N.Y. EDN Law § 7605 — New York Code / Act EDN / Title 8 / Article 153 / Section 7605
Exempt persons
Status: in_force

§ 7605. Exempt persons. Nothing in this article shall be construed to\naffect or prevent:\n  * 1. The activities, services, and use of the title of psychologist,\nor any derivation thereof, on the part of a person in the employ of a\nfederal, state, county or municipal agency, or other political\nsubdivision, or a chartered elementary or secondary school or\ndegree-granting educational institution insofar as such activities and\nservices are a part of the duties of such salaried position; or on the\npart of a person in the employ as a certified school psychologist on a\nfull-time or part-time salary basis, which may include on an hourly,\nweekly, or monthly basis, or on a fee for evaluation services basis\nprovided that such person employed as a certified school psychologist is\nemployed by and under the dominion and control of a preschool special\neducation program approved pursuant to paragraph b of subdivision nine\nor subdivision nine-a of section forty-four hundred ten of this chapter\nto provide activities, services and to use the title "certified school\npsychologist", so long as this shall not be construed to permit the use\nof the title "licensed psychologist", to students enrolled in such\napproved program or to conduct a multidisciplinary evaluation of a\npreschool child having or suspected of having a disability, where each\nsuch preschool special education program is authorized by paragraph a of\nsubdivision six of section sixty-five hundred three-b of this title in\nthe course of their employment. Nothing in this subdivision shall be\nconstrued to authorize a certified school psychologist or group of such\nschool psychologists to engage in independent practice or practice\noutside of an employment relationship.\n  * NB Effective until June 30, 2028\n  * 1. The activities, services, and use of the title of psychologist,\nor any derivation thereof, on the part of a person in the employ of a\nfederal, state, county or municipal agency, or other political\nsubdivision, or a chartered elementary or secondary school or\ndegree-granting educational institution insofar as such activities and\nservices are a part of the duties of his salaried position.\n  * NB Effective June 30, 2028\n  2. The activities and services required of a student, intern, or\nresident in psychology, pursuing a course of study leading to a doctoral\ndegree in psychology in an institution approved by the department,\nprovided that such activities and services constitute a part of his\nsupervised course of study in psychology. Such persons shall be\ndesignated by title as "psychological intern", "psychological trainee"\nor other such title which clearly indicates his training status.\n  3. The practice, conduct, activities or services by any person\nlicensed or otherwise authorized to practice medicine within the state\npursuant to article one hundred thirty-one of this title or by any\nperson registered to perform services as a physician assistant within\nthe state pursuant to article one hundred thirty-one-B of this title.\n  4. The practice, conduct, activities, or services by any person\nlicensed or otherwise authorized to practice nursing as a registered\nprofessional nurse or nurse practitioner within the state pursuant to\narticle one hundred thirty-nine of this title or by any person licensed\nor otherwise authorized to practice social work within the state\npursuant to article one hundred fifty-four of this title, or by any\nperson licensed or otherwise authorized to practice mental health\ncounseling, marriage and family therapy, creative arts therapy, or\npsychoanalysis within the state pursuant to article one hundred\nsixty-three of this title, or any person licensed or otherwise\nauthorized to practice applied behavior analysis within the state\npursuant to article one hundred sixty-seven of this title or any\nindividual who is credentialed under any law, including attorneys, rape\ncrisis counselors, certified alcoholism counselors, and certified\nsubstance abuse counselors from providing mental health services within\ntheir respective established authorities.\n  5. The conduct, activities, or services of any member of the clergy or\nChristian Science practitioner, in the provision of pastoral counseling\nservices within the context of his or her ministerial charge or\nobligation.\n  6. The conduct, activities, or services of individuals, churches,\nschools, teachers, organizations, or not-for-profit businesses in\nproviding instruction, advice, support, encouragement, or information to\nindividuals, families, and relational groups.\n  7. The practice, conduct, activities, or services of an occupational\ntherapist from performing work consistent with article one hundred\nfifty-six of this title.\n  8. The representation as a psychologist and the rendering of services\nas such in this state for a temporary period of a person who resides\noutside the state of New York and who engages in practice as a\npsychologist and conducts the major part of his practice as such outside\nthis state, provided such person has filed with the department evidence\nthat he has been licensed or certified in another state or has been\nadmitted to the examination in this state pursuant to section\nseventy-six hundred three of this article. Such temporary period shall\nnot exceed ten consecutive business days in any period of ninety\nconsecutive days or in the aggregate exceed more than fifteen business\ndays in any such ninety-day period.\n  9. The provision of psychotherapy as defined in subdivision two of\nsection eighty-four hundred one of this title to the extent permissible\nwithin the scope of practice of psychology, by any not-for-profit\ncorporation or education corporation providing services within the state\nof New York and operating under a waiver pursuant to section sixty-five\nhundred three-a of this title, provided that such entities offering\npsychology services shall only provide such services through an\nindividual appropriately licensed or otherwise authorized to provide\nsuch services or a professional entity authorized by law to provide such\nservices.\n  10. (a) A person without a license from: performing assessments\nincluding but not limited to basic information collection, gathering of\ndemographic data, and informal observations, screening and referral used\nfor general eligibility for a program or service and determining the\nfunctional status of an individual for the purpose of determining need\nfor services; advising individuals regarding the appropriateness of\nbenefits they are eligible for; providing general advice and guidance\nand assisting individuals or groups with difficult day to day problems\nsuch as finding employment, locating sources of assistance, and\norganizing community groups to work on a specific problem; providing\npeer services; selecting for suitability and providing substance abuse\ntreatment services or group re-entry services to incarcerated\nindividuals in state correctional facilities; or providing substance\nabuse treatment services or re-entry services to incarcerated\nindividuals in local correctional facilities.\n  (b) A person without a license from creating, developing or\nimplementing a service plan or recovery plan that is not a behavioral\nhealth diagnosis or treatment plan. Such service or recovery plans shall\ninclude, but are not limited to, coordinating, evaluating or determining\nthe need for, or the provision of the following services: job training\nand employability; housing; homeless services and shelters for homeless\nindividuals and families; refugee services; residential, day or\ncommunity habilitation services; general public assistance; in home\nservices and supports or home-delivered meals; recovery supports; adult\nor child protective services including investigations; detention as\ndefined in section five hundred two of the executive law; prevention and\nresidential services for victims of domestic violence; services for\nrunaway and homeless youth; foster care, adoption, preventive services\nor services in accordance with an approved plan pursuant to section four\nhundred four of the social services law, including, adoption and foster\nhome studies and assessments, family service plans, transition plans,\npermanency planning activities, and case planning or case management as\nsuch terms are defined in the regulations of the office of children and\nfamily services; residential rehabilitation; home and community based\nservices; and de-escalation techniques, peer services or skill\ndevelopment.\n  (c)(i) A person without a license from participating as a member of a\nmulti-disciplinary team to assist in the development of or\nimplementation of a behavioral health services or treatment plan;\nprovided that such team shall include one or more professionals licensed\nunder this article or articles one hundred thirty-one, one hundred\nthirty-nine, one hundred fifty-four or one hundred sixty-three of this\nchapter; and provided, further, that the activities performed by members\nof the team shall be consistent with the scope of practice for each team\nmember licensed or authorized under title VIII of this chapter, and\nthose who are not so authorized may not engage in the following\nrestricted practices: the diagnosis of mental, emotional, behavioral,\naddictive and developmental disorders and disabilities; patient\nassessment and evaluating; the provision of psychotherapeutic treatment;\nthe provision of treatment other than psychotherapeutic treatment; or\nindependently developing and implementing assessment-based treatment\nplans as defined in section seventy-seven hundred one of this title.\n  (ii) For the purposes of this paragraph, "assist" shall include, but\nnot be limited to, the provision or performance of the following tasks,\nservices, or functions by an individual who has obtained the training\nand experience required by the applicable state oversight agency to\nperform such task, service or function in facilities or programs\noperating pursuant to article nineteen-G of the executive law; articles\nseven, sixteen, thirty-one or thirty-two of the mental hygiene law; or\ntitle three of article seven of the social services law:\n  (1) helping an individual with the completion of forms or\nquestionnaires;\n  (2) reviewing existing case records and collecting background\ninformation about an individual which may be used by the licensed\nprofessional or multi-disciplinary team;\n  (3) gathering and reporting information about previous behavioral\nhealth interventions, hospitalizations, documented diagnosis, or prior\ntreatment for review by the licensed professional and multi-disciplinary\nteam;\n  (4) discussing with the individual his or her situation, needs,\nconcerns, and thoughts in order to help identify services that support\nthe individual's goals, independence, and quality of life;\n  (5) providing advice, information, and assistance to individuals and\nfamily members to identify needs and available resources in the\ncommunity to help meet the needs of the individual or family member;\n  (6) engaging in immediate and long-term problem solving, engaging in\nthe development of social skills, or providing general help in areas\nincluding, but not limited to, housing, employment, child care,\nparenting, community based services, and finances;\n  (7) distributing paper copies of self-administered tests for the\nindividual to complete when such tests do not require the observation\nand judgment of a licensed professional;\n  (8) monitoring treatment by the collection of written and/or\nobservational data in accordance with the treatment plan and providing\nverbal or written reports to the multi-disciplinary team;\n  (9) identifying gaps in services and coordinating access to or\narranging services for individuals such as home care, community based\nservices, housing, employment, transportation, child care, vocational\ntraining, or health care;\n  (10) offering education programs that provide information about\ndisease identification and recommended treatments that may be provided,\nand how to access such treatment;\n  (11) reporting on behavior, actions, and responses to treatment by\ncollecting written and/or observational data as part of a\nmulti-disciplinary team;\n  (12) using de-escalation techniques consistent with appropriate\ntraining;\n  (13) performing assessments using standardized, structured interview\ntools or instruments;\n  (14) directly delivering services outlined in the service plan that\nare not clinical in nature but have been tailored to an individual based\non any diagnoses such individual may have received from a licensed\nprofessional; and\n  (15) advocating with educational, judicial or other systems to protect\nan individual's rights and access to appropriate services.\n  (d) Provided, further, that nothing in this subdivision shall be\nconstrued as requiring a license for any particular activity or function\nbased solely on the fact that the activity or function is not listed in\nthis subdivision.\n  11. The conduct, activities or services of a technician to administer\nand score standardized objective (non-projective) psychological or\nneuropsychological tests which have specific predetermined and\nmanualized administrative procedures which entail observing and\ndescribing test behavior and test responses, and which do not require\nevaluation, interpretation or other judgments; provided, however, that\nsuch technician shall: (i) hold no less than a Bachelor's degree in\npsychology or a related field; (ii) undergo a process of regular\ntraining by a licensed psychologist, which shall include, but not be\nlimited to a minimum of eighty total hours of (a) professional ethics,\n(b) studying and mastering information from test manuals, and (c) direct\nobservation of a licensed psychologist or trained technician\nadministering and scoring tests, in addition to a minimum of forty total\nhours of administering and scoring tests in the presence of a licensed\npsychologist or trained technician, provided such interaction with the\nlicensed psychologist equals or exceeds fifty percent of the total\ntraining time; (iii) be under the direct and ongoing supervision of a\nlicensed psychologist in no greater than a 3:1 ratio or the part time\nequivalent thereto; (iv) not be employed within a school setting and (v)\nnot select tests, analyze patient data or communicate results to\npatients. The supervising licensed psychologist must submit, pursuant to\na form to be prescribed and developed within ninety days of the\neffective date of this subdivision by the department, a sworn statement\ndetailing compliance with the above requirements. The licensed\npsychologist's use of such individual pursuant to the terms of this\nsubdivision shall be undertaken only with special care and professional\njudgment in order to ensure the safety and well-being of the patient\nconsidering the severity of the symptoms, the age of the patient and the\nlength of the examination process, and shall include appropriate ongoing\ncontact with the licensed psychologist at appropriate intervals. Such\nuse shall be subject to the full disciplinary and regulatory authority\nof the board of regents and the department pursuant to this title. The\nlicensed psychologist must notify the patient or designated health care\nsurrogate that the licensed psychologist may utilize the services of a\ntechnician to administer certain exams, and must provide the patient or\ndesignated health care surrogate the opportunity to object to the\nlicensed psychologist's plan to utilize a technician.\n  12. Notwithstanding any other provision of law to the contrary,\nnothing in this article shall be construed to prohibit or limit the\nactivities or services provided under this article by any person who is\nemployed or who commences employment in a program or service operated,\nregulated, funded, or approved by the department of mental hygiene, the\noffice of children and family services, or a local governmental unit as\nthat term is defined in section 41.03 of the mental hygiene law or a\nsocial services district as defined in section sixty-one of the social\nservices law on or before two years from the date that the regulations\nissued in accordance with section six of part Y of chapter fifty-seven\nof the laws of two thousand eighteen appear in the state register or are\nadopted, whichever is later. Such prohibitions or limitations shall not\napply to such employees for as long as they remain employed by such\nprograms or services and whether they remain employed by the same or\nother employers providing such programs or services. Provided, however,\nthat any person who commences employment in such program or service\nafter such date and performs services that are restricted under this\narticle shall be appropriately licensed or authorized under this\narticle. Each state oversight agency shall create and maintain a process\nto verify employment history of individuals exempt under this\nsubdivision.\n  13. The activities or services provided by a person with a master's\nlevel degree in psychology or its equivalent, working under the\nsupervision of a licensed psychologist in a program or service operated,\nregulated, funded, or approved by the department of mental hygiene, the\noffice of children and family services, or a local government unit as\nthat term is defined in section 41.03 of the mental hygiene law or a\nsocial services district as defined in section sixty-one of the social\nservices law.\n
N.Y. EDN Law § 6906 — New York Code / Act EDN / Title 8 / Article 139 / Section 6906
Requirements for a license as a licensed practical nurse
Status: in_force

§ 6906. Requirements for a license as a licensed practical nurse. To\nqualify for a license as a licensed practical nurse, an applicant shall\nfulfill these requirements:\n  (1) Application: file an application with the department;\n  (2) Education: have received an education including completion of high\nschool or its equivalent, and have completed a program in practical\nnursing, in accordance with the commissioner's regulations, or\ncompletion of equivalent study satisfactory to the department in a\nprogram conducted by the armed forces of the United States or in an\napproved program in professional nursing;\n  (3) Experience: meet no requirement as to experience;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations, provided, however, that\nthe educational requirements set forth in subdivision two of this\nsection are met prior to admission for the licensing examination;\n  (5) Age: be at least seventeen years of age;\n  (6) Citizenship: meet no requirements as to United States citizenship;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of one hundred fifteen dollars to the department\nfor admission to a department conducted examination and for an initial\nlicense, a fee of forty-five dollars for each reexamination, a fee of\nseventy dollars for an initial license for persons not requiring\nadmission to a department conducted examination, and a fee of fifty\ndollars for each triennial registration period.\n  * (9) In conjunction with and as a condition of each triennial\nregistration, the department shall ask and a licensed practical nurse\nshall indicate whether the licensed practical nurse is or has previously\nbeen authorized as an advanced home health aide pursuant to subdivision\ntwo of section sixty-nine hundred eight of this article. The department\nshall provide responses to the department of health and the department\nof health shall include such information in reports related to advanced\nhome health aides.\n  * NB Repealed March 31, 2029\n
N.Y. SOS Law § 442 — New York Code / Act SOS / Article 6 / Title 8 / Section 442
Child care review service; establishment, operations and procedure
Status: in_force

§ 442. Child care review service; establishment, operations and\nprocedure. 1. The department, in consultation with the advisory\ncommittee, shall establish and operate a child care review service to\naccomplish the purposes of this title, for all children who are in the\ncare of an authorized agency and shall make such regulations as are\nappropriate to implement this title.\n  2. The service shall be implemented with respect to all children under\nthe age of twenty-one years for whom an authorized agency is providing\nfoster care as defined in subdivision (c) of section one thousand\neighty-seven of the family court act and for whom an application is\npending to an authorized agency for foster care.\n  3. The department is authorized to enter into agreements with any\nperson, firm, organization or association for the whole or any part of\nthe design or operation of the service as described in this title. Any\nsuch agreements shall specify that such person, firm, corporation or\nassociation shall safeguard the confidentiality of information received\nor maintained by the service, in the same manner, and will remain\nsubject to the same confidentiality requirements, as the department. In\naddition, any such agreement shall require such person, firm,\ncorporation or association to comply with other applicable federal and\nstate laws protecting the confidentiality of the information received or\nmaintained by the service.\n  4. The service shall collect, maintain, update, and distribute, as\nprovided in this title, information from each authorized agency to\nfurther the purpose of this title.\n  5. The service may request from any authorized agency, and such agency\nshall submit to the service all information, including updating of\ninformation, in the form and manner and at such times as the department\nmay require that is appropriate to the purposes and operation of the\nservice.\n  6. Information to be submitted to or collected by the service,\npursuant to subdivisions four and five, shall, to the extent possible,\nbe in compatible form so as to facilitate the making of public policy\ndecisions relating to child care programs supported by public funds and\nadministered by various state, local and voluntary agencies.\n  7. In designing the service, the department, in consultation with the\nadvisory committee, shall review all information reporting forms and\nfinancial claims forms, and shall make every effort to consolidate and,\nwhere appropriate, eliminate duplicative claiming and information\nreporting forms in order to develop uniform statewide claiming forms and\ninformation reporting forms.\n  8. Subject to regulations of the department the service shall:\n  (a) prepare and make available on a regular basis to each authorized\nagency such data as they may require to meet the purposes of this title;\n  (b) issue regular reports setting forth aggregate statewide and local\nstatistical data with appropriate analyses, but not including individual\nidentifying information; and\n  (c) issue reports as to the capabilities of the service and the types\nof information maintained by the service.\n  9. The department in consultation with the advisory committee shall\nprepare and submit an annual report to the governor and the legislature\nas part of the annual report required to be filed prior to the fifteenth\nday of December of each year by subdivision (d) of section seventeen of\nthis chapter on its progress in the development and operation of the\nservice, including any significant problems encountered or anticipated\nin the design and operation of the service and any recommendations for\nadministrative or legislative changes that would further the purposes of\nthis title.\n  10. The state child care review service established pursuant to this\ntitle shall design and implement a system to:\n  (a) monitor all financial claims made by social services districts for\neach child in foster care and child and family in receipt of preventive\nservices pursuant to title four of this chapter;\n  (b) compile and maintain a cumulative record of information with\nrespect to actions taken on behalf of each individual child throughout\nhis or her length of stay in foster care;\n  (c) compile and maintain information on actions taken by local social\nservices districts to initiate judicial proceedings as provided by\nsection three hundred fifty-eight-a of this chapter and to comply with\njudicial orders made pursuant to section one thousand eighty-nine of the\nfamily court act, to refer legally free children to the state adoption\nservice pursuant to section three hundred seventy-two-c of this chapter,\nand to comply with the provisions of section four hundred nine-e of this\narticle and the regulations of the office of children and family\nservices promulgated thereunder; and\n  (e) compile and maintain comparative data for authorized agencies\nincluding, but not limited to, characteristics and numbers of children\nentering care and their families, admissions practices, delineated\nreasons for initial and continued placement or provision of preventive\nor child protective services, length of stay in care, length of time in\nreceipt of preventive services or child protective services, foster care\nreentry rates, number of children discharged to parents and relatives,\nthe characteristics, numbers and rates of children leaving foster care\nthrough adoption, costs of care and preventive services and other\ninformation indicative of authorized agency performance.\n
N.Y. RSS Law § 361 — New York Code / Act RSS / Article 8 / Title 8 / Section 361
Accidental death benefit
Status: in_force

§ 361. Accidental death benefit. a. An accidental death benefit and\nthe reserve-for-increased-take-home-pay shall be payable upon the death\nof a member if, upon application, filed within five years after the\ndeath of such member the comptroller shall determine, on the basis of\nthe evidence, that such member:\n  1. Died before the effective date of his retirement, as the natural\nand proximate result of an accident sustained in the performance of duty\nin the service upon which his membership was based, and\n  2. Did not cause such accident by his own willful negligence, and\n  3. At the time of such accident was actually a member of the police\nand fire retirement system.\nWhere the claimant is an infant or is mentally or physically\nincapacitated, and because of the aforesaid disability application for\naccidental death benefit is not filed within the time specified by this\nsubdivision, or where a person entitled to make a claim dies before the\nexpiration of the time so specified, the comptroller in his or her\ndiscretion may grant leave to file such application within a reasonable\ntime after the expiration of the time specified in this subdivision.\n  Notwithstanding the provisions of section two hundred forty-two, two\nhundred forty-three or two hundred forty-four of the military law or the\nprovisions of any other law to the contrary and solely for the purpose\nof determining eligibility for an accidental death benefit and/or\nspecial accidental death benefit, a member shall be considered to have\ndied as the natural and proximate result of an accident sustained in the\nperformance of duty provided such member was on the payroll in the\nservice upon which membership is based at the time he or she was ordered\nto active duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code\nand died while on such active duty or service in the uniformed services\non or after June fourteenth, two thousand five.\n  b. The accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable from the pension\nreserve fund. Such accidental death benefit shall consist of a pension\nof one-half of the member's final average salary. The payment of such\npension shall be subject to the provisions of section three hundred\nsixty-four of this article. The reserve-for-increased-take-home-pay\nshall be paid in a lump sum to those entitled thereto in accordance with\nsubdivision d of this section. The member's accumulated contributions\nshall be refunded in accordance with subdivision d of section three\nhundred fifty-one of this article.\n  c. The accidental death benefit payable pursuant to this section on\naccount of a member whose:\n  1. Service was on other than a full-time basis at the time of his\ndeath, and\n  2. Death was the natural and proximate result of an accident sustained\nwhile a member and while in the performance of duty, shall be equal to\nthe benefit that would be paid on account of such member were his\nservice on a full-time basis.\n  d. The pension on account of accidental death and the\nreserve-for-increased-take-home-pay shall be paid to:\n  1. The member's widow or widower to continue during his or her\nlifetime.  If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die before all his or her children shall have\nattained age eighteen, or if students, before all of his or her children\nshall have attained age twenty-three, or sooner die, then to\n  2. His or her child or children under age eighteen, or, if students,\nhis or her children under age twenty-three, divided in such manner as\nthe comptroller, in his discretion, shall determine. Such pension shall\ncontinue as a joint and survivor pension until every such child shall\nhave attained age eighteen, or, if a student, shall have attained age\ntwenty-three, or sooner die. If no widow or widower or child under age\neighteen, or, if a student, under age twenty-three, shall survive such\nmember, at the time of his or her death, then to\n  3. His or her dependent father or dependent mother, as he or she shall\nhave nominated by written designation duly acknowledged and filed with\nthe comptroller. Such pension shall continue for the life of the parent\nso designated. If there be no such designation, then to\n  4. His or her dependent father or dependent mother, as the\ncomptroller, in his discretion, shall determine. Such pension shall\ncontinue for the life of the parent so elected.\n  For purposes of this subdivision, student shall mean a person enrolled\nin an accredited institution of higher education for at least twelve\nsemester hours for a semester of not less than fifteen weeks, inclusive\nof examination periods; or eight semester hours a quarter; or, in\nprograms not organized on a semester or quarter basis, twenty-four\nsemester hours for an academic year of not more than twelve months or\nthe equivalent, as determined by the commissioner of education. A\nstudent shall be considered full-time for a program organized on an\nacademic-year basis only if the student has filed a plan of study with\nthe institution for the entire academic year.\n
N.Y. VAT Law § 1696 — New York Code / Act VAT / Title 8 / Article 44-B / Section 1696
Driver and vehicle requirements
Status: in_force

§ 1696. Driver and vehicle requirements. 1. (a) At all times, an\nindividual acting as a TNC driver shall be permitted by the TNC as\nfollows:\n  (i) The individual shall submit an application to the TNC, which shall\ninclude information regarding his or her address, age, driver's license,\nmotor vehicle registration, automobile liability insurance, and other\ninformation required by the TNC;\n  (ii) The TNC shall conduct, or have a third party conduct, a criminal\nbackground check for each applicant in accordance with section sixteen\nhundred ninety-nine of this article and that shall review whether the\napplicant:\n  (A) is listed on the New York state sex offender registry pursuant to\narticle six-C of the correction law; and\n  (B) is a match in the United States Department of Justice National Sex\nOffender Public Website;\n  (iii) The TNC shall obtain and review, or have a third party obtain\nand review, a driving history research report for such individual.\n  (b) The TNC shall not permit an applicant where such applicant:\n  (i) fails to meet all qualifications pursuant to section sixteen\nhundred ninety-nine of this article;\n  (ii) is a match in the United States Department of Justice National\nSex Offender Public Website;\n  (iii) is listed on the sex offender registry pursuant to article six-C\nof the correction law;\n  (iv) does not possess a valid New York driver's license;\n  (v) does not possess proof of registration for the motor vehicles used\nto provide TNC prearranged trips;\n  (vi) does not possess proof of automobile liability insurance for the\nmotor vehicles used to provide TNC prearranged trips as a TNC vehicle;\nor\n  (vii) is not at least nineteen years of age.\n  (c) Upon review of all information received and retained by the TNC\nand upon verifying that the individual is not disqualified pursuant to\nthis section from receiving a TNC driver permit, a TNC may issue a TNC\ndriver permit to the applicant. The TNC shall review all information\nreceived relating to such applicant and hold such information for six\nyears along with a certification that such applicant qualifies to\nreceive a TNC driver permit.\n  (d) (i) A TNC that issues a TNC driver's permit pursuant to this\nsection shall participate in the New York License Event Notification\nService (LENS) established by the department to obtain timely notice\nwhen any of the following violations are added to a TNC driver's driving\nrecord:\n  (A) unlawfully fleeing a police officer in a motor vehicle in\nviolation of sections 270.25, 270.30 or 270.35 of the penal law;\n  (B) reckless driving in violation of section one thousand two hundred\ntwelve of this chapter;\n  (C) operating while license or privilege is suspended or revoked in\nviolation of section five hundred eleven of this chapter, excluding\nsubdivision seven of such section;\n  (D) operating a motor vehicle under the influence of alcohol or drugs\nin violation of section one thousand one hundred ninety-two of this\nchapter; and\n  (E) leaving the scene of an incident without reporting in violation of\nsubdivision two of section six hundred of this chapter.\n  (ii) The department may promulgate regulations authorizing additional\nLENS notifications as the commissioner deems necessary to protect public\nhealth and safety.\n  (iii) Upon such notice, a TNC may suspend or revoke any TNC driver's\npermit and revoke access to the TNC digital network, only after\nconsidering the number or severity of any such violations, including\nsuch factors as required by this article for obtaining a TNC permit,\nwhen necessary to protect public health and safety. If, however, such a\nnotice provides that an applicant has been convicted of a disqualifying\ncrime pursuant to section sixteen hundred ninety-nine of this article\nsuch TNC driver's access to the TNC digital network and such TNC\ndriver's permit shall both immediately be suspended or revoked. Upon\nsuch revocation or suspension pursuant to this section, the TNC shall\nprovide the driver with a copy of the LENS record used to make such\ndetermination.\n  (e) No person shall operate a TNC vehicle or operate as a TNC driver\nunless such person holds a valid TNC driver permit issued pursuant to\nthis section. A violation of this paragraph shall be a traffic\ninfraction punishable by a fine of not less than seventy-five nor more\nthan three hundred dollars, or by imprisonment for not more than fifteen\ndays, or by both such fine and imprisonment.\n  (f) The names and identifying information of TNC drivers provided\npursuant to paragraph (d) of this subdivision shall be considered\ninformation, which if disclosed, would constitute an unwarranted\ninvasion of personal privacy under the provisions of article six of the\npublic officers law.\n  2. A TNC shall implement a zero-tolerance policy regarding a TNC\ndriver's activities while accessing the TNC's digital network. Such\npolicy shall address the issue of operating a vehicle under the\ninfluence of alcohol or drugs while a TNC driver is providing TNC\nprearranged trips or is logged onto the TNC's digital network but is not\nproviding TNC prearranged trips, and the TNC shall provide notice of\nthis policy on its digital network, as well as procedures to report a\ncomplaint about a TNC driver with whom a TNC prearranged trip was\ncommenced and whom the passenger reasonably suspects was operating a\nvehicle under the influence of alcohol or drugs during the course of the\nTNC prearranged trip.\n  3. (a) A TNC shall adopt a policy of non-discrimination on the basis\nof destination, race, color, national origin, religious belief, practice\nor affiliation, sex, disability, age, sexual orientation, or genetic\npredisposition with respect to passengers and potential passengers and\nnotify TNC drivers of such policy.\n  (b) TNC drivers shall comply with all applicable laws regarding\nnon-discrimination against passengers or potential passengers on the\nbasis of destination, race, color, national origin, religious belief,\npractice or affiliation, sex, disability, age, sexual orientation, or\ngenetic predisposition with respect to passengers and potential\npassengers and notify TNC drivers of such policy.\n  (c) TNC drivers shall comply with all applicable laws relating to\naccommodation of service animals.\n  (d) A TNC shall implement and maintain a policy and an oversight\nprocess of providing accessibility to passengers or potential passengers\nwith a disability and accommodation of service animals as such term is\ndefined in section one hundred twenty-three-b of the agriculture and\nmarkets law and shall to the extent practicable adopt findings\nestablished by the New York state TNC accessibility task force adopted\npursuant to section twenty-one of the chapter of the laws of two\nthousand seventeen that added this section. A TNC shall not impose\nadditional charges for providing services to persons with physical\ndisabilities because of those disabilities.\n  (e) The New York state division of human rights shall be authorized to\naccept, review and investigate any potential or actual violations of\nthis subdivision in a form and manner consistent with authority under\narticle fifteen of the executive law and shall notify the department,\nupon a finding of a violation, for purposes of permit suspension.\n  4. A TNC shall require that any or all motor vehicles that a TNC\ndriver will use as a TNC vehicle to provide TNC prearranged trips meets\napplicable New York state vehicle safety and emissions requirements, as\nset forth in section three hundred one of this chapter, or the vehicle\nsafety and emissions requirements of the state in which the vehicle is\nregistered.\n  5. The department shall promulgate regulations to ensure that each TNC\nvehicle is easily identified as such and that the TNC for which the TNC\ndriver is providing the TNC service or TNC prearranged trip is\ndistinguishable. Such marking shall be in such form as is approved by\nthe commissioner, and shall be attached, affixed or displayed in such\nmanner as he or she may prescribe by regulation.\n
N.Y. EDN Law § 6607 — New York Code / Act EDN / Title 8 / Article 133 / Section 6607
Practice of dental hygiene and use of title "dental hygienist"
Status: in_force

§ 6607. Practice of dental hygiene and use of title "dental\nhygienist". Only a person licensed under section sixty-six hundred nine\nof this article or exempt shall practice dental hygiene or use the title\n"dental hygienist".\n
N.Y. LFN Law § 104.10 — New York Code / Act LFN / Article 2 / Title 8 / Section 104.10
Additional limitations on the power to contract indebtedness
Status: in_force

§ 104.10 Additional limitations on the power to contract indebtedness.\nIn addition to the other limitations of this chapter on the power to\ncontract indebtedness:\n  1. Any municipality, school district or district corporation shall be\nsubject to the limitations contained in any law requiring such\nmunicipality, school district or district corporation to adopt, whether\nor not as a part of an annual budget, a budget of the capital projects\nwhich it may undertake, continue, complete or acquire during the twelve\nmonths' period for which such budget is adopted.\n  2. Any county operating under an alternative form of government which\nprovides for the establishment of a county debt commission may establish\nsuch a commission for the regulation, pursuant to such law, of the\ncontracting of indebtedness by such county and the units of government\nwithin such county.\n  3. Any town which\n  (a) Is wholly or partly within the Adirondack park, and\n  (b) Has within its boundaries state lands subject to taxation assessed\nat more than thirty per centum of the total taxable assessed valuation\nof such town as determined from the assessment rolls of the town, as\ncompleted from time to time, shall not issue its bonds, bond\nanticipation notes, capital notes or budget notes if by doing so the\namount of its outstanding indebtedness evidenced by bonds, bond\nanticipation notes, capital notes, budget notes and certificates of\nindebtedness, plus the amount of the indebtedness proposed to be\nincurred, shall exceed five percent of such town's revenues for the last\nyear the state comptroller has such data or one hundred thousand dollars\nwhichever is the lesser; provided, however, such obligations may be\nissued originally by any such town upon the duly verified petition of\nthe owners of at least sixty-five per centum of the taxable real\nproperty therein, as such real property appears on the last preceding\ncompleted assessment-roll of such town, or upon the certificate of the\nstate comptroller consenting, on behalf of the state, to the original\nissuance of such obligations. For the purposes of any such petition, the\nstate comptroller may act on behalf of the state. The state comptroller\nshall annually calculate the dollar amount equal to five percent of such\ntown's total revenue for the last year the comptroller has such data on\nfile. Such bonds shall be refunded only pursuant to the provisions of\nsection 90.00 or 90.10 of this chapter. Such bond anticipation notes,\ncapital notes and budget notes may be renewed as provided in sections\n23.00, 28.00 and 29.00 of this chapter, respectively. The consent of the\nstate comptroller shall not be required under this subdivision in any\nsuch town in connection with the issuance of obligations for the\npurposes of an improvement district if they are issued in accordance\nwith the statement of the proposed manner of financing an improvement as\nset forth in an application to the state comptroller made pursuant to\nsection one hundred ninety-four of the town law and in compliance with\nthe terms or conditions, if any, of the order of the state comptroller\nmade pursuant to such section. Likewise, such consent shall not be\nrequired under this subdivision in connection with the issuance of\nobligations for the purpose of financing an expenditure in a town\nimprovement district where the expenditure has been approved by the\nstate comptroller.\n  4. Any town which, without first obtaining the permission of the state\ncomptroller, shall have established or extended an improvement district\nprior to September first, nineteen hundred forty-five, or which shall\nestablish or extend any such district after August thirty-first,\nnineteen hundred forty-five, shall not issue its bonds, bond\nanticipation notes or capital notes for the purposes of any such\ndistrict or extension, except for improvements undertaken pursuant to\nsections one hundred ninety-nine, two hundred two-b of the town law, and\nsection 222.5 of the Nassau county civil divisions act, and except when\nthe cost of the district or extension to the typical property or, if\ndifferent, the cost to the typical one or two family home is not above\nthe average cost threshold as may be annually computed by the state\ncomptroller pursuant to section one hundred ninety-four or two hundred\nnine-f of the town law, unless it secure the permission of the state\ncomptroller, granted upon a written application signed and verified by\nthe supervisor or such other officer of the town as the town board shall\ndetermine. Any such application shall include:\n  (a) A certified copy of the petition for the creation of the district\n(omitting, however, the signatures and acknowledgements or proofs);\n  (b) An itemized statement of the then outstanding indebtedness of the\ntown for all purposes as evidenced by bonds, bond anticipation notes,\ncapital notes and budget notes; the amount of joint indebtedness\ncontracted or incurred for a joint service or a joint water, sewage or\ndrainage project and the amount of such indebtedness allocated and\napportioned to the town, as defined in title one-a of the local finance\nlaw; the amount of the indebtedness proposed to be contracted for the\nimprovement; the amount of budgetary appropriations for the payment of\nany such indebtedness, whether or not such appropriations have been\nrealized as cash, and the amounts, purposes and probable dates of\nissuance of any bonds, bond anticipation notes, capital notes and budget\nnotes which the town has authorized to be issued but which in fact have\nnot been issued on the date of such application;\n  (c) A statement of the aggregate assessed valuation of the real\nproperty in the district, as such assessed valuations are shown on the\nlast completed assessment roll of the town prior to the date of such\napplication; and\n  (d) A statement of the average full valuation of the taxable real\nproperty of the town. Such average full valuation shall be determined by\ntaking the assessed valuation of the taxable real property of the town\nas it appears on the assessment roll of the town which was last\ncompleted prior to the date of the application, and such valuations as\nthey appear on each of the four preceding rolls; dividing the amount for\neach such roll by the equalization rate established for it for the\nassessment of special franchises by the state officer or agency\nauthorized to establish such rates; adding the quotients thus obtained,\nand dividing the sum thereof by five; and\n  (e) A certified copy of the resolution authorizing the issuance of the\nobligations in connection with which the application is made.\n  The state comptroller in his discretion may require the submission of\nadditional information in such form and detail as he shall deem\nsufficient, or may cause an investigation to be made, to aid him in\nmaking the determinations herein required. Any such application may be\namended prior to any final determination. If the state comptroller shall\ndetermine (1) that the issuance of the obligations will not cause an\nundue burden upon the property of the district, and (2) that amount of\nthe indebtedness of the town for all purposes as evidenced by bonds,\nbond anticipation notes, capital notes and budget notes, plus the amount\nof the indebtedness proposed to be incurred for the improvement\ndistrict, less the amount of budgetary appropriations for the payment of\nany such indebtedness, whether or not such appropriations have been\nrealized as cash, as of the date of the application filed with the state\ncomptroller, will not exceed fifteen per centum of the average full\nvaluation of the taxable real property of the town he shall grant such\napplication; otherwise, it shall be denied. Such average full valuation\nshall be determined in the manner provided in this subdivision. If any\nsuch application shall be granted by the state comptroller, it shall not\nbe necessary to apply to the state comptroller under the provisions of\nsubdivision three of this section for his consent to the issuance of the\nobligations described in the application made pursuant to this\nsubdivision. There shall be excluded from the amount of indebtedness to\nbe considered by the state comptroller in making such determination any\nindebtedness allocated or apportioned or proposed by all the\nparticipating municipal corporations to be allocated or apportioned to\nany municipal corporation other than such town in accordance with the\nprovisions of section 15.10 of the local finance law.\n  5. Any town, in any county now or hereafter operating under an\noptional form of government, shall not let any contract or incur any\nindebtedness whatsoever for any capital improvement for any improvement\ndistrict therein for which such town intends to issue obligations unless\nit shall have first secured the consent of the finance board of such\ncounty to the issuance of such obligations. Whenever any such town\nintends to issue obligations for such a purpose, it shall present a\npetition to the finance board of such county, setting forth the\nimprovement proposed and the amounts and type or types of obligations to\nbe issued and requesting the approval of such county for the issuance of\nthe obligations. The finance board of such county within sixty days\nafter the presentation of such petition, by resolution, shall either\napprove or disapprove of the issuance of such obligations and shall\nforward a certified copy of such resolution to the town board of such\ntown.\n  6. Any fire district which is situated in whole or in part in a town\nwhich is wholly or partly within the Adirondack park and has within the\ntown boundaries state lands subject to taxation assessed at more than\nthirty per centum of the total taxable assessed valuation of the town as\ndetermined from the assessment rolls of the town, as completed from time\nto time, shall not issue its bonds, bond anticipation notes, capital\nnotes or budget notes if by doing so the amount of outstanding\nindebtedness evidenced by bonds, bond anticipation notes, budget notes\nand certificates of indebtedness, plus the amount of the indebtedness\nproposed to be incurred shall exceed five percent of such district's\nrevenues for the last year the comptroller has such data or one hundred\nthousand dollars whichever is the lesser unless the state comptroller,\non behalf of the state, shall consent thereto.\n  7. The total amount of bonds or capital notes which may be authorized\nin any fiscal year of the municipal corporation, school district or\ndistrict corporation to finance advance planning pursuant to section\nninety-nine-d of the general municipal law shall not exceed the maximum\namount of budget notes which it may issue in such year pursuant to\nsubdivision two or three of paragraph a of section 29.00 of this\nchapter, as the case may be, provided, however, that for the purposes of\nthis subdivision, amounts which are to be paid in the first instance\nfrom improvement district assessments shall be included in computing\n"the amount of the annual budget" of a town or a county in accordance\nwith section 29.00 of this chapter.\n
N.Y. PBA Law § 1199-N — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 1199-n. Exemption from taxes, assessments and certain fees. 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 county and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities, or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf. The construction, use, occupation or\npossession of any property owned by the authority or the county,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and other properties and activities of the\nauthority shall be exempt from taxes and governmental fees or charges,\nwhether imposed by the state or any municipality, including real estate\ntaxes, franchise taxes, sales taxes or other excise taxes.\n  3. The state hereby covenants with the purchaser 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 shall be exempt from taxation, as\naforestated in subdivision two of this section, and that all revenues,\nmoneys, and other property pledged to secure the payment of such bonds\nshall at all times be free from such taxation as aforestated in such\nsubdivision.\n
N.Y. EDN Law § 8808 — New York Code / Act EDN / Title 8 / Article 167 / Section 8808
State board for applied behavior analysis
Status: in_force

§ 8808. State board for applied behavior analysis. 1. A state board\nfor applied behavior analysis shall be appointed by the board of regents\nupon the recommendation of the commissioner and shall assist on matters\nof licensing and professional conduct in accordance with section\nsixty-five hundred eight of this title. An executive secretary of the\nboard shall be appointed by the board of regents upon the recommendation\nof the commissioner.\n  2. The board shall consist of seven individuals, to be composed of the\nfollowing:\n  (a) Three licensed behavior analysts;\n  (b) One certified behavior analyst assistant;\n  (c) One licensed psychologist, who may currently prescribe treatment\ninvolving applied behavior analysis in his or her professional practice;\nand\n  (d) Two public representatives, as defined in paragraph b of\nsubdivision one of section sixty-five hundred eight of this title.\n
N.Y. RSS Law § 73 — New York Code / Act RSS / Article 2 / Title 8 / Section 73
Discontinued service after twenty years
Status: in_force

§ 73. Discontinued service after twenty years. a. Persons who last\nbecame members before April eighth, nineteen hundred forty-three.\n  1. A person who last became a member before April eighth, nineteen\nhundred forty-three, and who is discontinued from service while a\nmember, through no fault or delinquency on his part, may elect to\nreceive his accumulated contributions or a retirement allowance pursuant\nto the provisions of paragraph two, three, four or five of this\nsubdivision a, as the case may be, if:\n  (a) He shall have completed twenty years of total service, and\n  (b) During the six months immediately preceding such discontinuance,\nhe shall have been in paid service continuously, regularly and without\ninterruption.\nThe provisions of subparagraph (b) of this paragraph one shall not apply\nto legislative employees or laborers who have served as such for at\nleast parts of each of the two years immediately preceding such\ndiscontinuance.\n  2. A retirement allowance granted pursuant to the provisions of this\nsubdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of:\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus\n  (2) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension, beginning at age sixty of\none-one hundred fortieth of his final average salary multiplied by the\nnumber of years for which he has member service credit.\n  3. If, in addition, the member has attained age forty-five, the\nretirement allowance granted pursuant to this subdivision a shall\nconsist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of:\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus fifty per centum of the difference\nbetween such pension and the pension that would be allowable to him for\nsuch service if he were age sixty, plus\n  (2) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-one hundred fortieth of his final average salary multiplied by the\nnumber of years for which he has member service credit, plus fifty per\ncentum of the difference between such pension and the pension that would\nbe allowable to him for such service if he were age sixty.\n  4. If the member is age forty-five, and in addition, has been at any\ntime, continuously employed for twenty years or more, the retirement\nallowance granted pursuant to this subdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of:\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus the difference between such pension\nand the pension that would be allowable to him for such service if he\nwere age sixty, plus\n  (2) A pension which is the actuarial equivalent at his age at the time\nof such discontinuance of a pension beginning at age sixty of one-one\nhundred fortieth of his final average salary multiplied by the number of\nyears for which he has member service credit plus the difference between\nsuch pension and the pension that would be allowable to him for such\nservice if he were age sixty.\n  5. If the member shall have attained age fifty and has been, at any\ntime, continuously employed for twenty-five years or more the retirement\nallowance granted pursuant to this subdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which together with the annuity,\nshall equal the retirement allowance which would be payable had the\nmember reached age sixty at the time of discontinuance from such\nservice.\n  6. Time during which a member was:\n  (a) Absent on leave without pay after January first, nineteen\ntwenty-one, or\n  (b) On a preferred eligible list pursuant to section eighty-one of the\ncivil service law or former section thirty-one of such law and after\nsuch date, or\n  (c) Rendering paid or unpaid services to the state or to a\nparticipating employer prior to May twentieth, nineteen hundred\nfifty-five, for not to exceed four months immediately prior to which and\nimmediately subsequent to which he was in an employment on the basis of\nwhich he contributed to the retirement system,\nshall not constitute an interruption of continuous employment. Such\ntime, however, shall not be counted or included in determining the\nlength of his total service.\n  b. Persons who last became members on or after April eighth, nineteen\nhundred forty-three.\n  1. A person who last became a member on or after April eighth,\nnineteen hundred forty-three, and who is discontinued from service while\na member, through no fault or delinquency on his part, may elect to\nreceive his accumulated contributions or a retirement allowance pursuant\nto the provisions of paragraph two of this subdivision b if:\n  (a) He shall have completed twenty years of total service, and\n  (b) During the six months immediately preceding such discontinuance,\nhe shall have been in paid service continuously, regularly and without\ninterruption.\nThe provisions of subparagraph (b) of this paragraph one shall not apply\nto legislative employees or laborers who have served as such for at\nleast parts of each of the two years immediately preceding such\ndiscontinuance.\n  2. A retirement allowance granted pursuant to the provisions of this\nsubdivision b shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall be composed of one or\nmore of the following parts:\n  (1) One which is the actuarial equivalent, at his age at the time of\nsuch discontinuance, of a pension, beginning at age sixty, of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus\n  (2) One which is the actuarial equivalent, at his age at the time of\nsuch discontinuance, of one-one hundred fortieth of his final average\nsalary multiplied by the number of years for which he has member service\ncredit, plus\n  (3) If the member shall have attained age fifty, one which equals\nfifty per centum of the difference between the pension payable to him\npursuant to items one and two of this subparagraph (c) and the pension\nthat would be allowable to him were he age sixty.\n  3. Application shall be made for a discontinued service retirement\nallowance pursuant to this subdivision b in the same manner and subject\nto the same conditions which govern applications and elections for\nsuperannuation retirement allowances.\n
N.Y. EDN Law § 6549-B — New York Code / Act EDN / Title 8 / Article 131-C / Section 6549-B
Regulations
Status: in_force

§ 6549-b. Regulations. The commissioner may promulgate such other\nregulations as are necessary to carry out the purposes of this article.\n
N.Y. EDN Law § 7601 — New York Code / Act EDN / Title 8 / Article 153 / Section 7601
Practice of psychology and use of the title "psychologist"
Status: in_force

§ 7601. Practice of psychology and use of the title "psychologist".\nOnly a person licensed or otherwise authorized under this article shall\nbe authorized to practice psychology or to use the title "psychologist"\nor to describe his or her services by use of the words "psychologist",\n"psychology" or "psychological" in connection with his or her practice.\n
N.Y. EDN Law § 6956 — New York Code / Act EDN / Title 8 / Article 140 / Section 6956
Prior nurse-midwifery certification
Status: in_force

§ 6956. Prior nurse-midwifery certification.  Any individual who is\ncertified as a nurse-midwife pursuant to section twenty-five hundred\nsixty of the public health law before June first, nineteen hundred\nninety-six, shall be deemed to be licensed as a midwife under this\narticle; provided that each such certified nurse-midwife shall, prior to\nthat date, submit evidence of such certification to the department\ntogether with the appropriate fee required by subdivision seven of\nsection sixty-nine hundred fifty-five of this article. Any individual\ncertified as a nurse-midwife pursuant to section twenty-five hundred\nsixty of the public health law (i) may practice under that section until\nit is repealed, but (ii) shall not practice pursuant to this article\nuntil after receiving approval from the commissioner and submitting the\nfee required by subdivision seven of section sixty-nine hundred\nfifty-five of this article.\n
N.Y. EDN Law § 6506 — New York Code / Act EDN / Title 8 / Article 130* / Section 6506
Supervision by the board of regents
Status: in_force

§ 6506. Supervision by the board of regents. The board of regents\nshall supervise the admission to and the practice of the professions. In\nsupervising, the board of regents may:\n  (1) Promulgate rules, except that no rule shall be promulgated\nconcerning article 131-A of this chapter;\n  (2) Establish by rule, high school, preprofessional, professional and\nother educational qualifications required for licensing in the\nprofessions regulated by this title;\n  (3) Charter schools offering educational programs for the professions\nregulated by this title, and no such school shall operate in this state\nwithout such a charter, except Columbia University, any school chartered\nby special act of the legislature prior to September one, nineteen\nhundred seventy-one, and schools specifically authorized to conduct such\nprograms by the regents;\n  (4) Appoint such committees as it deems necessary and compensate\nmembers of such committees who are not members of the board of regents\nor the department up to one hundred dollars per day for each day devoted\nto committee functions, together with their necessary expenses;\n  (5) Waive education, experience and examination requirements for a\nprofessional license prescribed in the article relating to the\nprofession, provided the board of regents shall be satisfied that the\nrequirements of such article have been substantially met;\n  (6) Indorse a license issued by a licensing board of another state or\ncountry upon the applicant fulfilling the following requirements:\n  (a) Application: file an application with the department;\n  (b) Education: meet educational requirements in accordance with the\ncommissioner's regulations;\n  (c) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (d) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (e) Age: be at least twenty-one years of age;\n  (f) Citizenship or immigration status: be a United States citizen or a\nnoncitizen lawfully admitted for permanent residence in the United\nStates;\n  (g) Character: be of good moral character as determined by the\ndepartment; and\n  (h) Prior professional conduct: where an application is submitted for\nlicensure endorsement in any profession regulated by this title and the\nboard of regents determines that while engaged in practice in another\njurisdiction the applicant: (i) has been subject to disciplinary action\nby a duly authorized professional disciplinary agency of such other\njurisdiction, where the conduct upon which the disciplinary action was\nbased would, if committed in New York state, constitute practicing the\nprofession beyond its authorized scope, with gross incompetence, with\ngross negligence on a particular occasion, or with negligence or\nincompetence on more than one occasion under the laws of New York state,\nor (ii) has voluntarily or otherwise surrendered his or her professional\nlicense in another jurisdiction after a disciplinary action was\ninstituted by a duly authorized professional disciplinary agency of such\nother jurisdiction, based on conduct that would, if committed in New\nYork state, constitute practicing the profession beyond its authorized\nscope, with gross incompetence, with gross negligence on a particular\noccasion, or with negligence or incompetence on more than one occasion\nunder the laws of New York state, the board of regents shall evaluate\nthe conduct and may deny licensure endorsement to the applicant based on\nsuch conduct;\n  (7) Direct the department to remedy any error, omission, delay or\nother circumstance in the issuance or registration of a license;\n  (8) Designate a professional conduct officer, who shall be the chief\nadministrative officer of the office of the professions, or his\ndesignee, in connection with professional licensing and misconduct\nproceedings and criminal matters, such officer to be empowered to issue\nsubpoenas and administer oaths in connection with such proceedings;\n  (9) Establish by rule, standards of conduct with respect to\nadvertising, fee splitting, practicing under a name other than that of\nthe individual licensee (when not specifically authorized), proper use\nof academic or professional degrees or titles tending to imply\nprofessional status, and such other ethical practices as such board\nshall deem necessary, except that no rule shall be established\nconcerning article 131-A of this chapter; and\n  (10) Delegate to department officers the disposition of any licensing\nmatters pursuant to rules.\n
N.Y. PML Law § 1367-A — New York Code / Act PML / Article 13 / Title 8 / Section 1367-A
Mobile sports wagering
Status: in_force

§ 1367-a. Mobile sports wagering. 1. (a) Except as provided in this\nsubdivision, the terms in this section shall have the same meanings as\nsuch terms are defined in subdivision one of section thirteen hundred\nsixty-seven of this title.\n  (b) "Mobile sports wagering operator" for purposes of this section,\nmeans a mobile sports wagering operator as defined by section thirteen\nhundred sixty-seven of this title.\n  2. (a) No entity shall administer, manage, or otherwise make available\na mobile sports wagering platform to persons located in New York state\nunless licensed with the commission pursuant to this section.\n  (b) Licenses issued by the commission shall remain in effect for up to\nten years. The commission shall establish a process for renewal.\n  (c) The commission shall publish a list of all casinos and mobile\nsports wagering licensees licensed to offer mobile sports wagering in\nNew York state pursuant to this section on the commission's website for\npublic use.\n  (d) All sports wagers through electronic communication placed in\naccordance with this section are considered placed or otherwise made\nwhen and where received by the mobile sports wagering licensee on such\nmobile sports wagering licensee's server or other equipment used to\naccept mobile sports wagering at a licensed gaming facility, regardless\nof the authorized sports bettor's physical location within the state at\nthe time the sports wager is placed; and provided further that the\nintermediate routing of electronic data in connection with mobile sports\nwagering shall not determine the location or locations in which a wager\nis initiated, received or otherwise made.\n  3. As a condition of licensure the commission shall require that each\nplatform provider authorized to conduct mobile sports wagering pay a\none-time fee of twenty-five million dollars. Such fee shall be paid\nwithin thirty days of gaming commission approval prior to license\nissuance and deposited into the state lottery fund for education aid.\n  4. (a) As a condition of licensure, each mobile sports wagering\noperator shall implement the following measures:\n  (i) limit each authorized sports bettor to one active account on their\nplatform, and prevent anyone they know, or should have known to be a\nprohibited sports bettor from maintaining accounts or participating in\nany sports wagering offered by such mobile sports wagering operator;\n  (ii) adopt appropriate safeguards to ensure, to a reasonable degree of\ncertainty, as defined by rules and regulations promulgated by the\ncommission, that authorized sports bettors are physically located within\nthe state when engaging in mobile sports wagering;\n  (iii) prohibit minors from participating in any sports wagering\npursuant to rules and regulations promulgated by the commission;\n  (iv) when referencing the chances or likelihood of winning in\nadvertisements or upon placement of a sports wager, make clear and\nconspicuous statements that are not inaccurate or misleading concerning\nthe chances of winning and the number of winners;\n  (v) permit any authorized sports bettor to permanently close an\naccount registered to such bettor, on any and all platforms supported by\nsuch mobile sports wagering operator, at any time and for any reason;\n  (vi) offer introductory procedures for authorized sports bettors, that\nshall be prominently displayed on the main page of such mobile sports\nwagering operator platform, that explain sports wagering;\n  (vii) implement measures to protect the privacy and online security of\nauthorized sports bettors and their accounts;\n  (viii) offer all authorized sports bettors access to his or her\naccount history and account details;\n  (ix) ensure authorized sports bettors' funds are protected upon\ndeposit and segregated from the operating funds of such mobile sports\nwagering operator and otherwise protected from corporate insolvency,\nfinancial risk, or criminal or civil actions against such mobile sports\nwagering operator;\n  (x) list on each website, in a prominent place, information concerning\nassistance for compulsive play in New York state, including a toll-free\nnumber directing callers to reputable resources containing further\ninformation, which shall be free of charge;\n  (xi) ensure no sports wagering shall be based on a prohibited sports\nevent;\n  (xii) permit account holders to establish self-exclusion gaming limits\non a daily, weekly, and monthly basis that enable the account holder to\nidentify the maximum amount of money an account holder may deposit\nduring such period of time;\n  (xiii) when an account holder's lifetime deposits exceed two thousand\nfive hundred dollars, the mobile sports wagering operator shall prevent\nany wagering until the patron immediately acknowledges that the account\nholder has met the deposit threshold and may elect to establish\nresponsible gaming limits or close the account, and the account holder\nhas received disclosures from the mobile sports wagering operator\nconcerning problem gambling resources. Once a patron has reached their\nlifetime deposit, such patron shall annually make the acknowledgement\nrequired by this paragraph;\n  (xiv) maintain a publicly accessible internet page dedicated to\nresponsible play, a link to which must appear on the mobile sports\nwagering operator's website and in any mobile application or electronic\nplatform on which a bettor may place wagers. The responsible play page\nshall include: a statement of the mobile sports wagering operator's\npolicy and commitment to responsible gaming; information regarding, or\nlinks to information regarding, the risks associated with gambling and\nthe potential signs of problem gaming; the availability of self-imposed\nresponsible gaming limits; a link to a problem gaming webpage maintained\nby the office of addiction services and supports; and such other\ninformation or statements as the commission may require by rule; and\n  (xv) submit annually a problem gaming plan that was approved by the\ncommission in consultation with the office of addiction services and\nsupports that includes: the objectives of and timetables for\nimplementing the plan; identification of the persons responsible for\nimplementing and maintaining the plan; procedures for identifying users\nwith suspected or known problem gaming behavior; procedures for\nproviding information to users concerning problem gaming identification\nand resources; procedures to prevent gaming by minors and self-excluded\npersons; and such other problem gaming information as the commission may\nrequire by rule.\n  (b) No entity shall directly or indirectly operate an unlicensed\nsports wagering platform in the state of New York, or advertise or\npromote such unlicensed platform to persons located in the state of New\nYork.\n  (c) Mobile sports wagering licensees shall not offer any sports\nwagering based on any prohibited sports event.\n  (d) Mobile sports wagering licensees shall not permit sports wagering\nby anyone they know, or should have known, to be a prohibited sports\nbettor.\n  (e) Advertisements for contests and prizes offered by a mobile sports\nwagering operator shall not target prohibited sports bettors, minors, or\nself-excluded persons.\n  (f) Mobile sports wagering operators shall develop and prominently\ndisplay procedures on the main page of such mobile sports wagering\noperator's platform for the filing of a complaint by an authorized\nsports bettor against such mobile sports wagering operator. An initial\nresponse shall be given by such mobile sports wagering operator to such\nbettor filing the complaint within forty-eight hours. A complete\nresponse shall be given by such mobile sports wagering operator to such\nbettor filing the complaint within ten business days. An authorized\nsports bettor may file a complaint alleging a violation of the\nprovisions of this article with the commission.\n  (g) Mobile sports wagering licensees shall maintain records of all\naccounts belonging to authorized sports bettors and retain such records\nof all transactions in such accounts for the preceding five years;\nprovided however that such records belonging to an authorized sports\nbettor shall be readily accessible and downloadable, without cost, by\nsuch authorized sports bettor.\n  (h) The server or other equipment which is used by a mobile sports\nwagering licensee to accept mobile sports wagering shall be physically\nlocated in the licensed gaming facility and be limited to sports\nwagering related activities in accordance with regulations promulgated\nby the commission.\n  (i) All mobile sports wagering initiated in this state shall be deemed\nto take place at the licensed gaming facility where the server or other\nequipment used by a mobile sports wagering licensee to accept mobile\nsports wagering is located, regardless of the authorized sports bettor's\nphysical location within this state.\n  (j) All mobile sports wagering shall be conducted in compliance with\nthis section and section thirteen hundred sixty-seven of this title.\n  5. (a) Subject to regulations promulgated by the commission, a mobile\nsports wagering operator may allow for authorized bettors to sign up to\ncreate and fund accounts on its mobile sports wagering platform.\n  (b) Authorized sports bettors may deposit and withdraw funds to and\nfrom their account on a mobile sports wagering operator through\nelectronically recognized payment methods, including but not limited to\ncredit cards and debit cards, or via any other means approved by the\ncommission; provided however, that in the case of credit card payments,\neach authorized sports bettor's account per operator shall be limited to\na credit card spending amount of two thousand five hundred dollars per\nyear; and provided further, that this limitation shall not apply to\nother payment methods or to debit cards. No operator shall be authorized\nto provide a line of credit to any authorized sports bettor.\n  6. The commission, in conjunction with the office of addiction\nservices and supports, shall annually cause a report to be prepared and\ndistributed to the governor and the legislature on the impact of mobile\nsports wagering on problem gamblers in New York, including, to the\nextent practicable, an analysis of demographics which are\ndisproportionately impacted by the problem gambling. The costs\nassociated with the preparation and distribution of the report shall be\nborne by mobile sports wagering licensees and the commission shall be\nauthorized to assess a fee against mobile sports wagering licensees for\nthese purposes. The commission, or in the case that an independent\nintegrity monitor has been established, such independent integrity\nmonitor shall also report biannually to the governor and the legislature\non the effectiveness of the statutory and regulatory controls in place\nto ensure the integrity of mobile sports wagering operations.\n  7. A platform provider may be licensed by the commission only after\nhaving been selected for potential licensure by the commission following\na competitive bidding process in which the commission shall issue a\nrequest for applications no later than July first, two thousand\ntwenty-one; provided however, that the deadline for submission of\napplications shall be no later than thirty days after the date upon\nwhich the commission issues such request for applications.\n  (a) The commission shall select platform providers based upon the\ncriteria set forth in this section no later than one hundred fifty days,\nto the extent practicable, after the final application is received. The\ncommission may disqualify applicants from licensure consideration if the\napplicant or the mobile sports wagering operator or operators included\nin their bid have not satisfied provision of required application\ninformation, fail to meet any platform provider and mobile sports\nwagering operator eligibility criteria established pursuant to the\nrequest for applications, or are deemed by the commission to have not\nsatisfied the criteria pursuant to subdivision five of this section.\n  (a-1) The commission shall publish on its website the criteria that\nwill be used to score applications based upon the criteria set forth in\nparagraph (c) of this subdivision; provided however, that such scoring\nmethodology shall award additional points to an applicant that has\nentered into an agreement that includes revenue sharing related to such\nmobile sports wagering with compacted Native American tribe(s) or\nnation(s).\n  (b) The commission shall determine the form of application for\nbidders, which shall require, at a minimum, the following information:\n  (i) Different scenarios for the number of platform providers and\nnumber of mobile sports wagering operators licensed by the commission.\nFor each scenario, this shall include estimates of mobile sports\nwagering gross gaming revenue and the bases for such estimates, the\npercentage of gross revenue from mobile sports wagering the applicant\nwill pay to the state for the privilege of licensure if chosen, and the\npercentage of overall mobile sports wagering gross gaming revenue\nestimated to be generated;\n  (ii) The number of mobile sports wagering operators the applicant will\nhost on its mobile sports wagering platform, if the applicant is\nlicensed as a platform provider;\n  (iii) A description of how the applicant will use technology to ensure\nall bettors are physically within approved locations within the state,\nthat any wager is accepted through equipment physically located at a\nlicensed gaming facility and that necessary safeguards against abuses\nand addictions are in place;\n  (iv) The applicant and any associated operators such applicant\nproposes in its application possess the qualifications, capabilities and\nexperience to provide a mobile sports wagering platform;\n  (v) A list of all jurisdictions where the applicant and parent\ncompany, and mobile sports wagering operator or operators and parent\ncompany or companies have been licensed or otherwise authorized by\ncontract or otherwise to conduct sports wagering operations. This shall\ninclude the applicant and its mobile sports wagering operator or\noperators' experience in such other markets;\n  (vi) Player acquisition model, advertising and affiliate programs and\nmarketing budget, including details on how the applicant and its mobile\nsports wagering operator or operators will convert customers from\nwagering through illegal channels to wagering legally in the state;\n  (vii) Timeframe to implement mobile sports wagering from award of\nlicense;\n  (viii) The applicant and mobile sports wagering operator or operators'\ncapacity to bring authorized sports bettors into their mobile sports\nwagering platform; and\n  (ix) Integrity monitoring and reporting including any current\naffiliations related to integrity monitoring.\n  (c) In determining whether an applicant shall be eligible for a\nplatform provider license, the commission shall evaluate how each\napplicant proposes to maximize sustainable, long-term revenue for the\nstate by evaluating the following factors:\n  (i) A market analysis detailing the benefits of the applicant's bid as\nit relates to maximizing revenue to the state;\n  (ii) Estimates of mobile sports wagering gross gaming revenue\ngenerated by the applicant under different scenarios;\n  (iii) The percentage of mobile sports wagering gross gaming revenue to\nbe paid to the state under different scenarios;\n  (iv) The potential market share of the mobile sports wagering operator\nor operators under different scenarios;\n  (v) Advertising and promotional plans of the mobile sports wagering\noperator or operators;\n  (vi) Past experience and expertise in the market of the applicant and\nany mobile sports wagering operator or operators which are part of such\napplicant's application;\n  (vii) The applicant's capacity to rapidly and effectively bring\nauthorized sports bettors into its platform;\n  (viii) A demonstration of how and to what degree the applicant fosters\nracial, ethnic, and gender diversity in its workforce;\n  (ix) Timeframe to implement mobile sports wagering from award of\nlicense;\n  (x) Any other factors that could impact the integrity, sustainability\nor safety of the mobile sports wagering system; and\n  (xi) Any other factors that could impact revenue to the state.\n  (d) The commission shall award a license to each of the two highest\nscoring platform providers that submit applications; provided however,\nthat such awards shall require that both winning platform providers pay\nthe same tax rate; and provided further, that the commission shall\nrequire that no less than four mobile sports wagering operators will be\noperating in the state. The commission may award additional licenses if\nit determines that such additional awards are in the best interests of\nthe state; provided however, that any additional platform providers\nawarded licenses must also agree to pay the same tax rate as those\nplatform providers that were initially awarded licenses by the\ncommission. The award of any such license shall require each applicant\nto remit the highest percentage of gross gaming revenue from mobile\nsports wagering contained in an applicant's bid selected by the\ncommission considered for licensure. A qualified applicant shall be\nafforded the ability to revise its bid in any such manner in order for\nsuch bid to meet the percentage of gross gaming revenue from mobile\nsports wagering as required by the commission for license award,\nprovided that the bid does not incorporate any additional operators not\nalready included in the bid; and provided however that it is not\ndetermined by the commission that the revised bid no longer meets all\nrequirements and criteria established pursuant to this section and the\nrequest for applications. Any applicant that does not revise its bid to\nmeet the percentage of gross gaming revenue from mobile sports wagering\nrequired by the commission for license award shall not be awarded a\nlicense.\n
N.Y. VAT Law § 1694 — New York Code / Act VAT / Title 8 / Article 44-B / Section 1694
Disclosures
Status: in_force

§ 1694. Disclosures. A TNC shall disclose in writing to TNC drivers\nthe following before they are allowed to accept a request for a TNC\nprearranged trip on the TNC's digital network:\n  1. The insurance coverage, including the types of coverage and the\nlimits for each coverage, that the TNC provides while the TNC driver\nuses a TNC vehicle in connection with a TNC's digital network;\n  2. That the TNC driver's own automobile insurance policy might not\nprovide any coverage while the TNC driver is logged on to the TNC's\ndigital network or is engaged in a TNC prearranged trip, depending on\nits terms; and\n  3. That, if a TNC vehicle has a lien against it, then the continued\nuse of such TNC vehicle by its TNC driver without physical damage\ncoverage may violate the terms of the contract with the lienholder.\n
N.Y. EDN Law § 8853 — New York Code / Act EDN / Title 8 / Article 168 / Section 8853
Special provisions; eligibility
Status: in_force

§ 8853. Special provisions; eligibility. An individual who meets the\nrequirements for a license as a licensed pathologists' assistant except\nfor examination and education and who has been performing the duties of\na pathologists' assistant for two of the five years prior to the\neffective date of this article may be licensed without meeting\nadditional requirements, provided that such individual submits an\napplication to the department within two years of the effective date of\nthis article. For this purpose, the applicant's supervising physicians\nmust attest to the applicant's experience and competence.\n
N.Y. EDN Law § 7604 — New York Code / Act EDN / Title 8 / Article 153 / Section 7604
Limited permits
Status: in_force

§ 7604. Limited permits. 1. On recommendation of the board, the\ndepartment may issue a limited permit to practice as psychologist to an\napplicant holding a certificate or license to practice psychology issued\nby another state or country, and whose qualifications have been approved\nfor admission to the examination for a license as psychologist and who\nhas resided in this state for a period of not more than six months prior\nto the filing of such application. The limited permit shall be valid for\na period of not more than twelve months, or until ten days after\nnotification to the applicant of failure of the professional licensing\nexamination or until the results of a licensing examination for which\nthe applicant is eligible are officially released, whichever comes\nfirst.\n  1-a. On the recommendation of the board, the department may issue a\nlimited permit valid for an aggregate of three years to a person who has\ncompleted the doctoral dissertation and other doctoral degree\nrequirements and is gaining supervised experience to meet the experience\nrequirements for licensure. This permit may be re-issued for a maximum\nperiod of one year for good cause, as determined by the department.\n  2. Fees. The fee for each limited permit shall be seventy dollars.\n
N.Y. PBA Law § 1199-EEEE — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-EEEE
Powers of the authority
Status: in_force

* § 1199-eeee. Powers of the authority. Except as otherwise limited by\nthis title, the authority shall have the 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 notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n  4. To 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. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold, and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality;\n  6. To purchase or refuse to purchase, in the name of the authority,\nany water or sewerage facility, including plants, works,\ninstrumentalities or parts thereof and appurtenances thereto, lands,\neasements, rights in land and water rights, rights-of-way, contract\nrights, franchises, permits, approaches, connections, dams, wells,\npumps, reservoirs, water or sewer mains and pipe lines, pumping\nstations, treatment facilities, meters, equipment and inventory, or any\nother property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district and to pay the costs thereof; provided,\nhowever, that the authority shall have the power to purchase any source\nof supply, supply facility, water supply system, or transmission\nfacility or any part thereof situated wholly or partly without the\nterritorial limits of the district, provided the same shall be necessary\nin order to supply water within the district; and in connection with the\npurchase of such properties, the authority may assume any obligations of\nthe owner of such properties and, to the extent required by the terms of\nany indentures 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, and as a means of so acquiring for such\npurpose, the authority may purchase all of the stock of any existing\nprivately owned water corporation or company and in the case of a sale\nor other transfer of properties of a public utility corporation pursuant\nto this provision, upon the purchase of the stock of such corporation or\ncompany it shall be lawful to dissolve such corporation within a\nreasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater or sewerage facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of facilities of 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,\nowned or 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 or other persons for\nthe collection, treatment 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 take all necessary and reasonable actions within the district\nto conserve, 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  13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  14. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n  15. 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  16. To prepare a water supply emergency plan which may include, but\nnot be 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.\n  Such plan shall not be adopted until a public hearing on such plan\nshall have been held, upon not less than fourteen days' notice thereof\nto each customer, either by mail or by publication once in a newspaper\nhaving general circulation within the district; every five years, such\nplan shall be reviewed and revised if necessary after a public hearing,\nwith notice to each customer as aforesaid;\n  17. 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  18. 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  19. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district or to\ncollect, treat or discharge sewage produced within the district;\n  20. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n  21. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipality, town water district, person,\nassociation or corporation; provided, however, that water and sewerage\nservices may be sold at retail to individual consumers only within the\ndistrict and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water services in any area\nwhich is served by a water system or sewerage services in any area which\nis served by a sewerage 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 or sewerage services, as the case may be, in\nsuch served areas;\n  22. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's water supply and, subject to agreements\nwith bondholders, rules for the sale of water or collection of sewage\nand the collection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision twelve of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the county legislature\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable by fine, not exceeding fifty dollars per violation;\n  23. 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 maintenance reserves, capital reserves,\nrepair reserves, tax stabilization reserves and other contingency\nreserves, and all other obligations and indebtedness of the authority;\nprovided however, no such rates or charges shall be changed until a\npublic hearing on such changes shall have been held upon not less than\nfourteen days notice thereof to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\nbounds of the authority;\n  24. To 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 provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's water reserve as it is affected within and outside the\nauthority's supply area, and within the territorial limits of the\ndistrict to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system or sewerage system\nor facilities by the authority for any municipality having power to\nconstruct and develop a water supply and distribution or sewerage system\nor facilities, upon such terms and conditions as shall be determined to\nbe 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  25. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for nonpayment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water or sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a waterworks\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law;\n  26. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n  27. For the purposes of article fifteen-A of the executive law only\nthe authority shall be deemed a state agency as that term is defined in\nsuch article and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article; and\n  28. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n  * NB There are 2 § 1199-eeee's\n
N.Y. EDN Law § 6741-A — New York Code / Act EDN / Title 8 / Article 136 / Section 6741-A
Limited permits
Status: in_force

§ 6741-a. Limited permits. a. The department shall issue a limited\npermit to an applicant who meets all requirements for admission to the\ncertification examination.\n  b. All practice under a limited permit shall be under the supervision\nof a licensed physical therapist in a public hospital, an incorporated\nhospital or clinic, a licensed proprietary hospital, a licensed nursing\nhome, a public health agency, a recognized public or non-public school\nsetting, the office of a licensed physical therapist, or in the civil\nservice of the state or political subdivision thereof.\n  c. Limited permits shall be for six months and the department may for\njustifiable cause renew a limited permit provided that no applicant\nshall practice under any limited permit for more than a total of one\nyear.\n  d. Supervision of a permittee by a licensed physical therapist shall\nbe on-site supervision and not necessarily direct personal supervision.\n  e. The fee for each limited permit and for each renewal shall be fifty\ndollars.\n
N.Y. PBA Law § 1199-SS*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-SS*2
Audit and annual report
Status: in_force

* § 1199-ss. Audit and annual report. In conformity with the\nprovisions of section five of article ten of the constitution, the\naccounts of the authority shall be subject to the supervision of the\ncomptroller. The authority shall annually submit to the governor and\nstate comptroller and to the state legislature a detailed report\npursuant to the provisions of section two thousand five hundred of title\none of article nine of this chapter, and a copy of such report shall be\nfiled with the county executive. The authority shall comply with the\nprovisions of sections two thousand five hundred one, two thousand five\nhundred two, and two thousand five hundred three of title one of article\nnine of this chapter.\n  * NB There are 2 § 1199-ss's\n
N.Y. VAT Law § 1602 — New York Code / Act VAT / Title 8 / Article 35 / Section 1602
Emergency rule
Status: in_force

§ 1602. Emergency rule. (a) Whenever a police officer shall deem it\nadvisable during a fire or at the time of any accident or special\nemergency and only for such period of time as is necessitated thereby\nfor the public safety or convenience, temporarily to close any street or\npart thereof to vehicular traffic, or to vehicles of a certain\ndescription, or to divert the traffic thereof, or to divert or break a\ncourse of pedestrian traffic, such official shall have power and\nauthority to do so.\n  (b) In the event of a fire or other emergency or to expedite traffic\nor to safeguard pedestrians or property: any police officer or other\nperson empowered to regulate traffic at the scene may, to the extent\nauthorized by local law, ordinance, order, rule, regulation or\nadministrative code provision adopted by local authorities with respect\nto highways within their corporate boundaries, direct traffic as\nconditions may require notwithstanding the provisions of this chapter or\nof local laws, ordinances, orders, rules, regulations, administrative\ncode or sanitary code provisions regulating traffic; and, in addition,\noutside of cities and villages any member of the state police may direct\ntraffic as conditions may require notwithstanding the provisions of this\nchapter or of local laws, ordinances, orders, rules or regulations\nregulating traffic.\n  (c) Whenever the head of any police force or police department or the\nchief executive officer of a city, town or village shall deem it\nadvisable during a snow storm or in order to remove snow or to plow\nstreets, provided that signs or markings giving notice are posted as\nrequired by section sixteen hundred eighty-three of this chapter, such\nhead of the police force or police department or the chief executive\nofficer of a city, town or village may close any street or part thereof\nto vehicular traffic or prohibit, restrict or limit the stopping,\nstanding or parking of vehicles.\n  (d) The superintendent of the New York state police or the head of any\npolice force or police department may authorize the temporary closure of\nany street or part thereof to vehicular traffic, or to vehicles of a\ncertain description, or to divert the traffic thereof, or to divert or\nbreak a course of pedestrian traffic in the following situations:\n  1. during the time of any speed contest, exhibition of speed or\nsimilar special event which is being held pursuant to section eleven\nhundred eighty-two-a of this chapter;\n  2. during the time of the filming of any movie, commercial or similar\nevent which is being undertaken pursuant to section eleven hundred\neighty-two-b of this chapter.\n
N.Y. TWN Law § 57-A — New York Code / Act TWN / Article 3-A / Title 8 / Section 57-A
Special improvement district commissioners; abolition of office
Status: in_force

§ 57-a. Special improvement district commissioners; abolition of\noffice. 1. Except where the town board of a town shall by at least a\nthree-fourths vote of the whole number of its members taken not later\nthan July first in the year in which it adopts a resolution to become a\nsuburban town, adopt a resolution continuing such offices, the term of\nevery commissioner in any improvement district located in any suburban\ntown shall expire on the thirty-first day of December immediately\nsucceeding the January first on which any such town shall become a\nsuburban town pursuant to section fifty-a of this chapter, unless a\npetition be filed as provided herein requiring the submission to the\nqualified electors in any such district of a proposition "Shall the\noffices of commissioners be retained in the (insert the name of the\ndistrict)?" Any such petition shall be filed in the office of the town\nclerk and shall be signed, and acknowledged or proved in the same manner\nas a deed to be recorded, or authenticated in the manner provided by the\nelection law for the authentication of nominating petitions, by at least\ntwenty-five per centum, or five hundred, whichever is less, of the\nresident electors of the district qualified to vote at the last general\nelection. Any such petition must be filed not later than the first day\nof July immediately succeeding the January first on which the town\nbecame a suburban town.\n  2. The proposition for which the petition shall have been filed shall\nbe submitted to a special town election to be held not later than forty\ndays after the filing of such petition and at a place within such\ndistrict to be fixed by the town board. Notice of the election shall be\ngiven, the election held and the votes canvassed and results certified\nand returned in the manner provided in article six of this chapter\nrelating to special town elections. Every elector of the town who is a\nresident and the owner of property in such district assessed upon the\nlast preceding town assessment roll shall be entitled to vote at such\nelection.\n  3. If a majority of the votes cast on any proposition submitted as\nherein provided be in the affirmative, the provisions of article\nthirteen of this chapter shall continue to be applicable to such\ndistrict and the affairs of such district shall continue to be\nadministered in the manner therein provided. If a majority of the votes\ncast not be in the affirmative, or if no petition be filed, the\ncommissioners of such district shall (a) deliver to the town clerk not\nlater than such thirty-first day of December all the records, books and\npapers of such commissioners, (b) deliver to the supervisor all funds,\n(c) deliver to the town board all other property in their possession or\nunder their control and (d) make complete and proper accounting therefor\nto the town board.\n  4. In the event of the abolition of the office of district\ncommissioner pursuant to this section, all powers previously exercised\nby the commissioners so abolished shall thereafter be vested in and\nexercised by the town board unless otherwise provided by such board\npursuant to this chapter.\n
N.Y. ENV Law § 24-0803 — New York Code / Act ENV / Article 24 / Title 8 / Section 24-0803
Transfer of jurisdiction to local government
Status: in_force

§ 24-0803. Transfer of jurisdiction to local government.\n  1. Notwithstanding anything in article twenty-seven of the executive\nlaw to the contrary, the Adirondack park agency may transfer to a town\nor village any or all of its jurisdiction over regulated activities\nconducted upon, or land use and development or subdivision involving,\nthose wetlands located on private lands which it finds, due to their\nsize or other characteristics, are of lesser regional importance and are\nappropriately to be administered by such local governments alone.\n  2. The agency shall not transfer such jurisdiction unless the town or\nvillage (a) has adopted and implemented a local freshwater wetlands\nprotection law or ordinance or has in a local land use program provided\nby local law or ordinance for the protection of such wetlands, which law\nor ordinance:\n  (i) meets the criteria set forth in subdivision two of section 24-0501\nof this article,\n  (ii) provides for a review of regulated activities, land use and\ndevelopment and subdivision pursuant to the standards set forth in\nsubdivision two of section 24-0801 of this article, and\n  (iii) contains at a minimum land use regulations meeting the criteria\nof subdivision one of section 24-0903 of this article; and\n  (b) possesses the technical or administrative capacity to administer\nthe local law or ordinance.\n  3. In connection with a transfer of its jurisdiction pursuant to this\nsection, the agency may impose reasonable conditions in furtherance of\nthe policies and purposes of this article and of article twenty-seven of\nthe executive law.\n  4. A local government regulating wetlands pursuant to this section\nshall have the right to charge such fees and expenses to an applicant\nfor official action as shall enable it to recover the costs incurred by\nreason of such application.\n  5. The technical services of the department or the agency shall be\nmade available to towns and villages, on a fee basis, in the\nimplementation of the procedures set forth in this section.\n
N.Y. LFN Law § 107.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 107.00
Down payment
Status: in_force

§ 107.00 Down payment. a. As used in this section the term "current\nfunds" shall include:\n  1. Budgetary appropriations for capital improvements or equipment,\nwhich appropriations have not lapsed.\n  2. The proceeds of capital notes issued for the payment of the cost of\ncapital improvements or equipment.\n  3. Revenues other than real estate taxes or assessments, which have\nbeen collected or received during a fiscal year in excess of the total\namount of such revenues as estimated for such fiscal year, and surplus\nfunds and unexpended balances, which are available to be applied toward\nthe payment of the cost of capital improvements or equipment.\n  4. Capital reserve funds established pursuant to section six-c of the\ngeneral municipal law.\n  5. The trade-in allowance received for any equipment traded in as part\nof the cost of equipment being purchased.\n  Nothing herein contained shall be construed to permit the diversion of\nthe proceeds of budgetary appropriations, capital notes, or capital\nreserve funds to a purpose other than that for which such\nappropriations, capital notes, or capital reserve funds, respectively,\nwere made, issued or established.\n  b. No municipality shall:\n  1. Issue bonds or bond anticipation notes for a specific capital\nimprovement or items of equipment or several specific capital\nimprovements or items of equipment or a combination thereof, or\n  2. Make expenditures for a specific capital improvement from the\nproceeds of bonds or bond anticipation notes issued for a class or\nclasses of capital improvements or from a fund into which the proceeds\nof bonds or bond anticipation notes are paid\nunless it shall have first provided from current funds a sum of money\nsufficient to pay at least five per centum of the estimated cost of each\nsuch capital improvement or such equipment. The term "estimated cost",\nas used in this paragraph, shall not include (a) the portion of the cost\nof any capital improvement which is to be paid by the United States or\nthe state of New York or which is to be paid from funds, other than\nloans, granted to such municipality therefor by the United States or the\nstate of New York, or (b) the portion of the cost of any capital\nimprovement which is to be paid by assessments upon benefited real\nproperty in an area less than the area of the municipality.\n  c. 1. During the first fiscal year of a city commencing on or after\nJuly first, nineteen hundred forty-four, in which its debt-contracting\npower has been exhausted by more than fifty per centum and in which its\nnet indebtedness is in excess of one hundred twenty-five million\ndollars, such minimum percentage to be provided by such city from\ncurrent funds, as prescribed in paragraph b of this section, shall be\nincreased by nine per centum. Thereafter, during each succeeding fiscal\nyear such minimum percentage to be provided from current funds shall be\nincreased by two per centum over and above the minimum percentage\nrequired for the preceding fiscal year, notwithstanding any increase in\nthe amount of the debt-contracting power of any such city during such\nsucceeding fiscal years. For the purposes of this subdivision the term\n"current funds" shall include only budgetary appropriations for capital\nimprovements or equipment which appropriations have not lapsed, or the\nproceeds of capital notes issued for the payment of the cost of capital\nimprovements or equipment.\n  2. The term "net indebtedness" used in this paragraph shall mean the\ntotal net indebtedness as ascertained pursuant to section 138.00 of this\nchapter. The percentage of debt-contracting power exhausted shall be\ncomputed pursuant to the provisions of subdivision two of paragraph a of\nsection 140.00 of this chapter.\n  d. The provisions of this section shall not apply to:\n  1. Bonds to be issued to redeem bond anticipation notes previously\nissued.\n  2. Judgments, other than for capital improvements.\n  3. The following capital improvements:\n  (a) The acquisition, construction, reconstruction or equipment of or\naddition to a water supply or distribution system, whether or not\nincluding land.\n  (b) A capital improvement which the finance board by resolution\nestimates will be self-sustaining.\n  (c) The acquisition, construction or equipment of or addition to rapid\ntransit railroads, whether or not including land.\n  (d) The acquisition, construction, reconstruction or equipment of or\naddition to electric light and power or gas plants or systems, whether\nor not including land.\n  (e) The acquisition, construction, reconstruction of or addition to\ndocks, piers or wharf property, whether or not including land.\n  (f) The acquisition, construction, reconstruction of or addition to a\nbridge or a tunnel and the approaches thereto, whether or not including\nland, the cost of which is estimated to exceed ten million dollars.\n  (g) A capital improvement, the cost of which is estimated to exceed\ntwenty million dollars.\n  (h) A capital improvement, the cost of which is estimated to exceed\none million dollars and part of which cost is to be paid by assessments\nupon benefited real property in an area less than the area of the\nmunicipality.\n  (i) A capital improvement, of which at least fifty per centum of the\ncost is to be paid by assessments upon benefited real property in an\narea less than the area of the municipality, whether or not the cost of\nsuch improvement is estimated to be in excess of one million dollars.\n  (j) A capital improvement or the acquisition of equipment, when\nnecessitated by some destructive agency or to prevent the happening of a\ncalamity. The finance board, shall, by a four-fifths vote of its voting\nstrength, determine when such an emergency exists. The determination of\nthe finance board as to the existence of such an emergency shall be\nconclusive.\n  (k) The construction, reconstruction and equipment of city hospitals\nand schools, whether or not including land, if the bonds authorized for\nany such object or purpose shall have a maximum maturity not to exceed\none-half of the maximum period of probable usefulness for any such\nobject or purpose prescribed in paragraph a of section 11.00 of this\nchapter. Such maximum maturity shall be computed from the date of the\nbonds or the date of the first bond anticipation note issued in\nanticipation of such bonds, whichever date is the earlier, and shall not\nexceed fifteen years in any event.\n  (l) The acquisition, construction, reconstruction, or equipment of or\naddition to facilities for the conveyance, treatment and disposal of\nsewage, whether or not including land.\n  (m) The cost of the preparation, pursuant to section ninety-nine-d of\nthe general municipal law, of surveys, preliminary plans and detailed\nplans, specifications and estimates necessary for planning for a capital\nimprovement which it is contemplated might be undertaken in the future.\n  4. The financing by any municipality of any object or purpose, if the\nbonds authorized for any such object or purpose shall have a maximum\nmaturity not to exceed one-half of the maximum period of probable\nusefulness. Such maximum maturity shall be computed from the date of the\nbonds or the date of the first bond anticipation note issued in\nanticipation of such bonds, whichever date is the earlier, and shall not\nexceed fifteen years in any event.\n  5. The financing by any municipality of any object or purpose which\nhas a period of probable usefulness of five years, or less, as\nprescribed in paragraph a of section 11.00 of this chapter.\n  6. The financing by any municipality of any urban renewal program or\npart thereof having a period of probable usefulness determined pursuant\nto subdivision forty-one-a of section 11.00 of this chapter.\n  7. The financing by any municipality of any object or purpose which\nhas a period of probable usefulness prescribed in subdivision forty-one\nor subdivision forty-one-b of paragraph a of section 11.00 of this\nchapter.\n  8. Notwithstanding any other provision of law, the financing by the\ncity of New York prior to July first, two thousand twenty-seven of any\nobject or purpose which has a period of probable usefulness determined\nby law by the issuance of any bonds or notes, including (i) the issuance\nof bonds or notes to obtain reimbursement for funds heretofore advanced\nfor the object or purpose for which the bonds or notes are being issued,\n(ii) the issuance of bonds or notes to redeem notes previously issued\nfor the object or purpose for which the bonds or notes are being issued\nor (iii) the issuance of bonds to refund bonds previously issued for the\nobject or purpose for which bonds are being issued.\n  9. Notwithstanding any other provision of law, the financing by any\nmunicipality, prior to July fifteenth, two thousand twenty-seven, of any\nobject or purpose which has a period of probable usefulness determined\nby law, by the issuance of any bonds and notes, including (i) the\nissuance of bonds or notes, to redeem notes previously issued for the\nobject or purpose for which the bonds or notes are being issued or (ii)\nthe issuance of bonds to refund bonds previously issued for the object\nor purpose for which bonds are being issued.\n
N.Y. PBA Law § 1821 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 3 / Section 1821
Rate of interest to project occupant
Status: in_force

§ 1821. Rate of interest to project occupant. Any loan made by the\nauthority pursuant to this subtitle to a local development corporation\nfor a project shall bear interest at such rate as the authority may\ndetermine but such rate shall not be less than the average annual net\ninterest cost to the authority, as determined by the authority, on\npollution control bonds the proceeds of which, in the opinion of the\nauthority, are available to make such loan, or if no such proceeds are\nthen available in a sufficient amount to make such loan, the average\nannual net interest cost to the authority, as determined by the\nauthority not more than six months previous to the making of such loan,\nwhich would have been incurred by the authority on pollution control\nbonds having an average maturity of twenty years if such bonds had been\nissued on a date within thirty days of such determination. The rental or\nother amount required to be paid by a project occupant to a local\ndevelopment corporation under a lease or other agreement for use of the\nsaid project shall include an interest element computed at such rate as\nthe authority shall determine but such rate shall not be less than the\ninterest rate charged by the authority to the local development\ncorporation in accordance with the preceding sentence of this section.\n
N.Y. ENV Law § 17-0807 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0807
Prohibited discharges
Status: in_force

§ 17-0807. Prohibited discharges.\n  The following discharges into the waters of the state are hereby\nprohibited.\n  1. the discharge of any radiological, chemical or biological warfare\nagent or high-level radioactive waste, as such terms are defined by the\nAct or pursuant thereto.\n  2. any discharge which would substantially impair anchorage and\nnavigation, as determined by the Secretary of the Army.\n  3. any discharge to which the federal government has objected pursuant\nto any right to object provided by the Act.\n  4. any discharge not permitted by the provisions of this article,\nrules and regulations adopted or applicable pursuant hereto, the Act, or\nprovisions of a permit issued hereunder.\n
N.Y. EDN Law § 6908 — New York Code / Act EDN / Title 8 / Article 139 / Section 6908
Exempt persons
Status: in_force

§ 6908. Exempt persons. 1. This article shall not be construed:\n  a. As prohibiting (i) the domestic care of the sick, disabled or\ninjured by any family member, household member or friend, or person\nemployed primarily in a domestic capacity who does not hold himself or\nherself out, or accept employment as a person licensed to practice\nnursing under the provision of this article; provided that if such\nperson is remunerated, the person does not hold himself or herself out\nas one who accepts employment for performing such care; or the\nadministration of medications or treatment by child day care providers\nor employees or caregivers of child day care programs where such\nproviders, employees or caregivers are acting under the direction and\nauthority of a parent of a child, legal guardian, legal custodian, or an\nadult in whose care a child has been entrusted and who has been\nauthorized by the parent to consent to any health care for the child and\nin compliance with the regulations of the office of children and family\nservices pertaining to the administration of medications and treatment;\nor\n  (ii) any person from the domestic administration of family remedies;\nor\n  (iii) the providing of care by a person acting in the place of a\nperson exempt under clause (i) of this paragraph, but who does hold\nhimself or herself out as one who accepts employment for performing such\ncare, where nursing services are under the instruction of a licensed\nnurse, or under the instruction of a patient or family or household\nmember determined by a registered professional nurse to be\nself-directing and capable of providing such instruction, and services\nare provided under section three hundred sixty-five-f of the social\nservices law; or\n  (iv) the furnishing of nursing assistance in case of an emergency; or\n  (v) tasks provided by a direct support staff in programs certified or\napproved by the office for people with developmental disabilities, when\nperformed under the supervision of a registered professional nurse and\npursuant to a memorandum of understanding between the office for people\nwith developmental disabilities and the department, in accordance with\nand pursuant to an authorized practitioner's ordered care, provided\nthat: (1) a registered professional nurse determines, in his or her\nprofessional judgment, which tasks are to be performed based upon the\ncomplexity of the tasks, the skill and experience of the direct support\nstaff, and the health status of the individual being cared for; (2) only\na direct support staff who has completed training as required by the\ncommissioner of the office for people with developmental disabilities\nmay perform tasks pursuant to this subparagraph; (3) appropriate\nprotocols shall be established to ensure safe administration of\nmedications; (4) a direct support staff shall not assess the medication\nneeds of an individual; (5) adequate nursing supervision is provided,\nincluding training and periodic inspection of performance of the tasks.\nThe amount and type of nursing supervision shall be determined by the\nregistered professional nurse responsible for supervising such task\nbased upon the complexity of the tasks, the skill and experience of the\ndirect support staff, and the health status of the individual being\ncared for; (6) a direct support staff shall not be authorized to perform\nany tasks or activities pursuant to this subparagraph that are outside\nthe scope of practice of a licensed practical nurse; (7) a direct\nsupport staff shall not represent himself or herself, or accept\nemployment, as a person licensed to practice nursing under the\nprovisions of this article; (8) direct support staff providing\nmedication administration, tube feeding, or diabetic care shall be\nseparately certified, and shall be recertified on an annual basis; (9)\nthe registered professional nurse shall ensure that there is a consumer\nspecific medication sheet for each medication that is administered; and\n(10) appropriate staffing ratios shall be determined by the office for\npeople with developmental disabilities and the department to ensure\nadequate nursing supervision. No direct support staff shall perform\ntasks under this subparagraph until the office for people with\ndevelopmental disabilities and the department have entered into a\nmemorandum of understanding to effectuate the provisions of this\nsubparagraph. The office for people with developmental disabilities\nshall complete a criminal background check pursuant to section 16.33 of\nthe mental hygiene law and an agency background check pursuant to\nsection 16.34 of the mental hygiene law on the direct support staff\nprior to the commencement of any provision of service provided under\nthis subparagraph if such direct support staff is a new hire.\nIndividuals providing supervision or direct support tasks pursuant to\nthis subparagraph shall have protection pursuant to sections seven\nhundred forty and seven hundred forty-one of the labor law, where\napplicable;\n  b. As including services given by attendants in institutions under the\njurisdiction of or subject to the visitation of the state department of\nmental hygiene if adequate medical and nursing supervision is provided;\n  c. As prohibiting such performance of nursing service by students\nenrolled in registered schools or programs as may be incidental to their\ncourse of study;\n  d. As prohibiting or preventing the practice of nursing in this state\nby any legally qualified nurse or practical nurse of another state,\nprovince, or country whose engagement requires him or her to accompany\nand care for a patient temporarily residing in this state during the\nperiod of such engagement provided such person does not represent or\nhold himself or herself out as a nurse or practical nurse registered to\npractice in this state;\n  e. As prohibiting or preventing the practice of nursing in this state\nduring an emergency or disaster by any legally qualified nurse or\npractical nurse of another state, province, or country who may be\nrecruited by the American National Red Cross or pursuant to authority\nvested in the state civil defense commission for such emergency or\ndisaster service, provided such person does not represent or hold\nhimself or herself out as a nurse or practical nurse registered to\npractice in this state;\n  f. As prohibiting or preventing the practice of nursing in this state,\nin obedience to the requirements of the laws of the United States, by\nany commissioned nurse officer in the armed forces of the United States\nor by any nurse employed in the United States veterans administration or\nUnited States public health service while engaged in the performance of\nthe actual duties prescribed for him or her under the United States\nstatutes, provided such person does not represent or hold himself or\nherself out as a nurse registered to practice in this state; or\n  g. As prohibiting the care of the sick when done in connection with\nthe practice of the religious tenets of any church.\n  h. As prohibiting the provision of psychotherapy as defined in\nsubdivision two of section eighty-four hundred one of this title to the\nextent permissible within the scope of practice of nursing as defined in\nthis title, by any not-for-profit corporation or education corporation\nproviding services within the state and operating under a waiver\npursuant to section sixty-five hundred three-a of this title, provided\nthat such entities offering such psychotherapy services shall only\nprovide such services through an individual appropriately licensed or\notherwise authorized to provide such services or a professional entity\nauthorized by law to provide such services.\n  * 2. This article shall not be construed as prohibiting advanced tasks\nprovided by an advanced home health aide in accordance with regulations\ndeveloped by the commissioner, in consultation with the commissioner of\nhealth. At a minimum, such regulations shall:\n  a. specify the advanced tasks that may be performed by advanced home\nhealth aides pursuant to this subdivision. Such tasks shall include the\nadministration of medications which are routine and prefilled or\notherwise packaged in a manner that promotes relative ease of\nadministration, provided that administration of medications by\ninjection, sterile procedures, and central line maintenance shall be\nprohibited. Provided, however, such prohibition shall not apply to\ninjections of insulin or other injections for diabetes care, to\ninjections of low molecular weight heparin, and to pre-filled\nauto-injections of naloxone and epinephrine for emergency purposes, and\nprovided, further, that entities employing advanced home health aides\npursuant to this subdivision shall establish a systematic approach to\naddress drug diversion;\n  b. provide that advanced tasks performed by advanced home health aides\nmay be performed only under the direct supervision of a registered\nprofessional nurse licensed in New York state, as set forth in this\nsubdivision and subdivision eight of section sixty-nine hundred nine of\nthis article, where such nurse is employed by a home care services\nagency licensed or certified pursuant to article thirty-six of the\npublic health law, a hospice program certified pursuant to article forty\nof the public health law, or an enhanced assisted living residence\nlicensed pursuant to article seven of the social services law and\ncertified pursuant to article forty-six-B of the public health law. Such\nnursing supervision shall:\n  (i) include training and periodic assessment of the performance of\nadvanced tasks;\n  (ii) be determined by the registered professional nurse responsible\nfor supervising such advanced tasks based upon the complexity of such\nadvanced tasks, the skill and experience of the advanced home health\naide, and the health status of the individual for whom such advanced\ntasks are being performed;\n  (iii) include a comprehensive initial and thereafter regular and\nongoing assessment of the individual's needs;\n  (iv) include as a requirement that the supervising registered\nprofessional nurse shall visit individuals receiving services for the\npurpose of supervising the services provided by advanced home health\naides no less than once every two weeks and include as a requirement\nthat a registered professional nurse shall be available by telephone to\nthe advanced home health aide twenty-four hours a day, seven days a\nweek, provided that a registered professional nurse shall be available\nto visit an individual receiving services as necessary to protect the\nhealth and safety of such individual; and\n  (v) as shall be specified by the commissioner, be provided in a manner\nthat takes into account individual care needs, case mix complexity and\ngeographic considerations and provide that the number of individuals\nserved by a supervising registered professional nurse is reasonable and\nprudent.\n  c. establish a process by which a registered professional nurse may\nassign advanced tasks to an advanced home health aide. Such process\nshall include, but not be limited to:\n  (i) allowing assignment of advanced tasks to an advanced home health\naide only where such advanced home health aide has demonstrated to the\nsatisfaction of the supervising registered professional nurse competency\nin every advanced task that such advanced home health aide is authorized\nto perform, a willingness to perform such advanced tasks, and the\nability to effectively and efficiently communicate with the individual\nreceiving services and understand such individual's needs;\n  (ii) prohibiting assignment of advanced tasks to an advanced home\nhealth aide if the individual receiving services declines to be served\nby an advanced home health aide;\n  (iii) authorizing the supervising registered professional nurse to\nrevoke any assigned advanced task from an advanced home health aide for\nany reason; and\n  (iv) authorizing multiple registered professional nurses to jointly\nagree to assign advanced tasks to an advanced home health aide, provided\nfurther that only one registered professional nurse shall be required to\ndetermine if the advanced home health aide has demonstrated competency\nin the advanced task to be performed;\n  d. provide that advanced tasks may be performed only in accordance\nwith and pursuant to an authorized health practitioner's ordered care;\n  e. provide that only a certified home health aide may perform advanced\ntasks as an advanced home health aide when such aide has:\n  (i) at least one year of experience providing either home health or\npersonal care services, or a combination of the same;\n  (ii) completed the requisite training and demonstrated competencies of\nan advanced home health aide as determined by the commissioner in\nconsultation with the commissioner of health;\n  (iii) successfully completed competency examinations satisfactory to\nthe commissioner in consultation with the commissioner of health; and\n  (iv) meets other appropriate qualifications as determined by the\ncommissioner in consultation with the commissioner of health;\n  f. provide that only an individual who is listed in the home care\nservices registry maintained by the department of health pursuant to\nsection thirty-six hundred thirteen of the public health law as having\nsatisfied all applicable training requirements and having passed the\napplicable competency examinations and who meets other requirements as\nset forth in regulations issued by the commissioner of health pursuant\nto subdivision seventeen of section thirty-six hundred two of the public\nhealth law may perform advanced tasks pursuant to this subdivision and\nmay hold himself or herself out as an advanced home health aide;\n  g. establish minimum standards of training for the performance of\nadvanced tasks by advanced home health aides, including didactic\ntraining, clinical training, and a supervised clinical practicum with\nstandards set forth by the commissioner of health;\n  h. provide that advanced home health aides shall receive case-specific\ntraining on the advanced tasks to be assigned by the supervising nurse,\nprovided that additional training shall take place whenever additional\nadvanced tasks are assigned;\n  i. prohibit an advanced home health aide from holding himself or\nherself out, or accepting employment as, a person licensed to practice\nnursing under the provisions of this article;\n  j. provide that an advanced home health aide is not required nor\npermitted to assess the medication or medical needs of an individual;\n  k. provide that an advanced home health aide shall not be authorized\nto perform any advanced tasks or activities pursuant to this subdivision\nthat are outside the scope of practice of a licensed practical nurse or\nany advanced tasks that have not been appropriately assigned by the\nsupervising registered professional nurse;\n  l. provide that an advanced home health aide shall document all\nadvanced tasks provided to an individual, including medication\nadministration to each individual through the use of a medication\nadministration record; and\n  m. provide that the supervising registered professional nurse shall\nretain the discretion to decide whether to assign advanced tasks to\nadvanced home health aides under this program and shall not be subject\nto coercion, retaliation, or the threat of retaliation; in developing\nsuch regulations, the commissioner shall take into account the\nrecommendations of a workgroup of stakeholders convened by the\ncommissioner of health in consultation with the commissioner for the\npurpose of providing guidance on the foregoing.\n  * NB Repealed March 31, 2029\n
N.Y. PBA Law § 1199-JJJJ*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-JJJJ*2
Moneys of the authority
Status: in_force

* § 1199-jjjj. Moneys of the authority. All monies of the authority\nfrom whatever source derived shall be paid to the treasurer of the\nauthority and shall be deposited forthwith in a bank or banks designated\nby the authority. The monies in such accounts shall be paid out on check\nof the treasurer upon requisition by such person or persons as the\nauthority may authorize to make such requisitions. All deposits of such\nmonies shall be secured by obligations of the United States or of the\nstate or of any municipality of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. To the extent practicable,\nconsistent with the cash requirements of the authority, all such monies\nshall be deposited in interest bearing accounts. The authority shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any monies of the authority or any monies held\nin trust or otherwise for the payment of bonds or any way to secure\nbonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such monies may be secured in the same\nmanner as monies of the authority and all banks and trust companies are\nauthorized to give such security for such deposits. Any monies of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provision of section ninety-eight-a of the state finance\nlaw. Subject to the provisions of any contract with bond holders and\nwith the approval of the state comptroller, the authority shall\nprescribe a system of accounts.\n  * NB There are 2 § 1199-jjjj's\n
N.Y. PBA Law § 1199-T — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-T
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 1199-t. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title heretofore filed, or any proceeding\nheretofore commenced, by the county with the state department of\nenvironmental conservation, the department of transportation or any\nother state agency or instrumentality or with the United States\nenvironmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the authority to\nthe same extent and in the same manner as if the authority had been a\nparty to such application or proceeding from its inception, and the\nauthority shall be deemed a party thereto, to the extent not prohibited\nby any federal law. Any license, approval, permit or decision heretofore\nor hereafter issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the authority and shall be assigned and transferred by the county\nto the authority, unless such assignment and transfer is prohibited by\nfederal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. EDN Law § 6500 — New York Code / Act EDN / Title 8 / Article 130* / Section 6500
Introduction
Status: in_force

§ 6500. Introduction.  This title provides for the regulation of the\nadmission to and the practice of certain professions. This first article\napplies to all the professions included in this title, except that\nprehearing procedures and hearing procedures in connection with the\nregulation of professional conduct of the profession of medicine and\nphysician's assistants and specialist's assistants shall be conducted\npursuant to the provisions of Title II-A of article two of the public\nhealth law. Each of the remaining articles applies to a particular\nprofession.\n
N.Y. EDN Law § 8003 — New York Code / Act EDN / Title 8 / Article 157 / Section 8003
State board for dietetics and nutrition
Status: in_force

§ 8003. State board for dietetics and nutrition.  A state board for\ndietetics and nutrition shall be appointed by the board of regents, on\nrecommendation of the commissioner, for the purpose of assisting the\nboard of regents and the department on matters of certification and\nprofessional conduct in accordance with section sixty-five hundred eight\nof this chapter.\n  The board shall consist of not less than thirteen members, ten of whom\nshall be certified dietitians or certified nutritionists, except that\nthe members of the first board need not be certified  but shall be\npersons who are eligible for certification under the provisions of this\narticle prior to their appointment to the board.  The first board, with\nrespect to members representing the profession, shall consist of five\nmembers registered by a national dietetic association having\nregistration standards acceptable to the department and five members who\nare members of or registered by a national nutritional association\nhaving membership and/or registration standards acceptable to the\ndepartment. Thereafter, members of the profession appointed to such\nboard shall be certified pursuant to this article.  To the extent\nreasonable, the board of regents should insure the state board is\nbroadly representative of various professional interests within the\ndietetic and nutritional community.  Three members shall be\nrepresentatives of the general public. An executive secretary to the\nboard shall be appointed by the board of regents on the recommendation\nof the commissioner.\n
N.Y. PBH Law § 2599-B — New York Code / Act PBH / Article 25 / Title 8 / Section 2599-B
Program development
Status: in_force

§ 2599-b. Program development. 1. The program shall be designed to\nprevent and reduce the incidence and prevalence of obesity in children\nand adolescents, especially among populations with high rates of obesity\nand obesity-related health complications including, but not limited to,\ndiabetes, heart disease, cancer, osteoarthritis, asthma, emphysema,\nchronic bronchitis, other chronic respiratory diseases and other\nconditions. The program shall use recommendations and goals of the\nUnited States departments of agriculture and health and human services,\nthe surgeon general and centers for disease control and prevention in\ndeveloping and implementing guidelines for nutrition education and\nphysical activity projects as part of obesity prevention efforts. The\ncontent and implementation of the program shall stress the benefits of\nchoosing a balanced, healthful diet from the many options available to\nconsumers, without specifically targeting the elimination of any\nparticular food group, food product or food-related industry.\n  2. The childhood obesity prevention program shall include, but not be\nlimited to:\n  (a) developing media health promotion campaigns targeted to children\nand adolescents and their parents and caregivers that emphasize\nincreasing consumption of low-calorie, high-nutrient foods, decreasing\nconsumption of high-calorie, low-nutrient foods and increasing physical\nactivity designed to prevent or reduce obesity;\n  (b) establishing school-based childhood obesity prevention nutrition\neducation and physical activity programs including programs described in\nsection twenty-five hundred ninety-nine-c of this article, as well as\nother programs with linkages to physical and health education courses,\nand which utilize the school health index of the National Center for\nChronic Disease Prevention and Health Promotion or other recognized\nschool health assessments pursuant, but not limited, to article nineteen\nof the education law;\n  (c) establishing community-based childhood obesity prevention\nnutrition education and physical activity programs including programs\nwhich involve parents and caregivers, and which encourage communities,\nfamilies, child care and other settings to provide safe and adequate\nspace and time for physical activity and encourage a healthy diet, and\ncan be in coordination with county cooperative extension programs\nestablished pursuant to section two hundred twenty-four-b of the county\nlaw;\n  (d) coordinating with the state education department, department of\nagriculture and markets, office of parks, recreation and historic\npreservation, office of temporary and disability assistance, office of\nchildren and family services and other federal, state and local agencies\nto incorporate strategies to prevent and reduce childhood obesity into\ngovernment food assistance, health, education and recreation programs;\n  (e) sponsoring periodic conferences or meetings to bring together\nexperts in nutrition, exercise, public health, mental health, education,\nparenting, media, food marketing, food security, agriculture, community\nplanning and other disciplines to examine societal-based solutions to\nthe problem of childhood obesity and issue guidelines and\nrecommendations for New York state policy and programs;\n  (f) developing training programs for medical and other health\nprofessionals to teach practical skills in nutrition and exercise\neducation to children and their parents and caregivers;\n  (g) developing screening programs in coordination with health care\nproviders and institutions including but not limited to day care centers\nand schools for overweight and obesity for children aged two through\neighteen years, using body mass index (BMI) appropriate for age and\ngender, and notification, in a manner protecting the confidentiality of\nsuch children and their families, of parents of BMI status, and\nexplanation of the consequences of such status, including recommended\nactions parents may need to take and information about resources and\nreferrals available to families to enhance nutrition and physical\nactivity to reduce and prevent obesity; and\n  (h) coordinating with the education department, office of temporary\nand disability assistance, office of children and family services and\nother federal, state and local agencies to incorporate strategies to\ncurtail the incidence of asthma, chronic bronchitis and other chronic\nrespiratory diseases to enable adults and children to safely increase\nphysical activity.\n  3. The department, in cooperation with the education department, shall\nperiodically collect and analyze information from schools, health and\nnutrition programs and other sources to determine the prevalence of\nchildhood obesity in New York state, and to evaluate, to the extent\npossible, the effectiveness of the childhood obesity prevention program.\n
N.Y. PBA Law § 1199-YYYY*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-YYYY*2
Charges by the authority; method of collection
Status: in_force

* § 1199-yyyy. Charges by the authority; method of collection. 1. The\nauthority may fix and collect, on any equitable basis, rates, fees and\nother charges for the use of its water or sewer facilities or of the\nservices or commodities provided by the authority. Such rates, rentals,\nfees and other charges may be fixed and collected from any person or\ncorporation to which such facilities, services or commodities are\nprovided or made available from the authority. Such rates, rentals, fees\nand other charges may be the same or different for each classification\nof user or service recipient and may, by way of example, reflect the\nsource and composition of the sewage or location of services or system\ncosts and expenses. The authority shall not establish, fix or revise any\nclassification or user or rate, rental or fee or other charge unless and\nuntil the authority has held a public hearing at which interested\npersons shall have an opportunity to be heard concerning the same.\nNotice of any such public hearing shall be published at least ten days\nbefore the date set therefore, in at least one newspaper of general\ncirculation in the boundaries of the authority. Such notice shall set\nforth the date, time and place of such hearing and shall include a brief\ndescription of matters to be considered at such meeting. A copy of such\nnotice shall be available for inspection by the public. At any such\nhearing, any interested persons shall have an opportunity to be heard\nconcerning the matters under consideration. Any decision by the\nauthority at such public hearing or relating to the matters under\nconsideration at such hearing shall be in writing and made available in\nthe office of the authority for public inspection during regular\nbusiness hours.\n  2. All rates, fees and other charges for the use of the facilities or\nservices or commodities provided or made available by the authority and\nbilled directly by the authority to the user or service recipient\npursuant to a classification of users or service recipients adopted by\nthe authority as herein provided shall be lien upon the real property\nupon which, or in connection with which, services are provided or are\nmade available, as and from the first date fixed for a payment of such\nrates, rentals, fees and other charges. Any such lien shall take\nprecedent over all other liens, or encumbrances, except taxes or\nassessments. The treasurer of the authority shall prepare and transmit\nto the board of supervisors of the county, on or before the first day of\nNovember in each year, a list of those properties using such facilities\nor for which such services or commodities were provided or made\navailable and from which the payment of rates, rentals, fees and other\ncharges are in arrears for a period of thirty days or more after the\nlast day fixed for payment of such rates, rentals, fees and other\ncharges without penalty. The list shall contain a brief description of\nsuch properties, the names of the persons or corporations liable to pay\nfor the same, and the amount chargeable to each, including penalties and\ninterest, as applicable, computed to December thirty-first of that year.\nThe board of supervisors shall levy such sums against the properties\nliable and shall state the amount thereof in a separate column in the\nannual tax rolls of the county under the heading "water charge" or\n"sewer disposal charge," as applicable. Such amounts, excluding\npenalties and interest when collected by the county collector or\nreceiver of taxes, shall be paid over to the treasurer of the authority.\nPenalties and interest shall be retained by the collector which shall\nbecome a part of the general funds of the county. All of the provisions\nof the tax law of the state governing enforcement and collection of\nunpaid taxes or assessments for special improvements not inconsistent\nherewith shall apply to the collection of such unpaid rates, rentals,\nfees and other charges.\n  * NB There are 2 § 1199-yyyy's\n
N.Y. VAT Law § 1676 — New York Code / Act VAT / Title 8 / Article 43 / Section 1676
Executive secretary of board
Status: in_force

§ 1676.  Executive secretary of board.  The executive secretary of the\nboard shall:\n  1.  Subject to the supervision and control of the board perform the\nfunctions necessary to properly and efficiently carry out the provisions\nand purposes of this article.\n  2.  Be a citizen of the United States.\n  3.  Receive such salary and expenses as the city council, town board,\nborough president board of supervisors or other governing body of the\ncity, town, borough or county for which such board has been created may\nfix and properly account for such expenses.\n  4.  Furnish an official undertaking in an amount and in such form and\nwith such sureties as shall be approved by the city council, town board,\nborough president or board of supervisors or other governing body of the\ncity, town, borough or county for which such board has been created.\n
N.Y. EDN Law § 6507-A — New York Code / Act EDN / Title 8 / Article 130* / Section 6507-A
Registration fee surcharge
Status: in_force

§ 6507-a. Registration fee surcharge. The commissioner is hereby\nauthorized to impose and collect a fifteen percent surcharge, rounded\nupward to the nearest dollar, on any professional registration fee\nimposed under this title that is subject to deposit in the office of the\nprofessions account established pursuant to section ninety-seven-nnn of\nthe state finance law. Such surcharge shall not be imposed on any such\nfee dedicated for deposit in the professional medical conduct account.\n
N.Y. EDN Law § 6543 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6543
Construction
Status: in_force

§ 6543. Construction. Only a person licensed as a physician assistant\nby the department may use the title "physician assistant" or the letters\n"P.A." after his or her name.\n
N.Y. RSS Law § 75-F — New York Code / Act RSS / Article 2 / Title 8 / Section 75-F
Career retirement plan for state employees
Status: in_force

§ 75-f. Career retirement plan for state employees. a. (1) A member of\nthe retirement system in the employ of the state who retires while in\nsuch employ on or after April first, nineteen hundred sixty-nine, and\nwho is entitled to a service retirement benefit pursuant to section\nseventy-five-c and section seventy-five-d of this chapter, and who\nretires with twenty-five or more years of total service, shall have his\nretirement allowance computed as provided under section seventy-five-c\nand section seventy-five-d, except that the fraction one-fiftieth shall\nbe substituted for the fraction one-sixtieth for each of the first\ntwenty-five years of such service, and that service rendered prior to\nApril first, nineteen hundred thirty-eight shall be included in such\ncomputation.\n  (2) That portion of the pension provided pursuant to the provisions of\nthis section which is in excess of the pension that the member would\nhave received had this section not been in effect shall not be included\nin computing any pension reserve payable pursuant to the provisions of\nsection sixty of this chapter.\n  b. A member of the retirement system not in the employ of the state on\nApril first, nineteen hundred sixty-nine, who thereafter enters or\nreenters such employ, shall not be entitled to have his retirement\nallowance computed pursuant to the provisions of this section unless:\n  (1) Such member renders five or more years of service in the employ of\nthe state after March thirty-first, nineteen hundred sixty-nine and\nretires from such employ, or\n  (2) Immediately prior to service with the state, service was rendered\nwhile a member of a retirement system maintained by the state or a\nmunicipality thereof, operating on a sound actuarial basis and subject\nto the supervision of the department of financial services of this\nstate, in a plan which provides service retirement benefits equal or\nsuperior to those provided under this section and at the date of his\nretirement such member would have been eligible for such benefits had he\nnot separated from service with such employer.\n  c. A member eligible for a vested retirement allowance pursuant to the\nprovisions of section seventy-six, who separates from the employ of the\nstate on or after April first, nineteen hundred sixty-nine with\ntwenty-five or more years of total service, and who would have been\neligible to have his retirement allowance computed pursuant to the\nprovisions of this section had he at the time of separation attained age\nfifty-five, shall at the time he becomes eligible to receive the vested\nretirement allowance, be entitled to have such allowance computed in the\nmanner prescribed by this section.\n  d. In addition to the retirement allowance provided pursuant to the\nplan set forth in section eighty-nine of this chapter, a member of such\nplan who retires on or after April first, nineteen hundred sixty-nine\nwith more than twenty-five years of total service shall be entitled to\nreceive, in addition to the benefits provided pursuant to section\neighty-nine and notwithstanding the limitations of such section, an\nadditional retirement allowance for such years of service rendered in\nexcess of twenty-five. The additional retirement allowance for such\nadditional years of service shall be computed as if such member had been\neligible to have his retirement allowance computed pursuant to the\nprovisions of paragraph one of subdivision a of section seventy-five-c\nand of paragraph one of subdivision a of section seventy-five-d of this\nchapter.\n  e. The benefits hereinabove provided shall be payable unless the\nmember would otherwise be entitled to a greater benefit under other\nprovisions of this chapter, in which event the greater benefit shall be\npayable.\n  f. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this section\nshall apply only to those retiring or separating in vested status from\nstate service prior to July first, nineteen hundred seventy-four.\n
N.Y. ENV Law § 17-0801 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0801
Purpose
Status: in_force

§ 17-0801. Purpose.\n  To create a state pollutant discharge elimination system (SPDES) to\ninsure that the State of New York shall possess adequate authority to\nissue permits regulating the discharge of pollutants from new or\nexisting outlets or point sources into the waters of the state, upon\ncondition that such discharges will conform to and meet all applicable\nrequirements of the Federal Water Pollution Control Act, as amended (33\nU.S.C. 1251, et seq.) hereinafter referred to as the "Act", and rules,\nregulations, guidelines, criteria, standards and limitations adopted\npursuant thereto relating to effluent limitations, water quality related\neffluent limitations, new source performance standards, toxic and\npretreatment effluent limitations, ocean discharge criteria, and\nmonitoring, and to participate in the national pollutant discharge\nelimination system (NPDES) created by the Act.\n
N.Y. EDN Law § 8356-A — New York Code / Act EDN / Title 8 / Article 162 / Section 8356-A
Mandatory continuing education
Status: in_force

* § 8356-a. Mandatory continuing education. 1. (a) Each licensed\nathletic trainer, licensed pursuant to this article, shall be required\nto register triennially with the department to practice in the state and\nshall comply with the provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Licensed athletic\ntrainers who do not satisfy such mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a licensed\nathletic trainer may practice without having met such requirements if he\nor she is issued a conditional registration certificate pursuant to\nsubdivision three of this section.\n  (b) Each licensed athletic trainer shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which he or she is first licensed. In accordance with the intent\nof this section, adjustment to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n  (c) A licensed athletic trainer not engaged in practice, as determined\nby the department, shall be exempt from the mandatory continuing\neducation requirement upon the filing of a statement with the department\ndeclaring such status. Any licensee who returns to the practice of\nathletic training during the triennial registration period shall notify\nthe department prior to reentering the profession and shall meet such\nmandatory education requirements as shall be prescribed by regulations\nof the commissioner.\n  2. During each triennial registration period, an applicant for\nregistration as a licensed athletic trainer shall complete a minimum of\nforty-five hours of acceptable formal continuing education, as specified\nin subdivision four of this section, provided that no more than fifteen\nhours of such continuing education shall consist of self-study courses.\nAny licensed athletic trainer whose first registration date following\nthe effective date of this section occurs less than three years from\nsuch effective date shall complete continuing education hours on a\nprorated basis, as determined by the department, beginning on such\neffective date until his or her first registration date thereafter. A\nlicensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nshall not be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n  4. For purposes of this section: (a) "Acceptable learning activities"\nshall include, but not be limited to, formal courses of learning which\ncontribute to professional practice in athletic training and/or\nself-study activities; independent study; formal mentoring activities;\npublication in professional journals; or lectures, which meet the\nstandards prescribed by regulations of the commissioner; and\n  (b) "Formal courses of learning" shall include, but not be limited to,\ncollegiate level credit and non-credit courses, professional development\nprograms and technical sessions offered by national, state and local\nprofessional associations and any other organizations acceptable to the\ndepartment, and any other organized educational and technical programs\nacceptable to the department. Formal courses shall be taken from a\nsponsor approved by the department, based upon an application and fee,\npursuant to the regulations of the commissioner.\n  5. The department may, in its discretion and as needed to contribute\nto the health and welfare of the public, require the completion of\ncontinuing education credits in specific subjects to fulfill the\nmandatory continuing education requirement under this section.\n  6. A licensed athletic trainer shall maintain adequate documentation\nof completion of acceptable formal continuing education and shall\nprovide such documentation at the request of the department. Failure to\nprovide such documentation upon the request of the department shall be\nan act of misconduct subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  7. The mandatory continuing education fee shall be payable on or\nbefore the first day of each triennial registration period, and shall be\npaid in addition to the triennial registration fee required by section\neighty-three hundred fifty-five of this article.\n  * NB Effective December 22, 2028\n
N.Y. PBA Law § 1570-H — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-H
Bonds or notes of the authority
Status: in_force

§ 1570-h. Bonds or notes of the authority. 1. The authority shall have\nthe power and is hereby authorized from time to time to issue bonds,\nnotes or other obligations in conformity with applicable provisions of\nthe uniform commercial code to pay the cost of any project, or for any\nother corporate purpose, the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes or other obligations\nshall not exceed twenty million dollars, excluding bonds, notes or other\nobligations issued to refund or repay bonds, notes or other obligations\ntherefore issued for such purposes; provided, however, that upon any\nsuch refunding or repayment the total aggregate principal amount of\noutstanding bonds, notes or other obligations may be greater than twenty\nmillion dollars, only if the present value of the aggregate debt service\nof the refunding or repayment of bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor the purpose of this section, the present value of the aggregate debt\nservice of the refunding or repayment bonds, notes or other obligations\nand the aggregate debt service of the bonds, notes or other obligations\nrefunded or repaid shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment of bonds, notes or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment of\nbonds, notes or other obligations from payment of dates thereof to the\ndate of issue of the refunding or repayment of bonds, notes or other\nobligations and to the price bid including estimated accrued interest\nfrom the sale thereof. The authority shall have the power and is hereby\nauthorized to enter into such agreements and perform such acts as may be\nrequired under any applicable federal law, rule or regulation to secure\na federal guarantee to any bonds.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds, partly to refund bonds then outstanding\nand partly for any other purpose of the authority. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner described above in\nthis paragraph as many times as, in its judgment, may be necessary to\neffect satisfactory sale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the board, on the written\nrecommendation of the chairperson may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) Pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) Limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) The terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the laws of the state and other provisions of\nthis title;\n  (l) Limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) Limitations on the amount of revenues and other monies to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) The payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers conferred by this section upon the\nauthority to secure its bonds, the authority shall have the power in\nconnection with the issuance of bonds to adopt resolutions and enter\ninto such trust indentures, agreements or other instruments as the\nauthority may deem necessary, convenient or desirable concerning the use\nor disposition of its revenues or other monies or property, including\nthe mortgaging of any property and the entrusting, pledging or creation\nof any other security interest in any such revenues, monies or property\nand the doing of any act, including refraining from doing any act which\nthe authority would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\nauthority shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the authority by this title and to perform such\nresolutions, trust indentures, agreements or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements or\nother instruments may be made a part of the contract with the holders of\nbonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have the power to purchase the bonds of the authority,\nin lieu of redemption, out of any funds available therefor, at a price\nnot exceeding, if the bonds are then redeemable, the redemption price\nthen applicable plus accrued interest to the next interest payment date,\nor, if the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date. Bonds so purchased shall thereupon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with the applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed two years from the date of issue of\nsuch original note.\n
N.Y. EDN Law § 6909 — New York Code / Act EDN / Title 8 / Article 139 / Section 6909
Special provision
Status: in_force

§ 6909. Special provision. 1. Notwithstanding any inconsistent\nprovision of any general, special, or local law, any licensed registered\nprofessional nurse or licensed practical nurse who voluntarily and\nwithout the expectation of monetary compensation renders first aid or\nemergency treatment at the scene of an accident or other emergency,\noutside a hospital, doctor's office or any other place having proper and\nnecessary medical equipment, to a person who is unconscious, ill or\ninjured shall not be liable for damages for injuries alleged to have\nbeen sustained by such person or for damages for the death of such\nperson alleged to have occurred by reason of an act or omission in the\nrendering of such first aid or emergency treatment unless it is\nestablished that such injuries were or such death was caused by gross\nnegligence on the part of such registered professional nurse or licensed\npractical nurse. Nothing in this subdivision shall be deemed or\nconstrued to relieve a licensed registered professional nurse or\nlicensed practical nurse from liability for damages for injuries or\ndeath caused by an act or omission on the part of such nurse while\nrendering professional services in the normal and ordinary course of her\npractice.\n  2. Nothing in this article shall be construed to confer the authority\nto practice medicine or dentistry.\n  3. An applicant for a license as a registered professional nurse or\nlicensed practical nurse by endorsement of a license of another state,\nprovince or country whose application was filed with the department\nunder the laws in effect prior to August thirty-first, nineteen hundred\nseventy-one shall be licensed only upon successful completion of the\nappropriate licensing examination unless satisfactory evidence of the\ncompletion of all educational requirements is submitted to the\ndepartment prior to September one, nineteen hundred seventy-seven.\n  4. A certified nurse practitioner may prescribe and order a\nnon-patient specific regimen to a registered professional nurse,\npursuant to regulations promulgated by the commissioner, consistent with\nsubdivision three of section six thousand nine hundred two of this\narticle, and consistent with the public health law, for:\n  (a) administering immunizations.\n  (b) the emergency treatment of anaphylaxis.\n  (c) administering purified protein derivative (PPD) tests or other\ntests to 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 for syphilis, gonorrhea and\nchlamydia.\n  * (h) administering tests to determine the presence of COVID-19 or its\nantibodies or influenza virus.\n  * NB Repealed July 1, 2030\n  (i) administering electrocardiogram tests to detect signs and symptoms\nof acute coronary syndrome.\n  (j) administering point-of-care blood glucose tests to evaluate acute\nmental status changes in persons with suspected hypoglycemia.\n  (k) administering tests and intravenous lines to persons that meet\nsevere sepsis and septic shock criteria.\n  (l) administering tests to determine pregnancy.\n  5. A registered professional nurse may execute a non-patient specific\nregimen prescribed or ordered by a licensed physician or certified nurse\npractitioner, pursuant to regulations promulgated by the commissioner.\n  6. A registered professional nurse defined under subdivision one of\nsection sixty-nine hundred two of this article may use accepted\nclassifications of signs, symptoms, dysfunctions and disorders,\nincluding, but not limited to, classifications used in the practice\nsetting for the purpose of providing mental health services.\n  7. A certified nurse practitioner may prescribe and order a patient\nspecific order or non-patient specific regimen to a licensed pharmacist,\npursuant to regulations promulgated by the commissioner, and consistent\nwith the public health law, for: (a) administering immunizations to\nprevent influenza and COVID-19 to patients two years of age or older;\nand (b) administering immunizations to prevent pneumococcal, acute\nherpes zoster, hepatitis A, hepatitis B, human papillomavirus, measles,\nmumps, rubella, varicella, meningococcal, tetanus, diphtheria or\npertussis disease and medications required for emergency treatment of\nanaphylaxis to patients eighteen years of age or older; and (c)\nadministering other immunizations for patients eighteen years of age or\nolder if the commissioner of health in consultation with the\ncommissioner determines that an immunization: (i) (A) may be safely\nadministered by a licensed pharmacist within their lawful scope of\npractice; and (B) is needed to prevent the transmission of a reportable\ncommunicable disease that is prevalent in New York state; or (ii) is a\nrecommended immunization for such patients who: (A) meet age\nrequirements, (B) lack documentation of such immunization, (C) lack\nevidence of past infection, or (D) have an additional risk factor or\nanother indication. Nothing in this subdivision shall authorize\nunlicensed persons to administer immunizations, vaccines or other drugs.\n  * 8. A registered professional nurse, while working for a home care\nservices agency licensed or certified pursuant to article thirty-six of\nthe public health law, a hospice program certified pursuant to article\nforty of the public health law, or an enhanced assisted living residence\nlicensed pursuant to article seven of the social services law and\ncertified pursuant to article forty-six-B of the public health law may,\nin accordance with this subdivision, assign advanced home health aides\nto perform advanced tasks for individuals pursuant to the provisions of\nsubdivision two of section sixty-nine hundred eight of this article and\nsupervise advanced home health aides who perform assigned advanced\ntasks.\n  (a) Prior to assigning or modifying an assignment to perform an\nadvanced task, the registered professional nurse shall:\n  (i) complete a nursing assessment to ascertain the client's current\nhealth status and care needs; and\n  (ii) provide to the advanced home health aide written,\nindividual-specific instructions for performing the advanced task and\ncriteria for identifying, reporting and responding to problems or\ncomplications.\n  (b) The registered professional nurse shall not assign an advanced\ntask unless:\n  (i) the advanced task to be assigned is consistent with an authorized\nhealth practitioner's ordered care;\n  (ii) the registered professional nurse provides case specific training\nto the advanced home health aide and personally verifies that the\nadvanced home health aide can safely and competently perform the\nadvanced task;\n  (iii) the registered professional nurse determines that the advanced\nhome health aide is willing to perform such advanced task; and\n  (iv) the registered professional nurse determines that the advanced\nhome health aide is able to effectively and efficiently communicate with\nthe individual receiving services and understand such individual's\nneeds.\n  (c) The supervising registered professional nurse shall:\n  (i) visit individuals receiving services for the purpose of\nsupervising the services provided by advanced home health aides no less\nthan once every two weeks; and\n  (ii) conduct regular and ongoing assessment of the individual's needs.\n  * NB Repealed March 31, 2029\n  * NB There are 2 sb 8's\n  * 8. A certified nurse practitioner may prescribe and order a patient\nspecific order or non-patient specific order to a licensed pharmacist,\npursuant to regulations promulgated by the commissioner in consultation\nwith the commissioner of health, and consistent with the public health\nlaw, for dispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis for the purpose of preventing human immunodeficiency virus\ninfection following a potential human immunodeficiency virus exposure.\n  * NB There are 2 sb 8's\n  9. A registered professional nurse may execute a standing order for\nnewborn care in a hospital established under section twenty-eight\nhundred three-v of the public health law, as provided in that section.\nThe commissioner may make regulations relating to implementation of this\nsubdivision.\n  10. A certified nurse practitioner may prescribe and order a\nnon-patient-specific regimen to a licensed pharmacist, for insulin and\nrelated supplies pursuant to section sixty-eight hundred one of this\ntitle.\n  11. A certified nurse practitioner may prescribe and order a\nnon-patient specific order to a pharmacist licensed and located in the\nstate, pursuant to regulations promulgated by the commissioner, and\nconsistent with section sixty-eight hundred one of this title, for\ndispensing self-administered hormonal contraceptives as defined in\nsection sixty-eight hundred two of this title.\n
N.Y. EDN Law § 8307 — New York Code / Act EDN / Title 8 / Article 161 / Section 8307
Separability
Status: in_force

§ 8307. Separability.  If any section of this article, or part\nthereof, shall be adjudged by a court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair or invalidate the\nremainder or any other section or part thereof.\n
N.Y. EDN Law § 7207 — New York Code / Act EDN / Title 8 / Article 145 / Section 7207
Limited permits
Status: in_force

§ 7207. Limited permits. 1. On recommendation of the board, the\ndepartment may issue a limited permit to practice engineering to an\nengineer not a resident of this state and having no established place of\npractice in this state who is legally qualified to practice as such in\nhis own country or state and who submits satisfactory evidence of\nestablished and recognized professional standing in his own country or\nstate and who submits satisfactory certifications as to character and\nqualifications from at least two licensed professional engineers, one of\nwhom shall be a resident of this state. Such limited permit shall be\nissued solely in connection with the specific project for which such\nlimited permit is granted.\n  2. A limited permit to practice as a professional engineer, land\nsurveyor or professional geologist in this state may be issued by the\ndepartment to a person not a resident in this state and having no\nestablished place of practice in this state, when such practice does not\naggregate more than thirty days in any calendar year, provided that such\nperson is legally qualified to practice in his own state or country. The\nlimited permit authorizing such right to practice in this state shall\nspecify the dates within the calendar year when such right may be\nexercised.\n  3. On recommendation of the board, the department may issue a limited\npermit to practice geology to a geologist not a resident of this state\nand having no established place of practice in this state who is legally\nqualified to practice as such in his or her own country or state with\nstandards equivalent to those enumerated in this article and who submits\nevidence satisfactory to the board established and recognized\nprofessional standing in his or her own country or state and who submits\nsatisfactory certification as to character and qualifications from at\nleast two professional geologists, one of whom shall be a resident of\nthis state. Such limited permit shall be issued solely in connection\nwith the specific project for which such limited permit is granted.\n  4. Fees. The fee for each limited permit shall be one hundred five\ndollars.\n