Article 130 General Provisions Subarticle 1, Introductory Summary

This title provides for the regulation of the admission to and the practice of certain professions. This first article applies to all the professions included in this title, except that prehearing procedures and hearing procedures in connection with the regulation of professional conduct of the profession of medicine and physician's assistants and specialist's assistants shall be conducted pursuant to the provisions of Title II-A of article two of the public health law. Each of the remaining articles applies to a particular profession.

1. Admission to practice of a profession in this state is accomplished by a license being issued to a qualified applicant by the education department. To qualify for a license an applicant shall meet the requirements prescribed in the article for the particular profession and shall meet the requirements prescribed in section 3-503 of the general obligations law.
2.  
   1. Notwithstanding any provision of law to the contrary, any applicant seeking to qualify for a license pursuant to this title who is the spouse of an active duty member of the armed forces of the United States, national guard or reserves as defined in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by the military to this state shall be afforded an expedited review of his or her application for licensure. Such application shall be on a form prescribed by the department and shall include an attestation by the applicant of the military status of his or her spouse and any other such supporting documentation that the department may require. Upon review of such application, the department shall issue a license to the applicant if the applicant holds a license in good standing in another state and in the opinion of the department, the requirements for licensure of such other state are substantially equivalent to the requirements for licensure in this state.
   2. In addition to the expedited review granted in paragraph a of this subdivision, an applicant who provides satisfactory documentation that he or she holds a license in good standing from another state, may request the issuance of a temporary practice permit, which, if granted will permit the applicant to work under the supervision of a New York state licensee in accordance with regulations of the commissioner. The department may grant such temporary practice permit when it appears based on the application and supporting documentation received that the applicant will meet the requirements for licensure in this state because he or she holds a license in good standing from another state with significantly comparable licensure requirements to those of this state, except the department has not been able to secure direct source verification of the applicant's underlying credentials (e.g., receipt of original transcript, experience verification). Such permit shall be valid for six months or until ten days after notification that the applicant does not meet the qualifications for licensure. An additional six months may be granted upon a determination by the department that the applicant is expected to qualify for the full license upon receipt of the remaining direct source verification documents requested by the department in such time period and that the delay in providing the necessary documentation for full licensure was due to extenuating circumstances which the military spouse could not avoid.
   3. A temporary practice permit issued under paragraph b of this subdivision shall be subject to the full disciplinary and regulatory authority of the board of regents and the department, pursuant to this title, as if such authorization were a professional license issued under this article.
   4. The department shall reduce the initial licensure application fee by one-half for any application submitted by a military spouse under this subdivision.

Notwithstanding any other provision of law to the contrary, any application required by this title to be filed with the department may, in lieu of being certified or sworn under oath, be subscribed by the applicant and affirmed by the applicant as true under penalties of perjury.

1. A license shall be valid during the life of the holder unless revoked, annulled or suspended by the board of regents or in the case of physicians, physicians practicing under a limited permit, physician's assistants, specialist's assistants and medical residents, the licensee is stricken from the roster of such licensees by the board of regents on the order of the state board for professional medical conduct in the department of health. A licensee must register with the department and meet the requirements prescribed in section 3-503 of the general obligations law to practice in this state.
2. The department shall establish the beginning dates of the registration periods for each profession and mail an application for registration conforming to the requirements of section 3-503 of the general obligations law to every licensee currently registered at least four months prior to the beginning of the registration period for the respective profession.
3. An application for registration and the required registration fee shall be submitted together with or as a part of the application for a license. A person initially licensed or a licensee resuming practice after a lapse of registration during the last two years of a triennial registration period shall receive a prorated refund of one-third of the total registration fee for each full year of the triennial period that has elapsed prior to the date of registration. Except as provided in subdivision three-a of this section, the department shall renew the registration of each licensee upon receipt of a proper application, on a form prescribed by the department and conforming to the requirements of section 3-503 of the general obligations law, and the registration fee. Any licensee who fails to register by the beginning of the appropriate registration period shall be required to pay an additional fee for late filing of ten dollars for each month that registration has been delayed. No licensee resuming practice after a lapse of registration shall be permitted to practice without actual possession of the registration certificate.

1. 3-a. Prior to issuing any registration pursuant to this section and section sixty-five hundred twenty-four of this chapter, the department shall request and review any information relating to an applicant which reasonably appears to relate to professional misconduct in his or her professional practice in this and any other jurisdiction. The department shall advise the director of the office of professional medical conduct in the department of health of any information about an applicant which reasonably appears to be professional misconduct as defined in sections sixty-five hundred thirty and sixty-five hundred thirty-one of this chapter, within seven days of its discovery. The registration or re-registration of such applicant shall not be delayed for a period exceeding thirty days unless the director finds a basis for recommending summary action pursuant to subdivision twelve of section two hundred thirty of the public health law after consultation with a committee on professional conduct of the state board for professional medical conduct, if warranted. Re-registration shall be issued if the commissioner of health fails to issue a summary order pursuant to subdivision twelve of section two hundred thirty of the public health law within ninety days of notice by the department pursuant to this subdivision. Re-registration shall be denied if the commissioner of health issues a summary order pursuant to subdivision twelve of section two hundred thirty of the public health law.

4. Any licensee who is not engaging in the practice of his profession in this state and does not desire to register shall so advise the department. Such licensee shall not be required to pay an additional fee for failure to register at the beginning of the registration period.
5. Licensees shall notify the department of any change of name or mailing address within thirty days of such change. Failure to register or provide such notice within one hundred eighty days of such change shall be willful failure under section sixty-five hundred thirty of this chapter.
6. The fee for replacement of a lost registration certificate or license or for registration of an additional office shall be ten dollars.
7. An additional fee of twenty-five dollars shall be charged for the licensure or registration of any applicant who submits a bad check to the department.

1. This section shall apply to healthcare professionals licensed, certified, registered or authorized pursuant to this title other than those licensed or registered pursuant to article one hundred thirty-one of this title.
2. In conjunction with and as a condition of each registration renewal, the professionals described in subdivision one of this section shall provide to the department, and the department shall collect, such information and documentation required by the department, in consultation with the department of health, as is necessary to enable the department of health to evaluate access to needed services in this state, including, but not limited to, the location and type of setting in which the professional practices and other relevant information. The department of health, in consultation with the department, shall make such data available in aggregate, de-identified form on a publicly accessible website.
3. The dates by which the professionals described in subdivision one of this section must comply with the requirements of subdivision two of this section shall be determined by the department and may vary by profession, to allow the development and refinement of necessary program features and to allow sufficient advanced notice to be provided to affected professionals. The provisions of this section shall be effective only if and for so long as an appropriation is made for the purposes of its implementation.

Admission to the practice of a profession (1) entitles the licensee to practice the profession as defined in the article for the particular profession, (2) entitles the individual licensee to use the professional title as provided in the article for the particular profession, and (3) subjects the licensee to the procedures and penalties for professional misconduct as prescribed in this article (sections sixty-five hundred nine, sixty-five hundred ten, and sixty-five hundred eleven).

1.  
   1. Notwithstanding any laws to the contrary, except as provided in subdivision two of this section, a not-for-profit corporation formed for charitable, educational, or religious purposes or other similar purposes deemed acceptable by the department; or an education corporation as defined in subdivision one of section two hundred sixteen-a of this chapter may provide the following services, provided that, except as otherwise provided in paragraph b of this subdivision, the entity was in existence prior to the effective date of this section and has applied to the department for a waiver pursuant to this section by no later than February first, two thousand twelve:
      1. services provided under article one hundred fifty-four, one hundred sixty-three or one hundred sixty-seven of this title for which licensure would be required, or
      2. services constituting the provision of psychotherapy as defined in subdivision two of section eighty-four hundred one of this title and authorized and provided under article one hundred thirty-one, one hundred thirty-nine, or one hundred fifty-three of this title. Such services may be provided either directly through the entity's employees or indirectly by contract with individuals or professional entities duly licensed, registered, or authorized to provide such services.
   2. The department may issue a waiver on or after July first, two thousand twelve to an entity which was created before, on, or after the effective date of this section if there is a demonstration of need of the entity's services satisfactory to the department.
   3. After the commissioner prescribes the application form and posts notice of its availability on the department's website, any entity described in paragraph a of this subdivision providing services on the effective date of this section, must apply for a waiver no later than February first, two thousand twelve. Upon submission of an application, an entity may continue to operate and provide services until the department shall either deny or approve the entity's application. After the department renders a timely initial determination that the applicant has submitted the information necessary to verify that the requirements of paragraphs d, e, and f of this subdivision are satisfied, applications for waivers shall be approved or denied within ninety days; provided however, that if the waiver application is denied the entity shall cease providing professional services, pursuant to paragraph a of this subdivision, in the state of New York.
   4. Such waiver shall provide that services rendered pursuant to this section, directly or indirectly, shall be provided only by a person appropriately licensed to provide such services pursuant to article one hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, one hundred fifty-four, or one hundred sixty-three of this title, or by a person otherwise authorized to provide such services under such articles, or by a professional entity authorized by law to provide such services.
   5. An application for a waiver to provide professional services pursuant to this section shall be on a form prescribed by the commissioner. Such application shall include:
      1. the name of the entity,
      2. the names of the directors and officers of such entity,
      3. a listing of any other jurisdictions where the entity may provide services, and
      4. an attestation made by an officer authorized by the entity to make such attestation that identifies the scope of services to be provided; includes a list of professions under this title in which professional services will be provided by such entity; includes a statement that, unless otherwise authorized by law, the entity shall only provide professional services authorized under this section; includes a statement that only a licensed professional, a person otherwise authorized to provide such services, or a professional entity authorized by law to provide such services shall provide such professional services as authorized under this section; and attests to the adequacy of the entity's fiscal and financial resources to provide such services. Such application shall also include any other information related to the application as may be required by the department.
   6. Each officer and director of such entity shall provide an attestation regarding his or her good moral character as required pursuant to paragraph h of this subdivision. The commissioner shall be further authorized to promulgate rules or regulations relating to the standards of the waiver for entities pursuant to this section. Such regulations shall include standards relating to the entity's ability to provide services, the entity's maintenance of patient and business records, the entity's fiscal policies, and such other standards as may be prescribed by the commissioner.
   7. The entity operating pursuant to a waiver shall display, at each site where professional services are provided to the public, a certificate of such waiver issued by the department pursuant to this section, which shall contain the name of the entity and the address of the site. Such entities shall obtain from the department additional certificates for each site at which professional services are provided to the public. Each entity shall be required to re-apply for a waiver every three years. If any information supplied to the department regarding the entity shall change, the entity shall be required to provide such updated information to the department within sixty days.
   8. Entities operating under a waiver pursuant to this section shall be under the supervision of the regents and shall be subject to disciplinary proceedings and penalties. The waivers for such entities shall be subject to suspension, revocation or annulment for cause in the same manner and to the same extent as individuals and professional services corporations with respect to their licenses, certificates, and registrations, as applicable, as provided in this title relating to the applicable profession. All officers and directors of such entities shall be of good moral character. Entities operating pursuant to a waiver and their officers and directors shall be entitled to the same due process procedures as are provided to such individuals and professional services corporations. No waiver issued under this section shall be transferable or assignable, as such terms are defined in the regulations of the commissioner.
   9. An entity operating pursuant to a waiver shall not practice any profession licensed pursuant to this title or hold itself out to the public as authorized to provide professional services pursuant to this title except as specifically authorized by this section or as otherwise authorized by law.
2. No waiver pursuant to this section shall be required of:
   1. any entity operated under an operating certificate appropriately issued in accordance with article sixteen, thirty-one, or thirty-two of the mental hygiene law, article twenty-eight of the public health law, or comparable procedures by a New York state or federal agency, political subdivision, municipal corporation, or local government agency or unit, in accordance with the scope of the authority of such operating certificate; or
   2. a university faculty practice corporation duly incorporated pursuant to the not-for-profit corporation law; or
   3. an institution of higher education authorized to provide a program leading to licensure in a profession defined under article one hundred thirty-one, one hundred thirty-nine, one hundred fifty-three, one hundred fifty-four or one hundred sixty-three of this title, to the extent that the scope of such services is limited to the services authorized to be provided within such registered program; or
   4. an institution of higher education providing counseling only to the students, staff, or family members of students and staff of such institution; or
   5. any other entity as may be defined in the regulations of the commissioner, provided that such entity is otherwise authorized to provide such services pursuant to law and only to the extent such services are authorized under any certificates of incorporation or such other organizing documents as may be applicable.
3. Nothing in this section shall be construed to limit the authority of another state agency to certify, license, contract or otherwise authorize an entity applying for a waiver pursuant to this section, if such state agency is otherwise authorized under another provision of law to certify, license, contract or authorize such an entity, nor shall a waiver pursuant to this section be construed to provide an exemption of such entity from any certification, licensure, need to contract or any other such requirement established by such state agency or under any other provision of law. If a state agency determines that such certification, licensure, contract or other authorization is required, a waiver pursuant to this section shall not have the effect of authorizing the provision of professional services under the jurisdiction of such agency in the absence of certification, licensure, a contract or other authorization from such state agency, and the department shall consult with such agency regarding the need for licensure, contracting, certification or authorization. In determining an application for a waiver pursuant to this section, the department shall consider as a factor in such determination any denial of an operating certificate or other authority to provide the services authorized pursuant to this section by a New York state or federal agency, political subdivision, municipal corporation, or local government agency or unit, and shall not approve a waiver application authorizing an entity to provide a program or services where the entity operated such a program or provided such services for which an operating certificate or license is pending, was disapproved or was revoked, or a written authorization or contract was terminated for cause, by one of such agencies, except upon approval of such action by the appropriate state agency. Such state agencies shall notify the department, upon request and within a fifteen day period, whether a waiver applicant has been subject to such disapproval, revocation or termination for cause or has a pending application for a license or operating certificate.
4. Nothing in this section shall be construed to limit the authority of the following entities to provide professional services they are authorized by law to provide:
   1. any appropriately organized professional entity, including, but not limited to, those established under the business corporation law, the limited liability company law or the partnership law; or
   2. any entity operated by a New York state or federal agency, political subdivision, municipal corporation, or local government agency or unit pursuant to authority granted by law, including but not limited to any entity operated by the office of mental health, the office for people with developmental disabilities, or the office of alcoholism and substance abuse services under articles seven, thirteen, and nineteen of the mental hygiene law, respectively.
5. For the purposes of this section, "professional entity" shall mean and include sole proprietorships and any professional services organization established pursuant to article fifteen of the business corporation law, article twelve of the limited liability company law and section two and article eight-B of the partnership law.

1. Definitions. As used in this section the following terms shall have the following meanings:
   1. "Special education school" means an approved program as defined in paragraph b of subdivision one of section forty-four hundred ten of this chapter that meets the requirements of paragraph b of subdivision six of such section forty-four hundred ten; an approved private non-residential or residential school for the education of students with disabilities that is located within the state; a child care institution as defined in section four thousand one of this chapter that operates a private school for the education of students with disabilities or an institution for the deaf or blind operating pursuant to article eighty-five of this chapter that either: (1) conducts a multi-disciplinary evaluation for purposes of articles eighty-one or eighty-nine of this chapter that involves the practice of one or more professions for which a license is required pursuant to this title and no exception from corporate practice restrictions applies, or (2) provides related services to students enrolled in the school or approved program that involves the practice of one or more professions for which a license is required pursuant to this title and no exception from practice restrictions applies. Such term shall not include a school district, board of cooperative educational services, municipality, state agency or other public entity. Nothing in this section shall be construed to require a child care institution that conducts multi-disciplinary evaluations or provides related services through an approved private nonresidential school operated by such child care institution to obtain a waiver, provided that such school obtains a waiver pursuant to this section.
   2. "Early intervention agency" means an agency which is approved or is seeking approval in accordance with title two-A of article twenty-five of the public health law to deliver early intervention program multi-disciplinary evaluations, service coordination services and early intervention program services, and is lawfully operated as a sole proprietorship or by a partnership, not-for-profit corporation, education corporation, business corporation, a limited liability company or professional services organization established pursuant to article fifteen of the business corporation law, article twelve or thirteen of the limited liability company law or article eight-B of the partnership law.
   3. "Early intervention program services" means early intervention services as defined in subdivision seven of section twenty-five hundred forty-one of the public health law that are provided under the early intervention program and authorized in an eligible child's individualized family services plan.
   4. "Multi-disciplinary evaluation" for purposes of a special education school means a multi-disciplinary evaluation of a preschool child suspected of having a disability or a preschool child with a disability that is conducted pursuant to section forty-four hundred ten of this chapter or an evaluation of a school-age child suspected of having a disability or with a disability which is conducted by a child care institution that operates a special education school or the special education school operated by such institution pursuant to subdivision three of section four thousand two of this chapter or by an institution for the deaf or blind operating pursuant to article eighty-five of this chapter or an evaluation of a school-age child suspected of having a disability or with a disability that is authorized to be conducted by a special education school pursuant to any other provision of this chapter and the regulations of the commissioner for purposes of identification of the child as a child with a disability or the development of an individualized education program for the child.
   5. "Multi-disciplinary evaluation" for purposes of the early intervention program means a professional, objective assessment conducted by appropriately qualified personnel in accordance with section twenty-five hundred forty-four of the public health law and its implementing regulations to determine a child's eligibility for early intervention program services.
   6. "Related services" means related services as defined in paragraph g of subdivision two of section four thousand two, paragraph k of subdivision two of section forty-four hundred one, or paragraph j of subdivision one of section forty-four hundred ten of this chapter provided to a child with a disability pursuant to such child's individualized education program.
2. Waiver.
   1. No special education school may employ individuals licensed pursuant to this article to conduct components of a multi-disciplinary evaluation of a child with a disability or a child suspected of having a disability or to provide related services to children with disabilities enrolled in the school, and no special education school may provide such an evaluation component or related services by contract with an individual licensed or otherwise authorized to practice pursuant to this article or with an entity authorized by law to provide such professional services, unless such school obtains a waiver pursuant to this section. All special education schools approved by the commissioner as of the effective date of this section shall be deemed operating under a waiver pursuant to this section for a period commencing on such effective date and ending on July first, two thousand thirteen.
   2. No early intervention agency may employ or contract with individuals licensed pursuant to this article or with a not-for-profit corporation, education corporation, business corporation, limited liability company, or a professional services organization established pursuant to article fifteen of the business corporation law, article twelve or thirteen of the limited liability company law or article eight-B of the partnership law, to conduct an early intervention program multi-disciplinary evaluation, provide service coordination services or early intervention program services unless such agency has obtained a waiver pursuant to this section and has been approved in accordance with title two-A of article twenty-five of the public health law as an early intervention program provider. All early intervention agencies approved as of the effective date of this section shall be deemed to be operating under a waiver pursuant to this section for a period commencing on such effective date and ending on July first, two thousand thirteen. Nothing in this section shall be construed to require an early intervention agency to operate under a waiver in accordance with this section provided that it is otherwise authorized by law to provide the applicable professional services.
3. Obtaining a waiver.
   1. A special education school and early intervention agency shall obtain an application for a waiver on a form prescribed by the department. The department may issue a waiver on or after July first, two thousand thirteen to an entity which was created before, on or after the effective date of this section if there is demonstration of need of the entity's services satisfactory to the department. The application for an initial waiver shall be accompanied by a fee of three hundred forty-five dollars. Where the applicant simultaneously applies for a waiver as a special education school and early intervention agency the total waiver fee shall be three hundred forty-five dollars.
   2. Within one hundred twenty days after the commissioner prescribes the application form and posts notice of its availability on the department's website, a special education school or early intervention agency must apply for a waiver. Upon submission of such application, the school or agency may continue to operate and provide services until the department shall either deny or approve the application. After the department renders a timely initial determination that the applicant has submitted the information necessary to verify that the requirements of paragraphs c, d and e of this subdivision are satisfied, applications for waivers shall be approved or denied within ninety days, provided however that if the waiver application is denied the school or agency shall cease providing services pursuant to this subdivision in the state of New York.
   3. Such waiver shall provide that services rendered pursuant to this section, directly or indirectly, shall be provided only by a person appropriately licensed to provide such services, except as otherwise provided in law, to provide such services or by a professional services entity authorized by law to provide such services.
   4. An application for a waiver to provide professional services pursuant to this section shall be on a form prescribed by the commissioner. Such application shall include: (i) the name of the special education school or early intervention agency; (ii) the names of the directors or trustees and officers of such school or agency; (iii) a listing of any other jurisdictions where such school or agency may provide services; and (iv) an attestation made by an officer authorized by such school or agency to make such attestation that identifies the scope of services to be provided; includes a list of professions under this title in which professional services will be provided by such school or agency; includes a statement that, unless otherwise authorized by law, the school or agency shall only provide services authorized under this section; includes a statement that only a licensed professional, a person otherwise authorized to provide such services, or a professional services entity authorized by law to provide such services shall provide such services as authorized under this section; and attests to the adequacy of the school's or agency's fiscal and financial resources to provide such services. Such application shall also include any other information related to the application as may be required by the department. A school or agency with an approved waiver may apply, on a form prescribed by the commissioner, to amend the waiver to add additional professional services.
   5. Each officer, trustee and director of such school or agency shall provide an attestation regarding his or her good moral character as required pursuant to paragraph g of this subdivision. The commissioner shall be further authorized to promulgate rules or regulations relating to the standards of the waiver for special education schools and early intervention agencies pursuant to this section. Such regulations shall include standards relating to the school's or agency's ability to provide services, the school's or agency's maintenance of student or client and business records, the school's or agency's fiscal policies, and such other standards as may be prescribed by the commissioner.
   6. The special education school or early intervention agency operating pursuant to a waiver shall display, at each site where services are provided to the public, a certificate of such waiver issued by the department pursuant to this section, which shall contain the name of the school or agency and the address of the site. Such schools or agencies shall obtain from the department additional certificates for each site at which professional services are provided to the public. Each school or agency shall be required to re-apply for a waiver every three years. An early intervention agency's waiver shall not be renewed unless the agency is approved to provide early intervention program multi-disciplinary evaluations, service coordination or early intervention program services in accordance with title two-A of article twenty-five of the public health law. Except as otherwise provided in subdivision four of this section, if any information supplied to the department regarding the school or agency shall change, the school or agency shall be required to provide such updated information to the department within sixty days.
   7. All officers, trustees and directors of such schools or agencies shall be of good moral character. Schools or agencies operating pursuant to a waiver and their officers and directors shall be entitled to the same due process procedures as are provided to such individuals and professional services corporations. No waiver issued under this section shall be transferable or assignable; as such terms are defined in the regulations of the commissioner.
4. Renewal of waiver. A. All special education school and early intervention agency waivers shall be renewed on dates set by the department. The triennial waiver fee shall be two hundred sixty dollars or a pro-rated portion thereof as determined by the department. An early intervention agency's waiver shall not be renewed unless the agency is approved to provide early intervention program multi-disciplinary evaluations, service coordination nor early intervention program services in accordance with title two-A of article twenty-five of the public health law.
5. Change of location. In the event that a change in the location of the chief administrative offices of a special education school or early intervention agency is contemplated, the owner shall notify the office of professions of the department of the change of location at least thirty days prior to relocation.
6. Professional practice.
   1. Notwithstanding any other provision of law to the contrary, a special education school operating under a waiver may employ individuals licensed or otherwise authorized to practice any profession pursuant to this article to conduct components of a multi-disciplinary evaluation of a child with a disability or a child suspected of having a disability or to provide related services to children with disabilities enrolled in the school or may provide components of such an evaluation or such related services by contract with an individual licensed or otherwise authorized to practice pursuant to this article or a not-for-profit corporation, education corporation, business corporation, limited liability company or professional services organization established pursuant to article fifteen of the business corporation law, article twelve or thirteen of the limited liability company law or article eight-B of the partnership law authorized by law to provide the applicable professional services.
   2. Notwithstanding any other provision of law to the contrary, an early intervention agency operating under a waiver that is approved in accordance with title two-A of article twenty-five of the public health law may employ or contract with individuals licensed or otherwise authorized to practice any profession pursuant to this article or with a not-for-profit corporation, education corporation, business corporation, limited liability company or professional services organization established pursuant to article fifteen of the business corporation law, article twelve or thirteen of the limited liability company law or article eight-B of the partnership law authorized to conduct early intervention program multi-disciplinary evaluations, provide service coordination services and early intervention program services.
   3. A special education school or early intervention agency operating under a waiver shall not practice any profession licensed pursuant to this title or hold itself out to the public as authorized to provide professional services pursuant to this title except as authorized by this section or otherwise authorized by law.
7. Supervision of professional practice. A special education school or early intervention agency shall be under the supervision of the regents of the university of the state of New York and be subject to disciplinary proceedings and penalties. A special education school or early intervention agency operating under a waiver shall be subject to suspension, revocation or annulment of the waiver for cause, in the same manner and to the same extent as is provided with respect to individuals and their licenses, certificates, and registrations in the provisions of this title relating to the applicable profession. Notwithstanding the provisions of this subdivision, a special education school or early intervention agency that conducts or contracts for a component of a multi-disciplinary evaluation that involves the practice of medicine shall be subject to the pre-hearing procedures and hearing procedures as is provided with respect to individual physicians and their licenses in title two-A of article two of the public health law. Notwithstanding any other provision of law to the contrary, upon revocation or other termination by the commissioner of approval of the special education school pursuant to article eighty-nine of this chapter and the regulations of the commissioner implementing such article or termination of the early intervention agency pursuant to title two-A of article twenty-five of the public health law and implementing regulations by the commissioner pursuant to subdivision eighteen of section forty-four hundred three of this chapter, the school's or early intervention agency's waiver pursuant to this section shall be deemed revoked and annulled.

Admission to the practice of the professions (licensing) and regulation of such practice shall be supervised by the board of regents (section sixty-five hundred six) and administered by the education department (section sixty-five hundred seven), assisted by a state board for each profession (section sixty-five hundred eight).

No definition of the practice of a profession shall be construed to restrain or restrict the performance of similar acts authorized in the definition of other professions.

There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any association or society of professionals authorized to practice under this title, or any employee, agent, or member thereof, for referring any person to a member of the profession represented by such association or society provided that such referral was made without charge as a service to the public, and without malice, and in the reasonable belief that such referral was warranted, based upon the facts disclosed.

*Every dentist, registered nurse, licensed practical nurse, podiatrist, optometrist and dental hygienist practicing in the state shall, on or before July first, nineteen hundred ninety-four and every four years thereafter, complete course work or training appropriate to the professional's practice approved by the department regarding infection control, which shall include sepsis, and barrier precautions, including engineering and work practice controls, in accordance with regulatory standards promulgated by the department, in consultation with the department of health, which shall be consistent, as far as appropriate, with such standards adopted by the department of health pursuant to section two hundred thirty-nine of the public health law to prevent the transmission of HIV, HBV, HCV and infections that could lead to sepsis in the course of professional practice. Each such professional shall document to the department at the time of registration commencing with the first registration after July first, nineteen hundred ninety-four that the professional has completed course work or training in accordance with this section, provided, however that a professional subject to the provisions of paragraph (f) of subdivision one of section twenty-eight hundred five-k of the public health law shall not be required to so document. The department shall provide an exemption from this requirement to anyone who requests such an exemption and who (i) clearly demonstrates to the department's satisfaction that there would be no need for him or her to complete such course work or training because of the nature of his or her practice or (ii) that he or she has completed course work or training deemed by the department to be equivalent to the course work or training approved by the department pursuant to this section. The department shall consult with organizations representative of professions, institutions and those with expertise in infection control and HIV, HBV, HCV and infections that could lead to sepsis with respect to the regulatory standards promulgated pursuant to this section.
* NB Effective until December 22, 2025

*Every dentist, registered nurse, licensed practical nurse, podiatrist, optometrist, athletic trainer, and dental hygienist practicing in the state shall, on or before July first, nineteen hundred ninety-four and every four years thereafter, complete course work or training appropriate to the professional's practice approved by the department regarding infection control, which shall include sepsis, and barrier precautions, including engineering and work practice controls, in accordance with regulatory standards promulgated by the department, in consultation with the department of health, which shall be consistent, as far as appropriate, with such standards adopted by the department of health pursuant to section two hundred thirty-nine of the public health law to prevent the transmission of HIV, HBV, HCV and infections that could lead to sepsis in the course of professional practice. Each such professional shall document to the department at the time of registration commencing with the first registration after July first, nineteen hundred ninety-four that the professional has completed course work or training in accordance with this section, provided, however that a professional subject to the provisions of paragraph (f) of subdivision one of section twenty-eight hundred five-k of the public health law shall not be required to so document. The department shall provide an exemption from this requirement to anyone who requests such an exemption and who (i) clearly demonstrates to the department's satisfaction that there would be no need for him or her to complete such course work or training because of the nature of his or her practice or (ii) that he or she has completed course work or training deemed by the department to be equivalent to the course work or training approved by the department pursuant to this section. The department shall consult with organizations representative of professions, institutions and those with expertise in infection control and HIV, HBV, HCV and infections that could lead to sepsis with respect to the regulatory standards promulgated pursuant to this section.
* NB Effective December 22, 2025

1. The commissioner shall develop, jointly with the commissioner of the department of veterans' services, a program to facilitate articulation between participation in the military service of the United States or the military service of the state and admission to practice of a profession. The commissioner and the commissioner of veterans' services shall identify, review and evaluate professional training programs offered through either the military service of the United States or the military service of the state which may, where applicable, be accepted by the department as equivalent education and training in lieu of all or part of an approved program. Particular emphasis shall be placed on the identification of military programs which have previously been deemed acceptable by the department as equivalent education and training, programs which may provide, where applicable, equivalent education and training for those professions which are critical to public health and safety and programs which may provide, where applicable, equivalent education and training for those professions for which shortages exist in the state of New York.
2. The commissioner and the director shall prepare a list of those military programs which have previously been deemed acceptable by the department as equivalent education and training in lieu of all or part of an approved program no later than the thirtieth of August, two thousand three. On and after such date, such list shall be made available to the public and applicants for admission to practice of a profession.
3. The commissioner and the director shall prepare a list of those military programs which may provide, where applicable, equivalent education and training for those professions which are critical to public health and safety, programs which may provide, where applicable, equivalent education and training for those professions for which shortages exist in the state of New York and any other military programs which may, where applicable, be accepted by the department as equivalent education and training in lieu of all or part of an approved program no later than the thirty-first of October, two thousand three. On and after such date, such list shall be made available to the public and applicants for admission to practice of a profession.
4. Such lists shall be prepared annually no later than the thirtieth of June thereafter with additions and deletions made jointly by the commissioner and the director and made available to the public and applicants for admission to practice of a profession on such date.

An applicant seeking licensure, certification, or authorization pursuant to this title who has been subject to disciplinary action by a duly authorized professional disciplinary agency of another jurisdiction solely on the basis of having performed, recommended, or provided an abortion pursuant to section twenty-five hundred ninety-nine-bb of the public health law, or gender-affirming care, as defined in paragraph (c) of subdivision one of section sixty-five hundred thirty-one-b of the education law, shall not be denied such licensure, certification, or authorization, unless the department determines that such action would have constituted professional misconduct in this state. Provided however, that nothing in this section shall be construed as prohibiting the department from evaluating the conduct of such applicant and making a determination to be licensed, certified, or authorized to practice a profession under this title.

1. The department, in consultation with the department of health, shall compile a list of continuing medical education courses and training opportunities regarding nutrition, which may include but not be limited to plant-based nutrition, clinically proven methods for the prevention, reversal, and treatment of diet-related illnesses, and informational resources regarding racial disparities in outcomes for diet-related diseases, that are publicly available, and shall distribute such compilation to physicians who are licensed to practice medicine in the state.
2. The compiled list shall be made publicly available on the department's website and on the department of health's website, and shall be updated and redistributed no less frequently than every two years via email.
3. In compiling such resources, the department shall consult with organizations representative of professions, and institutions of higher education, and the department of health shall consult with those with expertise in nutrition and the prevention, reversal, and treatment of diet-related illnesses.

* NB Effective June 1, 2024