S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5580
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M. of A. WEPRIN, BUCHWALD -- Multi-Sponsored by -- M. of
   A. LUPINACCI, PAULIN, WALKER -- read once and referred to the  Commit-
   tee on Higher Education
 
 AN  ACT  to amend the limited liability company law, the business corpo-
   ration law, the partnership law, the public health law and the  educa-
   tion  law,  in relation to allowing psychologists licensed under title
   VIII, article 153 of the  education  law  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. Legislative intent. This bill  would  authorize  physicians
 and  psychologists  to  form  limited  liability companies, professional
 corporations and partnerships with one another. In the last two decades,
 practice in and among the health  professions  has  changed.  Artificial
 barriers  in  current  law  prohibit  multidisciplinary practices, which
 prevents physicians and other providers, including  psychologists,  from
 co-owning a practice and collaborating and coordinating on patient care.
 Such  restraints  should  not  prevail, as they are no longer in keeping
 with best practices in modern health care which espouse the  integration
 of behavioral and physical health.
   §  2. Subdivision (a) of section 1203 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (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-

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

                                                            LBD09697-01-7

 A. 5580                             2
 
 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. 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 liabil-
 ity 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,  architec-
 tural,  landscape  architectural  and/or  geological  services  as  such
 services are defined in article 145, article 147 and article 148 of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 145, article 147 and/or article 148 of  the
 education law to practice one or more of such professions in this state.
 With  respect to a professional service limited liability company formed
 to provide licensed clinical social work services as such  services  are
 defined in article 154 of the education law, each member of such limited
 liability  company  shall  be  licensed  pursuant  to article 154 of the
 education law to practice licensed clinical social work in  this  state.
 With  respect to a professional service limited liability company formed
 to provide 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.  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)

 A. 5580                             3
 
 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. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION,  WITH
 RESPECT  TO  A  LIMITED  LIABILITY COMPANY FORMED TO PROVIDE INTEGRATED,
 MULTIDISCIPLINARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS  SUCH  SERVICES
 ARE  RESPECTIVELY  DEFINED  UNDER  ARTICLES 131 AND 153 OF THE EDUCATION
 LAW, (I) EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED
 PURSUANT  TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE
 HIS OR HER PROFESSION IN THIS STATE, (II) EACH MEMBER SHALL  ONLY  PRAC-
 TICE HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFES-
 SIONAL  ENABLING  STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCA-
 TION LAW, AND (III) THE CLINICAL INTEGRATION OF  PROFESSIONAL  PRACTICES
 WITHIN  AN  INTEGRATED,  MULTIDISCIPLINARY  ENTITY  ORGANIZED UNDER THIS
 SECTION DOES NOT ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE  OF  ANY
 OF  THE  INDIVIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE
 PROFESSIONAL ENABLING LAW, PROVIDED THAT:   (A) MEMBERS  LICENSED  UNDER
 ARTICLE  153  OF  THE  EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY,
 INTERFERE WITH THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE  OF
 A  PROFESSIONAL  LICENSED  UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER
 ARTICLE 131 SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH THE  CLIN-
 ICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL LICENSED
 UNDER  ARTICLE  153,  AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131 MAY
 NOT ORDER OR DIRECT A PROFESSIONAL LICENSED UNDER  ARTICLE  153  OF  THE
 EDUCATION  LAW  TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER
 ARTICLE 153 OF THE EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY  OR  INDI-
 RECTLY BY A PROFESSIONAL LICENSED UNDER ARTICLE 131.
   § 3.  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. 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 veter-
 inary  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 limit-
 ed  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  clin-

 A. 5580                             4
 
 ical  social  work in this state. With respect to a professional service
 limited liability  company  formed  to  provide  creative  arts  therapy
 services  as  such  services are defined in article 163 of the education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the 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 arti-
 cle 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.   NOTWITHSTANDING  ANY
 OTHER  PROVISION OF THIS SECTION, WITH RESPECT TO A PROFESSIONAL SERVICE
 LIMITED LIABILITY COMPANY FORMED TO PROVIDE  INTEGRATED,  MULTIDISCIPLI-
 NARY  MEDICAL  AND  PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE RESPEC-
 TIVELY DEFINED UNDER ARTICLES 131 AND 153 OF THE EDUCATION LAW, (I) EACH
 MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE  LICENSED  PURSUANT  TO
 ARTICLE  131  OR ARTICLE 153 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 ENABL-
 ING  STATUTE  UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND
 (III) THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTE-
 GRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION  DOES  NOT
 ALTER, EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDIVIDUALS
 LICENSED  UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING LAW, PROVIDED THAT:  (A) MEMBERS LICENSED UNDER ARTICLE 153  OF  THE
 EDUCATION  LAW,  SHALL  NOT,  DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
 CLINICAL JUDGMENT OR LEGITIMATE  CLINICAL  PRACTICE  OF  A  PROFESSIONAL
 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL
 NOT,  DIRECTLY  OR  INDIRECTLY,  INTERFERE WITH THE CLINICAL JUDGMENT OR
 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL  LICENSED  UNDER  ARTICLE
 153,  AND  (C)  INDIVIDUALS  LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO
 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE
 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY  BY  A  PROFES-
 SIONAL LICENSED UNDER ARTICLE 131.
   § 4.  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-

 A. 5580                             5
 
 sional  authorized  by  law to render a professional service within this
 state and who is or has been engaged in the practice of such  profession
 in  such professional service limited liability company or a predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional  service limited liability company within thirty days of the date
 such professional becomes a member, or each of whose members and  manag-
 ers,  if  any, is a professional at least one of such members is author-
 ized by law to render a professional service within this state  and  who
 is  or  has  been  engaged  in  the  practice of such profession in such
 professional service limited liability company or a predecessor  entity,
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license, certificate, registration or permit  issued  by  the  licensing
 authority  pursuant  to,  the  education  law  to  render a professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides  health services in this state shall be licensed in this state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle 135 of the education law, each member of such  foreign  professional
 service  limited liability company shall be licensed pursuant to article
 135 of the education law to practice veterinary medicine.  With  respect
 to  a  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.  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 educa-
 tion  law to practice dentistry in this state. With respect to a foreign
 professional service limited liability company  which  provides  profes-
 sional engineering, land surveying, geologic, architectural and/or land-
 scape  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 prac-
 tice creative arts therapy in this state.  With  respect  to  a  foreign
 professional  service  limited liability company which provides marriage
 and family therapy services as such services are defined in article  163
 of  the  education law, each member of such foreign professional service
 limited liability company must be licensed pursuant to  article  163  of
 the education law to practice marriage and family therapy in this state.

 A. 5580                             6

 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.  WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
 COMPANY FORMED TO  PROVIDE  INTEGRATED,  MULTIDISCIPLINARY  MEDICAL  AND
 PSYCHOLOGICAL  SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER
 ARTICLE 131 AND ARTICLE 153 OF THE EDUCATION LAW,  (I)  EACH  MEMBER  OF
 SUCH  LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 131
 OR ARTICLE 153 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 ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION  LAW,  AND  (III)  THE
 CLINICAL  INTEGRATION  OF  PROFESSIONAL  PRACTICES WITHIN AN INTEGRATED,
 MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS SECTION  DOES  NOT  ALTER,
 EXPAND  OR  CURTAIL  THE  SCOPE  OF  PRACTICE  OF ANY OF THE INDIVIDUALS
 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL  ENABL-
 ING  LAW,  PROVIDED  THAT: (A) MEMBERS LICENSED UNDER ARTICLE 153 OF THE
 EDUCATION LAW, SHALL NOT, DIRECTLY OR  INDIRECTLY,  INTERFERE  WITH  THE
 CLINICAL  JUDGMENT  OR  LEGITIMATE  CLINICAL  PRACTICE OF A PROFESSIONAL
 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL
 NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH  THE  CLINICAL  JUDGMENT  OR
 LEGITIMATE  CLINICAL  PRACTICE  OF A PROFESSIONAL LICENSED UNDER ARTICLE
 153, AND (C) INDIVIDUALS LICENSED UNDER ARTICLE 131  MAY  NOT  ORDER  OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO
 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE
 EDUCATION  LAW,  EVEN  IF SUPERVISED DIRECTLY OR INDIRECTLY BY A PROFES-
 SIONAL LICENSED UNDER ARTICLE 131.
   § 5.  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 DULY LICENSED TO PRACTICE MEDICINE AND
 ONE OR MORE PSYCHOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE

 A. 5580                             7
 
 OF THE EDUCATION LAW, WHO MAY BE BOARD CERTIFIED OR QUALIFIED BY HIS  OR
 HER  RESPECTIVE PROFESSIONAL SPECIALTY BOARDS, MAY ORGANIZE, OR CAUSE TO
 BE ORGANIZED, FOR BUSINESS PURPOSES ONLY,  A  MULTIDISCIPLINARY  PROFES-
 SIONAL  SERVICE CORPORATION FORMED FOR PECUNIARY PROFIT UNDER THIS ARTI-
 CLE FOR THE PURPOSE OF RENDERING INTEGRATED AND  NON-INTEGRATED  PROFES-
 SIONAL  SERVICES  WITHIN  SUCH  A  CORPORATION  AS  SUCH INDIVIDUALS ARE
 AUTHORIZED  TO  PRACTICE  INDIVIDUALLY  IN   HIS   OR   HER   RESPECTIVE
 PROFESSIONS,  PROVIDED  THAT  THE  CLINICAL  INTEGRATION OF PROFESSIONAL
 PRACTICES WITHIN AN ENTITY ORGANIZED UNDER THIS SECTION DOES NOT  ALTER,
 EXPAND  OR  CURTAIL  THE  SCOPE  OF  PRACTICE  OF ANY OF THE INDIVIDUALS
 LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL  ENABL-
 ING  LAW;  THAT THE CLINICAL JUDGMENT, MANAGEMENT AND CLINICAL DECISION-
 MAKING OF ONE OR MORE ARTICLE ONE HUNDRED  THIRTY-ONE  PROVIDERS  IN  AN
 INTEGRATED,   MULTIDISCIPLINARY  PRACTICE  SHALL  BE  CONTROLLING;  THAT
 MEMBERS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE  EDUCATION
 LAW,  SHALL  NOT,  DIRECTLY  OR  INDIRECTLY, INTERFERE WITH THE CLINICAL
 JUDGMENT OR LEGITIMATE CLINICAL  PRACTICE  OF  A  PROFESSIONAL  LICENSED
 UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE;  AND THAT INDIVIDUALS LICENSED
 UNDER ARTICLE ONE HUNDRED THIRTY-ONE MAY NOT ORDER OR DIRECT  A  PROFES-
 SIONAL  LICENSED  UNDER ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION
 LAW TO PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE ONE
 HUNDRED FIFTY-THREE OF THE  EDUCATION  LAW  IN  A  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY BY
 A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE.
   § 6.  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  partner  of  a  registered limited liability partnership formed to
 provide dental services in this state must be licensed pursuant to arti-
 cle 133 of the education law to practice dentistry in this state.   Each
 partner  of a registered limited liability partnership formed to provide
 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, geological services,
 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 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

 A. 5580                             8
 
 in  this state must be licensed pursuant to article 163 of the education
 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.  EACH PARTNER OF A REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP FORMED TO PROVIDE INTEGRATED, MULTIDISCIPLINARY MEDICAL AND PSYCHO-
 LOGICAL  SERVICES, AS SUCH SERVICES ARE RESPECTIVELY DEFINED UNDER ARTI-
 CLE 131 AND ARTICLE 153 OF THE  EDUCATION  LAW,  (I)  MUST  BE  LICENSED
 PURSUANT  TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE
 HIS OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE HIS OR HER
 PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE  PROFESSIONAL  ENABLING
 STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW, AND (III)
 THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN INTEGRATED,
 MULTI-DISCIPLINARY  ENTITY  ORGANIZED UNDER THIS SECTION DOES NOT ALTER,
 EXPAND OR CURTAIL THE SCOPE  OF  PRACTICE  OF  ANY  OF  THE  INDIVIDUALS
 LICENSED  UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL ENABL-
 ING LAW, PROVIDED THAT: (A) MEMBERS LICENSED UNDER ARTICLE  153  OF  THE
 EDUCATION  LAW,  SHALL  NOT,  DIRECTLY OR INDIRECTLY, INTERFERE WITH THE
 CLINICAL JUDGMENT OR LEGITIMATE  CLINICAL  PRACTICE  OF  A  PROFESSIONAL
 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL
 NOT,  DIRECTLY  OR  INDIRECTLY,  INTERFERE WITH THE CLINICAL JUDGMENT OR
 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL  LICENSED  UNDER  ARTICLE
 153,  AND  (C)  INDIVIDUALS  LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO
 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE
 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY  BY  A  PROFES-
 SIONAL LICENSED UNDER ARTICLE 131.
   §  7.   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 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-

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 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.
 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.   EACH PARTNER OF A FOREIGN
 LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE INTEGRATED,  MULTIDISCI-
 PLINARY MEDICAL AND PSYCHOLOGICAL SERVICES, AS SUCH SERVICES ARE DEFINED
 UNDER  ARTICLE  131  OR  ARTICLE  153  OF THE EDUCATION LAW, (I) MUST BE
 LICENSED PURSUANT TO ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION LAW  TO
 PRACTICE  HIS  OR HER PROFESSION IN THIS STATE, (II) SHALL ONLY PRACTICE
 HIS OR HER PROFESSION AS SPECIFIED IN HIS OR HER RESPECTIVE PROFESSIONAL
 ENABLING STATUTE UNDER ARTICLE 131 OR ARTICLE 153 OF THE EDUCATION  LAW,
 AND  (III)  THE CLINICAL INTEGRATION OF PROFESSIONAL PRACTICES WITHIN AN
 INTEGRATED, MULTIDISCIPLINARY ENTITY ORGANIZED UNDER THIS  SECTION  DOES
 NOT  ALTER,  EXPAND OR CURTAIL THE SCOPE OF PRACTICE OF ANY OF THE INDI-
 VIDUALS LICENSED UNDER THE STATUTE OF HIS OR HER RESPECTIVE PROFESSIONAL
 ENABLING LAW, PROVIDED THAT: (A) MEMBERS NOT LICENSED UNDER ARTICLE  131
 OF  THE EDUCATION LAW, SHALL NOT, DIRECTLY OR INDIRECTLY, INTERFERE WITH
 THE CLINICAL JUDGMENT OR LEGITIMATE CLINICAL PRACTICE OF A  PROFESSIONAL
 LICENSED UNDER ARTICLE 131, (B) MEMBERS LICENSED UNDER ARTICLE 131 SHALL
 NOT,  DIRECTLY  OR  INDIRECTLY,  INTERFERE WITH THE CLINICAL JUDGMENT OR
 LEGITIMATE CLINICAL PRACTICE OF A PROFESSIONAL  LICENSED  UNDER  ARTICLE
 153,  AND  (C)  INDIVIDUALS  LICENSED UNDER ARTICLE 131 MAY NOT ORDER OR
 DIRECT A PROFESSIONAL LICENSED UNDER ARTICLE 153 OF THE EDUCATION LAW TO
 PRACTICE BEYOND THE SCOPE OF HIS OR HER LICENSE UNDER ARTICLE 153 OF THE
 EDUCATION LAW, EVEN IF SUPERVISED DIRECTLY OR INDIRECTLY  BY  A  PROFES-
 SIONAL LICENSED UNDER ARTICLE 131.
   §  8.  Subdivision  1  of  section  2801  of the public health law, as
 amended by chapter 397 of the laws  of  2016,  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, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, dental  clin-
 ic,  dental dispensary, rehabilitation center other than a facility used
 solely for vocational rehabilitation, nursing home, tuberculosis  hospi-
 tal,  chronic  disease  hospital,  maternity  hospital,  midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation 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 reli-
 gious organization whose teachings include reliance on  spiritual  means

 A. 5580                            10
 
 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 BUSINESS CORPORATION, LIMITED LIABILITY CORPORATION OR
 PARTNERSHIP  BETWEEN  A  MEDICAL  DOCTOR  AND A DULY LICENSED HEALTHCARE
 PROFESSIONAL UNDER TITLE VIII OF THE EDUCATION LAW.
   § 9. 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 A PSYCHOLOGIST  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 practice, 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;
   § 10. This act shall take effect immediately.