S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5862--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

Introduced  by  Sens.  LAVALLE, BOYLE, PARKER, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules -- recommitted to the Committee on Corporations, Authorities and
  Commissions  in  accordance  with  Senate  Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the limited liability company law, the  business  corpo-
  ration  law,  the  partnership  law,  the education law and the public
  health  law,  in  relation  to  authorizing  certain  licensed  health
  services professionals to form limited liability companies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1203 of  the  limited  liability
company  law,  as amended by chapter 554 of the laws of 2013, is amended
to read as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  SECTION,  ANY
PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE
MEDICINE  AND  ANY  PERSON  LICENSED PURSUANT TO ARTICLES 132, 137, 140,
141, 143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION 6902  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11509-02-6
              

S. 5862--A                          2

ARTICLE  139  OF  THE  EDUCATION  LAW MAY FORM, OR CAUSE TO BE FORMED, A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY TO PROVIDE MULTIDISCIPLI-
NARY SERVICES WITH ONE OR MORE LICENSED PROFESSIONALS,  SUBJECT  TO  THE
FOLLOWING  CONDITIONS: (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW  TO  PRAC-
TICE  HIS  OR  HER PROFESSION IN THIS STATE; (II) EACH MEMBER SHALL ONLY
PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN  HIS  OR  HER  RESPECTIVE
PROFESSIONAL  ENABLING  STATUTE  UNDER TITLE EIGHT OF THE EDUCATION LAW;
AND (III) ANY CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES UNDER  THIS
SECTION  SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY
OF THE MEMBERS; PROVIDED FURTHER THAT: (A) NO MEMBER SHALL, DIRECTLY  OR
INDIRECTLY,  INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL
PRACTICE OF ANOTHER MEMBER; AND (B) NO  MEMBER  SHALL  ORDER  OR  DIRECT
ANOTHER  MEMBER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE. With
respect to a professional service limited liability  company  formed  to
provide  dental  services as such services are defined in article 133 of
the education law, each member of such limited liability company must be
licensed pursuant to article  133  of  the  education  law  to  practice
dentistry  in this state. With respect to a professional service limited
liability company formed to provide veterinary services as such services
are defined in article 135 of the education law,  each  member  of  such
limited  liability  company  must be licensed pursuant to article 135 of
the education law to practice veterinary medicine in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide professional engineering, land surveying,  architectural  and/or
landscape architectural services as such services are defined in article
145,  article  147  and article 148 of the education law, each member of
such limited liability company must be licensed pursuant to article 145,
article 147 and/or article 148 of the education law to practice  one  or
more  of such professions in this state. [With respect to a professional
service limited liability company formed to  provide  licensed  clinical
social  work services as such services are defined in article 154 of the
education law, each member of such limited liability  company  shall  be
licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state.] With respect to a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice  psychoanalysis  in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide applied behavior analysis services as such services are  defined

S. 5862--A                          3

in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education  law  to  practice applied behavior analysis in this state. In
addition  to  engaging in such profession or professions, a professional
service limited liability company may engage in any  other  business  or
activities  as  to which a limited liability company may be formed under
section two hundred one of this  chapter.    Notwithstanding  any  other
provision  of  this  section,  a  professional service limited liability
company (i) authorized to  practice  law  may  only  engage  in  another
profession  or  business  or  activities  or  (ii) which is engaged in a
profession or other business or  activities  other  than  law  may  only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals.
  S  2. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS SECTION, ANY PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE  EDUCA-
TION  LAW TO PRACTICE MEDICINE AND ANY PERSON LICENSED PURSUANT TO ARTI-
CLES 132, 137, 140, 141, 143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3
OF SECTION 6902 OF ARTICLE 139 OF THE EDUCATION LAW MAY FORM,  OR  CAUSE
TO  BE  FORMED,  A  PROFESSIONAL  SERVICE  LIMITED  LIABILITY COMPANY TO
PROVIDE MULTIDISCIPLINARY SERVICES WITH ONE  OR  MORE  LICENSED  PROFES-
SIONALS,  SUBJECT  TO  THE FOLLOWING CONDITIONS: (I) EACH MEMBER OF SUCH
LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO  TITLE  EIGHT  OF
THE  EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN THIS STATE; (II)
EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION  AS  SPECIFIED  IN
HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER TITLE EIGHT OF
THE  EDUCATION  LAW;  AND (III) ANY CLINICAL INTEGRATION OF PROFESSIONAL
PRACTICES UNDER THIS SECTION SHALL NOT  ALTER,  EXPAND  OR  CURTAIL  THE
SCOPE  OF  PRACTICE OF ANY OF THE MEMBERS; PROVIDED FURTHER THAT: (A) NO
MEMBER SHALL, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL  JUDG-
MENT  OR  LEGITIMATE  CLINICAL  PRACTICE  OF  ANOTHER MEMBER; AND (B) NO
MEMBER SHALL ORDER OR DIRECT ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE
OF HIS OR HER LICENSE. With respect to a  professional  service  limited
liability company formed to provide dental services as such services are
defined in article 133 of the education law, each member of such limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a profes-
sional service limited liability company formed  to  provide  veterinary
services  as  such  services are defined in article 135 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  135  of  the education law to practice veterinary
medicine in this state. With respect to a professional  service  limited
liability  company  formed  to  provide  professional  engineering, land
surveying, architectural and/or landscape architectural services as such
services are defined in article 145, article 147 and article 148 of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
[With respect to a professional service limited liability company formed

S. 5862--A                          4

to  provide  licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law to practice licensed clinical social work in this state.]
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state. With respect to a professional service limited  liability
company  formed  to  provide  applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied  behavior  analysis
in this state.
  S  3. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-

S. 5862--A                          5

cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.    NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  THIS SECTION, ANY PERSON LICENSED PURSUANT TO
ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDICINE  AND  ANY  PERSON
LICENSED  PURSUANT  TO  ARTICLES 132, 137, 140, 141, 143, 144, 153, 154,
155 OR 156 OR SUBDIVISION 3 OF SECTION 6902 OF ARTICLE 139 OF THE EDUCA-
TION LAW MAY FORM, OR CAUSE TO BE FORMED, A FOREIGN PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY TO PROVIDE MULTIDISCIPLINARY SERVICES WITH ONE
OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDITIONS: (A)
EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED  PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN
THIS STATE; (B) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION AS
SPECIFIED  IN  HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER
TITLE EIGHT OF THE EDUCATION LAW; AND (C) ANY  CLINICAL  INTEGRATION  OF
PROFESSIONAL  PRACTICES  UNDER  THIS  SECTION SHALL NOT ALTER, EXPAND OR
CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE  MEMBERS;  PROVIDED  FURTHER
THAT:  (1)  NO  MEMBER SHALL, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF ANOTHER MEMBER; AND
(2) NO MEMBER SHALL ORDER OR DIRECT ANOTHER MEMBER  TO  PRACTICE  BEYOND
THE  SCOPE OF HIS OR HER LICENSE. With respect to a foreign professional
service limited liability company which provides dental services as such
services are defined in article 133 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  133  of  the  education law to practice
dentistry in this state. With respect to a foreign professional  service
limited  liability company which provides professional engineering, land
surveying, architectural and/or landscape architectural services as such
services are defined in article 145, article 147 and article 148 of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 145, article  147
and/or  article 148 of the education law to practice one or more of such
professions in this state.  [With  respect  to  a  foreign  professional
service  limited  liability  company  which  provides  licensed clinical
social work services as such services are defined in article 154 of  the
education  law, each member of such foreign professional service limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to  practice  clinical  social work in this state.] With
respect to a foreign  professional  service  limited  liability  company
which  provides  creative  arts  therapy  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect  to  a  foreign  professional  service  limited
liability company which provides marriage and family therapy services as
such  services  are  defined  in  article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy  in  this  state.  With  respect  to  a
foreign  professional  service  limited liability company which provides
mental health counseling services as such services are defined in  arti-

S. 5862--A                          6

cle  163  of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant  to  article
163  of  the  education law to practice mental health counseling in this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this state.
  S 4. Paragraph (a) of section 1503 of the business corporation law, as
amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
follows:
  (a)  Notwithstanding any other provision of law, (I) one or more indi-
viduals duly authorized by law to render the same  professional  service
within  the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit  under  this  article  for  the
purpose  of  rendering the same professional service, except that one or
more individuals duly authorized by law to practice  professional  engi-
neering,  architecture,  landscape architecture or land surveying within
the state may organize, or cause to be organized, a professional service
corporation or a design professional service corporation  for  pecuniary
profit under this article for the purpose of rendering such professional
services as such individuals are authorized to practice, AND (II) ONE OR
MORE INDIVIDUALS LICENSED TO PRACTICE PURSUANT TO ARTICLE 131 AND ONE OR
MORE  INDIVIDUALS  LICENSED PURSUANT TO ARTICLE 132, 137, 140, 141, 143,
144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION  6902  OF  ARTICLE
139  OF  TITLE  EIGHT  OF THE EDUCATION LAW MAY ORGANIZE, OR CAUSE TO BE
ORGANIZED, FOR BUSINESS PURPOSES ONLY,  A  PROFESSIONAL  SERVICE  CORPO-
RATION FORMED FOR PECUNIARY PROFIT UNDER THIS ARTICLE FOR THE PURPOSE OF
RENDERING  MULTIDISCIPLINARY  SERVICES WITHIN SUCH A CORPORATION AS SUCH
INDIVIDUALS ARE AUTHORIZED  TO  PRACTICE  INDIVIDUALLY  IN  HIS  OR  HER
RESPECTIVE  PROFESSIONS,  SUBJECT  TO  THE  FOLLOWING CONDITIONS: (A) AN
INDIVIDUAL WHO ORGANIZES, OR CAUSES TO ORGANIZE, SUCH  CORPORATION  MUST
BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW TO PRACTICE HIS
OR HER PROFESSION IN THIS STATE; (B) EACH MEMBER SHALL ONLY PRACTICE HIS
OR  HER  PROFESSION  AS  SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
ENABLING STATUTE UNDER TITLE EIGHT OF THE EDUCATION LAW; (C)  ANY  CLIN-
ICAL  INTEGRATION OF PROFESSIONAL PRACTICES UNDER THIS SECTION SHALL NOT
ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY  OF  THE  MEMBERS;
(D)  NO  INDIVIDUAL  SHALL,  DIRECTLY  OR INDIRECTLY, INTERFERE WITH THE
CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF ANOTHER INDIVIDUAL;
AND (E) NO INDIVIDUAL SHALL ORDER OR DIRECT ANOTHER INDIVIDUAL TO  PRAC-
TICE BEYOND THE SCOPE OF HIS OR HER LICENSE.
  S  5.  Subdivision  (q) of section 121-1500 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article 131 of the education law to practice medicine in this state [and
each].  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, ANY PERSON
LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDI-

S. 5862--A                          7

CINE  AND  ANY  OTHER PERSON LICENSED PURSUANT TO ARTICLE 132, 137, 140,
141, 143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION 6902  OF
ARTICLE  139  OF  THE  EDUCATION  LAW MAY FORM, OR CAUSE TO BE FORMED, A
REGISTERED  LIMITED  LIABILITY  PARTNERSHIP TO PROVIDE MULTIDISCIPLINARY
SERVICES WITH ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOW-
ING CONDITIONS: (I) EACH PARTNER OF SUCH LIMITED  LIABILITY  PARTNERSHIP
MUST  BE  LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW TO PRAC-
TICE HIS OR HER PROFESSION IN THIS STATE; (II) EACH PARTNER  SHALL  ONLY
PRACTICE  HIS  OR  HER  PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE
PROFESSIONAL ENABLING STATUTE UNDER TITLE EIGHT OF  THE  EDUCATION  LAW;
AND  (III) ANY CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES UNDER THIS
SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF  ANY
OF  THE  PARTNERS; PROVIDED FURTHER THAT: (A) NO PARTNER SHALL, DIRECTLY
OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE  CLIN-
ICAL  PRACTICE  OF  ANOTHER  PARTNER;  AND (B) NO PARTNER SHALL ORDER OR
DIRECT ANOTHER PARTNER TO PRACTICE  BEYOND  THE  SCOPE  OF  HIS  OR  HER
LICENSE.  EACH  partner  of  a  registered limited liability partnership
formed to provide dental services in this state must be licensed  pursu-
ant  to  article  133 of the education law to practice dentistry in this
state.   Each partner of  a  registered  limited  liability  partnership
formed  to  provide  veterinary  services in this state must be licensed
pursuant to article 135 of the  education  law  to  practice  veterinary
medicine  in  this state. Each partner of a registered limited liability
partnership formed to provide professional engineering, land  surveying,
architectural and/or landscape architectural services in this state must
be  licensed  pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such  professions  in  this
state.  [Each  partner  of  a  registered  limited liability partnership
formed to provide licensed clinical social work services in  this  state
must  be  licensed pursuant to article 154 of the education law to prac-
tice clinical social work in this state.] Each partner of  a  registered
limited  liability  partnership  formed to provide creative arts therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  creative  arts therapy in this state. Each
partner of a registered limited liability partnership formed to  provide
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state.  Each  partner of a registered limited
liability  partnership  formed  to  provide  mental  health   counseling
services  in  this state must be licensed pursuant to article 163 of the
education law to practice mental health counseling in this  state.  Each
partner  of a registered limited liability partnership formed to provide
psychoanalysis services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice psychoanalysis in  this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide applied behavior analysis service in this state must be licensed
or certified pursuant to article 167 of the education  law  to  practice
applied behavior analysis in this state.
  S  6.  Subdivision  (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131 of the education law to practice medicine in the state [and
each]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  ANY  PERSON
LICENSED  PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE MEDI-

S. 5862--A                          8

CINE AND ANY PERSON LICENSED PURSUANT TO ARTICLES 132,  137,  140,  141,
143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION 6902 OF ARTI-
CLE  139 OF THE EDUCATION LAW MAY FORM, OR CAUSE TO BE FORMED, A FOREIGN
LIMITED LIABILITY PARTNERSHIP TO PROVIDE MULTIDISCIPLINARY SERVICES WITH
ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDITIONS:
(I)  EACH  PARTNER OF SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP MUST BE
LICENSED PURSUANT TO  TITLE EIGHT OF THE EDUCATION LAW TO  PRACTICE  HIS
OR  HER  PROFESSION IN THIS STATE; (II) EACH PARTNER SHALL ONLY PRACTICE
HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
ENABLING STATUE UNDER TITLE EIGHT OF THE EDUCATION LAW;  AND  (III)  ANY
CLINICAL  INTEGRATION OF PROFESSIONAL PRACTICES UNDER THIS SECTION SHALL
NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF  THE  PART-
NERS; PROVIDED FURTHER THAT: (A) NO PARTNER SHALL, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  ANOTHER  PARTNER;  AND  (B) NO PARTNER SHALL ORDER OR DIRECT ANOTHER
PARTNER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE. EACH partner
of  a  foreign  limited  liability  partnership  which  provides  dental
services  in  the  state must be licensed pursuant to article 133 of the
education law to practice dentistry in this state.  Each  partner  of  a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such  professions. [Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law  to  prac-
tice  licensed  clinical  social  work in this state.] Each partner of a
foreign limited liability partnership which provides creative arts ther-
apy services in this state must be licensed pursuant to article  163  of
the  education law to practice creative arts therapy in this state. Each
partner of  a  foreign  limited  liability  partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner  of
a  foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or  certified  pursuant
to  article 167 of the education law to practice applied behavior analy-
sis in this state.
  S 7. Subdivision (a) of section 1203 of the limited liability  company
law,  as  amended by chapter 475 of the laws of 2014, is amended to read
as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-

S. 5862--A                          9

cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state.  NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SECTION,  ANY
PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE
MEDICINE  AND  ANY  PERSON  LICENSED PURSUANT TO ARTICLES 132, 137, 140,
141, 143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION 6902  OF
ARTICLE  139  OF  THE  EDUCATION  LAW MAY FORM, OR CAUSE TO BE FORMED, A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY TO PROVIDE MULTIDISCIPLI-
NARY SERVICES WITH ONE OR MORE LICENSED PROFESSIONALS,  SUBJECT  TO  THE
FOLLOWING  CONDITIONS: (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW  TO  PRAC-
TICE  HIS  OR  HER PROFESSION IN THIS STATE; (II) EACH MEMBER SHALL ONLY
PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN  HIS  OR  HER  RESPECTIVE
PROFESSIONAL ENABLING STATUE UNDER TITLE EIGHT OF THE EDUCATION LAW; AND
(III)  ANY  CLINICAL  INTEGRATION  OF  PROFESSIONAL PRACTICES UNDER THIS
SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF  ANY
OF  THE MEMBERS; PROVIDED FURTHER THAT: (A) NO MEMBER SHALL, DIRECTLY OR
INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE  CLINICAL
PRACTICE  OF  ANOTHER  MEMBER;  AND  (B) NO MEMBER SHALL ORDER OR DIRECT
ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE.  With
respect  to  a  professional service limited liability company formed to
provide dental services as such services are defined in article  133  of
the education law, each member of such limited liability company must be
licensed  pursuant  to  article  133  of  the  education law to practice
dentistry in this state. With respect to a professional service  limited
liability company formed to provide veterinary services as such services
are  defined  in  article  135 of the education law, each member of such
limited liability company must be licensed pursuant to  article  135  of
the  education  law  to practice veterinary medicine in this state. With
respect to a professional service limited liability  company  formed  to
provide  professional  engineering, land surveying, architectural, land-
scape architectural and/or geological  services  as  such  services  are
defined  in  article  145,  article 147 and article 148 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or more of such professions in this state. [With
respect to a professional service limited liability  company  formed  to
provide  licensed  clinical  social  work  services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law to practice licensed clinical social work in this state.]
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental

S. 5862--A                         10

health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state. With respect to a professional service limited  liability
company  formed  to  provide  applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied  behavior  analysis
in   this   state.  In  addition  to  engaging  in  such  profession  or
professions, a professional service limited liability company may engage
in any other business or activities as  to  which  a  limited  liability
company  may  be  formed  under section two hundred one of this chapter.
Notwithstanding any other provision  of  this  section,  a  professional
service  limited  liability  company  (i) authorized to practice law may
only engage in another profession or  business  or  activities  or  (ii)
which  is  engaged in a profession or other business or activities other
than law may only engage in the practice  of  law,  to  the  extent  not
prohibited  by  any  other  law of this state or any rule adopted by the
appropriate appellate division of the supreme  court  or  the  court  of
appeals.
  S  8. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state.  NOTWITHSTANDING ANY OTHER PROVISION OF
THIS  SECTION, ANY PERSON LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCA-
TION LAW TO PRACTICE MEDICINE AND ANY PERSON LICENSED PURSUANT TO  ARTI-
CLES 132, 137, 140, 141, 143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3
OF  SECTION  6902 OF ARTICLE 139 OF THE EDUCATION LAW MAY FORM, OR CAUSE
TO BE FORMED,  A  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY  TO
PROVIDE  MULTIDISCIPLINARY  SERVICES  WITH  ONE OR MORE LICENSED PROFES-
SIONALS, SUBJECT TO THE FOLLOWING CONDITIONS: (I) EACH  MEMBER  OF  SUCH
LIMITED  LIABILITY  COMPANY  MUST BE LICENSED PURSUANT TO TITLE EIGHT OF
THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN THIS STATE;  (II)
EACH  MEMBER  SHALL  ONLY PRACTICE HIS OR HER PROFESSION AS SPECIFIED IN
HIS OR HER RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER TITLE EIGHT OR
THE EDUCATION LAW; AND (III) ANY CLINICAL  INTEGRATION  OF  PROFESSIONAL
PRACTICES  UNDER  THIS  SECTION  SHALL  NOT ALTER, EXPAND OR CURTAIL THE
SCOPE OF PRACTICE OF ANY OF THE MEMBERS; PROVIDED FURTHER THAT:  (A)  NO
MEMBER SHALL, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE CLINICAL JUDGE-
MENT  OR  LEGITIMATE  CLINICAL  PRACTICE  OF  ANOTHER MEMBER; AND (B) NO
MEMBER SHALL ORDER OR DIRECT ANOTHER MEMBER TO PRACTICE BEYOND THE SCOPE
OF HIS OR HER LICENSE. With respect to a  professional  service  limited
liability company formed to provide dental services as such services are
defined in article 133 of the education law, each member of such limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a profes-
sional service limited liability company formed  to  provide  veterinary

S. 5862--A                         11

services  as  such  services are defined in article 135 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  135  of  the education law to practice veterinary
medicine  in  this state. With respect to a professional service limited
liability company  formed  to  provide  professional  engineering,  land
surveying,  architectural,  landscape  architectural  and/or  geological
services as such services are defined in article 145,  article  147  and
article  148 of the education law, each member of such limited liability
company must be licensed pursuant to article  145,  article  147  and/or
article  148  of  the  education  law  to  practice  one or more of such
professions in this state.  [With  respect  to  a  professional  service
limited  liability  company  formed  to provide licensed clinical social
work services as such services are defined in article 154 of the  educa-
tion  law,  each  member  of  such  limited  liability  company shall be
licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical social work in this state.] With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined  in  article  163  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of  the  education  law  to  practice psychoanalysis in this state. With
respect to a professional service limited liability  company  formed  to
provide  applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
  S 9. Subdivision (a) of section 1301 of the limited liability  company
law,  as  amended by chapter 475 of the laws of 2014, is amended to read
as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such

S. 5862--A                         12

professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.    NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  THIS SECTION, ANY PERSON LICENSED PURSUANT TO
ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDICINE  AND  ANY  PERSON
LICENSED  PURSUANT  TO  ARTICLES 132, 137, 140, 141, 143, 144, 153, 154,
155 OR 156 OR SUBDIVISION 3 OF SECTION 6902 OF ARTICLE 139 OF THE EDUCA-
TION LAW MAY FORM, OR CAUSE TO BE FORMED, A FOREIGN PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY TO PROVIDE MULTIDISCIPLINARY SERVICES WITH ONE
OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDITIONS: (I)
EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED  PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW TO PRACTICE HIS OR HER PROFESSION IN
THIS  STATE;  (II) EACH MEMBER SHALL ONLY PRACTICE HIS OR HER PROFESSION
AS SPECIFIED IN HIS OR  HER  RESPECTIVE  PROFESSIONAL  ENABLING  STATUTE
UNDER  TITLE  EIGHT  OF  THE EDUCATION LAW; AND (III) ANY CLINICAL INTE-
GRATION OF PROFESSIONAL PRACTICES UNDER THIS SECTION  SHALL  NOT  ALTER,
EXPAND  OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE MEMBERS; PROVIDED
FURTHER THAT: (A) NO MEMBER SHALL,  DIRECTLY  OR  INDIRECTLY,  INTERFERE
WITH  THE  CLINICAL  JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF ANOTHER
MEMBER; AND (B) NO MEMBER SHALL ORDER OR DIRECT ANOTHER MEMBER TO  PRAC-
TICE  BEYOND  THE SCOPE OF HIS OR HER LICENSE. With respect to a foreign
professional service limited liability  company  which  provides  dental
services  as  such  services are defined in article 133 of the education
law, each member of such foreign professional service limited  liability
company must be licensed pursuant to article 133 of the education law to
practice dentistry in this state. With respect to a foreign professional
service  limited liability company which provides professional engineer-
ing, land surveying, geologic, architectural and/or landscape  architec-
tural  services as such services are defined in article 145, article 147
and article 148 of the  education  law,  each  member  of  such  foreign
professional service limited liability company must be licensed pursuant
to  article  145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. [With respect to
a foreign professional service limited liability company which  provides
licensed  clinical  social work services as such services are defined in
article 154 of the education law, each member of  such  foreign  profes-
sional  service  limited liability company shall be licensed pursuant to
article 154 of the education law to practice  clinical  social  work  in
this  state.]  With  respect  to  a foreign professional service limited
liability company which provides creative arts therapy services as  such

S. 5862--A                         13

services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a foreign professional
service limited liability company which  provides  marriage  and  family
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 163 of the educa-
tion  law  to  practice  marriage and family therapy in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state. With respect  to  a  foreign  professional
service limited liability company which provides applied behavior analy-
sis  services  as such services are defined in article 167 of the educa-
tion law, each member  of  such  foreign  professional  service  limited
liability  company must be licensed or certified pursuant to article 167
of the education law to  practice  applied  behavior  analysis  in  this
state.
  S  10.  Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 475 of the laws of 2014, is  amended  to  read  as
follows:
  (a)  Notwithstanding any other provision of law, (I) one or more indi-
viduals duly authorized by law to render the same  professional  service
within  the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit  under  this  article  for  the
purpose  of  rendering the same professional service, except that one or
more individuals duly authorized by law to practice  professional  engi-
neering, architecture, landscape architecture, land surveying or geology
within  the state may organize, or cause to be organized, a professional
service corporation or a design  professional  service  corporation  for
pecuniary  profit  under  this article for the purpose of rendering such
professional services as such individuals are  authorized  to  practice,
AND  (II) ONE OR MORE INDIVIDUALS LICENSED TO PRACTICE PURSUANT TO ARTI-
CLE 131 AND ONE OR MORE INDIVIDUALS LICENSED PURSUANT TO  ARTICLES  132,
137,  140,  141,  143,  144,  153,  154,  155 OR 156 OR SUBDIVISION 3 OF
SECTION 6902 OF ARTICLE 139 OF TITLE EIGHT  OF  THE  EDUCATION  LAW  MAY
ORGANIZE,  OR  CAUSE  TO  BE  ORGANIZED,  FOR  BUSINESS PURPOSES ONLY, A
PROFESSIONAL SERVICE CORPORATION FORMED FOR PECUNIARY PROFIT UNDER  THIS
ARTICLE  FOR  THE PURPOSE OF RENDERING MULTIDISCIPLINARY SERVICES WITHIN
SUCH A CORPORATION AS SUCH INDIVIDUALS ARE AUTHORIZED TO PRACTICE  INDI-
VIDUALLY  IN HIS OR HER RESPECTIVE PROFESSIONS, SUBJECT TO THE FOLLOWING
CONDITIONS: (A) INDIVIDUAL WHO ORGANIZES, OR CAUSES  TO  ORGANIZE,  SUCH
CORPORATION  MUST  BE  LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION
LAW TO PRACTICE HIS OR HER PROFESSION IN THIS  STATE;  (B)  EACH  MEMBER
SHALL  ONLY  PRACTICE  HIS  OR HER PROFESSION AS SPECIFIED IN HIS OR HER
RESPECTIVE PROFESSIONAL ENABLING STATUTE UNDER TITLE EIGHT OF THE EDUCA-
TION LAW; AND (C) ANY CLINICAL  INTEGRATION  OF  PROFESSIONAL  PRACTICES
UNDER THIS SECTION SHALL NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRAC-

S. 5862--A                         14

TICE  OF  ANY OF THE MEMBERS; (D) NO INDIVIDUAL SHALL, DIRECTLY OR INDI-
RECTLY, INTERFERE WITH THE  CLINICAL  JUDGMENT  OR  LEGITIMATE  CLINICAL
PRACTICE  OF  ANOTHER  INDIVIDUAL;  AND (E) NO INDIVIDUAL SHALL ORDER OR
DIRECT  ANOTHER  INDIVIDUAL  TO  PRACTICE BEYOND THE SCOPE OF HIS OR HER
LICENSE.
  S 11. Subdivision (q) of section 121-1500 of the partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state [and
each]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  ANY  PERSON
LICENSED  PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE MEDI-
CINE AND ANY PERSON LICENSED PURSUANT TO ARTICLES 132,  137,  140,  141,
143,  144, 153, 154, 155 OR 156 SUBDIVISION 3 OF SECTION 6902 OF ARTICLE
139 OF THE EDUCATION LAW MAY FORM, OR CAUSE TO BE FORMED,  A  REGISTERED
LIMITED LIABILITY PARTNERSHIP TO PROVIDE MULTIDISCIPLINARY SERVICES WITH
ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDITIONS:
(I)  EACH PARTNER OF SUCH LIMITED LIABILITY PARTNERSHIP MUST BE LICENSED
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW  TO  PRACTICE  HIS  OR  HER
PROFESSION  IN  THIS STATE; (II) EACH PARTNER SHALL ONLY PRACTICE HIS OR
HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
ING STATUTE UNDER TITLE EIGHT OF THE EDUCATION LAW; AND (III) ANY  CLIN-
ICAL  INTEGRATION OF THE PROFESSIONAL PRACTICES UNDER THIS SECTION SHALL
NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF  THE  PART-
NERS; PROVIDED FURTHER THAT: (A) NO PARTNER SHALL, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  ANOTHER  PARTNER;  AND  (B) NO PARTNER SHALL ORDER OR DIRECT ANOTHER
PARTNER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE.  EACH  part-
ner  of  a  registered  limited  liability partnership formed to provide
dental services in this state must be licensed pursuant to  article  133
of  the education law to practice dentistry in this state.  Each partner
of a registered limited liability partnership formed to provide  veteri-
nary  services in this state must be licensed pursuant to article 135 of
the education law to practice veterinary medicine in  this  state.  Each
partner  of a registered limited liability partnership formed to provide
professional engineering, land surveying, geological services, architec-
tural and/or landscape architectural services  in  this  state  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
[Each partner of a registered limited liability  partnership  formed  to
provide  licensed  clinical  social  work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in this state.] Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this  state  must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. Each  partner  of  a  registered
limited  liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the  education

S. 5862--A                         15

law  to  practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide  applied  behavior
analysis service in this state must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.
  S 12. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state  [and
each].  NOTWITHSTANDING  NAY OTHER PROVISION OF THIS SECTION, ANY PERSON
LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE  MEDI-
CINE  AND  ANY  PERSON LICENSED PURSUANT TO ARTICLES 132, 137, 140, 141,
143, 144, 153, 154, 155 OR 156 OR SUBDIVISION 3 OF SECTION 6902 OF ARTI-
CLE 139 OF THE EDUCATION LAW MAY FORM, OR CAUSE TO BE FORMED, A  FOREIGN
LIMITED LIABILITY PARTNERSHIP TO PROVIDE MULTIDISCIPLINARY SERVICES WITH
ONE OR MORE LICENSED PROFESSIONALS, SUBJECT TO THE FOLLOWING CONDITIONS:
(I)  EACH  PARTNER OF SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP MUST BE
LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW TO PRACTICE HIS OR
HER PROFESSION IN THIS STATE; (II) EACH PARTNER SHALL ONLY PRACTICE  HIS
OR  HER  PROFESSION  AS  SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
ENABLING STATUTE UNDER TITLE EIGHT OF THE EDUCATION LAW; AND  (III)  ANY
CLINICAL  INTEGRATION OF PROFESSIONAL PRACTICES UNDER THIS SECTION SHALL
NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF  THE  PART-
NERS; PROVIDED FURTHER THAT: (A) NO PARTNER SHALL, DIRECTLY OR INDIRECT-
LY, INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE
OF  ANOTHER  PARTNER;  AND  (B) NO PARTNER SHALL ORDER OR DIRECT ANOTHER
PARTNER TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE. EACH partner
of  a  foreign  limited  liability  partnership  which  provides  dental
services  in  the  state must be licensed pursuant to article 133 of the
education law to practice dentistry in this state.  Each  partner  of  a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, geological services, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more  of such professions. [Each partner of a foreign
limited liability partnership which provides  licensed  clinical  social
work  services in this state must be licensed pursuant to article 154 of
the education law to practice licensed  clinical  social  work  in  this
state.]  Each  partner  of a foreign limited liability partnership which
provides creative arts therapy services in this state must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and  family  therapy  services  in  this
state  must  be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each  partner  of  a
foreign limited liability partnership which provides mental health coun-
seling  services  in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership  which  provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle  163  of the education law to practice psychoanalysis in this state.

S. 5862--A                         16

Each partner of a foreign limited liability partnership  which  provides
applied  behavior  analysis  services  in this state must be licensed or
certified pursuant to article 167  of  the  education  law  to  practice
applied behavior analysis in this state.
  S  13.  Section 6509-a of the education law, as amended by chapter 555
of the laws of 1993, is amended to read as follows:
  S 6509-a. Additional definition of  professional  misconduct;  limited
application.  Notwithstanding any inconsistent provision of this article
or  of any other provision of law to the contrary, the license or regis-
tration of a person subject to the provisions of  articles  one  hundred
thirty-two,  one  hundred  thirty-three,  one  hundred  thirty-six,  one
hundred thirty-seven, one hundred thirty-nine,  one  hundred  forty-one,
one  hundred forty-three, one hundred forty-four, one hundred fifty-six,
one hundred fifty-nine and one hundred sixty-four of this chapter may be
revoked, suspended or annulled or such person  may  be  subject  to  any
other  penalty  provided  in  section  sixty-five hundred eleven of this
article in accordance with the provisions and procedure of this  article
for the following:
  That any person subject to the above enumerated articles, has directly
or  indirectly  requested,  received  or  participated  in the division,
transference, assignment, rebate, splitting or refunding of a  fee  for,
or  has directly requested, received or profited by means of a credit or
other valuable consideration as a commission, discount  or  gratuity  in
connection with the furnishing of professional care, or service, includ-
ing  x-ray  examination  and treatment, or for or in connection with the
sale, rental, supplying or furnishing of clinical laboratory services or
supplies, x-ray laboratory  services  or  supplies,  inhalation  therapy
service  or  equipment, ambulance service, hospital or medical supplies,
physiotherapy or other  therapeutic  service  or  equipment,  artificial
limbs,  teeth  or  eyes,  orthopedic or surgical appliances or supplies,
optical appliances, supplies or equipment, devices for aid  of  hearing,
drugs,  medication  or  medical supplies or any other goods, services or
supplies prescribed for medical diagnosis, care or treatment under  this
chapter,  except  payment,  not to exceed thirty-three and one-third per
centum of any fee received for x-ray examination,  diagnosis  or  treat-
ment,  to any hospital furnishing facilities for such examination, diag-
nosis or treatment.  Nothing contained in this  section  shall  prohibit
such persons from practicing as partners, in groups or as a professional
corporation  or  as  a  university faculty practice corporation nor from
pooling fees and moneys received, either by  the  partnerships,  profes-
sional  corporations, university faculty practice corporations or groups
by the individual members thereof, for professional  services  furnished
by  any individual professional member, or employee of such partnership,
corporation or group, nor shall the professionals constituting the part-
nerships, corporations or groups be prohibited from sharing, dividing or
apportioning the fees and moneys received by them or by the partnership,
corporation or group in accordance with a partnership  or  other  agree-
ment;  provided  that  no  such practice as partners, corporations or in
groups or pooling of fees or moneys  received  or  shared,  division  or
apportionment of fees shall be permitted with respect to care and treat-
ment  under the workers' compensation law except as expressly authorized
by the workers' compensation law.  NOTHING  CONTAINED  IN  THIS  SECTION
SHALL  PROHIBIT A MULTIDISCIPLINARY SERVICES PRACTICE FORMED PURSUANT TO
SUBDIVISION (A) OF SECTION TWELVE HUNDRED THREE OF THE LIMITED LIABILITY
COMPANY LAW, SUBDIVISION (B) OF SECTION  TWELVE  HUNDRED  SEVEN  OF  THE
LIMITED  LIABILITY  COMPANY  LAW,  SUBDIVISION  (A)  OF SECTION THIRTEEN

S. 5862--A                         17

HUNDRED ONE OF THE LIMITED  LIABILITY  COMPANY  LAW,  PARAGRAPH  (A)  OF
SECTION  FIFTEEN HUNDRED THREE OF THE BUSINESS CORPORATION LAW, SUBDIVI-
SION (Q) OF SECTION 121-1500 OF THE PARTNERSHIP LAW, OR SUBDIVISION  (Q)
OF  SECTION  121-1502 OF THE PARTNERSHIP LAW FROM POOLING FEES OR MONIES
RECEIVED. Nothing contained in this chapter shall prohibit a medical  or
dental  expense  indemnity corporation pursuant to its contract with the
subscriber from prorationing  a  medical  or  dental  expense  indemnity
allowance  among two or more professionals in proportion to the services
rendered by each such professional at the  request  of  the  subscriber,
provided  that  prior to payment thereof such professionals shall submit
both to the medical or dental expense indemnity corporation and  to  the
subscriber  statements  itemizing  the  services  rendered  by each such
professional and the charges therefor.
  S 14. Subdivision 19 of section 6530 of the education law, as added by
chapter 606 of the laws of 1991, is amended to read as follows:
  19. Permitting any person  to  share  in  the  fees  for  professional
services,  other  than: a partner, employee, associate in a professional
firm or corporation, professional subcontractor or consultant authorized
to practice medicine, [or] a legally authorized trainee practicing under
the supervision of a licensee, OR AN  AUTHORIZED  PROFESSIONAL  LICENSED
PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
HUNDRED THIRTY-SEVEN, ONE HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE
HUNDRED  FORTY-THREE,  ONE  HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE,
ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-FIVE, ONE HUNDRED FIFTY-SIX OR
ONE HUNDRED FIFTY-NINE  OR  SUBDIVISION  THREE  OF  SECTION  SIXTY  NINE
HUNDRED TWO OF ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER PROVIDING
PROFESSIONAL  SERVICES  IN  THE  SAME  PRACTICE.  This prohibition shall
include any arrangement or agreement  whereby  the  amount  received  in
payment   for  furnishing  space,  facilities,  equipment  or  personnel
services used by a licensee constitutes a percentage of, or is otherwise
dependent upon, the income or receipts of the licensee from  such  prac-
tice,  except  as  otherwise  provided by law with respect to a facility
licensed pursuant to article twenty-eight of the public  health  law  or
article thirteen of the mental hygiene law;
  S  15. Section 6531 of the education law, as amended by chapter 555 of
the laws of 1993, is amended to read as follows:
  S 6531. Additional  definition  of  professional  misconduct,  limited
application.  Notwithstanding any inconsistent provision of this article
or any other provisions of law to the contrary, the license or registra-
tion  of  a person subject to the provisions of this article and article
one hundred thirty-one-B of this chapter may be revoked,  suspended,  or
annulled  or such person may be subject to any other penalty provided in
section two hundred thirty-a of the public health law in accordance with
the provisions and procedures of this article for the following:
  That any person subject to the above-enumerated articles has  directly
or  indirectly  requested,  received  or  participated  in the division,
transference, assignment, rebate, splitting, or refunding of a fee  for,
or  has directly requested, received or profited by means of a credit or
other valuable consideration as a commission, discount or  gratuity,  in
connection  with the furnishing of professional care or service, includ-
ing x-ray examination and treatment, or for or in  connection  with  the
sale,  rental,  supplying, or furnishing of clinical laboratory services
or supplies, x-ray laboratory services or supplies,  inhalation  therapy
service  or  equipment, ambulance service, hospital or medical supplies,
physiotherapy or other  therapeutic  service  or  equipment,  artificial
limbs,  teeth  or  eyes,  orthopedic or surgical appliances or supplies,

S. 5862--A                         18

optical appliances, supplies, or equipment, devices for aid of  hearing,
drugs, medication, or medical supplies, or any other goods, services, or
supplies prescribed for medical diagnosis, care, or treatment under this
chapter,  except  payment,  not  to  exceed  thirty-three  and one-third
percent of any fee received for x-ray examination, diagnosis, or  treat-
ment,  to any hospital furnishing facilities for such examination, diag-
nosis, or treatment. Nothing contained in this  section  shall  prohibit
such persons from practicing as partners, in groups or as a professional
corporation  or  as  a university faculty practice corporation, nor from
pooling fees and moneys received, either by  the  partnerships,  profes-
sional  corporations,  or  university  faculty  practice corporations or
groups by the individual  members  thereof,  for  professional  services
furnished  by  an  individual  professional  member, or employee of such
partnership, corporation, or group, nor shall the professionals  consti-
tuting the partnerships, corporations or groups be prohibited from shar-
ing,  dividing,  or apportioning the fees and moneys received by them or
by the partnership, corporation, or group in accordance with a  partner-
ship  or  other  agreement;  provided that no such practice as partners,
corporations, or groups, or  pooling  of  fees  or  moneys  received  or
shared,  division  or  apportionment  of  fees  shall  be permitted with
respect to and treatment under the workers'  compensation  law.  NOTHING
CONTAINED  IN  THIS  SECTION SHALL PROHIBIT A MULTIDISCIPLINARY SERVICES
PRACTICE FORMED PURSUANT TO SUBDIVISION (A) OF  SECTION  TWELVE  HUNDRED
THREE  OF  THE LIMITED LIABILITY COMPANY LAW, SUBDIVISION (B) OF SECTION
TWELVE HUNDRED SEVEN OF THE LIMITED LIABILITY COMPANY  LAW,  SUBDIVISION
(A)  OF  SECTION  THIRTEEN  HUNDRED ONE OF THE LIMITED LIABILITY COMPANY
LAW, PARAGRAPH (A) OF SECTION FIFTEEN  HUNDRED  THREE  OF  THE  BUSINESS
CORPORATION  LAW, SUBDIVISION (Q) OF SECTION 121-1500 OF THE PARTNERSHIP
LAW, OR SUBDIVISION (Q) OF SECTION 121-1502 OF THE PARTNERSHIP LAW  FROM
POOLING FEES OR MONIES RECEIVED. Nothing contained in this chapter shall
prohibit  a  corporation licensed pursuant to article forty-three of the
insurance law pursuant to its contract with the subscribed  from  prora-
tioning  a  medical  or dental expenses indemnity allowance among two or
more professionals in proportion to the services rendered by  each  such
professional  at  the  request of the subscriber, provided that prior to
payment thereof such professionals shall submit both to the  corporation
licensed pursuant to article forty-three of the insurance law and to the
subscriber  statements  itemizing  the  services  rendered  by each such
professional and the charges therefor.
  S 16. Subdivision 1 of section 2801 of the public health law, as sepa-
rately amended by chapters 297 and 416 of the laws of 1983,  is  amended
to read as follows:
  1.  "Hospital"  means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, public health center, diagnostic center, treatment  center,
dental  clinic,  dental  dispensary,  rehabilitation center other than a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis hospital, chronic disease hospital, maternity  hospital,  lying-
in-asylum,  out-patient  department, out-patient lodge, dispensary and a
laboratory or central service facility serving one or more  such  insti-
tutions,  but  the term hospital shall not include an institution, sani-
tarium or other facility engaged principally in providing  services  for
the prevention, diagnosis or treatment of mental disability and which is

S. 5862--A                         19

subject  to the powers of visitation, examination, inspection and inves-
tigation of the department of mental hygiene except for  those  distinct
parts  of such a facility which provide hospital service. The provisions
of  this  article  shall  not apply to a facility or institution engaged
principally in providing services by or under  the  supervision  of  the
bona  fide  members and adherents of a recognized religious organization
whose teachings include reliance on spiritual means through prayer alone
for healing in the practice of the religion  of  such  organization  and
where  services  are provided in accordance with those teachings OR TO A
MULTIDISCIPLINARY SERVICES PRACTICE FORMED PURSUANT TO  SUBDIVISION  (A)
OF  SECTION  TWELVE  HUNDRED THREE OF THE LIMITED LIABILITY COMPANY LAW,
SUBDIVISION (B) OF SECTION TWELVE HUNDRED SEVEN OF THE LIMITED LIABILITY
COMPANY LAW, SUBDIVISION (A) OF SECTION  THIRTEEN  HUNDRED  ONE  OF  THE
LIMITED  LIABILITY COMPANY LAW, PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED
THREE OF THE  BUSINESS  CORPORATION  LAW,  SUBDIVISION  (Q)  OF  SECTION
121-1500  OF THE PARTNERSHIP LAW, OR SUBDIVISION (Q) OF SECTION 121-1502
OF THE PARTNERSHIP LAW.
  S 17. This act shall take effect on the thirtieth day after  it  shall
have  become  a law; provided, however that sections seven, eight, nine,
ten, eleven and twelve of this act shall take effect on  the  same  date
and in the same manner as chapter 475 of the laws of 2014, takes effect.