What's happening
This bill allows licensed psychiatrists and psychologists to form or join professional entities providing licensed clinical social work services in New York.
Why it matters
Expands business opportunities and collaboration among mental health professionals. by allowing psychiatrists and psychologists to co-own or join entities that provide licensed clinical social work services, potentially fostering more integrated care models.
Could increase access to comprehensive mental health services. , as practices can now legally bring together a broader range of clinicians under one organizational umbrella, making it easier for patients to receive multidisciplinary care in a single setting.
May streamline administrative and operational aspects. for group practices, enabling more efficient sharing of resources, billing, and compliance efforts among psychiatrists, psychologists, and social workers.
Signals a shift toward recognizing the overlapping scopes and collaborative nature of mental health professions. , potentially influencing future regulatory or reimbursement policies and the evolution of team-based behavioral health care in New York.
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Who cares
Headline styles
Allow Mental Health Professionals Unite
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Therapists Form Companies
In Assembly Committee · Higher Education · Sponsor J. Gary Pretlow
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5715
2017-2018 Regular Sessions
IN SENATE
April 26, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the limited liability company law and the partnership law, in relation to permitting licensed clinical social workers, licensed psychiatrists and licensed psychologists
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 article for the purpose of rendering the professional service or services as such professionals are authorized to practice. With respect to a professional 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 except as provided herein. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09112-01-7
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must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the 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 or licensed pursuant to article 131 of the education law to practice psychiatry in this state or licensed pursuant to article 153 of the education law to practice psychology 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 article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. In addition to engaging in such profession or professions, a professional service limited liability company may engage in any other business or activities as to which a limited liability company may be formed under section two hundred one of this chapter. Notwithstanding any other provision of this section, a professional service limited liability company (i) authorized to practice law may only engage in another profession or business or activities or (ii) which is engaged in a profession or other business or activities other than law may only engage in the practice of law, to the extent not prohibited by any other law of this state or any rule adopted by the appropriate appellate division of the supreme court or the court of appeals.
§ 2. 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:
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(b) With respect to a professional 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 except as provided herein. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, 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 or licensed pursuant to article 131 of the education law to practice psychiatry in this state or licensed pursuant to article 153 of the education law to practice psychology 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 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.
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§ 3. 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 denominated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a professional 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 professional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and managers, if any, is a professional at least one of such members is 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 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 article 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 except as provided herein. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides professional engineering, land surveying, geologic, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a foreign professional service limited liability company which provides licensed clinical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state or licensed pursuant to article 131 of the education law to practice psychiatry in this state or licensed pursuant to article 153 of the education law to practice psychology in this state. With respect to a foreign profes-
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Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the limited liability company law and the partnership law, in relation to permitting licensed clinical social workers, licensed psychiatrists and licensed psychologists
Purpose
This bill would allow Licensed Clinical Social Workers, Licensed Mental Health Counselors and Licensed Psychoanalysts to form a single corporate structure as a means to promoting inter-professional practice and improved mental health care for patients, families and communities, both rural and urban.
Summary of provisions
Section 1 of the bill amends Limited Liability Law § 1203(a) with respect to the formation of a professional limited liability company to eliminate language requiring that each member of such limited liability company providing the professional services of clinical social work, mental health counseling or psychoanalysis, be licensed to practice such profession pursuant to the Education Law.
Section 2 of the bill, amends Limited Liability Law § 1207(b) with respect to the membership of a professional limited liability company to eliminate language requiring that each member of such limited liability company providing the professional services of clinical social work, mental health counseling or psychoanalysis, be licensed to practice such profession pursuant to the Education Law.
Section 3 of the bill amends Limited Liability Law § 1301(a) with respect to the membership of a foreign professional limited liability company to eliminate language requiring that each member of such limited liability company providing the professional services of clinical social work, mental health counseling or psychoanalysis, be licensed to practice such profession pursuant to the Education Law.
Section 4 of the bill amends Partnership Law § 121-1500(q) with respect to membership of a registered limited liability partnership to eliminate language requiring that each member of such limited liability partnership providing the professional services of clinical social work, mental health counseling or psychoanalysis, be licensed to practice such profession pursuant to the Education Law.
Section 5 of the bill amends Partnership Law § 121-1502(q) with respect to membership of a registered foreign limited liability partnership to eliminate language requiring that each member of such limited liability partnership providing the professional services of clinical social work, mental health counseling or psychoanalysis, be licensed to practice such profession pursuant to the Education Law.
Justification
Inter-professional and trans-professional collaborative practice is health care provided by members of different, mental health professions with different expertise within those professions, working together in a collaborative and coordinated manner, combining and integrating their various distinct and overlapping approaches, competencies, knowledge, perspectives and skills in an effort to comprehensively address the evaluation, care, and treatment of patients, families and significant others in their lives.
The increasing diversity of the population and the growing number of vulnerable individuals, such as the elderly, the immuno-compromised and the uninsured, have created new challenges in caring for people with complex chronic and social illnesses. These challenges call for revised thinking about the delivery of health and mental health care and the corporate structures which deliver this care. Evidence is mounting that inter-professional practice models are effective in improving patient outcomes, increasing patient and provider satisfaction, and decreasing health care costs when employed in a variety of practice settings. Existing New York State law prohibits inter-professional legal structures. This negatively impacts on practical issues,, including reimbursement and licensing, and creates unnecessary competition between professionals. This legislation would allow collaborative practices in New York State which will benefit both patients and providers and the healthcare system overall.
Fiscal implications
None to the State.
Legislative history
New Bill.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.