N.Y. SOS Law § 303 — New York Code / Act SOS / Article 5 / Title 8 / Section 303
Character and adequacy
Status: in_force

§ 303. Character and adequacy. 1. It shall be the duty of the social\nservices official to provide emergency assistance, in accordance with\nregulations of the department, to an eligible aged, blind or disabled\nperson who has one or more of the following needs:\n  (a) Replacement or repair, as the case may be, of clothing, furniture,\nfood, fuel and shelter; (including repairs to homes owned by aged,\nblind, and disabled persons and temporary shelter until necessary\nrepairs are completed or replacement shelter is secured), provided such\nclothing, furniture, food, fuel or shelter was lost or rendered useless\nas a result of burglary, theft or vandalism, or as a result of fire,\nflood or other similar catastrophe which could not have been forseen by\nsuch person, and was not under his control. All such losses shall have\nbeen reported to and appropriately verified by local officials before\nsuch replacement or repair;\n  (b) Replacement of stolen cash if reported to and appropriately\nverified by local officials;\n  (c) Replacement of lost or mismanaged cash by a person who by reason\nof advanced age, illness, infirmity, mental weakness, physical handicap,\nintemperance, addiction to drugs, or other cause, has suffered\nsubstantial impairment of his ability to care for his property;\n  (d) Payments to a secured party in whose favor there is a security\ninterest, pursuant to the provisions of article nine of the uniform\ncommercial code, on furniture or household equipment essential to making\nliving accommodations habitable, in an amount not to exceed the cost of\nreplacement. Such payments shall be authorized only after every effort\nhas been made by the social services official to defer, cancel, reduce\nor compromise payments on such security interests;\n  (e) Household moving expenses when a change of residence is necessary\nbecause the health, welfare or safety of the eligible person or persons\nis endangered and such move is not caused by eviction for nonpayment of\nrent, or when such move will substantially reduce rental costs;\n  (f) Furniture or clothing which may be necessary in order to enable\nsuch person to move to a private residence from a nursing home, hospital\nor other institution;\n  (g) Household expenses essential to the maintenance of a home, in the\ncase of a person whose supplemental security income benefit has been\nreduced because he has been placed in a medical facility. Within\nforty-five days following placement in such a facility, the social\nservices official shall determine whether, and payments under this\nsubdivision shall not continue unless, such person is expected to remain\nin such a facility for less than one hundred eighty days following the\nreduction in such benefits;\n  (h) Repair or replacement of essential household heating, cooking,\nrefrigeration, water supply, personal safety equipment, plumbing and\nsanitary equipment;\n  (i) Security against nonpayment of rent or for damages, as a condition\nto renting a housing accommodation, as provided in section one hundred\nforty-three-c of this chapter;\n  (j) Broker's fees necessary to securing shelter;\n  (k) Essential storage of furniture and personal belongings during such\ncircumstances as relocation, eviction or temporary shelter and for so\nlong as the circumstances necessitating the storage continue to exist\nand provided that eligibility for emergency assistance continues;\n  (l) Household expenses (including rent, fuel for heating, gas and\nelectric utilities) incurred during the four month period prior to the\nmonth in which such person initially applied for supplemental security\nincome benefits or additional state payments, when payment of such\nhousehold expenses is necessary to prevent eviction or a utility\nshut-off or to restore such utility services, and, in the judgment of a\nsocial services official, other housing accommodations appropriate for\nsuch person's best interests are not available in a particular area.\n  (m) Household expenses (including rent, fuel for heating, gas and\nelectric utilities) incurred during the four month period immediately\nprior to the month in which such person applied for emergency assistance\nfor adults when payment of such household expenses is necessary to\nprevent eviction or a utility shutoff or to restore such utility\nservices and, in the judgment of a social services official, other\nhousing accommodations appropriate for such person's best interests are\nnot available in a particular area. A social services official shall not\ngrant emergency assistance under this paragraph if a person has received\na grant under this paragraph within the preceding twelve months, unless\nthe granting of such assistance is recommended by the social services\nofficial and has been approved by a duly designated official of the\ndepartment. For purposes of this paragraph, a person shall be deemed to\nhave received a grant under this paragraph within the preceding twelve\nmonths if he is residing in a household with another person who has\nreceived a grant under this paragraph within the preceding twelve\nmonths.\n  (n) Replacement of so much of a person's lost, stolen or unreceived\nfederal supplemental security income and/or additional state payments\ncheck or checks up to a maximum of one-half the amount of each such\ncheck, predicated upon the estimated period of time required for the\nreceipt of the original check or replacement check. Such person shall be\nrequired, as a condition of eligibility for such emergency assistance,\nto agree in writing to repay any amount granted as emergency assistance\npursuant to this paragraph and paragraph (o) hereof for which he\nsubsequently receives the original or replacement check of supplemental\nsecurity income payment and/or additional state payments. All such\nincidences of loss, theft or non-receipt shall have been reported to and\nappropriately verified by local officials before such replacement.\n  (o) Assistance by monetary payment or food voucher, as determined by\nthe social services official, in an amount necessary to meet a person's\nnutritional requirements for a period of not more than one week,\npursuant to regulations of the department for applicants for\nsupplemental security income and/or additional state payments or for\nemergency assistance pursuant to paragraph (n) of this subdivision. Such\nassistance shall be provided within twenty-four hours of application\nwhere the applicant demonstrates that he requires such assistance to\navoid hunger and has no cash or personal assets readily reducible to\ncash with which to purchase food.\n  2. The maximum grant available for any emergency need specified in\nsubdivision one above shall be limited to the amount and paid in the\nmanner as specified by regulations of the department.\n
N.Y. EDN Law § 6524 — New York Code / Act EDN / Title 8 / Article 131 / Section 6524
Requirements for a professional license
Status: in_force

§ 6524. Requirements for a professional license. To qualify for a\nlicense as a physician, 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 degree of\ndoctor of medicine, "M.D.", or doctor of osteopathy, "D.O.", or\nequivalent degree in accordance with the commissioner's regulations;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (5) Age: be at least twenty-one years of age; however, the\ncommissioner may waive the age requirement for applicants who have\nattained the age of eighteen and will be in a residency program until\nthe age of twenty-one;\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 physician to practice in an area which has\nbeen designated by the department as medically underserved, except that\nthe board of regents may grant an additional extension not to exceed six\nyears to a noncitizen physician to enable him or her to secure\ncitizenship or permanent resident status, provided such status is being\nactively pursued; and provided further that the board of regents may\ngrant an additional three year waiver, and at its expiration, an\nextension for a period not to exceed six additional years, for the\nholder of an H-1b visa, an O-1 visa, or an equivalent or successor visa\nthereto;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of two hundred sixty dollars to the department for\nadmission to a department conducted examination and for an initial\nlicense, a fee of one hundred seventy-five dollars for each\nreexamination, a fee of one hundred thirty-five dollars for an initial\nlicense for persons not requiring admission to a department conducted\nexamination, a fee of five hundred seventy dollars for any biennial\nregistration period commencing August first, nineteen hundred ninety-six\nand thereafter. The comptroller is hereby authorized and directed to\ndeposit the fee for each biennial registration period into the special\nrevenue funds-other entitled "professional medical conduct account" for\nthe purpose of offsetting any expenditures made pursuant to section two\nhundred thirty of the public health law in relation to the operation of\nthe office of professional medical conduct within the department of\nhealth, provided that for each biennial registration fee paid by the\nlicensee using a credit card, the amount of the administrative fee\nincurred by the department in processing such credit card transaction\nshall be deposited by the comptroller in the office of the professions\naccount established by section ninety-seven-nnn of the state finance\nlaw. The amount of the funds expended as a result of such increase shall\nnot be greater than such fees collected over the registration period.\n  (9) For every license or registration issued after the effective date\nof this subdivision, an additional fee of thirty dollars shall be paid\nand deposited in the special revenue fund entitled "the professional\nmedical conduct account" for the purpose of offsetting any expenditures\nmade pursuant to subdivision fifteen of section two hundred thirty of\nthe public health law. The amount of such funds expended for such\npurpose shall not be greater than such additional fees collected over\nthe licensure period or for the duration of such program if less than\nthe licensure period.\n  (10) A physician shall not be required to pay any fee under this\nsection if he or she certifies to the department that for the period of\nregistration or licensure, he or she shall only practice medicine\nwithout compensation or the expectation or promise of compensation. The\nfollowing shall not be considered compensation for the purposes of this\nsubdivision: (a) nominal payment solely to enable the physician to be\nconsidered an employee of a health care provider, or (b) providing\nliability coverage to the physician relating to the services provided.\n  (11) No physician may be re-registered unless he or she, as part of\nthe re-registration application, includes an attestation made under\npenalty of perjury, in a form prescribed by the commissioner, that he or\nshe has, within the six months prior to submission of the\nre-registration application, updated his or her physician profile in\naccordance with subdivision four of section twenty-nine hundred\nninety-five-a of the public health law.\n
N.Y. EDN Law § 7807 — New York Code / Act EDN / Title 8 / Article 155 / Section 7807
Mandatory continuing education
Status: in_force

§ 7807. Mandatory continuing education. 1. (a) Each massage therapist\nlicensed pursuant to this article required to register triennially with\nthe department to practice in the state shall comply with the provisions\nof the mandatory continuing education requirements prescribed in\nsubdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Massage therapists who do not satisfy the\nmandatory continuing education requirements shall not practice until\nthey have met such requirements, and they have been issued a\nregistration certificate, except that a massage therapist may practice\nwithout having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n  (b) Massage therapists shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed. In accord with the intent of this section,\nadjustments to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed massage therapist not engaged in professional practice,\nas determined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of massage therapy during the triennial registration period\nshall notify the department prior to reentering the profession and shall\nmeet such mandatory education requirements as shall be prescribed by\nregulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as a massage therapist shall complete a minimum of\nthirty-six hours of acceptable formal continuing education, a maximum of\ntwelve hours of which may be self-instructional course work acceptable\nto the department. Any massage therapist whose first registration date\nfollowing the effective date of this section occurs less than three\nyears from such effective date, shall complete continuing education\nhours on a prorated basis at the rate of one hour per month for the\nperiod beginning January first, two thousand twelve up to the first\nregistration date thereafter. A licensee who has not satisfied the\nmandatory continuing education requirements shall not be issued a\ntriennial registration certificate by the department and shall not\npractice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section, or until he\nor she has otherwise met the requirements of this section.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration, may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis chapter.\n  4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" may mean formal programs of learning which\ncontribute to professional practice in massage therapy which are offered\nby sponsors of massage therapy continuing education approved by the\ndepartment in consultation with the state board for massage therapy, to\nfulfill the mandatory continuing education requirement. Sponsors of\nmassage therapy continuing education may include, but are not limited\nto, state or national professional associations established to further\nthe massage therapy profession, and may include any affiliates of\ninternational massage therapy conferences at which professional\ncontinuing education is a major component of such conferences, as well\nas programs registered as licensure-qualifying for the profession of\nmassage therapy by the department. Sponsors of massage therapy shall\nfile an application with the department and pay a fee of nine hundred\ndollars. While presenters of didactic instruction may be provided by\npersons who are not licensed by the state of New York as massage\ntherapists, the practical application of such modalities and techniques\nmust be done by licensed massage therapists, or those otherwise\nauthorized, when this continuing education occurs in the state of New\nYork.\n  5. Massage therapists shall maintain adequate documentation of\ncompletion of acceptable formal continuing education and shall provide\nsuch documentation at the request of the department. Failure to provide\nsuch documentation upon the request of the department shall be an act of\nmisconduct subject to disciplinary proceedings pursuant to section\nsixty-five hundred ten of this chapter.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-one hundred twenty-four of\nthis chapter.\n
N.Y. EDN Law § 6502-A — New York Code / Act EDN / Title 8 / Article 130* / Section 6502-A
Renewal of professional license, certification, or registration
Status: in_force

§ 6502-a. Renewal of professional license, certification, or\nregistration. 1. This section shall apply to healthcare professionals\nlicensed, certified, registered or authorized pursuant to this title\nother than those licensed or registered pursuant to article one hundred\nthirty-one of this title.\n  2. In conjunction with and as a condition of each registration\nrenewal, the professionals described in subdivision one of this section\nshall provide to the department, and the department shall collect, such\ninformation and documentation required by the department, in\nconsultation with the department of health, as is necessary to enable\nthe department of health to evaluate access to needed services in this\nstate, including, but not limited to, the location and type of setting\nin which the professional practices and other relevant information. The\ndepartment of health, in consultation with the department, shall make\nsuch data available in aggregate, de-identified form on a publicly\naccessible website.\n  3. The dates by which the professionals described in subdivision one\nof this section must comply with the requirements of subdivision two of\nthis section shall be determined by the department and may vary by\nprofession, to allow the development and refinement of necessary program\nfeatures and to allow sufficient advanced notice to be provided to\naffected professionals. The provisions of this section shall be\neffective only if and for so long as an appropriation is made for the\npurposes of its implementation.\n
N.Y. VAT Law § 1640-G — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-G
Residential parking system in the village of Tuckahoe in the county of Westchester
Status: in_force

§ 1640-g. Residential parking system in the village of Tuckahoe in the\ncounty of Westchester. 1. Notwithstanding the provisions of any law to\nthe contrary, the village board of the village of Tuckahoe may, by\nadoption of a local law or ordinance, provide for a residential parking\npermit system and fix and require the payment of fees applicable to\nparking within the area in which such parking system is in effect in\naccordance with the provisions of this section.\n  2. Such residential parking permit system may only be established\nwithin that area bounded by the following:\n  (a) the southerly corporate boundary between the village of Tuckahoe\nand the village of Bronxville to Midland Avenue;\n  (b) Midland Avenue to its intersection with Winter Hill Road;\n  (c) Winter Hill Road from its intersection with Midland Avenue to its\nintersection with Main Street;\n  (d) Marbledale Road from its intersection with Main Street to a point\nwhere it intersects with the northerly corporate boundary between the\nvillage of Tuckahoe and the town of Eastchester;\n  (e) the northerly corporate boundary between the village of Tuckahoe\nand the town of Eastchester to the westerly corporate boundary between\nthe village of Tuckahoe and the city of Yonkers; and\n  (f) the westerly corporate boundary between the village of Tuckahoe\nand the city of Yonkers to the southerly corporate boundary between the\nvillage of Tuckahoe and the village of Bronxville.\n  3. Notwithstanding the foregoing, no permit shall be required on those\nportions of such streets where the adjacent properties are zoned for\ncommercial/retail use.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem;\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement;\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect;\n  (d) make not less than twenty percent of the spaces within the permit\narea available to nonresidents, and shall provide short-term parking of\nnot less than one hundred twenty minutes in duration in the permit area;\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe village unless otherwise specified in such local law.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n
N.Y. VAT Law § 1640-R*3 — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-R*3
Residential parking system in the city of Rye
Status: in_force

* § 1640-r. Residential parking system in the city of Rye. 1.\nNotwithstanding the provisions of any law to the contrary, the city\ncouncil of the city of Rye may, by adoption of a local law or ordinance,\nprovide for a residential parking permit system and fix and require the\npayment of fees applicable to parking within the area in which such\nparking system is in effect in accordance with the provisions of this\nsection.\n  2. Such residential parking permit system may only be established\nwithin the city of Rye on Mead Place.\n  3. Notwithstanding the foregoing, no permit shall be required on\nstreets or those portions of such streets where the adjacent properties\nare zoned for commercial/retail use.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem; and\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement; and\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect; and\n  (d) make not less than twenty percent of all spaces within the permit\narea available to non-residents, and shall provide short-term parking of\nnot less than ninety minutes in duration in such area; and\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe city.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  * NB There are 3 § 1640-r's\n
N.Y. EDN Law § 8002 — New York Code / Act EDN / Title 8 / Article 157 / Section 8002
Use of titles
Status: in_force

§ 8002. Use of titles.  Only a person certified  under this article\nshall be authorized to use the title "certified dietitian", "certified\ndietician", or "certified nutritionist".\n
N.Y. EDN Law § 6507 — New York Code / Act EDN / Title 8 / Article 130* / Section 6507
Administration by the education department
Status: in_force

§ 6507. Administration by the education department. 1. The\ncommissioner and the department shall administer the admission to and\nthe practice of the professions.\n  2. In administering, the commissioner may:\n  a. Promulgate regulations, except that no regulations shall be\npromulgated concerning article 131-A of this chapter;\n  b. Conduct investigations;\n  c. Issue subpoenas;\n  d. Grant immunity from prosecution in accordance with section 50.20 of\nthe criminal procedure law to anyone subpoenaed in any investigation or\nhearing conducted pursuant to this title; and\n  e. Excuse, for cause acceptable to the commissioner, the failure to\nregister with the department. Such excuse shall validate and authorize\nsuch practitioner's right to practice pending registration.\n  3. The department assisted by the board for each profession, shall:\n  a. Establish standards for preprofessional and professional education,\nexperience and licensing examinations as required to implement the\narticle for each profession. Notwithstanding any other provision of law,\nthe commissioner shall establish standards requiring that all persons\napplying, on or after January first, nineteen hundred ninety-one,\ninitially, or for the renewal of, a license, registration or limited\npermit to be a physician, chiropractor, dentist, registered nurse,\npodiatrist, optometrist, psychiatrist, psychologist, licensed master\nsocial worker, licensed clinical social worker, licensed creative arts\ntherapist, licensed marriage and family therapist, licensed mental\nhealth counselor, licensed psychoanalyst, dental hygienist, licensed\nbehavior analyst, certified behavior analyst assistant, or athletic\ntrainer shall, in addition to all the other licensure, certification or\npermit requirements, have completed two hours of coursework or training\nregarding the identification and reporting of child abuse and\nmaltreatment. The coursework or training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such coursework or training. The coursework or training shall\ninclude information regarding the physical and behavioral indicators of\nchild abuse and maltreatment and the statutory reporting requirements\nset out in sections four hundred thirteen through four hundred twenty of\nthe social services law, including but not limited to, when and how a\nreport must be made, what other actions the reporter is mandated or\nauthorized to take, the legal protections afforded reporters, and the\nconsequences for failing to report. Such coursework or training may also\ninclude information regarding the physical and behavioral indicators of\nthe abuse of individuals with developmental disabilities and voluntary\nreporting of abused or neglected adults to the office for people with\ndevelopmental disabilities or the local adult protective services unit.\nEach applicant shall provide the department with documentation showing\nthat he or she has completed the required training. The department shall\nprovide an exemption from the child abuse and maltreatment training\nrequirements to any applicant who requests such an exemption and who\nshows, to the department's satisfaction, that there would be no need\nbecause of the nature of his or her practice for him or her to complete\nsuch training;\n  b. Review qualifications in connection with licensing requirements;\nand\n  c. Provide for licensing examinations and reexaminations.\n  4. The department shall:\n  a. Register or approve educational programs designed for the purpose\nof providing professional preparation which meet standards established\nby the department.\n  b. Issue licenses, registrations, and limited permits to qualified\napplicants;\n  c. (i) Issue a certificate of authority to a qualified professional\nservice corporation being organized under section fifteen hundred three\nof the business corporation law or to a university faculty practice\ncorporation being organized under section fourteen hundred twelve of the\nnot-for-profit corporation law on payment of a fee of ninety dollars,\n(ii) require such corporations to file a certified copy of each\ncertificate of incorporation and amendment thereto within thirty days\nafter the filing of such certificate or amendment on payment of a fee of\ntwenty dollars, (iii) require such corporations to file a triennial\nstatement required by section fifteen hundred fourteen of the business\ncorporation law on payment of a fee of one hundred five dollars.\n  d. Revoke limited permits on the recommendation of the committee on\nprofessional conduct for the profession concerned, except for limited\npermits issued to physicians, physician's assistants and specialist's\nassistants which shall be subject to sections two hundred thirty, two\nhundred thirty-a, two hundred thirty-b and two hundred thirty-c of the\npublic health law;\n  e. Maintain public records of licenses issued and retain in its files\nidentifying data concerning each person to whom a license has been\nissued;\n  e-1. Compile and make available to the New York city department of\nbuildings in electronic form: (i) a list of all architects and\nprofessional engineers currently licensed by and registered with the\ndepartment; (ii) a list of all architects and professional engineers who\ncurrently hold limited permits issued by the department, together with\nthe conditions and limitations applicable to each such limited permit;\nand (iii) a list of all architects and professional engineers whose\nlicenses have been revoked or suspended by the board of regents of the\nstate of New York or who are currently on probation, together with the\ndate of revocation or the date and duration of suspension or probation,\nas applicable. The New York city department of buildings shall not\naccept plans or other documents submitted in connection with\napplications for work permits under articles ten through seventeen of\nsubchapter one of chapter one of title twenty-seven of the\nadministrative code of the city of New York by any person representing\nthat he or she is an architect or professional engineer without\nverifying, by means of such lists, that such person meets the\nqualifications established by law to practice as an architect or\nprofessional engineer in New York state.\n  f. Collect the fees prescribed by this title or otherwise provided by\nlaw;\n  g. Prepare an annual report for the legislature, the governor and\nother executive offices, the state boards for the professions,\nprofessional societies, consumer agencies and other interested persons.\nSuch report shall include but not be limited to a description and\nanalysis of the administrative procedures and operations of the\ndepartment based upon a statistical summary relating to (i) new\nlicensure, (ii) discipline, (iii) complaint, investigation, and hearing\nbacklog, (iv) budget, and (v) the state boards for the professions.\nInformation provided shall be enumerated by profession; and\n  h. Establish an administrative unit which shall be responsible for the\ninvestigation, prosecution and determination of alleged violations of\nprofessional conduct.\n  5. Where an application is submitted for licensure or a limited permit\nin any profession regulated by this title and the commissioner\ndetermines that while engaged in practice in another jurisdiction: (i)\nthe applicant has been subject to disciplinary action by a duly\nauthorized professional disciplinary agency of such other jurisdiction,\nwhere the conduct upon which the disciplinary action was based would, if\ncommitted in New York state, constitute practicing the profession beyond\nits authorized scope, with gross incompetence, with gross negligence on\na particular occasion, or with negligence or incompetence on more than\none occasion under the laws of New York state, or (ii) the applicant has\nvoluntarily or otherwise surrendered his or her professional license in\nanother jurisdiction after a disciplinary action was instituted by a\nduly authorized professional disciplinary agency of such other\njurisdiction based on conduct that would, if committed in New York\nstate, constitute practicing the profession beyond its authorized scope,\nwith gross incompetence, with gross negligence on a particular occasion,\nor with negligence or incompetence on more than one occasion under the\nlaws of New York state, the department shall evaluate the conduct and\nthe commissioner may deny licensure or issuance of a limited permit to\nthe applicant based on such conduct.\n  6. The commissioner and the department shall perform any other\nfunctions necessary to implement this title.\n
N.Y. EDN Law § 8210 — New York Code / Act EDN / Title 8 / Article 160 / Section 8210
Introduction
Status: in_force

§ 8210. Introduction.  This article applies to the profession of\nacupuncture. The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. EDN Law § 6816-A — New York Code / Act EDN / Title 8 / Article 137 / Section 6816-A
When substitution is required
Status: in_force

§ 6816-a. When substitution is required. 1. A pharmacist shall\nsubstitute a less expensive drug product containing the same active\ningredients, dosage form and strength as the drug product prescribed,\nordered or demanded, provided that the following conditions are met:\n  (a) The prescription is written on a form which meets the requirements\nof subdivision six of section sixty-eight hundred ten of this article\nand the prescriber does not prohibit substitution, or in the case of\noral prescriptions, the prescriber must expressly state whether\nsubstitution is to be permitted or prohibited. Any oral prescription\nthat does not include such an express statement shall not be filled; and\n  (b) The substituted drug product is contained in the list of drug\nproducts established pursuant to paragraph (o) of subdivision one of\nsection two hundred six of the public health law; and\n  (c) The pharmacist shall indicate on the label affixed to the\nimmediate container in which the drug is sold or dispensed the name and\nstrength of the drug product and its manufacturer unless the prescriber\nspecifically states otherwise. The pharmacist shall record on the\nprescription form the brand name or the name of the manufacturer of the\ndrug product dispensed.\n  2. In the event a patient chooses to have a prescription filled by an\nout of state dispenser, the laws of that state shall prevail.\n  3. A pharmacist shall substitute a less expensive biological product\nfor a prescribed biological product provided that all of the following\nconditions are met:\n  (a) the substituted biological product is either an interchangeable\nbiological product for the prescribed product or the substituted\nbiological product is one for which the prescribed product is an\ninterchangeable biological product;\n  (b) the prescriber does not designate that a substitution is\nprohibited as described in subdivision six of section sixty-eight\nhundred ten of this article; and\n  (c) the pharmacist indicates on the label affixed to the immediate\ncontainer in which the biological product is sold or distributed the\nname and strength of the product and its manufacturer unless the\nprescriber specifically states otherwise.\n  4. (a) Within five business days following the dispensing of a\nsubstituted biological product, the dispensing pharmacist or the\npharmacist's designee shall communicate to the prescriber the specific\nproduct provided to the patient, including the name of the product and\nthe manufacturer. The communication shall be conveyed to the prescriber\n(i) by making an entry that is electronically accessible to the\nprescriber through an interoperable electronic medical records system,\nan electronic prescribing technology or a pharmacy record; or (ii) by\nusing facsimile, electronic transmission or other electronic means. If\nan electronic means described in this paragraph is not available to the\npharmacist at the time of communication, the dispensing pharmacist or\nthe pharmacist's designee may communicate the information by telephone.\n  (b) Communication under paragraph (a) of this subdivision shall not be\nrequired where:\n  (i) there is no FDA-approved interchangeable biological product for\nthe product prescribed; or\n  (ii) a refill prescription is not changed from the product dispensed\non the prior filling of the prescription.\n  5. The department shall maintain a link on its web site to the current\nlist of all biological products determined by the Federal Food and Drug\nAdministration to be an interchangeable biological product for a\nspecific biological product.\n
N.Y. PBA Law § 1199-DD — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-DD
Wayne county water and sewer authority
Status: in_force

* § 1199-dd. Wayne county water and sewer authority. 1. A public\ncorporation known as the "Wayne county water and sewer authority" is\nhereby created for the public purposes and charged with the duties and\nhaving the powers provided in this title. The authority shall be a\ncorporate governmental agency constituting a public benefit corporation\nand shall be a "public district" for the purposes of section\neighty-nine-l of the public service law. The authority shall be governed\nby a board consisting of nine members, who shall be residents of the\ncounty and be appointed by the chairman of the board of supervisors and\nconfirmed by the board of supervisors. The first members appointed shall\nbe appointed for the following terms: three for a term ending on\nDecember thirty-first of the year following the year in which this title\nshall have become law; three for a term ending on December thirty-first\nof the second year following the year in which this title shall have\nbecome law; and three for a term ending on December thirty-first of the\nthird year following the year in which this title shall have become law.\nSubsequent appointment of members shall be made in the same manner and\nfor terms of three years ending in each case on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and have qualified. Vacancies shall\nbe filled in the manner provided for original appointment. Vacancies\noccurring otherwise than by expiration of terms of office, shall be\nfilled by appointment for the unexpired terms. Members may be removed\nfrom office for the same reasons and in the same manner as may be\nprovided by law for the removal of officers of the county. In addition,\nmembers may be removed from office by the board of supervisors for\ninefficiency, neglect of duty or misconduct in office, after the board\nof supervisors has given such member a copy of the charges against him\nor opportunity to be heard in person or by counsel in his defense, upon\nnot less than ten days notice. If a member fails to attend three\nconsecutive regular meetings of the authority, unless such absence is\nfor good cause and is excused by the chairperson of the authority or\nother presiding officer, or in the case of the chairperson of the\nauthority, by the chairman of the board of supervisors, the office may\nbe deemed vacant for purposes of the nomination and appointment of a\nsuccessor. The members and officers of the authority shall receive from\nthe authority such salary, if any, as shall be determined from time to\ntime by the board of supervisors. In addition, members and officers\nshall be entitled to reimbursement of their actual and necessary\nexpenses, including travel expenses, incurred in the discharge of their\nduties.\n  2. The powers of the authority shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof five members is present. No action shall be taken by the authority\nexcept pursuant to the favorable vote of at least five members. The\nboard may delegate to one or more of its members, or to one or more of\nthe officers, agents or employees of the authority, such powers and\nduties as it may deem proper.\n  3. The officers of the authority shall consist of a chairperson, vice\nchairperson, and treasurer who shall be members of the board and a\nsecretary who need not be a member of the board. The officers of the\nauthority shall be appointed by the board and shall serve in such\ncapacities at the pleasure of the board. In addition, the board may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the authority, which positions shall be in the exempt class of the\ncivil service, and fix and determine the qualifications, duties and\ncompensation of such additional officers and employees, subject to the\nprovisions of the civil service law of the state and such rules as the\ncivil service commission may adopt and make applicable to the authority.\nThe authority may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his or her office, the\namount and sufficiency of which shall be approved by the board, and the\npremium therefor shall be paid by the authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment, and one or more members of the board\nof supervisors may be appointed to serve as a member of the authority.\n  5. (a) The chairman of the board of supervisors shall file within one\nyear after the effective date of this title, in the office of the\nsecretary of state, a certificate signed by the chairman of the board of\nsupervisors setting forth: (i) the name of the authority; (ii) the names\nof the initial members of the board and their terms of office; and (iii)\nthe effective date of this title. If such certificate is not filed with\nthe secretary of state on or before such date, then the corporate\nexistence of the authority shall thereupon terminate and it shall\nthereupon be deemed to be and shall be dissolved.\n  (b) The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the county.\n  6. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations of any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county and the state, for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  * NB There are 2 § 1199-dd's\n
N.Y. EDN Law § 8213 — New York Code / Act EDN / Title 8 / Article 160 / Section 8213
State board for acupuncture
Status: in_force

§ 8213. State board for acupuncture.  (1) There is hereby established\nwithin the department a state board for acupuncture. The board shall\nconsist of not less than eleven members to be appointed by the board of\nregents on the recommendation of the commissioner for the purpose of\nassisting the board of regents and the department on matters of\nprofessional licensing and professional conduct in accordance with\nsection sixty-five hundred eight of this chapter, four of whom shall be\nlicensed acupuncturists, four of whom shall be licensed physicians\ncertified to use acupuncture and three of whom shall be public members\nrepresenting the consumer and community. Of the acupuncturists first\nappointed to the board, one may be a registered specialist's\nassistant-acupuncture provided that the term of such registered\nspecialist's assistant-acupuncture shall not be more than four years. Of\nthe members first appointed, three shall be appointed for a one year\nterm, three shall be appointed for a two year term and three shall be\nappointed for a three year term, and two shall be appointed for a four\nyear term. Thereafter all members shall serve for five year terms. In\nthe event that more than eleven members are appointed, a majority of the\nadditional members shall be licensed acupuncturists. The members of the\nboard shall select one of themselves as chairman to serve for a one year\nterm.\n  (2) An executive secretary to the board shall be appointed by the\nboard of regents on recommendation of the commissioner.\n  (3) The board of regents and the commissioner shall promulgate such\nrules and regulations as they deem necessary and appropriate to\neffectuate the provisions of this article.\n
N.Y. PBA Law § 1199-LLLL — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-LLLL
Bonds legal investments for fiduciaries
Status: in_force

* § 1199-llll. Bonds legal investments for fiduciaries. The bonds of\nthe authority are hereby made securities in which all public officials\nand bodies of the state and all municipalities, all insurance companies\nand associations and other persons carrying on an insurance business,\nall banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, investment\ncompanies and other persons carrying on a banking business, and\nadministrators, guardians, executors, trustees and other fiduciaries and\nall other persons whatsoever, who are now or may hereafter be authorized\nto invest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. The bonds are also hereby made securities which may be deposited\nwith and may be received by all public officers and bodies of the state\nand all municipalities for any purposes for which the deposit of bonds\nor other obligations of the state is now or hereafter may be authorized.\n  * NB There are 2 § 1199-llll's\n
N.Y. PBH Law § 2183 — New York Code / Act PBH / Article 21 / Title 8 / Section 2183
Immunity passports
Status: in_force

§ 2183. Immunity passports. 1. Any covered entity that requires proof\nof COVID-19 immunization shall permit the use of physical immunity\npassports. No covered entity may require digital, electronic, or\nsmartphone-based proof of immunity. Notwithstanding this section, anyone\nrequiring an immunization passport shall accept a valid COVID-19\nVaccination Record Card allocated to COVID-19 vaccine providers by the\nCenters for Disease Control and Prevention for that purpose. The\nprovisions of this section shall apply to valid COVID-19 Vaccination\nRecord Cards allocated to COVID-19 vaccine providers by the Centers for\nDisease Control and Prevention.\n  2. Nothing in this section requires a covered entity to require proof\nof COVID-19 immunity or to independently verify the information\ncontained in an immunity passport.\n  3. Nothing in this section shall be construed to limit a covered\nentity's obligations under the Americans with Disabilities Act, article\nfifteen of the executive law, the civil rights law, or any other\nfederal, state, or local anti-discrimination law.\n  4. Nothing in this section shall be construed to affect the practices\nof a health care provider, as defined in section eighteen of this\nchapter, a hospital or nursing home as defined in article twenty-eight\nof this chapter, a health practitioner as defined in section twenty-one\nhundred sixty-four of this chapter, a facility, as defined in section\n33.13 of the mental hygiene law, or a correctional health service\ngoverned by the department of corrections and community supervision, the\nrules of the board of correction in the city of New York, or a county\nboard of correction, with respect to records concerning their patients'\nvaccinations.\n
N.Y. PBA Law § 1199-V — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-V
Authority, water board and city to take affirmative action
Status: in_force

§ 1199-v. Authority, water board and city to take affirmative action.\n1. Each contracting agency which awards contracts for design,\nconstruction, services or materials for water projects authorized by\nthis title shall require that such contracts and documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n  (a) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue programs of affirmative action to insure that minority group\npersons and women are afforded equal employment opportunity without\ndiscrimination. Such action shall be taken with reference, but not be\nlimited to recruitment, employment, job assignment, promotion,\nupgrading, demotion, transfer, layoff, termination, rates of pay or\nother forms of compensation, and selections for training or retraining,\nincluding apprenticeship and on-the-job training.\n  (b) At the request of the contracting agency, the contractor shall\nrequest each employment agency, labor union, or authorized\nrepresentative of workers with which he has a collective bargaining or\nother agreement or understanding, to furnish a written statement that\nsuch employment agency, labor union or representative shall not\ndiscriminate because of race, creed, color, national origin, sex, age,\ndisability or marital status and that such union or representative will\ncooperate in the implementation of the contractor's obligations\nhereunder.\n  (c) The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor, in performance\nof the contract that all qualified applicants will be afforded equal\nemployment opportunity without discrimination because of race, creed,\ncolor, national origin, sex, age, disability or marital status.\n  (d) The contractor will include the provisions of paragraphs (a)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its working connection with a contract.\n  2. Each contracting agency shall establish procedures and guidelines\nto ensure that contractors and subcontractors undertake programs of\naffirmative action as required by this section. Such procedures may\nrequire, after notice in a bid solicitation, the submission of an\naffirmative action program prior to the award of any contract, or at any\ntime thereafter, and may require the submission of compliance reports\nrelating to the operation and implementation of any affirmative action\nprogram adopted hereunder. Such procedures and guidelines shall be\nconsistent with the guidelines promulgated by the office of federal\ncontract compliance programs of the United States department of labor\npursuant to presidential executive order eleven thousand two hundred\nforty-six, as amended, and any state statutory or regulatory\nrequirements. A contracting agency shall, in the promulgation of\nprocedures and guidelines pursuant to this section, cooperate with any\nfederal, state or local agency established for the purpose of\nimplementing affirmative action compliance programs.\n  3. Any contracting agency empowered to award contracts for design,\nconstruction, services or materials shall seek meaningful participation\nin the performance of contracts by minority business enterprises and\nshall establish measures and procedures to identify those contracts and\nitems of work for which minority business enterprises may best bid to\nactively and affirmatively promote and assist their participation so as\nto facilitate the award of a fair share of contracts to such\nenterprises. For purposes hereof, "minority business enterprise" shall\nmean any business enterprise which is at least fifty-one per centum\nowned by, or in the case of a publicly owned business, at least\nfifty-one per centum of the stock of which is owned by citizens or\npermanent resident noncitizens who are Black, Hispanic, Asian, American\nIndian or women, and such ownership interest is real, substantial and\ncontinuing. The provisions of this subdivision shall not be construed to\nlimit the ability of any minority business enterprise to bid on any\ncontract.\n  4. In the implementation of subdivisions two and three of this\nsection, the contracting agency shall consider compliance by any\ncontractor with the requirements of any federal, state or local law\nconcerning minority business enterprises or equal employment\nopportunity, which may effectuate the requirements of this section. If\nthe contracting agency determines that by virtue of the imposition of\nthe requirements of any such law, in respect to contracts affected by\nthis section, that the provisions thereof duplicate or conflict with\nsuch law, the contracting agency shall waive the applicability of this\nsection to the extent of such duplication or conflict.\n  5. In order to implement the requirements and objectives of this\nsection, contracting agencies shall be responsible for monitoring the\ncontractors' compliance with the provisions hereof, for advising\ncontractors on the availability of competing qualified minority business\nenterprises to perform contracts proposed to be awarded and for making\nrecommendations to contractors to improve the access of minority\nbusiness enterprises to such contracts.\n
N.Y. PBA Law § 1177 — New York Code / Act PBA / Article 5 / Title 8 / Section 1177
Buffalo Sewer Authority
Status: in_force

§ 1177. Buffalo Sewer Authority. 1. A board, to be known as "Buffalo\nSewer Authority," is hereby created. Such board shall be a body\ncorporate and politic constituting a public benefit corporation. Such\nboard shall consist of five members, each of whom shall be a resident of\nthe city of Buffalo and who shall be appointed by the mayor of the city.\nOne shall be designated by him to serve until July first, nineteen\nhundred thirty-six, two shall be designated by him to serve until July\nfirst, nineteen hundred thirty-seven, and two shall be designated by him\nto serve until July first, nineteen hundred thirty-eight. Upon the\nexpiration of the term of each member, a successor shall be appointed by\nthe mayor for a term expiring three years after the expiration of the\nterm of his predecessor. The mayor may remove any member of the board\nafter giving to such member a copy of the charges against him and an\nopportunity to be heard in his defense. If a vacancy shall occur by\nreason of the death, disqualification, resignation or removal of a\nmember, his successor shall be appointed by the mayor for the unexpired\nterm. Every appointment to the board shall be subject to confirmation by\nthe common council of the city. The powers of the board shall be vested\nin and exercised by a majority of the members thereof then in office.\nSuch board and its corporate existence shall continue only for a period\nof five years and thereafter until all its liabilities have been met and\nits bonds have been paid in full or such liabilities or bonds have\notherwise been discharged. Upon its ceasing to exist all its rights and\nproperties shall pass to the city of Buffalo. The members of the board\nshall be compensated at the rate of twenty-five hundred dollars per\nannum each for a full year's service and the chairman of the board shall\nbe compensated at the rate of thirty-five hundred dollars per annum for\na full year's service, and in addition thereto, they shall be entitled\nto reimbursement of their actual and necessary expenses incurred in the\nperformance of their official duties. At the first meeting of the board\nand at the first meeting thereof in each fiscal year thereafter the\nmembers of the board shall choose from their number a chairman, a\nvice-chairman and a secretary. The board may appoint agents and\nemployees with such powers and duties as it may determine and shall fix\ntheir compensation and pay the same out of funds of the authority.\nExcept as otherwise provided herein or by the board, the corporation\ncounsel of the city shall be the attorney for the authority and shall\nprosecute and defend all actions and proceedings brought by or against\nthe authority and shall institute and conduct all legal proceedings by\nthe authority in the exercise of its powers of eminent domain. The\nauthority may also use the agents, employees, records and equipment of\nthe city with the consent of the city.\n  2. The purpose of this title, among other things, is to provide for\nthe jurisdiction, control, possession, supervision and use of the\nfacilities; authorization to make rules and regulations in furtherance\nof this title; the enforcement of this title, the rules, regulations,\npermits and orders of the authority in connection with the direct or\nindirect use of the facilities by persons within the city and the county\nof Erie and any other persons from whom the authority accepts, treats\nand disposes of sewage, industrial waste, and other waste, from whatever\nsource derived; and to enable the authority to comply with all\napplicable laws of the United States and the state of New York, and the\nrules, regulations, permits and orders of their regulatory agencies.\n  3. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people served by the facilities and the state, for\nthe improvement of their health, welfare and prosperity and that the\nsaid purposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon by this title.\n
N.Y. EDN Law § 8302 — New York Code / Act EDN / Title 8 / Article 161 / Section 8302
Signature of a certified interior designer
Status: in_force

§ 8302. Signature of a certified interior designer.  All original\nfinal interior design documents, plans and specifications, prepared by a\ncertified interior designer or by a full-time or part-time subordinate\nemployed under his or her supervision, shall be manually  signed by the\ncertified interior designer.\n
N.Y. PBA Law § 1570-S — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-S
Equal employment opportunity
Status: in_force

§ 1570-s. Equal employment opportunity. The authority shall ensure\nthat all employees or applicants for employment are afforded equal\nemployment opportunity without discrimination.\n
N.Y. EDN Law § 7209 — New York Code / Act EDN / Title 8 / Article 145 / Section 7209
Special provisions
Status: in_force

§ 7209. Special provisions.  1. Every professional engineer, land\nsurveyor and professional geologist shall have a seal, approved by the\nboard, which shall contain the name of the professional engineer and the\nwords "Licensed Professional Engineer", the name of the land surveyor\nand the words "Licensed Land Surveyor" or the name of the professional\ngeologist and the words "Licensed Professional Geologist", and such\nother words or figures as the board may deem necessary. All plans,\nspecifications, plats and reports relating to the construction or\nalteration of buildings or structures, or geologic drawings and reports\nprepared by such professional engineer, all plans, specifications, plats\nand reports prepared by such land surveyor and all geologic drawings and\nreports prepared by such professional geologist or by a full-time or\npart-time subordinate under his or her supervision, shall be stamped\nwith such seal and shall also be signed, on the original with the\npersonal signature of such professional engineer, land surveyor or\nprofessional geologist when filed with public officials. No official of\nthis state, or of any city, county, town or village therein, charged\nwith the enforcement of laws, ordinances or regulations shall accept or\napprove any plans, specifications, or geologic drawings or reports that\nare not stamped:\n  a. With the seal of an architect or professional engineer or land\nsurveyor or professional geologist licensed in this state and bearing\nthe authorized facsimile of the signature of such architect or\nprofessional engineer or land surveyor or professional geologist, or\n  b. With the official seal and authorized facsimile of the signature of\na professional engineer or land surveyor or professional geologist not a\nresident of this state and having no established business in this state,\nbut who is legally qualified to practice as such in his or her own state\nor country, provided that such person may lawfully practice as such in\nthis state, and provided further that the plans, specifications, or\ngeologic drawings or reports are accompanied by and have attached\nthereto written authorization issued by the department certifying to\nsuch right to practice at such time.\n  2. a. To all plans, specifications, plats and reports to which the\nseal of a professional engineer or land surveyor has been applied, there\nshall also be applied a stamp with appropriate wording warning that it\nis a violation of this article for any person, unless he or she is\nacting under the direction of a licensed professional engineer or land\nsurveyor, to alter an item in any way. If an item bearing the seal of an\nengineer or land surveyor is altered, the altering engineer or land\nsurveyor shall affix to the item his or her seal and the notation\n"altered by" followed by his or her signature and the date of such\nalteration, and a specific description of the alteration.\n  b. To all geologic drawings and reports to which the seal of a\nprofessional geologist or professional engineer has been applied, there\nshall also be applied a stamp with appropriate wording warning that it\nis a violation of this article for any person, unless he or she is\nacting under the direction of a professional geologist or professional\nengineer, to alter a drawing or report in any way. If an item bearing\nthe seal of a licensed professional geologist or professional engineer\nis altered, the altering party shall affix to the item his or her seal\nand the notation "altered by" followed by his or her signature and the\ndate of such alteration, and a specific description of the alteration.\nNothing contained in this article shall be deemed to authorize a\nprofessional geologist to practice professional engineering unless he or\nshe is licensed as a professional engineer pursuant to this article.\n  3. No county, city, town or village or other political subdivision of\nthis state shall engage in the construction or maintenance of any public\nwork involving engineering or land surveying for which plans,\nspecifications and estimates have not been made by, and the construction\nand maintenance supervised by, a professional engineer or land surveyor;\nprovided that this section shall not apply to the construction,\nimprovement or maintenance of county roads or town highways, nor to any\nother public works wherein the contemplated expenditure for the\ncompleted project does not exceed five thousand dollars. This section\nshall not be construed as affecting or preventing any county, city, town\nor village or other political subdivision of this state from engaging an\narchitect licensed in this state for the preparation of plans,\nspecifications and estimates for and the supervision of construction or\nmaintenance of public works.\n  4. Engineers, land surveyors, geologists, architects, and landscape\narchitects may join in the formation of a joint enterprise, or a\npartnership or a professional service corporation or a design\nprofessional service corporation or may form any desired combination of\nsuch professions and may use in the name of such corporation the title\nof any of the professions which will be practiced. After the name of\neach member his or her profession shall be indicated.\n  5. A firm name may be continued by employees having at least fifteen\nyears of continuous service if the retired members and legal\nrepresentatives of deceased members consent to such continuance.\n  6. It shall be lawful for a corporation organized and existing under\nthe laws of the state of New York which on the fifteenth day of April,\nnineteen hundred thirty-five and continuously thereafter, was lawfully\npracticing engineering or land surveying in New York state, to continue\nsuch practice provided that the chief executive officer shall be a\nprofessional engineer licensed under this article, if practicing\nengineering, or a land surveyor licensed under this article, if\npracticing land surveying, and provided further that the person or\npersons carrying on the actual practice of engineering or surveying on\nbehalf of, or designated as "engineer" or "surveyor", with or without\nqualifying or characterizing word, by such corporation shall be\nauthorized to practice engineering or land surveying as provided in this\narticle. It shall be lawful for a corporation which, on account of or as\na result of requirements, restrictions or provisions of federal law, was\norganized subsequent to April fifteenth, nineteen hundred thirty-five\nfor the purpose of taking over an existing engineering organization\nestablished prior to such time and which has taken over such\norganization and continued its engineering activities, provided that the\nchief executive officer of such corporation shall be a professional\nengineer licensed under this article and provided further, that the\nperson or persons carrying on the actual practice of engineering on\nbehalf of, or designated as "engineer", with or without qualifying or\ncharacterizing word, by such corporation, shall be authorized to\npractice engineering as provided in this article. No such corporation\nshall change its name or sell its franchise or transfer its corporate\nrights, directly or indirectly to any person, firm or corporation\nwithout the consent of the department. Each such corporation shall\nobtain a triennial registration on payment of a fee of fifty dollars.\n  7. Nothing in this article shall be construed to apply:\n  a. To the preparation or execution of designs, drawings, plans or\nspecifications for the construction or installation of machinery, or\napparatus constructed or installed by the corporation preparing such\ndesigns, drawings, plans or specifications if the supervision of the\npreparation of any such designs, drawings, plans or specifications,\nconstruction or installation is done under the general direction of a\nprofessional engineer or land surveyor licensed under this article; or\n  b. To alterations to any building or structure costing ten thousand\ndollars or less which do not involve changes affecting the structural\nsafety or public safety thereof nor to farm buildings, including barns,\nsheds, poultry houses and other buildings used directly and solely for\nagricultural purposes; nor to residence buildings of gross floor area of\nfifteen hundred square feet or less, not including garages, carports,\nporches, cellars, or uninhabitable basements or attics.\n  8. Nothing in this article shall prohibit a corporation organized and\nexisting prior to the fifteenth day of April, nineteen hundred\nthirty-five under the laws of any state other than the state of New\nYork, the name of which includes the word "engineers", from obtaining a\ncertificate of authority to do business in the state of New York,\nprovided that the business proposed to be done by such corporation\nwithin this state, as set forth in the statement and designation\nprovided for by section thirteen hundred four of the business\ncorporation law, shall not include the practice within this state of\nengineering or land surveying.\n  9. a. Any person who knowingly damages, destroys, disturbs, removes,\nresets, or replaces any boundary marker placed on any tract of land by a\nlicensed land surveyor, or by any person at the direction of a licensed\nland surveyor, for the purpose of designating any point, course or line\nin the boundary of such tract of land in which he or she has no legal\ninterest, shall be punished by a civil fine of not more than five\nhundred dollars and shall be liable for the cost of reestablishment of\nsaid boundary marker.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\na licensed land surveyor licensed under section seventy-two hundred\nthree of this article or a person acting at the direction of any such\nlicensed land surveyor, may remove an existing marker if substandard in\nnature in order to place an upgraded marker in the same location and\nshall note the same on the map of survey.\n
N.Y. PBA Law § 1199-KKKK*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-KKKK*2
Bonds legal investments for fiduciaries
Status: in_force

* § 1199-kkkk. Bonds legal investments for fiduciaries. The bonds of\nthe authority are hereby made securities in which all public officials\nand bodies of the state and all municipalities, all insurance companies\nand associations and other persons carrying on an insurance business,\nall banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, investment\ncompanies and other persons carrying on a banking business, and\nadministrators, guardians, executors, trustees and other fiduciaries and\nall other persons whatsoever, who are now or may hereafter be authorized\nto invest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. The bonds are also hereby made securities which may be deposited\nwith and may be received by all public officers and bodies of the state\nall municipalities for any purposes for which the deposit of bonds or\nother obligations of the state is now or hereafter may be authorized.\n  * NB There are 2 § 1199-kkkk's\n
N.Y. EDN Law § 7403 — New York Code / Act EDN / Title 8 / Article 149 / Section 7403
State board for public accountancy
Status: in_force

§ 7403. State board for public accountancy.  A state board for public\naccountancy shall be appointed by the board of regents on recommendation\nof the commissioner for the purpose of assisting the board of regents\nand the department on matters of professional licensing and professional\nconduct in accordance with section sixty-five hundred eight of this\ntitle.  The board shall be composed of not less than twenty licensed\naccountants, not less than fifteen of whom shall be licensed as\ncertified public accountants in this state, and the board should be kept\nin such proportion if it is ever increased.  An executive secretary to\nthe board shall be appointed by the board of regents on recommendation\nof the commissioner and shall be a certified public accountant licensed\nin this state.\n
N.Y. EDN Law § 6529 — New York Code / Act EDN / Title 8 / Article 131 / Section 6529
Power of board of regents regarding certain physicians
Status: in_force

§ 6529. Power of board of regents regarding certain physicians.\nNotwithstanding any provision of law to the contrary, the board of\nregents is authorized, in its discretion, to confer the degree of doctor\nof medicine (M.D.) upon physicians who are licensed pursuant to section\nsixty-five hundred twenty-four or sixty-five hundred twenty-eight of\nthis chapter. Each applicant shall pay a fee of three hundred dollars to\nthe education department for the issuance of such degree.\n
N.Y. PBA Law § 1199-QQ — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-QQ
Construction and purchase contracts
Status: in_force

* § 1199-qq. Construction and purchase contracts. The authority shall\nlet contracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of\nthe authority to do any construction directly by the officers, agents\nand employees of the authority.\n  * NB There are 2 § 1199-qq's\n
N.Y. EDN Law § 7602 — New York Code / Act EDN / Title 8 / Article 153 / Section 7602
State board for psychology
Status: in_force

§ 7602. State board for psychology.  A state board for psychology\nshall be appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents and the\ndepartment on matters of professional licensing and professional conduct\nin accordance with section sixty-five hundred eight of this title.  The\nboard shall be composed of not less than eleven psychologists licensed\nin this state.  An executive secretary to the board shall be appointed\nby the board of regents upon the recommendation of the commissioner and\nshall be a psychologist, licensed in this state.\n
N.Y. PBA Law § 1197-K — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-K
Bonds legal investments for fiduciaries
Status: in_force

§ 1197-k. Bonds legal investments for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state, may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of the state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of the state is now or hereafter may be authorized.\n
N.Y. LFN Law § 101.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 101.00
Giving or loaning of municipal credit and contracting indebtedness other than for municipal purposes prohibited
Status: in_force

§ 101.00 Giving or loaning of municipal credit and contracting\nindebtedness other than for municipal purposes prohibited. a. No\nmunicipality, school district or district corporation shall:\n  1. Give or loan its credit to or in aid of any individual, or public\nor private corporation or association, or private undertaking, or\n  2. Contract indebtedness except for the purposes of such municipality,\nschool district or district corporation.\nNotwithstanding the foregoing provisions of this paragraph:\n  1. If any municipality or any county or town on behalf of an\nimprovement district is authorized by a general law or by a special law\n(a) to provide a supply of water, in excess of its own needs, for sale\nto any other public corporation or improvement district, (b) to provide\nfacilities, in excess of its own needs, for the conveyance, treatment\nand disposal of sewage, from any other public corporation or improvement\ndistrict, or (c) to provide facilities, in excess of its own needs, for\ndrainage purposes from any other public corporation or improvement\ndistrict, the indebtedness contracted by the municipality for such an\nobject or purpose shall be deemed to be for a county, city, town or\nvillage purpose, as the case may be.\n  2. If any two or more municipalities and county and town improvement\ndistricts are authorized by a general law or by a special law (a) to\nprovide for a common supply of water, (b) to provide for the common\nconveyance, treatment and disposal of sewage or (c) to provide for a\ncommon drainage system, the joint indebtedness, or the several\nindebtedness for a specific proportion of the cost, contracted by the\nmunicipality for such an object or purpose shall be deemed to be for a\ncounty, city, town or village purpose, as the case may be.\n  3. If any two or more municipalities and school districts and county\nand town improvement districts are authorized by a general law or by a\nspecial law to join together to provide any municipal facility, service,\nactivity or undertaking which each of such units has the power to\nprovide separately, the joint indebtedness, or the several indebtedness\nfor a specific proportion of the cost, contracted by the municipality or\nschool district for such an object or purpose shall be deemed to be for\ncounty, city, town, village or school district purpose, as the case may\nbe.\n  b. This section shall not be deemed to prevent:\n  1. A county from contracting indebtedness for the following purposes:\n  (a) Advancing to a city, town or school district, pursuant to law, the\namount of unpaid taxes.\n  (b) Financing tax refunds required to be made by section seven hundred\ntwenty-six of the real property tax law.\n  (c) Paying to the state the state tax levied against such county.\n  2. A town from contracting indebtedness for the following purposes:\n  (a) Advancing to a county or school district, pursuant to law, the\namount of unpaid taxes.\n  (b) Paying to a county such town's share of the state tax levied\nagainst such county if such town is required by law to levy and collect\nsuch tax.\n  3. A city from contracting indebtedness for the following purposes:\n  (a) Advancing to a county or school district, pursuant to law, the\namount of unpaid taxes.\n  (b) Paying to a county such city's share of the state tax levied\nagainst such county if such city is required by law to levy and collect\nsuch tax.\n  4. A municipality from making such provision for the aid, care and\nsupport of the needy, including the aid, care and support of neglected\nand dependent children and of the needy sick, as may be authorized by\nlaw.\n  5. A county, city or town from providing, pursuant to law, for the\ncare, support, maintenance and secular education of inmates of orphan\nasylums, homes for dependent children or incarcerated individuals in\ncorrectional institutions and of children placed in family homes by\nauthorized agencies, whether under public or private control.\n  6. A municipality or school district, when authorized by law, from\nusing its credit for\n  (a) The examination or inspection of any school or institution of\nlearning wholly or in part under the control or direction of any\nreligious denomination, or in which any denominational tenet or doctrine\nis taught, or\n  (b) The transportation of children to and from any school or\ninstitution of learning.\n  7. A city, town or village from giving or loaning its credit when\nauthorized to do so by the legislature pursuant to the provisions of\narticle eighteen of the state constitution.\n  8. A county, city or town from increasing, pursuant to law, pension\nbenefits payable to retired members of a police department or fire\ndepartment or to widows, dependent children or dependent parents of\nmembers or retired members of a police department or fire department.\n  9. A municipality, school district or district corporation from\nincreasing, pursuant to law, the amount of pension of any member of a\nretirement system of the state, or of a subdivision of the state.\n  10. A municipality, school district or district corporation from\nproviding, pursuant to law, for the protection by insurance or otherwise\nagainst the hazards of unemployment, sickness and old age.\n  11. A municipality or school district from providing, pursuant to law,\nfor the education and support of the blind, the deaf, the mute, the\nphysically handicapped and juvenile delinquents or for health and\nwelfare services for all children.\n  12. A city, town or village from expending or loaning its money,\nproperty or credit as consideration for the effectuation of all or part\nof the public purpose provided for in sections eleven-a and thirty-six-a\nof the private housing finance law.\n  13. A municipality from making loans of money or credit to or in aid\nof any eligible corporation or association for the purpose of providing\nhospital or other facilities for the prevention, diagnosis or treatment\nof human disease, pain, injury, disability, deformity or physical\ncondition, and for facilities incidental or appurtenant thereto, as may\nbe authorized by law pursuant to section seven of article seventeen of\nthe state constitution.\n
N.Y. EDN Law § 8359 — New York Code / Act EDN / Title 8 / Article 162 / Section 8359
Special provisions
Status: in_force

§ 8359. Special provisions. Any person who is certified as an athletic\ntrainer on the effective date of this article shall be licensed as an\nathletic trainer without meeting any additional requirements.\n
N.Y. PBA Law § 1196-H — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-H
State and municipalities not liable on authority bonds
Status: in_force

§ 1196-h. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nan authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n
N.Y. LFN Law § 103.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 103.00
Limitation on the power of cities and villages to authorize certain obligations
Status: in_force

§ 103.00 Limitation on the power of cities and villages to authorize\ncertain obligations.  a. If in any city or village, prior to the\neffective date of this chapter, a water board, public utility board or\nother agency, (other than the council, common council, board of\naldermen, board of estimate, board of estimate and apportionment, board\nof estimate and contract, board of trustees of a village, board of\neducation or board of trustees of a school district, or governing board\nof a public authority or district) had the power to authorize the\nissuance of obligations or to request the finance board or similar\nappropriate agency of the city or village to issue obligations for an\nobject or purpose, the finance board of such city or village may\nthereafter authorize the issuance of obligations for such an object or\npurpose only upon the recommendation of such agency.\n
N.Y. PBA Law § 1199-UUUU*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-UUUU*2
Limited liability
Status: in_force

* § 1199-uuuu. Limited liability. Neither the members of the\nauthority, nor any municipality, officer or employee acting in its\nbehalf, while acting within the scope of their authority, shall be\nsubject to any personal liability resulting from the construction,\nmaintenance or operation of any of the properties of the authority or\nfrom carrying out any of the powers expressly given in this title;\nprovided, however, that this section shall not be held to apply to any\nindependent contractor.\n  * NB There are 2 § 1199-uuuu's\n
N.Y. RSS Law § 360-C — New York Code / Act RSS / Article 8 / Title 8 / Section 360-C
Death benefit for vested members who die prior to retirement
Status: in_force

§ 360-c. Death benefit for vested members who die prior to retirement.\na. A death benefit plus the reserve-for-increased-take-home-pay shall be\npayable upon the death of a member who:\n  1. Died before the effective date of retirement while a member of the\nretirement system;\n  2. Had at least ten years of credited service at the time of death;\nand\n  3. Died at a time and in a manner which did not result in the\neligibility of the member's estate or any beneficiary to receive any\nother retirement system death benefits on account of such death.\n  b. Benefits provided under this section shall be payable to the\nmember's estate or the beneficiary or beneficiaries nominated by the\nmember on a designation of beneficiary form filed with the comptroller\npursuant to section sixty of this chapter, who would have been eligible\nto receive benefits if benefits had become payable pursuant to such\nsection.\n  c. The amount of the benefit payable pursuant to this section shall be\nequal to one-half of the amount of the ordinary death benefit which\nwould have been payable pursuant to section sixty of this chapter had\nthe member's death occurred on the last day of service upon which\nmembership was based.\n
N.Y. EDN Law § 7301 — New York Code / Act EDN / Title 8 / Article 147 / Section 7301
The practice of the profession of architecture is defined as rendering or offering to render services which require the application of th...
Status: in_force

§ 7301.  The practice of the profession of architecture is defined as\nrendering or offering to render services which require the application\nof the art, science, and aesthetics of design and construction of\nbuildings, groups of buildings, including their components and\nappurtenances and the spaces around them wherein the safeguarding of\nlife, health, property, and public welfare is concerned.  Such services\ninclude, but are not limited to consultation, evaluation, planning, the\nprovision of preliminary studies, designs, construction documents,\nconstruction management, and the administration of construction\ncontracts.\n
N.Y. EDN Law § 6805 — New York Code / Act EDN / Title 8 / Article 137 / Section 6805
Requirements for a professional license
Status: in_force

§ 6805. Requirements for a professional license. 1. To qualify for a\npharmacist's license, 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 bachelor's or\nequivalent degree in pharmacy, in accordance with the commissioner's\nregulations;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance 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;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of one hundred seventy-five dollars to the\ndepartment for admission to a department conducted examination and for\nan initial license, a fee of eighty-five dollars for each\nre-examination, a fee of one hundred fifteen dollars for an initial\nlicense for persons not requiring admission to a department conducted\nexamination, and a fee of one hundred fifty-five dollars for each\ntriennial registration period.\n  2. On or before April first, nineteen hundred seventy-two, any person\nwho holds a valid license as "druggist" in this state shall make\napplication and on the payment of fees specified in this title be\nlicensed by the department as a pharmacist. Such person shall have all\nof the rights, privileges, duties and responsibilities of a pharmacist.\n
N.Y. EDN Law § 7325 — New York Code / Act EDN / Title 8 / Article 148 / Section 7325
Limited permits
Status: in_force

§ 7325. Limited permits.  1. On recommendation of the board, the\ndepartment may issue a limited permit to practice landscape architecture\nto a landscape architect not a resident of this state and having no\nestablished business in this state who is legally qualified to practice\nas such in his own country or state and who submits evidence\nsatisfactory to the board of established and recognized professional\nstanding in his own country or state and satisfactory certifications as\nto character and qualifications.  Such limited permit shall be issued\nsolely in connection with the specific project for which it is granted.\n  2. Fees. The fee for each limited permit shall be seventy dollars.\n
N.Y. PBA Law § 1570-M — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-M
Tax exemptions and tax contract by the state
Status: in_force

§ 1570-m. Tax exemptions and tax contract by the state. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the state of New York and is a public purpose. Accordingly,\nthe authority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by this title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues or other income\nreceived by the authority.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The authority may pay, or may enter into agreements with the county\nof Westchester or any municipality to pay, a sum or sums annually or\notherwise or to provide other considerations with respect to the real\nproperty owned by the authority located within such county or any such\nmunicipality.\n
N.Y. EDN Law § 6955 — New York Code / Act EDN / Title 8 / Article 140 / Section 6955
Requirements for a professional license
Status: in_force

§ 6955. Requirements for a professional license. To qualify for a\nlicense as a midwife, an applicant shall fulfill the following\nrequirements:\n  1. Application: file an application with the department.\n  2. Education: satisfactorily;\n  (a) complete educational preparation (degree or diploma granting) for\nthe practice of nursing, followed by or concurrently with educational\npreparation for the practice of midwifery in accordance with the\ncommissioner's regulations, or\n  (b) submit evidence of license or certification, the educational\npreparation for which is determined by the department to be equivalent\nto the foregoing, from any state or country, satisfactory to the\ndepartment and in accordance with the commissioner's regulations, or\n  (c) complete a program determined by the department to be equivalent\nto the foregoing and in accordance with the commissioner's regulations.\n  3. Examination: pass an examination satisfactory to the department and\nin accordance with the commissioner's regulations.\n  4. Age: be at least twenty-one years of age.\n  5. Character: be of good moral character as determined by the\ndepartment.\n  6. Citizenship or immigration status: be a United States citizen or a\nnoncitizen lawfully admitted for permanent residence in the United\nStates.\n  7. Fee: pay a fee of one hundred ninety dollars to the department for\nadmission to a department conducted examination for an initial license,\na fee of one hundred dollars for each re-examination, a fee of one\nhundred fifteen dollars for an initial license for persons not requiring\nadmission to a department conducted examination, a fee of one hundred\neighty dollars for each triennial registration period and a fee of\nseventy dollars for a limited permit.\n
N.Y. VAT Law § 1646 — New York Code / Act VAT / Title 8 / Article 39 / Section 1646
Application of article
Status: in_force

§ 1646. Application of article. This article shall not apply with\nrespect to state highways maintained by the state which are\ncontrolled-access highways outside of cities having a population in\nexcess of one million, nor to highways under the jurisdiction of the New\nYork state thruway authority, a regional state park commission, a county\npark commission, a parkway authority, a bridge authority, or a bridge\nand tunnel authority, except that this article shall apply to any\nportion of the New York state thruway that is located within a city\nhaving a population in excess of one million.\n
N.Y. PBA Law § 1810 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1810
Moneys of the authority
Status: in_force

§ 1810. Moneys of the authority. 1. All moneys of the authority, from\nwhatever source derived, shall be paid to the commissioner of taxation\nand finance as agent of the authority, who shall not commingle such\nmoneys with any other moneys. Such moneys shall be deposited in a\nseparate bank account or accounts. The moneys in such accounts shall be\npaid out on checks signed by the commissioner of taxation and finance on\nrequisition of the president of the authority or of such other officer\nor employee or officers or employees of the authority as the authority\nshall authorize to make such requisition. All deposits of such moneys\nshall, if required by the commissioner of taxation and finance or the\nauthority, be secured by obligations of the United States of America or\nof the state of a market value equal at all times to the amount of the\ndeposit and all banks and trust companies are authorized to give such\nsecurity for such deposits.\n  2. Notwithstanding the provisions of subdivision one of this section,\nthe authority shall have power, subject to the approval of the\ncommissioner of taxation and finance, to contract with the holders of\nany of its bonds or notes, as to the custody, collection, securing,\ninvestment and payment of any moneys of the authority, or of any moneys\nheld in trust or otherwise for the payment of bonds or notes, and to\ncarry out such contracts. Moneys held in trust or otherwise for the\npayment of bonds or notes or in any way to secure bonds or notes and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority, and all banks and trust companies are authorized to give\nsuch security for such deposits.\n  3. Any moneys of the authority not required for immediate use or\ndisbursement may, at the discretion of the authority, be invested by the\ncommissioner of taxation and finance in accordance with all of the\notherwise consistent provisions of section ninety-eight-a of the state\nfinance law.\n  4. Subject to the provisions of any contract with bondholders and\nnoteholders and to the approval of the comptroller, the authority shall\nprescribe a system of accounts.\n
N.Y. EDN Law § 7906 — New York Code / Act EDN / Title 8 / Article 156 / Section 7906
Exempt persons
Status: in_force

§ 7906. Exempt persons. This article shall not be construed to affect\nor prevent the following, provided that no title, sign, card or device\nshall be used in such manner as to tend to convey the impression that\nthe person rendering such service is a licensed occupational therapist:\n  (1) A licensed physician from practicing his or her profession as\ndefined under article one hundred thirty-one and article one hundred\nthirty-one-B of this title.\n  (2) 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 occupational therapist or as performing occupational therapy.\n  (3) A student from engaging in clinical practice as part of an\naccredited program in occupational therapy, pursuant to subdivision\nthree of section seventy-nine hundred four of this article.\n  (4) An occupational therapy assistant student from engaging in\nclinical practice under the direction and supervision of an occupational\ntherapist or an occupational therapy assistant who is under the\nsupervision of an occupational therapist, as part of an accredited\noccupational therapy assistant program, as defined by the commissioner\nand in accordance with the commissioner's regulations.\n  (5) The care of the sick by any person, provided such person is\nemployed primarily in a domestic capacity. This shall not authorize the\ntreatment of patients in a home care service of any hospital, clinic,\ninstitution or agency.\n  (6) An employee of a federal agency from using the title or practicing\nas an occupational therapist insofar as such activities are required by\nhis salaried position and the use of such title shall be limited to such\nemployment.\n  (7) The following people from working under the direct supervision of\na licensed occupational therapist:\n  An individual employed by the state or municipal government at the\neffective date of this article who performs supportive services in\noccupational therapy solely for the time such person continues in that\nemployment.\n  (8) Any occupational therapist who is licensed in another state,\nUnited States possession or country or who has received at least a\nbaccalaureate degree or its equivalent in occupational therapy and who\nis either in this state for the purposes of (a) consultation, provided\nsuch practice is limited to such consultation; or (b) an occupational\ntherapist authorized to practice in another state or country from\nconducting a teaching clinical demonstration in connection with a\nprogram of basic clinical education, graduate education or post graduate\neducation in an approved school of occupational therapy or its\naffiliated clinical facility or health care agency or before a group of\nlicensed occupational therapists; or (c) because he or she resides near\na border of this state, provided such practice is limited in this state\nto the vicinity of such border and said occupational therapist does not\nmaintain an office or place to meet patients or receive calls in this\nstate.\n
N.Y. EDN Law § 7905 — New York Code / Act EDN / Title 8 / Article 156 / Section 7905
Limited permits
Status: in_force

§ 7905. Limited permits. Permits limited as to eligibility, practice,\nand duration, shall be issued by the department to eligible applicants,\nas follows:\n  (1) The following persons shall be eligible for a limited permit:\n  (a) An occupational therapist who has graduated from an occupational\ntherapy curriculum with a baccalaureate degree or certificate in\noccupational therapy which is substantially equivalent to a\nbaccalaureate degree satisfactory to the board of occupational therapy\nand in accordance with the commissioner's regulations; or\n  (b) A foreign occupational therapist who is in this country on a\nnon-immigration visa for the continuation of occupational therapy study,\npursuant to the exchange student program of the United States Department\nof State.\n  (c) An occupational therapy assistant who has graduated from an\naccredited occupational therapy assistant curriculum with an associate's\ndegree satisfactory to the board of occupational therapy and in\naccordance with the commissioner's regulations.\n  (2) A limited permittee shall be authorized to practice occupational\ntherapy, or in the case of a limited permit issued pursuant to paragraph\n(c) of subdivision one of this section, only under the direct\nsupervision of a licensed occupational therapist or a licensed physician\nand shall practice only in a public, voluntary, or proprietary hospital,\nhealth care agency or in a preschool or an elementary or secondary\nschool for the purpose of providing occupational therapy as a related\nservice for a handicapped child.\n  For purposes of this subdivision, supervision of an individual with a\nlimited permit to practice occupational therapy issued by the department\nshall be direct supervision as defined by the commissioner's\nregulations.\n  (3) A limited permit shall be valid for one year. It may be renewed\nonce for a period not to exceed one additional year, at the discretion\nof the department, upon the submission of an explanation satisfactory to\nthe department for an applicant's failure to become licensed within the\noriginal one-year period.\n  (4) The fee for a limited permit shall be seventy dollars.\n
N.Y. RSS Law § 70 — New York Code / Act RSS / Article 2 / Title 8 / Section 70
Superannuation retirement
Status: in_force

§ 70. Superannuation retirement.  a. Any member may retire if such\nmember shall have attained at least the minimum retirement age while in\nservice as a member, or while in federal service, or in the service of\nthe United Nations or other international organizations of which the\nUnited States is a member, as a member continued pursuant to paragraph\none of subdivision f of section forty of this article, or while entitled\nto make application for a vested retirement allowance pursuant to\nsection seventy-six of this title. Any such member desiring to retire\nshall execute and file with the comptroller an application for\nretirement, which shall specify the effective date of such member's\nretirement, which shall be not less than fifteen nor more than ninety\ndays subsequent to such date of filing. An application for service\nretirement, filed hereunder in accordance with the provisions of\nsubdivision c of section sixty-two or subdivision f of section\nsixty-three of this article, shall be processed in the regular manner,\nprovided that if the application filed simultaneously therewith under\neither of such subdivisions is granted, then and in that event the\nretirement allowance granted in accordance with the provisions of this\nsection shall be appropriately adjusted. Notwithstanding any other\nprovision of law, for any member who is eligible to retire, who has died\nwhile in active service, and who has filed an application for service\nretirement less than ninety days prior to death, such member's\ndesignated option election beneficiary or beneficiaries, if an option\nelection has been filed prior to death, or the beneficiary or\nbeneficiaries designated for the death benefit, if no option election\nwas filed prior to death, shall have the option to choose the benefit\nprovided by service retirement rather than the death benefit, provided,\nhowever that if the designated beneficiary elects the service retirement\nbenefit such person shall be required to choose an option as provided by\nlaw. If the member's beneficiary or beneficiaries elect the service\nretirement benefit, the member shall be deemed to have retired on the\nday before the member's date of death. If there are multiple option\nbeneficiaries and such beneficiaries cannot agree on the choice between\nthe death benefit or the service retirement under an agreed upon option,\nthe service retirement benefit shall be payable under the option\nelection form filed by the member prior to such member's death. If there\nare multiple death beneficiaries and such beneficiaries cannot agree on\nthe choice between the death benefit or the service retirement under an\nagreed upon option, the death benefit shall be payable.\n  b. Any member who attains age seventy shall be retired on the first\nday of the calendar month next succeeding such event. Such retirement\nshall be on the basis of "Option One-half", unless the member files an\neffective election pursuant to section ninety of this article to retire\non a different basis. If he shall have filed such an election, his\nretirement allowance shall be computed in accordance with the basis so\nselected by him. The provisions of this subdivision with respect to\nmandatory retirement shall be inapplicable to:\n  1. An elective officer.\n  2. A judge.\n  3. A justice.\n  4. An official referee.\n  5. A person holding office by virtue of an appointment to fill a\nvacancy in an elective office.\n  6. An employee of the port of New York authority.\n  7. A person who last became a member before April eleventh, nineteen\nhundred forty-five, and who serves continuously after such date in one\nor more of the following capacities:\n  (a) A clerk of a court, as provided in the constitution, article six,\nsection twenty-one.\n  (b) An appointee of the governor.\n  (c) An employee of the legislature drawing an annual salary, or\n  (d) A chaplain of a county penal institution having served as such\nchaplain for not less than thirty years, or\n  8. A commissioner of elections.\n  c. Notwithstanding the provisions of subdivision b of this section,\nthe state civil service commission may approve the continuance in\nservice of members who have attained age seventy. Such approvals shall\nbe for periods not to exceed two years each. No such approval shall be\ngiven unless:\n  1. The head of the department in which the member is employed shall\nfile a written statement with the comptroller approving such\ncontinuance, and\n  2. The medical board shall certify that such member is physically fit\nto perform the duties of his position, and\n  3. The state civil service commission shall find that:\n  (a) Such member is less than seventy-eight years of age, and\n  (b) His continuance in service would be advantageous because of his\nexpert knowledge and special qualifications.\nThe service of any such member may, however, be terminated at any time\nby the head of the department in which he is employed, upon sixty days\nwritten notice to such member.\n
N.Y. EDN Law § 6951 — New York Code / Act EDN / Title 8 / Article 140 / Section 6951
Definition of practice of midwifery
Status: in_force

§ 6951. Definition of practice of midwifery.  1. The practice of the\nprofession of midwifery is defined as the management of normal\npregnancies, child birth and postpartum care as well as primary\npreventive reproductive health care of essentially healthy women, and\nshall include newborn evaluation, resuscitation and referral for\ninfants. A midwife shall have collaborative relationships with (i) a\nlicensed physician who is board certified as an\nobstetrician-gynecologist by a national certifying body or (ii) a\nlicensed physician who practices obstetrics and has obstetric privileges\nat a general hospital licensed under article twenty-eight of the public\nhealth law or (iii) a hospital, licensed under article twenty-eight of\nthe public health law, that provides obstetrics through a licensed\nphysician having obstetrical privileges at such institution, that\nprovide for consultation, collaborative management and referral to\naddress the health status and risks of his or her patients and that\ninclude plans for emergency medical gynecological and/or obstetrical\ncoverage. A midwife shall maintain documentation of such collaborative\nrelationships and shall make information about such collaborative\nrelationships available to his or her patients. Failure to comply with\nthe requirements found in this subdivision shall be subject to\nprofessional misconduct provisions as set forth in article one hundred\nthirty of this title.\n  2. A licensed midwife shall have the authority, as necessary, and\nlimited to the practice of midwifery, to prescribe and administer drugs,\nimmunizing agents, diagnostic tests and devices, and to order laboratory\ntests, as established by the board in accordance with the commissioner's\nregulations. A midwife shall obtain a certificate from the department\nupon successfully completing a program including a pharmacology\ncomponent, or its equivalent, as established by the commissioner's\nregulations prior to prescribing under this section.\n  3. Any reference to midwifery, midwife, certified nurse-midwifery or\ncertified nurse-midwife, nurse-midwifery or nurse-midwife under the\nprovisions of this article, this chapter or any other law, shall refer\nto and include the profession of midwifery and a licensed midwife,\nunless the context clearly requires otherwise.\n
N.Y. PBA Law § 1198-F — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-F
Powers of the authority
Status: in_force

§ 1198-f. Powers of the authority. Except as otherwise limited by this\ntitle, the authority shall have the power to:\n  1. sue and be sued;\n  2. have a seal and alter the same at pleasure;\n  3. borrow money and issue negotiable or non-negotiable notes, bonds,\nor other obligations and to provide for the rights of the holders\nthereof;\n  4. enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. acquire, by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold and use and to sell, lease as lessor, transfer or otherwise\ndispose of, any real or personal property or any interest therein,\nwithin or without the district, as the authority may deem necessary,\nconvenient or desirable to carry out the purpose of this title;\nprovided, however, that the authority may not condemn real property of a\nmunicipality without the consent of the governing body of such\nmunicipality;\n  6. purchase, in the name of the authority, any water supply system,\nincluding plants, works, instrumentalities or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, permits, approaches,\nconnections, dams, wells, pumps, reservoirs, water mains and pipe lines,\npumping stations, treatment facilities, meters, equipment and inventory,\nor any other property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district, provided, however, that the authority shall\nhave the power to purchase any source of supply, or water supply system\nor any part thereof situated wholly or partly without the territorial\nlimits of the district, provided same shall be necessary in order to\nsupply water within the district; and in connection with the purchase of\nsuch properties the authority may assume any obligations of the owner of\nsuch properties and, to the extent required by the terms of any\nindentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, as a means of so acquiring for such purpose,\nthe authority may purchase all of the stock of any existing privately\nowned water corporation or company and in the case of a sale or other\ntransfer of properties of a public utility corporation pursuant to this\nprovision, upon the purchase of the stock of such corporation or company\nit shall be lawful to dissolve such corporation within a reasonable\ntime;\n  7. construct, improve or rehabilitate water supply facilities required\nfor the maintenance, development or expansion of water supply sources;\n  8. operate and manage and to contract for the operation and management\nof facilities of the authority;\n  9. enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  11. take all necessary and reasonable actions within the district to\nconserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  12. retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice;\n  13. make plans and studies necessary, convenient or desirable for the\neffectuation of the purposes and powers of the authority and to prepare\nrecommendations in regard thereto;\n  14. prepare a water supply emergency plan which shall include, but not\nbe limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) public notification program coordinated with the phased\nimplementation schedule; such plan shall not be adopted until a public\nhearing on such plan shall have been held, upon not less than fourteen\ndays' notice thereof to each customer, either by mail or by publication\nonce in a newspaper having general circulation within the district;\nevery five years, such plan shall be reviewed and revised if necessary\nafter a public hearing, with notice to each customer as aforesaid;\n  15. enter upon such lands, waters, or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  16. apply for and to accept any gifts or grants or loans of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  17. obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district;\n  18. purchase water from any municipal corporation, town water\ndistrict, person, association or corporation;\n  19. produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; provided,\nhowever, that water may be sold at retail to individual consumers only\nwithin the district and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water in any area\nwhich is served by a water system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water in such served areas;\n  20. make bylaws for the management and regulation of its affairs and\nrules and regulations for the conservation, preservation and protection\nof the authority's water supply and, subject to agreements with\nbondholders, rules for the sale of water and the collection of rents and\ncharges therefor. A copy of such rules, regulations and bylaws and any\nrules and regulations adopted pursuant to subdivision eleven of this\nsection, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the municipalities within\nthe district and thereafter published once in a newspaper having general\ncirculation within the district. Violation of such rules and regulations\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n  21. fix rates and collect charges for the use of the facilities of, or\nservices rendered by, or any commodities furnished by the authority such\nas to provide revenues sufficient at all times to pay, as the same shall\nbecome due, the principal and interest on the bonds, or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due,\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves, and\nall other obligations and indebtedness of the authority; however, no\nsuch rates or charges shall be changed until a public hearing on such\nchanges shall have been held upon not less than fourteen days' notice\nthereof to each customer, either by mail or by publication once in a\nnewspaper having general circulation within the district;\n  22. enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, the\nconservation, preservation and protection of the authority's water\nreserve as it is affected within and outside the authority's supply\narea, and, within the territorial limits of the district, to enter into\na contract for the construction, operation and maintenance of a water\nsupply and distribution system by the authority for any municipality\nhaving power to construct and develop a water supply and distribution\nsystem, upon such terms and conditions as shall be determined to be\nreasonable including, but not limited to the reimbursement of all costs\nof such construction, or for any other lawful purposes necessary or\ndesirable to effect the purposes of this title;\n  23. provide for the discontinuance or disconnection of the supply of\nwater for nonpayment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water shall not be carried out except in the manner and\nupon the notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law;\n  24. contract for, provide and maintain such insurance as it deems\nnecessary or reasonable to:\n  (a) secure and protect its real and personal property from fire, theft\nor other calamity or loss;\n  (b) secure and protect it against liability imposed by law for damages\nor injuries to persons or property;\n  (c) secure and protect it against any liability which may be imposed\npursuant to section eighteen of the public officers law; and\n  (d) secure and protect it against any other liability, casualty or\nloss as it deems necessary or reasonable; and\n  25. do all things necessary, convenient or desirable to carry out its\npurposes and for the exercise of the powers granted in this title.\n
N.Y. PBA Law § 706 — New York Code / Act PBA / Article 3 / Title 8 / Section 706
Bonds of the authority
Status: in_force

§ 706. 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 in\nsuch amount as may be necessary to pay the cost of the bridge and\napproach roads herein authorized and the cost of all land, property,\nrights, easements and franchises deemed necessary for the construction\nthereof, and to pay interest prior to and during construction and for\none year after completion of construction, for reconstruction and\nupgrades to the bridge, the purchase price of the ferry or ferries\nauthorized to be acquired, the repayment of any advances or\nappropriations made by the state of New York to the authority and such\nother expenses as may be deemed necessary or incident to the financing\nand to the construction of the bridge and approach roads, and to placing\nthe same in operation, and infrastructure, upgrade and expansion at the\nOgdensburg international airport.\n  2. The authority shall have power and is hereby authorized from time\nto time to issue its negotiable bonds in conformity with applicable\nprovisions of the uniform commercial code for the purpose of refunding\nbonds of the authority theretofore issued, but the aggregate principal\namount of such refunding bonds shall not exceed the aggregate principal\namount of the bonds to be refunded and the amount of the accrued\ninterest and the premium required to be paid upon such bonds by reason\nof redemption before maturity.\n  3. The bonds shall be authorized by resolution of the board. The bonds\nshall be dated, shall bear interest at such rate or rates not exceeding\nsix per centum per annum, shall mature at such time or times all as may\nbe determined by the authority and may be made redeemable before\nmaturity, at the option of the authority, at such price or prices and\nunder such terms and conditions as may be fixed by the authority prior\nto the issuance of the bonds. The authority shall determine the form and\nthe manner of execution of the bonds, including any interest coupons to\nbe attached thereto, and shall fix the denomination or denominations of\nthe bonds and the place or places of payment of principal and interest,\nwhich may be at any bank or trust company within or without the state.\nIn case any officer whose signature or a facsimile of whose signature\nshall appear on any bonds or coupons shall cease to be such officer\nbefore the delivery of such bonds, such signature or such facsimile\nshall nevertheless be valid and sufficient for all purposes the same as\nif he had remained in office until such delivery, and any bond may bear\nthe facsimile signature of, or may be signed by, such person as at the\nactual time of the execution of such bond shall be duly authorized to\nsign such bond although at the date of such bond such person may not\nhave been such officer. The bonds may be issued in coupon form or in\nregistered form or both coupon form and registered form as the authority\nmay determine, and provisions may be made by the authority for the\nregistration of any coupon bond as to principal alone and also as to\nboth principal and interest, for the reconversion into coupon bonds of\nany bonds registered as to both principal and interest, and for the\nexchange of either coupon bonds or registered bonds without coupons for\nan equal aggregate principal amount of other coupon bonds or registered\nbonds without coupons or both of any denomination or denominations.\nNotwithstanding any other provisions of this title or any recitals in\nthe bonds issued under the provisions of this title, all such bonds\nshall be deemed to be negotiable instruments under the laws of the state\nof New York. The authority may sell such bonds at public or private\nsale, to the bidders who shall offer the lowest interest cost to the\nauthority, at such a price, not less than ninety-five per centum of\ntheir value, that the interest cost to maturity for the money received\nfor any issue of such bonds shall not exceed six per centum per annum.\nPrior to the preparation of definitive bonds, the authority may, under\nlike restrictions, issue interim receipts or temporary bonds, with or\nwithout coupons, exchangeable for definitive bonds when such bonds shall\nhave been executed and are available for delivery. The authority may\nalso provide for the replacement of any bonds which shall become\nmutilated or shall be destroyed or lost. Bonds may be issued by the\nauthority under the provisions of this title without any other\nproceedings or the happenings of any other conditions or things than\nthose proceedings, conditions or things which are specifically required\nby this title.\n  4. Any resolution or resolutions authorizing any bonds may contain\nprovisions, which shall be a part of the contract with the holders of\nthe bonds thereby authorized, as to\n  (a) pledging the tolls and revenues of the authority to secure the\npayment of the bonds;\n  (b) the rates of the tolls to be charged for use of the bridge, the\namounts to be raised in each year by tolls, and the use and disposition\nof the tolls and other revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the rights of the authority to restrict and\nregulate the use of the bridge;\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 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; and\n  (h) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  5. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the bridge and the ferry or ferries, and the custody,\nsafeguarding and application of all moneys, and may provide that the\nbridge and approach roads shall be constructed and paid for under the\nsupervision and approval of consulting engineers. Notwithstanding any\nother provisions of this title, the authority may provide by such trust\nindenture for the payment of the proceeds of the bonds and the revenues\nof the bridge and the ferry or ferries to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation and repair of the bridge.\nIf the bonds shall be secured by a trust indenture, the bondholders\nshall have no authority to appoint a separate trustee to represent them,\nand the trustee under such trust indenture shall have and possess, in\naddition to other powers granted by such trust indenture, all of the\npowers which are conferred by section seven hundred seven of this title\nupon a trustee appointed by bondholders.\n  6. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the tolls or other revenues or other\nmoneys so pledged and thereafter received by the authority shall\nimmediately be subject to the lien of such pledge without any physical\ndelivery thereof or further act, and that the lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority, irrespective\nof whether such parties have notice thereof. Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  7. Neither the members of the authority nor any person executing any\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  8. The authority shall have power out of any funds available therefor\nto purchase any of the outstanding bonds at a cost not exceeding the\nredemption price of the bonds purchased as fixed by the resolution of\nthe authority which authorized their issuance. All bonds so purchased\nshall be cancelled.\n  9. No bonds shall be issued by the authority, except with the approval\nand consent of the comptroller of the state of New York, until and\nunless assurance, by appropriate legislation, agreements, or otherwise,\nshall have been obtained that Canada, the province of Ontario and the\nmunicipality or municipalities in which the Canadian terminal of the\nbridge is to be located will exempt the property and income of the\nauthority from taxation so long as such bonds are outstanding.\n
N.Y. PBA Law § 1198-E — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-E
Responsibilities of the authority
Status: in_force

§ 1198-e. Responsibilities of the authority. The authority shall have\nthe responsibility to: 1. investigate, analyse and evaluate various\noptions for the distribution of water to the district, including, but\nnot limited to, the following:\n  (a) The purchase, in the name of the authority, or in the name of any\nmunicipality or municipalities, of any water facility or distribution\nsystem or parts thereof involved in the supply of water to the district;\n  (b) The operation of any water facility or distribution system or\nparts thereof by any public water suppliers which operate in geographic\nareas adjacent to the district;\n  (c) The creation of additional water authorities to supply water to\nportions of the district as described in section eleven hundred\nninety-eight-c of this article; and\n  (d) The retention of the water supply system within the district which\nis in existence as of the effective date of this title.\n  2. Following any purchase pursuant to paragraph (a) of subdivision one\nof this section:\n  (a) Meter service to its customers; and\n  (b) Repair and maintain that portion of a water supply pipe extending\nfrom the water mains to the water meter. For purposes of this paragraph\n"water supply pipe" shall mean a pipe or line which connects the water\nmains directly to a customer's water meter.\n
N.Y. ENV Law § 15-0807 — New York Code / Act ENV / Article 15 / Title 8 / Section 15-0807
Public notice and hearing procedures
Status: in_force

§ 15-0807. Public notice and hearing procedures.\n  The promulgation of rules and regulations pursuant to this title shall\nbe exclusively governed by the rule-making procedures of the state\nadministrative procedure act, except that municipalities affected by the\nreleases which are the subject of such rules and regulations shall also\nbe provided an opportunity for consultation during the preparation of\nsuch rules and regulations.\n
N.Y. EDN Law § 8209 — New York Code / Act EDN / Title 8 / Article 159 / Section 8209
Mandatory continuing competency
Status: in_force

§ 8209. Mandatory continuing competency. (1)(a) Each licensed\nspeech-language pathologist and audiologist required under this article\nto register triennially with the department to practice in the state\nshall comply with the provisions of the mandatory continuing competency\nrequirements prescribed in subdivision two of this section, except as\nprovided in paragraphs (b) and (c) of this subdivision. Speech-language\npathologists and audiologists who do not satisfy the mandatory\ncontinuing competency requirements shall not be authorized to practice\nuntil they have met such requirements, and they have been issued a\nregistration certificate, except that a speech-language pathologist or\naudiologist may practice without having met such requirements if he or\nshe is issued a conditional registration pursuant to subdivision three\nof this section.\n  (b) Speech-language pathologists and audiologists shall be exempt from\nthe mandatory continuing competency requirement for the triennial\nregistration period during which they are first licensed. Adjustment to\nthe mandatory continuing competency requirements may be granted by the\ndepartment for reasons of health of the licensee where certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed speech-language pathologist or audiologist not engaged\nin practice, as determined by the department, shall be exempt from the\nmandatory continuing competency requirement upon the filing of a\nstatement with the department declaring such status. Any licensee who\nreturns to the practice of speech-language pathology or audiology during\nthe triennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory continuing\ncompetency requirements as shall be prescribed by regulations of the\ncommissioner.\n  (2) During each triennial registration period an applicant for\nregistration as either a speech-language pathologist or audiologist\nshall complete a minimum of thirty hours of learning activities which\ncontribute to continuing competence, as specified in subdivision four of\nthis section, provided further that at least twenty hours shall be in\nrecognized areas of study pertinent to the licensee's professional scope\nof practice of speech language pathology and/or audiology. Any\nspeech-language pathologist or audiologist whose first registration date\nfollowing the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand one, shall complete continuing competency hours on a prorated\nbasis at the rate of one-half hour per month for the period beginning\nJanuary first, two thousand one up to the first registration date.\nThereafter, a licensee who has not satisfied the mandatory continuing\ncompetency requirements shall not be issued a triennial registration\ncertificate by the department and shall not practice unless and until a\nconditional registration certificate is issued as provided for in\nsubdivision three of this section. Continuing competency hours taken\nduring one triennium may not be transferred to a subsequent triennium.\n  (3) The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing competency\nrequirements established in subdivision two of this section, but who\nagrees to make up any deficiencies and complete any additional learning\nactivities which the department may require. The fee for such a\nconditional registration shall be the same as, and in addition to, the\nfee for the triennial registration. The duration of such conditional\nregistration shall be determined by the department but shall not exceed\none year. Any licensee who is notified of the denial of registration for\nfailure to submit evidence, satisfactory to the department, of required\ncontinuing competency learning activities and who practices without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  (4) As used in subdivision two of this section, "acceptable learning\nactivities" shall mean activities which contribute to professional\npractice in speech-language pathology and/or audiology, and which meet\nthe standards prescribed in the regulations of the commissioner. Such\nlearning activities shall include, but not be limited to, collegiate\nlevel credit and non-credit courses, self-study activities, independent\nstudy, formal mentoring activities, publications in professional\njournals, professional development programs and technical sessions; such\nlearning activities may be offered and sponsored by national, state and\nlocal professional associations and other organizations or parties\nacceptable to the department, and any other organized educational and\ntechnical learning activities acceptable to the department. The\ndepartment may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\ncompetency learning activities in specific subjects to fulfill this\nmandatory continuing competency requirement. For speech-language\npathologists who are employed in school settings as teachers of the\nspeech and hearing handicapped or as teachers of students with speech\nand language disabilities, acceptable learning activities shall also\ninclude professional development programs and technical sessions\nspecific to teaching students with speech and language disabilities\nincluding those designed to improve methods for teaching such students,\naligned with professional development plans in accordance with\nregulations of the commissioner and promoting the attainment of\nstandards for such students. Learning activities must be taken from a\nsponsor approved by the department, pursuant to the regulations of the\ncommissioner.\n  (5) Speech-language pathologists and audiologists shall maintain\nadequate documentation of completion of acceptable continuing competency\nlearning activities and shall provide such documentation at the request\nof the department. Failure to provide such documentation upon the\nrequest of the department shall be an act of misconduct subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n  (6) The mandatory continuing competency fee shall be fifty dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section eighty-two hundred six of this\narticle.\n
N.Y. EDN Law § 7410 — New York Code / Act EDN / Title 8 / Article 149 / Section 7410
Mandatory peer review
Status: in_force

§ 7410. Mandatory peer review. 1. The department shall require as a\ncondition to renewal of registrations under section seventy-four hundred\neight of this article, that unless otherwise exempted by the department,\napplicants for firm registrations, undergo, no more frequently than once\nevery three years, except pursuant to a disciplinary action brought\nunder section seventy-four hundred eight of this article, peer reviews\nof the firm's attest services conducted in such manner as the\ncommissioner shall specify in regulations, and such review shall include\na verification that individuals in the firm who are responsible for\nsupervising attest services sign or authorize someone to sign the\naccountant's report on the financial statements on behalf of the firm\nmeet the competency requirements set out in the professional standards\nfor such services, provided that any such regulations:\n  a. shall include reasonable provisions for compliance by an applicant\nfor firm registration showing that it has, within the preceding three\nyears, undergone a peer review in this state or a peer review in another\nstate that is a satisfactory equivalent to peer review required pursuant\nto this section;\n  b. shall require, with respect to any organization administering peer\nreview programs contemplated by paragraph a of this subdivision, that it\nbe subject to evaluations by the department or its designee, to\nperiodically assess the effectiveness of the peer review program under\nits charge;\n  c. shall require the peer review to be conducted by reviewers\nacceptable to the department in accordance with the commissioner's\nregulations; and\n  d. may require with respect to peer reviews contemplated by paragraph\na of this subdivision that firms undergoing peer reviews and\norganizations administering peer review programs timely remit such peer\nreview reports to the state board for public accountancy and such\nreports shall be maintained by the board in a manner consistent with\nsubdivision two of this section.\n  2. Notwithstanding any provision of law to the contrary, the reports\nsubmitted in accordance with subdivision one of this section shall be\nconfidential and shall not constitute a public record and shall not be\nsubject to disclosure under articles six and six-A of the public\nofficers law. However, when any such report is admitted into evidence in\na hearing held by the department, it shall then be a public record\nsubject to disclosure under articles six and six-A of the public\nofficers law.\n  3. Notwithstanding any provision of law or regulation to the contrary,\na firm that performs attest services for any New York state or municipal\ndepartment, board, bureau, division, commission, committee, public\nauthority, public corporation, council, office, or other governmental\nentity performing a governmental or proprietary function for New York\nstate or any one or more municipalities thereof, or performs attest\nservices specifically required to be performed pursuant to New York\nstate law, or performs attest services for any federal governmental\nentity pursuant to federal law, shall be in conformity with the\nrequirements pursuant to the government auditing standards of the\ncomptroller general of the United States.\n
N.Y. EDN Law § 6700 — New York Code / Act EDN / Title 8 / Article 135 / Section 6700
Introduction
Status: in_force

§ 6700. Introduction.  This article applies to the profession of\nveterinary medicine and veterinary technology.  The general provisions\nfor all professions contained in article one hundred thirty of this\ntitle apply to this article.\n
N.Y. EDN Law § 6958 — New York Code / Act EDN / Title 8 / Article 140 / Section 6958
Limited permit
Status: in_force

§ 6958. Limited permit.  1. A limited permit to practice midwifery may\nbe granted for a period not to exceed twelve months to an individual who\nhas to the satisfaction of the department met all the requirements of\nsection sixty-nine hundred fifty-five of this article, but has not yet\npassed the examination required by subdivision three of such section.\n  2. A limited permit shall entitle the holder to practice midwifery\nonly under the direct supervision of a licensed physician who is\nauthorized under section sixty-nine hundred fifty-one of this article or\na licensed midwife.\n
N.Y. EDN Law § 6554 — New York Code / Act EDN / Title 8 / Article 132 / Section 6554
Requirements for a professional license
Status: in_force

§ 6554. Requirements for a professional license. To qualify for a\nlicense as a chiropractor, an applicant shall fulfill the following\nrequirements:\n  (1) Application: file an application with the department;\n  (2) Education: have received an education, including two years of\npreprofessional college study and completion of a four-year resident\nprogram in chiropractic, in accordance with the commissioner's\nregulations;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations:\n  (4) Examination: pass examinations satisfactory to the board and in\naccordance with the commissioner's regulations, in clinical chiropractic\nanalysis, the practice of chiropractic, X-ray as it relates to\nchiropractic analysis, and examinations satisfactory to the department\nin anatomy, physiology, pathology, chemistry, microbiology, diagnosis,\nand the use and effect of X-ray;\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;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of one hundred seventy-five dollars to the\ndepartment for admission to a department conducted examination and for\nan initial license, a fee of eighty-five dollars for each reexamination,\na fee of one hundred fifteen dollars for an initial license for persons\nnot requiring admission to a department conducted examination, and a fee\nof one hundred fifty-five dollars for each triennial registration\nperiod.\n
N.Y. PBA Law § 1196-D — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-D
General powers of an authority
Status: in_force

§ 1196-d. General powers of an authority. Except as otherwise limited\nby this title, an authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable or non-negotiable notes,\nbonds, or other obligations and to provide for the rights of the holders\nthereof;\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title.\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title; provided, however, that an\nauthority may not acquire, condemn or otherwise receive real property of\na municipality without the consent of the governing body of such\nmunicipality;\n  6. To construct, improve or rehabilitate water supply or sewerage\nfacilities required for the maintenance, development or expansion of\nwater supply sources or sewerage facilities;\n  7. To construct, improve or rehabilitate distribution, transmission,\nand sewerage facilities;\n  8. To operate and manage and to contract for the operation and\nmanagement of facilities constructed by the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To enter into contracts, with municipalities for the collection,\ntreatment and disposal of sewage;\n  11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  12. To appoint such officers and employees as are required for the\nperformance of its duties, and to fix and determine their\nqualifications, duties and compensation, and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice;\n  13. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  14. To enter upon such lands, waters, or premises as in the judgment\nof the authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  15. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  16. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district and to\ncollect, treat and discharge sewage produced for such purposes by such\ngenerators;\n  17. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater system;\n  18. To produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; and to\npurchase water from any municipal corporation, town water district,\nperson, association or corporation; provided, however, that water may be\nsold at retail to individual consumers only within the district and\nfurther provided that in exercising the powers granted by this title,\nthe authority shall not sell water in any area which is served by a\nwater system owned or operated by a municipality or special improvement\ndistrict unless the governing body of such municipality or district\nshall adopt a resolution requesting the authority to sell water in such\nserved areas;\n  19. To make bylaws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nor collection of sewage and the collection of rents and charges\ntherefor. A copy of such rules and bylaws, and all amendments thereto,\nduly certified by the secretary of the authority shall be filed in the\noffice of the sponsoring municipality or municipalities and thereafter\npublished once in two newspapers having a general circulation in the\nsponsoring municipality or municipalities. Violation of such rules shall\nbe punishable by fine, not exceeding fifty dollars, or by imprisonment\nfor not longer than thirty days, or both;\n  20. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, notes or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue, the expense of operating and maintaining the properties of the\nauthority together with proper reserves for maintenance, contingencies\nand all other obligations and indebtedness of the authority;\n  21. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, and\nwithin the territorial limits of the district to enter into a contract\nfor the construction and operation and maintenance of a water supply and\ndistribution or sewerage system by the authority for any municipality\nhaving power to construct and develop a water supply and distribution or\nsewerage system, upon such terms and conditions as shall be determined\nto be reasonable including, but not limited to the reimbursement of all\ncosts of such construction, or for any other lawful purposes necessary\nor desirable to effect the purposes of this title;\n  22. To provide for the discontinuance or disconnection of the supply\nof water or the provision of sewerage service, or both, as the case may\nbe, for non-payment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water or the provision of sewerage service, or both, as\nthe case may be, shall not be carried out except in the manner and upon\nthe notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law; and\n  23. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. EDN Law § 6515 — New York Code / Act EDN / Title 8 / Article 130* / Section 6515
Restraint of unlawful acts
Status: in_force

§ 6515. Restraint of unlawful acts. Where a violation of this title is\nalleged to have occurred, the attorney general, the department or, in\nthe event of alleged violations of article one hundred fifty-five of\nthis title occurring in cities having a population of one million or\nmore, the corporation counsel may apply to the supreme court within the\njudicial district in which such violation is alleged to have occurred\nfor an order enjoining or restraining commission or continuance of the\nunlawful acts complained of. The remedy provided in this section shall\nbe in addition to any other remedy provided by law or to the proceedings\ncommenced against a licensee under this title.\n
N.Y. EDN Law § 6511 — New York Code / Act EDN / Title 8 / Article 130* / Section 6511
Penalties for professional misconduct
Status: in_force

§ 6511. Penalties for professional misconduct. The penalties which may\nbe imposed by the board of regents on a present or former licensee found\nguilty of professional misconduct (under the definitions and proceedings\nprescribed in sections sixty-five hundred nine and sixty-five hundred\nten of this article) are: (1) censure and reprimand, (2) suspension of\nlicense, (a) wholly, for a fixed period of time; (b) partially, until\nthe licensee successfully completes a course of retraining in the area\nto which the suspension applies; (c) wholly, until the licensee\nsuccessfully completes a course of therapy or treatment prescribed by\nthe regents; (3) revocation of license, (4) annulment of license or\nregistration, (5) limitation on registration or issuance of any further\nlicense, (6) a fine not to exceed ten thousand dollars, upon each\nspecification of charges of which the respondent is determined to be\nguilty, (7) a requirement that a licensee pursue a course of education\nor training, and (8) a requirement that a licensee perform up to one\nhundred hours of public service, in a manner and at a time and place as\ndirected by the board. The board of regents may stay such penalties in\nwhole or in part, may place the licensee on probation and may restore a\nlicense which has been revoked, provided, in the case of licensees\nsubject to section two hundred thirty of the public health law, notice\nthat the board is considering such restoration is given to the office of\nprofessional medical conduct at least thirty days before the date on\nwhich such restoration shall be considered. Upon the recommendation of\nthe office of professional medical conduct, the board of regents may\ndeny such restoration. Any fine imposed pursuant to this section or\npursuant to subdivision two of section sixty-five hundred ten of this\narticle may be sued for and recovered in the name of the people of the\nstate of New York in an action brought by the attorney general. In such\naction the findings and determination of the board of regents or of the\nviolations committee shall be admissible evidence and shall be\nconclusive proof of the violation and the penalty assessed.\n
N.Y. VAT Law § 1677 — New York Code / Act VAT / Title 8 / Article 43 / Section 1677
County purpose and charges
Status: in_force

§ 1677.  County purpose and charges.  For any county not wholly\nincluded within a city, the provisions of this article and expenditures\nmade hereunder shall be deemed a county purpose and charge.\n
N.Y. EDN Law § 6808-A — New York Code / Act EDN / Title 8 / Article 137 / Section 6808-A
Identification of Pharmacists
Status: in_force

§ 6808-a. Identification of Pharmacists.  Every pharmacist on duty\nshall be identified by a badge designed by the state board of pharmacy,\nwhich shall contain his name and title.\n
N.Y. EDN Law § 7101-A — New York Code / Act EDN / Title 8 / Article 143 / Section 7101-A
Certification to use therapeutic drugs
Status: in_force

§ 7101-a. Certification to use therapeutic drugs. 1. Definitions. As\nused in this section, the following terms shall have the following\nmeanings:\n  (a) Clinical training. Clinical training shall mean the diagnosis,\ntreatment and management of patients with ocular disease and shall be\ncomparable to that acquired by a current graduate of the State\nUniversity College of Optometry.\n  (b) Consultation. Consultation shall mean a confirmation of the\ndiagnosis, a plan of co-management of the patient, and a periodic review\nof the patient's progress.\n  (c) Education review committee. Education review committee shall mean\nthe committee established pursuant to subdivision nine of this section.\n  (d) Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean\nthose drugs which shall be limited to topical applications to the\nsurface of the eye for the purpose of diagnostic examination of the eye\nand shall be limited to:\n  (i) Anesthetic agents;\n  (ii) Mydriatics;\n  (iii) Cycloplegics;\n  (iv) Miotics;\n  (v) Disclosing agents and other substances used in conjunction with\nthese drugs as part of a diagnostic procedure.\n  (e) Topical therapeutic pharmaceutical agents. Topical therapeutic\npharmaceutical agents shall mean those drugs which shall be limited to\ntopical application to the surface of the eye for therapeutic purposes\nand shall be limited to:\n  (i) antibiotic/antimicrobials;\n  (ii) decongestants/anti-allergenics;\n  (iii) non-steroidal anti-inflammatory agents;\n  (iv) steroidal anti-inflammatory agents;\n  (v) antiviral agents;\n  (vi) hyperosmotic/hypertonic agents;\n  (vii) cycloplegics;\n  (viii) artificial tears and lubricants; and\n  (ix) immunosuppressive agents.\n  (e-1) Nasal sprays as topical therapeutic pharmaceutical agents.\nTopical therapeutic pharmaceutical agents shall also include those drugs\nlisted in subparagraph (iii) of paragraph (f) of this subdivision that\nare administered through a nasal spray for the treatment of dry eye\ndisease.\n  (f) Therapeutic pharmaceutical agents for treatment of glaucoma and\nocular hypertension. Therapeutic pharmaceutical agents for treatment of\nglaucoma and ocular hypertension shall mean those drugs which shall be\nlimited to topical application to the surface of the eye and shall be\nlimited to:\n  (i) beta blockers;\n  (ii) alpha agonists;\n  (iii) direct acting cholinergic agents;\n  (iv) prostaglandin analogs; and\n  (v) carbonic anhydrase inhibitors.\n  (g) Oral therapeutic pharmaceutical agents. Oral therapeutic\npharmaceutical agents shall mean those orally administered drugs used\nfor therapeutic purposes solely for the treatment of diseases of the eye\nand adnexa and shall be limited to:\n  (i) the following antibiotics:\n  (1) amoxicillin/clavulanate potassium;\n  (2) cephalexin;\n  (3) azithromycin;\n  (4) sulfamethoxazole/trimethoprim;\n  (5) doxycycline; and\n  (6) tetracycline;\n  (ii) the following antiglaucoma agents used for the management of\nacute increases in intraocular pressure; provided, however, an\noptometrist may use or prescribe a maximum of one twenty-four hour\nprescription and shall immediately refer the patient to a licensed\nphysician specializing in diseases of the eye:\n  (1) acetazolamide; and\n  (2) methazolamide; and\n  (iii) the following antiviral agents used for herpes zoster\nophthalmicus; provided an optometrist shall use or prescribe in maximum,\none seven-day prescription; provided, however, if a patient is diagnosed\nwith herpes zoster ophthalmicus and has not already been examined by a\nprimary care physician or other appropriate physician for such viral\ncondition, an optometrist shall refer the patient to a licensed primary\ncare physician, licensed physician specializing in diseases of the eye,\nor other appropriate physician within three days of such diagnosis:\n  (1) valacyclovir; and\n  (2) acyclovir.\n  2. Standard of care. An optometrist authorized to use pharmaceutical\nagents for use in the diagnosis, treatment or prevention of ocular\ndisease shall be held to the same standard of care in diagnosis, use of\nsuch agents, and treatment as that degree of skill and proficiency\ncommonly exercised by a physician in the same community.\n  3. Certificate. The commissioner shall issue appropriate certificates\nto use therapeutic pharmaceutical agents in accordance with the\nprovisions of this section to those optometrists who have satisfactorily\ncompleted a curriculum in general and ocular pharmacology at a college\nof optometry with didactic and supervised clinical programs approved by\nthe department are eligible to apply for the certificate issued pursuant\nto this section.\n  4. Topical therapeutic pharmaceutical agents. (a) Before using or\nprescribing topical therapeutic pharmaceutical agents, each optometrist\nshall have completed at least three hundred hours of clinical training\nin the diagnosis, treatment and management of patients with ocular\ndisease other than glaucoma and ocular hypertension, not fewer than\ntwenty-five hours of such training shall have been completed subsequent\nto June thirtieth, nineteen hundred ninety-three and additionally shall\neither have taken and successfully passed the treatment and management\nof ocular diseases portion of the National Board of Examiners in\nOptometry test or have taken and successfully passed an examination\nacceptable to the board.\n  (b) Before using or prescribing therapeutic pharmaceutical agents for\ntreatment of glaucoma and ocular hypertension, an optometrist must be\ncertified for diagnostic and topical therapeutic agents and have\ncompleted an additional one hundred hours of clinical training in the\ndiagnosis, treatment and management of patients with glaucoma and ocular\nhypertension, not fewer than twenty-five hours of such training shall\nhave been completed subsequent to July first, nineteen hundred\nninety-four, and shall have taken and successfully passed an oral or\nwritten examination acceptable by the board.\n  (c) Before using or prescribing oral therapeutic pharmaceutical\nagents, an optometrist must be certified to prescribe diagnostic\npharmaceutical agents and topical therapeutic and therapeutic\npharmaceutical agents for treatment of glaucoma and ocular hypertension,\nhave completed an oral therapeutic pharmaceutical agent certification\ncourse and have passed an examination within five years of the\ndepartment's approval of the initial certification course or the initial\nexamination, whichever is later provided, however, an optometrist who\nhas commenced the oral therapeutic pharmaceutical agent certification\ncourse within the five year time period but has not yet passed an\nexamination shall be allowed to take such examination and become\ncertified after the five year time period provided for in this paragraph\nhas ended.\n  (i) The curriculum for the oral therapeutic pharmaceutical agent\ncertification course shall include, but not be limited to, instruction\nin pharmacology and drug interaction in treating ocular disease and be\ntaught through clinical case scenarios and emphasize clinical decision\nmaking and shall be no less than forty hours, of which no less than\ntwenty-four hours shall be live instruction.\n  (ii) Such course shall qualify towards meeting the continuing\neducation per triennial registration requirement pursuant to subdivision\nseven of this section.\n  (iii) The examination shall assess the knowledge of materials in the\ncurriculum and reflect the oral therapeutic pharmaceutical agents\ndescribed in paragraph (g) of subdivision one of this section, and shall\nbe acceptable to the department.\n  (iv) The initial, and any subsequent, curriculum and examination shall\nbe subject to review and approval by the department.\n  (v) The requirement for the oral therapeutic pharmaceutical agent\ncertification course and examination shall not apply to those\noptometrists who graduated from an accredited college of optometry\nsubsequent to January first, two thousand twenty-two and have taken and\nsuccessfully passed the National Board of Examiners in Optometry\nexamination or an examination acceptable to the department.\n  (d) The clinical training required by this section may have been\nacquired prior to the enactment of this section not inconsistent with\nparagraphs (a) and (b) of this subdivision. Approval of the pre-acquired\nclinical training shall be in accordance with subdivision nine-a of this\nsection.\n  (e) The provisions of paragraphs (a) and (b) of this subdivision shall\nnot apply to (i) graduates of an appropriate program approved by the\ndepartment who have successfully passed the examination on the use of\ndiagnostic and therapeutic drugs and who graduated subsequent to January\nfirst, nineteen hundred ninety-three; or (ii) optometrists who have been\ncertified for at least five years to use phase one and phase two drugs\nin another jurisdiction, have demonstrated such use in independently\nmanaged patients, and have been licensed in accordance with section\nseventy-one hundred four of this chapter. Provided, however, no\noptometrist exempt under this paragraph shall be permitted to use phase\none therapeutic pharmaceutical agents or phase two therapeutic\npharmaceutical agents prior to the general authorization provided to\noptometrists licensed in this state.\n  5. Suspension of certification. The department shall suspend the\ncertification for the use and prescribing of topical therapeutic agents\nof any optometrist who fails to receive certification for therapeutic\npharmaceutical agents for treatment of glaucoma and ocular hypertension\nwithin three years of having been certified for topical therapeutic\npharmaceutical agents.\n  6. Consultation with use of certain topical therapeutic pharmaceutical\nagents for treatment of glaucoma and ocular hypertension.  (a) After the\ninitial diagnosis of glaucoma or ocular hypertension and before\ninitiating treatment of any patient, an optometrist shall engage in a\nwritten consultation with a licensed physician specializing in diseases\nof the eye.\n  (b) A consultation shall be required for a period of three years or\nuntil the optometrist has examined and diagnosed seventy-five patients\nhaving glaucoma or ocular hypertension which examinations require a\nwritten consultation in accordance with paragraph (a) of this\nsubdivision, whichever occurs later.\n  (c) The consultation provisions shall not apply to a graduate of an\nappropriate program approved by the department who successfully passed\nan examination in the use of diagnostic and therapeutic pharmaceutical\nagents approved by the department and graduated such school subsequent\nto January first, nineteen hundred ninety-nine and who has had at least\nseventy-five documented examinations and diagnosis of patients with\nglaucoma or ocular hypertension which examinations were part of their\ntraining and were under physician supervision.\n  7. Continuing education. (a) Each optometrist certified to use topical\ntherapeutic pharmaceutical agents and therapeutic pharmaceutical agents\nfor treatment of glaucoma and ocular hypertension, shall complete a\nminimum of thirty-six hours of continuing education in the area of\nocular disease and pharmacology per triennial registration period. Each\noptometrist certified to use oral therapeutic pharmaceutical agents\nshall, in addition to the minimum thirty-six hours of continuing\neducation provided for in this subdivision, complete an additional\nminimum of eighteen hours of continuing education related to systemic\ndisease and therapeutic treatment per triennial registration period.\nSuch educational programs may include both didactic and clinical\ncomponents and shall be approved in advance by the department. Beginning\non January first, two thousand twenty-three, all sponsors of continuing\neducation courses seeking advanced approval from the department shall\nfile an application and pay a fee determined by the department in\naccordance with the regulations of the commissioner. An optometrist\nsubject to the provisions of this subdivision whose first registration\ndate following the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand twenty-three, shall complete continuing education hours on a\nprorated basis at the rate of one hour per month for the period\nbeginning January first, two thousand twenty-three up to the first\nregistration date thereafter. An optometrist who has not satisfied the\nmandatory continuing education requirement pursuant to this subdivision\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration is issued as provided for in paragraph (b) of this\nsubdivision. Continuing education hours taken during one triennium may\nnot be transferred to the subsequent triennium.\n  (b) The department, in its discretion, may issue a conditional\nregistration to an optometrist who fails to meet the continuing\neducation requirements established in paragraph (a) of this subdivision,\nbut who agrees to make up any deficiencies and complete any additional\neducation which the department may require. The fee for such a\nconditional registration shall be the same as, and in addition to, the\nfee for the triennial registration. The duration of such conditional\nregistration shall be determined by the department, but shall not exceed\none year. Any optometrist who is notified of the denial of registration\nfor failure to submit evidence, satisfactory to the department, of\nrequired continuing education and who practices without such\nregistration may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  (c) In accordance with the intent of this section, adjustment to the\nmandatory continuing education requirement may be granted by the\ndepartment for reasons of health that are certified by an appropriate\nhealth care professional, for extended active duty with the armed forces\nof the United States, or for other good cause acceptable to the\ndepartment which may prevent compliance.\n  (d) An optometrist not engaged in practice, as determined by the\ndepartment, shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of optometry\nduring the triennial registration period shall notify the department\nprior to reentering the profession and shall meet such continuing\neducation requirements as shall be prescribed by regulations of the\ncommissioner.\n  (e) Optometrists subject to the provisions of this subdivision shall\nmaintain adequate documentation of completion of acceptable continuing\neducation credits and shall provide such documentation at the request of\nthe department. Failure to provide such documentation upon the request\nof the department shall be an act of misconduct subject to disciplinary\nproceedings pursuant to section sixty-five hundred ten of this title.\n  (f) The mandatory continuing education fee shall be determined by the\ndepartment. Such fee shall be payable on or before the first day of each\ntriennial registration period, and shall be paid in addition to the\ntriennial registration fee required by subdivision eight of section\nseventy-one hundred four of this article.\n  8. Notice to patient with the use or prescription of topical\ntherapeutic pharmaceutical agents and therapeutic pharmaceutical agents\nfor treatment of glaucoma and ocular hypertension. (a) (i) An\noptometrist prescribing topical steroids or antiviral medication shall\ninform each patient that in the event the condition does not improve\nwithin five days, a physician of the patient's choice will be notified.\n  (ii) An optometrist engaged in a written consultation with an\nophthalmologist shall inform a patient diagnosed with glaucoma that the\noptometrist will have the diagnosis confirmed and co-managed with an\nophthalmologist of the patient's choice, or one selected by the\noptometrist.\n  (b) In addition, each optometrist certified to prescribe and use\ntherapeutic drugs shall have posted conspicuously in the office\nreception area the following notice:\n  "Dr. (Name), O.D. is certified by New York State to use drugs to\ndiagnose and treat diseases of the eye. In the event your condition\nrequires the use of steroids or antiviral medication and your condition\ndoes not improve within five days, a physician of your choice will be\nnotified.\n  In the event you are diagnosed with glaucoma, the optometrist will\nhave your diagnosis confirmed and treatment co-managed with an\nophthalmologist (MD) of your choice, or if you wish, one selected by Dr.\n(Name)."\n  The second paragraph of such notice shall only be required to be\nincluded during the period when the optometrist is engaged in a written\nconsultation pursuant to subdivision six of this section.\n  9. Education review committee. An education review committee is hereby\ncreated to advise and assist the commissioner in evaluating pre-acquired\nclinical training. The members of the committee shall be appointed by\nthe commissioner in consultation with the chancellor of the state\nuniversity of New York. The committee shall consist of five members, two\nof whom shall be optometrists on the faculty of the SUNY college of\noptometry, two of whom shall be ophthalmologists who, in addition to\nbeing members of the faculty of any approved medical school in this\nstate and not also faculty members of SUNY college of optometry, have\nsurgical privileges at a New York state hospital. The fifth member who\nshall be designated as chair shall be an expert in the field of public\nhealth and shall be neither an ophthalmologist nor an optometrist.\n  The commissioner shall submit each application to the committee for\nits review and recommendation. In making such recommendation, the\ncommittee shall advise as to the number of hours of pre-acquired\nclinical training, if any, to be approved, based upon the information\nsubmitted with the application. In evaluating such training, the\ncommittee shall be authorized to require the submission of such\nreasonable documentation needed to facilitate the committee's review of\nthe adequacy and relevance of such training.\n  9-a. Pre-acquired clinical training. (a) Each optometrist requesting\napproval of pre-acquired clinical training shall submit a written\napplication to the department. The commissioner, in consultation with\nthe education review committee may provide credit for the following:\n  (i) clinical training acquired at an institution accredited by a\nregional or professional accreditation organization which is recognized\nor approved by the United States Department of Education, the department\nand the Board of Regents of the University of the state of New York;\n  (ii) clinical training acquired at a facility licensed by the state of\nNew York in accordance with article twenty-eight of the public health\nlaw or at a comparable facility located in another state or country\nprovided the licensing requirements or accreditation requirements of\nsuch institution are comparable to those of New York state;\n  (iii) hospital affiliations, including rounds and patient management\nfor applicants having staff privileges at such facility;\n  (iv) consultation and co-management with ophthalmologists of patients\nwith ocular disease and post-surgery recovery;\n  (v) postdoctoral accredited residency or fellowship programs;\n  (vi) experience at an accredited educational institution as a faculty\ninstructor in clinical practice, ocular disease management and\npharmacology;\n  (vii) experience in other states in which the applicant has been\ncertified to use therapeutic pharmaceutical agents.\n  (b) Any optometrist disagreeing with the recommendation of the\neducation review committee shall have a right to appeal in writing to\nthe commissioner. The decision of the commissioner shall be final and\nbinding on all parties.\n  10. Pharmaceutical agents. Optometrists who have been approved and\ncertified by the department shall be permitted to use the following\ndrugs:\n  (a) Diagnostic pharmaceuticals.\n  (b) Those optometrists having been certified for topical therapeutic\npharmaceutical agents shall be authorized to use and prescribe all\ntopical therapeutic pharmaceutical agents specified in paragraph (e) of\nsubdivision one of this section, which are FDA approved and commercially\navailable for topical use.\n  In the event an optometrist treats a patient with topical antiviral or\nsteroidal drugs and the patient's condition either fails to improve or\nworsens within five days, the optometrist shall notify a physician\ndesignated by the patient or, if none, by the treating optometrist.\n  (c) Those optometrists having been certified for therapeutic\npharmaceutical agents for treatment of glaucoma and ocular hypertension\nshall be authorized to use and prescribe therapeutic pharmaceutical\nagents for treatment of glaucoma and ocular hypertension specified in\nparagraph (f) of subdivision one of this section, which are FDA approved\nand commercially available.\n  (d) Those optometrists having been certified for oral therapeutic\npharmaceutical agents shall be authorized to use and prescribe oral\ntherapeutic pharmaceutical agents specified in paragraph (g) of\nsubdivision one of this section, which are FDA approved and commercially\navailable and shall comply with all safety information and side-effect\nand warning advisories contained in the most current physicians' desk\nreference.\n  (e) Those optometrists having been certified for topical therapeutic\npharmaceutical agents, therapeutic pharmaceutical agents for treatment\nof glaucoma and ocular hypertension or oral therapeutic pharmaceutical\nagents shall be authorized to use and recommend all nonprescription\nmedications, whether intended for topical or oral use, appropriate for\nthe treatment of the eye and adnexa.\n  11. Responsibilities of the commissioner. The commissioner shall adopt\nregulations (a) providing for the certification of graduates of an\nappropriate program approved by the department who have successfully\npassed the examination on the use of diagnostic and therapeutic\npharmaceutical agents and who have graduated subsequent to January\nfirst, nineteen hundred ninety-three; and (b) providing for the\ncertification of optometrists who have graduated from other accredited\ncolleges of optometry or who are licensed to practice in other\njurisdictions, have demonstrated such use in independently managed\npatients and are seeking licensure and certification in New York.\n  12. Responsibilities of the commissioner of health. The commissioner\nof health may recommend to the commissioner additions or deletions to\nthe department's regulations relating to optometric use of drugs except\nthat such recommendations shall be limited only to additions which have\nbeen determined to be equivalent to those drugs already authorized or\ndeletions based upon a finding that the drugs are no longer appropriate\nfor their current use or for other similar reasons.\n
N.Y. ENV Law § 9-0801 — New York Code / Act ENV / Article 9 / Title 8 / Section 9-0801
Legislative purpose and findings
Status: in_force

§ 9-0801. Legislative purpose and findings.\n  It is the purpose of this act to provide for the development and\nmaintenance of a forest resources planning program, consistent with\narticle fourteen of the state constitution, in furtherance of the policy\nof the state of New York to conserve, improve and protect its natural\nresources and environment. The legislature recognizes that the needs and\nopportunities which affect the use, management and protection of the\nforest resources of the state are interrelated and require a\ncomprehensive approach to issue resolution and policy development. To\nbest serve the public interest, forest resources programs and efforts\nshould be based upon periodic assessments and analyses of present and\nanticipated use, demand for, and supply of renewable forest resources\nfrom the public and private forest lands of the state. The department\nshall consult and cooperate with the Adirondack park agency in the\npreparation of those parts of the assessment and plan with respect to\nthe forest resources of the Adirondack park. The legislature hereby\ndesignates the department of environmental conservation as the official\nstate agency with the responsibility to plan for present and future\ndemands on the state's forest resources and declares that the department\nshall conduct a program of long range comprehensive forest resource\nplanning which planning program shall include the periodic preparation\nof a forest resources assessment and the periodic development of a\nforest resources plan.\n
N.Y. PBA Law § 1196-P — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-P
Construction and purchase contracts
Status: in_force

§ 1196-p. Construction and purchase contracts. An authority shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of an\nauthority to do any construction directly by the officers, agents and\nemployees of the authority.\n
N.Y. EDN Law § 6832 — New York Code / Act EDN / Title 8 / Article 137 / Section 6832
Limitations on assistance of an unlicensed person
Status: in_force

§ 6832. Limitations on assistance of an unlicensed person. 1. Subject\nto the limitations set forth in subdivision two of this section, an\nunlicensed person may assist a licensed pharmacist in the dispensing of\ndrugs by:\n  (a) receiving written or electronically transmitted prescriptions,\nexcept that in the case of electronically transmitted prescriptions the\nlicensed pharmacist or pharmacy intern shall review the prescription to\ndetermine whether in his or her professional judgment it shall be\naccepted by the pharmacy, and if accepted, the licensed pharmacist or\npharmacy intern shall enter his or her initials into the records of the\npharmacy;\n  (b) typing prescription labels;\n  (c) keying prescription data for entry into a computer-generated file\nor retrieving prescription data from the file, provided that such\ncomputer-generated file shall provide for verification of all\ninformation needed to fill the prescription by a licensed pharmacist\nprior to the dispensing of the prescription, meaning that the licensed\npharmacist shall review and approve such information and enter his or\nher initials or other personal identifier into the recordkeeping system\nprior to the dispensing of the prescription or of the prescription\nrefill;\n  (d) getting drugs from stock and returning them to stock;\n  (e) getting prescription files and other manual records from storage\nand locating prescriptions;\n  (f) counting dosage units of drugs;\n  (g) placing dosage units of drugs in appropriate containers;\n  (h) affixing the prescription label to the containers;\n  (i) preparing manual records of dispensing for the signature or\ninitials of the licensed pharmacist;\n  (j) handing or delivering completed prescriptions to the patient or\nthe person authorized to act on behalf of the patient and, in accordance\nwith the relevant commissioner's regulations, advising the patient or\nperson authorized to act on behalf of the patient of the availability of\ncounseling to be conducted by the licensed pharmacist or pharmacy\nintern; and\n  (k) performing other functions as defined by the commissioner's\nregulations.\n  2. Except for a licensed pharmacist employed by a facility licensed in\naccordance with article twenty-eight of the public health law or a\npharmacy owned and operated by such a facility, as defined in article\none hundred thirty-seven-A of this title, no licensed pharmacist shall\nobtain the assistance of more than four unlicensed persons, in the\nperformance of the activities that do not require licensure, the total\nof such persons shall not exceed four individuals at any one time.\nPharmacy interns shall be exempt from such ratios, but shall be\nsupervised in accordance with the commissioner's regulations.\nIndividuals who are responsible for the act of placing drugs which are\nin unit-dose packaging into medication carts as part of an approved\nunit-dose drug distribution system for patients in institutional\nsettings shall be exempt from such ratio, provided that such individuals\nare not also engaged in performing the activities set forth in paragraph\n(b), (c), (d), (e), (f), (g), (h) or (i) of subdivision one of this\nsection. The licensed pharmacist shall provide the degree of supervision\nof such persons as may be appropriate to ensure compliance with the\nrelevant provisions of regulations of the commissioner.\n
N.Y. PBA Law § 2932 — New York Code / Act PBA / Article 9 / Title 8 / Section 2932
Internal audit responsibilities
Status: in_force

§ 2932. Internal audit responsibilities. 1. The governing board of\neach covered authority or its designee shall determine, and periodically\nreview the determination of, whether an internal audit function within\nthe covered authority is required. Establishment of such function shall\nbe based upon an evaluation of exposure to risk, costs and benefits of\nimplementation, and any other factors that are determined to be\nrelevant. In the event it is determined that an internal audit function\nis required, the governing board of each covered authority shall\nestablish an internal audit function which operates in accordance with\ngenerally accepted professional standards for internal auditing. Any\nsuch internal audit function shall be directed by an internal audit\ndirector who shall report directly to the governing board of the\nauthority. Internal audit director appointments shall be based on\nappropriate internal auditing credentials of the proposed appointee,\nconsistent with generally accepted standards for internal auditing,\nincluding internal auditing education and experience. The internal audit\nfunction shall evaluate the authority's internal controls and\noperations, identify internal control weaknesses that have not been\ncorrected and make recommendations to correct these weaknesses.\n  2. In the event the governing board does not establish an internal\naudit function pursuant to subdivision one of this section it shall\nnevertheless establish and maintain the program of internal control\nreview required by section twenty-nine hundred thirty-one of this title.\n
N.Y. EDN Law § 8212 — New York Code / Act EDN / Title 8 / Article 160 / Section 8212
Practice of acupuncture and use of title "licensed acupuncturist" or "certified acupuncturist"
Status: in_force

§ 8212. Practice of acupuncture and use of title "licensed\nacupuncturist" or "certified acupuncturist".  Only a person licensed or\nauthorized pursuant to section eighty-two hundred fourteen of this\narticle or certified pursuant to section eighty-two hundred sixteen of\nthis article shall practice acupuncture.  Only a person licensed\npursuant to section eighty-two hundred fourteen of this article shall\nuse the title "licensed acupuncturist" and only a person certified\npursuant to section eighty-two hundred sixteen of this article shall use\nthe title "certified acupuncturist".\n
N.Y. EDN Law § 6705-A — New York Code / Act EDN / Title 8 / Article 135 / Section 6705-A
Emergency veterinarian service; limited liability
Status: in_force

§ 6705-a. Emergency veterinarian service; limited liability.\nNotwithstanding any inconsistent provision of any general, special or\nlocal law, any licensed veterinarian who  voluntarily, and without the\nexpectation of monetary compensation, renders first aid or emergency\ntreatment to an animal that is ill or injured at the scene of an\naccident or other emergency, outside of an animal hospital, clinic,\nveterinarian's office or other place having proper and necessary\nequipment for the practice of veterinary medicine, shall not be liable\nfor damages for injuries alleged to have been sustained by such animal\nor for damages for the death of such animal alleged to have occurred by\nreason of an act or omission in the rendering of such first aid or\nemergency treatment unless it is established that such injuries were or\nsuch death was caused by gross negligence on the part of such\nveterinarian. Nothing in this section shall be deemed or construed to\nrelieve a licensed veterinarian from liability for damages for injuries\nor death caused by an act or omission on the part of a veterinarian\nwhile rendering professional services in the normal and ordinary course\nof his or her business.\n
N.Y. EDN Law § 6542 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6542
Performance of medical services
Status: in_force

§ 6542. Performance of medical services. 1. Notwithstanding any other\nprovision of law, a physician assistant may perform medical services,\nbut only when under the supervision of a physician and only when such\nacts and duties as are assigned to such physician assistant are within\nthe scope of practice of such supervising physician.\n  2. Supervision shall be continuous but shall not be construed as\nnecessarily requiring the physical presence of the supervising physician\nat the time and place where such services are performed.\n  3. No physician shall employ or supervise more than six physician\nassistants in such physician's private practice at one time.\n  4. Nothing in this article shall prohibit a hospital from employing\nphysician assistants, provided that they work under the supervision of a\nphysician designated by the hospital and not beyond the scope of\npractice of such physician. The numerical limitation of subdivision\nthree of this section shall not apply to services performed in a\nhospital.\n  5. Notwithstanding any other provision of this article, nothing shall\nprohibit a physician employed by or rendering services to the department\nof corrections and community supervision under contract from supervising\nno more than eight physician assistants in such physician's practice for\nthe department of corrections and community supervision at one time.\n  6. Notwithstanding any other provision of law, a trainee in an\napproved program may perform medical services when such services are\nperformed within the scope of such program.\n  7. A physician assistant may prescribe and order a non-patient\nspecific regimen to a registered professional nurse, pursuant to\nregulations promulgated by the commissioner, and consistent with the\npublic health law, for:\n  (a) administering immunizations.\n  (b) the emergency treatment of anaphylaxis.\n  (c) administering purified protein derived (PPD) tests or other tests\nto detect or screen for tuberculosis infections.\n  (d) administering tests to determine the presence of the human\nimmunodeficiency virus.\n  (e) administering tests to determine the presence of the hepatitis C\nvirus.\n  (f) the urgent or emergency treatment of opioid related overdose or\nsuspected opioid related overdose.\n  (g) screening of persons at increased risk of syphilis, gonorrhea, and\nchlamydia.\n  (h) administering electrocardiogram tests to detect signs and symptoms\nof acute coronary syndrome.\n  (i) administering point-of-care blood glucose tests to evaluate acute\nmental status changes in persons with suspected hypoglycemia.\n  (j) administering tests and intravenous lines to persons that meet\nsevere sepsis and septic shock criteria.\n  (k) administering tests to determine pregnancy.\n  * (l) administering tests to determine the presence of COVID-19 or its\nantibodies or influenza virus.\n  * NB Repealed July 1, 2030\n  8. Nothing in this article, or in article thirty-seven of the public\nhealth law, shall be construed to authorize physician assistants to\nperform those specific functions and duties specifically delegated by\nlaw to those persons licensed as allied health professionals under the\npublic health law or this chapter.\n
N.Y. EDN Law § 6813 — New York Code / Act EDN / Title 8 / Article 137 / Section 6813
Seizure: 1
Status: in_force

§ 6813. Seizure: 1. Any drug, device or cosmetic that is adulterated,\nmisbranded or may not be sold under the provisions of this chapter, may\nbe seized on petition or complaint of the board and condemned in the\nsupreme court of any county in which it is found. Seizure shall be made:\n  a. by process pursuant to the petition or complaint, or\n  b. if the secretary or other officer designated by him has probable\ncause to believe that the article\n  (1) is one which may not be sold under the provisions of section\nsixty-eight hundred seventeen of this chapter, or\n  (2) is adulterated, or\n  (3) is so misbranded as to be dangerous to health.\nThe article shall be seized by order of such officer. The order shall\ndescribe the article to be seized, the place where the article is\nlocated, and the officer or employee making the seizure. The officer, in\nlieu of taking actual possession, may affix a tag or other appropriate\nmarking to the article giving notice that the article has been\nquarantined and warning all persons not to remove or dispose of it by\nsale or otherwise until permission for removal or disposal is given by\nthe officer or the court. In case of seizures or quarantine, pursuant to\nsuch order, the jurisdiction of such court shall attach upon such\nseizure or quarantine, and a petition or complaint for condemnation\nshall be filed promptly.\n  2. The procedure for cases under this section shall conform as much as\npossible to the procedure for attachment. Any issue of fact joined in\nany case under this section shall be tried by jury on the demand of\neither party. The court at any time after seizure and up to the time of\ntrial shall allow by order any party or his agent or attorney to obtain\na representative sample of the condemned material, a true copy of the\nanalysis on which the proceeding was based, and the identifying marks or\nnumbers, if any, on the packages from which the samples analyzed were\nobtained.\n  3. Any drug, device or cosmetic condemned under this section shall be\ndisposed of by destruction or sale as the court may direct after the\ndecree in accordance with the provisions of this section. The proceeds\nof the sale, if any, shall be paid into the state treasury after\ndeduction for legal costs and charges. However, the drug, device or\ncosmetic shall not be sold contrary to the provisions of this article.\nAfter entry of the decree, if the owner of the condemned articles pays\nthe costs of the proceeding and posts a sufficient bond as security that\nthe articles will not be disposed of contrary to the provisions of this\narticle, the court may by order direct that the seized articles be\ndelivered to the owner to be destroyed or brought into conformance with\nthis article under supervision of the secretary. The expenses of the\nsupervision shall be borne by the person obtaining the release under\nbond. Any drug condemned by reason of its being a new drug which may not\nbe sold under this article shall be disposed of by destruction.\n  4. When the decree of condemnation is entered, court costs and fees,\nstorage and other expense shall be awarded against the person, if any,\nintervening as claimant of the condemned articles.\n  5. In any proceeding against the board, or the secretary, or an agent\nof either, because of seizure, or quarantine, under this section, the\nboard, or the secretary, or such agent shall not be liable if the court\nfinds that there was probable cause for the acts done by them.\n