N.Y. PBA Law § 1197-B — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-B
Definitions
Status: in_force

§ 1197-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section eleven\nhundred ninety-seven-d of this title.\n  2. "Board of directors" shall mean the governing board of the\nauthority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title.\n  4. "Calendar year" shall mean the twelve month period from January\nfirst through December thirty-first.\n  5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n  6. "Civil service commission" shall mean the civil service commission\nof the county of Nassau.\n  7. "Comptroller" shall mean the comptroller of the state of New York.\n  8. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water facility as defined herein; the inspection and supervision\nthereof; and the engineering, architectural, legal, appraisal, fiscal,\neconomic and environmental investigations, services and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions incidental thereto.\n  9. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advices and credit arrangements with banks\nor other financial institutions, the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures made by them\nthat would be costs of the project hereunder, notwithstanding the fact\nthat such expenditures may have been incurred prior to the effective\ndate of this act, so long as such expenditures were not incurred prior\nto January first, nineteen hundred eighty-two, and were expended through\nthe water consortium of the villages of Great Neck.\n  10. "County" shall mean the county of Nassau.\n  11. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  12. "District" shall mean the water authority of Great Neck north\ndistrict created by section eleven hundred ninety-seven-c of this title.\n  13. "Governing body" shall mean:\n  (a) In the case of a city, county, town or village or district\ncorporation the finance board as such term is defined in the local\nfinance law.\n  (b) In the case of a public benefit corporation, the members thereof.\n  14. "Members" shall mean the members of the board of directors.\n  15. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n  16. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, goundwater riparian rights\nand air rights and any and all things and rights customarily included\nwithin the term "real property" and includes not only fee simple\nabsolute, but also any and all lesser interests including, but not\nlimited to, easements, rights of way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "State" shall mean state of New York.\n  19. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  20. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  21. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived from users of the\nauthority without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  22. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  23. "Treasurer" shall mean the treasurer of the authority.\n  24. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed for the purpose of supplying, transmitting, distributing\nor treating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, waterworks or sources of water\nsupply, wells, purification or filtration plants or other treatment\nplants and works, connections, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, towers, conveyances,\nreal or personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntransmission, treatment or distribution of water.\n  25. "Water project" shall mean any water facility, including the\nplanning, development, financing or construction thereof.\n  26. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n
N.Y. VAT Law § 1652-B — New York Code / Act VAT / Title 8 / Article 40 / Section 1652-B
Supervision and installation of traffic devices in Suffolk county
Status: in_force

§ 1652-b. Supervision and installation of traffic devices in Suffolk\ncounty.  The county superintendent of highways of Suffolk county may,\nwhen authorized by the Suffolk county governing board, erect and\nmaintain traffic signs, signals and markings on, and provide traffic\nengineering services in relation to any highway, road or street within a\ntown or village within such county, except state highways maintained by\nthe state, providing the governing body of the town or village having\njurisdiction over such highway, road or street determines on the basis\nof an engineering and traffic investigation that such traffic signs,\nsignals and markings are necessary, issues any necessary ordinance,\norder, rule or regulation with respect thereto, consents to the erection\nand maintenance of such traffic signs, signals and markings by the\ncounty and consents thereto by written agreement with the Suffolk county\ngoverning board as to the extent of the authority and responsibility of\nthe county superintendent of highways of Suffolk county and any\napportionment of costs for the erection and maintenance of signs,\nsignals and markings and traffic engineering services. The power granted\nto the Suffolk county superintendent of highways by this section shall\nin no way diminish any power over roads granted to him by law but shall\nbe in addition to any such powers.\n
N.Y. ELN Law § 5-800 — New York Code / Act ELN / Article 5 / Title 8 / Section 5-800
Electronic voter registration transmittal system
Status: in_force

§ 5-800. Electronic voter registration transmittal system. In addition\nto any other means of voter registration provided for by this chapter,\nthe state board of elections shall establish and maintain an electronic\nvoter registration transmittal system through which applicants may apply\nto register to vote online. The state board of elections shall\nelectronically transmit such applications to the applicable board of\nelections of each county or the city of New York for filing, processing\nand verification consistent with this chapter. In accordance with\ntechnical specifications provided by the state board of elections, each\nboard of elections shall maintain a voter registration system capable of\nreceiving and processing voter registration application information,\nincluding electronic signatures, from the electronic voter registration\ntransmittal system established by the state board of elections.\nNotwithstanding any other inconsistent provision of this chapter,\napplications filed using such system shall be considered filed with the\napplicable board of elections on the calendar date the application is\ninitially transmitted by the voter through the electronic voter\nregistration transmittal system.\n
N.Y. RSS Law § 363-BB — New York Code / Act RSS / Article 8 / Title 8 / Section 363-BB
State police accidental disability retirement allowance
Status: in_force

§ 363-bb. State police accidental disability retirement allowance. a.\nA member may elect to receive an accidental disability retirement\nallowance as provided under this section in lieu of the benefits\nprovided under section three hundred sixty-three-b of this title if, at\nthe time application therefor is filed, he or she is:\n  1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident not caused by his or her own\nwillful negligence sustained in such service and while actually a member\nof the New York state and local police and fire retirement system, and\n  2. Actually in service upon which his or her membership is based.\nHowever, in a case if a member is discontinued from service subsequent\nto the accident, either voluntarily or involuntarily, application may be\nmade not later than two years after the member is first discontinued\nfrom service and provided that the member meets the requirements of\nparagraph one of this subdivision.\n  b. Application for an accidental disability retirement allowance for\nsuch a member may be made by:\n  1. Such member, or\n  2. The superintendent of state police or his or her designee, or\n  3. A person acting on behalf of and authorized by such member.\n  c. 1. After the filing of such an application such member shall be\ngiven one or more medical examinations. No such application shall be\napproved, however, unless the member or some other person on his or her\nbehalf shall have filed written notice in the office of the comptroller\nwithin ninety days after the accident, setting forth:\n  (a) The time when and the place where such accident occurred,\n  (b) The particulars thereof,\n  (c) The nature and extent of the member's injuries, and\n  (d) His or her alleged incapacity.\n  2. The notice required by this section need not be given:\n  (a) If notice of such accident shall be filed in accordance with the\nprovisions of the workers' compensation law of any state within which a\nparticipating employer shall have its employees located or performing\nfunctions and duties within the normal scope of their employment, or\n  (b) If the application for accidental disability retirement is filed\nwithin one year after the date of such accident, or\n  (c) If a failure to file notice has been excused for good cause shown\nas provided by rules and regulations promulgated by the comptroller.\n  d. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty and ought to be\nretired for accidental disability, such member shall be so retired. Such\nretirement shall be effective as of a date approved by the comptroller.\n  e. Notwithstanding any other provision of law, the retirement\nallowance payable upon accidental disability retirement shall consist\nof:\n  1. An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions, plus\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he or she may be entitled,\nif any, plus\n  3. A pension of three-quarters of his or her final average salary. The\npayment of such pension shall be subject to the provisions of section\nthree hundred sixty-four of this title.\n  f. If the member, at the time of filing of an application under the\nprovisions of subdivision b of this section, is eligible for a service\nretirement benefit, then and in that event, he or she may simultaneously\nfile an application for service retirement in accordance with the\nprovisions of section seventy of this chapter, provided that the member\nindicates on the application for service retirement that such\napplication is filed without prejudice to the applicant for accidental\ndisability retirement.\n  g. For purposes of this section, the term "accident" shall have the\nsame meaning and be interpreted in the same manner as such term is\ndefined and/or interpreted to mean in section three hundred sixty-three\nof this title, as amended.\n  h. 1. (a) Notwithstanding any provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, any condition or impairment of health caused\nby a qualifying condition or impairment of health resulting in\ndisability to a member who participated in World Trade Center rescue,\nrecovery or cleanup operations for a minimum of forty hours shall be\npresumptive evidence that it was incurred in the performance and\ndischarge of duty and the natural and proximate result of an accident\nnot caused by such member's own willful negligence, unless the contrary\nbe proved by competent evidence. A member shall be eligible for the\npresumption provided for under this paragraph notwithstanding the fact\nthat the member did not participate in World Trade Center recovery and\ncleanup operations for a minimum of forty hours, provided that: (i) the\nmember participated in the rescue, recovery, or cleanup operations at\nthe World Trade Center site between September eleventh, two thousand one\nand September twelfth, two thousand one; (ii) the member sustained a\ndocumented physical injury at the World Trade Center site between\nSeptember eleventh, two thousand one and September twelfth, two thousand\none that is a qualifying condition or impairment of health resulting in\ndisability to the member that prevented the member from continuing to\nparticipate in World Trade Center rescue, recovery or cleanup operations\nfor a minimum of forty hours; and (iii) the documented physical injury\nthat resulted in a disability to the member that prevented the member\nfrom continuing to participate in World Trade Center rescue, recovery or\ncleanup operations for a minimum of forty hours is the qualifying\ncondition or impairment of health which the member seeks to be eligible\nfor the presumption provided for under this paragraph.\n  (b) In order to be eligible for the presumption provided for under\nsubparagraph (a) of this paragraph, a member must have successfully\npassed a physical examination for entry into public service which failed\nto disclose evidence of the qualifying condition or impairment of health\nthat formed the basis for the disability.\n  (c) For purposes of this subdivision, "qualifying condition or\nimpairment of health" shall include:\n  (i) Diseases of the upper respiratory tract and mucosae, including\nconditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis,\nlaryngitis, vocal cord disease, upper airway hyper-reactivity and\ntracheo-bronchitis, or a combination of such conditions;\n  (ii) Diseases of the lower respiratory tract, including but not\nlimited to bronchitis, asthma, reactive airway dysfunction syndrome, and\ndifferent types of pneumonitis, such as hypersensitivity, granulomatous,\nor eosinophilic;\n  (iii) Diseases of the gastroesophageal tract, including esophagitis\nand reflux disease, either acute or chronic, caused by exposure or\naggravated by exposure;\n  (iv) Diseases of the psychological axis, including post-traumatic\nstress disorder, anxiety, depression, or any combination of such\nconditions;\n  (v) Diseases of the skin such as contact dermatitis or burns, either\nacute or chronic in nature, infectious, irritant, allergic, idiopathic\nor non-specific reactive in nature, caused by exposure or aggravated by\nexposure; or\n  (vi) New onset diseases resulting from exposure as such diseases occur\nin the future including cancer, chronic obstructive pulmonary disease,\nasbestos-related disease, heavy metal poisoning, musculoskeletal disease\nand chronic psychological disease;\n  (d) For purposes of this subdivision, "participated in World Trade\nCenter rescue, recovery or cleanup operations" shall mean any member\nwho:\n  (i) participated in the rescue, recovery, or clean up operations at\nthe World Trade Center site between September eleventh, two thousand one\nand September twelfth, two thousand two, or\n  (ii) worked at the Fresh Kills Land Fill in New York between September\neleventh, two thousand one and September twelfth, two thousand two, or\n  (iii) worked at the New York city morgue or the temporary morgue on\npier locations on the west side of Manhattan between September eleventh,\ntwo thousand one and September twelfth, two thousand two, or\n  (iv) manned the barges between the west side of Manhattan and the\nFresh Kills Land Fill in New York between September eleventh, two\nthousand one and September twelfth, two thousand two. For the purposes\nof this subdivision, "World Trade Center site" shall mean anywhere below\na line starting from the Hudson River and Canal Street; east on Canal\nStreet to Pike Street; south on Pike Street to the East River; and\nextending to the lower tip of Manhattan.\n  (e) In order to be eligible for consideration for such presumption,\nsuch member must file either a written and sworn statement with the\nmember's retirement system on a form provided by such system, or as\nallowed by the member's retirement system, electronically submit a\nstatement on a form provided by such system through a secure online\nportal maintained by the member's retirement system that has duly\nvalidated the member's identity, indicating the dates and locations of\nemployment. Such statement must be filed not later than four years\nfollowing the effective date of chapter one hundred four of the laws of\ntwo thousand five.\n  (f) The comptroller is hereby authorized to promulgate rules and\nregulations to implement the provisions of this paragraph.\n  2. (a) Notwithstanding the provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who participated in World Trade\nCenter rescue, recovery or cleanup operations for a minimum of forty\nhours, and subsequently retired on a service retirement, an ordinary\ndisability retirement, a performance of duty disability retirement or a\nstate police disability retirement pursuant to section three hundred\nsixty-three-b of this title and subsequent to such retirement incurred a\ndisability caused by any qualifying condition or impairment of the\nhealth which the comptroller determines to have been caused by such\nmember's having participated in World Trade Center rescue, recovery or\ncleanup operations for a minimum of forty hours, upon such determination\nby the comptroller it shall be presumed that such disability was\nincurred in the performance and discharge of duty as the natural and\nproximate result of an accident not caused by such member's own willful\nnegligence, and that the member would have been physically or mentally\nincapacitated for the performance and discharge of duty of the position\nfrom which he or she retired had the condition been known and fully\ndeveloped at the time of the member's retirement, unless the contrary is\nproven by competent evidence. A member shall be eligible for the\npresumption provided for under this paragraph notwithstanding the fact\nthat the member did not participate in World Trade Center rescue,\nrecovery or cleanup operations for a minimum of forty hours, provided\nthat: (i) the member participated in the rescue, recovery, or cleanup\noperations at the World Trade Center site between September eleventh,\ntwo thousand one and September twelfth, two thousand one; (ii) the\nmember sustained a documented physical injury at the World Trade Center\nsite between September eleventh, two thousand one and September twelfth,\ntwo thousand one that is a qualifying condition or impairment of health\nresulting in disability to the member that prevented the member from\ncontinuing to participate in World Trade Center rescue, recovery or\ncleanup operations for a minimum of forty hours; and (iii) the\ndocumented physical injury that resulted in a disability to the member\nthat prevented the member from continuing to participate in World Trade\nCenter rescue, recovery or cleanup operations for a minimum of forty\nhours is the qualifying condition or impairment of health which the\nmember seeks to be eligible for the presumption provided for under this\nparagraph.\n  (b) The reclassification provided for in subparagraph (a) of this\nparagraph shall not be granted, unless:\n  (i) the member files either a written and sworn statement with the\nmember's retirement system on a form provided by such system, or as\nallowed by the member's retirement system, electronically submits a\nstatement on a form provided by such system through a secure online\nportal maintained by the member's retirement system that has duly\nvalidated the member's identity, indicating the dates and locations of\nemployment within four years following the effective date of chapter one\nhundred four of the laws of two thousand five; and\n  (ii) the member must have successfully passed a physical examination\nfor entry into public service which failed to disclose evidence of the\nqualifying condition or impairment of health that formed the basis for\nthe disability.\n  (c) The comptroller shall consider a reclassification of the member's\nretirement as an accidental disability retirement effective as of the\ndate of such reclassification.\n  (d) Such member's retirement option shall not be changed as a result\nof such reclassification.\n  (e) The member's former employer at the time of the member's\nretirement shall have an opportunity to be heard on the member's\napplication for reclassification by the comptroller according to\nprocedures developed by the comptroller.\n  (f) The comptroller is hereby authorized to promulgate rules and\nregulations to implement the provisions of this paragraph.\n  i. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a retiree who: (1) has met the criteria\nof subdivision h of this section and retired on a service or disability\nretirement, or would have met the criteria if not already retired on an\naccidental disability; and (2) has not been retired for more than\ntwenty-five years; and (3) dies from a qualifying condition or\nimpairment of health, as defined in subparagraph (c) of paragraph one of\nsubdivision h of this section, that is determined by the applicable head\nof the retirement system or applicable medical board to have been caused\nby such retiree's participation in the World Trade Center rescue,\nrecovery or cleanup operations, as defined in subparagraph (d) of\nparagraph one of subdivision h of this section, then unless the contrary\nbe proven by competent evidence, such retiree shall be deemed to have\ndied as a natural and proximate result of an accident sustained in the\nperformance of duty and not as a result of willful negligence on his or\nher part. Such retiree's eligible beneficiary, as set forth in section\nthree hundred sixty-one of this title, shall be entitled to an\naccidental death benefit as provided by section three hundred sixty-one\nof this title, however, for the purposes of determining the salary base\nupon which the accidental death benefit is calculated, the retiree shall\nbe deemed to have died on the date of his or her retirement. Upon the\nretiree's death, the eligible beneficiary shall make a written\napplication to the head of the retirement system within the time for\nfiling an application for an accidental death benefit as set forth in\nsection three hundred sixty-one of this title requesting conversion of\nsuch retiree's service or disability retirement benefit to an accidental\ndeath benefit. At the time of such conversion, the eligible beneficiary\nshall relinquish all rights to the prospective benefits payable under\nthe service or disability retirement benefit, including any\npost-retirement death benefits, since the retiree's death. If the\neligible beneficiary is not the only beneficiary receiving or entitled\nto receive a benefit under the service or disability retirement benefit\n(including, but not limited to, post-retirement death benefits or\nbenefits paid or payable pursuant to the retiree's option selection),\nthe accidental death benefit payments to the eligible beneficiary will\nbe reduced by any amounts paid or payable to any other beneficiary.\n  j. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who: (1) has met the criteria of\nsubdivision h of this section; and (2) dies in active service from a\nqualifying condition or impairment of health, as defined in subparagraph\n(c) of paragraph one of subdivision h of this section, that is\ndetermined by the applicable head of the retirement system or applicable\nmedical board to have been caused by such member's participation in the\nWorld Trade Center rescue, recovery or cleanup operations, as defined in\nsubparagraph (d) of paragraph one of subdivision h of this section, then\nunless the contrary be proven by competent evidence, such member shall\nbe deemed to have died as a natural and proximate result of an accident\nsustained in the performance of duty and not as a result of willful\nnegligence on his or her part. Such member's eligible beneficiary, as\nset forth in section three hundred sixty-one of this title, shall be\nentitled to an accidental death benefit provided he or she makes written\napplication to the head of the retirement system within the time for\nfiling an application for an accidental death benefit as set forth in\nsection three hundred sixty-one of this title.\n
N.Y. EDN Law § 6608-A — New York Code / Act EDN / Title 8 / Article 133 / Section 6608-A
Practice of registered dental assisting and use of title "registered dental assistant"
Status: in_force

§ 6608-a. Practice of registered dental assisting and use of title\n"registered dental assistant". Only a person certified under section\nsixty-six hundred eight-b of this article or exempt pursuant to section\nsixty-six hundred ten of this article shall practice registered dental\nassisting. Only a person certified pursuant to section sixty-six hundred\neight-b of this article shall use the title "registered dental\nassistant".\n
N.Y. EDN Law § 6801 — New York Code / Act EDN / Title 8 / Article 137 / Section 6801
Definition of practice of pharmacy
Status: in_force

§ 6801. Definition of practice of pharmacy.  1. The practice of the\nprofession of pharmacy is defined as the administering, preparing,\ncompounding, preserving, or the dispensing of drugs, medicines and\ntherapeutic devices on the basis of prescriptions or other legal\nauthority, and collaborative drug therapy management in accordance with\nthe provisions of section sixty-eight hundred one-a of this article.\n  2. A licensed pharmacist may execute a non-patient specific regimen\nprescribed or ordered by a physician licensed in this state or nurse\npractitioner certified in this state, pursuant to rules and regulations\npromulgated by the commissioner. When a licensed pharmacist administers\nan immunizing agent, he or she shall:\n  (a) report such administration by electronic transmission or facsimile\nto the patient's attending primary health care practitioner or\npractitioners, if any, and, to the extent practicable, make himself or\nherself available to discuss the outcome of such immunization, including\nany adverse reactions, with the attending primary health care\npractitioner, and to the statewide immunization registry or the citywide\nimmunization registry, as established pursuant to and to the extent\npermitted by section twenty-one hundred sixty-eight of the public health\nlaw; and\n  (b) provide information to the patient or, where applicable, the\nperson legally responsible for the patient, on the importance of having\na primary health care practitioner, developed by the commissioner of\nhealth; and\n  (c) report such administration, absent of any individually\nidentifiable health information, to the department of health in a manner\nrequired by the commissioner of health; and\n  (d) prior to administering the immunization, inform the patient or,\nwhere applicable, the person legally responsible for the patient, of the\ntotal cost of the immunization or immunizations, subtracting any health\ninsurance subsidization, if applicable. In the case the immunization is\nnot covered, the pharmacist must inform the patient or, where\napplicable, the person legally responsible for the patient, of the\npossibility that the immunization may be covered when administered by a\nprimary care physician or practitioner; and\n  (e) administer the immunization or immunizations according to a\npatient specific order or non-patient specific regimen.\n  3. No pharmacist shall administer immunizing agents or injectable\nmedications for the treatment of mental health and substance use\ndisorder without receiving training satisfactory to the commissioner and\nthe commissioner of health which shall include, but not be limited to,\ntechniques for screening individuals and obtaining informed consent;\ntechniques of administration; indications, precautions and\ncontraindications in the use of agent or agents; record keeping of\nimmunization and information; and handling emergencies, including\nanaphylaxis and needlesticks.\n  4. When administering an immunization in a pharmacy, the licensed\npharmacist shall provide an area for the immunization that provides for\na patient's privacy. The privacy area should include:\n  (a) a clearly visible posting of the most current "Recommended Adult\nImmunization Schedule" published on the department of health's website;\nand\n  (b) education materials on influenza vaccinations for children as\ndetermined by the commissioner and the commissioner of health.\n  5. A licensed pharmacist may execute a non-patient specific order, for\ndispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis medications for the purpose of preventing human\nimmunodeficiency virus infection, by a physician licensed in this state\nor nurse practitioner certified in this state, pursuant to rules and\nregulations promulgated by the commissioner in consultation with the\ncommissioner of health following a potential human immunodeficiency\nvirus exposure.\n  6. A licensed pharmacist may execute a non-patient-specific regimen of\ninsulin and related supplies to an individual who has a valid\nprescription for insulin and related supplies which has since expired\nwithin the last twelve months. The valid prescription must have been\nprescribed or ordered by a physician licensed in this state or nurse\npractitioner certified in this state. Execution of a\nnon-patient-specific regimen shall be on an emergency basis provided the\npharmacist:\n  (a) first attempts to obtain an authorization from the prescriber of\nthe patient-specific prescription and cannot obtain the authorization,\nand the prescriber does not object to dispensing to the patient under\nthe non-patient-specific regimen;\n  (b) provides a refill of the patient-specific prescription and the\nquantity of that refill is in conformity with the directions for use\nunder the patient-specific prescription, but limited to an amount not to\nexceed a thirty-day emergency supply; and\n  (c) notifies, within seventy-two hours of dispensing the refill or\nrefills, the prescriber of the patient-specific prescription whose\nauthorization could not be obtained, that an emergency prescription of\ninsulin has been dispensed.\n  * 7. A licensed pharmacist is a qualified health care professional\nunder section five hundred seventy-one of the public health law for the\npurposes of directing a limited service laboratory and ordering and\nadministering COVID-19 and influenza tests authorized by the Food and\nDrug Administration (FDA), subject to certificate of waiver requirements\nestablished pursuant to the federal clinical laboratory improvement act\nof nineteen hundred eighty-eight.\n  * NB Repealed July 1, 2030\n  8. A licensed pharmacist within their lawful scope of practice may\nadminister injectable medications and medications required for emergency\ntreatment of anaphylaxis related to such administration, pursuant to\nsection six thousand eight hundred two of this article, for the\ntreatment of mental health and substance use disorder, as prescribed or\nordered by a licensed prescriber, acting within their scope of practice\nin this state and in accordance with regulations, including but not\nlimited to regulations promulgated by the commissioner in consultation\nwith any other state agencies, as necessary.\n  9. a. A licensed pharmacist may execute a non-patient specific order\nfor the dispensing of self-administered hormonal contraceptives\nprescribed or ordered by the commissioner of health, a physician\nlicensed in this state or a nurse practitioner certified in this state\npursuant to rules and regulations promulgated by the commissioner.\n  b. Prior to dispensing self-administered hormonal contraceptives to a\npatient, and at a minimum of every twelve months for each returning\npatient, the pharmacist shall:\n  (i) provide the patient with a self-screening risk assessment\nquestionnaire, developed by the commissioner of health in consultation\nwith the commissioner, to be reviewed by the pharmacist to identify any\nknown risk factors and assist the patient's selection of an appropriate\nself-administered hormonal contraceptive; and\n  (ii) provide the patient with a fact sheet, developed by the\ncommissioner of health, that includes but is not limited to, the\nclinical considerations and recommendations for use of the\nself-administered hormonal contraceptive, the appropriate method for\nusing such hormonal contraceptive, information on the importance of\nfollow-up health care, health care referral information, and the ability\nof the patient to opt out of practitioner reporting requirements.\n  c. No pharmacist shall dispense self-administered hormonal\ncontraceptives under this subdivision without receiving training\nsatisfactory to the commissioner.\n  d. A pharmacist shall notify the patient's primary health care\npractitioner, unless the patient opts out of such notification, within\nseventy-two hours of dispensing a self-administered hormonal\ncontraceptive, that such self-administered hormonal contraceptive has\nbeen dispensed. If the patient does not have a primary health care\npractitioner, or is unable to provide contact information for their\nprimary health care practitioner, the pharmacist shall provide the\npatient with a written record of the contraceptives dispensed, and\nadvise the patient to consult an appropriate health care practitioner.\n  e. Nothing in this subdivision shall prevent a pharmacist from\nrefusing to dispense a non-patient specific order of self-administered\nhormonal contraceptive pursuant to this subdivision if, in their\nprofessional judgment, potential adverse effects, interactions or other\ntherapeutic complications could endanger the health of the patient.\n
N.Y. PBA Law § 1199-DDD — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-DDD
Saratoga county water authority
Status: in_force

§ 1199-ddd. Saratoga county water authority. 1. A public corporation\nknown as the "Saratoga county water authority" is hereby created for the\npublic purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a corporate governmental\nagency constituting a public benefit corporation and shall be a "public\ndistrict" for the purposes of section eighty-nine-l of the public\nservice law. The authority shall be governed by a board consisting of\nseven members, who shall be residents of the county and be appointed by\nthe chairman of the board of supervisors and confirmed by the board of\nsupervisors. At least four members shall be elected officials. The first\nmembers appointed shall be appointed for the following terms: four for a\nterm ending on December thirty-first, nineteen hundred ninety-six; three\nfor a term ending on December thirty-first, nineteen hundred\nninety-seven. Subsequent appointments of board members shall be made in\nthe same manner, except that at least five of the seven members shall\neach be a resident of a municipality with which the authority has a\nservice or distribution contract, each of the said resident board\nmembers shall not be a resident of the same municipality as any other\nresident board member and may be one or more of the aforementioned\nelected officials. Subsequent appointments of board members shall be for\nterms of two years and end, in each case, on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and have qualified. Vacancies shall\nbe filled in the manner provided for original appointment. Vacancies\noccurring otherwise than by expiration of terms of office, shall be\nfilled by appointment for the unexpired terms. Members may be removed\nfrom office for the same reasons and in the same manner as may be\nprovided by law for the removal of officers of the county. In addition,\nmembers may be removed from office by the board of supervisors for\ninefficiency, neglect of duty or misconduct in office, after the board\nof supervisors has given such member a copy of the charges against him\nand opportunity to be heard in person or by counsel in his defense, upon\nnot less than ten days notice. If a member fails to attend three\nconsecutive regular meetings of the authority, unless such absence is\nfor good cause and is excused by the chairperson of the authority or\nother presiding officer, or in the case of the chairperson of the\nauthority, by the chairperson of the board of supervisors, the office\nmay be deemed vacant for the purposes of the nomination and appointment\nof a successor. The members of the authority shall receive no salary\nfrom the authority. Members and officers shall be entitled to\nreimbursement of their actual and necessary expenses including travel\nexpenses, incurred in the discharge of their duties.\n  2. The powers of the authority shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof four members is present. No action shall be taken by the authority\nexcept pursuant to the favorable vote of at least four members. The\nboard may delegate to one or more of its members, or to one or more of\nthe officers, agents or employees of the authority, such powers and\nduties as it may deem proper, except the power to vote upon issues as an\nauthority member.\n  3. The officers of the authority shall consist of a chairperson, vice\nchairperson, and treasurer who shall be members of the board and a\nsecretary who need not be a member of the board. The officers of the\nauthority shall be appointed by the board and shall serve in such\ncapacities at the pleasure of the board. In addition, the board may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the authority, which positions shall be in the exempt class of the\ncivil service, and fix and determine the qualifications, duties and\ncompensation of such additional officers and employees, subject to the\nprovisions of the civil service law of the state and such rules and\nregulations as the personnel officer may adopt and make applicable to\nthe authority. The authority may also from time to time contract for\nexpert professional services. The treasurer shall execute a bond\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\nboard, and the premium therefor shall be paid by the authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment.\n  5. (a) The chairman of the board of supervisors shall file within one\nyear after the effective date of this title, in the office of the\nsecretary of state, a certificate signed by the chairman of the board of\nsupervisors setting forth: (i) the name of the authority; (ii) the names\nof the initial members of the board and their terms of office and\nspecifying which member is the chairman; and (iii) the effective date of\nthis title. If such certificate is not filed with the secretary of state\non or before such date, then the corporate existence of the authority\nshall thereupon terminate and it shall thereupon be deemed to be and\nshall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n  6. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations, or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county and the state, for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n
N.Y. EDN Law § 6608-B — New York Code / Act EDN / Title 8 / Article 133 / Section 6608-B
Requirements for certification as a registered dental assistant
Status: in_force

§ 6608-b. Requirements for certification as a registered dental\nassistant. To qualify for certification as a registered dental\nassistant, an applicant shall fulfill the following requirements:\n  (1) Application: file an application with the department;\n  (2) Age: be at least eighteen years of age;\n  (3) Fees: pay a fee of forty-five dollars to the department for\ninitial certification and a fee of fifty dollars for each triennial\nregistration period;\n  (4) Education and experience: (A) have received a high school diploma,\nor its equivalent, and (B) have successfully completed, in accordance\nwith the commissioner's regulations, (i) an approved one-year course of\nstudy in dental assisting in a degree-granting institution or a board of\ncooperative educational services program which includes at least two\nhundred hours of clinical experience, or an equivalent approved course\nof study in dental assisting in a non-degree granting institution which\nshall not be a professional association or professional organization or\n(ii) an alternate course of study in dental assisting acceptable to the\ndepartment which shall be provided by a degree-granting institution or a\nboard of cooperative educational services program which includes at\nleast one thousand hours of relevant work experience;\n  (5) Examination: pass an examination in dental assisting given by an\norganization which administers such examinations and which is acceptable\nto the department; and\n  (6) Character: be of good moral character as determined by the\ndepartment.\n
N.Y. EDN Law § 7128 — New York Code / Act EDN / Title 8 / Article 144 / Section 7128
Mandatory continuing education
Status: in_force

§ 7128. Mandatory continuing education. 1. (a) Each licensed\nophthalmic dispenser required under this article to register triennially\nwith the department to practice in the state shall comply with the\nprovisions of the mandatory continuing education requirements prescribed\nin subdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Ophthalmic dispensers who do not satisfy\nthe mandatory continuing education requirements shall not practice until\nthey have met such requirements, and they have been issued a\nregistration certificate, except that an ophthalmic dispenser may\npractice without having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n  (b) Ophthalmic dispensers shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accord with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed ophthalmic dispenser not engaged in practice, as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of ophthalmic dispensing during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as an ophthalmic dispenser shall complete a minimum of\neighteen hours of acceptable formal continuing education, as specified\nin subdivision four of this section; provided that three hours may be in\nrecognized areas of study pertinent to the dispensing and fitting of\ncontact lenses. During each triennial registration period an applicant\nfor registration as an ophthalmic dispenser and certified to fit contact\nlenses shall complete twenty hours of acceptable formal continuing\neducation, as specified in subdivision four of this section; provided\nthat ten hours shall be in recognized areas of study pertinent to the\ndispensing and fitting of contact lenses. Any ophthalmic dispenser whose\nfirst registration date following the effective date of this section\noccurs less than three years from such effective date, but on or after\nJanuary first, nineteen hundred ninety-nine, shall complete continuing\neducation hours on a prorated basis at the rate of one-half hour per\nmonth for the period beginning January first, nineteen hundred\nninety-eight up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require the fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration, may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis chapter.\n  4. As used in subdivision two of this section, "Acceptable Formal\nEducation" shall mean formal courses of learning which contribute to\nprofessional practice in ophthalmic dispensing and which meet the\nstandards prescribed by regulations of the commissioner. Such formal\ncourses of learning shall include, but not be limited to, collegiate\nlevel credit and non-credit courses. Professional development programs\nand technical sessions offered by national, state and local professional\nassociations and other organizations acceptable to the department, and\nany other organized educational and technical programs acceptable to the\ndepartment. The department may, in its discretion and as needed to\ncontribute to the health and welfare of the public, require the\ncompletion of continuing education courses in specific subjects to\nfulfill this mandatory continuing education requirement. Courses must be\ntaken from a sponsor approved by the department, pursuant to the\nregulations of the commissioner.\n  5. Ophthalmic dispensers shall maintain adequate documentation of\ncompletion of acceptable formal continuing education and shall provide\nsuch documentation at the request of the department. Failure to provide\nsuch documentation upon the request of the department shall be an act of\nmisconduct subject to disciplinary proceedings pursuant to section\nsixty-five hundred ten of this chapter.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-one hundred twenty-four of\nthis article.\n
N.Y. EDN Law § 8510-A — New York Code / Act EDN / Title 8 / Article 164 / Section 8510-A
Mandatory continuing education for respiratory therapy technicians
Status: in_force

§ 8510-a. Mandatory continuing education for respiratory therapy\ntechnicians. 1. (a) Each licensed respiratory therapy technician\nrequired under this article to register triennially with the department\nto practice in the state shall comply with provisions of the mandatory\ncontinuing education requirements prescribed in subdivision two of this\nsection except as set forth in paragraphs (b) and (c) of this\nsubdivision. Respiratory therapy technicians who do not satisfy the\nmandatory continuing education requirement shall not practice until they\nhave met such requirements, and have been issued a registration\ncertificate, except that a respiratory therapy technician may practice\nwithout having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n  (b) Respiratory therapy technicians shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accord with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted by the department for reasons of health, certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed respiratory therapy technician not engaged in practice\nas determined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to their\nrespective practice as a respiratory therapy technician during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory education\nrequirements as shall be prescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as a respiratory therapy technician shall complete a\nminimum of twenty-four hours of acceptable formal continuing education,\nas specified in subdivision four of this section, provided that no more\nthan twelve hours of such continuing education shall consist of\nself-study courses. Any respiratory therapy technician whose first\nregistration date following the effective date of this section occurs\nless than three years from such effective date, but on or after January\nfirst, two thousand one, shall complete continuing education hours on a\nprorated basis at the rate of two-thirds of one hour per month for the\nperiod beginning January first, two thousand up to the first\nregistration date thereafter. A licensee who has not satisfied the\nmandatory continuing education requirements shall not be issued a\ntriennial registration certificate by the department and shall not\npractice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section. With the\nexception of continuing education hours taken during the registration\nperiod immediately preceding the effective date of this section,\ncontinuing education hours completed during one triennium may not be\ntransferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices as a respiratory therapy technician without\nsuch registration, may be subject to the disciplinary proceedings\npursuant to section sixty-five hundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" for respiratory therapy technicians shall mean\nformal courses of learning which contribute to professional practice as\na respiratory therapy technician and which meet the standards prescribed\nby regulations of the commissioner. The department may, in its\ndiscretion and as needed to contribute to the health and welfare of the\npublic, require the completion of continuing education courses in\nspecific subjects.\n  5. Respiratory therapy technicians shall maintain adequate\ndocumentation of completion of acceptable formal continuing education\nand shall provide such documentation at the request of the department.\n  6. The mandatory continuing education fee for respiratory therapy\ntechnicians shall be twenty-five dollars, shall be payable on or before\nthe first day of each triennial registration period, and shall be paid\nin addition to the triennial registration fee required by section\neighty-five hundred ten of this article.\n
N.Y. EDN Law § 8801 — New York Code / Act EDN / Title 8 / Article 167 / Section 8801
Definitions
Status: in_force

§ 8801. Definitions. As used in this article, the following term shall\nhave the following meaning:\n  "Applied behavior analysis" or "ABA" means the design, implementation,\nand evaluation of environmental modifications, using behavioral stimuli\nand consequences, to produce socially significant improvement in human\nbehavior, including the use of direct observation, measurement, and\nfunctional analysis of the relationship between environment and\nbehavior.\n
N.Y. PBA Law § 1183 — New York Code / Act PBA / Article 5 / Title 8 / Section 1183
Obligations of public utilities
Status: in_force

§ 1183. Obligations of public utilities. Wherever railroad tracks,\nstreet railroad tracks, gas pipes, telephone wires, telegraph wires,\nelectric light or power wires, or conduits for carrying telephone,\ntelegraph or electric wires, or other structures of any public service\ncorporation, extend in, along or across any part of the work authorized\nby this title, it shall be and become the duty of the corporation owning\nor using such tracks, pipes, wires or conduits, or other structures, to\nmake such changes in the same, at its own expense, as may be required\nduring the construction of the improvement provided for in this title,\nand to construct or rebuild and maintain at its own expense its tracks,\npipes, wires or conduits and structures over or along the work by this\ntitle authorized and constructed or in the process of construction in\npursuance thereof.\n
N.Y. RSS Law § 78 — New York Code / Act RSS / Article 2 / Title 8 / Section 78
Supplemental retirement allowance
Status: in_force

§ 78. Supplemental retirement allowance.  a. A supplemental retirement\nallowance shall be paid to pensioners of the retirement system who have\nretired prior to the calendar year nineteen hundred ninety-four. Such\nsupplemental retirement allowance shall be payable on the basis provided\nfor herein, commencing with a payment for the month of September,\nnineteen hundred ninety-nine and continuing through the month of August,\ntwo thousand.  Said supplemental retirement allowance shall be a\npercentage of the retirement allowance otherwise payable, computed\nwithout optional modification. Said percentage, for each calendar year\nof retirement, is set forth in subdivision b of this section. Said\nsupplemental retirement allowance shall be computed on the basis of the\nfirst fourteen thousand dollars of such annual retirement allowance and\nshall be payable commencing September first, nineteen hundred\nninety-nine to all disability pensioners and recipients of an accidental\ndeath benefit, and to other pensioners who have attained age sixty-two\nor who have been retired for ten or more years and have attained age\nfifty-five.\n  b. in calculating the supplemental retirement allowance in accordance\nwith subdivision a of this section, the following percentages will be\nused for each calendar year of retirement, as appropriate:\nCalendar year of retirement         Percentage\n1993                                1.5\n1992                                1.5\n1991                                1.5\n1990                                1.5\n1989                                2.8\n1988                                3.7\n1987                                4.5\n1986                                5.5\n1985                                6.3\n1984                                7.4\n1983                                8.3\n1982                               10.5\n1981                               12.5\n1980                               15.6\n1979                               19.9\n1978                               25.4\n1977                               30.3\n1976                               37.8\n1975                               42.5\n1974                               54.0\n1973                               73.0\n1972                               86.0\n1971                               96.7\n1970                              105.0\n1969                              141.8\n1968                              169.0\n1967                              195.9\n1966                              203.7\n1965                              230.5\n1964                              254.5\n1963                              278.6\n1962                              310.0\n1961                              330.0\n1960                              340.0\n1959                              390.0\n1958                              427.3\n1957                              442.3\n1956                              460.2\n1955                              468.6\n1954                              466.5\n1953                              470.7\n1952                              475.0\n1951                              486.1\n1950                              532.3\n1949                              540.3\n1948                              532.3\n1947                              583.4\n1946                              681.5\n1945                              746.6\n1944                              765.9\n1943                              780.9\n1942                              834.9\n1941                              936.7\n1940                              988.5\n1939                              996.4\n1938                              980.8\n1937                              958.3\n1936                              996.4\n1935                             1012.4\n1934                             1037.3\n1933                             1072.3\n1932                             1012.4\n1931                              902.6\n1930                              812.5\n  c. The supplemental retirement allowance shall be rounded off to the\nnearest dollar.\n  d. The benefits hereinabove provided for shall be in lieu of the\nbenefits presently provided by articles four and six of this chapter\nunless such benefits are in excess of those provided by this section, in\nwhich latter case such benefits shall be paid by the retirement system\npursuant to this section.\n  e. Contributions shall be made to the pension accumulation fund by, or\non account of, the state and each participating employer at a rate fixed\nby the actuary, which shall be computed to be sufficient to provide the\nbenefits established by this section.\n  f. The supplemental retirement allowance authorized by this section\nshall also be paid in the same manner set forth above to a person\nsixty-two years of age or older who is retired, or any person retired\nfor disability regardless of age, or any spouse qualifying pursuant to\nsubdivision h of this section, and who receives, as a result, a\nretirement allowance or pension from any state administered and operated\nretirement or pension plan or system, not including, however, the New\nYork state teachers retirement system.\n  g. The cost of providing supplemental retirement allowance payments\npursuant to subdivision f of this section shall be paid from the pension\naccumulation fund.\n  h. Notwithstanding any other provision of law, (i) the spouse of a\ndeceased pensioner, who had elected one of the options pursuant to this\nchapter which provides that benefits are to be continued for the life of\nsuch spouse after the death of the pensioner, or (ii) the spouse of a\ndeceased pensioner who had provided pursuant to a closed local pension\nplan which was subsequently assumed by the state, that benefits are to\nbe continued for the life of such spouse after the death of the\npensioner, shall be entitled to receive a monthly supplemental\nretirement allowance pursuant to this subdivision. Said monthly\nsupplemental retirement allowance shall be equal in amount to one-half\nof the monthly supplemental retirement allowance which the pensioner\nwould be receiving if living, and shall commence upon the death of the\npensioner.\n
N.Y. ENV Law § 9-0811 — New York Code / Act ENV / Article 9 / Title 8 / Section 9-0811
Cooperation with federal agencies
Status: in_force

§ 9-0811. Cooperation with federal agencies.\n  To assure the availability and compatibility of planning data and\nfederal assistance, the department shall cooperate with the United\nStates department of agriculture, forest service, as provided for by the\nForest and Rangeland Renewable Resources Planning Act of 1974 (16 USC\n1601 et seq.) and the Cooperative Forestry Assistance Act of 1978 (16\nUSC 2101 et seq.). The department shall cooperate with any other federal\nagency that may be involved with planning for forest resources.\n
N.Y. EDN Law § 6809 — New York Code / Act EDN / Title 8 / Article 137 / Section 6809
Shared pharmacy services
Status: in_force

§ 6809. Shared pharmacy services. 1. General requirements. No\npharmacist or pharmacy shall provide shared pharmacy services unless\nthey are registered in accordance with sections sixty-eight hundred\nfive, sixty-eight hundred eight, or sixty-eight hundred eight-b of this\narticle, and are in compliance with the provisions of this section.\n  2. Qualification. A pharmacy may provide or engage in shared pharmacy\nservices only if the pharmacies involved:\n  a. (i) have the same owner; or\n  (ii) have a written contract or agreement that outlines the services\nprovided and the shared responsibilities of each pharmacy in complying\nwith all applicable federal and state statutory and regulatory\nrequirements; and\n  b. share a common electronic file or technology that allows access to\ninformation necessary or required to perform shared pharmacy services in\ncompliance with all applicable federal and state statutory and\nregulatory requirements.\n  3. Operations. A pharmacy or pharmacist engaged in shared pharmacy\nservices shall:\n  a. maintain records that identify, individually for each prescription\nor order filled or processed, the name and if applicable, the license or\nregistration number of each pharmacy and individual who took part in the\nprocessing or filling of the prescription or order. Such records shall\nbe maintained in accordance with subdivision five of section sixty-eight\nhundred ten of this article and made available to the department upon\nrequest. Records of prescriptions for controlled substances shall be\nmaintained pursuant to the requirements of article thirty-three of the\npublic health law;\n  b. maintain a system for the tracking of each prescription or order\nduring each step of the process including, but not limited to, the name\nand if applicable, the license and registration number of each pharmacy\nand individual taking part in the processing or filling of the\nprescription or order;\n  c. notify the department, in writing, within thirty days of any\ndisciplinary action taken by another state's regulatory agency involving\nshared pharmacy services as defined in this article;\n  d. ensure that the labels for all prescriptions filled utilizing\nshared pharmacy services identify the names and registration numbers of\nthe pharmacies involved in the dispensing and filling of the\nprescriptions.  All labels shall conform to sections sixty-eight hundred\ntwenty-nine and sixty-eight hundred thirty of this article and the\nregulations promulgated thereunder. The labeling of prescriptions for\ncontrolled substances shall be subject to additional requirements\nprovided in article thirty-three of the public health law. The\nprovisions of this paragraph shall not apply to hospitals as defined in\narticle twenty-eight of the public health law when furnishing drugs to\npatients registered for treatment by the hospital;\n  e. maintain a system that adequately protects the confidentiality and\nintegrity of protected patient information; and\n  f. maintain processes for the storage, processing and dispensing of\ncontrolled substances in accordance with article thirty-three of the\npublic health law.\n  4. Notification to patients. a. Pharmacies participating in shared\npharmacy services shall:\n  (i) notify patients or the patients' authorized representative that\npending their consent, a portion or all of their prescriptions may be\nprocessed or filled off premises. Such notification shall be conveyed\nusing conspicuously posted signage at or adjacent to the place in the\npharmacy where prescriptions are presented for compounding and\ndispensing, in the waiting area for customers, or the area where\nprescribed drugs are dispensed. Pharmacies that transact business\nthrough the use of the internet shall conspicuously provide such\nnotification on their website; and\n  (ii) obtain an initial onetime consent to fill current and future\nprescriptions through shared pharmacy services from the patient or\npatient's authorized representative prior to the dispensing of one or\nmore prescriptions for the patient. For the purposes of this section,\nsuch consent shall be obtained in writing or electronically and noted\nwithin the patient's medication profile.\n  b. Nothing in this subdivision shall prohibit a patient or the\npatients' authorized representative from opting out of having the\npatients' prescription processed or filled via shared pharmacy services\nat any time.\n  c. The provisions of this subdivision shall not apply to a hospital as\ndefined in article twenty-eight of the public health law which is\nfurnishing drugs to patients registered for treatment by the hospital.\n  5. Drug storage and security. a. Drugs shall be stored and transported\nin a secure manner in compliance with all applicable federal and state\nstatutory and regulatory requirements.\n  b. Access to the area where drugs are stored shall be limited to\nauthorized personnel.\n  c. Pharmacies participating in shared pharmacy services shall have\nadequate security that complies with all applicable federal and state\nstatutory and regulatory requirements and protects the confidentiality\nand integrity of protected patient information.\n  6. Policies and procedures. a. Each pharmacy participating in shared\npharmacy services shall jointly develop, implement, review, revise, and\ncomply with joint policies and procedures for shared pharmacy services.\nSuch policies and procedures shall be made available to the department\nupon request and maintained pursuant to regulations promulgated by the\ncommissioner.\n  b. The policies and procedures shall:\n  (i) outline the responsibilities of each pharmacy;\n  (ii) include a list of the names, addresses, telephone numbers, and\nall registration numbers of the pharmacies involved in shared pharmacy\nservices; and\n  (iii) include policies and procedures for:\n  (A) notifying the patients or the patients' authorized representative\nthat the patients' prescriptions may be processed or filled off premises\nand providing the names and registration numbers of the other pharmacies\ninvolved in the filling or processing of the prescriptions;\n  (B) protecting the confidentiality and integrity of protected patient\ninformation;\n  (C) dispensing a prescription when a prescription filled utilizing\nshared pharmacy services is not received or the patient comes in before\nsuch prescription is received;\n  (D) maintaining a required manual or electronic records to track the\nprescription or order through each step of the process including, but\nnot limited to, the names and, if applicable, the license or\nregistration numbers of each individual who participated in shared\npharmacy services; and\n  (E) complying with all applicable federal and state statutory and\nregulatory requirements; and\n  (iv) policies and procedures for hospitals as defined in the public\nhealth law are exempt from the requirements of clauses (A) and (C) of\nsubparagraph (iii) of this paragraph, when furnishing drugs to patients\nregistered for treatment by the hospital.\n  7. Individual practice. For the purpose of shared pharmacy services,\npersons licensed or otherwise authorized under this article and article\none hundred thirty-seven-a of this title, employed by or under contract\nwith a pharmacy, acting within their respective scopes of practice, may\naccess that pharmacy's electronic database from inside or outside the\npharmacy and perform prescription or order processing functions, if both\nof the following requirements are met:\n  a. the pharmacy establishes controls to protect the confidentiality\nand integrity of protected patient information; and\n  b. no part of the database is duplicated, downloaded, or removed from\nthe pharmacy's electronic database.\n  8. Effect. Failure to meet any or all of the requirements of this\nsection may result in a denial of renewal of registration.\n
N.Y. EDN Law § 7102 — New York Code / Act EDN / Title 8 / Article 143 / Section 7102
Practice of optometry and use of title "optometrist"
Status: in_force

§ 7102. Practice of optometry and use of title "optometrist".  Only a\nperson licensed or exempt under this article shall practice optometry or\nuse the title "optometrist".\n
N.Y. EDN Law § 8000 — New York Code / Act EDN / Title 8 / Article 157 / Section 8000
Introduction
Status: in_force

§ 8000. Introduction.  This article applies to the use of the titles\n"certified dietitian" and "certified nutritionist".  The general\nprovision for all professions contained in article one hundred thirty of\nthis title shall apply to this article.\n
N.Y. EDN Law § 7706 — New York Code / Act EDN / Title 8 / Article 154 / Section 7706
Exempt persons
Status: in_force

§ 7706. Exempt persons. Nothing contained in this article shall be\nconstrued to:\n  1. Apply to the practice, conduct, activities, services or use of any\ntitle by any person licensed or otherwise authorized to practice\nmedicine within the state pursuant to article one hundred thirty-one of\nthis title or by any person registered to perform services as a\nphysician assistant within the state pursuant to article one hundred\nthirty-one-B of this title or by any person licensed or otherwise\nauthorized to practice psychology within this state pursuant to article\none hundred fifty-three of this title or by any person licensed or\notherwise authorized to practice nursing as a registered professional\nnurse or nurse practitioner within this state pursuant to article one\nhundred thirty-nine of this title or by any person licensed or otherwise\nauthorized to practice occupational therapy within this state pursuant\nto article one hundred fifty-six of this title or by any person licensed\nor otherwise authorized to practice mental health counseling, marriage\nand family therapy, creative arts therapy, or psychoanalysis within the\nstate pursuant to article one hundred sixty-three of this title or by\nany person licensed or otherwise authorized to practice applied behavior\nanalysis within the state pursuant to article one hundred sixty-seven of\nthis title; provided, however, that no physician, physician assistant,\nregistered professional nurse, nurse practitioner, psychologist,\noccupational therapist, licensed mental health counselor, licensed\nmarriage and family therapist, licensed creative arts therapist,\nlicensed psychoanalyst, licensed behavior analyst or certified behavior\nanalyst assistant may use the titles "licensed clinical social worker"\nor "licensed master social worker", unless licensed under this article.\n  2. Prevent or prohibit an individual possessing a baccalaureate of\nsocial work degree or its equivalent from the performance of activities\nand services within the scope of practice of licensed master social work\nas defined in paragraphs (a) and (b) of subdivision one of section\nseventy-seven hundred one of this article under supervision by a\nlicensed master social worker, a licensed clinical social worker or in\naccordance with the commissioner's regulations.\n  3. Prevent or prohibit a licensed master social worker from the\nperformance of activities and services within the scope of practice of\nlicensed clinical social work as defined in subdivision two of section\nseventy-seven hundred one of this article in a facility setting and\nunder supervision in accordance with the commissioner's regulations.\n  4. Prevent or prohibit the performance of activities and services\nwithin the scope of practice of licensed master social work as defined\nin subdivision one of section seventy-seven hundred one of this article\nby individuals, churches, schools, teachers, organizations, or\nnot-for-profit businesses which are providing instruction, advice,\nsupport, encouragement or information to individuals, families and\nrelational groups.\n  5. Prevent or prohibit the performance of activities and services\nwithin the scope of practice of licensed master social work or licensed\nclinical social work as defined in section seventy-seven hundred one of\nthis article by the following:\n  (a) any individual who is credentialed under any law, including\nattorneys, rape crisis counselors, credentialed alcoholism and substance\nabuse counselors whose scope of practice includes the practices defined\nin section seventy-seven hundred one of this article from performing or\nclaiming to perform work authorized by applicable provisions of this\nchapter and the mental hygiene law;\n  (b) provision of pastoral counseling services by any member of the\nclergy or christian science practitioner, from providing pastoral\ncounselling services within the context of his or her ministerial charge\nor obligation;\n  (c) students who are enrolled in a baccalaureate of social work or\nprofessional graduate level social work program of study, and which are\nrequired to perform as part of the field work component of that program,\nservices provided under the supervision of a field work supervisor\napproved by the program;\n  (d) on the part of a student or trainee who is enrolled in an\ninstitution or program registered by the department or accredited by an\naccrediting organization acceptable to the department to provide\ntraining in a discipline or profession, other than social work or\nclinical social work, that is licensed pursuant to this title, where\nsuch activities and services are authorized within the definition of the\nscope of practice of the profession, or discipline in which he or she is\nbeing trained as set forth in the education law or the commissioner's\nregulations, provided that such services are performed under the regular\nand ongoing supervision of a licensee in the profession or discipline in\nwhich he or she is being trained who assumes professional responsibility\nfor the services performed under his or her supervision and that such\nactivities and the provision of such services are a formal part of the\nprofessional training program in which he or she is enrolled;\n  (e) any federal, state, county or municipal employee performing\nclinical social work services upon the effective date of this section\nfor the period during which they maintain such employment with such\ngovernmental unit within the context of such employment and shall be\nlimited to the services provided upon such effective date; and\n  (f) any employee performing clinical social work services on the\neffective date of this section for the period during which they maintain\nsuch employment with such entity within the context of such employment,\nand shall be limited to the services provided prior to such effective\ndate.\n  6. Prohibit the practice of licensed master social work or licensed\nclinical social work, to the extent permissible within the scope of\npractice of such professions, by any not-for-profit corporation or\neducation corporation providing services within the state of New York\nand operating under a waiver pursuant to section sixty-five hundred\nthree-a of this title, provided that such entities offering licensed\nmaster social work or licensed clinical social work services shall only\nprovide such services through an individual appropriately licensed or\notherwise authorized to provide such services or a professional entity\nauthorized by law to provide such services.\n  7. (a) Prevent a person without a license from: performing assessments\nincluding but not limited to basic information collection, gathering of\ndemographic data, and informal observations, screening and referral used\nfor general eligibility for a program or service and determining the\nfunctional status of an individual for the purpose of determining need\nfor services; advising individuals regarding the appropriateness of\nbenefits they are eligible for; providing general advice and guidance\nand assisting individuals or groups with difficult day to day problems\nsuch as finding employment, locating sources of assistance, and\norganizing community groups to work on a specific problem; providing\npeer services; selecting for suitability and providing substance abuse\ntreatment services or group re-entry services to incarcerated\nindividuals in state correctional facilities; or providing substance\nabuse treatment services or re-entry services to incarcerated\nindividuals in local correctional facilities.\n  (b) Prevent a person without a license from creating, developing or\nimplementing a service plan or recovery plan that is not a behavioral\nhealth diagnosis or treatment plan. Such service or recovery plans shall\ninclude, but are not limited to, coordinating, evaluating or determining\nthe need for, or the provision of the following services: job training\nand employability; housing; homeless services and shelters for homeless\nindividuals and families; refugee services; residential, day or\ncommunity habilitation services; general public assistance; in home\nservices and supports or home-delivered meals; recovery supports; adult\nor child protective services including investigations; detention as\ndefined in section five hundred two of the executive law; prevention and\nresidential services for victims of domestic violence; services for\nrunaway and homeless youth; foster care, adoption, preventive services\nor services in accordance with an approved plan pursuant to section four\nhundred four of the social services law, including, adoption and foster\nhome studies and assessments, family service plans, transition plans,\npermanency planning activities, and case planning or case management as\nsuch terms are defined in the regulations of the office of children and\nfamily services; residential rehabilitation; home and community based\nservices; and de-escalation techniques, peer services or skill\ndevelopment.\n  (c)(i) Prevent a person without a license from participating as a\nmember of a multi-disciplinary team to assist in the development of or\nimplementation of a behavioral health services or treatment plan;\nprovided that such team shall include one or more professionals licensed\nunder this article or articles one hundred thirty-one, one hundred\nthirty-nine, one hundred fifty-three or one hundred sixty-three of this\nchapter; and provided, further, that the activities performed by members\nof the team shall be consistent with the scope of practice for each team\nmember licensed or authorized under title VIII of this chapter, and\nthose who are not so authorized may not engage in the following\nrestricted practices: the diagnosis of mental, emotional, behavioral,\naddictive and developmental disorders and disabilities; patient\nassessment and evaluating; the provision of psychotherapeutic treatment;\nthe provision of treatment other than psychotherapeutic treatment; or\nindependently developing and implementing assessment-based treatment\nplans as defined in section seventy-seven hundred one of this article.\n  (ii) For the purposes of this paragraph, "assist" shall include, but\nnot be limited to, the provision or performance of the following tasks,\nservices, or functions by an individual who has obtained the training\nand experience required by the applicable state oversight agency to\nperform such task, service or function in facilities or programs\noperating pursuant to article nineteen-G of the executive law; articles\nseven, sixteen, thirty-one or thirty-two of the mental hygiene law; or\ntitle three of article seven of the social services law:\n  (1) helping an individual with the completion of forms or\nquestionnaires;\n  (2) reviewing existing case records and collecting background\ninformation about an individual which may be used by the licensed\nprofessional or multi-disciplinary team;\n  (3) gathering and reporting information about previous behavioral\nhealth interventions, hospitalizations, documented diagnosis, or prior\ntreatment for review by the licensed professional and multi-disciplinary\nteam;\n  (4) discussing with the individual his or her situation, needs,\nconcerns, and thoughts in order to help identify services that support\nthe individual's goals, independence, and quality of life;\n  (5) providing advice, information, and assistance to individuals and\nfamily members to identify needs and available resources in the\ncommunity to help meet the needs of the individual or family member;\n  (6) engaging in immediate and long-term problem solving, engaging in\nthe development of social skills, or providing general help in areas\nincluding, but not limited to, housing, employment, child care,\nparenting, community based services, and finances;\n  (7) distributing paper copies of self-administered tests for the\nindividual to complete when such tests do not require the observation\nand judgment of a licensed professional;\n  (8) monitoring treatment by the collection of written and/or\nobservational data in accordance with the treatment plan and providing\nverbal or written reports to the multi-disciplinary team;\n  (9) identifying gaps in services and coordinating access to or\narranging services for individuals such as home care, community based\nservices, housing, employment, transportation, child care, vocational\ntraining, or health care;\n  (10) offering education programs that provide information about\ndisease identification and recommended treatments that may be provided,\nand how to access such treatment;\n  (11) reporting on behavior, actions, and responses to treatment by\ncollecting written and/or observational data as part of a\nmulti-disciplinary team;\n  (12) using de-escalation techniques consistent with appropriate\ntraining;\n  (13) performing assessments using standardized, structured interview\ntools or instruments;\n  (14) directly delivering services outlined in the service plan that\nare not clinical in nature but have been tailored to an individual based\non any diagnoses such individual may have received from a licensed\nprofessional; and\n  (15) advocating with educational, judicial or other systems to protect\nan individual's rights and access to appropriate services.\n  (d) Provided, further, that nothing in this subdivision shall be\nconstrued as requiring a license for any particular activity or function\nbased solely on the fact that the activity or function is not listed in\nthis subdivision.\n  8. Notwithstanding any other provision of law to the contrary, nothing\nin this article shall be construed to prohibit or limit the activities\nor services provided under this article by any person who is employed or\nwho commences employment in a program or service operated, regulated,\nfunded, or approved by the department of mental hygiene, the office of\nchildren and family services, the department of corrections and\ncommunity supervision, the office of temporary and disability\nassistance, the state office for the aging and the department of health\nor a local governmental unit as that term is defined in section 41.03 of\nthe mental hygiene law or a social services district as defined in\nsection sixty-one of the social services law on or before two years from\nthe date that the regulations issued in accordance with section six of\npart Y of chapter fifty-seven of the laws of two thousand eighteen\nappear in the state register or are adopted, whichever is later. Such\nprohibitions or limitations shall not apply to such employees for as\nlong as they remain employed by such programs or services and whether\nthey remain employed by the same or other employers providing such\nprograms or services. Provided however, that any person who commences\nemployment in such program or service after such date and performs\nservices that are restricted under this article shall be appropriately\nlicensed or authorized under this article. Each state oversight agency\nshall create and maintain a process to verify employment history of\nindividuals exempt under this subdivision.\n
N.Y. PBA Law § 1199-SSSS — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-SSSS
Equal employment opportunity
Status: in_force

* § 1199-ssss. Equal employment opportunity. The authority shall\nensure that all employees or applicants for employment are afforded\nequal employment opportunity without discrimination.\n  * NB There are 2 § 1199-ssss's\n
N.Y. VAT Law § 1675 — New York Code / Act VAT / Title 8 / Article 43 / Section 1675
Functions of the board
Status: in_force

§ 1675. Functions of the board. The board is authorized:\n  1. To promote and encourage street and highway traffic safety.\n  2. To formulate highway safety programs and coordinate efforts of\ninterested parties and agencies engaged in traffic safety education\nwithin such city, town, borough or county.\n  3. To cooperate with local officials in the formulation and execution\nof traffic safety programs and activities.\n  4. To study traffic conditions on streets and highways, study and\nanalyze reports of accidents and causes thereof, and recommend to the\nappropriate legislative bodies, departments or commissions, such changes\nin rules, orders, regulations and existing law as the board may deem\nadvisable.\n  5. To conduct meetings whenever and wherever the board shall deem it\nadvisable and to invite to such meetings parties and agencies, public\nand private, interested in traffic regulation, control and safety\neducation.\n  6. To promote safety education for drivers and pedestrians.\n  7. To obtain and assemble motor vehicle accident data, and to analyze,\nstudy and consolidate such data for educational and informational\npurposes.\n  8. Coordinate and direct local activities related to the\nimplementation of the state highway safety program, as approved by the\ngovernor or his designee.\n
N.Y. EDN Law § 6604-A — New York Code / Act EDN / Title 8 / Article 133 / Section 6604-A
Mandatory continuing education for dentists
Status: in_force

§ 6604-a. Mandatory continuing education for dentists. 1. (a) Each\ndentist, licensed pursuant to this article, required to register\ntriennially with the department to practice in this state shall comply\nwith the provisions of the mandatory continuing education requirements,\nexcept as set forth in paragraphs (b) and (c) of this subdivision.\nDentists who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements\nand have been issued a registration or conditional registration\ncertificate.\n  (b) Dentists shall be exempt from the mandatory continuing education\nrequirement for the triennial registration period during which they are\nfirst licensed. In accordance with the intent of this section,\nadjustments to the mandatory continuing education requirement may be\ngranted by the department for reasons of health, certified by a\nphysician, for extended active duty with the armed forces of the United\nStates, or for other good cause acceptable to the department which may\nprevent compliance.\n  (c) A licensed dentist not engaged in public practice as an individual\npractitioner, a partner of a partnership, a shareholder of a\nprofessional service corporation, or an employee of such practice units,\nshall be exempt from the mandatory continuing education requirement upon\nthe filing of a statement with the department declaring such status. Any\nlicensee who returns to the public practice of dentistry during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory continuing\neducation requirements as shall be prescribed by regulation of the\ncommissioner.\n  2. During each triennial registration period an applicant for\nregistration shall complete a minimum of sixty hours of acceptable\nformal continuing education, a maximum of eighteen hours of which may be\nself-instructional coursework as approved by the department. Beginning\nwith the first registration renewal period for any dentist occurring on\nor after January first, two thousand two, and before the occurrence of\nthe second registration renewal period following that date, a dentist\nshall have completed on a one-time basis, as part of the sixty hours of\nacceptable formal continuing education required by this section, no\nfewer than two hours of coursework and training regarding the chemical\nand related effects and usage of tobacco and tobacco products and the\nrecognition, diagnosis, and treatment of the oral health effects,\nincluding but not limited to cancers and other diseases, caused by\ntobacco and tobacco products, provided that any dentist who provides\nwritten proof satisfactory to the department that the dentist has\ncompleted, at any time subsequent to the effective date of this section,\nan approved mandatory continuing education course of not less than two\nhours in the same or substantially similar subject matter shall be\ndeemed to have met this requirement, and further provided that dentists\nwho are exempt from the mandatory continuing education requirement for\nthe triennial registration period during which they are first licensed\nshall also be exempt from this requirement for that period. Any dentist\nwhose first registration date following the effective date of this\nsection occurs less than three years from such effective date, but on or\nafter January first, nineteen hundred ninety-eight and before July\nfirst, two thousand eight, shall complete continuing education hours on\na prorated basis at the rate of one and one-quarter hours per month for\nthe period beginning January first, nineteen hundred ninety-seven up to\nthe first registration date thereafter. For any registration period\nbeginning before July first, two thousand eight and ending on or after\nsuch date, each dentist shall complete continuing education hours on a\npro rata basis at a rate of one and one-quarter hours per month for the\nperiod ending June thirtieth, two thousand eight and at a rate of one\nand two-thirds hours per month for the period beginning July first, two\nthousand eight up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided in subdivision three of\nthis section. The individual licensee shall determine the selection of\ncourses or programs of study pursuant to subdivision four of this\nsection.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and take any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department. Any licensee who is notified of\nthe denial of registration for failure to submit evidence, satisfactory\nto the department, of completion of required continuing education and\nwho practices dentistry without such registration, may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n  4. As used in this section, "acceptable formal continuing education"\nshall mean formal programs of learning which contribute to professional\npractice and which meet the standards prescribed by regulations of the\ncommissioner. To fulfill the mandatory continuing education requirement,\nprograms must be taken from sponsors having at least one full-time\nemployee and the facilities, equipment, and financial and physical\nresources to provide continuing education courses, approved by the\ndepartment, pursuant to the regulations of the commissioner.\n  5. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section six thousand six hundred four of\nthis article.\n  6. On or after the effective date of this subdivision, and no later\nthan the end of the first registration period commencing on or after\nsuch date during which he or she is required to comply with the\ncontinuing education requirements of this section, each dentist shall\nhave completed on a one-time basis, as part of the mandatory hours of\nacceptable formal continuing education required by this section, no\nfewer than three hours in a course approved by the department in dental\njurisprudence and ethics, which shall include the laws, rules,\nregulations and ethical principles relating to the practice of dentistry\nin New York state, provided that postgraduate dental students enrolled\nin New York state dental residency programs may satisfy the requirements\nof this subdivision by taking such an approved course during the period\nof their dental residency prior to their initial licensure.\n
N.Y. EDN Law § 6530 — New York Code / Act EDN / Title 8 / Article 131-A / Section 6530
Definitions of professional misconduct
Status: in_force

§ 6530. Definitions of professional misconduct. Each of the following\nis professional misconduct, and any licensee found guilty of such\nmisconduct under the procedures prescribed in section two hundred thirty\nof the public health law shall be subject to penalties as prescribed in\nsection two hundred thirty-a of the public health law except that the\ncharges may be dismissed in the interest of justice:\n  1. Obtaining the license fraudulently;\n  2. Practicing the profession fraudulently or beyond its authorized\nscope;\n  3. Practicing the profession with negligence on more than one\noccasion;\n  4. Practicing the profession with gross negligence on a particular\noccasion;\n  5. Practicing the profession with incompetence on more than one\noccasion;\n  6. Practicing the profession with gross incompetence;\n  7. Practicing the profession while impaired by alcohol, drugs,\nphysical disability, or mental disability;\n  8. Being a habitual abuser of alcohol, or being dependent on or a\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens,\nor other drugs having similar effects, except for a licensee who is\nmaintained on an approved therapeutic regimen which does not impair the\nability to practice, or having a psychiatric condition which impairs the\nlicensee's ability to practice;\n  9. (a) Being convicted of committing an act constituting a crime\nunder:\n  (i) New York state law or,\n  (ii) federal law or,\n  (iii) the law of another jurisdiction and which, if committed within\nthis state, would have constituted a crime under New York state law;\n  (b) Having been found guilty of improper professional practice or\nprofessional misconduct by a duly authorized professional disciplinary\nagency of another state where the conduct upon which the finding was\nbased would, if committed in New York state, constitute professional\nmisconduct under the laws of New York state;\n  (c) Having been found guilty in an adjudicatory proceeding of\nviolating a state or federal statute or regulation, pursuant to a final\ndecision or determination, and when no appeal is pending, or after\nresolution of the proceeding by stipulation or agreement, and when the\nviolation would constitute professional misconduct pursuant to this\nsection;\n  (d) Having his or her license to practice medicine revoked, suspended\nor having other disciplinary action taken, or having his or her\napplication for a license refused, revoked or suspended or having\nvoluntarily or otherwise surrendered his or her license after a\ndisciplinary action was instituted by a duly authorized professional\ndisciplinary agency of another state, where the conduct resulting in the\nrevocation, suspension or other disciplinary action involving the\nlicense or refusal, revocation or suspension of an application for a\nlicense or the surrender of the license would, if committed in New York\nstate, constitute professional misconduct under the laws of New York\nstate;\n  (e) Having been found by the commissioner of health to be in violation\nof article thirty-three of the public health law;\n  10. Refusing to provide professional service to a person because of\nsuch person's race, creed, color or national origin;\n  11. Permitting, aiding or abetting an unlicensed person to perform\nactivities requiring a license;\n  12. Practicing the profession while the license is suspended or\ninactive as defined in subdivision thirteen of section two hundred\nthirty of the public health law, or willfully failing to register or\nnotify the department of education of any change of name or mailing\naddress, or, if a professional service corporation, willfully failing to\ncomply with sections fifteen hundred three and fifteen hundred fourteen\nof the business corporation law or, if a university faculty practice\ncorporation wilfully failing to comply with paragraphs (b), (c) and (d)\nof section fifteen hundred three and section fifteen hundred fourteen of\nthe business corporation law;\n  13. A willful violation by a licensee of subdivision eleven of section\ntwo hundred thirty of the public health law;\n  14. A violation of section twenty-eight hundred three-d, twenty-eight\nhundred five-k or subparagraph (ii) of paragraph (h) of subdivision ten\nof section two hundred thirty of the public health law; or\n  15. Failure to comply with an order issued pursuant to subdivision\nseven, paragraph (a) of subdivision ten, and subdivision seventeen of\nsection two hundred thirty of the public health law;\n  16. A willful or grossly negligent failure to comply with substantial\nprovisions of federal, state, or local laws, rules, or regulations\ngoverning the practice of medicine;\n  17. Exercising undue influence on the patient, including the promotion\nof the sale of services, goods, appliances, or drugs in such manner as\nto exploit the patient for the financial gain of the licensee or of a\nthird party;\n  18. Directly or indirectly offering, giving, soliciting, or receiving\nor agreeing to receive, any fee or other consideration to or from a\nthird party for the referral of a patient or in connection with the\nperformance of professional services;\n  19. Permitting any person to share in the fees for professional\nservices, other than: a partner, employee, associate in a professional\nfirm or corporation, professional subcontractor or consultant authorized\nto practice medicine, or a legally authorized trainee practicing under\nthe supervision of a licensee. This prohibition shall include any\narrangement or agreement whereby the amount received in payment for\nfurnishing space, facilities, equipment or personnel services used by a\nlicensee constitutes a percentage of, or is otherwise dependent upon,\nthe income or receipts of the licensee from such practice, except as\notherwise provided by law with respect to a facility licensed pursuant\nto article twenty-eight of the public health law or article thirteen of\nthe mental hygiene law;\n  20. Conduct in the practice of medicine which evidences moral\nunfitness to practice medicine;\n  21. Willfully making or filing a false report, or failing to file a\nreport required by law or by the department of health or the education\ndepartment, or willfully impeding or obstructing such filing, or\ninducing another person to do so;\n  22. Failing to make available to a patient, upon request, copies of\ndocuments in the possession or under the control of the licensee which\nhave been prepared for and paid for by the patient or client;\n  23. Revealing of personally identifiable facts, data, or information\nobtained in a professional capacity without the prior consent of the\npatient, except as authorized or required by law;\n  24. Practicing or offering to practice beyond the scope permitted by\nlaw, or accepting and performing professional responsibilities which the\nlicensee knows or has reason to know that he or she is not competent to\nperform, or performing without adequate supervision professional\nservices which the licensee is authorized to perform only under the\nsupervision of a licensed professional, except in an emergency situation\nwhere a person's life or health is in danger;\n  25. Delegating professional responsibilities to a person when the\nlicensee delegating such responsibilities knows or has reason to know\nthat such person is not qualified, by training, by experience, or by\nlicensure, to perform them.\n  25-a. With respect to any non-emergency treatment, procedure or\nsurgery which is expected to involve local or general anesthesia,\nfailing to disclose to the patient the identities of all physicians,\nexcept medical residents in certified training programs, podiatrists and\ndentists, reasonably anticipated to be actively involved in such\ntreatment, procedure or surgery and to obtain such patient's informed\nconsent to said practitioners' participation;\n  26. Performing professional services which have not been duly\nauthorized by the patient or his or her legal representative;\n  27. Advertising or soliciting for patronage that is not in the public\ninterest. (a) Advertising or soliciting not in the public interest shall\ninclude, but not be limited to, advertising or soliciting that: (i) is\nfalse, fraudulent, deceptive, misleading, sensational, or flamboyant;\n  (ii) represents intimidation or undue pressure;\n  (iii) uses testimonials;\n  (iv) guarantees any service;\n  (v) makes any claim relating to professional services or products or\nthe costs or price therefor which cannot be substantiated by the\nlicensee, who shall have the burden of proof;\n  (vi) makes claims of professional superiority which cannot be\nsubstantiated by the licensee, who shall have the burden of proof; or\n  (vii) offers bonuses or inducements in any form other than a discount\nor reduction in an established fee or price for a professional service\nor product.\n  (b) The following shall be deemed appropriate means of informing the\npublic of the availability of professional services: (i) informational\nadvertising not contrary to the foregoing prohibitions; and\n  (ii) the advertising in a newspaper, periodical or professional\ndirectory or on radio or television of fixed prices, or a stated range\nof prices, for specified routine professional services, provided that if\nthere is an additional charge for related services which are an integral\npart of the overall service being provided by the licensee, the\nadvertisement shall so state, and provided further that the\nadvertisement indicates the period of time for which the advertised\nprices shall be in effect.\n  (c)(i) All licensees placing advertisements shall maintain, or cause\nto be maintained, an exact copy of each advertisement, transcript, tape\nor video tape thereof as appropriate for the medium used, for a period\nof one year after its last appearance. This copy shall be made avail-\nable for inspection upon demand of the department of health;\n  (ii) A licensee shall not compensate or give anything of value to rep-\nresentatives of the press, radio, television or other communications\nmedia in anticipation of or in return for professional publicity in a\nnews item;\n  (d) No demonstrations, dramatizations or other portrayals of\nprofessional practice shall be permitted in advertising on radio or\ntelevision;\n  28. Failing to respond within thirty days to written communications\nfrom the department of health and to make available any relevant records\nwith respect to an inquiry or complaint about the licensee's\nprofessional misconduct. The period of thirty days shall commence on the\ndate when such communication was delivered personally to the licensee.\nIf the communication is sent from the department of health by registered\nor certified mail, with return receipt requested, to the address\nappearing in the last registration, the period of thirty days shall\ncommence on the date of delivery to the licensee, as indicated by the\nreturn receipt;\n  29. Violating any term of probation or condition or limitation imposed\non the licensee pursuant to section two hundred thirty of the public\nhealth law;\n  30. Abandoning or neglecting a patient under and in need of immediate\nprofessional care, without making reasonable arrangements for the\ncontinuation of such care, or abandoning a professional employment by a\ngroup practice, hospital, clinic or other health care facility, without\nreasonable notice and under circumstances which seriously impair the\ndelivery of professional care to patients or clients;\n  31. Willfully harassing, abusing, or intimidating a patient either\nphysically or verbally;\n  32. Failing to maintain a record for each patient which accurately\nreflects the evaluation and treatment of the patient, provided, however,\nthat a physician who transfers an original mammogram to a medical\ninstitution, or to a physician or health care provider of the patient,\nor to the patient directly, as otherwise provided by law, shall have no\nobligation under this section to maintain the original or a copy\nthereof. Unless otherwise provided by law, all patient records must be\nretained for at least six years. Obstetrical records and records of\nminor patients must be retained for at least six years, and until one\nyear after the minor patient reaches the age of eighteen years;\n  33. Failing to exercise appropriate supervision over persons who are\nauthorized to practice only under the supervision of the licensee;\n  34. Guaranteeing that satisfaction or a cure will result from the\nperformance of professional services;\n  35. Ordering of excessive tests, treatment, or use of treatment\nfacilities not warranted by the condition of the patient;\n  36. Claiming or using any secret or special method of treatment which\nthe licensee refused to divulge to the department of health;\n  37. Failing to wear an identifying badge, which shall be conspicuously\ndisplayed and legible, indicating the practitioner's name and\nprofessional title authorized pursuant to this chapter, while practicing\nas an employee or operator of a hospital, clinic, group practice or\nmulti-professional facility, or at a commercial establishment offering\nhealth services to the public;\n  38. Entering into an arrangement or agreement with a pharmacy for the\ncompounding and/or dispensing of coded or specially marked\nprescriptions;\n  39. With respect to all professional practices conducted under an\nassumed name, other than facilities licensed pursuant to article\ntwenty-eight of the public health law or article thirteen of the mental\nhygiene law, failing to post conspicuously at the site of such practice\nthe name and licensure field of all of the principal professional\nlicensees engaged in the practice at that site (i.e., principal\npartners, officers or principal shareholders);\n  40. Failing to provide access by qualified persons to patient\ninformation in accordance with the standards set forth in section\neighteen of the public health law as added by chapter 497 of the laws of\n1986;\n  41. Knowingly or willfully performing a complete or partial autopsy on\na deceased person without lawful authority;\n  42. Failing to comply with a signed agreement to practice medicine in\nNew York state in an area designated by the commissioner of education as\nhaving a shortage of physicians or refusing to repay medical education\ncosts in lieu of such required service, or failing to comply with any\nprovision of a written agreement with the state or any municipality\nwithin which the licensee has agreed to provide medical service, or\nrefusing to repay funds in lieu of such service as consideration of\nawards made by the state or any municipality thereof for his or her\nprofessional education in medicine, or failing to comply with any\nagreement entered into to aid his or her medical education;\n  43. Failing to complete forms or reports required for the\nreimbursement of a patient by a third party. Reasonable fees may be\ncharged for such forms or reports, but prior payment for the\nprofessional services to which such forms or reports relate may not be\nrequired as a condition for making such forms or reports available;\n  44. In the practice of psychiatry, (a) any physical contact of a\nsexual nature between licensee and patient except the use of films\nand/or other audiovisual aids with individuals or groups in the\ndevelopment of appropriate responses to overcome sexual dysfunction and\n(b) in therapy groups, activities which promote explicit physical sexual\ncontact between group members during sessions; and\n  45. In the practice of ophthalmology, failing to provide a patient,\nupon request, with the patient's prescription including the name,\naddress, and signature of the prescriber and the date of the\nprescription.\n  46. A violation of section two hundred thirty-nine of the public\nhealth law by a professional.\n  47. Failure to use scientifically accepted barrier precautions and\ninfection control practices as established by the department of health\npursuant to section two hundred thirty-a of the public health law.\n  48. A violation of section two hundred thirty-d of the public health\nlaw or the regulations of the commissioner of health enacted thereunder.\n  49. Except for good cause shown, failing to provide within one day any\nrelevant records or other information requested by the state or local\ndepartment of health with respect to an inquiry into a report of a\ncommunicable disease as defined in the state sanitary code, or HIV/AIDS.\n  50. Performing a pelvic examination or supervising the performance of\na pelvic examination in violation of subdivision seven of section\ntwenty-five hundred four of the public health law.\n  * 51. A violation of article twenty-eight-F of the public health law\nand/or regulations promulgated thereunder.\n  * NB Effective August 5, 2026\n
N.Y. EDN Law § 7709 — New York Code / Act EDN / Title 8 / Article 154 / Section 7709
Hospital privileges
Status: in_force

§ 7709. Hospital privileges. Nothing herein contained shall be deemed\nto authorize, grant, or extend hospital privileges to individuals\nlicensed under this article.\n
N.Y. EDN Law § 8700 — New York Code / Act EDN / Title 8 / Article 166 / Section 8700
Introduction
Status: in_force

§ 8700. Introduction. This article applies to the profession of\nmedical physics. The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. PBA Law § 1196-F — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-F
Bonds and notes of an authority
Status: in_force

§ 1196-f. Bonds and notes of an authority. 1. An authority shall have\nthe power and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. An\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by an authority may\nbe general obligations secured by the faith and credit of the authority\nor may be special obligations payable solely out of particular revenues\nor other moneys of the authority as may be designated in the proceedings\nof the authority under which the bonds shall be authorized to be issued,\nsubject to any agreements with the holders of outstanding bonds pledging\nparticular revenues or moneys.\n  2. An authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, to the extent now or hereafter available, as to, or for the\npayment or repayment of interest or principal, or both, or any part\nthereof, on any bonds or notes issued by the authority and to enter into\nany agreement or contract with respect to any such insurance or\nguaranty, except to the extent that the same would in any way impair or\ninterfere with the ability of the authority to perform and fulfill the\nterms of any agreement made with the holders of the bonds or notes of an\nauthority.\n  3. Bonds shall be authorized by resolution of an authority, be in such\ndenominations and bear such date or dates, mature at such time or times,\nexcept that bonds and any renewal thereof shall mature within forty\nyears of the date of their original issuance and notes and any renewal\nthereof shall mature within five years of the date of their original\nissuance. Such bonds shall be subject to such terms of redemption, bear\ninterest at such rate or rates payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or, upon the approval of the state\ncomptroller, at private sale for such price or prices as an authority\nshall determine, provided that no issue of bonds may be sold at private\nsale unless the terms of such sale shall have been approved by writing\nby (a) the comptroller, where such sale is not to the comptroller, or\n(b) the director of the division of the budget, where such sale is to\nthe comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by an authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (e) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (f) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (g) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (h) the terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (i) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred ninety-six-g of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (j) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (k) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (l) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (m) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (n) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon an authority to\nsecure its bonds, an authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act, which an\nauthority would have the right to do in the absence of such agreements.\nAn authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by an authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of an authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the directors of an authority nor any person executing\nbonds shall be liable personally thereon or be subject to any personal\nliability or accountability solely by reason of the issuance thereof.\n  9. An authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (i) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date, (ii) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n  10. An authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefore and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or a bond resolution of the authority may contain. Such notes may\nbe sold at public sale or, upon the approval of the state comptroller,\nat private sale. Such notes shall be as fully negotiable as the bonds of\nthe authority.\n
N.Y. EDN Law § 6811-A — New York Code / Act EDN / Title 8 / Article 137 / Section 6811-A
Certain drugs to be clearly marked or labeled
Status: in_force

§ 6811-a. Certain drugs to be clearly marked or labeled. 1. Except as\notherwise authorized in the Federal Food, Drug and Cosmetic Act, no drug\nfor which a prescription is required by the provisions of the Federal\nFood, Drug and Cosmetic Act or by the commissioner of health may be\nmanufactured or commercially distributed within this state in tablet or\ncapsule form unless it has clearly marked or imprinted on each such\ntablet or capsule in conformance with the applicable plan required by\nsubdivision three of this section:\n  (a) an individual symbol, number, company name, words, letters,\nmarking or National Drug Code (hereinafter referred to as N. D. C.)\nnumber identifying the manufacturer or distributor of the drug; and\n  (b) an N. D. C. number, symbol, number, letters, words or marking\nidentifying such drug or combination of drugs.\n  2. Except as otherwise authorized in the Federal Food, Drug and\nCosmetic Act, no drug for which any prescription is required by the\nprovisions of the Federal Food, Drug and Cosmetic Act or by the\ncommissioner of health contained within a bottle, vial, carton or other\ncontainer, or in any way affixed or appended to or enclosed within a\npackage of any kind, and designed or intended for delivery in such\ncontainer or package to an ultimate consumer, shall be manufactured or\ndistributed within this state unless such container or package has\nclearly and permanently marked or imprinted upon it in conformance with\nthe applicable plan required by subdivision three of this section:\n  (a) an individual symbol, N. D. C. number, company name, number,\nletters, words or marking identifying the manufacturer or distributor of\nthe drug;\n  (b) an N. D. C. number, symbol, number, letters, words or marking\nidentifying such drug or combination of drugs; and\n  (c) whenever the distributor of the prescription drug product does not\nalso manufacture the product the names and places of business of both\nshall appear on the label in words clearly distinguishing each.\n  3. (a) Each manufacturer and distributor shall prepare and submit to\nthe commissioner of health a proposed plan of the manufacturer or\ndistributor, as the case may be, to have its products comply with the\nmarking and labeling requirements of this section.\n  (b) Such plan shall be in writing and shall give the respective dates\nby which the various products manufactured or distributed will each\ncontain the required mark or label. The plan shall state the reasons why\nthe projected date of compliance has been proposed and such other\ninformation deemed relevant or that the commissioner of health shall\nrequire.\n  (c) The commissioner may either approve the plan as proposed or, after\nconsultation with the manufacturer or distributor, require an amendment\nor the commissioner may promulgate a plan for the manufacturer or\ndistributor. No plan or amendment to the plan shall be effective until\napproved or promulgated by the commissioner of health upon a finding by\nhim that the time limitations provided for therein are reasonable and\nwill best carry out the intendment of this section.\n  4. Each manufacturer and/or distributor shall publish and make\navailable, upon request, to the department of education, to each\nphysician, dentist, pharmacy, hospital or other institution wherein such\ndrugs may be used, a printed material which will identify each imprint\nused by the manufacturer or distributor. Updated materials shall be\nprovided as changes occur, upon the filing of an annual request. The\nprovisions of this subdivision shall be deemed to be complied with when\na prescription drug product is included in the Physician's Desk\nReference.\n  5. Every person, firm or corporation violating the provisions of this\nsection for any prescription drug product shall be guilty of an offense\npunishable by a fine of not less than twenty-five hundred dollars nor\nmore than ten thousand dollars. Any prescription drug product prepared\nor manufactured in violation of this section shall be contraband and\nsubject to seizure either by the state board of pharmacy or by any law\nenforcement officer of the state.\n  6. The provisions of this section shall not apply to any tablet or\ncapsule which contains a controlled substance as that term is defined by\narticle thirty-three of the public health law or which is prepared or\nmanufactured by a pharmacist duly licensed by the state which is made by\nhim for the purpose of retail sale from his principal place of business\nand not intended for resale.\n  7. The commissioner of health may exempt a particular tablet or\ncapsule from the requirements of this section, upon application by a\nmanufacturer, on the grounds that labeling such a tablet or capsule is\nunfeasible because of size or texture or other unique characteristics.\n  8. (a) As used in this section, the term "distributor" means the\nperson, firm, corporation or other entity which is not the actual\nmanufacturer of a prescription drug product but which distributes such\nproduct for resale under the label of such person, firm, corporation or\nentity.\n  (b) For purposes of subdivision four "drug product" means the entire\nsupply of the finished dosage form of the drug.\n
N.Y. EDN Law § 6503-B — New York Code / Act EDN / Title 8 / Article 130* / Section 6503-B
Waiver for certain special education schools and early intervention agencies
Status: in_force

§ 6503-b. Waiver for certain special education schools and early\nintervention agencies. 1. Definitions. As used in this section the\nfollowing terms shall have the following meanings:\n  a. "Special education school" means an approved program as defined in\nparagraph b of subdivision one of section forty-four hundred ten of this\nchapter that meets the requirements of paragraph b of subdivision six of\nsuch section forty-four hundred ten; an approved private non-residential\nor residential school for the education of students with disabilities\nthat is located within the state; a child care institution as defined in\nsection four thousand one of this chapter that operates a private school\nfor the education of students with disabilities or an institution for\nthe deaf or blind operating pursuant to article eighty-five of this\nchapter that either: (1) conducts a multi-disciplinary evaluation for\npurposes of articles eighty-one or eighty-nine of this chapter that\ninvolves the practice of one or more professions for which a license is\nrequired pursuant to this title and no exception from corporate practice\nrestrictions applies, or (2) provides related services to students\nenrolled in the school or approved program that involves the practice of\none or more professions for which a license is required pursuant to this\ntitle and no exception from practice restrictions applies. Such term\nshall not include a school district, board of cooperative educational\nservices, municipality, state agency or other public entity. Nothing in\nthis section shall be construed to require a child care institution that\nconducts multi-disciplinary evaluations or provides related services\nthrough an approved private nonresidential school operated by such child\ncare institution to obtain a waiver, provided that such school obtains a\nwaiver pursuant to this section.\n  b. "Early intervention agency" means an agency which is approved or is\nseeking approval in accordance with title two-A of article twenty-five\nof the public health law to deliver early intervention program\nmulti-disciplinary evaluations, service coordination services and early\nintervention program services, and is lawfully operated as a sole\nproprietorship or by a partnership, not-for-profit corporation,\neducation corporation, business corporation, a limited liability company\nor professional services organization established pursuant to article\nfifteen of the business corporation law, article twelve or thirteen of\nthe limited liability company law or article eight-B of the partnership\nlaw.\n  c. "Early intervention program services" means early intervention\nservices as defined in subdivision seven of section twenty-five hundred\nforty-one of the public health law that are provided under the early\nintervention program and authorized in an eligible child's\nindividualized family services plan.\n  d. "Multi-disciplinary evaluation" for purposes of a special education\nschool means a multi-disciplinary evaluation of a preschool child\nsuspected of having a disability or a preschool child with a disability\nthat is conducted pursuant to section forty-four hundred ten of this\nchapter or an evaluation of a school-age child suspected of having a\ndisability or with a disability which is conducted by a child care\ninstitution that operates a special education school or the special\neducation school operated by such institution pursuant to subdivision\nthree of section four thousand two of this chapter or by an institution\nfor the deaf or blind operating pursuant to article eighty-five of this\nchapter or an evaluation of a school-age child suspected of having a\ndisability or with a disability that is authorized to be conducted by a\nspecial education school pursuant to any other provision of this chapter\nand the regulations of the commissioner for purposes of identification\nof the child as a child with a disability or the development of an\nindividualized education program for the child.\n  e. "Multi-disciplinary evaluation" for purposes of the early\nintervention program means a professional, objective assessment\nconducted by appropriately qualified personnel in accordance with\nsection twenty-five hundred forty-four of the public health law and its\nimplementing regulations to determine a child's eligibility for early\nintervention program services.\n  f. "Related services" means related services as defined in paragraph g\nof subdivision two of section four thousand two, paragraph k of\nsubdivision two of section forty-four hundred one, or paragraph j of\nsubdivision one of section forty-four hundred ten of this chapter\nprovided to a child with a disability pursuant to such child's\nindividualized education program.\n  2. Waiver. a. No special education school may employ individuals\nlicensed pursuant to this article to conduct components of a\nmulti-disciplinary evaluation of a child with a disability or a child\nsuspected of having a disability or to provide related services to\nchildren with disabilities enrolled in the school, and no special\neducation school may provide such an evaluation component or related\nservices by contract with an individual licensed or otherwise authorized\nto practice pursuant to this article or with an entity authorized by law\nto provide such professional services, unless such school obtains a\nwaiver pursuant to this section. All special education schools approved\nby the commissioner as of the effective date of this section shall be\ndeemed operating under a waiver pursuant to this section for a period\ncommencing on such effective date and ending on July first, two thousand\nthirteen.\n  b. No early intervention agency may employ or contract with\nindividuals licensed pursuant to this article or with a not-for-profit\ncorporation, education corporation, business corporation, limited\nliability company, or a professional services organization established\npursuant to article fifteen of the business corporation law, article\ntwelve or thirteen of the limited liability company law or article\neight-B of the partnership law, to conduct an early intervention program\nmulti-disciplinary evaluation, provide service coordination services or\nearly intervention program services unless such agency has obtained a\nwaiver pursuant to this section and has been approved in accordance with\ntitle two-A of article twenty-five of the public health law as an early\nintervention program provider. All early intervention agencies approved\nas of the effective date of this section shall be deemed to be operating\nunder a waiver pursuant to this section for a period commencing on such\neffective date and ending on July first, two thousand thirteen. Nothing\nin this section shall be construed to require an early intervention\nagency to operate under a waiver in accordance with this section\nprovided that it is otherwise authorized by law to provide the\napplicable professional services.\n  3. Obtaining a waiver. a. A special education school and early\nintervention agency shall obtain an application for a waiver on a form\nprescribed by the department. The department may issue a waiver on or\nafter July first, two thousand thirteen to an entity which was created\nbefore, on or after the effective date of this section if there is\ndemonstration of need of the entity's services satisfactory to the\ndepartment. The application for an initial waiver shall be accompanied\nby a fee of three hundred forty-five dollars. Where the applicant\nsimultaneously applies for a waiver as a special education school and\nearly intervention agency the total waiver fee shall be three hundred\nforty-five dollars.\n  b. Within one hundred twenty days after the commissioner prescribes\nthe application form and posts notice of its availability on the\ndepartment's website, a special education school or early intervention\nagency must apply for a waiver. Upon submission of such application, the\nschool or agency may continue to operate and provide services until the\ndepartment shall either deny or approve the application. After the\ndepartment renders a timely initial determination that the applicant has\nsubmitted the information necessary to verify that the requirements of\nparagraphs c, d and e of this subdivision are satisfied, applications\nfor waivers shall be approved or denied within ninety days, provided\nhowever that if the waiver application is denied the school or agency\nshall cease providing services pursuant to this subdivision in the state\nof New York.\n  c. Such waiver shall provide that services rendered pursuant to this\nsection, directly or indirectly, shall be provided only by a person\nappropriately licensed to provide such services, except as otherwise\nprovided in law, to provide such services or by a professional services\nentity authorized by law to provide such services.\n  d. An application for a waiver to provide professional services\npursuant to this section shall be on a form prescribed by the\ncommissioner. Such application shall include: (i) the name of the\nspecial education school or early intervention agency; (ii) the names of\nthe directors or trustees and officers of such school or agency; (iii) a\nlisting of any other jurisdictions where such school or agency may\nprovide services; and (iv) an attestation made by an officer authorized\nby such school or agency to make such attestation that identifies the\nscope of services to be provided; includes a list of professions under\nthis title in which professional services will be provided by such\nschool or agency; includes a statement that, unless otherwise authorized\nby law, the school or agency shall only provide services authorized\nunder this section; includes a statement that only a licensed\nprofessional, a person otherwise authorized to provide such services, or\na professional services entity authorized by law to provide such\nservices shall provide such services as authorized under this section;\nand attests to the adequacy of the school's or agency's fiscal and\nfinancial resources to provide such services. Such application shall\nalso include any other information related to the application as may be\nrequired by the department. A school or agency with an approved waiver\nmay apply, on a form prescribed by the commissioner, to amend the waiver\nto add additional professional services.\n  e. Each officer, trustee and director of such school or agency shall\nprovide an attestation regarding his or her good moral character as\nrequired pursuant to paragraph g of this subdivision. The commissioner\nshall be further authorized to promulgate rules or regulations relating\nto the standards of the waiver for special education schools and early\nintervention agencies pursuant to this section. Such regulations shall\ninclude standards relating to the school's or agency's ability to\nprovide services, the school's or agency's maintenance of student or\nclient and business records, the school's or agency's fiscal policies,\nand such other standards as may be prescribed by the commissioner.\n  f. The special education school or early intervention agency operating\npursuant to a waiver shall display, at each site where services are\nprovided to the public, a certificate of such waiver issued by the\ndepartment pursuant to this section, which shall contain the name of the\nschool or agency and the address of the site. Such schools or agencies\nshall obtain from the department additional certificates for each site\nat which professional services are provided to the public. Each school\nor agency shall be required to re-apply for a waiver every three years.\nAn early intervention agency's waiver shall not be renewed unless the\nagency is approved to provide early intervention program\nmulti-disciplinary evaluations, service coordination or early\nintervention program services in accordance with title two-A of article\ntwenty-five of the public health law. Except as otherwise provided in\nsubdivision four of this section, if any information supplied to the\ndepartment regarding the school or agency shall change, the school or\nagency shall be required to provide such updated information to the\ndepartment within sixty days.\n  g. All officers, trustees and directors of such schools or agencies\nshall be of good moral character. Schools or agencies operating pursuant\nto a waiver and their officers and directors shall be entitled to the\nsame due process procedures as are provided to such individuals and\nprofessional services corporations. No waiver issued under this section\nshall be transferable or assignable; as such terms are defined in the\nregulations of the commissioner.\n  4. Renewal of waiver. A. All special education school and early\nintervention agency waivers shall be renewed on dates set by the\ndepartment. The triennial waiver fee shall be two hundred sixty dollars\nor a pro-rated portion thereof as determined by the department. An early\nintervention agency's waiver shall not be renewed unless the agency is\napproved to provide early intervention program multi-disciplinary\nevaluations, service coordination nor early intervention program\nservices in accordance with title two-A of article twenty-five of the\npublic health law.\n  5. Change of location. In the event that a change in the location of\nthe chief administrative offices of a special education school or early\nintervention agency is contemplated, the owner shall notify the office\nof professions of the department of the change of location at least\nthirty days prior to relocation.\n  6. Professional practice. a. Notwithstanding any other provision of\nlaw to the contrary, a special education school operating under a waiver\nmay employ individuals licensed or otherwise authorized to practice any\nprofession pursuant to this article to conduct components of a\nmulti-disciplinary evaluation of a child with a disability or a child\nsuspected of having a disability or to provide related services to\nchildren with disabilities enrolled in the school or may provide\ncomponents of such an evaluation or such related services by contract\nwith an individual licensed or otherwise authorized to practice pursuant\nto this article or a not-for-profit corporation, education corporation,\nbusiness corporation, limited liability company or professional services\norganization established pursuant to article fifteen of the business\ncorporation law, article twelve or thirteen of the limited liability\ncompany law or article eight-B of the partnership law authorized by law\nto provide the applicable professional services.\n  b. Notwithstanding any other provision of law to the contrary, an\nearly intervention agency operating under a waiver that is approved in\naccordance with title two-A of article twenty-five of the public health\nlaw may employ or contract with individuals licensed or otherwise\nauthorized to practice any profession pursuant to this article or with a\nnot-for-profit corporation, education corporation, business corporation,\nlimited liability company or professional services organization\nestablished pursuant to article fifteen of the business corporation law,\narticle twelve or thirteen of the limited liability company law or\narticle eight-B of the partnership law authorized to conduct early\nintervention program multi-disciplinary evaluations, provide service\ncoordination services and early intervention program services.\n  c. A special education school or early intervention agency operating\nunder a waiver shall not practice any profession licensed pursuant to\nthis title or hold itself out to the public as authorized to provide\nprofessional services pursuant to this title except as authorized by\nthis section or otherwise authorized by law.\n  7. Supervision of professional practice. A special education school or\nearly intervention agency shall be under the supervision of the regents\nof the university of the state of New York and be subject to\ndisciplinary proceedings and penalties. A special education school or\nearly intervention agency operating under a waiver shall be subject to\nsuspension, revocation or annulment of the waiver for cause, in the same\nmanner and to the same extent as is provided with respect to individuals\nand their licenses, certificates, and registrations in the provisions of\nthis title relating to the applicable profession. Notwithstanding the\nprovisions of this subdivision, a special education school or early\nintervention agency that conducts or contracts for a component of a\nmulti-disciplinary evaluation that involves the practice of medicine\nshall be subject to the pre-hearing procedures and hearing procedures as\nis provided with respect to individual physicians and their licenses in\ntitle two-A of article two of the public health law. Notwithstanding any\nother provision of law to the contrary, upon revocation or other\ntermination by the commissioner of approval of the special education\nschool pursuant to article eighty-nine of this chapter and the\nregulations of the commissioner implementing such article or termination\nof the early intervention agency pursuant to title two-A of article\ntwenty-five of the public health law and implementing regulations by the\ncommissioner pursuant to subdivision eighteen of section forty-four\nhundred three of this chapter, the school's or early intervention\nagency's waiver pursuant to this section shall be deemed revoked and\nannulled.\n
N.Y. EDN Law § 6540 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6540
Definitions
Status: in_force

§ 6540. Definitions. As used in this article: 1. Physician assistant.\nThe term "physician assistant" means a person who is licensed as a\nphysician assistant pursuant to this article.\n  2. Physician. The term "physician" means a practitioner of medicine\nlicensed to practice medicine pursuant to article one hundred thirty-one\nof this chapter.\n  3. Approved program. The term "approved program" means a program for\nthe education of physician assistants which has been formerly approved\nby the department.\n  4. Hospital. The term "hospital" means an institution or facility\npossessing a valid operating certificate issued pursuant to article\ntwenty-eight of the public health law and authorized to employ physician\nassistants in accordance with rules and regulations of the public health\nand health planning council.\n
N.Y. RSS Law § 360 — New York Code / Act RSS / Article 8 / Title 8 / Section 360
Ordinary death benefit
Status: in_force

§ 360. Ordinary death benefit. a. An ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember who:\n  1. Died before the effective date of his retirement, and\n  2. Was in service upon which his membership was based when he died or\nwas on the payroll in such service and paid within a period of twelve\nmonths prior to his death or within a period of twenty-four months prior\nto his death if on leave of absence as set forth below and had, unless\nhis service was based on seasonal employment, not been otherwise\ngainfully employed since he ceased to be on such payroll except while on\nleave of absence which was granted in accordance with the provisions of\nsubdivision i of section three hundred forty-one of this chapter and\nwhich commenced during the period from April first, nineteen hundred\nsixty-six through June thirtieth, nineteen hundred seventy-four, to\nperform services as a civilian officer or employee of the Federal\ngovernment or one of its agencies or a contractor of the United States\nAgency for International Development engaged to perform the work of such\nagency, the United Nations, any other international organization of\nwhich the United States of America is a member, or a foreign government,\nand\n  3. Has credit for one or more years of service while actually a\nmember.  This requirement of one or more years of service while actually\na member shall not be applicable to the reserve-for-increased-take-\nhome-pay and shall be subject to waiver as provided in subdivision e of\nsection three hundred forty-one of this article.\n  An ordinary death benefit shall not be payable in any case in which an\naccidental death benefit is payable provided, however, that where\npayments made pursuant to section three hundred sixty-one of this\nchapter on account of an accidental death benefit, computed without\nreduction pursuant to section three hundred sixty-four of this article,\nand the reserve-for-increased-take-home-pay total less than the ordinary\ndeath benefit and the reserve-for-increased-take-home-pay that would\nhave been computed and made payable pursuant to this section three\nhundred sixty in the case of ordinary death, the difference shall be\npaid to the beneficiary or member's estate to which the ordinary death\nbenefit and reserve-for-increased-take-home-pay would have been paid.\nProvided further, that where the beneficiary or beneficiaries designated\nto receive the accidental death benefit pursuant to section three\nhundred sixty-one of this chapter is the same beneficiary or\nbeneficiaries designated by the member to receive the ordinary death\nbenefit, then, and in that case the beneficiary or beneficiaries may\nelect to receive, in a lump sum, the value of the ordinary death benefit\nand the reserve-for-increased-take-home-pay, if any, that would have\nbeen computed and made payable pursuant to the provisions hereof in case\nof ordinary death, in lieu of any other benefit.\n  Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for an ordinary death\nbenefit and/or guaranteed ordinary death benefit, a member shall be\nconsidered to have died while in service upon which his or her\nmembership was based provided such member was on the payroll in the\nservice upon which membership is based at the time he or she was ordered\nto active duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code\nand died while on such active duty or service in the uniformed services\non or after June fourteenth, two thousand five. Provided, further, that\nany such member ordered to active duty with the armed forces of the\nUnited States or to service in the uniformed services who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthis benefit shall be considered to have satisfied the minimum service\nrequirement.\n  aa. Notwithstanding the provisions of section three hundred ninety of\nthis article, an ordinary death benefit plus the reserve-for-increased-\ntake-home-pay shall be payable to the beneficiary designated in a valid\nelection of "Option One-half", if any, or in the manner provided by\nsubdivisions c, d, or e of this section, in any other case, if a retired\nmember shall die where:\n  1. His application for retirement became effective prior to his death,\nand\n  2. No optional election by him was in effect at the time of his death,\nor he had made and filed a valid election to receive his retirement\nallowance without optional modification or under "Option One-half", and\n  3. He died within the period of thirty days immediately after his\nretirement became effective.\nThe amount of the ordinary death benefit so payable under this\nsubdivision shall be reduced by the amount of any pension payment that\nmay have been paid on account of such retirement.\n  The provisions of this subdivision shall apply in any case where death\noccurred on or after January first, nineteen hundred fifty-four.\n  b. The ordinary death benefit plus the reserve-for-increased-take-\nhome-pay shall be payable from the pension accumulation fund. The\nordinary death benefit shall not exceed the compensation earnable by\nsuch member during his last twelve months of service while a member. The\namount thereof shall be computed by multiplying one-twelfth of such\ncompensation by the number of years, not to exceed twelve, of his total\nservice credit. Provided, however, that where the member has more than\ntwelve years of total service credit and where his death occurs on or\nafter April first, nineteen hundred sixty-seven and on or before June\nthirtieth, nineteen hundred seventy-four, there shall be added to such\nordinary death benefit one-twenty-fourth of such compensation multiplied\nby the number of years, not to exceed twenty-four, but exclusive of the\nfirst twelve, of his total service credit. Provided, further, that where\na member, qualified under subdivisions a or aa of this section, would\nhave been entitled to a service retirement benefit at the time of his\ndeath and where his death occurs on or after April first, nineteen\nhundred sixty-seven, and on or before June thirtieth, nineteen hundred\nseventy-four, the amount payable under this section shall be equal to\nthe pension reserve that would have been established had the member\nretired on the date of his death, unless the ordinary death benefit and\nthe reserve-for-increased-take-home-pay, hereinabove provided for, shall\nbe in excess thereof.\n  In the case of a retired member who has returned to service, total\nservice credit for purposes of this section only, shall include service\nrendered prior to his or her retirement, provided that he or she shall\nhave rendered at least one year of service since he or she last became a\nmember or provided he or she shall have rendered since he or she\nreturned to public service one year of service during which he or she\nelected pursuant to subdivision a of section four hundred one of this\narticle not to be restored to membership in the police and fire\nretirement system. The member's accumulated contributions shall be\nrefunded in accordance with subdivision d of section three hundred\nfifty-one of this article.\n  bb. (a) An ordinary death benefit shall be payable upon the death of a\nmember who was in the employ of the state during its participation under\nsection three hundred seventy-five-a of this chapter or of a\nparticipating employer while such employer is participating under the\nprovisions of section three hundred seventy-five-b of this chapter.\n  The provisions of this subdivision bb shall apply in any case where\ndeath occurred on or April first, nineteen hundred sixty-seven and prior\nto July first, nineteen hundred seventy-four.\n  (b) The ordinary death benefit shall be payable from the pension\naccumulation fund. Such ordinary death benefit shall be based on\ncompensation earnable by such member during his last twelve months of\nservice while a member. The amount thereof shall be computed by\nmultiplying one-twelfth of such compensation by the number of years, not\nto exceed thirty-six, of his total service credit. Provided that where a\nmember qualified under subdivisions a and aa of this section would have\nbeen eligible for service retirement at the time of his death and where\nhis death occurs on or after April first, nineteen hundred sixty-seven\nand prior to July first, nineteen hundred seventy-four, the amount\npayable under this section shall be equal to the pension reserve that\nwould have been established pursuant to section three hundred\nseventy-five-c had the member retired on the date of his death, unless\nthe ordinary death benefit hereinabove provided for, shall be in excess\nthereof. The benefit provided herein shall be in lieu of the ordinary\ndeath benefit presently payable under other provisions of this chapter,\nunless the benefit under such other provisions shall be in excess of\nthose provided for herein, in which event the greater benefit shall be\npayable.\n  (c) In the case of a retired member who has returned to service, total\nservice credit, for purposes of this subdivision only, shall include\nservice rendered prior to his retirement, provided that he shall have\nrendered at least one year of service since he last became a member, or\nprovided he shall have rendered since he returned to public service one\nyear of service during which he elected pursuant to subdivision a of\nsection four hundred one of this article not to be restored to\nmembership in the retirement system. The member's accumulated\ncontributions shall be refunded in accordance with subdivision d of\nsection three hundred fifty-one of this article.\n  c. The ordinary death benefit and the reserve-for-increased-take-\nhome-pay shall be paid to the member's estate or to such person as he\nshall have nominated to receive such ordinary death benefit. To be\neffective, such a nomination must be in the form of a written\ndesignation, duly acknowledged and filed with the comptroller for this\nspecific purpose. In the event such a designated beneficiary does not\nsurvive him, or if he shall not have so designated a beneficiary, such\nbenefit shall be payable to the deceased member's estate or as provided\nin section one thousand three hundred ten of the surrogate's court\nprocedure act.\n  d. The member, or on the death of the member, the person nominated by\nhim to receive his death benefit, may provide, by written designation,\nduly executed and filed with the comptroller, that such death benefit\nand the reserve-for-increased-take-home-pay shall be paid in the form of\nan annuity. Such designation shall be filed prior to or within ninety\ndays after the death of the member. The amount of such annuity shall be\ndetermined as the actuarial equivalent of such death benefit and reserve\non the basis of the age of such beneficiary at the time of the member's\ndeath and regular interest.\n  e. A member, or after his death, the person nominated by him to\nreceive his ordinary death benefit, may elect to receive the actuarial\nequivalent of the annuity specified in subdivision d of this section in\nthe form of a reduced annuity, payable for life, with the further\nproviso that if the person so nominated should die before the annuity\npayments received by him are equal to such actuarial equivalent, the\nbalance thereof shall be paid in a lump sum to such beneficiary's estate\nor to such person as such member or his nominee shall have designated\nprior to his death. Such election shall be made prior to or within\nninety days after the death of the member. Such designation of a\nbeneficiary to receive such lump sum may be made or changed at any time\nby the person who made it. Such election, designation or change shall be\nmade by a writing duly executed and filed with the comptroller. If the\nperson nominated to receive such lump sum does not survive the member's\nbeneficiary, such lump sum, if any, shall be payable to the estate of\nthe member's beneficiary or as provided in section one thousand three\nhundred ten of the surrogate's court procedure act.\n  f. Special death benefit. Notwithstanding any provision of paragraph\nthree of subdivision a of this section to the contrary, a special death\nbenefit shall be payable upon the death of an officer or member of the\nstate police who is subject to the provisions of section three hundred\neighty-one-b of this chapter, and who has credit for ninety or more days\nof service while actually a member of the retirement system. In lieu of\nthe ordinary death benefit payable pursuant to subdivisions b or bb of\nthis section, the special death benefit shall be payable upon the death\nof an officer or member of the state police and shall be equal to three\ntimes the member's compensation earnable during his last twelve months\nof service as a member, raised to the next higher multiple of one\nthousand dollars. If, however, the ordinary death benefit payable\npursuant to subdivision b or bb of this section upon the death of an\nofficer or member of the state police who had been in service on or\nbefore April first, nineteen hundred sixty-nine would have exceeded the\nspecial death benefit otherwise payable pursuant to this subdivision had\nhe not elected to come under the provisions of section three hundred\neighty-one-b, the special death benefit payable under this subdivision\nshall be equal to that benefit which he would have received had he\nremained in his former plan. In no case shall the amount payable as a\nspecial death benefit on behalf of an officer or member of the state\npolice who enters or re-enters service in the division after April\nfirst, nineteen hundred sixty-nine exceed three times the member's\ncompensation earnable during his last twelve months of service as a\nmember, raised to the next higher multiple of one thousand dollars.\n  g. 1. Notwithstanding any provision of paragraph three of subdivision\na of this section to the contrary and in lieu of the ordinary death\nbenefit payable pursuant to subdivisions b or bb of this section or the\nguaranteed ordinary death benefit payable pursuant to section three\nhundred sixty-a of this article, a special death benefit shall be\npayable upon the death in service of a security services unit member or\nparkway police unit member or security supervisors unit member who is\nsubject to the provisions of this article, and who has credit for ninety\nor more days of service while actually a member of the retirement\nsystem.\n  2. The special death benefit provided under this section to the\nbeneficiary of such security services unit member or parkway police unit\nmember or security supervisors unit member shall be:\n  (a) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who was employed by the\nstate on or before the date this act takes effect, equal to three times\nthe member's compensation earnable during his last twelve months of\nservice as a member or, if he had not completed twelve months of service\nprior to the date of his death, three times the compensation he would\nhave earned had he worked for twelve months prior to such date, in\neither case raised to the next higher multiple of one thousand dollars.\nIf, however, the ordinary death benefit payable pursuant to subdivision\nb or bb of this section upon the death of such a security services\nmember or parkway police unit member or security supervisors unit member\nwould have exceeded the special death benefit payable pursuant to this\nsubdivision, the special death benefit payable in the event of the death\nof such a member prior to July first, nineteen hundred seventy-one shall\nbe equal to that benefit which would have otherwise been payable\npursuant to subdivision b or bb of this section notwithstanding any\nprovision of paragraph one of this subdivision to the contrary; or\n  (b) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who enters service after\nthe date this act takes effect, equal to three times the member's\ncompensation earnable during his last twelve months of service as a\nmember or, if he has not completed twelve months of service prior to the\ndate of his death, three times the compensation he would have earned had\nhe worked for twelve months prior to such date, in either case raised to\nthe next higher multiple of one thousand dollars.\n  3. For the purpose of this subdivision: (a) the terms "security\nservices unit member", "parkway police unit member", and "security\nsupervisors unit member" shall mean a member in the employ of the state\nin the collective negotiating unit designated as the security services\nunit or parkway police unit or security supervisors unit established\npursuant to article fourteen of the civil service law; and\n  (b) the term "death in service" shall include the death of such a\nmember who dies while off the payroll provided he or she (i) was on the\npayroll in such service and paid within a period of twelve months prior\nto his or her death, or was on the payroll in the service upon which\nmembership is based at the time he or she was ordered to active duty\npursuant to Title 10 of the United States Code, with the armed forces of\nthe United States or to service in the uniformed services pursuant to\nChapter 43 of Title 38 of the United States Code and died while on such\nactive duty or service in the uniformed services on or after June\nfourteenth, two thousand five, (ii) had not been otherwise gainfully\nemployed since he or she ceased to be on such payroll and (iii) had\ncredit for one or more years of continuous service since he or she last\nentered or reentered the service of his or her employer. Provided,\nfurther, that any such member ordered to active duty pursuant to Title\n10 of the United States Code, with the armed forces of the United States\nor to service in the uniformed services pursuant to Chapter 43 of Title\n38 of the United States Code who died prior to rendering the minimum\namount of service necessary to be eligible for this benefit shall be\nconsidered to have satisfied the minimum service requirement.\n  4. The provisions of this subdivision shall apply in any case where\ndeath occurs on or after the date this subdivision takes effect and\nprior to July first, nineteen hundred seventy-four.\n
N.Y. VAT Law § 1664 — New York Code / Act VAT / Title 8 / Article 41 / Section 1664
Application of article
Status: in_force

§ 1664. Application of article. This article shall not apply with\nrespect to state highways maintained by the state which are controlled\naccess highways, nor to highways under the jurisdiction of the New York\nstate thruway authority, the office of parks and recreation, a county\npark commission, a parkway authority, a bridge authority, or a bridge\nand tunnel authority.\n
N.Y. VAT Law § 1674 — New York Code / Act VAT / Title 8 / Article 43 / Section 1674
Organization and reports by the board
Status: in_force

§ 1674. Organization and reports by the board.  The traffic safety\nboard shall:\n  1. Meet and organize within fifteen days after its members are\nappointed.\n  2. Elect annually a chairman, vice-chairman and a secretary from its\nmembers.\n  3. Adopt rules for the conduct of its business.\n  4. Within the limits of the appropriations made therefor by the city\ncouncil, town board, borough president or board of supervisors or other\ngoverning body of the city, town, borough or county for which such board\nhas been created, authorize the employment of such personnel as may be\nnecessary to properly perform the functions and carry out the objectives\nof this article.\n  5. Appoint an executive secretary who shall be the executive and\nadministrative officer of the board.\n  6. Render annually to the city council, town board, borough president\nor board of supervisors or other governing body of the city, town,\nborough or county for which such board has been created, and from time\nto time as required, a verified account of all moneys received and\nexpended by it or under its direction and an account of its proceedings\nand of other pertinent matters in such form and manner as may be\nrequired by such board or body.\n  7. Submit annually to the proper fiscal authorities of the city, town,\nborough or county for which such board has been created, at such time in\nsuch manner as may be required by the law applicable thereto, an\nestimate of the funds required to carry out the purposes of this\narticle.\n  8. Submit a report of activities annually to the state and, from time\nto time, such other information or reports as may be required by the\nstate pursuant to the provisions of article 16-a of the executive law.\n
N.Y. PBA Law § 1196-N — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-N
Interest in contracts prohibited
Status: in_force

§ 1196-n. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member or any officer, agent, servant or employee of an\nauthority to be in any way or manner interested, directly or indirectly,\nin the furnishing of work, materials, supplies or labor, or in any\ncontract therefor which the authority is empowered by this title to\nmake.\n
N.Y. EDN Law § 7901 — New York Code / Act EDN / Title 8 / Article 156 / Section 7901
Definition
Status: in_force

§ 7901. Definition. 1. The practice of the profession of occupational\ntherapy is defined as the functional evaluation of the client, the\nplanning and utilization of a program of purposeful activities, the\ndevelopment and utilization of a treatment program, and/or consultation\nwith the client, family, caregiver or organization in order to restore,\ndevelop or maintain adaptive skills, and/or performance abilities\ndesigned to achieve maximal physical, cognitive and mental functioning\nof the client associated with his or her activities of daily living and\ndaily life tasks. A treatment program designed to restore function,\nshall be rendered on the prescription or referral of a physician, nurse\npractitioner or other health care provider acting within his or her\nscope of practice pursuant to this title, except as provided for in\nsubdivision two of this section. However, nothing contained in this\narticle shall be construed to permit any licensee hereunder to practice\nmedicine or psychology, including psychotherapy or to otherwise expand\nsuch licensee's scope of practice beyond what is authorized by this\nchapter.\n  2. Treatment may be rendered by a licensed occupational therapist for\nten visits, or thirty days, whichever shall occur first, without a\nreferral from a physician or nurse practitioner provided that:\n  (a) the licensed occupational therapist has practiced occupational\ntherapy on a full time basis equivalent to not less than three years;\nand\n  (b) each occupational therapist licensed pursuant to this article\nshall provide written notice to each patient receiving treatment absent\na referral from a physician or nurse practitioner that occupational\ntherapy may not be covered by the patient's health care plan or insurer\nwithout such a referral and that such treatment may be a covered expense\nif rendered pursuant to a referral. The occupational therapist shall\nkeep on file with the patient's records a form attesting to the\npatient's notice of such advice. Such form shall be in duplicate, with\none copy to be retained by the patient, signed and dated by both the\noccupational therapist and the patient in such form as prescribed\npursuant to regulations promulgated by the commissioner.\n
N.Y. EDN Law § 7405 — New York Code / Act EDN / Title 8 / Article 149 / Section 7405
Requirements for a license as a public accountant
Status: in_force

§ 7405. Requirements for a license as a public accountant.  To qualify\nfor a license as a public accountant, an applicant shall fulfill the\nfollowing requirements:\n  (1) Application: file an application with the department;\n  (2) Declaration of intention: a. Have filed a declaration of intention\nto practice as a public accountant with the department on or before\nOctober first, nineteen hundred fifty-nine, on the basis of evidence\nthat the applicant was engaged for a total of six years during the ten\nyears immediately preceding April twenty-third, nineteen hundred\nfifty-nine, in the practice of public accountancy as an individual\npractitioner or as a partner of a partnership or as an employee of such\nan individual practitioner or partnership engaged in the practice of\npublic accountancy or as an employee of a department, agency or\ninstrumentality of the United States, the state, or a political\nsubdivision of the state in which employment his duties entailed the\nperformance of all or some of the services which would constitute the\npractice of public accountancy, or a combination of the foregoing\nduties, or in the opinion of the board the equivalent thereof;\n  b. Establish by evidence satisfactory to the board that at the date of\nthe filing of said declaration of intention, the applicant had complied\nwith the conditions established by law on April twenty-third, nineteen\nhundred fifty-nine, has not violated the provisions relating to practice\nin public accountancy, and is about to engage in the practice of public\naccountancy as his principal occupation as an individual practitioner or\nas a partner of a partnership;\n  (3) Character: be of good moral character as determined by the\ndepartment; and\n  (4) Fees: pay a fee to the department for an initial license of two\nhundred twenty dollars, and a fee of two hundred ten dollars for each\ntriennial registration period.\n
N.Y. EDN Law § 6611 — New York Code / Act EDN / Title 8 / Article 133 / Section 6611
Special provisions
Status: in_force

§ 6611. Special provisions. 1. Except upon the written dental\nlaboratory prescription of a licensed dentist and except by the use of\nimpressions or casts made by a licensed dentist, no dental laboratory\nshall furnish, supply, construct, reproduce, place, adjust, or repair\nany dental prosthesis, device, or appliance. A dental laboratory\nprescription shall be made out in duplicate. It shall contain such data\nas may be prescribed by the commissioner's regulations. One copy shall\nbe retained by the practitioner of dentistry for a period of one year.\nThe other copy shall be issued to the person, firm or corporation\nengaged in filling dental laboratory prescriptions, who or which shall\neach retain and file in their respective offices or places of business\ntheir respective copies for a period of one year.\n  2. The department is empowered to inspect and to have access to all\nplaces, including the office or offices of a licensed dentist, where\ncopies of dental laboratory prescriptions issued by him are retained as\nrequired by this section, and to all places where dental laboratory\nprescriptions are filled or to any workroom or workrooms in which\nprosthetic restorations, prosthetic dentures, bridges, orthodontic or\nother appliances or structures to be used as substitutes for natural\nteeth or tissue or for the correction of malocclusion or deformities are\nmade, repaired or altered, with power to subpoena and examine records of\ndental laboratory prescriptions. A person who fails to grant access to\nsuch places or who fails to maintain prescriptions as required by this\nsection shall be guilty of a class A misdemeanor.\n  3. The department may arrange for the conduct of clinical examinations\nin the clinic of any school of dentistry or dental hygiene within or\noutside the state for dental or dental hygiene candidates.\n  4. A not-for-profit dental or medical expense indemnity corporation or\nhospital service corporation organized under the insurance law or\npursuant to special legislation may enter into contracts with dentists\nor partnerships of dentists to provide dental care on its behalf for\npersons insured under its contracts or policies.\n  5. Legally incorporated dental corporations existing and in operation\nprior to January first, nineteen hundred sixteen, may continue to\noperate through licensed dentists while conforming to the provisions of\nthis title. Any such corporation which shall be dissolved or cease to\nexist or operate for any reason whatsoever shall not be permitted to\nresume operations. No such corporation shall change its name or sell its\nfranchise or transfer its corporate rights directly or indirectly, by\ntransfer of capital stock control or otherwise, to any person or to\nanother corporation without permission from the department, and any\ncorporation so changing its name or so transferring its franchise or\ncorporate rights without such permission shall be deemed to have\nforfeited its rights to exist and may be dissolved by an action brought\nby the attorney general.\n  6. Notwithstanding any inconsistent provision of any general, special\nor local law, any licensed dentist who voluntarily and without the\nexpectation of monetary compensation renders first aid or emergency\ntreatment at the scene of an accident or other emergency, outside of a\nhospital or any other place having proper and necessary medical equip-\nment, to a person who is unconscious, ill or injured shall not be liable\nfor damages for injuries alleged to have been sustained by such person\nor for damages for the death of such person alleged to have occurred by\nreason of an act or omission in the rendering of such first aid or\nemergency treatment unless it is established that such injuries were or\nsuch death was caused by gross negligence on the part of such dentist.\nNothing in this subdivision shall be deemed or construed to relieve a\nlicensed dentist from liability for damages for injuries or death caused\nby an act or omission on the part of a dentist while rendering\nprofessional services in the normal and ordinary course of practice.\n  7. Any dentist or dental hygienist, who in the performance of dental\nservices, x-rays the mouth or teeth of a patient shall during the\nperformance of such x-rays shield the torso and thyroid area of such\npatient including but not limited to the gonads and other reproductive\norgans with a lead apron thyroid collar, or other similar protective\ngarment or device. Notwithstanding the provisions of this subdivision,\nif in the dentist's professional judgment the use of a thyroid collar\nwould be inappropriate under the circumstances, because of the nature of\nthe patient, the type of x-ray being taken, or other factors, the\ndentist or dental hygienist need not shield the thyroid area.\n  8. An unlicensed person may provide supportive services to a dentist\nincidental to and concurrent with such dentist personally performing a\nservice or procedure. Nothing in this subdivision shall be construed to\nallow an unlicensed person to provide any service which constitutes the\npractice of dentistry or dental hygiene as defined in this article.\n  9. There shall be no monetary liability on the part of, and no cause\nof action for damages shall arise against, any person, partnership,\ncorporation, firm, society, or other entity on account of the\ncommunication of information in the possession of such person or entity,\nor on account of any recommendation or evaluation, regarding the\nqualifications, fitness, or professional conduct or practices of a\ndentist, to any governmental agency, dental or specialists society, or\nhospital as defined in article twenty-eight of the public health law.\nThe foregoing shall not apply to information which is untrue and\ncommunicated with malicious intent.\n  10. Each dentist and registered dental hygienist working for a\nhospital as defined in article twenty-eight of the public health law who\npractices in collaboration with a licensed dentist shall become\ncertified in cardiopulmonary resuscitation (CPR) from an approved\nprovider and thereafter maintain current certification, which shall be\nincluded in the mandatory hours of continuing education acceptable for\ndentists to the extent provided in the commissioner's regulations. In\nthe event the dentist or registered dental hygienist cannot physically\nperform CPR, the commissioner's regulations shall allow the dentist or\nregistered dental hygienist to make arrangements for another individual\nin the office to administer CPR. All dental facilities shall have an\nautomatic external defibrillator or other defibrillator at the facility.\n
N.Y. ELN Law § 5-804 — New York Code / Act ELN / Article 5 / Title 8 / Section 5-804
Failure to provide exemplar signature not to prevent registration
Status: in_force

§ 5-804. Failure to provide exemplar signature not to prevent\nregistration. 1. If a voter registration exemplar signature is not\nprovided by an applicant who submits a voter registration application\npursuant to this title, the local board shall seek to obtain such\nexemplar signature from the statewide voter registration database, the\nstate board of elections, or a state or local agency designated by\nsection 5-211 or 5-212 of this article.\n  2. If such exemplar signature is not available from the statewide\nvoter registration database, the state board of elections, or a state or\nlocal agency designated by section 5-211 or 5-212 of this article, the\nlocal board of elections shall, absent another reason to reject the\napplication, proceed to register and, as applicable, enroll the\napplicant. Within ten days of such action, the board of elections shall\nsend a standard form promulgated by the state board of elections to the\nvoter whose record lacks an exemplar signature, requiring such voter to\nsubmit a signature for identification purposes. The voter shall submit\nto the board of elections a voter registration exemplar signature by any\none of the following methods: in person, by mail with return postage\npaid provided by the board of elections, by electronic mail, or by\nelectronic upload to the board of elections through the electronic voter\nregistration transmittal system. If such voter does not provide the\nrequired exemplar signature, when the voter appears to vote the voter\nshall be entitled to vote by affidavit ballot.\n
N.Y. PBA Law § 1570-V — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-V
Inconsistent provisions in other acts superseded
Status: in_force

§ 1570-v. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother provision of law, or of any local law of the village, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 1199-WWW — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-WWW
Separability clause
Status: in_force

§ 1199-www. Separability clause. If any section, clause or provision\nin this title shall be held by a competent court to be unconstitutional\nor ineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 1803 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1803
Purposes of the authority
Status: in_force

§ 1803. Purposes of the authority. The purposes of the authority shall\nbe:\n  1. To assist, promote, encourage, develop and advance the general\nprosperity and economic welfare of the people of the state and to\nimprove their standard of living.\n  2. To improve employment opportunities in any area of the state by\nassisting in financing of:\n  (a) the cost of projects for the construction, acquisition,\nrehabilitation or improvement of any new, existing or former (i)\nindustrial or manufacturing plant, (ii) building used for research and\ndevelopment, or (iii) other eligible business facility within the state,\nincluding the acquisition of real property therefor, by means of loans\nto non-profit local development corporations not to exceed forty percent\nof the cost of such project, the repayment of which shall be secured by\na mortgage which shall not be a junior encumbrance thereon by more than\nfifty percent of such cost, and by means of the guarantees of the loans\nmade by banking organizations which guaranty shall not exceed eighty\npercent of the cost of the project, provided, however, that such loans\nmay be in excess of forty percent but shall not exceed sixty percent of\nthe cost of such project for loans in economically distressed areas and\nto companies in need of special assistance pursuant to the provisions of\nsubdivision seven of section eighteen hundred twenty-three of this\nchapter.\n  (b) the purchase of machinery and equipment for use within the state,\nby means of loans to non-profit local development corporations not to\nexceed forty percent of the cost of such purchase which shall be secured\nby a security interest in such project, and by means of the guarantee of\nloans made by banking organizations which guaranty shall not exceed\neighty percent of the cost of the project, provided, however, that such\nloans may be in excess of forty percent but shall not exceed sixty\npercent of the cost of such project for loans in economically distressed\nareas and to companies in need of special assistance pursuant to the\nprovisions of subdivision seven of section eighteen hundred twenty-three\nof this chapter.\n  3. To advance the development of industrial, manufacturing, research\nand development, or other eligible business enterprises throughout the\nstate, including those defined as small business concerns under the act\nof congress entitled "Small Business Investment Act of 1958".\n  4. To assist in financing the cost of projects for the construction,\nacquisition, rehabilitation or improvement of pollution control\nfacilities, by means of loans of pollution control funds to non-profit\nlocal development corporations not to exceed ninety percent of the cost\nof any such project.\n  In carrying out the purposes of this section and in exercising the\npowers granted under this act, the authority shall be regarded as\nperforming an essential governmental function.\n
N.Y. TWN Law § 57 — New York Code / Act TWN / Article 3-A / Title 8 / Section 57
Dissolution of special improvement districts
Status: in_force

§ 57. Dissolution of special improvement districts. 1. Whenever the\ntown board of a suburban town shall determine after a public hearing as\nhereinafter provided that it is in the public interest to manage,\nmaintain, operate and repair as a town function, pursuant to title five\nof this article, any improvement or service provided or authorized to be\nprovided by one or more special improvement districts, it may adopt a\nresolution dissolving all special improvement districts wholly located\nin such town created or existing to provide such improvement or service.\n  The resolution dissolving the district or districts shall provide for\nthe assessment of the costs of any improvement provided or authorized to\nbe provided by such district or districts, including the principal of\nand interest on any bonds or other obligations authorized to be issued\nfor the purposes of such district or districts or which have been issued\nfor the purposes of such district or districts and are outstanding and\nunpaid as of the date of such dissolution, to be borne partly by the\narea of the town outside of any villages and partly by lands benefited\nthereby; or by the area of the town outside of any villages; or entirely\nby lands benefited thereby as the town board, in its discretion, shall\ndetermine. Where however, (1) any part of the costs of the improvement\nis to be borne by property in a described benefited area, such costs\nshall be assessed, levied and collected from the several lots or parcels\nof land within such benefited area either in the same manner and at the\nsame time as other town charges, or in just proportion to the amount of\nbenefit which the improvement shall confer upon such lots or parcels, or\n(2) any part of the costs of the improvement is to be borne by the\nentire area of the town outside of any villages, and such area has not\nbeen determined to be the benefited area, such costs shall be assessed,\nlevied and collected from the several lots and parcels of land in such\narea in the same manner and at the same time as other town charges.\n  2. Any such resolution shall provide that the cost of the management,\nmaintenance, operation and repair of such improvement or service shall\nthereafter be a charge upon the area of the town outside of any villages\nand shall be levied and collected in the same manner and at the same\ntime as other town charges.\n  3. The district or districts shall be dissolved on the first day of\nJanuary next succeeding the effective date of the resolution dissolving\nsuch district or districts provided, however, that if the effective date\nof such resolution shall be subsequent to the first day of August in any\nyear, the dissolution of such district or districts shall be effective\non the first day of January of the second succeeding calendar year.\n  4. Upon the dissolution of any such district or districts pursuant to\nthis section, the improvement or service provided or authorized to be\nprovided by such district or districts shall thereafter be a town\nfunction and the town board shall be responsible for the necessary\nmanagement, maintenance, operation and repair thereof.  All the property\nof such district or districts shall become the property of the town.\n  5. The town board shall conduct a public hearing on the proposed\ndissolution of a district or districts pursuant to this section, on\nnotice published at least ten but not more than twenty days before such\nhearing in a newspaper or newspapers designated pursuant to subdivision\neleven of section sixty-four of this chapter and shall also cause a copy\nthereof to be posted upon the bulletin board in the office of the town\nclerk. Such notice shall specify the time when and the place where such\nhearing will be held and in general terms, describe the proposed\ndissolution, and where appropriate, the proposed basis of apportioning,\nlevying and assessing all improvement costs and shall specifically state\nthat the cost of the management, maintenance, operation and repair of\nsuch improvement or service provided or authorized to be provided by the\ndistrict or districts proposed to be dissolved shall thereafter be a\ncharge upon the area of the town outside of any villages and shall be\nlevied and collected in the same manner and at the same time as other\ntown charges.\n  6. The town board may complete any improvement authorized to be\nprovided in the district or districts dissolved or to be dissolved and\nfinance such improvement pursuant to the local finance law.\n  7. The town clerk shall cause a certified copy of any such resolution\nto be duly recorded in the manner prescribed in paragraph (d) of\nsubdivision six of section fifty-four of this chapter and to be filed\nwith the state comptroller no later than ten days after it shall become\neffective.\n