N.Y. VAT Law § 1697 — New York Code / Act VAT / Title 8 / Article 44-B / Section 1697
Maintenance of records
Status: in_force

§ 1697. Maintenance of records. A TNC shall maintain the following\nrecords:\n  1. individual trip records for at least six years from the date each\ntrip was provided; and\n  2. individual records of TNC drivers at least until the six year\nanniversary of the date on which a TNC driver's relationship with the\nTNC has ended.\n
N.Y. PBA Law § 1199-II*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-II*2
Bonds of the authority
Status: in_force

* § 1199-ii. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in\nconformance with the applicable provisions of the uniform commercial\ncode in such principal amounts as it may determine to be necessary to\npay the cost of any project or for any other corporate purpose,\nincluding incidental expenses in connection therewith. The authority\nshall have power from time to time to refund any bonds by the issuance\nof new bonds, whether the bonds to be refunded have or have not matured,\nand may issue bonds partly to refund bonds then outstanding and partly\nfor any other corporate purpose. Bonds issued by the authority shall be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued, subject only to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues, earnings or moneys.\n  2. The authority is authorized to obtain from any insurer or financial\ninstitution any insurance, guaranty or other credit support device, to\nthe extent now or hereafter available, as to, or for the payment or\nrepayment of interest or principal, or both, or any part thereof, on any\nbonds issued by the authority and to enter into any agreement or\ncontract with respect to any such insurance, guaranty or other credit\nsupport device, except to the extent that the same would in any way\nimpair or interfere with the ability of the authority to perform and\nfulfill the terms of any agreement made with the holders of outstanding\nbonds of the authority.\n  3. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution may provide, except that bonds and any renewals\nthereof shall mature within forty years of the date of their original\nissuance and notes and any renewal thereof shall mature within five\nyears of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or rates\nper annum, which may vary from time to time, as may be necessary to\neffect the sale thereof and shall be payable at such time, be in such\nform, carry such registration privileges, be executed in such manner,\nshall be subject to tender to the authority, with or without extinction\nor cancellation, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Bonds may be sold at public or private sale for such price\nor prices as the authority shall determine, provided that no issue of\nbonds of the authority, other than obligations designated as notes, may\nbe sold by the authority at private sale unless such sale and the terms\nthereof have been approved in writing by the comptroller, where such\nsale is not to be to such comptroller, or by the state director of the\nbudget, where such sale is to be to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe 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 holders of bonds or notes as then\nmay 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) the rates, fees and other charges to be fixed and collected by the\nauthority and the amount to be raised in each year thereby, and the use\nand disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part hereof in connection with which bonds are\nissued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) 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  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section eleven hundred ninety-nine-jj 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  (k) 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  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) 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  (o) any other matters of like or different character which may in any\nway affect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any of its properties and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys or\nproperties and the doing of any act (including refraining from doing any\nact) which the authority would have to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof 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 the authority shall be valid, binding and\nperfected from the time such pledge is made or other security interest\nattaches without any physical delivery of the collateral or further act,\nand the lien of any such pledge, or other security interest shall be\nvalid, binding and perfected against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether or not such parties have notice thereof. No instrument by\nwhich such a pledge or security interest is created nor any financing\nstatement need be recorded or filed.\n  7. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  8. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  9. The 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 a\nprice not exceeding (i) if the bonds are then redeemable, the redemption\nprice then applicable plus accrued interest to the next interest payment\ndate, or (ii) if the bonds are not redeemable then redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption, plus accrued interest to interest payment\ndate.\n  * NB There are 2 § 1199-ii's\n
N.Y. EDN Law § 7401-A — New York Code / Act EDN / Title 8 / Article 149 / Section 7401-A
Definitions
Status: in_force

§ 7401-a. Definitions. As used in this article:\n  1. "Attest" means providing the following public accountancy services\nwhich all require the independence of licensees:\n  a. any audit to be performed in accordance with generally accepted\nauditing standards or other similar standards, developed by a federal\ngovernmental agency, commission or board or a recognized international\nor national professional accountancy organization, that are acceptable\nto the department in accordance with the commissioner's regulations;\n  b. any review of a financial statement to be performed in accordance\nwith standards, developed by a federal governmental agency, commission\nor board or a recognized international or national professional\naccountancy organization, that are acceptable to the department in\naccordance with the commissioner's regulations;\n  c. any examination to be performed in accordance with attestation\nstandards developed by a federal governmental agency, commission or\nboard or a recognized international or national professional accountancy\norganization, that are acceptable to the department in accordance with\nthe commissioner's regulations; or\n  d. any engagement to be performed in accordance with the auditing\nstandards of the public company accounting oversight board.\n  2. "Certified public accountant" or "CPA" means any person who has\nreceived a license from the department or any other state as a certified\npublic accountant for the practice of public accountancy.\n  3. "Compilation" means providing a service that presents, in the form\nof financial statements, information that is the representation of the\nmanagement or owners of the client without undertaking to express any\nassurance of the accuracy of the information in the statements, to be\nperformed in accordance with standards, developed by a federal\ngovernmental agency, commission or board or a recognized international\nor national professional accountancy organization, that are acceptable\nto the department in accordance with the commissioner's regulations.\n  4. "Firm" means a domestic or foreign entity organized as a sole\nproprietorship, a professional service corporation, a partnership, a\nprofessional service limited liability company, a foreign professional\nservice limited liability company, a registered limited liability\npartnership, a foreign registered limited liability partnership, or any\nother form of organization that is established for the business purpose\nof lawfully engaging in the practice of public accountancy.\n  5. "Principal place of business" means the office location designated\nby the licensee from which the person directs, controls, and coordinates\nhis or her professional services.\n  6. "Public accountant" or "PA" means any person who has received a\nlicense from the department as a public accountant for the practice of\npublic accountancy.\n  7. "State" means any state of the United States, the District of\nColumbia, Puerto Rico, the U.S. Virgin Islands, and Guam.\n
N.Y. VAT Law § 1640 — New York Code / Act VAT / Title 8 / Article 39 / Section 1640
Traffic regulations in all cities and villages
Status: in_force

§ 1640. Traffic regulations in all cities and villages. (a) The\nlegislative body of any city or village, with respect to highways (which\nterm for the purposes of this section shall include private roads open\nto public motor vehicle traffic) in such city or village; subject to the\nlimitations imposed by section sixteen hundred eighty-four may by local\nlaw, ordinance, order, rule or regulation:\n  1. Designate through highways and order stop signs, flashing signals\nor yield signs erected at specified entrances thereto or designate any\nintersection as a stop intersection or a yield intersection and order\nlike signs or signals at one or more entrances to such intersection.\n  2. Prohibit or regulate the turning of vehicles or specified types of\nvehicles at intersections or other designated locations.\n  3. Regulate the crossing of any roadway by pedestrians.\n  4. Designate any highway or any separate roadway thereof for one-way\ntraffic.\n  5. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations from highways specified by such\nlegislative body. Such exclusion shall not be construed to prevent the\ndelivery or pickup of merchandise or other property along the highways\nfrom which such vehicles and combinations are otherwise excluded.\n  6. Prohibit, restrict or limit the stopping, standing or parking of\nvehicles; provided, however, that a vehicle may not be found to be in\nviolation of a parking regulation if it is parked at a broken parking\nmeter at a time when metered parking is authorized.\n  7. Determine those highways or portions of highways which shall be\nmarked to indicate where overtaking and passing or driving to the left\nof or crossing such markings would be especially hazardous in accordance\nwith the standards, minimum warrants and sign or marking specifications\nestablished by the department of transportation.\n  8. Designate safety zones.\n  9. Provide for the installation, operation, maintenance, policing, and\nsupervision of parking meters, establish parking time limits at such\nmeters, designate hours of operation of such meters, and, except as\nprovided in section twelve hundred three-h of this chapter, fix and\nrequire the payment of fees applicable to parking where such meters are\nin operation. Such fees shall be paid to such city or village and\ncredited to its general fund, unless a different disposition prescribed\nby local law or ordinance enacted prior to or after the effective date\nof this section.\n  10. Establish a system of truck routes upon which all trucks,\ntractors, and tractor-trailer combinations having a total gross weight\nin excess of ten thousand pounds are permitted to travel and operate and\nexcluding such vehicles and combinations from all highways except those\nwhich constitute such truck route system. Such exclusion shall not be\nconstrued to prevent the delivery or pick up of merchandise or other\nproperty along the highways from which such vehicles and combinations\nare otherwise excluded. Any such system of truck routes shall provide\nsuitable connection with all state routes entering or leaving such city\nor village.\n  11. Regulate traffic by means of traffic-control signals.\n  12. License, regulate or prohibit speed contests, races, exhibitions\nof speed, processions, assemblages or parades. Whenever such a speed\ncontest, race, exhibition of speed, procession, assemblage or parade\nauthorized by a local authority will block the movement of traffic on a\nstate highway maintained by the state, or on a highway which connects\ntwo state highways maintained by the state to make a through route, for\na period in excess of ten minutes, such authority must, prior to such\nblocking, provide and designate with conspicuous signs a detour adequate\nto prevent unreasonable delay in the movement of traffic on said highway\nmaintained by the state.\n  13. Prohibit or regulate the operation and the stopping, standing or\nparking of vehicles in cemeteries and in public parks.\n  14. Provide for the removal and storage of vehicles parked or\nabandoned on highways during snowstorms, floods, fires or other public\nemergencies, or found unattended where they constitute an obstruction to\ntraffic or any place where stopping, standing or parking is prohibited,\nand for the payment of reasonable charges for such removal and storage\nby the owner or operator of any such vehicle.\n  15. Provide for the establishment, operation, policing and supervision\nof a prepaid parking permit system, establishing parking time limits for\nsuch permits and fix and require the payment of fees applicable to\nparking where such a prepaid permit parking system is in operation. Such\nfees shall be paid to the city of Albany and credited to its general\nfunds, unless a different disposition prescribed by local law is\nenacted. A prepaid parking permit system may not be established at any\nlocation at which parking is subject to a parking meter fee. The\nprovisions of this paragraph shall only be applicable for the city of\nAlbany.\n  16. Adopt such additional reasonable local laws, ordinances, orders,\nrules and regulations with respect to traffic as local conditions may\nrequire subject to the limitations contained in the various laws of this\nstate.\n  17. Make special provisions with relation to stopping, standing or\nparking of vehicles registered pursuant to section four hundred four-a\nof this chapter or those possessing a special vehicle identification\nparking permit issued in accordance with section one thousand two\nhundred three-a of this chapter.\n  18. Declare a snow emergency and designate any highway or portion\nthereof as a snow emergency route.\n  19. Prohibit vehicles engaged in the retail sale of frozen desserts as\nthat term is defined in subdivision thirty-seven of section three\nhundred seventy-five of this chapter directly to pedestrians from\nstopping for the purpose of such sales on any highway within such city\nor village, or on all such highways. Nothing herein shall be construed\nto prohibit the operator of such vehicle from stopping such vehicle off\nof such highway, in a safe manner, for the sole purpose of delivering\nsuch retail product directly to the residence of a consumer or to the\nbusiness address of a customer of such retailer.\n  20. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations in excess of any designated\nweight, designated length, designated height, or eight feet in width,\nfrom highways or set limits on hours of operation of such vehicles on\nparticular city or village highways or segments of such highways. Such\nexclusion shall not be construed to prevent the delivery or pickup of\nmerchandise or other property along the highways from which such\nvehicles or combinations are otherwise excluded.\n  21. Serve notice of a violation of any provision of local law or\nordinance relating to the prevention of noise pollution caused by an\naudible motor vehicle burglar alarm and over which the city or village\nhas jurisdiction upon the owner of a motor vehicle by affixing such\nnotice to said vehicle in a conspicuous place.\n  22. Prohibit or regulate the stopping, standing and parking of\nvehicles in designated areas reserved for public business at or adjacent\nto a government facility.\n  (b) Such a legislative body also may by local law, ordinance, order,\nrule or regulation prohibit, restrict or limit the stopping, standing or\nparking of vehicles upon property owned or leased by such city or\nvillage.\n  (c) Each such legislative body shall cause to be determined, for all\nbridges and elevated structures under its jurisdiction, the capacity in\ntons of two thousand pounds which the bridge or structure will safely\ncarry. At bridges or structures of insufficient strength to carry safely\nthe legal loads permissible by section three hundred eighty-five, the\nlegislative body of such city or village shall cause signs to be erected\nto inform persons of the safe capacity.\n  (d) Each such legislative body of a city or a village shall cause\nsigns to be erected to inform persons of the legal overhead clearance\nfor all bridges and structures on highways under its jurisdiction. The\nlegal clearance shall be one foot less than the measured clearance. The\nmeasured clearance shall be the minimum height to the bridge or\nstructure measured vertically from the traveled portion of the roadway.\nOn bridges or structures having fourteen feet or more of measured\nclearance, no such signs shall be required.\n  (e) No legislative body of a city or a village shall enact any law\nthat prohibits the use of sidewalks by persons with disabilities who use\neither a wheelchair or an electrically-driven mobility assistance device\nbeing operated or driven by such person.\n
N.Y. SOS Law § 447-B — New York Code / Act SOS / Article 6 / Title 8-A / Section 447-B
Services for exploited children
Status: in_force

§ 447-b. Services for exploited children. 1. Notwithstanding any\ninconsistent provision of law, pursuant to regulations of the office of\nchildren and family services, every local social services district shall\nas a component of the district's multi-year consolidated services child\nwelfare services plan address the child welfare services needs of\nsexually exploited children and to the extent that funds are available\nspecifically therefor ensure that a short-term safe house or another\nshort-term safe placement such as an approved runaway and homeless youth\nprogram, approved respite or crisis program providing crisis\nintervention or respite services or community-based program to serve\nsexually exploited children is available to children residing in such\ndistrict. Nothing in this section shall prohibit a local social services\ndistrict from utilizing existing respite or crisis intervention services\nalready operated by such social services district or homeless youth\nprograms or services for victims of human trafficking pursuant to\narticle ten-D of this chapter so long as the staff members have received\nappropriate training approved by the office of children and family\nservices regarding sexually exploited children and the existing programs\nand facilities provide a safe, secure and appropriate environment for\nsexually exploited children. Crisis intervention services, short-term\nsafe house care and community-based programming may, where appropriate,\nbe provided by the same not-for-profit agency. Local social services\ndistricts may work cooperatively to provide such short-term safe house\nor other short-term safe placement, services and programming and access\nto such placement, services and programming may be provided on a\nregional basis, provided, however, that every local social services\ndistrict shall to the extent that funds are available ensure that such\nplacement, services and programs shall be readily accessible to sexually\nexploited children residing within the district.\n  2. All of the services created under this title may, to the extent\npossible provided by law, be available to all sexually exploited\nchildren whether they are accessed voluntarily, as a condition of an\nadjournment in contemplation of dismissal issued in criminal court,\nthrough the diversion services created under section seven hundred\nthirty-five of the family court act, through a proceeding under article\nthree of the family court act, a proceeding under article ten of the\nfamily court act or through a referral from a local social services\nagency.\n  3. The capacity of the crisis intervention services and\ncommunity-based programs in subdivision one of this section shall be\nbased on the number of sexually exploited children in each district who\nare in need of such services. A determination of such need shall be made\nin two thousand ten and every five years thereafter in every social\nservices district by the local commissioner of social services and be\nincluded in the integrated county plan. Such determination shall be made\nin consultation with local law enforcement, runaway and homeless youth\nprogram providers, local probation departments, local social services\ncommissioners, the runaway and homeless youth coordinator for the local\nsocial services district, local law guardians, presentment agencies,\npublic defenders and district attorney's offices and child advocates and\nservices providers who work directly with sexually exploited youth.\n  4. In determining the need for and capacity of the services created\nunder this section, each local social services district shall recognize\nthat sexually exploited youth have separate and distinct service needs\naccording to gender and, where a local social services district\ndetermines that the need exists, to the extent that funds are available,\nappropriate programming shall be made available.\n  5. To the extent funds are specifically appropriated therefor, the\noffice of children and family services shall contract with an\nappropriate not-for-profit agency with experience working with sexually\nexploited children to operate at least one long-term safe house in a\ngeographically appropriate area of the state which shall provide safe\nand secure long term housing and specialized services for sexually\nexploited children throughout the state. The appropriateness of the\ngeographic location shall be determined taking into account the areas of\nthe state with high numbers of sexually exploited children and the need\nfor sexually exploited children to find shelter and long term placement\nin a region that cannot be readily accessed by the perpetrators of\nsexual exploitation. The need for more than one long-term safe house\nshall be determined by the office of children and family services based\non the numbers and geographical location of sexually exploited children\nwithin the state. Nothing herein shall be construed to preclude an\nagency from applying for and accepting grants, gifts and bequests of\nfunds from private individuals, foundations and the federal government\nfor the purpose of creating or carrying out the duties of a long-term\nsafe house.\n  6. The local social services commissioner may, to the extent that\nfunds are available, in conjunction with the division of criminal\njustice services and local law enforcement officials, contract with an\nappropriate not-for-profit agency with experience working with sexually\nexploited children to train law enforcement officials who are likely to\nencounter sexually exploited children in the course of their law\nenforcement duties on the provisions of this section and how to identify\nand obtain appropriate services for sexually exploited children. Local\nsocial services districts may work cooperatively to provide such\ntraining and such training may be provided on a regional basis. The\ndivision of criminal justice services shall assist local social services\ndistricts in obtaining any available funds for the purposes of\nconducting law enforcement training from the federal justice department\nand the office of juvenile justice and delinquency prevention.\n
N.Y. PBA Law § 1182 — New York Code / Act PBA / Article 5 / Title 8 / Section 1182
Acquisition of lands
Status: in_force

§ 1182. Acquisition of lands. The city shall have the power to acquire\nby purchase or eminent domain proceedings either the fee or such right,\ntitle, interest or easement in such lands as the authority may deem\nnecessary for any of the purposes mentioned in this title, whether\nwithin or without the city, and such lands or interest in such lands may\nbe so acquired whether or not the same are owned or held for public use\nby corporations, associations or persons having the power of eminent\ndomain or otherwise held or used for public purposes, including lands\nheld or used for cemetery purposes. Whenever the authority shall\ndetermine by resolution and certify to the common council of the city\nthat it is necessary to acquire the fee of or such right, title,\ninterest or easement as shall be specified in such resolution, in any\nlands for any of the purposes mentioned in this title, the city may\npurchase such lands or the common council may pass a resolution that it\nhas so determined to take such lands describing them and the estate to\nbe taken therein. Upon such resolution becoming of force, the\ncorporation counsel of the city shall proceed as directed by section\nthree hundred and seventy-four of the charter and all of the proceedings\nhad subsequent to the adoption of such resolution of determination for\nthe acquisition of such lands shall be in the manner prescribed by such\nsection three hundred and seventy-four and subsequent sections of\narticle twenty-one of the charter, provided that it shall be unnecessary\nfor the board of assessors of the city to certify and report to the\ncommon council the district benefited and assessed therefor, nor to\nadopt a resolution of intention or publish the same, and provided that a\nresolution as provided for by section three hundred and eighty-one of\nthe charter, directing the corporation counsel to apply for the\nconfirmation of the whole or any part of the decision in such\nproceedings, may be adopted without the certificate mentioned in such\nsection, that funds have been appropriated or are available; and further\nprovided that the provision of such section relative to the providing of\nfunds shall not apply to the proceeding or proceedings authorized by\nthis title. Such fee, right, title, interest or easement in or to said\nlands shall be taken in the name of the city and payment therefor shall\nbe made by the authority. The power hereby conferred upon the city shall\nnot limit or restrict the power of the authority itself to acquire\nlands, or any right, title, interest or easement therein in the name of\nthe city. Forthwith upon the acquisition by the city, or by the\nauthority in the name of the city, of any such fee, right, title,\ninterest or easement, the same shall, without further act, but by virtue\nof this title, be and become dedicated to the uses and purposes of the\nauthority.\n
N.Y. PBA Law § 1187 — New York Code / Act PBA / Article 5 / Title 8 / Section 1187
Bonds of the authority
Status: in_force

§ 1187. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue its negotiable bonds in\nconformity with applicable provisions of the uniform commercial code for\nany of its corporate purposes. The total amount of bonds issued and\noutstanding at any one time shall not exceed in the aggregate the sum of\nfive hundred million dollars, excluding bonds or notes for the payment\nor redemption of which there has been set aside and held in trust either\nmoneys, or direct and general obligations of, or obligations guaranteed\nby, the United States of America, or obligations secured by such\nobligations, or any combination thereof, which are or will be sufficient\nto pay when due the principal or applicable redemption price and all\naccrued interest thereon and, if such bonds or notes are to be redeemed,\nfor which notice of redemption has been given or satisfactory provision\nhas been made for the giving of such notice. The authority shall have\npower from time to time, whenever it deems refunding expedient, to\nrefund any bonds by the issuance of new bonds, whether the bonds to be\nrefunded have or have not matured or are then subject to redemption, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany of its corporate purposes.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times not exceeding\nforty years from their respective dates, bear interest at such rate or\nrates per annum payable at such time or times, be in such denominations,\nbe in such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment at such place or places, and be subject to such terms of\nredemption, with or without premium, as such resolution or resolutions\nmay provide. The bonds may be sold at public or private sale for such\nprice or prices as the authority shall determine, provided that bonds,\nexclusive of notes, shall not be sold at private sale unless the board\nof the authority makes a written determination, setting forth the reason\ntherefore, that a private sale is in the best interest of the authority\nand such determination, private sale and the terms thereof have been\napproved in writing by (a) the state comptroller, where such sale is not\nto the state comptroller, or (b) the state director of the budget, where\nsuch sale is to the state comptroller. The foregoing provisions shall be\napplicable to bonds issued by the authority notwithstanding the\nprovisions of any other general, special or local law to the contrary.\n  3. Any resolution or resolutions authorizing any bonds may contain\nprovisions, which shall be a part of the contract with the holders of\nthe bonds, as to\n  (a) pledging all or any part of the gross or net revenues of the\nauthority to secure the payment of the bonds;\n  (b) the rates, rentals and other charges to be imposed and the amounts\nto be raised in each year by such rates, rentals and charges and the use\nand disposition thereof and of any other revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of its facilities;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied;\n  (f) limitations on the issuance of additional bonds;\n  (g) the time when the project shall be deemed to be completed, or the\nmethod of determining such time, and the time when the certificate\nprovided for in section fourteen hundred four of this chapter shall be\nfiled;\n  (h) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto and the manner in which such consent may\nbe given.\n  (i) the refunding of outstanding or other bonds;\n  (j) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (k) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section eleven hundred ninety-two hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder such section or limiting the rights, duties and powers of such\ntrustee;\n  (l) the payment of the proceeds of bonds and revenues of the\nproperties to a trustee or other depositary, and for the method of\ndisbursement thereof with such safeguards and restrictions as the\nauthority may determine;\n  4. Neither the members of the board nor any person executing the bonds\nshall be liable personally on the bonds by reason of the issuance\nthereof.\n  5. The authority shall have power out of any funds available therefor\nto purchase any bonds issued by it at a price not more than the\nprincipal amount thereof and the accrued interest. All bonds so\npurchased shall be cancelled.\n  6. It is the intention of the legislature that any pledge of earnings,\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the earnings,\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n
N.Y. EDN Law § 8513 — New York Code / Act EDN / Title 8 / Article 164 / Section 8513
Special provisions
Status: in_force

§ 8513. Special provisions. A person shall be licensed without\nexamination provided that, within one year of the effective date of this\narticle, the individual:\n  1. files an application and pays the appropriate fees to the\ndepartment; and\n  2. (a) is certified by a national certifying or accrediting board for\nrespiratory therapy technicians acceptable to the department, or\n  (b) has practiced as a respiratory therapy technician in a hospital,\nas defined in article twenty-eight of the public health law, in the\nstate for not less than two years within the last five years, or\n  (c) has met the educational standards of a hospital, as defined in\narticle twenty-eight of the public health law, or, in the case of a\nhospital operated by a public benefit corporation, has met the\neducational standards of such corporation, and has practiced as a\nrespiratory therapy technician for at least one year in such hospital.\n
N.Y. PBA Law § 1197-C — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-C
Water authority of Great Neck north district
Status: in_force

§ 1197-c. Water authority of Great Neck north district. There is\nhereby created a district to be known as the "water authority of Great\nNeck north district" which shall embrace that portion of the area which,\nas of the date of the adoption of this act, is within union free school\ndistrict number seven, Great Neck, town of North Hempstead, county of\nNassau, lying northerly of the north line of the Manhasset-Lakeville\nwater district.\n
N.Y. PBA Law § 1802 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1802
New York job development authority
Status: in_force

§ 1802. New York job development authority. 1. There is hereby created\nthe "New York job development authority." The authority shall be a body\ncorporate and politic constituting a public benefit corporation. Its\nmembers shall consist of the commissioner of economic development, the\ncommissioner of labor, the commissioner of agriculture and markets, and\nthe superintendent of financial services, serving ex officio, and seven\nmembers to be appointed by the governor with the advice and consent of\nthe senate. Each member appointed by the governor shall be a citizen of\nthe United States and a resident of the state.\n  1-a. The commissioner of economic development, the commissioner of\nlabor, the commissioner of agriculture and markets, and the\nsuperintendent of financial services each may designate a person from\nhis department to represent him at all meetings of the authority from\nwhich such member may be absent. Any representative so designated shall\nhave the power to attend and to vote at any meeting of the authority\nfrom which the member so designating him is absent, with the same force\nand effect as if the member designating him were present and voting.\nSuch designation shall be by written notice to the chairman by the\nmember making the designation. Such designation shall not limit the\npower of the member making the designation to attend and vote in person\nat any meeting of the authority.\n  2. Members shall continue in office until the expiration of their\nterms and until their successors have been appointed and confirmed.\nPersons appointed for full terms as their successors shall serve for\nfour years each commencing as of January first. In the event of a\nvacancy occurring in the office of a member by death, resignation or\notherwise, the governor shall appoint a successor with the advice and\nconsent of the senate to serve for the balance of the unexpired term.\n  3. The members of the authority shall serve without salary or other\ncompensation, but each member shall be entitled to reimbursement for\nactual and necessary expenses incurred in the performance of his or her\nofficial duties.\n  4. The members of the authority may engage in private employment, or\nin a profession or business, subject to the limitations contained in\nsections seventy-three and seventy-four of the public officers law. The\nauthority shall, for the purposes of such sections, be a "state agency",\nand such members shall be "officers" of the agency for the purposes of\nsaid sections. In addition, the authority may adopt such standards and\nprocedures as it considers necessary to ensure compliance with the\nprovisions of sections seventy-three and seventy-four of the public\nofficers law.\n  5. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nauthority created by this section, provided, however, that a member who\nholds such other public office or employment shall receive no additional\ncompensation or allowance for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of such services.\n  6. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him, and an opportunity to be heard, in person or by counsel, in\nhis defense, upon not less than ten days' notice. If any such member\nshall be removed, the governor shall file in the office of the\ndepartment of state a complete statement of charges made against such\nmember, and his findings thereon, together with a complete record of the\nproceedings.\n  7. The commissioner of economic development shall be the chairman of\nthe authority and shall preside over all meetings of the authority and\nshall have such other duties as the authority may direct. A\nvice-chairman may be elected by the authority from among its other\nmembers for one or more terms of one year each. The vice-chairman shall\npreside over all meetings of the authority in the absence of the\ncommissioner of economic development and shall have such other duties as\nthe authority may direct.\n  8. Six members of the authority shall constitute a quorum for the\ntransaction of any business or the exercise of any power or function of\nthe authority. Resolutions authorizing the issuance of bonds or notes of\nthe authority and resolutions authorizing the granting of mortgage loans\nshall be approved by not less than six members of the authority at a\nmeeting duly called for such purpose, but for the transaction of any\nother business or the performance of any other power or function of the\nauthority, the authority may act by a majority of the members present at\nany meeting at which a quorum is in attendance.\n  8-a. Determination on mortgage loan applications. The chairman of the\nauthority shall convene meetings for the transaction of business or the\nexercise of any power or function of the authority at regular intervals,\nand whenever prudent and practical, the authority shall render a\ndetermination on an application for a mortgage loan and notify the\napplicant of the determination within four weeks of the receipt of such\ncompleted application. In the event that a determination cannot be\nreached within the four week period, the authority shall submit to the\napplicant a statement of the reasons for such delay upon or prior to the\nexpiration of such four week period.\n  9. The authority may appoint such persons to serve as officers of the\nauthority as it may deem advisable, including a president and a counsel,\nand such employees as it deems advisable, and may prescribe their duties\nand fix their compensation, subject to the civil service law and the\nrules and regulations of the civil service commission of the state.\n  10. The authority may appoint one or more advisory committees\nconsisting of not more than seven members each to consider and advise\nthe authority upon all matters submitted to them by the authority and to\nrecommend to the authority such changes in the administration of this\ntitle and the operations of the authority as the advisory committee may\ndeem desirable. Members of advisory committees shall serve without\nsalary for such terms, not to exceed four years, as the authority may\ndetermine.  Each member of an advisory committee shall be entitled to\nreimbursement for his actual and necessary travel expenses incurred in\nthe performance of his duties.\n
N.Y. EDN Law § 6604 — New York Code / Act EDN / Title 8 / Article 133 / Section 6604
Requirements for a license as a dentist
Status: in_force

§ 6604. Requirements for a license as a dentist. To qualify for a\nlicense as a dentist, an applicant shall fulfill the following\nrequirements:\n  (1) Application: file an application with the department;\n  (2) Education: have received an education, including a doctoral degree\nin dentistry, in accordance with the commissioner's regulations;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations, provided that such\nexperience shall consist of satisfactory completion of a postdoctoral\ngeneral practice or specialty dental residency program, of at least one\nyear's duration, in a hospital or dental facility accredited for\nteaching purposes by a national accrediting body approved by the\ndepartment, provided, further that any such residency program shall\ninclude a formal outcome assessment evaluation of the resident's\ncompetence to practice dentistry acceptable to the department;\n  (4) Examination: pass a written examination satisfactory to the board\nand in accordance with the commissioner's regulations;\n  (5) Age: be at least twenty-one years of age;\n  (6) Citizenship or immigration status: be a United States citizen or a\nnoncitizen lawfully admitted for permanent residence in the United\nStates; provided, however, that the board of regents may grant a three\nyear waiver for a noncitizen to practice in an area which has been\ndesignated a federal dental health professions shortage area, except\nthat the board of regents may grant an additional extension not to\nexceed six years to a noncitizen to enable him or her to secure\ncitizenship or permanent resident status, provided such status is being\nactively pursued;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of two hundred twenty dollars to the department\nfor admission to a department conducted examination and for an initial\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\nfee of one hundred thirty-five dollars for an initial license for\npersons not requiring admission to a department conducted examination,\nand a fee of two hundred ten dollars for each triennial registration\nperiod.\n
N.Y. PBA Law § 1199-BB*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-BB*2
Definitions
Status: in_force

* § 1199-bb. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section one thousand\none hundred ninety-nine-dd of this title.\n  2. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  3. "Civil service commission" means the civil service commission of\nthe county.\n  4. "Comptroller" means the comptroller of the state.\n  5. "Construction" means the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water system; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, fiscal and economic investigations and studies, surveys, designs,\nplans, working drawings, specifications, procedure and other actions\npreliminary or incidental thereto.\n  6. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of the demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all systems, facilities, machines, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultant and legal services, the cost\nof guarantee, bond insurance, other credit support device and the cost\nof other expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\namount authorized in the resolution of the authority providing for the\nissuance of bonds to be paid into any reserve or other special funds\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including reimbursement to the county, or any\nmunicipality, state agency, the state, the United States government, or\nany other person for expenditures that would be costs of the project\nhereunder had they been made directly by the authority.\n  7. "County" means the county of Orange.\n  8. "County executive" means the county executive of the county.\n  9. "County legislature" means the county legislature of the county.\n  10. "District" means the Orange county water district created by\nsection one thousand one hundred ninety-nine-cc of this title.\n  11. "Distribution system" means 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 such water.\n  12. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n  13. "Municipality" means any county, city, town, village, improvement\ndistrict under the town law, any other such instrumentality, including\nany agency, or public corporation of the state, or any of the foregoing\nor any combination thereof.\n  14. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  15. "Project" means any water facility.\n  16. "Properties" means the water system or systems of the authority,\nwhether situated within or without the territorial limits of the\ndistrict, including the plants, works, structures, instrumentalities or\npart thereof and appurtenances thereto, real property, water facilities,\nor any other property incidental to and included in such system or\nsystems or part thereof, any improvements, extensions and betterments.\n  17. "Real property" means lands, structures, franchise, rights and\ninterests in land, waters, land under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  18. "Revenues" means all rates, fees, charges, payments and other\nincome and receipts derived from the operation of the properties of the\nauthority including, without limiting the generality of the foregoing,\ninvestment proceeds and proceeds of insurance, condemnation, and sale or\nother disposition of assets, together with all federal, state or\nmunicipal aid, if any.\n  19. "State" means the state of New York.\n  20. "State agency" means any state officer, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  21. "Supply facility" means a water facility employed to make\ngroundwater, surface water or water to be purchased from the city of New\nYork, the New York city municipal water finance authority, New York city\nwater board or any agency or instrumentality thereof, available for\ndelivery into a transmission facility or distribution system.\n  22. "Transmission facility" means a water facility used to carry water\nfrom a supply facility to a distribution system.\n  23. "Water facility" or "water facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, treating or distributing water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\naqueduct taps, standpipes, conduits, pipelines, mains, pumping stations,\npumps, water distribution systems, compensating reservoirs, intake\nstations, waterworks or sources of water supply, wells, purification or\nfiltration plants or other treatment plants and works, contract rights,\nfranchises, approaches, connections, permits, water meters, rights of\nflowage or diversion and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, treatment or distribution of water.\n  * NB There are 2 § 1199-bb's\n
N.Y. EDN Law § 6811 — New York Code / Act EDN / Title 8 / Article 137 / Section 6811
Misdemeanors
Status: in_force

§ 6811. Misdemeanors. It shall be a class A misdemeanor for:\n  1. Any person knowingly or intentionally to prevent or refuse to\npermit any board member or department representative to enter a pharmacy\nor any other establishment for the purpose of lawful inspection;\n  2. Any person whose license has been revoked to refuse to deliver the\nlicense;\n  3. Any pharmacist to display his license or permit it to be displayed\nin a pharmacy of which he is not the owner or in which he is not\nemployed, or any owner to fail to display in his pharmacy the license of\nthe pharmacist employed in said pharmacy;\n  4. Any holder of a license to fail to display the license;\n  5. Any owner of a pharmacy to display or permit to be displayed in his\npharmacy the license of any pharmacist not employed in said pharmacy;\n  6. Any person to carry on, conduct or transact business under a name\nwhich contains as a part thereof the words "drugs", "medicines", "drug\nstore", "apothecary", or "pharmacy", or similar terms or combination of\nterms, or in any manner by advertisement, circular, poster, sign or\notherwise describe or refer to the place of business conducted by such\nperson, or describe the type of service or class of products sold by\nsuch person, by the terms "drugs", "medicine", "drug store",\n"apothecary", or "pharmacy", unless the place of business so conducted\nis a pharmacy licensed by the department;\n  7. Any person to enter into an agreement with a physician, dentist,\npodiatrist or veterinarian for the compounding or dispensing of secret\nformula (coded) prescriptions;\n  9. Any person to manufacture, sell, deliver for sale, hold for sale or\noffer for sale of any drug, device or cosmetic that is adulterated or\nmisbranded;\n  10. Any person to adulterate or misbrand any drug, device or cosmetic;\n  11. Any person to receive in commerce any drug, device or cosmetic\nthat is adulterated or misbranded, and to deliver or proffer delivery\nthereof for pay or otherwise;\n  12. Any person to sell, deliver for sale, hold for sale, or offer for\nsale any drug, device or cosmetic in violation of this article;\n  13. Any person to disseminate any false advertisement;\n  14. Any person to refuse to permit entry or inspection as authorized\nby this article;\n  15. Any person to forge, counterfeit, simulate, or falsely represent,\nor without proper authority using any mark, stamp, tag, label or other\nidentification device authorized or required by rules and regulations\npromulgated under the provisions of this article;\n  16. Any person to use for his own advantage, or reveal, other than to\nthe commissioner or his duly authorized representative, or to the courts\nwhen relevant in any judicial proceedings under this article, any\ninformation acquired under authority of this article or concerning any\nmethod or process, which is a trade secret;\n  17. Any person to alter, mutilate, destroy, obliterate or remove the\nwhole or any part of the labeling of, or the doing of any other act with\nrespect to a drug, device, or cosmetic, if such act is done while such\narticle is held for sale and results in such article being misbranded;\n  18. Any person to use on the labeling of any drug or in any\nadvertising relating to such drug any representation or suggestion that\nan application with respect to such drug is effective under section\nsixty-eight hundred seventeen of this chapter or that such is in\ncompliance with the provisions of such section;\n  19. Any person to violate any of the provisions of section sixty-eight\nhundred ten of this article;\n  20. Any person to violate any of the provisions of section sixty-eight\nhundred sixteen of this article;\n  21. Any person, to sell at retail or give away in tablet form\nbichloride of mercury, mercuric chloride or corrosive sublimate, unless\nsuch bichloride of mercury, mercuric chloride or corrosive sublimate,\nwhen so sold, or given away, shall conform to the provisions of national\nformulary XII. Nothing contained in this paragraph shall be construed to\nprohibit the sale and dispensing of bichloride of mercury in any form,\nshape, or color, when combined or compounded with one or more other\ndrugs or excipients, for the purposes of internal medication only, or\nwhen sold in bulk in powder form, or to any preparation containing\none-tenth of a grain or less of bichloride of mercury;\n  22. Any pharmacy to fail to properly post the list required by section\nsixty-eight hundred twenty-six of this article;\n  23. Any pharmacy to change its current selling price without changing\nthe listed price as provided by section sixty-eight hundred twenty-six\nof this article;\n  24. Any person to refuse to permit access to or copying of any record\nas required by this article; or\n  25. Any manufacturer to sell or offer for sale any drug not\nmanufactured, prepared or compounded under the personal supervision of a\nchemist or licensed pharmacist or not labeled with the full name of the\nmanufacturer or seller.\n  26. Any outsourcing facility to sell or offer to sell any drug that is\nnot both compounded under the personal supervision of a licensed\npharmacist and labeled with the full name of the outsourcing facility.\n
N.Y. EDN Law § 6911 — New York Code / Act EDN / Title 8 / Article 139 / Section 6911
Certification as a clinical nurse specialist (CNS)
Status: in_force

§ 6911. Certification as a clinical nurse specialist (CNS). 1. For\nissuance of a certificate to practice as a clinical nurse specialist\nunder section six thousand nine hundred two of this article, the\napplicant shall fulfill the following requirements:\n  (a) file an application with the department;\n  (b) be licensed as a registered professional nurse in this state;\n  (c) (i) have satisfactorily completed an educational program\nregistered by the department including a master's or doctoral degree, or\na post-master's certificate from a program acceptable to the department\nwhich prepares graduates to practice as CNSs and which is accredited by\na national nursing accredited body acceptable to the department, and\n(ii) meets all other requirements established by the department to\npractice as a clinical nurse specialist, or (iii) have received\neducational preparation determined by the department to be the\nsubstantial equivalent of subparagraphs (i) and (ii) of this paragraph;\nand\n  (d) pay a fee to the department of fifty dollars for each initial\ncertificate authorizing clinical nurse specialist practice and a\ntriennial registration fee of thirty dollars. Registration under this\nsection shall be coterminous with the clinical nurse specialist's\nregistration as a professional nurse.\n  2. Only a person certified under this section shall use the title\n"clinical nurse specialist" or the designation "CNS".\n
N.Y. EDN Law § 6810 — New York Code / Act EDN / Title 8 / Article 137 / Section 6810
Prescriptions
Status: in_force

§ 6810. Prescriptions. 1. No drug for which a prescription is required\nby the provisions of the Federal Food, Drug and Cosmetic Act or by the\ncommissioner of health shall be distributed or dispensed to any person\nexcept upon a prescription written by a person legally authorized to\nissue such prescription. Such drug shall be compounded or dispensed by a\nlicensed pharmacist, and no such drug shall be dispensed without\naffixing to the immediate container in which the drug is sold or\ndispensed a label bearing the name and address of the owner of the\nestablishment in which it was dispensed, the date compounded, the number\nof the prescription under which it is recorded in the pharmacist's\nprescription files, the name of the prescriber, the name and address of\nthe patient, and the directions for the use of the drug by the patient\nas given upon the prescription. All labels shall conform to such rules\nand regulations as promulgated by the commissioner pursuant to section\nsixty-eight hundred twenty-nine of this article. The prescribing and\ndispensing of a drug which is a controlled substance shall be subject to\nadditional requirements provided in article thirty-three of the public\nhealth law. The words "drug" and "prescription required drug" within the\nmeaning of this article shall not be construed to include soft or hard\ncontact lenses, eyeglasses, or any other device for the aid or\ncorrection of vision. Nothing in this subdivision shall prevent a\npharmacy from furnishing a drug to another pharmacy which does not have\nsuch drug in stock for the purpose of filling a prescription.\n  1-a. Notwithstanding subdivision one of this section, at the\nprescriber's request, the prescription label for mifepristone or\nmisoprostol shall include the name or address of the prescribing health\ncare practice instead of the name of the prescriber.\n  2. (a) A prescription may not be refilled unless it bears a contrary\ninstruction and indicates on its face the number of times it may be\nrefilled. A prescription may not be refilled more times than allowed on\nthe prescription. The date of each refilling must be indicated on the\noriginal prescription. Prescriptions for controlled substances shall be\nrefilled only pursuant to article thirty-three of the public health law.\n  A pharmacy registered with the department pursuant to section\nsixty-eight hundred eight or sixty-eight hundred eight-b of this article\nmay not deliver a new or refilled prescription off premises without the\nconsent of the patient or an individual authorized to consent on the\npatient's behalf. For the purposes of this section, consent may be\nobtained in the same manner and process by which consent is deemed\nacceptable under the federal Medicare Part D program.\n  (b) Pharmacy providers who deliver medication without patient or\nauthorized individual consent will be required to accept the return of\nthe medication from the patient, provide that patient credit for any\ncharges they may have paid, and will be required to destroy those\nmedications sent without consent on delivery in accordance with\napplicable state and federal law. Nothing in this section shall be\ndeemed to interfere with the requirements for refill reminder or\nmedication adherence programs. Nothing in this section is intended to\napply to long-term care pharmacy dispensing and delivery.\n  3. A copy of a prescription for a controlled substance shall not be\nfurnished to the patient but may be furnished to any licensed\npractitioner authorized to write such prescription. Copies of other\nprescriptions shall be furnished to the patient at his request, but such\ncopies are issued for the informational purposes of the prescribers\nonly, and shall be so worded.\n  4. (a) Oral prescriptions for controlled substances shall be filled\npursuant to article thirty-three of the public health law. A pharmacist\nmay fill an oral prescription for a drug, other than a controlled\nsubstance, made by a practitioner legally authorized to prescribe drugs.\nAn oral authorization for the refill of a prescription, other than a\nprescription for a controlled substance, may be made by a practitioner\nlegally authorized to prescribe drugs. The pharmacist receiving such\noral authorization for the refill of a prescription shall write on the\nreverse side of the original prescription the date, time, and name of\nthe practitioner authorizing the refill of the prescription. An oral\nprescription or an oral authorization for the refill of a prescription\nfor the drug, other than a controlled substance, may be communicated by\nan employee of the prescribing practitioner; provided, however, the\npharmacist shall:\n  (i) contemporaneously reduce such prescription to writing;\n  (ii) dispense the substance in conformity with the labeling\nrequirements applicable to a written prescription; and\n  (iii) make a good faith effort to verify the employee's identity if\nthe employee is unknown to the pharmacist.\n  (b) Oral prescriptions for patients in general hospitals, nursing\nhomes, residential health care facilities as defined in section\ntwenty-eight hundred one of the public health law, hospitals as defined\nin subdivision ten of section 1.03 of the mental hygiene law, or\nfacilities operated by the office for people with developmental\ndisabilities, may be communicated to a pharmacist serving as a vendor of\npharmaceutical services based upon a contractual arrangement by an agent\ndesignated by and under the direction of the prescriber or the\ninstitution. Such agent shall be a health care practitioner currently\nlicensed and registered under this title.\n  5. Records of all prescriptions filled or refilled shall be maintained\nfor a period of at least five years and upon request made available for\ninspection and copying by a representative of the department. Such\nrecords shall indicate date of filling or refilling, prescriber's name,\npatient's name and address and the name or initials of the pharmacist\nwho prepared, compounded, or dispensed the prescription. Records of\nprescriptions for controlled substances shall be maintained pursuant to\nrequirements of article thirty-three of the public health law.\n  6. (a) Every prescription written in this state by a person authorized\nto issue such prescription shall be on prescription forms containing one\nline for the prescriber's signature. The prescriber's signature shall\nvalidate the prescription. Every electronic prescription shall provide\nfor the prescriber's electronic signature, which shall validate the\nelectronic prescription. Imprinted conspicuously on every prescription\nwritten in this state in eight point upper case type immediately below\nthe signature line shall be the words: "THIS PRESCRIPTION WILL BE FILLED\nGENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX BELOW". Unless\nthe prescriber writes d a w in such box in the prescriber's own\nhandwriting or, in the case of electronic prescriptions, inserts an\nelectronic direction to dispense the drug as written, the prescriber's\nsignature or electronic signature shall designate approval of\nsubstitution by a pharmacist of a drug product pursuant to paragraph (o)\nof subdivision one of section two hundred six of the public health law.\nNo other letters or marks in such box shall prohibit substitution. No\nprescription forms used or intended to be used by a person authorized to\nissue a prescription shall have 'd a w' preprinted in such box. Such box\nshall be placed directly under the signature line and shall be\nthree-quarters inch in length and one-half inch in height, or in\ncomparable form for an electronic prescription as may be specified by\nregulation of the commissioner. Immediately below such box shall be\nimprinted in six point type the words "Dispense As Written".\nNotwithstanding any other provision of law, no state official, agency,\nboard or other entity shall promulgate any regulation or guideline\nmodifying those elements of the prescription form's contents specified\nin this subdivision. To the extent otherwise permitted by law, a\nprescriber may modify only those elements of the prescription form's\ncontents not specified in this subdivision. Notwithstanding any other\nprovision of this section or any other law, when a generic drug is not\navailable and the brand name drug originally prescribed is available and\nthe pharmacist agrees to dispense the brand name product for a price\nthat will not exceed the price that would have been charged for the\ngeneric substitute had it been available, substitution of a generic drug\nproduct will not be required. If the generic drug product is not\navailable and a medical emergency situation, which for purposes of this\nsection is defined as any condition requiring alleviation of severe pain\nor which threatens to cause disability or take life if not promptly\ntreated, exists, then the pharmacist may dispense the brand name product\nat his regular price. In such instances the pharmacist must record the\ndate, hour and nature of the medical emergency on the back of the\nprescription and keep a copy of all such prescriptions.\n  (b) Notwithstanding any other provision of this section or any other\nlaw, when an interchangeable biological product is not available and the\nbiological product originally prescribed is available and the pharmacist\nagrees to dispense the prescribed biological product for a price that\nwill not exceed the price that would have been charged for the\ninterchangeable biological substitute had it been available,\nsubstitution of an interchangeable biological product will not be\nrequired. If the interchangeable biological product is not available and\na medical emergency situation, which for purposes of this section is\ndefined as any condition requiring alleviation of severe pain or which\nthreatens to cause disability or take life if not promptly treated,\nexists, then the pharmacist may dispense the prescribed biological\nproduct at his regular price. In such instances the pharmacist must\nrecord the date, hour and nature of the medical emergency on the back of\nthe prescription and keep a copy of all such prescriptions.\n  (c) The prescriber shall inform the patient whether he or she has\nprescribed a brand name or its generic equivalent drug product or\ninterchangeable biological product.\n  (d) The provisions of this subdivision shall not apply to a hospital\nas defined in article twenty-eight of the public health law.\n  (e) No prescriber shall be subjected to civil liability arising solely\nfrom authorizing, in accordance with this subdivision, the substitution\nby a pharmacist of a drug product pursuant to paragraph (o) of\nsubdivision one of section two hundred six of the public health law.\n  7. (a) No prescription for a drug written in this state by a person\nauthorized to issue such prescription shall be on a prescription form\nwhich authorizes the dispensing or compounding of any other drug. No\ndrug shall be dispensed by a pharmacist when such prescription form\nincludes any other drug.\n  (b) With respect to drugs other than controlled substances, the\nprovisions of this subdivision shall not apply to pharmacists employed\nby or providing services under contract to general hospitals, nursing\nhomes, residential health care facilities as defined in section\ntwenty-eight hundred one of the public health law, hospitals as defined\nin subdivision ten of section 1.03 of the mental hygiene law, or\nfacilities operated by the office for people with developmental\ndisabilities, who dispense drugs in the course of said employment or in\nthe course of providing such services under contract. With respect to\nsuch pharmacists, each prescription shall be transcribed on a patient\nspecific prescription form.\n  8. Every prescription (whether or not for a controlled substance)\nwritten in this state by a person authorized to issue such prescription\nand containing the prescriber's signature shall, in addition to such\nsignature, be imprinted or stamped legibly and conspicuously with the\nprinted name of the prescriber who has signed the prescription. The\nimprinted or stamped name of the signing prescriber shall appear in an\nappropriate location on the prescription form and shall not be entered\nin or upon any space or line reserved for the prescriber's signature.\nThe imprinted or stamped name shall not be employed as a substitute for,\nor fulfill any legal requirement otherwise mandating that the\nprescription be signed by the prescriber.\n  9. No person, corporation, association or other entity, not licensed\nto issue a prescription pursuant to this title, shall wilfully cause\nprescription forms, blanks or facsimiles thereof to be disseminated to\nany person other than a person who is licensed to issue a prescription\npursuant to this title. A violation of this subdivision shall be a class\nB misdemeanor punishable in accordance with the provisions of the penal\nlaw.\n  10. Notwithstanding any other provision of this section or any other\nlaw to the contrary, effective three years subsequent to the date on\nwhich regulations establishing standards for electronic prescriptions\nare promulgated by the commissioner of health, in consultation with the\ncommissioner pursuant to subdivision three of section two hundred\neighty-one of the public health law, no practitioner shall issue any\nprescription in this state, unless such prescription is made by\nelectronic prescription from the practitioner to a pharmacy, except for\nprescriptions: (a) issued by veterinarians; (b) issued or dispensed in\ncircumstances where electronic prescribing is not available due to\ntemporary technological or electrical failure, as set forth in\nregulation; (c) issued by practitioners who have received a waiver or a\nrenewal thereof for a specified period determined by the commissioner of\nhealth, not to exceed one year, from the requirement to use electronic\nprescribing, pursuant to a process established in regulation by the\ncommissioner of health, in consultation with the commissioner due to\neconomic hardship, technological limitations that are not reasonably\nwithin the control of the practitioner, or other exceptional\ncircumstance demonstrated by the practitioner; (d) issued by a\npractitioner under circumstances where, notwithstanding the\npractitioner's present ability to make an electronic prescription as\nrequired by this subdivision, such practitioner reasonably determines\nthat it would be impractical for the patient to obtain substances\nprescribed by electronic prescription in a timely manner, and such delay\nwould adversely impact the patient's medical condition, provided that if\nsuch prescription is for a controlled substance, the quantity that does\nnot exceed a five day supply if the controlled substance was used in\naccordance with the directions for use; or (e) issued by a practitioner\nto be dispensed by a pharmacy located outside the state, as set forth in\nregulation.\n  10-a. A pharmacy that receives an electronic prescription from the\nperson issuing the prescription may, if the prescription has not been\ndispensed and at the request of the patient or a person authorized to\nmake the request on behalf of the patient, immediately transfer or\nforward such prescription to an alternative pharmacy designated by the\nrequesting party.\n  11. In the case of a prescription issued by a practitioner under\nparagraph (b) of subdivision ten of this section, the practitioner shall\nbe required to indicate in the patient's health record that the\nprescription was issued other than electronically due to temporary\ntechnological or electrical failure.\n  12. In the case of a prescription issued by a practitioner under\nparagraph (d) or (e) of subdivision ten of this section, the\npractitioner shall, upon issuing such prescription, indicate in the\npatient's health record either that the prescription was issued other\nthan electronically because it (a) was impractical to issue an\nelectronic prescription in a timely manner and such delay would have\nadversely impacted the patient's medical condition, or (b) was to be\ndispensed by a pharmacy located outside the state.\n  13. The waiver process established in regulation pursuant to paragraph\n(c) of subdivision ten of this section shall provide that a practitioner\nprescribing under a waiver must notify the department of health in\nwriting promptly upon gaining the capability to use electronic\nprescribing, and that a waiver shall terminate within a specified period\nof time after the practitioner gains such capability.\n  14. Notwithstanding any other provision of law to the contrary, no\noutsourcing facility may distribute or dispense any drug to any person\npursuant to a prescription unless it is also registered as a pharmacy in\nthis state and meets all other applicable requirements of federal and\nstate law.\n  * 15. Notwithstanding any other provisions of this section or any\nother law to the contrary, a practitioner shall not be required to issue\nprescriptions electronically if he or she certifies to the department of\nhealth, in a manner specified by the department of health, that he or\nshe will not issue more than twenty-five prescriptions during a twelve\nmonth period. Prescriptions in both oral and written form for both\ncontrolled substances and non-controlled substances shall be included in\ndetermining whether the practitioner will reach the limit of twenty-five\nprescriptions.\n  (a) A certification shall be submitted in advance of the twelve-month\ncertification period, except that a twelve-month certification submitted\non or before on July first,two thousand sixteen, may begin March\ntwenty-seventh, two thousand sixteen.\n  (b) A practitioner who has made a certification under this subdivision\nmay submit an additional certification on or before the expiration of\nthe current twelve-month certification period, for a maximum of three\ntwelve-month certifications.\n  (c) A practitioner may make a certification under this subdivision\nregardless of whether he or she has previously received a waiver under\nparagraphs (c) of subdivision ten of this section.\n  * NB Repealed June 1, 2029\n
N.Y. EDN Law § 6802 — New York Code / Act EDN / Title 8 / Article 137 / Section 6802
Definitions
Status: in_force

§ 6802. Definitions. 1. "Pharmacy" means any place in which drugs,\nprescriptions or poisons are possessed for the purpose of compounding,\npreserving, dispensing or retailing, or in which drugs, prescriptions or\npoisons are compounded, preserved, dispensed or retailed, or in which\nsuch drugs, prescriptions or poisons are by advertising or otherwise\noffered for sale at retail.\n  3. "Formulary" means the latest edition of the official national\nformulary, and its supplement.\n  4. "Pharmacopeia", when not otherwise limited, means the latest\nedition of the official United States pharmacopeia, and its supplement.\n  5. "Homeopathic pharmacopeia" means the official homeopathic\npharmacopeia of the United States, and its supplement.\n  6. "Official compendium" means the official United States\npharmacopeia, official homeopathic pharmacopeia of the United States,\nofficial national formulary, or their supplements.\n  7. "Drugs" means:\n  a. Articles recognized in the official United States pharmacopeia,\nofficial homeopathic pharmacopeia of the United States, or official\nnational formulary.\n  b. Articles intended for use in the diagnosis, cure, mitigation,\ntreatment or prevention of disease in man or animals.\n  c. Articles (other than food) intended to affect the structure or any\nfunction of the body of man or animals.\n  d. Articles intended for use as a component of any article specified\nin paragraphs a, b, or c; but does not include devices or their\ncomponents, parts or accessories.\n  8. "Cosmetics" means:\n  a. Articles intended to be rubbed, poured, sprinkled or sprayed on,\nintroduced into or otherwise applied to the human body for cleansing,\nbeautifying, promoting attractiveness, or altering the appearance.\n  b. Articles intended for use as a component of any such articles;\nexcept that the term shall not include soap.\n  9. "Poison", where not otherwise limited, means any drug, chemical or\npreparation likely to be destructive to adult human life in quantity of\nsixty grains or less.\n  10. "Label" means a display of written, printed or pictorial matter\nupon the immediate container of any drug, device or cosmetic. Any\nrequirement made by or under authority of this article, that any word,\nstatement, or other information appear on the label shall not be\nconsidered to be complied with unless such word, statement or other\ninformation also appears on the outside container or wrapper, if there\nbe any, of the retail package of such drug, device or cosmetic or is\neasily legible through the outside container or wrapper.\n  11. "Immediate container" does not include package liners.\n  12. "Labeling" means all labels and other written, printed or\npictorial matter:\n  a. Upon any drug, device or cosmetic or any of its containers or\nwrappers, or\n  b. Accompanying such drug, device or cosmetic.\n  13. "Misbranding". If a drug, device or cosmetic is alleged to be\nmisbranded because the labeling is misleading, or if an advertisement is\nalleged to be false because it is misleading then in determining whether\nthe labeling or advertisement is misleading there shall be taken into\naccount (among other things) not only representations made or suggested\nby statement, word, design, device, sound or any combination thereof,\nbut also the extent to which the labeling fails to reveal facts material\nin the light of such representations or material with respect to\nconsequences which may result from the use of the drug, device, or\ncosmetic to which the labeling or advertising relates under the\nconditions of use prescribed in the labeling or advertising thereof or\nunder such conditions of use as are customary or usual. No drug, device\nor cosmetic which is subject to, and complies with regulations\npromulgated under the provisions of the federal food, drug, and cosmetic\nact, relating to adulteration and misbranding shall be deemed to be\nadulterated or misbranded in violation of the provisions of this article\nbecause of its failure to comply with the board's regulations, or the\nrules of the state board of pharmacy, insofar as the regulations are in\nconflict with regulations relating to adulteration and misbranding under\nthe federal food, drug and cosmetic act.\n  14. "Antiseptic". The representation of a drug, device or cosmetic in\nits labeling, as an antiseptic, shall be considered to be a\nrepresentation that it is a germicide, except in the case of a drug\npurporting to be, or represented as, an antiseptic for inhibitory use as\na wet dressing, ointment, dusting powder, or such other use as involves\nprolonged contact with the body.\n  15. "New drug" means:\n  a. Any drug not generally recognized, among experts qualified by\nscientific training and experience to evaluate the safety and\neffectiveness of drugs, as safe and effective for use under the\nconditions prescribed, recommended or suggested by the drug's labeling,\nexcept that such a drug not so recognized shall not be deemed to be a\n"new drug" if at any time prior to September first, nineteen hundred\nthirty-nine it was subject to the former federal food and drug act of\nJune thirtieth, nineteen hundred six, as amended, and if at such time\nits labeling contained the same representations concerning the\nconditions of its use;\n  b. Any drug, the composition of which is such that the drug, as a\nresult of investigations to determine its safety and effectiveness for\nuse under such conditions, has become recognized, but which has not\notherwise than in such investigations been used to a material extent or\nfor a material time under such conditions.\n  16. "Device" means instruments, apparatus, and contrivances, including\ntheir components, parts and accessories, intended:\n  a. For use in the diagnosis, cure, mitigation, treatment, or\nprevention of disease in man or animals; or\n  b. To affect the structure or any function of the body of man or\nanimals.\n  17. The term "Federal Food, Drug and Cosmetic Act" means the Federal\nFood, Drug, and Cosmetic Act of the United States of America, approved\nJune twenty-fifth, nineteen hundred thirty-eight, officially cited as\npublic document number seven hundred seventeen-seventy-fifth congress\n(chapter six hundred seventy-five--third session), and all its\namendments now or hereafter enacted.\n  18. "Wholesaler" means a person who bottles, packs or purchases drugs,\ndevices or cosmetics for the purpose of selling or reselling to\npharmacies or to other channels as provided in this article.\n  19. "Advertisement" means all representations disseminated in any\nmanner or by any means, other than by labeling, for the purpose of\ninducing, or which are likely to induce, directly or indirectly, the\npurchase of drugs, devices or cosmetics.\n  20. "Controlled substance" means any drug defined as a controlled\nsubstance by article thirty-three of the public health law.\n  21. "Manufacturer" means a person who compounds, mixes, prepares,\nproduces, and bottles or packs drugs, cosmetics or devices for the\npurpose of distributing or selling to pharmacies or to other channels of\ndistribution.\n  22. "Administer", for the purpose of section sixty-eight hundred one\nof this article, means:\n  a. (1) the direct application of an immunizing agent to adults,\nwhether by injection, ingestion, inhalation or any other means, pursuant\nto a patient specific order or non-patient specific regimen prescribed\nor ordered by a physician or certified nurse practitioner, for:\nimmunizations to prevent influenza, pneumococcal, acute herpes zoster,\nhepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella,\nvaricella, COVID-19, meningococcal, tetanus, diphtheria or pertussis\ndisease and medications required for emergency treatment of anaphylaxis;\nand other immunizations for patients eighteen years of age or older if\nthe commissioner of health in consultation with the commissioner\ndetermines that an immunization: (i)(A) may be safely administered by a\nlicensed pharmacist within their lawful scope of practice; and (B) is\nneeded to prevent the transmission of a reportable communicable disease\nthat is prevalent in New York state; or (ii) is a recommended\nimmunization for such patients who: (A) meet age requirements, (B) lack\ndocumentation of such immunization, (C) lack evidence of past infection,\nor (D) have an additional risk factor or another indication. If the\ncommissioner of health determines that there is an outbreak of disease,\nor that there is the imminent threat of an outbreak of disease, then the\ncommissioner of health may issue a non-patient specific regimen\napplicable statewide.\n  (2) the direct application of an immunizing agent to children between\nthe ages of two and eighteen years of age, whether by injection,\ningestion, inhalation or any other means, pursuant to a patient specific\norder or non-patient specific regimen prescribed or ordered by a\nphysician or certified nurse practitioner, for immunization to prevent\ninfluenza, COVID-19, and medications required for emergency treatment of\nanaphylaxis resulting from such immunization. If the commissioner of\nhealth determines that there is an outbreak of influenza or COVID-19, or\nthat there is the imminent threat of an outbreak of influenza or\nCOVID-19, then the commissioner of health may issue a non-patient\nspecific regimen applicable statewide.\n  b. The injection of medications for the treatment of mental health and\nsubstance use disorder, as prescribed or ordered by a licensed\nprescriber, acting within the scope of their practice in this state and\nin accordance with regulations promulgated by the commissioner, in\nconsultation with the department of health and any other state agencies\nas necessary, provided that:\n  (1) Such administration is conducted pursuant to a valid\npatient-specific prescription or patient-specific order that authorizes\na pharmacist to administer medications approved by the U.S. Food and\nDrug Administration for the treatment of mental health and substance use\ndisorder. The pharmacist shall notify the licensed prescriber that the\nadministration is complete within five days and shall convey such\ninformation to the prescriber by making an entry into an interoperable\nelectronic medical records system, an electronic prescribing technology\nor a pharmacy record, or by using facsimile, electronic transmission or\nother electronic means. If an electronic means described in this\nsubparagraph is not available to the pharmacist at the time of\ncommunication, the pharmacist or pharmacist's designee may communicate\nthe information by telephone. Notification shall also be required if a\npatient does not receive an administration or if the patient experiences\nany side effects or adverse reactions to the medications. Administration\nin a pharmacy shall not commence until after the patient has received\nthe initial injection and is considered eligible for maintenance\ntreatment by the licensed prescriber.\n  (2) Such prescription may be subject to reassessment at appropriate\nintervals, as determined by the licensed prescriber.\n  (3) Such activity is conducted in accordance with regulations,\npromulgated or adopted by the commissioner, in consultation with the\ndepartment of health and any other state agencies, as necessary, which\nshall include requirements for the following:\n  (i) Maintaining continued competency regarding the populations served\nand medications administered.\n  (ii) Pre-administration patient consent and education regarding common\nside effects, drug interactions, injection site reactions and other\ninformation routinely provided to patients upon dispensing. If a patient\nis unable to provide consent, the pharmacist must obtain consent from a\nperson legally responsible when the recipient is incapable of\nconsenting.\n  (iii) When administering an injection in a pharmacy, the pharmacist\nshall provide an area for the injection that provides for the patient's\nprivacy.\n  (iv) Ensuring that only U.S. Food and Drug Administration approved\nmedications are administered.\n  23. "Electronic prescription" means a prescription created, recorded,\nor stored by electronic means; issued with an electronic signature; and\ntransmitted by electronic means, in accordance with regulations of the\ncommissioner and applicable regulations of the commissioner of health\nand federal regulations; provided, however, that an original hard copy\nprescription that is created electronically or otherwise may be\ntransmitted from the prescriber to the pharmacist by facsimile and must\nbe manually signed. "Electronic" means of or relating to technology\nhaving electrical, digital, magnetic, wireless, optical,\nelectromagnetic, or similar capabilities. "Electronic signature" means\nan electronic sound, symbol, or process, attached to or logically\nassociated with an electronic prescription and executed or adopted by a\nperson with the intent to sign the prescription, in accordance with\nregulations of the commissioner and applicable regulations of the\ncommissioner of health and federal regulations.\n  24. "Compounding" means the combining, admixing, mixing, diluting,\npooling, reconstituting, or otherwise altering of a drug or bulk drug\nsubstance to create a drug with respect to an outsourcing facility under\nsection 503B of the Federal Food, Drug and Cosmetic Act and further\ndefined in this section.\n  25. "Outsourcing facility" means a facility that:\n  (a) is engaged in the compounding of sterile drugs;\n  (b) is currently registered as an outsourcing facility with the\nSecretary of Health and Human Services; and\n  (c) complies with all applicable requirements of federal and state\nlaw, including the Federal Food, Drug and Cosmetic Act.\n  26. "Sterile drug" means a drug that is intended for parenteral\nadministration, an ophthalmic or oral inhalation drug in aqueous format,\nor a drug that is required to be sterile under federal or state law.\n  27. "Biological product" means a biological product as defined in\nsubsection (i) of section 351 of the Public Health Service Act, 42\nU.S.C. Section 262(i).\n  28. "Interchangeable biological product" means a biological product\nlicensed by the United States Food and Drug Administration pursuant to\n42 U.S.C. Section 262(k)(4) as set forth in the latest edition or\nsupplement of the United States Food and Drug Administration Lists of\nLicensed Biological Products with Reference Product Exclusivity and\nBiosimilarity or Interchangeability Evaluations, sometimes referred to\nas the "Purple Book," or a biological product determined by the United\nStates Food and Drug Administration to be therapeutically equivalent as\nset forth in the latest edition or supplement of the United States Food\nand Drug Administration Approved Drug Products with Therapeutic\nEquivalence Evaluations, sometimes referred to as the "Orange Book."\n  29. "Self-administered hormonal contraceptives", for the purpose of\nsection sixty-eight hundred one of this article, means self-administered\ncontraceptive medications or devices approved by the federal Food and\nDrug Administration to prevent pregnancy by using hormones to regulate\nor prevent ovulation, and includes oral hormonal contraceptives,\nhormonal contraceptive vaginal rings and hormonal contraceptive patches.\n  (30) "Shared pharmacy services" means a system that allows a\nregistered pharmacist or a registered pharmacy, pursuant to a request\nfrom another registered pharmacist or pharmacy, to process or fill a\nprescription or order, pursuant to regulations promulgated by the\ncommissioner.\n
N.Y. PBA Law § 716 — New York Code / Act PBA / Article 3 / Title 8 / Section 716
Title not affected if in part unconstitutional
Status: in_force

§ 716. Title not affected if in part unconstitutional. If any section,\nclause or provision of this title shall be unconstitutional or\nineffective 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. EDN Law § 7005 — New York Code / Act EDN / Title 8 / Article 141 / Section 7005
Exempt persons
Status: in_force

§ 7005. Exempt persons. Nothing in this article shall be construed to\naffect or prevent a student from engaging in clinical practice under\nsupervision of a licensed podiatrist as part of the program of an\napproved school of podiatry.\n
N.Y. EDN Law § 6604-B — New York Code / Act EDN / Title 8 / Article 133 / Section 6604-B
Restricted dental faculty license
Status: in_force

§ 6604-b. Restricted dental faculty license. 1. The department may\nissue a restricted dental faculty license to a full-time faculty member\nemployed at an approved New York state school of dentistry. The holder\nof such restricted dental faculty license shall have the authority to\npractice dentistry, as defined in this article, but such practice of\ndentistry shall be limited to the school's facilities or the school's\nclinics, or facilities or clinics with relationships to the school\nconfirmed by formal affiliation agreements. Nothing in this section\nshall be construed to authorize such holder of a restricted dental\nfaculty license to engage in the private practice of dentistry at any\nother site.\n  2. To qualify for a restricted dental faculty license the applicant\nshall present satisfactory evidence of the following:\n  (a) The completion of a total of no less than six academic years of\npre-professional and professional education, including:\n  i. courses in general chemistry, organic chemistry, biology or zoology\nand physics; and\n  ii. not less than four academic years of professional dental education\nsatisfactory to the department culminating in a degree, diploma or\ncertificate in dentistry recognized by the appropriate civil authorities\nof the jurisdiction in which the school is located as acceptable for\nentry into practice in the jurisdiction in which the school is located.\n  (b) Within the last five years, have two years of satisfactory\npractice as a dentist or have satisfactorily completed an advanced\neducation program in general dentistry or in a dental specialty,\nprovided such program is accredited by an organization accepted by the\ndepartment as a reliable authority for the purpose of accrediting such\nprograms (such as the commission on dental accreditation); and\n  (c) Possesses good moral character as determined by the department.\n  3. The dean of the dental school shall notify the department in\nwriting upon the submission of an initial license application and yearly\nthereafter that the holder of the dental faculty license is employed\nfull-time at the dental school. Full-time employment means the holder of\nsuch dental faculty license devotes at least four full working days per\nweek in teaching or patient care, research or administrative duties at\nthe dental school where employed. The dean of the dental school and the\nholder of such dental faculty license shall each notify the department\nin writing within thirty days of the termination of full-time\nemployment.\n  4. In order to continue to practice dentistry, the holder of a\nrestricted dental faculty license shall apply for and hold a current\ntriennial registration which shall be subject to the same registration\nrequirements as apply to holders of unrestricted dental licenses, except\nthat such registration shall be issued only upon the submission of\ndocumentation satisfactory to the department of the holder's continued\nstatus as a full-time dental faculty member, provided that such\nregistration shall immediately terminate and the holder shall no longer\nbe authorized to practice if the holder ceases to be a full-time dental\nfaculty member at an approved New York state school of dentistry.\n  5. The holder of this restricted dental faculty license shall be\nsubject to the professional misconduct provisions set forth in article\none hundred thirty of this chapter and in the rules of the board of\nregents and the regulations of the commissioner.\n  6. The fee for each restricted dental faculty license shall be three\nhundred dollars, and the fee for initial registration and each\nsubsequent re-registration shall be three hundred dollars.\n  7. In order to be eligible for a restricted dental faculty license an\napplicant must be a United States citizen or a noncitizen lawfully\nadmitted for permanent residence in the United States; provided,\nhowever, that the department may grant a three year waiver for a\nnoncitizen who otherwise meets all other requirements for a restricted\ndental faculty license except that the department may grant an\nadditional extension not to exceed six years to a noncitizen to enable\nhim or her to secure citizenship or permanent resident status, provided\nsuch status is being actively pursued. No current faculty member shall\nbe displaced by the holder of a restricted dental faculty license.\n
N.Y. PBA Law § 1199-H — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-H
Bonds of the authority
Status: in_force

§ 1199-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The authority shall have power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The authority shall have power from time\nto time to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the authority may be general\nobligations secured by the faith and credit of the authority or may be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued, subject only to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues, earnings, or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or the state or any nongovernmental\ninsurer or financial institution any insurance, guaranty or other credit\nsupport device, to the extent now or hereafter available, as to, or for\nthe payment or repayment of interest or principal, or both, or any part\nthereof, on any bonds issued by the authority and to enter into any\nagreement or contract with respect to any such insurance or guaranty,\nexcept to the extent that the same would in any way impair or interfere\nwith the ability of the authority to perform and fulfill the terms of\nany agreement made with the holders of outstanding bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution may provide, except that bonds and any renewals\nthereof shall mature within forty years from the date of original\nissuance of any such bonds. Obligations with a maturity of five years or\nless from the date of their original issuance may be designated as\nnotes. Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates per annum 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 or private sale for such price or prices as\nthe authority shall determine, provided that no bonds of the authority,\nother than obligations designated as notes, may be sold by the authority\nat private sale unless such sale and the terms thereof have been\napproved in writing by the comptroller, where such sale is not to be to\nsuch comptroller, or by the state director of the budget, where such\nsale is to be to the comptroller. The authority may pay all expenses,\npremiums and commissions which it may deem necessary or advantageous in\nconnection with the issuance and sale of bonds.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues of the authority,\ntogether with any other moneys or property of the authority to secure\nthe payment of the bonds, including but not limited to any contracts,\nearnings or proceeds of any grant to the authority received from any\nprivate or public source;\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) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby, and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section one thousand one hundred ninety-nine-i\nof this title and limiting or abrogating the rights of the bondholders\nto appoint a trustee under such section or limiting the rights, duties\nand powers of such trustee;\n  (k) 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  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) 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  (o) any other matters of like or different character which may in any\nway affect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any of its properties and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys or\nproperties and the doing of any act (including refraining from doing any\nact) which the authority would have the right to do in the absence of\nsuch agreements. The authority shall have power to enter into amendments\nof any such agreements within the powers granted to the authority by\nthis title and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof 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 the 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 are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  8. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  9. The 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.\n
N.Y. PBA Law § 1817 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 3 / Section 1817
Application of subtitle
Status: in_force

§ 1817. Application of subtitle. Subject to the provisions of sections\neighteen hundred twenty-two and eighteen hundred twenty-three of this\ntitle, the authority shall have the power and is hereby authorized to\nmake loans with pollution control funds pursuant to this subtitle to\nlocal development corporations for costs of projects located in any area\nof the state for the acquisition, construction, rehabilitation or\nimprovement of pollution control facilities.\n
N.Y. PBA Law § 1199-WW*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-WW*2
Effect of inconsistent provisions
Status: in_force

* § 1199-ww. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of the county, or other municipality, the provisions of\nthis title shall be controlling; provided that nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the state department of environmental conservation or the\nstate department of health.\n  * NB There are 2 § 1199-ww's\n
N.Y. PBA Law § 1197-J — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-J
Moneys of the authority
Status: in_force

§ 1197-j. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer and shall be\ndeposited forthwith in one or more banks and/or trust companies in the\nstate designated by the authority. The moneys in such accounts shall be\npaid out on checks of the treasurer upon requisition by the chairperson\nof the authority or of such other officer or officers as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of or guaranteed by the United States of\nAmerica or of the state of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any bonds as to the custody,\ncollection, security, investment and payment of any moneys of the\nauthority or any moneys held in trust or otherwise for the payment of\nbonds or in any way to secure bonds. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the authority\nand all banks and trust companies are authorized to give such security\nfor such deposits.\n
N.Y. VAT Law § 1626 — New York Code / Act VAT / Title 8 / Article 37 / Section 1626
Regulation of rest and parking areas and scenic overlooks
Status: in_force

§ 1626. Regulation of rest and parking areas and scenic overlooks.\nThe department of transportation with respect to rest and parking areas\nand scenic overlooks provided by the department of transportation along\nstate highways maintained by the state, may prohibit, restrict or\nregulate traffic within such areas and overlooks or the use of such\nareas and overlooks. Any action taken pursuant to this section shall\nsupersede the provisions of this chapter where inconsistent or in\nconflict therewith in respect to the establishment of maximum and\nminimum speed limits and to the parking, standing, stopping and backing\nof vehicles.\n
N.Y. PBA Law § 1199-HH — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-HH
Bonds of the authority
Status: in_force

* § 1199-hh. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in\nconformance with the applicable provisions of the uniform commercial\ncode in such principal amounts as it may determine to be necessary to\npay the cost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\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 the authority\nshall 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. The authority is authorized to obtain from any department or agency\nof the United States of America or the state or nongovernmental insurer\nor financial institution any insurance, guaranty, or other credit\nenhancement arrangement, to the extent now or hereafter available, as\nto, or for the payment or repayment of interest or principal, or both,\nor any part thereof, on any bonds or notes issued by the authority and\nto enter into any agreement or contract with respect to any such\ninsurance, guaranty or credit enhancement arrangement, except to the\nextent that the same would in any way impair or interfere with the\nability of the authority to perform and fulfill the terms of any\nagreement made with the holders of the bonds or notes of the authority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide, except that bonds and any\nrenewals thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewals thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be 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 at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold by the authority at private sale unless such sale and the\nterms thereof have been approved in writing by the comptroller, where\nsuch sale is not to the comptroller, or by the state director of the\nbudget, where such sale is to be to the comptroller.\n  Any bonds or other obligations issued by the Wayne county water\nauthority shall be continued as an obligation by the authority.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the 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 of the authority, to secure\nthe payment of the bonds, including but not limited to any contracts,\nearnings or proceeds of any grant to the authority received from any\nprivate or public source, subject to such agreements with bondholders as\nmay then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected by the authority and the amounts to be raised in each year\nthereby, and the use and disposition of revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any water project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) 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  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) 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 one thousand one hundred\nninety-nine-ii of this title and limiting or abrogating the rights of\nthe bondholders to appoint a trustee under such section or limiting the\nrights, duties and powers of such trustee;\n  (k) 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  (l) limitations on the power of the authority to sell or otherwise\ndispose of any water facility or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of its properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) 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  (q) 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 the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof 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 the 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 the 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 purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members nor the officers of the authority nor any\nperson executing bonds shall be liable personally thereon or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  9. The 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 in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The 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 therefor 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 bonds\nand such notes and the resolution or resolutions authorizing the same\nmay contain any provisions, conditions or limitations which the bonds or\nbond resolution of the authority may contain. Such notes may be sold at\npublic sale or, upon the approval of the comptroller of the terms\nthereof, at private sale. Such notes shall be as fully negotiable as the\nbonds of the authority.\n  * NB There are 2 § 1199-hh's\n
N.Y. PBH Law § 2180 — New York Code / Act PBH / Article 21 / Title 8 / Section 2180
Definitions
Status: in_force

§ 2180. Definitions. As used in this title the following terms shall\nhave the following meanings:\n  1. "Contact tracing" means COVID-19 case investigation and\nidentification of case individuals and contact individuals.\n  2. (a) "Contact tracer" and "contact tracing entity" means an\nindividual or entity employed by or under contract with the state, a\nlocal government, a state or local governmental entity, or an agent\nthereof, to conduct contact tracing, engage in contact tracing, or\nreceive contact tracing information.\n  (b) A contact tracer or contact tracing entity shall not include a\nservice provider that is a non-governmental entity that is employed by\nor under contract with a contact tracing entity or an agent thereof,\nthat receives, transmits, maintains, stores, or hosts contact tracing\ninformation at the direction of a contact tracer or contact tracing\nentity so long as such service provider's access to the information is\nexclusively limited to the maintenance of the information and the\ncontact tracer or contact tracing entity has the ability to delete and\nmanage contact tracing information as provided by this chapter, law,\nrules or regulations. A service provider under this paragraph shall be\nreferred to in this title as a "designated non-governmental entity." A\nservice provider that does not meet the requirements of this paragraph\nand would otherwise be subject to paragraph (a) of this subdivision\nshall be a contact tracing entity.\n  3. "Contact tracing information" means any information that includes\nor can reveal the identity of any case individual or contact individual,\nand any COVID-19-related information or test results, received or\ncollected for the purpose or in the course of contact tracing.\n  4. "Contact individual" means an individual who has or may have come\nin contact with a case individual or who has or may have been exposed to\nand possibly infected with COVID-19.\n  5. " Case individual" means an individual with a confirmed or probable\ndiagnosis of COVID-19.\n  6. "COVID-19" means infection with or the disease caused by the severe\nacute respiratory syndrome coronavirus 2 (SARS-CoV-2).\n  7. "Immigration authority" means any entity, officer, employee, or\ngovernment employee or agent thereof charged with or engaged in\nenforcement of the federal Immigration and Nationality Act, including\nthe United States Immigration and Customs Enforcement, United States\nDepartment of Homeland Security, or United States Customs and Border\nProtection, or agent, contractor or employee thereof, or any successor\nlegislation or entity.\n  8. "De-identified" means, in relation to contact tracing information,\nthat the information cannot identify or be made to identify or be\nassociated with a particular individual, directly or indirectly and is\nsubject to technical safeguards and policies and procedures that prevent\nre-identification, whether intentionally or unintentionally, of any\nindividual.\n  9. "Law enforcement agent or entity" means any governmental entity or\npublic servant, or agent, contractor or employee thereof, authorized to\ninvestigate, prosecute, or make an arrest for a criminal or civil\noffense (except a designated civil offense), or engaged in any such\nactivity, but shall not mean the department, the commissioner, a health\ndistrict, a county department of health, a county health commissioner, a\nlocal board of health, a local health officer, the department of health\nand mental hygiene of the city of New York, or the commissioner of the\ndepartment of health and mental hygiene of the city of New York. As used\nin this subdivision, "designated civil offense" means a civil offense or\noffenses designated by the commissioner (or the commissioner of the New\nYork city department of health and mental hygiene in the case of contact\ntracing information collected by or under authority of the New York city\ndepartment of health and mental hygiene or the New York city health and\nhospitals corporation).\n  10. "Support" means resources or services provided to an individual to\nenable such individual to safely quarantine or isolate, including\ngrocery, meal or pharmacy delivery, laundry services, child or elder\ncare, pet walking, assistance with telephone, internet, or other\ncommunication services or devices, health and mental health services,\nlegal services, provision of appropriate living space for individuals\nwho cannot isolate or quarantine at home, and income replacement.\n"Support" may also include support provided to other individuals for\nwhom the individual commonly provides those resources or services.\n  11. "Permitted purpose" means:\n  (a) disclosure to appropriate health care providers or their personnel\nfor the purpose of the clinical diagnosis, care or treatment of the case\nindividual or contact individual who is the subject of the information,\nwhere an emergency exists and the individual is in immediate need of\nmedical attention and an attempt to secure consent would result in delay\nof treatment which would increase the risk to the individual's life or\nhealth;\n  (b) facilitating a legally-authorized public health-related action,\nwhere and only to the extent necessary to protect the public health in\nrelation to COVID-19; or\n  (c) use or disclosure of contact tracing information to pursue a legal\naction in relation to a violation of this title; provided that\ndisclosure shall be subject to in camera review and approval by the\ncourt, and, if the use is initiated by a party other than the case\nindividual or contact individual who is the subject of the contact\ntracing information, the information must be highly material and\nrelevant for the purpose.\n  12. "Covered entity" means a governmental entity or a place of public\naccommodation, resort or amusement, as defined in section two hundred\nninety-two of the executive law.\n  13. "Physical immunity passport" means a credential that identifies an\nindividual as having received a COVID-19 vaccine or a COVID-19 test\nresult that does not rely on a digital or electronic device. Physical\nimmunity passports include, but are not limited to, pieces of paper\ndenoting immunity status.\n
N.Y. EDN Law § 6509-A — New York Code / Act EDN / Title 8 / Article 130* / Section 6509-A
Additional definition of professional misconduct; limited application
Status: in_force

§ 6509-a. Additional definition of professional misconduct; limited\napplication.  Notwithstanding any inconsistent provision of this article\nor of any other provision of law to the contrary, the license or\nregistration of a person subject to the provisions of articles one\nhundred thirty-two, one hundred thirty-three, one hundred thirty-six,\none hundred thirty-seven, one hundred thirty-nine, one hundred\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\nfifty-six, one hundred fifty-nine and one hundred sixty-four of this\nchapter may be revoked, suspended or annulled or such person may be\nsubject to any other penalty provided in section sixty-five hundred\neleven of this article in accordance with the provisions and procedure\nof this article for the following:\n  That any person subject to the above enumerated articles, has directly\nor indirectly requested, received or participated in the division,\ntransference, assignment, rebate, splitting or refunding of a fee for,\nor has directly requested, received or profited by means of a credit or\nother valuable consideration as a commission, discount or gratuity in\nconnection with the furnishing of professional care, or service,\nincluding x-ray examination and treatment, or for or in connection with\nthe sale, rental, supplying or furnishing of clinical laboratory\nservices or supplies, x-ray laboratory services or supplies, inhalation\ntherapy service or equipment, ambulance service, hospital or medical\nsupplies, physiotherapy or other therapeutic service or equipment,\nartificial limbs, teeth or eyes, orthopedic or surgical appliances or\nsupplies, optical appliances, supplies or equipment, devices for aid of\nhearing, drugs, medication or medical supplies or any other goods,\nservices or supplies prescribed for medical diagnosis, care or treatment\nunder this chapter, except payment, not to exceed thirty-three and\none-third per centum of any fee received for x-ray examination,\ndiagnosis or treatment, to any hospital furnishing facilities for such\nexamination, diagnosis or treatment.  Nothing contained in this section\nshall prohibit such persons from practicing as partners, in groups or as\na professional corporation or as a university faculty practice\ncorporation nor from pooling fees and moneys received, either by the\npartnerships, professional corporations, university faculty practice\ncorporations or groups by the individual members thereof, for\nprofessional services furnished by any individual professional member,\nor employee of such partnership, corporation or group, nor shall the\nprofessionals constituting the partnerships, corporations or groups be\nprohibited from sharing, dividing or apportioning the fees and moneys\nreceived by them or by the partnership, corporation or group in\naccordance with a partnership or other agreement; provided that no such\npractice as partners, corporations or in groups or pooling of fees or\nmoneys received or shared, division or apportionment of fees shall be\npermitted with respect to care and treatment under the workers'\ncompensation law except as expressly authorized by the workers'\ncompensation law.  Nothing contained in this chapter shall prohibit a\nmedical or dental expense indemnity corporation pursuant to its contract\nwith the subscriber from prorationing a medical or dental expense\nindemnity allowance among two or more professionals in proportion to the\nservices rendered by each such professional at the request of the\nsubscriber, provided that prior to payment thereof such professionals\nshall submit both to the medical or dental expense indemnity corporation\nand to the subscriber statements itemizing the services rendered by each\nsuch professional and the charges therefor.\n
N.Y. PBA Law § 1199-BBBB — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-BBBB
Definitions
Status: in_force

* § 1199-bbbb. Definitions. As used or referred to in this title,\nunless a different meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section one\nthousand one hundred ninety-nine-dddd of this title.\n  2. "Board" shall mean the members of the authority constituting and\nacting as the governing board of the authority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  4. "Civil service commission" shall mean the civil service commission\nof the county of Cayuga.\n  5. "Comptroller" shall mean the comptroller of the state of New York.\n  6. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water, sewerage or water and sewerage facility, as the case may be;\nthe inspection and supervision thereof; and the engineering,\narchitectural, legal, appraisal, fiscal, economic and environmental\ninvestigations, services and studies, surveys, designs, plans, working\ndrawings, specifications, procedures and other actions preliminary or\nincidental thereto.\n  7. "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, interest prior to, during\nand after construction to the extent not paid or provided for from\nrevenues or other sources, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of lease guarantee or bond insurance or other credit\nenhancement associated with bonds of the authority (including notes) and\nthe cost of other expenses necessary or incidental to the construction\nof such project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including the reimbursement to the county, or any\nmunicipality, state agency, the state, the United states government, or\nany other person for expenditures made by them that would be costs of\nthe project hereunder.\n  8. "County" shall mean the county of Cayuga.\n  9. "County legislature" shall mean the legislature of Cayuga county.\n  10. "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  11. "District" shall mean the Cayuga county water and sewer authority\ndistrict created by section one thousand one hundred ninety-nine-cccc of\nthis title.\n  12. "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  13. "Members" shall mean the members of the board.\n  14. "Municipality" shall mean any county, city, town, village,\nimprovement district under the town law, any other such instrumentality,\nincluding any agency or public corporation of the state, or any of the\nforegoing or any combination thereof.\n  15. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation as\ndefined pursuant to article two-A of the general construction law.\n  16. "Real property" shall mean lands, structures, franchises, rights\nand interests in land, waters, lands underwater, groundwater, riparian\nrights and air rights and any and all things and rights included within\nsaid term "real property" and includes not only fee simple absolute, but\nalso any and all lesser interests including, but not limited to,\neasements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, 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. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  19. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, conveying,\npumping, treating, neutralizing, storing and disposing of sewage,\nincluding but not limited to main, trunk, intercepting, connecting,\nlateral, outlet or other sewers, outfalls, pumping stations, treatment\nand disposal plants, ground water recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifiers, filters, phosphorus removal equipment and other plants,\nworks, structures, equipment, vehicles, conveyances, contract rights,\nfranchises, approaches, connections, permits, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  20. "State" shall mean the state of New York.\n  21. "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  22. "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  23. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived by the authority\nincluding, 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  24. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  25. "Treasurer" shall mean the treasurer of the authority.\n  26. "Water facility" or "water facilities" shall mean any plants,\nstructures or other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, distributing or treating water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, approaches, connections,\nwater meters, rights of flowage or diversion and other plants,\nstructures, equipment, vehicles, towers, conveyances, real or personal\nproperty or rights therein and appurtenances thereto necessary or useful\nand convenient for the accumulation, supply, transmission, treatment or\ndistribution of water.\n  27. "Water project" shall mean any sewerage facility, water facility\nor water and sewerage facility, as the case may be, including the\nplanning, development, financing or construction thereof.\n  28. "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  * NB There are 2 § 1199-bbbb's\n
N.Y. EDN Law § 7500 — New York Code / Act EDN / Title 8 / Article 151 / Section 7500
Introduction
Status: in_force

§ 7500. Introduction.  This article applies to the use of the title\n"certified shorthand reporter".  The general provisions for all\nprofessions contained in article one hundred thirty of this title apply\nto this article.\n
N.Y. EDN Law § 6817 — New York Code / Act EDN / Title 8 / Article 137 / Section 6817
New drugs
Status: in_force

§ 6817. New drugs. 1. Except as otherwise provided in the Federal\nFood, Drug and Cosmetic Act, no person shall sell, deliver, offer for\nsale, hold for sale, or give away any new drug, unless:\n  a. an application with respect thereto has become effective, or in the\ncase of an investigational drug the sponsor has complied with the\napplicable requirements, under the Federal Food, Drug, and Cosmetic Act,\nor\n  b. when not subject to such act, such drug has been tested and has not\nbeen found to be unsafe or ineffective for use under the conditions\nprescribed, recommended or suggested in the labeling thereof, and, prior\nto selling or offering for sale such drug, there has been filed with the\ndepartment an application setting forth\n  (1) full reports of investigations which have been made to show\nwhether or not such drug is safe and effective for use;\n  (2) a full list of the ingredients used as components of such drug;\n  (3) a full statement of the composition of such drug;\n  (4) a full description of the methods used in, and the facilities and\ncontrols used for, the manufacture, processing and packing of such\ndrugs;\n  (5) such samples of such drug and of the ingredients used as\ncomponents thereof as the board or secretary may require; and\n  (6) specimens of the labeling proposed to be used for such drug.\n  2. An application provided for in paragraph b of subdivision one shall\nbecome effective on the one hundred eightieth day after the filing\nthereof, except that if the secretary or board finds, after due notice\nto applicant and giving him an opportunity for a hearing, that the drug\nis not safe and effective for use under the conditions prescribed,\nrecommended, or suggested in the proposed labeling thereof, he shall,\nprior to the effective date of the application, issue an order refusing\nto permit the application to become effective.\n  3. A drug dispensed on a written or oral prescription of a physician,\ndentist, podiatrist or veterinarian (except a controlled substance),\nshall be exempt from the requirements of this section if such drug bears\na label containing the name and place of business of the dispenser, the\nserial number and date of the prescription, directions for use as may be\nstated in the prescription and the name of the physician, dentist,\npodiatrist or veterinarian issuing the prescription and the name of the\npatient. In addition, such drug shall bear a label containing the\nproprietary or brand name of the drug and, if applicable, the strength\nof the contents, unless the person issuing the prescription explicitly\nstates on the prescription, in his own handwriting, that the name of the\ndrug and the strength thereof should not appear on the label.\n  4. The board shall promulgate regulations for exempting from the\noperation of this section drugs (and with the concurrence of the\ncommissioner of health, pursuant to article thirty-three of the public\nhealth law, controlled substances) intended solely for investigational\nuse by experts qualified by scientific training and experience to\ninvestigate the safety and efficacy of drugs and labeled "For\nInvestigational Use Only". Such regulations may, within the discretion\nof the board, among other conditions relating to the protection of the\npublic health, provide for conditioning such exemptions upon:\n  a. The submission to the secretary before any clinical testing of a\nnew drug is undertaken of reports by the manufacturer or sponsor of the\ninvestigation of such drug, of preclinical tests, including tests on\nanimals of such drug adequate to justify the proposed clincial testing.\n  b. The manufacturer or the sponsor of the investigation of a new drug\nproposed to be distributed to investigators for clinical testing\nobtaining a signed agreement from each of such investigators that\npatients to whom the drug is administered will be under his personal\nsupervision, or under the supervision of investigators responsible to\nhim, and that he will not supply such drug to any other investigator or\nto clinics for administration to human beings; and\n  c. The establishment and maintenance of such records and the making of\nsuch reports to the board by the manufacturer or the sponsor of the\ninvestigation of such drugs of data including, but not limited to,\nanalytical reports by investigators obtained as the result of such\ninvestigational use of such drug as the board finds will enable it to\nevaluate the safety and effectiveness of such drug in the event of the\nfiling of an application pursuant to subdivision one of this section.\n  5. This section shall not apply to any drug which was licensed under\nthe federal virus, serum, and toxin act of July first, nineteen hundred\ntwo (32 Stat. 728) or is licensed under section two hundred sixty-two of\nthe public health service act of July first, nineteen hundred forty-four\n(58 Stat. 682), or under the federal virus, serums, toxins, antitoxins\nand analogous products act of March fourth, nineteen hundred thirteen\n(37 Stat. 832).\n
N.Y. EDN Law § 7001 — New York Code / Act EDN / Title 8 / Article 141 / Section 7001
Definition of practice of podiatry
Status: in_force

§ 7001. Definition of practice of podiatry. * 1. The practice of the\nprofession of podiatry is defined as diagnosing, treating, operating and\nprescribing for any disease, injury, deformity or other condition of the\nfoot, and may include performing physical evaluations in conjunction\nwith the provision of podiatric treatment. For the purposes of wound\ncare however, the practice of podiatry shall include the treatment of\nsuch wounds if they are contiguous with wounds relating, originating or\nin the course of treatment of a wound on the foot within the podiatric\nscope of practice. Wound care shall not, however, extend beyond the\nlevel ending at the distal tibial tuberosity. The practice of podiatry\nmay also include diagnosing, treating, operating and prescribing for any\ndisease, injury, deformity or other condition of the ankle and soft\ntissue of the leg below the tibial tuberosity if the podiatrist has\nobtained an issuance of a privilege to perform podiatric standard ankle\nsurgery or advanced ankle surgery in accordance with section seven\nthousand nine of this article. Podiatrists may treat traumatic open\nwound fractures only in hospitals, as defined in article twenty-eight of\nthe public health law. For the purposes of this article, the term\n"ankle" shall be defined as the distal metaphysis and epiphysis of the\ntibia and fibula, the articular cartilage of the distal tibia and distal\nfibula, the ligaments that connect the distal metaphysis and epiphysis\nof the tibia and fibula and talus, and the portions of skin,\nsubcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or\nbelow the level of the myotendinous junction of the triceps surae.\n  * NB Effective until June 12, 2027\n  * 1. The practice of the profession of podiatry is defined as\ndiagnosing, treating, operating and prescribing for any disease, injury,\ndeformity, other condition of, or local manifestations of systemic\ndiseases as they appear on the foot and the diagnosing, treating, and\nprescribing for any disease, injury, deformity, other condition of, or\nlocal manifestations of systemic diseases as they appear on the ankle,\nunless otherwise provided by this section, and may include performing\nphysical evaluations in conjunction with the provision of podiatric\ntreatment. For the purposes of wound care however, the practice of\npodiatry shall include the treatment of such wounds if they are\ncontiguous with wounds relating, originating or in the course of\ntreatment of a wound on the foot or ankle within the podiatric scope of\npractice. Wound care shall not extend beyond the level ending at the\ndistal tibial tuberosity. The practice of podiatry may also include\noperating for any disease, injury, deformity or other condition of the\nankle and soft tissue of the leg below the tibial tuberosity if the\npodiatrist has obtained an issuance of a privilege to perform podiatric\nstandard ankle surgery or advanced ankle surgery in accordance with\nsection seven thousand nine of this article. Podiatrists may treat\ntraumatic open wound fractures only in hospitals, as defined in article\ntwenty-eight of the public health law. For the purposes of this article,\nthe term "ankle" shall be defined as the distal metaphysis and epiphysis\nof the tibia and fibula, the articular cartilage of the distal tibia and\ndistal fibula, the ligaments that connect the distal metaphysis and\nepiphysis of the tibia and fibula and talus, and the portions of skin,\nsubcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or\nbelow the level of the myotendinous junction of the triceps surae.\n  * NB Effective June 12, 2027\n  * 2. The practice of podiatry shall not include treating any part of\nthe human body other than the foot, nor treating fractures of the\nmalleoli or cutting operations upon the malleoli unless the podiatrist\nobtains an issuance of a privilege to perform podiatric standard ankle\nsurgery or podiatric advanced ankle surgery. Podiatrists who have\nobtained an issuance of a privilege to perform podiatric standard ankle\nsurgery may perform surgery on the ankle which may include soft tissue\nand osseous procedures except those procedures specifically authorized\nfor podiatrists who have obtained an issuance of a privilege for\nadvanced ankle surgery. Podiatrists who have obtained an issuance of a\nprivilege to perform podiatric advanced ankle surgery may perform\nsurgery on the ankle which may include ankle fracture fixation, ankle\nfusion, ankle arthroscopy, insertion or removal of external fixation\npins into or from the tibial diaphysis at or below the level of the\nmyotendinous junction of the triceps surae, and insertion and removal of\nretrograde tibiotalocalcanneal intramedullary rods and locking screws up\nto the level of the myotendinous junction of the triceps surae, but does\nnot include the surgical treatment of complications within the tibial\ndiaphysis related to the use of such external fixation pins. Podiatrists\nlicensed to practice, but not authorized to prescribe or administer\nnarcotics prior to the effective date of this subdivision, may do so\nonly after certification by the department in accordance with the\nqualifications established by the commissioner. The practice of podiatry\nshall include administering only local anesthetics for therapeutic\npurposes as well as for anesthesia and treatment under general\nanesthesia administered by authorized persons. The practice of podiatry\nby any licensee shall not include partial or total ankle replacements\nnor the treatment of pilon fractures.\n  * NB Effective until June 12, 2027\n  * 2. The practice of podiatry shall not include treating any part of\nthe human body other than the foot or ankle, provided, however, that\nunless the podiatrist obtains an issuance of a privilege to perform\npodiatric standard ankle surgery or podiatric advanced ankle surgery,\nsuch practice shall not include the surgical treatment of fractures of\nthe malleoli which includes cutting operations upon the malleoli.\nPodiatrists who have obtained an issuance of a privilege to perform\npodiatric standard ankle surgery may perform surgery on the ankle which\nmay include soft tissue and osseous procedures except those procedures\nspecifically authorized for podiatrists who have obtained an issuance of\na privilege for advanced ankle surgery. Podiatrists who have obtained an\nissuance of a privilege to perform podiatric advanced ankle surgery may\nperform surgery on the ankle which may include ankle fracture fixation,\nankle fusion, ankle arthroscopy, insertion or removal of external\nfixation pins into or from the tibial diaphysis at or below the level of\nthe myotendinous junction of the triceps surae, and insertion and\nremoval of retrograde tibiotalocalcanneal intramedullary rods and\nlocking screws up to the level of the myotendinous junction of the\ntriceps surae, but does not include the surgical treatment of\ncomplications within the tibial diaphysis related to the use of such\nexternal fixation pins. Podiatrists licensed to practice, but not\nauthorized to prescribe or administer narcotics prior to the effective\ndate of this subdivision, may do so only after certification by the\ndepartment in accordance with the qualifications established by the\ncommissioner. The practice of podiatry shall include administering only\nlocal anesthetics for therapeutic purposes as well as for anesthesia and\ntreatment under general anesthesia administered by authorized persons.\nThe practice of podiatry by any licensee shall not include the treatment\nof pilon fractures.\n  * NB Effective June 12, 2027\n  3. (a) The department shall conduct a study to determine whether to\nmake available to the public profiles on podiatrists who have obtained\nan issuance of a privilege to perform podiatric standard or advanced\nankle surgery pursuant to subdivisions one and two of section seven\nthousand nine of this article. Such study shall include consideration of\nwhether it would be appropriate and feasible for the department to make\npublicly available profiles for such podiatrists in a manner similar to\nphysician profiles made available on the department of health's website\nin accordance with section twenty-nine hundred ninety-five-a of the\npublic health law. The department shall consult with the department of\nhealth as necessary on matters related to the operation of the\ndepartment of health's physician profiles established pursuant to\nsection twenty-nine hundred ninety-five-a of the public health law in\nconducting its study.\n  (b) If the department determines that making podiatrist profiles\navailable is appropriate and feasible, the department, after\nconsultation with the department of health, shall outline in such study\nan appropriate and cost effective method of presenting relevant and\nappropriate podiatric profiling information to the general public. The\ndepartment shall submit such study to the governor, the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly on or\nbefore November first, two thousand sixteen.\n  (c) If the department makes podiatrist profiles available as set forth\nin paragraph (b) of this subdivision, the department of health shall\ninclude on its website containing the physician profiles established\npursuant to section twenty-nine hundred ninety-five-a of the public\nhealth law a link to the website on which such podiatrist profiles may\nbe accessed and a statement describing the purpose of such link.\n
N.Y. PBA Law § 1198-O — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-O
Actions against the authority
Status: in_force

§ 1198-o. Actions against the authority. 1. No action or proceeding\nshall be prosecuted or maintained against the authority for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence or wrongful act of the authority\nor any member, officer, agent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit by and in compliance with section\nfifty-e of the general municipal law,\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused, and\n  (c) the action or proceeding shall be commenced within one year and\nninety days after the happening of the event upon which the claim is\nbased.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nbonds, shall not exceed six per centum per annum. Interest on payments\nof principal or interest on any bonds in default shall accrue at the\nrate borne by such bonds from the date thereof until paid or otherwise\nsatisfied.\n
N.Y. EDN Law § 8356 — New York Code / Act EDN / Title 8 / Article 162 / Section 8356
Exempt persons
Status: in_force

§ 8356. Exempt persons. This article shall not be construed to affect\nor prevent:\n  1. Qualified members of other licensed or legally recognized\nprofessions from performing work incidental to the practice of their\nprofession, except that such persons may not hold themselves out under\nthe title athletic trainer or as performing athletic training.\n  2. An athletic training student from engaging in clinical practice\nunder the supervision of a licensed athletic trainer as part of a\nprogram of study approved by the department.\n  3. An athletic trainer licensed in another state or country from\nconducting a teaching clinical demonstration in connection with a\nprogram of basic clinical education, graduate education, or\npost-graduate education in an approved school of athletic training, or\nin a clinical facility, or a health care agency.\n  4. (a) Any person who is licensed or title-protected as an athletic\ntrainer, or as an athletic therapist credentialed by a foreign\ngovernment and in good standing in another state, territory, or country,\nand who has a written agreement to provide athletic training services to\nathletes and team personnel of a United States sports team recognized by\nthe United States Olympic and Paralympic Committees or an out-of-state\nsecondary school, an institution of postsecondary education, a\nprofessional or amateur athletic organization sports team, or a\nperforming arts troupe, may provide athletic training services to such\nathletes and team personnel at a discrete sanctioned team sporting event\nor performance at a secondary school, institution of postsecondary\neducation, professional athletic organization, amateur athletic\norganization, non-profit athletic organization, dance organization,\nmilitary academy or facility of the United States, fire training program\nor academy, or police training school or academy in this state, provided\nsuch services are provided only to such athletes and team personnel at\nsuch discrete sanctioned team sporting event or performance. Any such\nathletic training services shall be provided only five days before\nthrough three days after each such discrete sanctioned team sporting\nevent or traveling performance.\n  (b) Any person practicing as an athletic trainer in this state\npursuant to this subdivision shall be subject to the personal and\nsubject matter jurisdiction and disciplinary and regulatory authority of\nthe board of regents as if such person is a licensee and as if the\nexemption pursuant to this subdivision is a license. Such individual\nshall comply with applicable provisions of the rules of the board of\nregents, and the regulations of the commissioner, relating to\nprofessional misconduct, disciplinary proceedings and penalties for\nprofessional misconduct.\n
N.Y. PBA Law § 1199-S — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-S
Limited liability
Status: in_force

§ 1199-s. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. EDN Law § 6516 — New York Code / Act EDN / Title 8 / Article 130* / Section 6516
Civil enforcement proceedings and civil penalties
Status: in_force

§ 6516. Civil enforcement proceedings and civil penalties. 1. Issuance\nof cease and desist order. Whenever the department has reasonable cause\nto believe that any person has violated any provision of section\nsixty-five hundred twelve or sixty-five hundred thirteen of this\narticle, the department may issue and serve upon such person a notice to\ncease and desist from such violation. Such cease and desist order shall\nbe served personally by the department. If personal service can not be\nmade after due diligence and such fact is certified under oath, a copy\nof the order shall be made by certified mail, return receipt requested,\nto the person's last known address by the department.\n  2. Contents of cease and desist order. The cease and desist order\nshall be in writing and shall describe with particularity the nature of\nthe violation, including a reference of the specific provision or\nprovisions of law alleged to have been violated and an order to the\nrespondent to cease any unlawful activity. The cease and desist order\nshall advise the respondent (a) of the right to contest the order by\nrequesting a hearing within thirty days of the service of the cease and\ndesist order before a hearing officer designated by the department (b)\nof the right to request a stay of the cease and desist order at the time\na hearing is requested and (c) shall set forth the respondent's rights\nat such a hearing pursuant to subdivision five of this section.\n  3. Civil penalties. Civil penalties up to five thousand dollars may be\nimposed for each violation and the respondent may be ordered to make\nrestitution to any person who has an interest in any money or property,\neither real or personal, acquired by the respondent as a result of a\nviolation. Whenever the department concludes that civil penalties and/or\nrestitution may be warranted because of the egregiousness of the\nunlawful activity, it may serve, along with the cease and desist order,\na notice of a hearing on the allegations of unlawful activity and the\ndepartment's intention to order the respondent to make restitution\nand/or impose a civil penalty. The notice should specify the civil\npenalty sought for each violation.\n  4. Request for hearing. If the respondent to a cease and desist order\ncontests the cease and desist order, the respondent shall request a\nhearing conducted by the department within thirty days of the receipt of\nthe cease and desist order. Such a hearing shall be scheduled, and the\nrequesting party notified of the date, within fifteen days of the\nreceipt of the request for a hearing. If the respondent requests a stay\nof the cease and desist order, the hearing officer shall determine\nwhether the cease and desist order should be stayed in whole or in part\nwithin five working days of the request for a stay. The respondent may\nfile a written answer to the cease and desist order prior to the\nhearing. A stenographic record of the hearing shall be made.\n  5. Conduct of hearing. The evidence in support of the cease and desist\norder shall be presented by an attorney for the department. The\nrespondent may appear personally and may be represented by counsel at\nthe hearing, may produce witnesses and evidence in his or her behalf at\nthe hearing, may cross-examine witnesses and examine evidence produced\nagainst him or her at the hearing, and may issue subpoenas in accordance\nwith section three hundred four of the state administrative procedure\nact. The hearing officer shall not be bound by the rules of evidence,\nbut his or her determination that a violation of section sixty-five\nhundred twelve or sixty-five hundred thirteen of this article has\noccurred shall be based on a preponderance of the evidence. A hearing\nwhich has been initiated shall not be discontinued because of the death\nor incapacity of the hearing officer. In the event of a hearing\nofficer's death or incapacity to serve, a new hearing officer shall be\ndesignated by the department to continue the hearing. The new hearing\nofficer shall affirm in writing that he or she has read and considered\nevidence and transcripts of the prior proceedings.\n  6. Results of hearing. The hearing officer designated by the\ndepartment shall render a written report which shall include (a)\nfindings of fact, (b) a determination on each violation alleged in the\ncease and desist order, (c) a determination as to whether to accept,\nreject, or modify any of the terms of the cease and desist order in\nwhole or in part, and (d) the civil penalty imposed, if any. A copy of\nthe hearing officer's written report shall be served upon the respondent\nwith a notice setting forth the respondent's rights to an administrative\nappeal within ten days of the conclusion of the hearing.\n  7. Appeals. The decision of the hearing officer shall be final, except\nthat it may be appealed to a regents review committee within twenty days\nof the receipt of the hearing officer's report. The initiation of an\nappeal shall not in and of itself affect the validity or terms of the\ncease and desist order. The regents review committee shall consist of\nthree members, at least one of whom shall be a regent. The review shall\nbe based on the transcript and the report of the hearing officer. The\nrespondent may appear at the meeting, and the regents review committee\nmay require the respondent to appear. The respondent may be represented\nby counsel. The department shall notify the respondent at least ten days\nbefore the meeting (a) of the time and place of the meeting, (b) of the\nright to appear, (c) of the right to be represented by counsel, (d)\nwhether or not the respondent is required to appear, and (e) of such\nother information as may be considered appropriate. After the meeting,\nthe regents review committee shall transmit a written report of its\nreview to the board of regents. The board of regents (i) shall consider\nthe transcript, the report of the hearing officer, and the report of the\nregents review committee, (ii) shall decide whether the respondent has\nviolated each charge in the cease and desist order, (iii) shall decide\nwhat penalties, if any, to impose as prescribed in this section, and\n(iv) shall issue an order to carry out its decisions. Such decisions\nshall require the affirmative vote of a majority of the members of the\nboard of regents. The order shall be served upon the respondent\npersonally or by certified mail to the respondent's last known address\nand such service shall be effective as of the date of the personal\nservice or five days after mailing by certified mail. The decisions of\nthe board of regents under this section may be reviewed in a proceeding\npursuant to article seventy-eight of the civil practice law and rules\nbrought in the supreme court, Albany county. Such decisions shall not be\nstayed or enjoined except upon application to such supreme court\npursuant to article sixty-three of the civil practice law and rules with\nnotice to the department and to the attorney general.\n  8. General enforcement of cease and desist order. In any case where\nthe cease and desist order is confirmed by the board of regents or where\nthe respondent does not request an administrative hearing within the\nallotted time or does not appeal the decision of the hearing officer\nwithin the allotted time, an action or proceeding may be filed in the\nname of the state of New York seeking a restraining order, injunction,\nappropriate writ, or judgment against any person who violates the terms\nof the cease and desist order.\n  9. Special enforcement of civil monetary penalties. Provided that no\nappeal is pending on the imposition of such civil penalty, in the event\nsuch civil penalty imposed by the department remains unpaid, in whole or\nin part, more than forty-five days after written demand for payment has\nbeen sent by first class mail to the address of the respondent, a notice\nof impending default judgment shall be sent by first class mail to the\nrespondent. The notice of impending default judgment shall advise the\nrespondent: (a) that a civil penalty was imposed on the respondent; (b)\nthe date the penalty was imposed; (c) the amount of the civil penalty;\n(d) the amount of the civil penalty that remains unpaid as of the date\nof the notice; (e) the violations for which the civil penalty was\nimposed; and (f) that a judgment by default will be entered in the\nsupreme court, Albany county unless the department receives full payment\nof all civil penalties due within twenty days of the date of the notice\nof impending default judgment. If full payment shall not have been\nreceived by the department within thirty days of mailing of the notice\nof impending default judgment, the department shall proceed to enter\nwith such court a statement of the default judgment containing the\namount of the penalty or penalties remaining due and unpaid, along with\nproof of mailing of the notice of impending default judgment. The filing\nof such judgment shall have the full force and effect of a default\njudgment duly docketed with such court pursuant to the civil practice\nlaw and rules and shall in all respects be governed by that chapter and\nmay be enforced in the same manner and with the same effect as that\nprovided by law in respect to execution issued against property upon\njudgments of a court of record. A judgment entered pursuant to this\nsubdivision shall remain in full force and effect for eight years\nnotwithstanding any other provision of law.\n
N.Y. EDN Law § 7800 — New York Code / Act EDN / Title 8 / Article 155 / Section 7800
Introduction
Status: in_force

§ 7800. Introduction. This article applies to the profession of\nmassage therapy. The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. PBA Law § 1570-G — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-G
Moneys of the authority
Status: in_force

§ 1570-g. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the village,\nas agent of the authority, who shall not commingle such moneys with any\nother moneys. Such moneys shall be deposited in a separate bank account\nor accounts. The money in such accounts shall be paid out by such\ntreasurer on requisition of the chairperson of the authority or of such\nperson or persons as the authority may authorize to make such\nrequisitions after audit by and upon the warrant of the treasurer of the\nvillage. All deposits of such moneys shall, if required by such\ntreasurer or the authority, be secured by obligations of the United\nStates or the state of New York or of any municipality of a market value\nequal at all times to the amount of the deposit, and all banks and trust\ncompanies are authorized to give such security for such deposits. To the\nextent practicable, consistent with the cash requirements of the\nauthority, all such monies shall be deposited in interest bearing\naccounts. The treasurer of the village and his or her legally authorized\nrepresentatives are authorized and empowered from time to time to\nexamine the accounts and books of the authority, including its receipts,\ndisbursements, contracts, leases, sinking funds, investments and any\nother records and papers relating to its financial standing. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any of its bonds as to the\ncustody, collection, securing, investment and payment of any moneys of\nthe authority or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding that such contract may be inconsistent with the\nprevious provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be acquired in the same manner as moneys of the\nauthority, and all banks and trust companies are authorized to give such\nsecurity for such deposits. Any monies of the authority not required for\nimmediate use or disbursement may, at the discretion of the authority,\nbe invested pursuant to section ninety-eight-a of the state finance law\nin accordance with guidelines established by the board and amended from\ntime to time. Subject to the provisions of any contract with bondholders\nand with the approval of the state comptroller, the authority shall\nprescribe a system of accounts.\n
N.Y. VAT Law § 1612 — New York Code / Act VAT / Title 8 / Article 36 / Section 1612
Enforcement
Status: in_force

§ 1612. Enforcement.  The supreme court shall have jurisdiction to\nenforce the provisions of this article or any orders issued thereunder\nor to enjoin the enforcement thereof.\n
N.Y. EDN Law § 8610 — New York Code / Act EDN / Title 8 / Article 165 / Section 8610
Restricted clinical laboratory licenses
Status: in_force

§ 8610. Restricted clinical laboratory licenses. 1. Restricted\nclinical laboratory license.\n  (a) The department may issue a restricted license pursuant to which\nthe restricted licensee may receive a certificate to perform certain\nexaminations and procedures within the definition of clinical laboratory\ntechnology set forth in subdivision one of section eighty-six hundred\none of this article, provided that such a restricted licensee may\nperform examinations and procedures only in those of the following areas\nwhich are specifically listed in his or her certificate:\nhistocompatibility, cytogenetics, stem cell process, flow\ncytometry/cellular immunology, molecular testing, and toxicology (under\nparagraph (b-1) of this subdivision).\n  (b) Notwithstanding paragraph (a) of this subdivision, restricted\nlicensees employed at National Cancer Institute designated cancer\ncenters or at teaching hospitals that are eligible for distributions\npursuant to paragraph (c) of subdivision three of section twenty-eight\nhundred seven-m of the public health law may receive a certificate that\nalso includes the practice of molecular testing including but not\nlimited to genetic testing-molecular and molecular oncology, and\nrestricted licensees employed at national cancer institute designated\ncancer centers may receive a certificate that includes the use of mass\nspectrometry or any tests and procedures acceptable to the commissioner\nof health, in consultation with the commissioner, in the field of\nproteomics, provided that such certificate holders may practice in such\nadditional areas only at such centers, teaching hospitals or other sites\nas may be designated by the commissioner.\n  (b-1) Only individuals employed in a New York state department of\nhealth authorized toxicology laboratory, operating under the direction\nof a clinical laboratory director, may obtain a certificate in\ntoxicology.\n  (c) To qualify for a restricted license, an applicant shall:\n  (i) file an application with the department;\n  (ii) have received an education, including a bachelor's degree in the\nbiological, chemical, or physical sciences or in mathematics from a\nprogram registered by the department or determined by the department to\nbe the substantial equivalent;\n  (iii) have completed a training program with a planned sequence of\nsupervised employment or engagement in activities appropriate for the\narea of certification, which training program is satisfactory to the\ndepartment in quality, breadth, scope and nature and is provided by an\nentity that shall be responsible for the services provided. The training\nprogram shall be described and attested to by the clinical director of\nthe laboratory in which it is located prior to the beginning of the\nprogram. The duration of the training program shall be one year of\nfull-time training in the specific areas in which the applicant is\nseeking certification or the part-time equivalent thereof, as determined\nby the department, and the successful completion of such program shall\nbe certified by a laboratory director who is responsible for overseeing\nsuch program;\n  (iv) be at least eighteen years of age;\n  (v) be of good moral character as determined by the department; and\n  (vi) pay a fee of one hundred seventy-five dollars for an initial\nrestricted license and a fee of one hundred seventy dollars for each\ntriennial registration period.\n  (d) Each restricted licensee shall register with the department as\nrequired of licensees pursuant to section sixty-five hundred two of this\ntitle and shall be subject to the disciplinary provisions applicable to\nlicensees pursuant to subarticle three of article one hundred thirty of\nthis title.\n  2. The board of regents and the department are authorized to adopt\nsuch rules and regulations as may be necessary to implement the\nprovisions of this section.\n  3. Nothing in this section shall restrict a clinical laboratory\npractitioner, as defined in subdivision two of section eighty-six\nhundred one of this article, from performing any of the examinations or\nprocedures which restricted clinical laboratory licensees are permitted\nto perform under this section and which such clinical laboratory\npractitioner is otherwise authorized to perform.\n