § 127. Subparagraphs (iii) and (iv) of paragraph (d) of subdivision 3,
10 and subparagraphs (iii) and (iv) of paragraph (d) of subdivision 4 of
11 section 13-c of the workers' compensation law, subparagraph (iii) of
12 paragraph (d) of subdivision 3 as added by chapter 803 of the laws of
13 1983, subparagraph (iv) of paragraph (d) of subdivision 3 as added by
14 chapter 649 of the laws of 1985, and subparagraphs (iii) and (iv) of
15 paragraph (d) of subdivision 4 as added by chapter 362 of the laws of
16 1986, are amended to read as follows:
17 (iii) When physical therapy care is required it shall be rendered by a
18 duly licensed physical therapist upon the referral which may be direc-
19 tive as to treatment of an authorized physician or podiatrist within the
20 scope of such physical therapist's specialized training and qualifica-
21 tions as defined in [article one hundred thirty-six of the education]
22 subarticle six of article forty of the general business law. Reports of
23 such treatment and records of instruction for treatment, if any, shall
24 be maintained by the physical therapist and referring professional and
25 submitted to the chairman on such forms and at such times as the chair-
26 man may require.
27 (iv) When occupational therapy care is required it shall be rendered
28 by a duly licensed and registered occupational therapist upon the
29 prescription or referral of an authorized physician within the scope of
30 such occupational therapist's specialized training and qualifications as
31 defined in [article one hundred fifty-six of the education] subarticle
32 twenty-one of article forty of the general business law. Reports of such
33 treatment and records of instruction for treatment, if any, shall be
34 maintained by the occupational therapist and referring professional and
35 submitted to the chairman on such forms and at such times as the chair-
36 man may require.
37 (iii) When physical therapy care is required it shall be rendered by a
38 duly licensed physical therapist upon the referral which may be direc-
39 tive as to treatment of an authorized physician or podiatrist within the
40 scope of such physical therapist's specialized training and qualifica-
41 tions as defined in [article one hundred thirty-six of the education]
42 subarticle six of article forty of the general business law. Reports of
43 such treatment and records of instruction for treatment, if any, shall
44 be maintained by the physical therapist and referring professional and
45 submitted to the chairman [of] on such forms and at such times as the
46 chairman may require.
47 (iv) When occupational therapy care is required it shall be rendered
48 by a duly licensed and registered occupational therapist upon the
49 prescription or referral of an authorized physician within the scope of
50 such occupational therapist's specialized training and qualifications as
51 defined in [article one hundred fifty-six of the education] subarticle
52 twenty-one of article forty of the general business law. Reports of such
53 treatment and records of instruction for treatment, if any, shall be
54 maintained by the occupational therapist and referring professional and
55 submitted to the chairman on such forms and at such times as the chair-
56 man may require.
S. 1407 385 A. 2107
1 Reports of such treatment and supervision shall be made by such physi-
2 cian to the chairman on such forms and at such times as the chairman may
3 require.
4 § 128. Subdivision 2 of section 13-l of the workers' compensation law,
5 as added by chapter 473 of the laws of 2000, is amended to read as
6 follows:
7 2. An employee injured under circumstances which make such injury
8 compensable under this article, when care is required for an injury
9 which consists solely of a condition which may lawfully be treated by a
10 chiropractor as defined in section [sixty-five hundred fifty-one of the
11 education] eleven hundred fifty-one of the general business law may
12 select to treat him or her, any duly registered and licensed chiroprac-
13 tor of the state of New York, authorized by the chair to render chirop-
14 ractic care as hereinafter provided. If the injury or condition is one
15 which is outside the limits prescribed by the [education] general busi-
16 ness law for chiropractic care and treatment, the said chiropractor must
17 so advise the said injured employee and instruct him or her to consult a
18 physician of said employee's choice for appropriate care and treatment.
19 Such physician shall thenceforth have supervision of the treatment of
20 said condition including the future treatment to be administered to the
21 patient by the chiropractor. A chiropractor licensed and registered to
22 practice chiropractic in the state of New York, who is desirous of being
23 authorized to render chiropractic care under this section and/or to
24 conduct independent medical examinations in accordance with paragraph
25 (b) of subdivision three of this section shall file an application for
26 authorization under this section with the chiropractic practice commit-
27 tee. In such application he or she shall agree to refrain from subse-
28 quently treating for remuneration, as a private patient, any person
29 seeking chiropractic treatment, or submitting to an independent medical
30 examination, in connection with, or as a result of, any injury compensa-
31 ble under this chapter, if he or she has been removed from the list of
32 chiropractors authorized to render chiropractic care or to conduct inde-
33 pendent medical examinations under this chapter, or if the person seek-
34 ing such treatment has been transferred from his or her care in accord-
35 ance with the provisions of this section. This agreement shall run to
36 the benefit of the injured person so treated, or examined, and shall be
37 available to him or her as a defense in any action by such chiropractor
38 for payment rendered by a chiropractor after he or she has been removed
39 from the list of chiropractors authorized to render chiropractic care or
40 to conduct independent medical examinations under this section, or after
41 the injured person was transferred from his or her care in accordance
42 with the provisions of this section. The chiropractic practice committee
43 if it deems such licensed chiropractor duly qualified shall recommend to
44 the chair that such be authorized to render chiropractic care and/or to
45 conduct independent medical examinations under this section. Such recom-
46 mendations shall be advisory to the chair only and shall not be binding
47 or conclusive upon him or her. The chair shall prepare and establish a
48 schedule for the state, or schedules limited to defined localities of
49 charges and fees for chiropractic treatment and care, to be determined
50 in accordance with and to be subject to change pursuant to rules promul-
51 gated by the chair. Before preparing such schedule for the state or
52 schedules for limited localities the chair shall request the chiroprac-
53 tic practice committee to submit to him or her a report on the amount of
54 remuneration deemed by such committee to be fair and adequate for the
55 types of chiropractic care to be rendered under this chapter, but
56 consideration shall be given to the view of other interested parties,
S. 1407 386 A. 2107
1 the amounts payable by the employer for such treatment and services
2 shall be the fees and charges established by such schedule.
3 § 129. Paragraph (a) of subdivision 2, and subdivisions 5 and 8 of
4 section 13-m of the workers' compensation law, as added by chapter 589
5 of the laws of 1989, are amended to read as follows:
6 (a) An injured employee, injured under circumstances which make such
7 injury compensable under this article, may lawfully be treated, upon the
8 referral of an authorized physician, by a psychologist, duly registered
9 and licensed by the state of New York, authorized by the chairman to
10 render psychological care pursuant to this section. Such services shall
11 be within the scope of such psychologist's specialized training and
12 qualifications as defined in [article one hundred fifty-three of the
13 education] subarticle eighteen of article forty of the general business
14 law.
15 5. Fees for psychological services shall be payable only to a duly
16 authorized psychologist as licensed in [article one hundred fifty-three
17 of the education] subarticle eighteen of article forty of the general
18 business law, or to the agent, executor or administrator of the estate
19 of such psychologist. No psychologist rendering treatment to a compen-
20 sation claimant shall collect or receive a fee from such claimant within
21 this state, but shall have recourse for payment of services rendered
22 only to the employer under the provisions of this section.
23 8. Within the limits prescribed by the [education] general business
24 law for psychological care and treatment, the report or testimony of an
25 authorized psychologist concerning the condition of an injured employee
26 and treatment thereof shall be deemed competent evidence and the profes-
27 sional opinion of the psychologist as to causal relation and as to
28 required treatment shall be deemed competent but shall not be control-
29 ling. Nothing in this section shall be deemed to deprive any employer or
30 insurance carrier of any right to a medical examination or presentation
31 of medical testimony now conferred by law.
32 § 130. This act shall take effect immediately; provided, however,
33 that:
34 (a) sections one through three, thirteen through seventeen, twenty-
35 five through twenty-seven, twenty-nine through fifty-seven, fifty-nine,
36 sixty-one, sixty-two, sixty-four, sixty-five, sixty-seven through seven-
37 ty, seventy-four, seventy-eight, eighty-two through eighty-six, ninety
38 through one hundred twenty, and one hundred twenty-two through one
39 hundred thirty of this act shall take effect on October 1, 2003;
40 (b) sections eighteen through twenty-four of this act shall take
41 effect immediately and be deemed to have been in full force and effect
42 on and after April 1, 2003;
43 (c) paragraph a of subdivision 3 of section 921 of the general busi-
44 ness law, as added by section three of this act, shall expire and be
45 deemed repealed on January 1, 2005;
46 (d) paragraph a of subdivision 3 of section 921 of the general busi-
47 ness law, as added by section four of this act, shall take effect on
48 January 1, 2005;
49 (e) subdivisions 3 and 4 of section 1204 of the general business law,
50 as added by section three of this act, shall expire and be deemed
51 repealed on January 1, 2006;
52 (f) subdivisions 3 and 4 of section 1204 of the general business law,
53 as added by section five of this act, shall take effect on January 1,
54 2006;
S. 1407 387 A. 2107
1 (g) subdivision 6 of section 1254 of the general business law, as
2 added by section three of this act, shall expire and be deemed repealed
3 on December 31, 2003;
4 (h) subdivision 6 of section 1254 of the general business law, as
5 added by section six of this act, shall take effect on December 31,
6 2003;
7 (i) subdivision 5 of section 1261 of the general business law, as
8 added by section three of this act, shall expire and be deemed repealed
9 on December 31, 2003;
10 (j) subdivision 5 of section 1261 of the general business law, as
11 added by section seven of this act, shall take effect on December 31,
12 2003;
13 (k) subdivision c of section 1308 of the general business law, as
14 added by section three of this act, shall expire and be deemed repealed
15 on June 30, 2006;
16 (k-1) subdivision d of section 1308 of the general business law, as
17 added by section three of this act, shall expire and be deemed repealed
18 June 30, 2005;
19 (l) subdivision 5 of section 1409 of the general business law, as
20 added by section eight of this act, shall take effect on January 1,
21 2005;
22 (m) section 1662 of the general business law, as added by section nine
23 of this act, shall take effect on January 1, 2004 and shall expire and
24 be deemed repealed on June 30, 2014;
25 (n) section 1663 of the general business law, as added by section ten
26 of this act, shall take effect on January 1, 2004;
27 (o) subarticle 19 of article 40 of the general business law, as added
28 by section three of this act, shall expire and be deemed repealed on
29 September 1, 2004;
30 (p) subarticle 19 of article 40 of the general business law, as added
31 by section eleven of this act, shall take effect on September 1, 2004;
32 and
33 (q) subarticle 27 of article 40 of the general business law, as added
34 by section twelve of this act, shall take effect on January 1, 2005.
35 (r) section twenty-eight of this act shall take effect on the same
36 date as section 12 of chapter 676 of the laws of 2002, takes effect;
37 (s) sections fifty-eight and sixty of this act shall take effect on
38 the same date as section 6 of chapter 420 of the laws of 2002, takes
39 effect, when upon such date the provisions of sections fifty-seven and
40 fifty-nine of this act shall expire and be deemed repealed;
41 (t) sections sixty-three and sixty-six of this act shall take effect
42 on the same date as section 7 of chapter 420 of the laws of 2002, takes
43 effect, when upon such date the provisions of sections sixty-two and
44 sixty-five of this act shall expire and be deemed repealed;
45 (u) the amendments to paragraph (a) of subdivision 3 of section 260 of
46 the public health law made by section one hundred two of this act shall
47 not affect the expiration of such section and shall expire and be deemed
48 repealed therewith;
49 (v) the amendments to subdivision 9 of section 367-a of the social
50 services law, made by section one hundred twenty of this act shall be
51 subject to the expiration and reversion of such subdivision pursuant to
52 chapter 18 of the laws of 1998, as amended, when upon such date the
53 provisions of section one hundred twenty-one of this act shall take
54 effect;
55 (w) in the event chapter 420 of the laws of 2002 takes effect before
56 chapter 676 of the laws of 2002, section seventy-one of this act shall
S. 1407 388 A. 2107
1 take effect on the same date as section 3 of chapter 420 of the laws of
2 2002 as amended, when upon such date sections seventy and seventy-two of
3 this act shall expire and be deemed repealed, and provided further, that
4 in the event chapter 676 of the laws of 2002 takes effect before chapter
5 420 of the laws of 2002, then section seventy-two of this act shall take
6 effect on the same date as section 14 of chapter 676 of the laws of 2002
7 when upon such date sections seventy and seventy-one of this act shall
8 expire and be deemed repealed, and provided further, that section seven-
9 ty-three of this act shall take effect on the same date as section 3 of
10 chapter 420 or section 14 of chapter 676 of the laws of 2002, takes
11 effect, whichever date is later when upon such date sections seventy,
12 seventy-one, and seventy-two of this act shall expire and be deemed
13 repealed;
14 (x) in the event chapter 420 of the laws of 2002 takes effect before
15 chapter 676 of the laws of 2002, section seventy-five of this act shall
16 take effect on the same date as section 3 of chapter 420 of the laws of
17 2002, as amended, when upon such date sections seventy-four and seven-
18 ty-six of this act shall expire and be deemed repealed, and provided
19 further, that in the event chapter 676 of the laws of 2002 takes effect
20 before chapter 420 of the laws of 2002, then section seventy-six of this
21 act shall take effect on the same date as section 14 of chapter 676 of
22 the laws of 2002 when upon such date sections seventy-four and seventy-
23 five of this act shall expire and be deemed repealed, and provided
24 further, that section seventy-seven of this act shall take effect on the
25 same date as section 3 of chapter 420 or section 14 of chapter 676 of
26 the laws of 2002, takes effect, whichever date is later when upon such
27 date sections seventy-four, seventy-five, and seventy-six of this act
28 shall expire and be deemed repealed;
29 (y) in the event chapter 420 of the laws of 2002 takes effect before
30 chapter 676 of the laws of 2002, section seventy-nine of this act shall
31 take effect on the same date as section 3 of chapter 420 of the laws of
32 2002, as amended, when upon such date section seventy-eight and eighty
33 of this act shall expire and be deemed repealed, and provided further,
34 that in the event chapter 676 of the laws of 2002 takes effect before
35 chapter 420 of the laws of 2002, then section eighty of this act shall
36 take effect on the same date as section 14 of chapter 676 of the laws of
37 2002 when upon such date section seventy-nine of this act shall expire
38 and be deemed repealed, and provided further, that section eighty-one of
39 this act shall take effect on the same date as section 3 of chapter 420
40 or section 14 of chapter 676 of the laws of 2002, takes effect, whichev-
41 er date is later when upon such date sections seventy-eight, seventy-
42 nine, and eighty of this act shall expire and be deemed repealed;
43 (z) in the event chapter 420 of the laws of 2002 takes effect before
44 chapter 676 of the laws of 2002, section eighty-seven of this act shall
45 take effect on the same date as section 3 of chapter 420 of the laws of
46 2002, as amended, when upon such date sections eighty-six and eighty-
47 eight of this act shall expire and be deemed repealed, and provided
48 further, that in the event chapter 676 of the laws of 2002 takes effect
49 before chapter 420 of the laws of 2002, then section eighty-eight of
50 this act shall take effect on the same date as section 14 of chapter 676
51 of the laws of 2002 when upon such date section eighty-seven of this act
52 shall expire and be deemed repealed, and provided further, that section
53 eighty-nine of this act shall take effect on the same date as section 3
54 of chapter 420 or section 14 of chapter 676 of the laws of 2002, takes
55 effect, whichever date is later when upon such date sections eighty-six,
S. 1407 389 A. 2107
1 eighty-seven, and eighty-eight of this act shall expire and be deemed
2 repealed; and
3 (aa) section ninety-one of this act shall take effect on the same date
4 as section 17 of chapter 676 of the laws of 2002, takes effect, when
5 upon such date the provisions of section ninety of this act shall expire
6 and be deemed repealed.
7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this act shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair, or invalidate the remainder thereof, but shall be confined in
11 its operation to the clause, sentence, paragraph, subdivision, section
12 or part thereof directly involved in the controversy in which such judg-
13 ment shall have been rendered. It is hereby declared to be the intent of
14 the legislature that this act would have been enacted even if such
15 invalid provisions had not been included herein.
16 § 3. This act shall take effect immediately provided, however, that
17 the applicable effective date of Parts A through T of this act shall be
18 as specifically set forth in the last section of such Parts.