Bill S6980-2011

Relates to the organization of university faculty practice corporations and physical therapy programs

Relates to the organization of university faculty practice corporations and physical therapy programs.

Details

Actions

  • Jun 21, 2012: SUBSTITUTED BY A10002
  • May 16, 2012: ADVANCED TO THIRD READING
  • May 15, 2012: 2ND REPORT CAL.
  • May 14, 2012: 1ST REPORT CAL.741
  • Apr 19, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - May 14, 2012
Ayes (5): Ranzenhofer, Flanagan, Larkin, Martins, Squadron
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S6980

TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to the organization of university faculty practice corporations

SUMMARY OF PROVISIONS: Section 1 - amends section 1412 of the Not-for-Profit Law to extend the current list of professions authorized to organize or cause to be organized a university faculty practice corporation to include persons who are authorized to practice physical therapy and who are members of the faculty of the same accredited college or university with an accredited doctor of physical therapy program.

Section 2 - provides that this act shall take effect immediately.

PURPOSE AND JUSTIFICATION: Currently, university faculty practice corporations are permitted for the practice of medicine, the practice of dentistry, the practice of chiropractic and the practice of optometry. These faculty practice corporations have proven to offer valuable clinical and educational experience to students in these professions. This bill proposes to extend these same educational benefits to students who are studying in doctor of physical therapy programs.

EXISTING LAW: Section 1412 of the Not-for-Profit Corporation Law currently permits the organization of university faculty practice corporations to provide clinical instruction and supervision, and incident thereto rendering professional services, of students of accredited medical school, dental schools, chiropractic colleges, and optometry colleges.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6980 IN SENATE April 19, 2012 ___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to the organization of university faculty practice corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a), (c) and (e) of section 1412 of the not-for- profit corporation law, as amended by chapter 253 of the laws of 1999, are amended to read as follows: (a) Organization. Notwithstanding any other provision of law, one or more individuals who are duly authorized by law to render the same professional service, which shall be the practice of medicine, the prac- tice of dentistry, the practice of chiropractics, THE PRACTICE OF PHYS- ICAL THERAPY or the practice of optometry, and who are members of the faculty of the same accredited medical school, dental school, chiroprac- tic college, COLLEGE OR UNIVERSITY WITH AN ACCREDITED DOCTOR OF PHYSICAL THERAPY PROGRAM or optometry college, as applicable, in the state of New York may organize, or cause to be organized, a university faculty prac- tice corporation under this article (1) for the purpose of supporting the educational mission of such school by providing clinical instruction and supervision of students of such school, interns and residents and, incident thereto, rendering professional services and (2) which shall be operated in compliance with (A) section 501(c)(3) of the United States internal revenue code and (B) the faculty practice plan with which members of the faculty of such school are required to comply, as amended from time to time. (c) Certificate of incorporation. The certificate of incorporation of a university faculty practice corporation shall meet the requirements of this chapter and shall have attached thereto a certificate or certif- icates issued by the licensing authority certifying that each of the proposed members, if any, directors and officers is authorized by law to practice the profession which the corporation is being organized to practice. The certificate shall also state (1) the name of the medical
school, dental school, chiropractic college, COLLEGE OR UNIVERSITY WITH AN ACCREDITED DOCTOR OF PHYSICAL THERAPY PROGRAM or optometry college, as applicable, in the state of New York of which the proposed members, if any, directors and officers are faculty and (2) that such corporation shall operate in compliance with (A) section 501(c)(3) of the United States internal revenue code and (B) the faculty practice plan with which members of the faculty of such school are required to comply, as amended from time to time. (e) Applicability of laws; members, directors and officers. This chap- ter shall be applicable to a university faculty practice corporation except to the extent that the provisions thereof conflict with this section. A university faculty practice corporation may consolidate or merge only with another university faculty practice corporation. The following provisions of article fifteen of the business corporation law shall be applicable to a university faculty practice corporation except that each reference in such provisions to a "shareholder" shall be deemed to be a reference to a "member" and each reference in such provisions to "shareholders" shall be deemed a reference to "members": paragraphs (a), (b), (c) and (e) of section fifteen hundred one; para- graphs (b), (c) and (d) of section fifteen hundred three; paragraphs (a), (c) and (g) of section fifteen hundred four; section fifteen hundred five; section fifteen hundred nine except to the extent such section refers to section fifteen hundred ten; paragraph (a) of section fifteen hundred twelve; section fifteen hundred fourteen; and section fifteen hundred fifteen. No individual may be a member, director or officer of a university faculty practice corporation unless such indi- vidual is authorized by law to practice in this state the profession which such corporation is authorized to practice and is a member of the faculty of the medical school, dental school, chiropractic college, COLLEGE OR UNIVERSITY WITH AN ACCREDITED DOCTOR OF PHYSICAL THERAPY PROGRAM or optometry college which such corporation is organized to support. S 2. This act shall take effect immediately.

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