N.Y. PBA Law § 703 — New York Code / Act PBA / Article 3 / Title 8 / Section 703
Powers of the authority
Status: in_force

§ 703. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  4. To acquire, by purchase or condemnation pursuant to the\ncondemnation law, such real property or rights or easements therein, as\nmay be necessary or proper for the construction or operation of the\nbridge, and to sell any such property not needed for its corporate\npurposes;\n  5. To make by-laws for the management and regulation of its affairs;\n  6. To contract for professional services and to employ consulting\nengineers for the design of the bridge and supervision of its\nconstruction, and to employ legal consultants in both the United States\nand Canada; to appoint officers, agents and employees and engineers, and\nfix their compensation;\n  7. To make contracts and to execute all instruments necessary or\nconvenient;\n  8. By contract or contracts or by its own employees to construct and\nto maintain and operate a bridge across the Saint Lawrence river at or\nnear the city of Ogdensburg, in the county of Saint Lawrence, New York,\nand the approach roads which are necessary to connect the bridge with\nthe state highway system in the state of New York at a point and in a\nmanner approved by the state department of transportation and with the\nnearest highway in the province of Ontario and to acquire any property\nor rights of any person, firm or corporation deemed by the authority to\nbe necessary or desirable in connection with the construction or\noperation of the bridge;\n  9. To charge tolls for the use of the bridge at rates sufficient to\nprovide for payment of all expenses of the authority, the conservation,\nmaintenance and operation of the bridge, the payment of the interest on\nand the principal of all bonds issued by the authority under the\nprovisions of this title, and reserves for such purposes, subject to and\nin accordance with such agreements with bondholders as may be made as\nhereinafter provided;\n  10. To exercise in Canada all rights, powers and authority which shall\nbe granted or permitted to the authority by the proper authorities of\nCanada or of the province of Ontario, including the entering upon lands\nand acquiring, condemning, occupying, possessing, and using such real\nestate and other property in Canada as may be needed by the authority in\ncarrying out the powers herein granted;\n  11. Prior to the opening of the bridge for automotive traffic, to\npurchase, maintain and operate all or any ferries across the Saint\nLawrence river within five miles of the location which shall be selected\nfor said bridge, subject to the conditions and limitations contained in\nthis title, and subject to the approval of the proper authorities in the\ngovernment of Canada, subject to the approval of the comptroller of the\nstate of New York and subject to the approval of the form of contract by\nthe attorney general of the state of New York.  Nothing contained in\nthis title shall require the authority or its successors to maintain or\noperate any ferry or ferries purchased under the authority of this title\nand upon opening of the bridge for automotive traffic such automotive\nferry or automotive ferry operations shall be terminated, but nothing in\nthis article shall prohibit any party from operating a non-automotive\nferry between Ogdensburg and Prescott. Upon the termination of such\nferry or ferries operations any ferry or ferries so purchased, with the\nappurtenances and property thereto connected and belonging, shall be\nsold in such manner, at such time or times and for such amounts as shall\nbe approved by the director of the budget of the state of New York. The\nauthority and its successors may fix such rates and tolls for the use of\nsuch ferry or ferries as it may deem proper, subject to the same\nconditions provided by this title as to tolls for traffic over the\nbridge. All tolls collected for the use of the ferry or ferries and the\nproceeds from any sale or disposition of any ferry or ferries shall be\nused, as far as may be necessary, to pay the cost of maintaining,\nrepairing and operating the same, and any residue thereof shall be paid\nto the state comptroller as agent of the authority and deposited by him\nto the credit of the Ogdensburg bridge fund;\n  12. To construct and maintain over, under, along or across the bridge\nand approach roads telephone, telegraph or electric wires and cables,\ngas mains, water mains, and other mechanical equipment not inconsistent\nwith the appropriate use of the bridge and approach roads, and to\ncontract for such construction and to lease the right to construct or\nuse the same on such terms and for such considerations as it shall\ndetermine; provided, however, that no such lease shall extend for a\nperiod of more than twenty years or beyond the final date of maturity of\nany bonds issued and outstanding under the authority of this title;\n  13. To purchase, construct and maintain facilities for the public,\nconsistent with the use of the bridge, to contract for such\nconstruction, and to lease the right to construct or use such facilities\non such terms and for such considerations as it shall determine;\nprovided, however, that no lease shall be made for a period of more than\nthirty years from the date when it is made;\n  14. To issue its negotiable bonds and to provide for the rights of the\nholders thereof;\n  15. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n  16. To accept grants of money or real or personal property from the\nfederal or state governments or agencies thereof, or from municipal\ncorporations, or any other lawful source for its corporate purposes;\n  17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title except that the construction of the bridge\nherein authorized shall not be begun or any property acquired until\nafter the necessary consents and approvals of the federal government and\nof the government of Canada or any subdivision or agency thereof having\njurisdiction shall have been obtained.\n  18. To establish, maintain and operate, either by contract or\ncontracts or by its own employees, a public bus transportation system,\nfrom an area in the vicinity of Sophia street in the city of Prescott,\nprovince of Ontario, Canada, over and across the Ogdensburg bridge to an\narea in the vicinity of Saint Lawrence avenue in the city of Ogdensburg,\ncounty of Saint Lawrence, state of New York, in a manner to be\ndetermined by the authority subject to the laws, rules and regulations\npertaining to public bus transportation of the government of Canada,\nprovince of Ontario and the city of Prescott and subject to the laws,\nrules and regulations pertaining to public bus transportation of the\ngovernment of the United States of America, state of New York, county of\nSaint Lawrence and the city of Ogdensburg.\n  19. To rehabilitate and modernize the building known as "Garden\nCottage" and utilize, operate and maintain such building as a port\nfacilities building including therein suitable accommodations for the\nauthority's administration headquarters, a tourist information and\nservice center and other office accommodations which may be leased or\nrented for public or private purposes.\n  20. To assist and cooperate with the Ogdensburg port authority and\nother official agencies in promoting the development and use of the\nOgdensburg bridge, harbor and port facilities and when requested by it\nto make available to the Ogdensburg port authority at a nominal rental\nsuitable accommodations in the port facilities building for the\nadministration headquarters of such port authority.\n
N.Y. PBA Law § 1570-Q — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-Q
Defense and indemnification
Status: in_force

§ 1570-q. Defense and indemnification. The authority shall not execute\nany of its powers except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in such section) pursuant to subdivision two of such\nsection; provided, however, that nothing contained within this section\nshall be deemed to permit the authority to extend the provisions of\nsection eighteen of the public officers law upon any independent\ncontractor.\n
N.Y. EDN Law § 8510 — New York Code / Act EDN / Title 8 / Article 164 / Section 8510
Requirements for licensure as a respiratory therapy technician
Status: in_force

§ 8510. Requirements for licensure as a respiratory therapy\ntechnician.  To qualify for a license as a respiratory therapy\ntechnician an applicant shall fulfill the following 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 an approved one-year\ncertificate  respiratory therapy education program, or a program\ndetermined equivalent, in accordance with the commissioner's\nregulations;\n  3. Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  4. Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  5. Age: be at least eighteen years of age;\n  6. Character: be of good moral character as determined by the\ndepartment; and\n  7. Fees: pay a fee of ninety dollars to the department for admission\nto a department conducted examination and for an initial license; a fee\nof sixty dollars for each re-examination; a fee of fifty dollars for an\ninitial license for persons not requiring admission to a department\nconducted examination and a fee of ninety dollars for each triennial\nregistration period commencing on and after June first, nineteen hundred\nninety-three.\n
N.Y. EDN Law § 8505 — New York Code / Act EDN / Title 8 / Article 164 / Section 8505
Exempt persons
Status: in_force

§ 8505. Exempt persons. This article shall not prohibit:\n  1. The practice of respiratory therapy as an integral part of a\nprogram of study by students enrolled in approved respiratory therapy\neducation programs;\n  2. The performance of any of the modalities included in the definition\nof respiratory therapy by any other duly licensed, certified or\nregistered health care provider, provided that such modalities are\nwithin the scope of his or her practice;\n  3. Unlicensed assistants from being employed in a hospital, as defined\nin article twenty-eight of the public health law, for purposes other\nthan the practice of respiratory therapy;\n  4. The practice of respiratory therapy by any legally qualified\nrespiratory therapy practitioner of any other state or territory who is\nserving in the armed forces or the public health service of the United\nStates or who is employed by the veterans administration, while engaged\nin the performance of his or her duties.\n  5. The provision of polysomnographic technology services, as defined\nby the commissioner, by an individual, under the direction and\nsupervision of a licensed physician, who has obtained authorization\nissued by the department. Such authorization shall be issued to\nindividuals who have met standards, including those relating to\neducation, experience, examination and character, as promulgated in\nregulations of the commissioner. Such authorization shall be subject to\nthe full disciplinary and regulatory authority of the board of regents\nand the department, pursuant to this title, as if such authorization\nwere a professional license issued under this article. The application\nfee for such authorization shall be three hundred dollars. Each\nauthorization holder shall register with the department every three\nyears and shall pay a registration fee of three hundred dollars.\n
N.Y. VAT Law § 1640-K — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-K
Residential parking permit system in the city of Rensselaer
Status: in_force

§ 1640-k. Residential parking permit system in the city of Rensselaer.\n1. Notwithstanding the provisions of any law to the contrary, the city\ncouncil of the city of Rensselaer may, by adoption of a local law or\nordinance, provide for a residential parking permit system and fix and\nrequire the payment of fees applicable to parking within the area in\nwhich such parking system is in effect in accordance with the provisions\nof this section.\n  2. Such residential parking permit system may only be established\nwithin the area of the city of Rensselaer consisting of the following\nstreets:  Elm Street, East Street and Wendell Street.\n  3. Notwithstanding the foregoing, no permit shall be required on those\nportions of such streets where the adjacent properties are zoned for\ncommercial/retail use.\n  4. The local law or ordinance providing for such residential parking\npermit system shall:\n  (a) set forth factors necessitating the enactment of such parking\npermit system;\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement;\n  (c) provide the times of day and days of the week during which permit\nrequirements shall be in effect;\n  (d) make not less than twenty percent of the spaces within the permit\narea available to nonresidents, and shall provide short term parking of\nnot less than ninety minutes in duration in the permit area;\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe city of Rensselaer.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n
N.Y. RSS Law § 76 — New York Code / Act RSS / Article 2 / Title 8 / Section 76
Vested retirement allowance
Status: in_force

§ 76. Vested retirement allowance. a. A member who discontinues\nservice other than by death or retirement:\n  1. who has credit for at least five years of total service, or\n  2. who has credit for at least five years of total service, including\na minimum of five years of member service during which the member\ncontributed to the system and/or participated in an\nincreased-take-home-pay or non-contributory plan, and who does not\nwithdraw his or her accumulated contributions, shall be entitled to make\napplication pursuant to section seventy of this article for a vested\nretirement allowance to be effective on or after the first day of the\nmonth following his or her attainment of sixty years of age. The\nretirement allowance provided by this section shall vest automatically\nupon such discontinuance of service by such member.\n  3. In the case of such a member who discontinues service other than by\ndeath or retirement after March thirty-first, nineteen hundred\nsixty-five, who had been contributing toward and/or participating in an\nincreased-take-home-pay or non-contributory plan for retirement on a\nbasis other than retirement at age sixty for five years preceding his or\nher discontinuance of service, he or she shall be entitled to make\napplication for a vested retirement allowance to be effective on or\nafter the first day of the month following his or her attainment of\nfifty-five years of age.\n  4. In the case of a member who discontinues service other than by\ndeath or retirement after March thirty-first, nineteen hundred\nsixty-six, who had been contributing toward retirement on the basis of\nthe plan contained in section eighty of this article for at least five\nyears, he or she shall receive at retirement, on the date when the\nmember would have completed twenty years of service had he or she\ncontinued in the service covered by such section, a retirement allowance\nas computed in accordance with the provisions of subdivision b of this\nsection.\n  b. The vested retirement allowance shall be computed and paid in\naccordance with the provisions of the plan of which the member had been\na participant provided, however, that, except for those eligible for\nbenefits pursuant to sections eighty or eighty-a of this chapter, if the\nservice fraction used to compute the retirement allowance or the pension\nprovides a benefit greater than that which would have been provided had\nthe service fraction one-sixtieth been used to compute the benefit, the\nservice fraction one-sixtieth shall be used to compute the vested\nretirement allowance unless such plan shall specify another fraction to\nbe used to compute the vested retirement allowance. Except for those\ncovered for retirement pursuant to sections eighty or eighty-a of this\nchapter the vested retirement allowance shall not be paid before the\nmember attains age fifty-five.\n  c. In the event of the death of such member prior to the effective\ndate of his retirement his accumulated contributions shall be paid to\nhis beneficiary or estate in accordance with section fifty-one of this\narticle.\n  d. A member may withdraw his accumulated contributions at any time\nsubject to the limitations contained in section fifty-one of this\narticle. The withdrawal of a member's accumulated contributions shall\nterminate his right to a vested retirement allowance.\n
N.Y. EDN Law § 8403 — New York Code / Act EDN / Title 8 / Article 163 / Section 8403
Marriage and family therapy
Status: in_force

§ 8403. Marriage and family therapy. 1. Definition of the practice of\nmarriage and family therapy. The practice of the profession of marriage\nand family therapy is defined as:\n  (a) the assessment and treatment of nervous and mental disorders,\nwhether affective, cognitive or behavioral, which results in\ndysfunctional interpersonal family relationships including, but not\nlimited to familial relationships, marital/couple relationships,\nparent-child relationships, pre-marital and other personal\nrelationships;\n  (b) the use of mental health counseling, psychotherapy and therapeutic\ntechniques to evaluate and treat marital, relational, and family\nsystems, and individuals in relationship to these systems;\n  (c) the use of mental health counseling and psychotherapeutic\ntechniques to treat mental, emotional and behavioral disorders and\nailments within the context of marital, relational and family systems to\nprevent and ameliorate dysfunction; and\n  (d) the use of assessment instruments and mental health counseling and\npsychotherapy to identify and evaluate dysfunctions and disorders for\npurposes of providing appropriate marriage and family therapy services.\n  2. Practice of marriage and family therapy and use of the titles\n"marriage and family therapist" and "licensed marriage and family\ntherapist". Only a person licensed or exempt under this article shall\npractice marriage and family therapy or use the title "marriage and\nfamily therapist". Only a person licensed under this article shall use\nthe titles "licensed marriage and family therapist", "licensed marriage\ntherapist", "licensed family therapist" or any other designation tending\nto imply that the person is licensed to practice marriage and family\ntherapy.\n  3. Requirements for a professional license. To qualify for a license\nas a "licensed marriage and family therapist", an applicant shall\nfulfill the following requirements:\n  (a) Application: File an application with the department;\n  (b) Education: Have received a master's or doctoral degree in marriage\nand family therapy from a program registered by the department, or\ndetermined by the department to be the substantial equivalent, in\naccordance with the commissioner's regulations or a graduate degree in\nan allied field from a program registered by the department and graduate\nlevel coursework determined to be equivalent to that required in a\nprogram registered by the department. This coursework shall include, but\nnot be limited to:\n  (i) the study of human development, including individual, child and\nfamily development;\n  (ii) psychopathology;\n  (iii) marital and family therapy;\n  (iv) family law;\n  (v) research;\n  (vi) professional ethics; and\n  (vii) a practicum of at least three hundred client contact hours;\n  (c) Experience: The completion of at least one thousand five hundred\nclient contact hours of supervised clinical experience, by persons\nholding a degree from a master's or doctoral program, or the substantial\nequivalent, in accordance with the commissioner's regulations or the\ncompletion of at least one thousand five hundred client hours of\nsupervised post-master's clinical experience in marriage and family\ntherapy satisfactory to the department in accordance with the\ncommissioner's regulations. Satisfactory experience obtained in an\nentity operating under a waiver issued by the department pursuant to\nsection sixty-five hundred three-a of this title may be accepted by the\ndepartment, notwithstanding that such experience may have been obtained\nprior to the effective date of such section sixty-five hundred three-a\nand/or prior to the entity having obtained a waiver. The department may,\nfor good cause shown, accept satisfactory experience that was obtained\nin a setting that would have been eligible for a waiver but which has\nnot obtained a waiver from the department or experience that was\nobtained in good faith by the applicant under the belief that\nappropriate authorization had been obtained for the experience, provided\nthat such experience meets all other requirements for acceptable\nexperience;\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) Character: Be of good moral character as determined by the\ndepartment; and\n  (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial\nlicense and a fee of one hundred seventy dollars for each triennial\nregistration period.\n
N.Y. VAT Law § 1621 — New York Code / Act VAT / Title 8 / Article 37 / Section 1621
Other traffic regulations on state highways and on indian reservations
Status: in_force

§ 1621. Other traffic regulations on state highways and on indian\nreservations. (a) The department of transportation with respect to state\nhighways maintained by the state, the intersection of any highway with a\nstate highway maintained by the state, and any highway intersecting or\nmeeting a state highway maintained by the state for a distance not\nexceeding one hundred feet from such state highway maintained by the\nstate, may by order, rule or regulation:\n  1. Designate through highways and order stop signs, flashing signals\nor yield signs erected at specified entrances thereto or designate any\nintersection as a stop intersection or a yield intersection and order\nlike signs or signals at one or more entrances to such intersection.\n  2. Prohibit, restrict or regulate the operation of vehicles on any\ncontrolled-access highway or the use of any controlled-access highway by\nany limited use vehicle, pedestrian, horseback rider or vehicle or\ndevice moved by human or animal power.\n  3. Prohibit or regulate the turning of vehicles or specified types of\nvehicles at intersections or other designated locations.\n  4. Authorize angle parking on any roadway.\n  5. Regulate the crossing of any roadway by pedestrians.\n  6. Upon a roadway which is divided into three lanes, allocate the\ncenter lane exclusively for traffic moving in a specified direction.\n  7. Order signs erected directing slow-moving traffic, trucks, buses or\nspecified types of vehicles to use a designated lane, or with signs,\nsignals or markings designate those lanes to be used by traffic moving\nin a particular direction regardless of the center of the roadway.\n  8. Designate any highway or any separate roadway thereof for one-way\ntraffic.\n  9. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations from highways specified by the\ncommissioner. Such exclusion shall not be construed to prevent the\ndelivery or pickup of merchandise or other property along the highways\nfrom which such vehicles and combinations are otherwise excluded.\n  10. Prohibit, restrict or limit the stopping, standing or parking of\nvehicles.\n  11. Determine those highways or portions of highways which shall be\nmarked to indicate where overtaking and passing or driving to the left\nof or crossing such markings would be especially hazardous and order\nappropriate signs or markings on the roadway to indicate the beginning\nand end of such zone.\n  12. Require the use of lower gears on hills.\n  13. Regulate traffic by means of traffic-control signals.\n  14. Designate safety zones.\n  16. Designate a portion of a slope as a path for the use of bicycles.\n  17. Order signs or markings to identify the portion of the highway to\nbe used for bicycle travel.\n  18. Prohibit, restrict or regulate the operation of limited use\nvehicles on any street or highway.\n  19. Make special provisions with relation to stopping, standing or\nparking of vehicles registered pursuant to section four hundred four-a\nof this chapter or those possessing a special vehicle identification\nparking permit issued in accordance with section one thousand two\nhundred three-a of this chapter.\n  20. Designate preferential use lanes for specified types or classes of\nvehicles.\n  21. Declare a snow emergency and designate any highway or portion\nthereof as a snow emergency route.\n  22. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations in excess of any designated\nweight, designated length, designated height, or eight feet in width,\nfrom highways or set limits on hours of operation of such vehicles on\nparticular state highways or segments of such highways. Such exclusion\nshall not be construed to prevent the delivery or pickup of merchandise\nor other property along the highways from which such vehicles or\ncombinations are otherwise excluded.\n  23. Authorize the use of shoulders or slopes of any state\ncontrolled-access highway by motor vehicles.\n  (b) The department of transportation shall cause to be determined, for\nall bridges and elevated structures under its jurisdiction, the capacity\nin tons of two thousand pounds which the bridge or structures will\nsafely carry. At bridges or structures of insufficient strength to carry\nsafely the legal loads permissible by section three hundred eighty-five\nof this chapter, the department of transportation shall cause signs to\nbe erected to inform persons of the safe capacity.\n  (c) Such department of transportation shall cause signs to be erected\nto inform persons of the legal overhead clearance for all bridges and\nelevated structures on highways under its jurisdiction. The legal\nclearance shall be one foot less than the measured clearance. The\nmeasured clearance shall be the minimum height to the bridge or\nstructure measured vertically from the traveled portion of the roadway.\nOn bridges or structures having fourteen feet or more of measured\nclearance, no such signs shall be required.\n  (d) The department of transportation may by order, rule or regulation\ntemporarily exclude from any portion of any state highway and any\nhighway and bridge constructed or to be constructed by the state on any\nindian reservation any vehicle with a gross weight of over four or more\ntons or any vehicle with a gross weight in excess of any designated\nweight on any wheel, axle, any number of axles, or per inch width of\ntire when in its opinion such highway would be materially injured by the\noperation of any such vehicle thereon. Such exclusion shall take effect\nupon the erection of signs on the section of highway from which vehicles\nare excluded, and a notice that such vehicles are excluded shall be\npublished in a newspaper in the county where the highway is situated.\nThe exclusion shall remain in effect until the removal of the signs is\ndirected by the department of transportation.\n
N.Y. PBA Law § 1199-SSSS*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-SSSS*2
Audit and annual report
Status: in_force

* § 1199-ssss. 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\nstate comptroller and an annual audit shall be performed by an\nindependent certified accountant. The authority shall annually submit to\nthe board of supervisors, county treasurer, governor and the state\ncomptroller and to the chairperson of the senate finance committee and\nthe chairperson of the assembly ways and means committee a detailed\nreport pursuant to the provisions of section two thousand eight hundred\nof this chapter, and a copy of such report shall be filed with the clerk\nof the board of supervisors and the county treasurer.\n  * NB There are 2 § 1199-ssss's\n
N.Y. PBA Law § 1199-QQQQ — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-QQQQ
Construction and purchase contracts
Status: in_force

* § 1199-qqqq. Construction and purchase contracts. The authority\nshall let contracts for construction or purchase of supplies, materials,\nor equipment pursuant to sections one hundred one and one hundred three\nof the general municipal law and shall be let in accordance with the\nprovisions of state law pertaining to prevailing wages, labor standards,\nand working hours. Nothing in this section shall be construed to limit\nthe power of the authority to do any construction directly by the\nofficers, agents and employees of the authority.\n  * NB There are 2 § 1199-qqqq's\n
N.Y. EDN Law § 6827 — New York Code / Act EDN / Title 8 / Article 137 / Section 6827
Mandatory continuing education
Status: in_force

§ 6827. Mandatory continuing education. 1. (a) Each licensed\npharmacist required under article one hundred thirty of this chapter to\nregister triennially with the department to practice in the state shall\ncomply with 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. Pharmacists who do\nnot satisfy the mandatory continuing education requirements shall not\npractice until they have met such requirements, and they have been\nissued a registration certificate, except that a pharmacist may practice\nwithout having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n  (b) In accord with the intent of this section, adjustment to the\nmandatory continuing education requirement may be granted by the\ndepartment for reasons of health certified by an appropriate health care\nprofessional, for extended active duty with the armed forces of the\nUnited States, or for other good cause acceptable to the department\nwhich may prevent compliance.\n  (c) A licensed pharmacist not engaged in practice as determined by the\ndepartment, shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of pharmacy during\nthe triennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory education\nrequirements as shall be prescribed by regulations of the commissioner.\n  * 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of forty-five hours of acceptable\nformal continuing education, as specified in subdivision four of this\nsection, provided that no more than twenty-two hours of such continuing\neducation shall consist of self-study courses. Any pharmacist\nparticipating in collaborative drug therapy management pursuant to\nsection six thousand eight hundred one-a of this article shall complete\nat least five hours of acceptable formal continuing education in the\narea or areas of practice generally related to any collaborative drug\ntherapy management protocols to which the pharmacist may be subject. Any\npharmacist whose first registration date following the effective date of\nthis section occurs less than three years from such effective date, but\non or after January first, nineteen hundred ninety-eight, shall complete\ncontinuing education hours on a prorated basis at the rate of one and\none-quarter hours per month for the period beginning January first,\nnineteen hundred ninety-seven up to the first registration date\nthereafter. A licensee who has not satisfied the mandatory continuing\neducation requirements shall not be issued a triennial registration\ncertificate by the department and shall not practice unless and until a\nconditional registration certificate is issued as provided for in\nsubdivision three of this section. Continuing education hours taken\nduring one triennium may not be transferred to a subsequent triennium.\n  * NB Effective until July 1, 2030\n  * 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of forty-five hours of acceptable\nformal continuing education, as specified in subdivision four of this\nsection, provided that no more than twenty-two hours of such continuing\neducation shall consist of self-study courses. Any pharmacist whose\nfirst registration date following the effective date of this section\noccurs less than three years from such effective date, but on or after\nJanuary first, nineteen hundred ninety-eight, shall complete continuing\neducation hours on a prorated basis at the rate of one and one-quarter\nhours per month for the period beginning January first, nineteen hundred\nninety-seven up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n  * NB Effective July 1, 2030\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 pharmacy without such registration, may be\nsubject to disciplinary proceedings pursuant to section sixty-five\nhundred ten of this chapter.\n  4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" shall mean formal courses of learning which\ncontribute to professional practice in pharmacy and which meet the\nstandards prescribed by regulations of the commissioner. The department\nmay, in its discretion and as needed to contribute to the health and\nwelfare of the public, require the completion of continuing education\ncourses in specific subjects. To fulfill this mandatory continuing\neducation requirement, courses must be taken from a sponsor approved by\nthe department, pursuant to the regulations of the commissioner.\n  5. Pharmacists shall maintain adequate documentation of completion of\nacceptable formal continuing education and shall provide such\ndocumentation at the request of the department. Failure to provide such\ndocumentation upon the request of the department shall be an act of\nmisconduct subject to disciplinary proceedings pursuant to section\nsixty-five hundred ten of this chapter.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section sixty-eight hundred five of this\narticle.\n
N.Y. PML Law § 1367 — New York Code / Act PML / Article 13 / Title 8 / Section 1367
Sports wagering
Status: in_force

§ 1367. Sports wagering. 1. As used in this section and in section\nthirteen hundred sixty-seven-a of this title:\n  (a) "Platform provider" means an entity selected by the commission to\nconduct mobile sports wagering pursuant to a competitive bidding\nprocess;\n  (b) "Authorized sports bettor" means an individual who is physically\npresent in this state when placing a sports wager, who is not a\nprohibited sports bettor, and who participates in sports wagering\noffered by a casino or a mobile sports wagering licensee;\n  (c) "Casino" means a licensed gaming facility at which gambling is\nconducted pursuant to the provisions of this article;\n  (d) "Commission" means the New York state gaming commission\nestablished pursuant to section one hundred two of this chapter;\n  (e) "Collegiate sport or athletic event" means a sport or athletic\nevent offered or sponsored by, or played in connection with a public or\nprivate institution that offers educational services beyond the\nsecondary level;\n  (f) "Covered persons" includes: athletes; players; umpires; referees;\nofficials; personnel associated with players, clubs, teams, leagues, and\nathletic associations; medical professionals, including athletic\ntrainers, who provide services to athletes and players; and the family\nmembers of these persons;\n  (g) "High school sport or athletic event" means a sport or athletic\nevent offered or sponsored by or played in connection with a public or\nprivate institution that offers education services at the secondary\nlevel;\n  (h) "In-play sports wager" means a sports wager placed on a sports\nevent after the sports event has begun and before it ends;\n  (i) "Layoff bet" means a sports wager placed by a casino sports pool\nwith another casino sports pool;\n  (j) "Minor" means any person under the age of twenty-one years;\n  (k) "Mobile sports wagering platform" or "platform" means the\ncombination of hardware, software, and data networks used to manage,\nadminister, or control sports wagering and any associated wagers\naccessible by any electronic means including mobile applications and\ninternet websites accessed via a mobile device or computer;\n  (l) "Mobile sports wagering operator" means a mobile sports wagering\nskin which has been licensed by the commission to operate a sports pool\nthrough a mobile sports wagering platform;\n  (m) "Mobile sports wagering licensee" means a platform provider and a\nmobile sports wagering operator licensed by the commission;\n  (n) "Operator" means a casino which has elected to operate a sports\npool;\n  (o) "Professional sport or athletic event" means an event at which two\nor more persons participate in sports or athletic events and receive\ncompensation in excess of actual expenses for their participation in\nsuch event;\n  (p) "Conduct potentially warranting further investigation" means any\nstatement, action, or other communication intended to unlawfully\ninfluence, manipulate, or control a wagering outcome of a sporting\ncontest or performance in a sporting contest in exchange for a benefit\nor to avoid financial or physical harm. "Conduct potentially warranting\nfurther investigation" may include, but not be limited to, statements,\nactions, and communications made to a covered person;\n  (q) "Professional sports stadium or arena" means a stadium, ballpark,\nor arena in which a professional sport or athletic event occurs;\n  (r) "Prohibited sports bettor" means:\n  (i) any officer or employee of the commission;\n  (ii) any principal or key employee of a casino, mobile sports wagering\nlicensee, and its affiliates, except as may be permitted by the\ncommission;\n  (iii) any casino gaming or non-gaming employee at the casino that\nemploys such person and any gaming or non-gaming employee at the mobile\nsports wagering licensee that employs such person;\n  (iv) any contractor, subcontractor, or consultant, or officer or\nemployee of a contractor, subcontractor, or consultant, of a casino or a\nmobile sports wagering licensee if such person is directly involved in\nthe operation or observation of sports wagering, or the processing of\nsports wagering claims or payments;\n  (v) any person subject to a contract with the commission if such\ncontract contains a provision prohibiting such person from participating\nin sports wagering;\n  (vi) any spouse, child, sibling or parent residing in the principal\nplace of abode of any of the foregoing persons at the same casino or\nmobile sports wagering licensee where the foregoing person is prohibited\nfrom participating in sports wagering;\n  (vii) any amateur or professional athlete if the sports wager is based\non any sport or athletic event that the athlete participates in at such\namateur or professional level;\n  (viii) any sports agent, owner or employee or independent contractor\nof a team, player and umpire union personnel, and employee referee,\ncoach or official of a sports governing body, if the sports wager is\nbased on any sport or athletic event overseen by the individual's sports\ngoverning body;\n  (ix) any individual placing a wager as an agent or proxy for another\nperson known to be a prohibited sports bettor; or\n  (x) any minor.\n  (s) "Prohibited sports event" means a sport or athletic event in which\nany New York college team participates regardless of where the event\ntakes place, or high school sport or athletic event. The following shall\nnot be considered prohibited sports events: (i) a collegiate tournament,\nand (ii) a sports event within such tournament so long as no New York\ncollege team is participating in that particular sports event;\n  (t) "Sports event" means any professional sport or athletic event and\nany collegiate sport or athletic event, except a prohibited sports\nevent;\n  (u) "Sports governing body" means the organization that prescribes\nfinal rules and enforces codes of conduct with respect to a sporting\nevent and participants therein;\n  (v) "Sports pool" means the business of accepting wagers on any sports\nevent by any system or method of wagering;\n  (w) "Sports wager" means cash or cash equivalent that is paid by an\nauthorized sports bettor to a casino or a mobile sports wagering\nlicensee to participate in sports wagering offered by such casino or\nmobile sports wagering licensee;\n  (x) "Sports wagering" means wagering on sporting events or any portion\nthereof, or on the individual performance statistics of athletes\nparticipating in a sporting event, or combination of sporting events, by\nany system or method of wagering, including, but not limited to,\nin-person communication and electronic communication through internet\nwebsites accessed via a mobile device or computer, and mobile device\napplications; provided however that sports wagers shall include, but are\nnot limited to, single-game bets, teaser bets, parlays, over-under bets,\nmoney line, pools, in-game wagering, in-play bets, proposition bets, and\nstraight bets;\n  (y) "Sports wagering gross revenue" means: (i) the amount equal to the\ntotal of all sports wagers not attributable to prohibited sports events\nthat a mobile sports wagering licensee collects from all sports bettors,\nless the total of all sums not attributable to prohibited sports events\npaid out as winnings to all sports bettors, however, that the total of\nall sums paid out as winnings to sports bettors shall not include the\ncash equivalent value of any merchandise or thing of value awarded as a\nprize;\n  (z) "Sports wagering lounge" means an area wherein a sports pool is\noperated at a casino for placement of in-person wagers;\n  (aa) "Unusual wagering activity" means abnormal wagering activity\nexhibited by patrons and deemed by the casino, the mobile sports\nwagering licensee, or commission pursuant to rules and regulations\npromulgated by the commission, as a potential indicator of suspicious\nactivity. Abnormal wagering activity may include, but is not limited to,\nthe size of a patron's wager or increased wagering volume on a\nparticular event or wager type;\n  (bb) "Suspicious wagering activity" means unusual wagering activity\nthat cannot be explained and is indicative of match fixing, the\nmanipulation of an event, misuse of inside information, or other\nprohibited activity; and\n  (cc) "Independent integrity monitor" means an independent individual\nor entity approved by the commission to receive reports of unusual\nwagering activity from a casino, mobile sports wagering licensee, or\ncommission for the purpose of assisting in identifying suspicious\nwagering activity.\n  2. (a) In addition to authorized gaming activities, a casino may\noperate a sports pool upon the approval of the commission and in\naccordance with the provisions of this section and applicable\nregulations promulgated pursuant to this article. The commission shall\nhear and decide promptly and in reasonable order all applications for a\nlicense to operate a sports pool, shall have the general responsibility\nfor the implementation of this section and shall have all other duties\nspecified in this section with regard to the operation of a sports pool.\nThe license to operate a sports pool shall be in addition to any other\nlicense required to be issued to operate a casino. No license to operate\na sports pool shall be issued by the commission to any entity unless it\nhas established its financial stability, integrity and responsibility\nand its good character, honesty and integrity.\n  No later than five years after the date of the issuance of a license\nand every five years thereafter or within such lesser periods as the\ncommission may direct, a licensee shall submit to the commission such\ndocumentation or information as the commission may by regulation\nrequire, to demonstrate to the satisfaction of the executive director of\nthe commission that the licensee continues to meet the requirements of\nthe law and regulations.\n  (b) A sports pool shall be operated in a sports wagering lounge\nlocated at a casino. The lounge shall conform to all requirements\nconcerning square footage, design, equipment, security measures and\nrelated matters which the commission shall by regulation prescribe.\nProvided, however, the commission may also approve additional locations\nfor a sports pool within the casino, in areas that have been approved by\nthe commission for the conduct of other gaming, to be operated in a\nmanner and methodology as regulation shall prescribe.\n  (c) The operator of a sports pool shall establish or display the odds\nat which wagers may be placed on sports events.\n  (d) An operator shall accept wagers on sports events only from persons\nphysically present in the sports wagering lounge, through mobile sports\nwagering offered pursuant to section thirteen hundred sixty-seven-a of\nthis title, if such operator is also a mobile sports wagering licensee,\nor any additional locations for a sports pool within the casino,\napproved by the gaming commission. A person placing a wager shall be at\nleast twenty-one years of age.\n  (e) An operator or mobile sports wagering licensee may also accept\nlayoff bets as long as the authorized sports pool places such wagers\nwith another authorized sports pool or pools in accordance with\nregulations of the commission. A sports pool that places a layoff bet\nshall inform the sports pool accepting the wager that the wager is being\nplaced by a sports pool and shall disclose its identity.\n  (f) An operator or mobile sports wagering licensee may utilize global\nrisk management pursuant to the approval of the commission.\n  (g) An operator or mobile sports wagering licensee shall not admit\ninto the sports wagering lounge, or accept wagers from, any person whose\nname appears on the exclusion list.\n  (h) The holder of a license to operate a sports pool may contract with\nan entity to conduct that operation, in accordance with the regulations\nof the commission. That entity shall obtain a license as a casino vendor\nenterprise prior to the execution of any such contract, and such license\nshall be issued pursuant to the provisions of section one thousand three\nhundred twenty-seven of this article and in accordance with the\nregulations promulgated by the commission.\n  (i) If any provision of this article or its application to any person\nor circumstance is held invalid, the invalidity shall not affect other\nprovisions or applications of this article which can be given effect\nwithout the invalid provision or application, and to this end the\nprovisions of this article are severable.\n  3. (a) All persons employed directly in wagering-related activities\nconducted within a sports wagering lounge shall be licensed as a casino\nkey employee or registered as a gaming employee, as determined by the\ncommission. All other employees who are working in the sports wagering\nlounge may be required to be registered, if appropriate, in accordance\nwith regulations of the commission.\n  (b) Each operator of a sports pool shall designate one or more casino\nkey employees who shall be responsible for the operation of the sports\npool. At least one such casino key employee shall be on the premises\nwhenever sports wagering is conducted.\n  4. Except as otherwise provided by this article, the commission shall\nhave the authority to regulate sports pools and the conduct of sports\nwagering under this article to the same extent that the commission\nregulates other gaming. No casino or mobile sports wagering licensee\nshall be authorized to operate a sports pool unless it has produced\ninformation, documentation, and assurances concerning its financial\nbackground and resources, including cash reserves, that are sufficient\nto demonstrate that it has the financial stability, integrity, and\nresponsibility to operate a sports pool. In developing rules and\nregulations applicable to sports wagering, the commission shall examine\nthe regulations implemented in other states where sports wagering is\nconducted and shall, as far as practicable, adopt a similar regulatory\nframework. The commission shall promulgate regulations necessary to\ncarry out the provisions of this section, including, but not limited to,\nregulations governing the:\n  (a) amount of cash reserves to be maintained by casinos and mobile\nsports wagering licensees to cover winning wagers;\n  (b) acceptance of wagers on a series of sports events;\n  (c) maximum wagers which may be accepted by a casino or mobile sports\nwagering licensee from any one patron on any one sports event;\n  (d) type of wagering tickets which may be used;\n  (e) method of issuing tickets;\n  (f) method of accounting to be used by casinos and mobile sports\nwagering licensees;\n  (g) types of records which shall be kept;\n  (h) use of credit and checks by authorized sports bettors;\n  (i) the process by which a casino may place a layoff bet;\n  (j) the use of global risk management;\n  (k) type of system for wagering; and\n  (l) protections for a person placing a wager.\n  5. Each casino and mobile sports wagering licensee shall adopt\ncomprehensive house rules governing sports wagering transactions with\nits authorized sports bettors. The rules shall specify the amounts to be\npaid on winning wagers and the effect of schedule changes. The house\nrules, together with any other information the commission deems\nappropriate, shall be conspicuously displayed in the sports wagering\nlounge and included in the terms and conditions of the account wagering\nsystem, and copies shall be made readily available to authorized sports\nbettors. 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 complaints by authorized sports\nbettors 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  6. (a) Each casino and mobile sports wagering operator that offers\nsports wagering shall annually submit a report to the commission no\nlater than the twenty-eighth of February of each year, which shall\ninclude the following information:\n  (i) the total amount of sports wagers received from authorized sports\nbettors;\n  (ii) the total amount of prizes awarded to authorized sports bettors;\n  (iii) the total amount of sports wagering gross revenue received by\nthe casino or mobile sports wagering operator;\n  (iv) the total amount of wagers received on each sports governing\nbody's sporting events;\n  (v) the number of accounts held by authorized sports bettors;\n  (vi) the total number of new accounts established in the preceding\nyear, as well as the total number of accounts permanently closed in the\npreceding year;\n  (vii) the total number of authorized sports bettors that requested to\nexclude themselves in a prior year who participated in sports wagering;\nand\n  (viii) any additional information that the commission deems necessary\nto carry out the provisions of this article.\n  (b) The commission shall annually publish a report based on the\naggregate information provided by all casinos and mobile sports wagering\noperators pursuant to paragraph (a) of this subdivision, which shall be\npublished on the commission's website no later than one hundred eighty\ndays after the deadline for the submission of individual reports as\nspecified in such paragraph (a).\n  7. For the privilege of conducting sports wagering in the state,\ncasinos shall pay a tax equivalent to ten percent of their sports\nwagering gross gaming revenue, excluding sports wagering gross gaming\nrevenue attributed to mobile sports wagering offered pursuant to section\nthirteen hundred sixty-seven-a of this title. Platform providers shall\npay a tax constituting a certain percentage of the sports wagering gross\ngaming revenue attributed to mobile sports wagering offered through such\nplatform provider's platform pursuant to section thirteen hundred\nsixty-seven-a of this title; provided however, that such percentage\nshall be determined pursuant to a competitive bidding process conducted\nby the commission as outlined in subdivision seven of section thirteen\nhundred sixty-seven-a of this title; and provided further, that such\npercentage shall be no lower than twelve percent. When awarding a\nlicense pursuant to section thirteen hundred sixty-seven-a of this\ntitle, the commission may set graduated tax rates; provided however,\nthat any such tax rates may not be lower than the minimum rate\nestablished in this subdivision.\n  8. Notwithstanding section thirteen hundred fifty-one of this article,\nmobile sports wagering gross gaming revenue and tax revenue shall be\nexcluded from sports wagering gross gaming revenue and tax revenue.\nMobile sports wagering tax revenue shall be separately maintained and\nreturned to the state for deposit into the state lottery fund for\neducation aid except as otherwise provided in this subdivision. Any\ninterest and penalties imposed by the commission relating to those\ntaxes, all penalties levied and collected by the commission, and the\nappropriate funds, cash or prizes forfeited from sports wagering shall\nbe deposited into the state lottery fund for education. In fiscal year\ntwo thousand twenty-two, the commission shall pay into the commercial\ngaming fund one percent of the state tax imposed on mobile sports\nwagering by this section to be distributed for problem gambling\neducation and treatment purposes pursuant to paragraph a of subdivision\nfour of section ninety-seven-nnnn of the state finance law; provided\nhowever, that such amount shall be equal to six million dollars for each\nfiscal year through fiscal year two thousand twenty-six and twelve\nmillion dollars for each fiscal year thereafter, provided that this\namount may only be expended pursuant to a plan approved by the director\nof the budget. In fiscal year two thousand twenty-two, the commission\nshall pay one percent of the state tax imposed on mobile sports wagering\nby this section to the general fund, a program to be administered by the\noffice of children and family services for a statewide youth sports\nactivities and education grant program for the purpose of providing\nannual awards to sports programs for underserved youth under the age of\neighteen years; provided however, that such amount shall be equal to\nfive million dollars for each fiscal year thereafter. The commission\nshall require at least monthly deposits by a platform provider of any\npayments pursuant to subdivision seven of this section, at such times,\nunder such conditions, and in such depositories as shall be prescribed\nby the state comptroller. The deposits shall be deposited to the credit\nof the state commercial gaming revenue fund. The commission shall\nrequire a monthly report and reconciliation statement to be filed with\nit on or before the tenth day of each month, with respect to gross\nrevenues and deposits received and made, respectively, during the\npreceding month.\n  9. The commission may perform audits of the books and records of a\ncasino or mobile sports wagering licensee pursuant to section one\nhundred four of this chapter.\n  10. Nothing in this section shall apply to interactive fantasy sports\noffered pursuant to article fourteen of this chapter. Nothing in this\nsection authorizes any entity that conducts interactive fantasy sports\noffered pursuant to article fourteen of this chapter to conduct sports\nwagering unless it separately qualifies for, and obtains, authorization\npursuant to this section.\n  11. A sports governing body may notify the commission that it desires\nto restrict, limit, or exclude wagering on its sporting events by\nproviding notice in the form and manner as the commission may require.\nUpon receiving such notice, the commission shall review the request in\ngood faith, seek input from the casinos or mobile sports wagering\nlicensees on such a request, and if the commission deems it appropriate,\npromulgate regulations to restrict such sports wagering.\n  12. (a) When potential criminal activity is suspected by the\ncommission, the commission shall designate the division of the state\npolice to have primary responsibility for assisting the commission in\nconducting investigations into unusual wagering activity, match fixing,\nand other conduct that corrupts a wagering outcome of a sporting event\nor events.\n  (b) Casinos and mobile sports wagering licensees shall maintain\nrecords of sports wagering operations in accordance with regulations\npromulgated by the commission. These regulations shall, at a minimum,\nrequire a casino or mobile sports wagering operator to adopt procedures\nto obtain personally identifiable information from any individual who\nplaces any single wager in an amount of ten thousand dollars or greater\nor making a potential payout or actual payout of ten thousand dollars or\ngreater on a winning wager.\n  (c) Casinos, mobile sports wagering licensees and sports governing\nbodies shall cooperate with the commission to ensure the timely,\nefficient, and accurate sharing of information.\n  (d) Casinos, mobile sports wagering licensees and sports governing\nbodies shall cooperate with investigations conducted by the commission\nor law enforcement agencies, including but not limited to providing or\nfacilitating the provision of account-level wagering information and\naudio or video files relating to persons placing wagers; provided,\nhowever, that the casino and mobile sports wagering operator shall not\nbe required to share any personally identifiable information of an\nauthorized sports bettor with any sports governing body unless ordered\nto do so by the commission, a law enforcement agency or court of\ncompetent jurisdiction.\n  (e) (i) Casinos and mobile sports wagering licensees shall promptly\nreport to the commission and any third party integrity monitoring\nprovider approved by the commission, as applicable and in accordance\nwith rules and regulations established by the commission, any\ninformation relating to:\n  (1) criminal or disciplinary proceedings commenced against the casino\nor mobile sports wagering licensee in connection with its operations;\n  (2) unusual wagering activity or patterns that may indicate a concern\nwith the integrity of a sporting event or events;\n  (3) any potential breach of the relevant sports governing body's\ninternal rules and codes of conduct pertaining to sports wagering, as\nthey have been provided by the sports governing body to the casino or\nthe mobile sports wagering operator;\n  (4) any other conduct that corrupts a wagering outcome of a sporting\nevent or events, including match fixing; and\n  (5) suspicious or illegal wagering activities, including use of funds\nderived from illegal activity, wagers to conceal or launder funds\nderived from illegal activity, using agents to place wagers, using\nconfidential non-public information, and using false identification.\n  (ii) The commission may share information relating to conduct\ndescribed in clauses two, three and four of subparagraph (i) of this\nparagraph with the relevant sports governing body.\n  (iii) The commission shall be authorized to share any information\nunder this section with any law enforcement entity, team, sports\ngoverning body, or regulatory agency the commission deems appropriate.\nSuch sharing of information may include, but is not limited to, account\nlevel wagering information and any audio or video files related to the\ninvestigation.\n  (iv) A casino or mobile sports wagering licensee may be required to\nshare any personally identifiable information of an authorized sports\nbettor with a sports governing body only pursuant to an order to do so\nby the commission, a law enforcement agency or a court of competent\njurisdiction.\n  (f) The confidentiality of information shared between a sports\ngoverning body and a casino or a mobile sports wagering operator shall\nbe maintained pursuant to all applicable data privacy laws, unless\ndisclosure is required by this section, the commission, other law, or\ncourt order. Furthermore, the information shared between a sports\ngoverning body, a casino, a mobile sports wagering operator or any other\nparty pursuant to this act may not be used for business or marketing\npurposes by the recipient without the express written approval of the\nparty that provides such information.\n  (g) The commission, by regulation, may authorize and promulgate any\nrules necessary to implement agreements with other states, or authorized\nagencies thereof to enable the sharing of information to facilitate\nintegrity monitoring and the conduct of investigations into abnormal\nwagering activity, match fixing, and other conduct that corrupts a\nwagering outcome of a sporting event or events.\n  (h) In the event of the creation of an entity that maintains an\ninterstate database of sports wagering information for the purpose of\nintegrity monitoring, the commission may share information and cooperate\nwith such entity pursuant to regulations promulgated by the commission.\n  (i) Casinos and mobile sports wagering licensees shall adopt\nprocedures to prevent persons from wagering on sports events who are\nprohibited from placing sports wagers. A casino or mobile sports\nwagering licensee shall not accept wagers from any person:\n  (i) whose name appears on the exclusion list maintained by the\ncommission and provided to the casino or mobile sports wagering\nlicensee;\n  (ii) whose name appears on any self-exclusion list maintained by the\ncommission and provided to the casino or mobile sports wagering\nlicensee;\n  (iii) who is the operator, director, officer, owner, or employee of\nthe casino or mobile sports wagering licensee or any spouse, child,\nsibling or parent living in the same principal place of abode as such\nindividual;\n  (iv) who has been identified as a prohibited sports bettor in a list\nprovided by the sports governing body to the commission and casino or\nmobile sports wagering operator, that identifies the individual by such\npersonally identifiable information as specified by rules and\nregulations promulgated by the commission; or\n  (v) who is an agent or proxy for a prohibited sports bettor.\n  (j) The commission shall establish a method of communication, which\nmay include, but is not limited to a website form, that allows any\nperson to confidentially report information about conduct potentially\nwarranting further investigation to the commission. The identity of any\nperson reporting conduct potentially warranting further investigation to\nthe commission shall remain confidential unless that person authorizes\ndisclosure of his or her identity or until such time as the allegation\nof conduct potentially warranting further investigation is referred to\nlaw enforcement. The commission shall promulgate rules governing the\ninvestigation and resolution of a charge of any person purported to have\nengaged in conduct potentially warranting further investigation.\n  13. The commission shall promulgate rules that require a casino or\nmobile sports wagering licensees to implement responsible gaming\nprograms that include comprehensive employee trainings on responding to\ncircumstances in which individuals present signs of a gambling addiction\nand requirements for casinos and mobile sports wagering licensees under\nsection thirteen hundred sixty-seven-a of this title to assess, prevent,\nand address problem gaming by such casino's or mobile sports wagering\nlicensee's users.\n  14. For purposes of wager determination, the commission shall provide\na preference for the use of official league data unless the use of other\nobjective wager determination criteria has been justified to the\nsatisfaction of the commission.\n  15. The conduct of sports wagering in violation of this section is\nprohibited.\n  16. (a) In addition to any criminal penalties provided for under\narticle two hundred twenty-five of the penal law, any person, firm,\ncorporation, association, agent, or employee, who is not authorized to\noffer sports wagering under this section or section thirteen hundred\nsixty-seven-a of this title, and who knowingly offers or attempts to\noffer sports wagering or mobile sports wagering in New York shall be\nliable for a civil penalty of not more than one hundred thousand dollars\nfor each violation, not to exceed five million dollars for violations\narising out of the same transaction or occurrence, which shall accrue to\nthe state and may be recovered in a civil action brought by the attorney\ngeneral.\n  (b) Any person, firm, corporation, association, agent, or employee who\nknowingly violates any procedure implemented under this section, or\nsection thirteen hundred sixty-seven-a of this title, shall be liable\nfor a civil penalty as described in section one hundred sixteen of this\nchapter which shall accrue to the state and may be recovered in a civil\naction brought by the commission.\n
N.Y. EDN Law § 8207 — New York Code / Act EDN / Title 8 / Article 159 / Section 8207
Exempt persons
Status: in_force

§ 8207. Exempt persons.  This article shall not be construed as\nprohibiting:\n  (1) The practice of any other professions licensed or registered under\nthis title.\n  (2) Any person employed by the federal, state or a local government or\nby a public or non-public elementary or secondary school or an\ninstitution of higher learning from performing the duties of a\nspeech-language pathologist, an audiologist, a teacher of the speech and\nhearing handicapped, or a teacher of the deaf in the course of such\nemployment.\n  (3) Any person from engaging in clinical or academic practice under\nthe supervision of a licensed speech-language pathologist or audiologist\nfor such period of time as may be necessary to complete an experience\nrequirement for a professional license, as provided in this article and\nin rules or regulations approved by the board of regents with the advice\nof the state board for speech-language pathology and audiology.\n  (4) A person from another state from performing speech-language\npathology or audiology services in this state provided such services are\nperformed for no more than thirty days in any calendar year and provided\nthat such services are performed in conjunction with and/or under the\nsupervision of a speech-language pathologist or audiologist licensed\nunder this article.\n  (5) Any hearing aid dealer from performing hearing measurements by\nmeans of an audiometer or other testing equipment when used solely for\nthe purpose of selecting, fitting, selling or dispensing an instrument\ndesigned to aid or improve human hearing, including the taking of\nimpressions for the making and fitting of ear molds and the\ndemonstration of use and instructions of persons in the use of such\nhearing aids and accessories thereto.\n  (6) A student from engaging in clinical practice, under the\nsupervision of a licensed audiologist or a licensed speech-language\npathologist as part of a nationally accredited program or a state\nlicensure qualifying program in speech-language pathology or audiology,\npursuant to subdivision three of section eighty-two hundred six of this\narticle.\n
N.Y. PBA Law § 1197-O — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-O
Conflicts of interest of members of the board of directors and officers and employees of the authority
Status: in_force

§ 1197-o. Conflicts of interest of members of the board of directors\nand officers and employees of the authority. No member of the board of\ndirectors or officer or employee of the authority shall have any\ninterest in any contract, or take any action or otherwise involve\nhimself or herself in any activity which, pursuant to article eighteen\nof the general municipal law, would be deemed a conflict of interest for\na municipal officer or employee holding a position with a municipality\nsimilar to the position held by the member, officer or employee with the\nauthority.\n  It shall not be deemed a conflict of interest for a person to\nsimultaneously hold positions as a member and as an officer of the\nauthority.\n
N.Y. VAT Law § 1645 — New York Code / Act VAT / Title 8 / Article 39 / Section 1645
Exempting fuel oil trucks from use of truck routes in cities having a population in excess of one million
Status: in_force

§ 1645. Exempting fuel oil trucks from use of truck routes in cities\nhaving a population in excess of one million. No ordinance, order, rule\nor regulation made by the legislative body of any city having a\npopulation in excess of one million shall require any fuel oil truck to\nuse a designated truck route while such fuel oil truck is being used to\nmake deliveries to a heating oil customer or is returning to the place\nof business of the owner of such fuel oil truck immediately after having\nmade a delivery to a heating oil customer.\n
N.Y. PBA Law § 1826 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 4 / Section 1826
The project occupant
Status: in_force

§ 1826. The project occupant. The project occupant must be found by\nthe authority to be financially responsible and presumptively able to\ncomply with the terms and conditions of any lease, mortgage or other\nagreement made by it with the authority or a local development\ncorporation in respect of the project. In making this finding, the\nauthority shall consider all information reasonably available to it,\nincluding information as to the business reputation of the project\noccupant, the character and ability of its management, the adequacy of\nits financial resources, the market demand for its products, the\nadequacy of its distribution methods, its past earnings and the\nlikelihood that it can successfully meet any required payments under\nsuch lease, mortgage or other agreement out of current income.\n
N.Y. EDN Law § 6541 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6541
Requirements for license
Status: in_force

§ 6541. Requirements for license. 1. To qualify for a license as a\nphysician assistant, each person shall pay a fee of one hundred fifteen\ndollars to the department for admission to a department conducted\nexamination, a fee of forty-five dollars for each reexamination and a\nfee of seventy dollars for persons not requiring admission to a\ndepartment conducted examination and shall also submit satisfactory\nevidence, verified by oath or affirmation, that he or she:\n  (a) at the time of application is at least twenty-one years of age;\n  (b) is of good moral character;\n  (c) has received an education including a bachelor's or equivalent\ndegree in accordance with the commissioner's regulations;\n  (d) has satisfactorily completed an approved program for the training\nof physician assistants. The approved program for the training of\nphysician assistants shall include not less than forty weeks of\nsupervised clinical training and thirty-two credit hours of classroom\nwork.  Applicants for a license as a physician assistant who have\ncompleted an approved program leading to a bachelor's degree or\nequivalent in physician assistant studies shall be deemed to have\nsatisfied this paragraph. The commissioner is empowered to determine\nwhether an applicant possesses equivalent education and training, such\nas experience as a nurse or military corpsman, which may be accepted in\nlieu of all or part of an approved program; and\n  (e) in the case of an applicant for a license as a physician\nassistant, has obtained a passing score on an examination acceptable to\nthe department.\n  2. The department shall furnish to each person applying for a license\npursuant to this section an application form calling for such\ninformation as the department deems necessary and shall issue to each\napplicant who satisfies the requirements of subdivision one of this\nsection a license as a physician assistant in a particular medical\nspecialty for the period expiring December thirty-first of the first\nodd-numbered year terminating subsequent to the issuance of such\nlicense.\n  3. Every licensee shall apply to the department for a renewal of his\nor her license. The department shall mail to every licensed physician\nassistant an application form for renewal, addressed to the licensee's\npost office address on file with the department. Upon receipt of such\napplication properly executed, together with evidence of satisfactory\ncompletion of such continuing education requirements as may be\nestablished by the commissioner of health pursuant to section\nthirty-seven hundred one of the public health law, the department shall\nissue a renewal. Renewal periods shall be triennial and the renewal fee\nshall be forty-five dollars.\n
N.Y. VAT Law § 1704 — New York Code / Act VAT / Title 8 / Article 44-C / Section 1704
Establishment of central business district tolling program
Status: in_force

§ 1704. Establishment of central business district tolling program. 1.\nThe Triborough bridge and tunnel authority shall establish the central\nbusiness district tolling program.\n  2. The central business district tolling program will operate in the\ncentral business district. The central business district shall include\nthe geographic area in the borough of Manhattan south of and inclusive\nof sixtieth street to the extent practicable but shall not include the\nFDR Drive, and New York state route 9A otherwise known as the "West Side\nhighway" including the Battery Park underpass and any surface roadway\nportion of the Hugh L. Carey Tunnel connecting to West St. The\nboundaries of the central business district shall not be modified,\nexpanded, or reduced and shall incorporate the outer bounds of the\naforementioned district to the extent practicable.\n  2-a. The Triborough bridge and tunnel authority shall enter into a\nmemorandum of understanding with the city department of transportation\nfor purposes of coordinating the planning, design, installation,\nconstruction and maintenance of the central business district tolling\ninfrastructure including required signage. The Memorandum shall address\nthe use of existing systems, devices and other facilities owned and\noperated by the city for the purposes of a central business district\ntolling program, as well as reimbursable costs associated with the\nplanning, design, installation, construction and maintenance of such\nprogram. Such memorandum of understanding shall be entered into no later\nthan sixty days from the effective date of this article.\n  3. (a) Notwithstanding any law to the contrary, the Triborough bridge\nand tunnel authority, pursuant to the memorandum of understanding\nexecuted pursuant to subdivision two-a of this section with the city\ndepartment of transportation shall plan, design, install, construct, and\nmaintain the central business district tolling infrastructure. The city\nof New York shall cooperate and consult with the Triborough bridge and\ntunnel authority to facilitate the planning, design, construction,\ntimely implementation, and maintenance of the central business district\ntolling infrastructure and shall not unduly hinder or delay the\nplanning, designing, installation, operation, construction, timely\nimplementation, or maintenance of the same. Notwithstanding any\nprovision of law to the contrary, the city of New York shall, pursuant\nto the memorandum of understanding executed pursuant to subdivision\ntwo-a of this section with the Triborough bridge and tunnel authority,\nbe authorized to provide for the use of existing systems, devices and\nother facilities owned and operated by the city, including, but not\nlimited to systems and devices installed pursuant to sections one\nthousand one hundred eleven-a, one thousand one hundred eleven-c, and\none thousand one hundred eighty-b of this chapter to facilitate the\nTriborough bridge and tunnel authority's central business district\ntolling program and shall work with the Triborough bridge and tunnel\nauthority to facilitate the same.\n  (b) The Triborough bridge and tunnel authority shall, pursuant to the\nmemorandum of understanding executed pursuant to subdivision two-a of\nthis section with the city department of transportation, plan, design,\ninstall, construct, and maintain a central business district toll\ncollection system and implement and operate the same to collect the\ncentral business district toll.\n  (c) The Triborough bridge and tunnel authority shall plan, design,\nimplement and operate a central business district toll customer service\ncenter.\n  (d) The central business district tolling program shall be planned,\ndesigned, implemented and operated to facilitate payment of central\nbusiness district tolls by credit or debit card, check or automated\nclearing house payment, by telephone or over the internet or any other\nmethod of payment that the Triborough bridge and tunnel authority may\nimplement.\n  (e) All procurements of goods, services or construction of any kind by\nthe Triborough bridge and tunnel authority for the central business\ndistrict tolling program shall be deemed to be subject only to the same\nrequirements that otherwise apply to procurements by the Triborough\nbridge and tunnel authority.\n  (f) Signage shall be clearly delineated to provide notice at a\nreasonable distance prior to, and upon entry into, the central business\ndistrict and upon exit from the central business district. Signage prior\nto entry must include the toll rates to be charged. Additionally,\nsignage shall be provided, where practicable, to provide drivers\nadequate notice to avoid entry into the central business district.\nDesign, placement and installation of signage by the Triborough bridge\nand tunnel authority shall be performed pursuant to the memorandum of\nunderstanding executed pursuant to subdivision two-a of this section\nwith the city department of transportation.\n  4. The central business district tolling infrastructure, the central\nbusiness district toll collection system and the central business\ndistrict tolling customer service center shall be completed by the\noperation date.\n  5. Responsibility for maintenance of the central business district\ntolling infrastructure after the operation date shall be performed by\nthe Triborough bridge and tunnel authority pursuant to the memorandum of\nunderstanding executed pursuant to subdivision two-a of this section\nwith the city department of transportation.\n  6. The planning, designing, constructing, installing or maintaining of\nthe central business district tolling program and the planning,\ndesigning, installing, constructing, operating or maintaining of the\ncentral business district toll collection system by the Triborough\nbridge and tunnel authority including the establishment by such\nauthority of central business district tolls, and any other fees or\nrentals for the use of its projects and any changes thereafter shall not\nbe subject to the provisions of article eight of the environmental\nconservation law, the provisions of chapter six of article forty-three\nor chapter five of title sixty-two of the rules of the city of New York,\nor the provisions of section one hundred ninety-seven-c of the New York\ncity charter, relating to a uniform land use review procedure, nor the\nprovisions of any other local law of the city of New York of like or\nsimilar effect including approvals or charges associated with the use of\nproperty owned and maintained by the city of New York necessary for the\ninstallation of central business district tolling infrastructure nor\nshall the determination of the central business district toll amounts by\nthe Triborough bridge and tunnel authority board be subject to any such\nprovisions of law. The planning, designing, installing, constructing or\nmaintaining of the central business district tolling program by the\nTriborough bridge and tunnel authority shall be performed pursuant to\nthe memorandum of understanding executed pursuant to subdivision two-a\nof this section.\n
N.Y. SOS Law § 444 — New York Code / Act SOS / Article 6 / Title 8 / Section 444
Confidentiality of records; related matters
Status: in_force

§ 444. Confidentiality of records; related matters. 1. The department\nin consultation with the advisory committee shall make regulations;\n  (a) protecting the confidentiality of individual identifying\ninformation submitted to or provided by the service, and preventing\naccess thereto, by, or the distribution thereof to, persons not\nauthorized by law;\n  (b) setting forth procedures for informing any child or his\nrepresentative of the nature of the system and its uses;\n  (c) allowing any child or his representative or any member of his\nfamily, an opportunity to review any information pertaining to such\nchild or family and to request that any part of such information be\namended or expunged; and\n  (d) providing that the service shall remove from its records and\nexpunge the individual identifying information, excluding\nnon-identifying child or family data to be used for historical purposes,\nconcerning any child who has been discharged from care.\n  2. Prior to final promulgation of any regulations as described in\nsubdivision one of this section, the department shall, in addition to\ncomplying with all other advance notice requirements make proposed\nregulations available to all state agencies charged with the\nadministration or supervision of child care programs and to local\ngovernment agencies and persons that have expressed an interest in\nsafeguarding information maintained by the service, and shall provide\nsuch agencies with an opportunity to comment on the proposed\nregulations. In promulgating final regulations the department shall\nconsider any comments received.\n  3. Any persons wilfully violating or failing to comply with the\nprovisions of subdivision one of this section or wilfully violating or\nfailing to comply with any regulation which the department is authorized\nunder such subdivision to make, shall be guilty of a misdemeanor.\n  4. The regulations promulgated pursuant to subdivision one of this\nsection, shall provide that the information compiled and maintained by\nthe service pursuant to paragraph (d) of subdivision ten of section four\nhundred forty-two of this title shall be subject to the confidentiality\nprovisions of title six of this article.\n
N.Y. EDN Law § 6815 — New York Code / Act EDN / Title 8 / Article 137 / Section 6815
Adulterating, misbranding and substituting
Status: in_force

§ 6815. Adulterating, misbranding and substituting.  1.  Adultered\ndrugs.  A drug or device shall be deemed to be adulterated:\n  a. (1) If it consists in whole or in part of any filthy, putrid, or\ndecomposed substance; or (2) if it has been prepared, packed, or held\nunder insanitary conditions whereby it may have been contaminated with\nfilth, or whereby it may have been rendered injurious to health; or (3)\nif it is a drug and its container is composed, in whole or in part, of\nany poisonous or deleterious substance which may render the contents\ninjurious to health; or (4) if it is a drug and it bears or contains,\nfor purposes of coloring only, a coal-tar color other than one from a\nbatch that has been certified in accordance with regulations provided in\nthis article.\n  b. If it purports to be, or is represented as, a drug the name of\nwhich is recognized in an official compendium, and its strength differs\nfrom, or its quality or purity falls below, the standard set forth in\nsuch compendium. Such determination as to strength, quality or purity\nshall be made in accordance with the tests or methods of assay set forth\nin such compendium, or, in the absence or inadequacy of such tests or\nmethods of assay, then in accordance with tests or methods of assay\nprescribed by regulations of the board of pharmacy as promulgated under\nthis article. Deviations from the official assays may be made in the\nquantities of samples and reagents employed, provided they are in\nproportion to the quantities stated in the official compendium. No drug\ndefined in an official compendium shall be deemed to be adulterated\nunder this paragraph because (1) it exceeds the standard of strength\ntherefor set forth in such compendium, if such difference is plainly\nstated on its label; or (2) it falls below the standard of strength,\nquality, or purity therefor set forth in such compendium if such\ndifference is plainly stated on its label, except that this clause shall\napply only to such drugs, or classes of drugs, as are specified in regu-\nlations which the board shall promulgate when, as applied to any drug,\nor class of drugs, the prohibition of such difference is not necessary\nfor the protection of the public health. Whenever a drug is recognized\nin both the United States pharmacopoeia and the homeopathic\npharmacopoeia of the United States, it shall be subject to the\nrequirements of the United States pharmacopoeia unless it is labeled and\noffered for sale as a homeopathic drug, in which case it shall be\nsubject to the provisions of the homeopathic pharmacopoeia of the United\nStates and not to those of the United States pharmacopoeia.\n  c. If it is not subject to the provisions of paragraph b of this\nsubdivision and its strength differs from, or its purity or quality\nfalls below, that which it purports or is represented to possess.\n  d. If it is a drug and any substance has been (1) mixed or packed\ntherewith so as to reduce its quality or strength or (2) substituted\nwholly or in part therefor.\n  e. If it is sold under or by a name not recognized in or according to\na formula not given in the United States pharmacopoeia or the national\nformulary but that is found in some other standard work on pharmacology\nrecognized by the board, and it differs in strength, quality or purity\nfrom the strength, quality or purity required, or the formula prescribed\nin, the standard work.\n  2. Misbranded and substituted drugs and devices. A drug or device\nshall be deemed to be misbranded:\n  a. If its labeling is false or misleading in any particular.\n  b. If in package form, unless it bears a label containing (1) the name\nand place of business of the manufacturer, packer, or distributor; and\n(2) an accurate statement of the quantity of the contents in terms of\nweight, measure, or numerical count:  Provided, that under clause (2) of\nthis paragraph the board may establish reasonable variations as to\nquantity and exemptions as to small packages.\n  c. If any word, statement, or other information required by or under\nauthority of this article to appear on the label or labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or devices, in the labeling) and in\nsuch terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use.\n  d. If it is for use by man and contains any quantity of the narcotic\nor hypnotic substance alpha eucaine, barbituric acid, beta eucaine,\nbromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin,\nmarihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane; or\nany chemical derivative of such substance, which derivative has been by\nthe secretary, after investigation, found to be, and by regulations\nunder this article, or by regulations promulgated by the board,\ndesignated as, habit forming; unless its label bears the name and\nquantity, or proportion, of such substance or derivative and in\njuxtaposition therewith the statement "Warning--May be habit forming."\n  e. If it is a drug and is not designated solely by a name recognized\nin an official compendium unless its label bears (1) the common or usual\nname of the drug, if such there be; and (2) in case it is fabricated\nfrom two or more ingredients, the common or usual name of each active\ningredient, including the kind and quantity by percentage or amount of\nany alcohol, and also including, whether active or not, the name and\nquantity or proportion of any bromides, ether, chloroform, acetanilid,\nacetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,\nhyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain,\nstrophanthin, strychnine, thyroid, or any derivative or preparation of\nany such substances, contained therein: Provided, that, to the extent\nthat compliance with the requirements of clause (2) of this paragraph is\nimpracticable, exemptions shall be established by regulations\npromulgated by the board.\n  f. Unless its labeling bears (1) adequate directions for use; and (2)\nsuch adequate warnings against use in those pathological conditions or\nby children where its use may be dangerous to health, or against unsafe\ndosage or methods or duration of administration or application, in such\nmanner and form, as are necessary for the protection of users: Provided,\nthat, where any requirement of clause (1) of this paragraph, as applied\nto any drug or device, is not necessary for the protection of the public\nhealth, the board shall promulgate regulations exempting such drug or\ndevice from such requirement.\n  g. If it purports to be a drug the name of which is recognized in an\nofficial compendium, unless it is packaged and labeled as prescribed\ntherein: Provided, that, the method of packing may be modified with the\nconsent of the secretary in accordance with regulations promulgated by\nthe board. Whenever a drug is recognized in both the United States\npharmacopoeia and the homeopathic pharmacopoeia of the United States, it\nshall be subject to the requirements of the United States pharmacopoeia\nwith respect to packaging and labeling unless it is labeled and offered\nfor sale as a homeopathic drug, in which case it shall be subject to the\nprovisions of the homeopathic pharmacopoeia of the United States, and\nnot to those of the United States pharmacopoeia.\n  h. (1) If it is a drug and its container is so made, formed or filled\nas to be misleading; (2) if it is an imitation of another drug; (3) if\nit is offered for sale under the name of another drug; or (4) if it\nbears a copy, counterfeit, or colorable imitation of the trademark,\nlabel, container or identifying name or design of another drug.\n  i. If it is dangerous to health when used in the dosage, or with the\nfrequency or duration prescribed, recommended or suggested in the\nlabeling thereof.\n  j. Except as required by article thirty-three of the public health\nlaw, the labeling provisions of this article shall not apply to the\ncompounding and dispensing of drugs on the written prescription of a\nphysician, a dentist, a podiatrist or a veterinarian, which prescription\nwhen filled shall be kept on file for at least five years by the\npharmacist or druggist. Such drug shall bear a label containing the name\nand place of business of the dispenser, the serial number and date of\nthe prescription, directions for use as may be stated in the\nprescription, name and address of the patient and the name of the\nphysician or other practitioner authorized by law to issue the\nprescription.  In addition, such label shall contain the proprietary or\nbrand name of the drug and, if applicable, the strength of the contents,\nunless the person issuing the prescription explicitly states on the\nprescription, in his own handwriting, that the name of the drug and the\nstrength thereof should not appear on the label.\n
N.Y. PBA Law § 1179 — New York Code / Act PBA / Article 5 / Title 8 / Section 1179
Transfer to authority of city sewer system
Status: in_force

§ 1179. Transfer to authority of city sewer system. Upon the filing by\nthe authority with the common council of the city and the secretary of\nstate of the state of New York, of its certificate signed by its\nchairman or vice-chairman stating that the project has been completed,\nthereupon, and by virtue of this title, the existing sewer system,\ntogether with all contracts, books, maps, plans, papers and records of\nwhatever description pertaining to subjects or matters relating to the\ndesign, construction, operation and affairs of the existing sewer system\nshall be assigned, transferred and dedicated to the use of and be in the\npossession of and under the jurisdiction, control and supervision of the\nauthority and the authority is empowered to take possession thereof for\nits uses and purposes. The authority shall thereafter have complete\njurisdiction, control, possession and supervision of the existing sewer\nsystem and of all the facilities in the city for the disposal of sewage\nand storm water, and shall continue to exercise such power for a period\nof five years and so long thereafter as any of the bonds and liabilities\nof the authority shall remain unpaid or shall not have otherwise been\ndischarged. When all of the bonds and liabilities of the authority shall\nhave been paid in full or shall have otherwise been discharged and the\nauthority shall have ceased to exist, the powers, jurisdiction and duty\nof the board shall cease and the property and assets acquired or held by\nit shall thereafter become the property of, and shall be under the\njurisdiction, control, possession and supervision of, the city.\n
N.Y. EDN Law § 7120 — New York Code / Act EDN / Title 8 / Article 144 / Section 7120
Introduction
Status: in_force

§ 7120. Introduction. This article applies to the profession of\nophthalmic dispensing. The general provisions for all professions\ncontained in article one hundred thirty of this title apply to this\narticle.\n
N.Y. EDN Law § 6820 — New York Code / Act EDN / Title 8 / Article 137 / Section 6820
Certification of coal-tar colors for drugs and cosmetics
Status: in_force

§ 6820. Certification of coal-tar colors for drugs and cosmetics. The\nboard shall promulgate regulations providing for the listing of coal-tar\ncolors which are harmless and suitable for use in drugs for purposes of\ncoloring only and for use in cosmetics and for the certification of\nbatches of such colors, with or without harmless diluents.\n
N.Y. PBA Law § 1198-M — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-M
Agreement with the state
Status: in_force

§ 1198-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to fulfill the terms of any agreement made with\nor for the benefit of the holders of bonds or in any way impair the\nrights and remedies of bondholders until the bonds together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of such holders, are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with bondholders.\n
N.Y. PBA Law § 1813 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 2 / Section 1813
Guaranty by the state
Status: in_force

§ 1813. Guaranty by the state. To the extent authorized by the\nconstitution at the time of the issuance of the special purpose bonds or\nnotes of the authority, the punctual payment of such special purpose\nbonds and notes shall be, and the same hereby is, fully and\nunconditionally guaranteed by the state, both as to principal and\ninterest, according to their terms; and such guaranty shall be expressed\nupon the face thereof by the signature or facsimile signature of the\ncomptroller or a deputy comptroller. In the event that the authority\nshall fail to pay when due, the principal of, or interest on, such\nspecial purpose bonds or notes, the comptroller shall set apart from the\nfirst revenues thereafter received, applicable to the general fund of\nthe state, a sum sufficient to pay such principal or interest, as the\ncase may be, and shall so apply the moneys thus set apart and thereupon\nthe state shall be subrogated to the rights of the bondholders or\nnoteholders so paid. The comptroller may be required to set aside and\napply such revenues as aforesaid, at the suit of any holder of such\nbonds or notes.\n
N.Y. EDN Law § 6706 — New York Code / Act EDN / Title 8 / Article 135 / Section 6706
Corporate practice
Status: in_force

§ 6706. Corporate practice.  1. No business corporation, other than a\nprofessional service corporation organized under the business\ncorporation law, shall hereafter be organized for the practice of\nveterinary medicine; no business corporation, other than a professional\nservice corporation, hereafter organized shall be granted a license to\npractice veterinary medicine; and no business corporation, other than a\nprofessional service corporation, hereafter organized shall provide\nveterinary medical services.\n  2. Any not-for-profit corporation may own property in connection with\nan animal hospital or shelter provided that all veterinary practice\nconducted in such facilities shall be performed by a veterinarian\nlicensed and registered under this article.\n
N.Y. PBA Law § 1199-GG — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-GG
Transfer of officers and employees
Status: in_force

* § 1199-gg. Transfer of officers and employees. Any public officer or\nemployee under civil service who is selected by the authority may, with\nthe consent of the commission, board, department or municipality by\nwhich he or she has been employed, be transferred to the authority and\nshall be eligible for such transfer and appointment without examination\nto comparable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee shall after such\ntransfer be paid by the authority. Any such officers or employees so\ntransferred to the authority, pursuant to the provisions of this\nsection, who are members of or beneficiaries under any existing pension\nor retirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but during the period of their employment\nby the authority, all contributions to any such fund or system to be\npaid by the employer on account of such officers and employees, shall be\npaid by the authority. All such officers and employees so transferred to\nthe authority who have been appointed to positions under the rules and\nclassifications of the civil service commission shall have the same\nstatus with respect thereto after transfer to the authority as they had\nunder their original appointments. The appointment and promotion of all\nemployees of the authority shall be made in accordance with the\nprovisions of the civil service law and such rules as the civil service\ncommission may adopt and make applicable to the authority.\n  * NB There are 2 § 1199-gg's\n
N.Y. PBH Law § 1352-B — New York Code / Act PBH / Article 13 / Title 8 / Section 1352-B
Public eating establishments; first aid instructions concerning food lodged in throat; liability
Status: in_force

§ 1352-b. Public eating establishments; first aid instructions\nconcerning food lodged in throat; liability.  1. Definitions. For\npurposes of this section:\n  a. "Public eating establishment" shall mean a cafeteria or lunchroom\nlocated in a school or educational institution and a restaurant, dining\nroom, dining car or other place engaged in the preparation and service\non the premises of food for and to the general public;\n  b. "Choking emergency" shall mean a situation occurring in a public\neating establishment in which food has become lodged in a person's\nthroat in such a manner as to prevent or severely inhibit the continued\nbreathing of such person.\n  2. First aid instructions. a. The commissioner shall adopt and approve\nfirst aid instructions designed and intended for use in removing food\nlodged in the throat of a victim of a choking emergency. Such\ninstructions shall be limited to first aid techniques not involving the\nuse of any physical instrument or device to be inserted into the\nvictim's mouth or throat.\n  b. The commissioner shall, as soon as is practicable, supply to the\nproprietor of every public eating establishment in this state such\nadopted and approved instructions.\n  3. Posting. The proprietor of every public eating establishment in\nthis state shall, upon receipt thereof, post such instructions in a\nconspicuous place or places in order that the proprietor and employees\nmay become familiar with them, and in order that the instructions may be\nconsulted by any person attempting to provide relief to the victim of a\nchoking emergency; provided, that the fact that such instructions shall\nnot have been posted as required by this section at the time of a\nchoking emergency shall not in and of itself subject such a proprietor,\nor his employees or agents, to liability in any civil action for damages\nfor personal injuries or wrongful death arising from such choking\nemergency.\n  4. No duty to act. Nothing contained in this section shall impose any\nduty or obligation on any proprietor, employee or other person to\nremove, assist in removing, or attempt to remove food from the throat of\nthe victim of a choking emergency.\n  5. Immunity from liability. Notwithstanding any inconsistent provision\nof law or ordinance, a proprietor, employee or other person who\nvoluntarily and without expectation of monetary compensation removes,\nassists in removing, or attempts to remove food from the throat of the\nvictim of a choking emergency in accordance with the instructions\nadopted by the commissioner shall not be liable for damages for injuries\nalleged to have been sustained by such victim or for damages for the\ndeath of such victim alleged to have occurred by reason of an act or\nomission in the rendering of such emergency assistance unless it is\nestablished that such injuries were, or such death was, caused by gross\nnegligence on the part of such proprietor, employee or person.\n
N.Y. ENV Law § 17-0828 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0828
Discharges affecting groundwaters
Status: in_force

§ 17-0828. Discharges affecting groundwaters.\n  In addition to any other requirements imposed by this title, any\nperson seeking a SPDES permit or a renewal hereunder, within an area\ndesignated pursuant to any federal or state statute as a sole source\naquifer, shall include as a part of the required information, the name\nand address of all public water purveyors with a service area or portion\nthereof located within a three mile radius of the applicant's facility.\nThe names of all public water purveyors identified in the SPDES permit\napplication or renewal shall be included in the project description as\nset forth when announced in the environmental notice bulletin.\n  For the purposes of this section "public water purveyor" shall mean\nany person, partnership, public or private corporation, municipality, or\npublic authority which sells water derived from a sole source aquifer to\nat least five service connections or at least twenty-five individuals.\n
N.Y. EDN Law § 6505 — New York Code / Act EDN / Title 8 / Article 130* / Section 6505
Construction
Status: in_force

§ 6505. Construction.  No definition of the practice of a profession\nshall be construed to restrain or restrict the performance of similar\nacts authorized in the definition of other professions.\n
N.Y. ENV Law § 9-0809 — New York Code / Act ENV / Article 9 / Title 8 / Section 9-0809
Public participation
Status: in_force

§ 9-0809. Public participation.\n  To assure that all segments of the public have an opportunity to\nparticipate in the development of the plan, the planning program will be\nconducted with a structured program of public participation. The\ndepartment shall establish procedures to keep the public informed about\nthe planning process and to provide opportunities for the public to\ncontribute to that process.\n
N.Y. RSS Law § 70-A — New York Code / Act RSS / Article 2 / Title 8 / Section 70-A
Pensions-for-increased-take-home-pay
Status: in_force

§ 70-a. Pensions-for-increased-take-home-pay.  a. Beginning with a\npayroll period commencing as specified by a participating employer\nelecting to contribute pursuant to the provisions of this section the\ncontribution of each member of the retirement system in the employ of\nsuch a participating employer, exclusive of any increase thereof\npursuant to subdivision i of section twenty-one of this chapter or of\nany reduction thereof pursuant to subdivision one of section one hundred\nthirty-eight-b of this chapter, shall be reduced by five per centum of\nthe compensation of such member. Beginning with a payroll period\ncommencing as specified by a participating employer specifically\nelecting, as provided in subdivision c of this section, to contribute at\nthe higher rate pursuant to the provisions of this section the\ncontribution of each member of the retirement system in the employ of\nsuch a participating employer, exclusive of any increase thereof\npursuant to subdivision i of section twenty-one of this chapter or of\nany reduction thereof pursuant to subdivision one of section one hundred\nthirty-eight-b of this chapter, shall be reduced by an additional three\nper centum of the compensation of such member. Where a member's rate of\ncontribution as so qualified is less than the per centum by which his\ncontribution is reduced, such rate shall be discontinued. Such a\nreduction or discontinuance, as the case may be, shall:\n  1. Be subject to waiver by the member as provided in subdivision j of\nsection twenty-one of this article, as added by this act, and\n  2. Take precedence over the member's privilege under subdivision one\nof section one hundred thirty-eight-b of this chapter, as amended by\nthis act, to decrease his annuity contribution for the purpose of paying\nhis contributions for old-age, survivors, and disability insurance\ncoverage or the tax imposed upon him pursuant to the federal insurance\ncontribution act.\n  aa. Beginning with a payroll period commencing on or after such date,\nas specified by a participating employer electing to contribute pursuant\nto the provisions of this subdivision, the contribution of each member\nof the retirement system in the employ of such a participating employer,\nwhose rate of contribution is in excess of eight per centum, exclusive\nof any increase thereof pursuant to subdivision i of section twenty-one\nof this chapter or of any reduction thereof pursuant to subdivision one\nof section one hundred thirty-eight-b of this chapter or subdivision a\nof this section, shall be suspended. In the case of a participating\nemployer any member may by written notice duly acknowledged and filed\nwith the comptroller beginning with the payroll period commencing on or\nafter such date as specified by a participating employer within one year\nafter the effective date of this act or within one year after he last\nbecame a member, whichever is later, elect to waive the suspension of\nhis contribution provided by this subdivision.  One year or more after\nthe filing thereof a member may withdraw any such waiver by written\nnotice duly acknowledged and filed with the comptroller. Where a member\nmakes an election to waive the suspension of his contributions as herein\nprovided, he shall contribute to the retirement system as otherwise\nprovided in this chapter.\n  However, commencing with the payroll period the first day of which is\nnearest to July first, nineteen hundred sixty-six, the foregoing\nprovisions of subdivision aa shall be inapplicable as to any\nparticipating employers other than those who had filed a resolution\nprior to the effective date of this act to participate thereunder.\n  b. For such period of time as the provisions of subdivision a and\nsubdivision aa of this section shall be in effect, contributions shall\nbe made to the pension accumulation fund by or on account of the state\nand each such participating employer, as provided in sections sixteen,\nseventeen and forty-two of this article, at a rate fixed by the actuary\nwhich shall be computed to be sufficient to provide death benefits and\npensions-providing-for-increased-take-home-pay which are or may become\npayable on account of members in the employ of the state or of such a\nparticipating employer.  Such a benefit or pensions shall be based on a\nreserve-for-increased-take-home-pay which shall be equivalent to the per\ncentum of the member's compensation during such period by which his\ncontribution is reduced, or would otherwise be reduced if his rate of\ncontribution equaled or exceeded eight per centum, pursuant to\nsubdivision a of this section, plus in the case of any member in the\nemploy of the state or of any employee of a participating employer who\nhas elected to participate pursuant to the provisions of this section\nwhose rate of contribution before any reduction as provided in\nsubdivision a of this section exceeds eight per centum, the per centum\nof his compensation during such period by which his contribution is\nsuspended pursuant to subdivision aa, plus regular interest thereon.\nCommencing with the payroll period which is nearest to April first,\nnineteen hundred sixty-one, the provisions of this section shall not\napply to any member for any period or periods during which he ceases or\nhas ceased contributing toward retirement upon completion of twenty\nyears of service pursuant to subdivision c of section eighty, completion\nof twenty-five years of service pursuant to subdivision d of section\neighty-one, subdivision d of section eighty-three, paragraph four of\nsubdivision d of section eighty-four, subdivision e of section\neighty-five, subdivision d of section eighty-six and subdivision d of\nsection eighty-seven, completion of thirty-five years of service and\nattainment of age sixty pursuant to subdivision d of section twenty-one,\nor completion of years of service or attainment of specified age under\nany other similar requirement of this article heretofore or hereafter\nenacted, provided, however, that such member shall receive credit\npursuant to this section for such period or periods for which he\ncontributes or has contributed toward retirement.\n  c. By the adoption, filing and approval, where required, of a\nresolution in the manner provided by sections thirty, thirty-one or\nthirty-two of this article, as the case may be, a participating employer\nmay elect to make contributions to the pension accumulation fund\npursuant to this section for the purpose of providing death benefits and\npensions-providing-for-increased-take-home-pay. Such resolution shall\nspecify the first payroll period after the date of such filing for which\nreduction shall be made pursuant to subdivision a of this section in the\ncontributions of members in its employ and the per centum of their\ncompensation by which their contributions shall be reduced, which shall\nbe five per centum unless eight per centum is specifically elected.\n  d. 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 until the payroll period immediately prior to that the\nfirst day of which is nearest to July first, nineteen hundred\nseventy-four.\n
N.Y. VAT Law § 1620 — New York Code / Act VAT / Title 8 / Article 37 / Section 1620
Speed limits on state highways, and on Indian reservations
Status: in_force

§ 1620. Speed limits on state highways, and on Indian reservations.\n(a) The department of transportation with respect to state highways\nmaintained by the state outside of cities having a population in excess\nof one million, and highways on Indian reservations, may by order, rule\nor regulation establish higher or lower maximum speed limits at which\nvehicles may proceed on or along such highways than the fifty-five miles\nper hour statutory maximum speed limit. No such maximum speed limit\nshall be established at less than twenty-five miles per hour, except\nthat school speed limits may be established at not less than fifteen\nmiles per hour, for a distance not to exceed one thousand three hundred\ntwenty feet, on a highway passing a school building, entrance or exit of\na school abutting on the highway. Absence of signs installed pursuant to\nthis section shall be presumptive evidence that the department of\ntransportation has not established a higher maximum speed limit than the\nfifty-five miles per hour statutory limit.\n  (b) The department of transportation, whenever it determines on the\nbasis of an engineering and traffic investigation that slow speeds on\nany part of a controlled-access state highway maintained by the state\noutside of cities having a population in excess of one million\nconsistently impede the normal and reasonable flow of traffic, may\nestablish minimum speed limits below which vehicles may not proceed on\nor along such highway,\n  (c) The department of transportation may determine the maximum speed\nwhich may be maintained without structural damage to bridges and\nelevated structures that are a part of any state highway maintained by\nthe state, and, if such maximum speed is lower than the maximum speed\nlimit otherwise applicable, may by order, rule or regulation establish\nsuch lower maximum speed limit at which vehicles may proceed on any such\nbridge or structure.\n
N.Y. PBA Law § 1186 — New York Code / Act PBA / Article 5 / Title 8 / Section 1186
Moneys of the authority
Status: in_force

§ 1186. Moneys of the authority. All moneys of the authority, from\nwhatever source derived, shall be paid to the treasurer as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited by the treasurer in one or more banks or\ntrust companies in a special account or accounts, and if the treasurer\nor the authority shall so require, each of such special accounts shall\nbe continuously secured by a pledge of direct obligations of the United\nStates of America or of the state of New York having an aggregate market\nvalue, exclusive of accrued interest, at all times at least equal to the\nbalance on deposit in such account.  Such securities shall either be\ndeposited with the treasurer or be held by a trustee or agent\nsatisfactory to the authority. In lieu of any such pledge of such\nsecurities, such funds may be secured by a surety bond or bonds which\nshall be in form, sufficiency and substance satisfactory to the\nauthority. All banks and trust companies are authorized to give such\nsecurity for such deposits. The moneys in such accounts shall be paid\nout on the warrant or check of the comptroller as agent of the authority\non requisition of the chairman of the authority, or of such other person\nor persons as the authority may authorize to make such requisitions,\nafter audit by the comptroller.  The comptroller and his legally\nauthorized representatives are hereby authorized and empowered from time\nto time to examine the accounts and books of the authority, including\nits receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other matters relating to its finances, operation\nand affairs.\n  The authority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any of its bonds as to the\ncustody, collection, security, investment and payment of any moneys of\nthe authority, or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding that such contract may be inconsistent with the\nprovisions of this section. Moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds and deposits of such\nmoneys may be secured in the same manner as moneys of the authority, and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n
N.Y. LAB Law § 622 — New York Code / Act LAB / Article 18 / Title 8 / Section 622
Rules governing hearings and appeals
Status: in_force

§ 622. Rules governing hearings and appeals. 1. Rules and regulations.\nThe manner in which disputes and appeals shall be presented before\nreferees and the appeal board, respectively, and the conduct of hearings\nbefore referees and the board shall be governed by suitable rules and\nregulations established by the board.\n  2. Evidence and procedure. At any hearing held as herein provided,\nevidence may be offered to support a determination, rule, or order or to\nprove that it is incorrect. The appeal board and the referees, in\nhearings and appeals under any provision of this article, shall not be\nbound by common law or statutory rules of evidence or by technical or\nformal rules of procedure but may conduct the hearings and appeals in\nsuch manner as to ascertain the substantial rights of the parties.\nHearings governed by this article may be closed and hearing transcripts\nmay be redacted in accordance with applicable federal or state statutory\nand regulatory requirements governing information confidentiality and\npersonal privacy, including, but not limited to, article six and article\nsix-A of the public officers law.\n
N.Y. PBH Law § 1351 — New York Code / Act PBH / Article 13 / Title 8 / Section 1351
Food places; duty to permit inspections
Status: in_force

§ 1351. Food places; duty to permit inspections. Every owner,\noperator, lessor, lessee or person in charge of any hotel, restaurant,\ndining room, dining car, drug store, soda fountain, steamboat or other\nplace engaged in the preparation, sale or service of food for and to the\ngeneral public, and every officer or other person in charge of any\npublic, penal or charitable institution in this state, shall permit the\ncommissioner or his duly authorized agents or employees to have access\nto all parts of any and all of such places herein mentioned wherein food\nis stored, prepared or served for the purpose of ascertaining whether\nthe provisions of sections thirteen hundred fifty to thirteen hundred\nfifty-two, inclusive, of this chapter, and the provisions of the\nsanitary code and provisions of local ordinances or regulations are\nbeing observed.\n
N.Y. EDN Law § 6552 — New York Code / Act EDN / Title 8 / Article 132 / Section 6552
Practice of chiropractic and use of title "chiropractor"
Status: in_force

§ 6552. Practice of chiropractic and use of title "chiropractor".\nOnly a person licensed or exempt under this article shall practice\nchiropractic or use the title "chiropractor".\n
N.Y. PBA Law § 1199-UU*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-UU*2
Environmental applications, proceedings, approvals and permits
Status: in_force

* § 1199-uu. 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 department of environmental\nconservation, the department of transportation or any other state agency\nor instrumentality or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the authority to the same extent and in the same\nmanner as if the authority had been a party to such application or\nproceeding from its inception, and the authority shall be deemed a party\nthereto, to the extent not prohibited by any federal law. Any license,\napproval, permit or decision heretofore or hereafter issued or granted\npursuant to or as a result of any such application or proceeding shall\ninure to the benefit of and be binding upon the authority and shall be\nassigned and transferred by the county to the authority, unless such\nassignment and transfer is prohibited by federal 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  * NB There are 2 § 1199-uu's\n
N.Y. PBA Law § 1199-LL*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-LL*2
Moneys of the authority
Status: in_force

* § 1199-ll. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state\ndesignated by the governing body. The moneys in such accounts shall be\npaid out on check of the treasurer upon requisition by the governing\nbody or of such other person or persons as the governing body may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of the United States or of the state or of the\ncounty of a market value equal at all times to the amount on deposit and\nall banks and trust companies are authorized to give such security for\nsuch deposits. The authority shall have power, notwithstanding the\nprovisions of this section, to contract with the holders of any bonds as\nto the custody collection, security, investment and payment of any\nmoneys of the authority or any moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the authority\nand all banks and trust companies are authorized to give such security\nfor such deposits. Any moneys of the authority not required for\nimmediate use or disbursement may, at the discretion of the authority,\nbe invested in those obligations specified pursuant to the provisions of\nsection ninety-eight-a of the state finance law. Subject to the\nprovisions of any contract with bondholders and with the approval of the\ncomptroller, the authority shall prescribe a system of accounts.\n  * NB There are 2 § 1199-ll's\n
N.Y. EDN Law § 8304 — New York Code / Act EDN / Title 8 / Article 161 / Section 8304
State board for interior design
Status: in_force

§ 8304. State board for interior design.  1. A state board for\ninterior design 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 title. The board shall be composed of nine members, four of whom\nshall be interior designers certified in this state, two of whom shall\nbe licensed architects who practice primarily interior design in this\nstate, one who shall be a professional engineer in this state with an\nexpertise in interior design, one who shall be a full-time interior\ndesign educator in this state and one who shall be the public\nrepresentative. Notwithstanding the foregoing, the members of the first\nboard who are interior designers need not be certified prior to their\nappointment to the board.\n  2. Two interior designers and a licensed architect who practices\nprimarily interior design shall serve initial five year terms. Two\ninterior designers and a professional engineer with an expertise in\ninterior design shall serve initial four year terms. One licensed\narchitect who practices primarily interior design, the interior design\neducator, and the public representative shall serve initial two year\nterms. Following the establishment of the initial membership of the\nboard, all succeeding appointments shall be for five year terms. Any\nvacancy on the board shall be filled by appointment for the remainder of\nsuch member's terms in accordance with the provisions of this section.\n
N.Y. VAT Law § 1640-E — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-E
Residential parking system in the Tibbetts Brook Park and Yonkers Raceway/Empire City areas of the city of Yonkers
Status: in_force

* § 1640-e. Residential parking system in the Tibbetts Brook Park and\nYonkers Raceway/Empire City areas of the city of Yonkers. 1.\nNotwithstanding the provisions of any law to the contrary, the city\ncouncil of the city of Yonkers may, by adoption of a local law or\nordinance, provide for a residential parking permit system and fix and\nrequire the payment of fees applicable to parking within the area in\nwhich such parking system is in effect in accordance with the provisions\nof this section.\n  2. Such residential parking permit system may only be established\nwithin:\n  (a) the Tibbetts Brook Park area of the city of Yonkers which shall\nmean that area generally bounded by Harrison Avenue proceeding south\nfrom Tibbetts Brook Park to Alan B. Shepard Place; Tibbetts Road\nproceeding southerly from Tibbetts Brook Park to Alan B. Shepard Place;\nSedgewick Avenue proceeding southerly from Tibbetts Brook Park to Alan\nB. Shepard Place; Jervis Road between Harrison Avenue and Sedgewick\nAvenue and from the northern intersection of Sedgewick Avenue proceeding\nsoutherly along Jervis Road to the Alan B. Shepard Place line; and\n  (b) the Yonkers Raceway/Empire City area of the city of Yonkers\nconsisting of the following roadways:\n  (i) Belmont Avenue from Orient Street to Yonkers Avenue;\n  (ii) Boone Street from Central Park Avenue to Dead End;\n  (iii) Clark Street from Central Park Avenue to Orient Street;\n  (iv) Loring Avenue from Central Park Avenue to Orient Street; and\n  (v) Chamberlain Avenue from Belmont Avenue to Central Park Avenue.\n  3. Notwithstanding the foregoing, no permit shall be required on\nstreets where the adjacent properties are zoned for commercial/retail\nuse.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem; and\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement; and\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect; and\n  (d) make not less than twenty percent of all spaces within the permit\narea available to non-residents and shall provide for short-term parking\nof not less than ninety minutes in duration in such area; and\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe city.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  * NB There are 2 § 1640-e's\n
N.Y. PBA Law § 1199-B — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-B
Rensselaer county water and sewer district
Status: in_force

§ 1199-b. Rensselaer county water and sewer district. There is hereby\ndefined and established an area to be known as the "Rensselaer county\nwater and sewer district" which shall embrace all the territory located\nwithin the county of Rensselaer that is not, as of the effective date of\nthis title, located within the incorporated limits of a city.\n
N.Y. EDN Law § 6510 — New York Code / Act EDN / Title 8 / Article 130* / Section 6510
Proceedings in cases of professional misconduct
Status: in_force

§ 6510. Proceedings in cases of professional misconduct. In cases of\nprofessional misconduct the proceedings shall be as follows:\n  1. Preliminary procedures.\n  a. Complaint. A complaint of a licensee's professional misconduct may\nbe made by any person to the education department.\n  b. Investigation. The department shall investigate each complaint\nwhich alleges conduct constituting professional misconduct. The results\nof the investigation shall be referred to the professional conduct\nofficer designated by the board of regents pursuant to section\nsixty-five hundred six of this article. If such officer decides that\nthere is not substantial evidence of professional misconduct or that\nfurther proceedings are not warranted, no further action shall be taken.\nIf such officer, after consultation with a professional member of the\napplicable state board for the profession, determines that there is\nsubstantial evidence of professional misconduct, and that further\nproceedings are warranted, such proceedings shall be conducted pursuant\nto this section.  If the complaint involves a question of professional\nexpertise, then such officer may seek, and if so shall obtain, the\nconcurrence of at least two members of a panel of three members of the\napplicable board.  The department shall cause a preliminary review of\nevery report made to the department pursuant to section twenty-eight\nhundred three-e as added by chapter eight hundred sixty-six of the laws\nof nineteen hundred eighty and sections forty-four hundred five-b of the\npublic health law and three hundred fifteen of the insurance law, to\ndetermine if such report reasonably appears to reflect conduct\nwarranting further investigation pursuant to this subdivision.\n  b-1. Legally protected health activities. The department shall not\ncharge a licensee, acting within their scope of practice, with\nprofessional misconduct as defined in section sixty-five hundred nine of\nthis subarticle, or cause a complaint made by any person to the\ndepartment to be investigated beyond a preliminary review, solely on the\nbasis that such licensee engaged in legally protected health activity,\nas defined by section 570.17 of the criminal procedure law. Such\npreliminary review shall determine if such report reasonably appears to\nreflect conduct warranting further investigation pursuant to this\nparagraph.\n  c. Charges. In all disciplinary proceedings other than those\nterminated by an administrative warning pursuant to paragraph a of\nsubdivision two of this section, the department shall prepare the\ncharges. The charges shall state the alleged professional misconduct and\nshall state concisely the material facts but not the evidence by which\nthe charges are to be proved.\n  d. Records and reports as public information. In all disciplinary\nproceedings brought pursuant to this section or in any voluntary\nsettlement of a complaint between the licensee and the department, the\ndepartment shall notify the licensee in writing that the record and\nreports of such disciplinary proceeding or of such voluntary settlement\nshall be considered matters of public information unless specifically\nexcepted in this article, or in any other law or applicable rule or\nregulation.\n  e. Service of charges and notice of hearing. In order to commence\ndisciplinary proceedings under this title, service of a copy of the\ncharges and notice of hearing must be completed twenty days before the\ndate of the hearing if by personal delivery, and must be completed\ntwenty-five days before the date of the hearing if by any other method.\n  f. Service of charges and of notice of hearing upon a natural person.\nPersonal service of the charges and notice of any hearing pursuant to\nsubdivision two or three of this section upon a natural person shall be\nmade by any of the following methods:\n  (1) by delivery within the state to the person to be served; or\n  (2) by delivery within the state to a person of suitable age and\ndiscretion at the actual place of business, dwelling place or usual\nplace of abode of the person to be served and either: (i) by mailing by\ncertified mail, return receipt requested, to the person to be served at\nhis or her last known residence, or (ii) by mailing by certified mail,\nreturn receipt requested, to the person to be served at his or her last\naddress on file with the division of licensing services of the\ndepartment in an envelope bearing the legend "personal and\nconfidential," provided that, in either case: such delivery and mailing\nshall be effected within twenty days of each other; service pursuant to\nthis subparagraph shall be complete ten days after either the delivery,\nor the mailing, whichever is later; and proof of service shall, among\nother things, identify such person of suitable age and discretion and\nstate the date, time and place of such service; or\n  (3) where service under subparagraphs one and two of this paragraph\ncannot be made with due diligence, a copy of the charges and the notice\nof hearing shall be served by certified mail, return receipt requested,\nto the person's last known address on file with the division of\nlicensing services of the department or by affixing the changes and the\nnotice of hearing to the door of either the actual place of business,\ndwelling place or usual place of abode of the person to be served;\nprovided that: service pursuant to this subparagraph shall be complete\nten days after such mailing, and proof of service shall set forth the\ndepartment's efforts of due diligence.\n  g. Service of charges and notice of hearing outside of the state. A\nnatural person subject to the jurisdiction of the department may be\nserved with a copy of the charges and the notice of hearing outside of\nthe state in the same manner as service is made within the state, by any\nperson authorized to make service within the state of New York or by any\nperson authorized to make service by the laws of the state, territory,\npossession or country in which service is made or by any duly qualified\nattorney or equivalent in such jurisdiction.\n  2. Expedited procedures.\n  a. Violations. Violations involving professional misconduct of a minor\nor technical nature may be resolved by expedited procedures as provided\nin paragraph b or c of this subdivision. For purposes of this\nsubdivision, violations of a minor or technical nature shall include,\nbut shall not be limited to, isolated instances of violations concerning\nprofessional advertising or record keeping, and other isolated\nviolations which do not directly affect or impair the public health,\nwelfare or safety. The board of regents shall make recommendations to\nthe legislature on or before June first, nineteen hundred eighty-one,\nfor the further definition of violations of a minor or technical nature.\nThe initial instance of any violation of a minor or technical nature may\nbe resolved by the issuance of an administrative warning pursuant to\nparagraph b of this subdivision. Subsequent instances of similar\nviolations of a minor or technical nature within a period of three years\nmay be resolved by the procedure set forth in paragraph c of this\nsubdivision.\n  b. Administrative warning. If a professional conduct officer, after\nconsultation with a professional member of the state board, determines\nthat there is substantial evidence of professional misconduct but that\nit is an initial violation of a minor or technical nature which would\nnot justify the imposition of a more severe disciplinary penalty, the\nmatter may be terminated by the issuance of an administrative warning.\nSuch warnings shall be confidential and shall not constitute an\nadjudication of guilt or be used as evidence that the licensee is guilty\nof the alleged misconduct. However, in the event of a further allegation\nof similar misconduct by the same licensee, the matter may be reopened\nand further proceedings instituted as provided in this section.\n  c. Determination of penalty on uncontested minor violations. If a\nprofessional conduct officer, after consultation with a professional\nmember of the state board, determines that there is substantial evidence\nof a violation of a minor or technical nature, and of a nature\njustifying a penalty as specified in this paragraph, the department may\nprepare and serve charges either by personal service or by certified\nmail, return receipt requested. Such charges shall include a statement\nthat unless an answer is received within twenty days denying the\ncharges, the matter shall be referred to a violations committee\nconsisting of at least three members of the state board for the\nprofession, at least one of whom shall be a public representative, for\ndetermination. The violations panel shall be appointed by the executive\nsecretary of the state board. The licensee shall be given at least\nfifteen days notice of the time and place of the meeting of the\nviolations committee and shall have the right to appear in person and by\nan attorney and to make a statement to the committee in mitigation or\nexplanation of the misconduct. The department may appear and make a\nstatement in support of its position. The violations committee may issue\na censure and reprimand, and in addition, or in the alternative, may\nimpose a fine not to exceed five hundred dollars for each specification\nof minor, or technical misconduct. If the fine is not paid within three\nmonths the matter may be reopened and shall be subject to the hearing\nand regents decision procedures of this section. The determination of\nthe panel shall be final and shall not be subject to the regents\ndecision procedures of this section. If an answer is filed denying the\ncharges, the matter shall be processed as provided in subdivision three\nof this section.\n  d. Convictions of crimes or administrative violations. In cases of\nprofessional misconduct based solely upon a violation of subdivision\nfive of section sixty-five hundred nine of this article, the\nprofessional conduct officer may prepare and serve the charges and may\nrefer the matter directly to a regents review committee for its review\nand report of its findings, determination as to guilt, and\nrecommendation as to the measure of discipline to be imposed. In such\ncases the notice of hearing shall state that the licensee may file a\nwritten answer, brief and affidavits; that the licensee may appear\npersonally before the regents review committee, may be represented by\ncounsel and may present evidence or sworn testimony on behalf of the\nlicensee, and the notice may contain such other information as may be\nconsidered appropriate by the department. The department may also\npresent evidence or sworn testimony at the hearing. A stenographic\nrecord of the hearing shall be made. Such evidence or sworn testimony\noffered at the meeting of the regents review committee shall be limited\nto evidence and testimony relating to the nature and severity of the\npenalty to be imposed upon the licensee. The presiding officer at the\nmeeting of the regents review committee may, in his or her discretion,\nreasonably limit the number of witnesses whose testimony will be\nreceived and the length of time any witness will be permitted to\ntestify. In lieu of referring the matter to the board of regents, the\nregents review committee may refer any such matter for further\nproceedings pursuant to paragraph b or c of this subdivision or\nsubdivision three of this section.\n  3. Adversary proceedings. Contested disciplinary proceedings and other\ndisciplinary proceedings not resolved pursuant to subdivision two of\nthis section shall be tried before a hearing panel of the appropriate\nstate board as provided in this subdivision.\n  a. Notice of hearing. The department shall set the time and place of\nthe hearing and shall prepare the notice of hearing. The notice of\nhearing shall state (1) the time and place of the hearing, (2) that the\nlicensee may file a written answer to the charges prior to the hearing,\n(3) that the licensee may appear personally at the hearing and may be\nrepresented by counsel, (4) that the licensee shall have the right to\nproduce witnesses and evidence in his behalf, to cross-examine witnesses\nand examine evidence produced against him, and to issue subpoenas in\naccordance with the provisions of the civil practice law and rules, (5)\nthat a stenographic record of the hearing will be made, and (6) such\nother information as may be considered appropriate by the department.\n  b. Hearing panel. The hearing shall be conducted by a panel of three\nor more members, at least two of whom shall be members of the applicable\nstate board for the profession, and at least one of whom shall be a\npublic representative who is a member of the applicable state board or\nof the state board for another profession licensed pursuant to this\ntitle. The executive secretary for the applicable state board shall\nappoint the panel and shall designate its chairperson. After the\ncommencement of a hearing, no panel member shall be replaced. A\ndetermination by the administrative officer of a need to disqualify or\nremove any panel member will result in the disqualification or removal\nof the panel and cause a new panel to be appointed. In addition to said\npanel members, the department shall designate an administrative officer,\nadmitted to practice as an attorney in the state of New York, who shall\nhave the authority to rule on all motions, procedures and other legal\nobjections and shall draft a report for the hearing panel which shall be\nsubject to the approval of and signature by the panel chairperson on\nbehalf of the panel. The administrative officer shall not be entitled to\na vote.\n  c. Conduct of hearing. The evidence in support of the charges shall be\npresented by an attorney for the department. The licensee shall have the\nrights required to be stated in the notice of hearing. The panel shall\nnot be bound by the rules of evidence, but its determination of guilt\nshall be based on a preponderance of the evidence. A hearing which has\nbeen initiated shall not be discontinued because of the death or\nincapacity to serve of one member of the hearing panel.\n  d. Results of hearing. The hearing panel shall render a written report\nwhich shall include (1) findings of fact, (2) a determination of guilty\nor not guilty on each charge, and (3) in the event of a determination of\nguilty, a recommendation of the penalty to be imposed. For the panel to\nmake a determination of guilty, a minimum of two of the voting members\nof the panel must vote for such a determination. A copy of the report of\nthe hearing panel shall be transmitted to the licensee.\n  4. Regents decision procedures.\n  a. Regents review committee. The transcript and report of the hearing\npanel shall be reviewed at a meeting by a regents review committee\nappointed by the board of regents. The regents review committee shall\nconsist of three members, at least one of whom shall be a regent.\n  b. Regents review committee meetings. The review shall be based on the\ntranscript and the report of the hearing panel. The licensee may appear\nat the meeting, and the regents review committee may require the\nlicensee to appear. The licensee may be represented by counsel. The\ndepartment shall notify the licensee at least seven days before the\nmeeting (1) of the time and place of the meeting, (2) of his right to\nappear, (3) of his right to be represented by counsel, (4) whether or\nnot he is required to appear, and (5) of such other information as may\nbe considered appropriate. After the meeting, the regents review\ncommittee shall transmit a written report of its review to the board of\nregents. In cases referred directly to the regents review committee\npursuant to paragraph d of subdivision two of this section, the review\nshall be based upon the charges, the documentary evidence submitted by\nthe department, any answer, affidavits or brief the licensee may wish to\nsubmit, and any evidence or sworn testimony presented by the licensee or\nthe department at the hearing, pursuant to the procedures described by\nparagraph d of subdivision two of this section.\n  c. Regents decision and order. The board of regents (1) shall consider\nthe transcript, the report of the hearing panel, and the report of the\nregents review committee, (2) shall decide whether the licensee is\nguilty or not guilty on each charge, (3) shall decide what penalties, if\nany, to impose as prescribed in section sixty-five hundred eleven of\nthis article, and (4) shall issue an order to carry out its decisions.\nSuch decisions shall require the affirmative vote of a majority of the\nmembers of the board of regents. If the board of regents disagrees with\nthe hearing panel's determination of not guilty, it shall remand the\nmatter to the original panel for reconsideration or to a new panel for a\nnew hearing. The panel's determination of not guilty on reconsideration\nor a new hearing shall be final. The order shall be served upon the\nlicensee personally or by certified mail to the licensee's last known\naddress and such service shall be effective as of the date of the\npersonal service or five days after mailing by certified mail. The\nlicensee shall deliver to the department the license and registration\ncertificate which has been revoked, annulled, suspended, or surrendered\nwithin five days after the effective date of the service of the order.\nIf the license or registration certificate is lost, misplaced or its\nwhereabouts is otherwise unknown, the licensee shall submit an affidavit\nto that effect, and shall deliver such license or certificate to the\ndepartment when located.\n  5. Court review procedures. The decisions of the board of regents may\nbe reviewed pursuant to the proceedings under article seventy-eight of\nthe civil practice law and rules. Such proceedings shall be returnable\nbefore the appellate division of the third judicial department, and such\ndecisions shall not be stayed or enjoined except upon application to\nsuch appellate division after notice to the department and to the\nattorney general and upon a showing that the petitioner has a\nsubstantial likelihood of success.\n  5-a. At any time, if the professional conduct officer or his or her\ndesignee designated to investigate a complaint of professional\nmisconduct of a licensed health care provider or licensed mental health\ncare provider determines that there is a reasonable belief that an act\nthat constitutes a sex offense identified in paragraph (h) of\nsubdivision three of section 130.05 of the penal law has been committed\nby the licensee against a client or patient during a treatment session,\nconsultation, interview, or examination, the professional conduct\nofficer or the office of professional discipline shall notify the\nappropriate law enforcement official or authority.\n  6. The provisions of subdivisions one through four of this section\nshall not be applicable to proceedings in cases of professional\nmisconduct involving the medical profession, except as provided in\nparagraph m of subdivision ten of section two hundred thirty of the\npublic health law.\n  7. Notwithstanding any other provision of law, persons who assist the\ndepartment as consultants or expert witnesses in the investigation or\nprosecution of alleged professional misconduct, licensure matters,\nrestoration proceedings, or criminal prosecutions for unauthorized\npractice, shall not be liable for damages in any civil action or\nproceeding as a result of such assistance, except upon proof of actual\nmalice. The attorney general shall defend such persons in any such\naction or proceeding, in accordance with section seventeen of the public\nofficers law.\n  8. The files of the department relating to the investigation of\npossible instances of professional misconduct, or the unlawful practice\nof any profession licensed by the board of regents, or the unlawful use\nof a professional title or the moral fitness of an applicant for a\nprofessional license or permit, shall be confidential and not subject to\ndisclosure at the request of any person, except upon the order of a\ncourt in a pending action or proceeding. The provisions of this\nsubdivision shall not apply to documents introduced in evidence at a\nhearing held pursuant to this chapter and shall not prevent the\ndepartment from sharing information concerning investigations with other\nduly authorized public agencies responsible for professional regulation\nor criminal prosecution.\n  9. A disciplinary proceeding under subdivision three or four of this\nsection shall be treated in the same manner as an action or proceeding\nin supreme court for the purpose of any claim by counsel of actual\nengagement.\n
N.Y. EDN Law § 7302 — New York Code / Act EDN / Title 8 / Article 147 / Section 7302
Practice of architecture and use of title "architect"
Status: in_force

§ 7302. Practice of architecture and use of title "architect".  Only a\nperson licensed or otherwise authorized to practice under this article\nshall practice architecture or use the title "architect".\n
N.Y. EDN Law § 6612 — New York Code / Act EDN / Title 8 / Article 133 / Section 6612
Identification of removable full or partial prosthetic devices
Status: in_force

§ 6612. Identification of removable full or partial prosthetic\ndevices.  1. Except as provided herein, every dentist licensed in this\nstate making or directing to be made a removable prosthetic denture,\nbridge, appliance or other structure to be used and worn as a substitute\nfor natural teeth, shall offer to the patient for whom the prosthesis is\nintended the opportunity to have such prosthesis marked with the\npatient's name or initials. Such markings shall be accomplished at the\ntime the prosthesis is made and the location and methods used to apply\nor implant them shall be determined by the dentist or the person acting\non behalf of the dentist. Such marking shall be permanent, legible and\ncosmetically acceptable.\n  2. Notwithstanding the foregoing, if in the judgment of the dentist or\nthe person making the prosthesis, such identification is not practicable\nor clinically safe, the identification marks may be omitted entirely.\n  3. The commissioner shall adopt rules and regulations and provide\nstandards necessary to carry out the provisions of this section.\n
N.Y. EDN Law § 6703 — New York Code / Act EDN / Title 8 / Article 135 / Section 6703
State board for veterinary medicine
Status: in_force

§ 6703. State board for veterinary medicine.  A state board for\nveterinary medicine 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 professional licensing\nand professional conduct in accordance with section sixty-five hundred\neight of this title. The board shall be composed of not less than seven\nveterinarians licensed in the state and not more than two veterinary\ntechnicians licensed in the state. An executive secretary to the board\nshall be appointed by the board of regents on recommendation of the\ncommissioner.  The participation of the licensed veterinary technicians\nshall be limited to issues concerning the licensure of veterinary\ntechnology including but not limited to qualifications, employment,\nscope of practice, and discipline.\n
N.Y. ENV Law § 9-0803 — New York Code / Act ENV / Article 9 / Title 8 / Section 9-0803
Forest resources assessment
Status: in_force

§ 9-0803. Forest resources assessment.\n  The department is authorized to carry out a comprehensive statewide\nassessment (hereinafter referred to as the assessment) of the present\nand anticipated future conditions of the forest resources of New York\nstate. The initial assessment shall be prepared on or before September\nthirtieth, nineteen hundred eighty-six and subsequent assessments shall\nbe prepared at least once every ten years. Assessments shall include but\nnot be limited to the following:\n  1. an inventory of present supply of and demand for renewable forest\nresources;\n  2. an analysis of future supply of and demand for renewable forest\nresources; and\n  3. a description of present programs and responsibilities of all major\norganizations involved in the management of public and private forest\nresources.\n  The assessment will include all of the ecologic, sociologic,\naesthetic, and economic data necessary to achieve the purposes of this\nact. The department shall develop and maintain an efficient system for\ncollecting, storing, and analyzing these data, and shall prepare an\nassessment update at least once every five years.\n
N.Y. VAT Law § 1640-J*2 — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-J*2
Residential parking system in the village of Irvington
Status: in_force

* § 1640-j. Residential parking system in the village of Irvington. 1.\nNotwithstanding the provisions of any law to the contrary, the village\nboard of trustees of the village of Irvington may, by adoption of a\nlocal law or ordinance, provide for a residential parking permit system\nand fix and require the payment of fees applicable to parking within the\narea in which such parking system is in effect in accordance with the\nprovisions of this section.\n  2. Such residential parking permit system may only be established\nwithin the Main Street neighborhood of the village of Irvington, which\nshall mean that area generally bounded on the easterly side by North and\nSouth Dearman Street; on the northerly side by Matthiessen Park; on the\nwesterly side by North and South Astor Street and the Metro-North\nCommuter Railroad tracks; and on the southerly side by Station Road.\n  3. Notwithstanding the foregoing, no permit shall be required on\nstreets where the adjacent properties are zoned for commercial/retail\nuse.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem; and\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement; and\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect; and\n  (d) make not less than twenty percent of all spaces within the permit\narea available to non-residents and shall provide for short-term parking\nof not less than ninety minutes in duration in such area; and\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe village.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  * NB There are 2 § 1640-j's\n
N.Y. EDN Law § 7904-A — New York Code / Act EDN / Title 8 / Article 156 / Section 7904-A
Requirements for license as an occupational therapy assistant
Status: in_force

§ 7904-a. Requirements for license as an occupational therapy\nassistant. To qualify for a license as an occupational therapy assistant\nan applicant shall fulfill the following requirements:\n  (a) file an application with the department;\n  (b) have received an education as follows: completion of at least a\ntwo-year associate degree program for occupational therapy assistants\nregistered by the department or accredited by a national accreditation\nagency which is satisfactory to the department, or its equivalent, as\ndetermined by the department in accordance with the commissioner's\nregulations;\n  (c) have a minimum of sixteen weeks clinical experience satisfactory\nto the state board for occupational therapy and in accordance with\nstandards established by a national accreditation agency which is\nsatisfactory to the department;\n  (d) be at least eighteen years of age;\n  (e) be of good moral character as determined by the department;\n  (f) pay a fee for an initial license and a fee for each triennial\nregistration period that shall be one-half of the fee for initial\nlicense and for each triennial registration period established for\noccupational therapists; and\n  (g) except as otherwise provided by subdivision two of section\nseventy-nine hundred seven of this article, pass an examination\nacceptable to the department.\n
N.Y. PBA Law § 1830 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1830
Cooperation and assistance from other state agencies
Status: in_force

§ 1830. Cooperation and assistance from other state agencies. The\ndepartment of economic development, the department of labor, the\ndepartment of financial services, the department of state and all other\nstate agencies shall cooperate with and assist the authority in the\nfulfillment of its corporate purposes and in the exercise of its\ncorporate powers under this title and may render such services to the\nauthority within their respective functions as may be requested by the\nauthority.\n
N.Y. PBH Law § 1352-E — New York Code / Act PBH / Article 13 / Title 8 / Section 1352-E
Companion dogs at food service establishments
Status: in_force

§ 1352-e. Companion dogs at food service establishments. 1. Companion\ndogs under the control of a person may be allowed in an outdoor dining\narea at a food service establishment if all of the following conditions\nare satisfied:\n  (a) the owner of the food facility elects to allow companion dogs in\nits outdoor dining area or a designated portion of it, and subject to\nany restrictions that the owner of the facility may establish;\n  (b) a separate outdoor entrance is present where companion dogs enter\nwithout going through the food establishment to reach the outdoor dining\narea and companion dogs are not allowed on chairs, benches, seats or\nother fixtures;\n  (c) the outdoor dining area in which companion dogs are allowed is not\nused for food or drink preparation or the storage of utensils. A food\nemployee may refill a beverage glass in the outdoor dining area from a\npitcher or other container;\n  (d) food and water provided to companion dogs shall only be in\nsingle-use disposable containers;\n  (e) food employees are prohibited from having direct contact with\ncompanion dogs while on duty. A food employee who does have such\nprohibited direct contact shall wash his or her hands as required by\nlaw;\n  (f) the outdoor dining area is maintained clean. Surfaces that have\nbeen contaminated by dog excrement or other bodily fluids shall be\ncleaned and sanitized;\n  (g) the companion dog is on a leash or confined in a pet carrier and\nis under the control of the companion dog owner;\n  (h) there is reasonable signage indicating that companion dogs are\nallowed in the outdoor dining area or a designated portion of it. The\nsignage shall state that restrictions on companion dogs do not apply to\nguide, hearing or service animals;\n  (i) the food facility owner ensures compliance with local ordinances\nrelated to sidewalks, public nuisance and sanitation; and\n  (j) such other control measures approved by the enforcement agency are\ncomplied with.\n  2. This section shall not impair or diminish the right of an\nindividual to be accompanied by an animal where otherwise permitted by\nlaw, including but not limited to the rights of people with disabilities\nusing guide, hearing or service animals.\n  3. For purposes of this section:\n  (a) "Food service establishment" shall mean any business which has\nareas, including outdoor seating areas, in which food is sold for\non-premises consumption.\n  (b) "Companion dog" shall mean a domesticated dog accompanying an\nindividual or owner for the purpose of companionship or convenience of\nsuch individual or owner, and shall not include guide, hearing or\nservice dogs.\n
N.Y. EDN Law § 7208-A — New York Code / Act EDN / Title 8 / Article 145 / Section 7208-A
Exempt persons in or related to the profession of geology
Status: in_force

§ 7208-a. Exempt persons in or related to the profession of geology.\nNothing in this article shall be construed to affect or prevent:\n  1. The employment and supervision of interns and other persons\nqualified by education or experience by professional geologists as\nassistants in the performance of geological services, or as consultants\nor employees in special fields related to but not uniquely geology,\nprovided that the professional geologist employing or supervising such\npersons shall not be relieved of any responsibility whatsoever by\ndelegation to such persons.\n  2. The practice of professional engineering by a professional engineer\nlicensed pursuant to this article to practice engineering in this state\nor an entity authorized pursuant to section seventy-two hundred ten of\nthis article to provide engineering in this state, including the\ninvestigation, acquisition, evaluation, and interpretation of the\nphysical and chemical properties of the soil, rock, groundwater, earth\nmaterials and data related thereto, and the performance of activities as\nspecified in section seventy-two hundred four-a of this article,\nprovided that no such person shall use the designation, or hold himself\nor herself out as a "professional geologist," unless licensed as such in\nthis state, and provided further that nothing in this chapter shall\npreclude a licensed professional engineer or authorized entity from\noffering to provide or providing the work enumerated in this\nsubdivision, however categorized, on the grounds that such licensed\nprofessional engineer or authorized entity is not licensed to practice\ngeology.\n  3. The practice of land surveying by any person that is licensed or\notherwise authorized to practice land surveying in this state, provided\nthat no such person shall use the designation or hold himself or herself\nout as a "professional geologist" unless licensed as such in this state.\n  4. The execution of work by contractors or by others of work prepared\nby a professional geologist, or the superintendence of such work as a\nsuperintendent, foreman or inspector.\n  5. The practice of the profession of geology by officers and employees\nof this state practicing solely as officers and employees; provided,\nhowever, that this exemption shall not apply to officers and employees\nof the state of New York who commence employment or the performance of\nwork related activities after the effective date of this section.\n  6. The execution of geological research and/or teaching conducted at\naccredited educational institutions and not-for-profit research\ninstitutions, conducted solely through those institutions.\n  7. Work customarily performed by physical or natural scientists\nprovided such work does not include geological investigations, being in\nresponsible charge of geological work, or the drawing of geological\nconclusions and recommendations.\n  8. Work customarily performed by water well drillers who have received\na certificate of registration pursuant to section 15-1525 of the\nenvironmental conservation law.\n
N.Y. PBA Law § 1199-UUUU — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-UUUU
Environmental applications, proceedings, approvals and permits
Status: in_force

* § 1199-uuuu. Environmental applications, proceedings, approvals and\npermits. Any application in relation to the purposes of or contemplated\nby this title heretofore filed, or any proceeding heretofore commenced,\nby the county or any agency thereof 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\nor any agency thereof to the authority, unless such assignment and\ntransfer is prohibited by federal law.\n  * NB There are 2 § 1199-uuuu's\n
N.Y. PBA Law § 1805 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1805
Issuance of bonds and notes by the authority
Status: in_force

§ 1805. Issuance of bonds and notes by the authority. 1. Subject to\nthe limitations of other provisions of this title, the authority shall\nhave the power and is hereby authorized to borrow money and to issue its\nnegotiable bonds and notes in conformity with applicable provisions of\nthe uniform commercial code in such principal amounts as, in the opinion\nof the authority, shall be necessary to provide sufficient funds for\nachieving its corporate purposes, including the making of loans, the\nissuing of loan guarantees, the payment of interest on bonds and notes\nof the authority, the establishment of reserves to secure such bonds and\nnotes, and all other expenditures of the authority incident to and\nnecessary or convenient to carry out its corporate purposes and powers.\n  2. Bonds and notes shall be authorized by resolution of the authority,\nand shall be dated and shall mature as such resolution or resolutions\nmay provide, except that no note or any renewal thereof shall mature\nmore than seven years after the date of issue of the original note and\nno bond shall mature more than thirty years from the date of its issue.\nBonds and notes shall bear interest at such rate or rates, be in such\ndenominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in such\nmedium of payment, at such place or places, and be subject to such terms\nof redemption as such resolution or resolutions may provide.\n  3. Special purpose bonds and notes may be sold by the authority at\npublic or private sale in such manner and on such terms and at such\nprice or prices as the authority, with the approval of the comptroller,\nshall determine. If special purpose bonds are sold by the authority at\npublic sale, such sale shall take place not less than six nor more than\nforty days after a notice of such sale has been published at least once\nin a newspaper published in Albany and in a financial newspaper\npublished and circulating in New York city, which shall state the terms\nof sale as determined by the authority. Pollution control bonds and\nnotes of the authority may be sold by the authority, at public or\nprivate sale, in such manner and on such terms and at such price or\nprices as the authority shall determine but shall not be sold by the\nauthority at private sale unless such sale and the terms thereof have\nbeen approved in writing by the comptroller where such sale is not to\nthe comptroller, or by the director of the budget where such sale is to\nthe comptroller.\n  4. In the discretion of the authority any bonds or issue of bonds or\nnotes or issue of notes may be secured under resolutions of the\nauthority or by a trust indenture by and between the authority and a\ncorporate trustee which may be any trust company or bank having the\npowers of a trust company in the state or by a secured loan agreement or\nother instrument. The authority, in connection with any bonds or issue\nof bonds or notes or issue of notes and for the security or protection\nthereof and as a part of the contract with the holders thereof, by means\nof any such resolution, trust indenture, loan agreement or other\ninstrument may (a) make and enter into any and all such covenants and\nagreements with the holders of such bonds or notes as the authority may\ndetermine to be necessary or desirable, including without limitation of\nthe foregoing, covenants, provisions, limitations and agreements as to\nthe application, use and disposition of the proceeds of any bonds or\nnotes or of sale or other disposition of any mortgage or other property\nor of any other receipts, moneys or assets of the authority, or in which\nit has an interest, the exercise by the authority of its powers under\nthis title with respect to loans and the revenues and receipts to be\nderived by the authority from such loans, the assignment of any right,\ntitle and interest in any mortgage in which the authority has an\ninterest, the terms and amount of other bonds or notes to be issued by\nthe authority, and the vesting in a trustee or trustees of funds or\nother property, rights, powers and duties in trust which may include any\nand all of the rights, powers and duties of a trustee appointed pursuant\nto section eighteen hundred eighteen of this title and limiting or\nabrogating the right of the bondholders or noteholders to appoint a\ntrustee under said section or limiting the rights, duties and powers of\nsuch trustee, (b) pledge or assign any moneys, mortgages, loan\nagreements, leases or agreements as to the use of projects or other\nassets of the authority either presently in hand or to be received in\nthe future, or both, and any right, title and interest in any mortgage\nor evidence of indebtedness secured thereby or other assets or property,\nand (c) provide for any other matters of like or different character\nwhich in any way affect the security or protection of the bonds or\nnotes, provided, however, that the principal of bonds and notes shall\nnot be declared due and payable prior to maturity under or pursuant to\nany such resolution, trust indenture, loan agreement or other instrument\nby any trustee or agent for the bondholders or noteholders, unless the\ntrustee or agent shall first give notice in writing to the governor, to\nthe authority, to the comptroller and to the attorney general of the\nstate, and if when any such notice is given the legislature shall be in\nsession, the trustee or agent shall not declare the principal of bonds\nor notes due and payable before the legislature adjourns sine die, or if\nthe legislature be not then in session, the trustee or agent shall not\ndeclare the principal of such bonds and notes due and payable until the\nadjournment sine die of the next regular session of the legislature. If\nat such session the legislature shall take any action as a result of\nwhich the past due principal and interest on such bonds and notes, with\ninterest, together with the fees, counsel fees and expenses of the\ntrustee or agent, and all costs and disbursements allowed by a court of\ncompetent jurisdiction shall be paid within sixty days of adjournment\nsine die, default in the payment thereof shall thereby be cured.\n  5. It is the intention of the legislature that any pledge made in\nrespect of such bonds or notes shall be valid and binding from the time\nwhen the pledge is made; that the money or property so pledged and\nthereafter received by the authority shall immediately be subject to the\nlien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution, trust indenture nor any\nother instrument by which a pledge is created need be recorded.\n  6. Neither the members of the authority nor any person executing the\nbonds or notes shall be liable personally on the bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  7. Subject to such agreements with bondholders or noteholders as may\nthen exist, the authority shall have power to purchase special purpose\nbonds or notes of the authority out of any special purpose funds\navailable therefor and to purchase pollution control bonds or notes of\nthe authority out of any pollution control funds available therefor, at\na price not exceeding (a) if the bonds or notes are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment due thereon, or (b) if the bonds or notes are not then\nredeemable, the redemption price applicable on the first date after such\npurchase upon which the bonds or notes become subject to redemption plus\naccrued interest to said date. Bonds and notes so purchased shall\nthereupon be cancelled.\n  8. The state does hereby pledge to and agree with the holders of any\nbonds or notes issued under this title and with any federal agency which\nloans or contributes funds in respect of an assisted project, that the\nstate will not limit or alter the rights and powers vested in the\nauthority by this title to fulfill the terms of any contract made by the\nauthority with such holders or federal agency, or in any way impair the\nrights and remedies of such holders until such bonds and notes, together\nwith the interest thereon, with interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state, insofar as it refers to holders of any bonds or\nnotes of the authority, in any contract with such holders and insofar as\nit relates to a federal agency, in any contract with such agency.\n
N.Y. EDN Law § 6808 — New York Code / Act EDN / Title 8 / Article 137 / Section 6808
Registering and operating establishments
Status: in_force

§ 6808. Registering and operating establishments. 1. No person, firm,\ncorporation or association shall possess drugs, prescriptions or poisons\nfor the purpose of compounding, dispensing, retailing, wholesaling, or\nmanufacturing, or shall offer drugs, prescriptions or poisons for sale\nat retail or wholesale unless registered by the department as a\npharmacy, wholesaler, manufacturer or outsourcing facility.\n  2. Pharmacies.\n  a. Obtaining a registration. A pharmacy shall be registered as\nfollows:\n  (1) The application shall be made on a form prescribed by the\ndepartment.\n  (2) The application shall be accompanied by a fee of three hundred\nforty-five dollars.\n  (3) To secure and retain a registration, a pharmacy must be equipped\nwith facilities, apparatus, utensils and stocks of drugs and medicines\nsufficient to permit the prompt and efficient compounding and dispensing\nof prescriptions, as prescribed by regulation.\n  b. Renewal of registration. All pharmacy registrations shall be\nrenewed on dates set by the department. The triennial registration fee\nshall be two hundred sixty dollars or a pro rated portion thereof as\ndetermined by the department. At the time of renewal, the owner of every\npharmacy shall report under oath to the department any facts required by\nthe board of pharmacy.\n  c. Display of registration. The registration shall be conspicuously\ndisplayed at all times in the pharmacy. The names of the owner or owners\nof a pharmacy shall be conspicuously displayed upon the exterior of such\nestablishment. The names so displayed shall be presumptive evidence of\nownership of such pharmacy by such person or persons. In the event that\nthe owner of a licensed pharmacy is not a licensed pharmacist, the\npharmacy registration issued shall also bear the name of the licensed\npharmacist having personal supervision of the pharmacy. In the event\nthat such licensed pharmacist shall no longer have personal supervision\nof the pharmacy, the owner shall notify the department of such fact and\nof the name of the licensed pharmacist replacing the pharmacist named on\nthe license and shall apply for an amended registration showing the\nchange. The amended registration must be attached to the original\nregistration and displayed in the same manner. Both the owner and the\nsupervising pharmacist shall be responsible for carrying out the\nprovisions of this article.\n  d. Change of location. In the event that the location of a pharmacy\nshall be changed, the owner shall apply to the department for inspection\nof the new location and endorsement of the registration for the new\nlocation. The fee for inspection and endorsement shall be fifty dollars,\nunless it appears to the satisfaction of the department that the change\nin location is of temporary nature due to fire, flood or other disaster.\n  e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for\nthe strength, quality, purity and the labeling thereof of all drugs,\ntoxic substances, devices and cosmetics, dispensed or sold, subject to\nthe guaranty provisions of this article and the public health law. Every\nowner of a pharmacy or every pharmacist in charge of a pharmacy shall be\nresponsible for the proper conduct of this pharmacy. Every pharmacy\nshall be under the immediate supervision and management of a licensed\npharmacist at all hours when open. No pharmacist shall have personal\nsupervision of more than one pharmacy at the same time.\n  f. A pharmacy as a department. When a pharmacy is operated as a\ndepartment of a larger commercial establishment, the area comprising the\npharmacy shall be physically separated from the rest of the\nestablishment, so that access to the pharmacy and drugs is not available\nwhen a pharmacist is not on duty. Identification of the area within the\npharmacy by use of the words "drugs", "medicines", "drug store", or\n"pharmacy" or similar terms shall be restricted to the area licensed by\nthe department as a pharmacy.\n  g. Limited pharmacy registration. (1) When, in the opinion of the\ndepartment, a high standard of patient safety, consistent with good\npatient care, can be provided by the registering of a pharmacy within a\nhospital, nursing home or extended care facility which does not meet all\nof the requirements for registration as a pharmacy, the department may\nwaive any requirements pertaining to full-time operation by a licensed\npharmacist, minimum equipment, minimum space and waiting area, provided\nthat when the waiver of any of the above requirements is granted by the\nboard, the pharmaceutical services to be rendered by the pharmacy shall\nbe limited to furnishing drugs to patients registered for treatment by\nthe hospital, and to in-patients for treatment by the nursing home or\nextended care facility.\n  (2) When in the opinion of the department, a high standard of patient\nsafety, consistent with good patient care, can be provided by the\nregistering of a pharmacy within a facility distributing dialysis\nsolutions for patients suffering from end stage renal disease and where\nthe pharmaceutical services to be rendered by the pharmacy shall be\nlimited to furnishing dialysis solutions to patients for whom such has\nbeen prescribed by a duly authorized prescriber, the department may\nwaive certain requirements, including, but not limited to, full-time\noperation by a licensed pharmacist, minimum equipment, and minimum space\nand waiting area. Such solutions shall only be dispensed by employees\nwho have completed an approved training program and who have\ndemonstrated proficiency to perform the task or tasks of assemblying,\nlabeling or delivering a patient order and who work under the general\nsupervision of a licensed pharmacist who shall be responsible for the\ndistribution, record keeping, labeling and delivery of all dialysis\nsolutions dispensed by the distributor as required by the department.\n  (3) The department shall promulgate such rules or regulations\nconsistent with this paragraph as are necessary to ensure the safe\ndistribution of such dialysis solution, including establishment\nregistration and proper record keeping, storage, and labeling.\n  (4) The initial registration fee and renewal fee for a limited\npharmacy shall be three hundred forty-five dollars for each triennial\nregistration period.\n  h. Applicant registration. An applicant for registration as a pharmacy\nshall be of good moral character, as determined by the department. In\nthe case of a corporate applicant, the requirement shall extend to all\nofficers and directors and to stockholders having a ten percent or\ngreater interest in the corporation.\n  4. Wholesaler's or manufacturer's registration.\n  a. Obtaining a registration. A wholesaler or manufacturer shall be\nregistered as follows:\n  (1) The application shall be made on a form prescribed by the\ndepartment.\n  (2) The application shall be accompanied by a fee of eight hundred\ntwenty-five dollars.\n  b. Renewal of registration. All wholesalers' and manufacturers'\nregistrations shall be renewed on dates set by the department. The\ntriennial registration fee shall be five hundred twenty dollars or a pro\nrated portion thereof as determined by the department.\n  c. Display of registration. The registration shall be displayed\nconspicuously at all times in the place of business.\n  d. Change of location. In the event that the location of such place of\nbusiness shall be changed, the owner shall apply to the department for\ninspection of the new location and endorsement of the registration for\nthe new location. The fee for inspection and endorsement shall be one\nhundred seventy dollars, unless it appears to the satisfaction of the\ndepartment that the change in location is of a temporary nature due to\nfire, flood or other disaster.\n  5. Outsourcing facility's registration.\n  a. Obtaining a registration. An outsourcing facility shall be\nregistered as follows:\n  (1) An application for initial registration or renewal of registration\nshall be made on a form prescribed by the department.\n  (2) An application for initial registration shall be accompanied by a\nfee of eight hundred twenty-five dollars.\n  b. Renewal of registration. All outsourcing facilities' registrations\nshall be renewed on a date set by the department. The triennial\nregistration fee shall be five hundred twenty dollars or a pro rated\nportion thereof as determined by the department.\n  c. Display of registration. The registration shall be displayed\nconspicuously in the place of business.\n  d. Change of location. In the event that the location of such place of\nbusiness shall be changed, the owner shall apply to the department for\ninspection of the new location and endorsement of the registration for\nthe new location. The fee for inspection and endorsement shall be one\nhundred seventy-five dollars, unless it appears to the satisfaction of\nthe department that the change in location is of a temporary nature due\nto fire, flood or other disaster.\n  e. Report. Upon initially registering as an outsourcing facility and\nevery six months thereafter, each outsourcing facility shall submit to\nthe executive secretary of the state board of pharmacy a report:\n  (1) identifying the drugs compounded by such outsourcing facility\nduring the previous 6-month period; and\n  (2) with respect to each drug identified under subparagraph one of\nthis paragraph, providing the active ingredient; the source of such\nactive ingredient; the National Drug Code number of the source drug or\nbulk active ingredient, if available; the strength of the active\ningredient per unit; the dosage form and route of administration; the\npackage description; the number of individual units produced; and the\nNational Drug Code number of the final product, if assigned.\n  f. Conduct of outsourcing facility. Every owner of an outsourcing\nfacility is responsible for the strength, quality, purity and labeling\nthereof of all compounded drugs, subject to the guaranty provisions of\nthis article and the public health law. Every outsourcing facility shall\nbe under the immediate supervision and management of a pharmacist\nlicensed to practice in New York state.\n  g. Applicant for registration. An applicant for registration of an\noutsourcing facility shall be of good moral character, as determined by\nthe department. In the case of a corporate applicant, the requirement\nshall extend to all officers and directors and stakeholders having a ten\npercent or greater interest in the corporation.\n  6. Inspection. The state board of pharmacy and the department of\neducation, and their employees designated by the commissioner, shall\nhave the right to enter any pharmacy, wholesaler, manufacturer,\noutsourcing facility or vehicle and to inspect, at reasonable times,\nsuch factory, warehouse, establishment or vehicle and all records\nrequired by this article, pertinent equipment, finished and unfinished\nmaterials, containers, and labels.\n  7. Penalties. A pharmacy, wholesaler, manufacturer or outsourcing\nfacility registered under this section shall be under the supervision of\nthe board of regents and shall be subject to disciplinary proceedings\nand penalties in accordance with article one hundred thirty of this\nchapter in the same manner and to the same extent as individuals and\nprofessional service corporations with respect to their licenses and\nregistrations, provided that failure to comply with the requirements of\nthis section shall constitute professional misconduct.\n  8. Sale of drugs at auction. No controlled substance or substances and\nno poisonous or deleterious drugs or drugs in bulk or in opened\ncontainers shall be sold at auction unless the place where such drugs\nare sold at auction shall have been registered by the board, and unless\nsuch sale shall be under the personal supervision of a licensed\npharmacist. Drugs in open containers shall not be sold at auction unless\nthe seller shall have in his possession a certificate of the board\nshowing that such drugs have been inspected and meet the requirements of\nthis article. In the event that the drug so sold is one as to which this\narticle or any federal statute or any regulation adopted pursuant to\nthis article or an applicable federal statute require that the\nexpiration date be stated on each package, such drug may not be sold at\nauction after such expiration date or when such expiration date will\noccur within a period of thirty days or less from the date of sale.\n  9. Supervision requirements for wholesalers transfilling medical\noxygen. Wholesalers registered under this section which transfill\nmedical oxygen shall ensure any person responsible for supervising the\ntransfilling of medical oxygen is:\n  a. a respiratory therapist certified by a national accrediting body;\n  b. a person holding a bachelor's degree in chemistry, microbiology,\nchemical engineering or a related field;\n  c. a person having two years of education beyond high school and two\nyears experience in the handling of compressed medical gases\nsatisfactory to the state board of pharmacy; or\n  d. a person having training in accordance with the requirements\nestablished in section 211.25 of title 21 of the code of federal\nregulations.\n
N.Y. EDN Law § 6812 — New York Code / Act EDN / Title 8 / Article 137 / Section 6812
Special provisions
Status: in_force

§ 6812. Special provisions. 1. Where any pharmacy, manufacturer,\nwholesaler or outsourcing facility registered by the department is\ndamaged by fire the board shall be notified within a period of\nforty-eight hours, and the board shall have power to impound all drugs\nfor analysis and condemnation, if found unfit for use. Where a pharmacy\nis discontinued, the owner of its prescription records shall notify the\ndepartment as to the disposition of said prescription records, and in no\ncase shall records be sold or given away to a person who does not\ncurrently possess a registration to operate a pharmacy.\n  2. Nothing in this article shall be construed as requiring the\nprosecution or the institution of injunction proceedings for minor\nviolations of this article whenever the public interest will be\nadequately served by a suitable written notice of warning.\n  3. The executive secretary of the state board of pharmacy is\nauthorized to conduct examinations and investigations for the purposes\nof this article through officers and employees of the United States, or\nthrough any health, food, or drug officer or employee of any city,\ncounty or other political subdivision of this state.\n
N.Y. PBA Law § 1199-QQQQ*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-QQQQ*2
Code of ethics
Status: in_force

* § 1199-qqqq. Code of ethics. 1. Definition. As used in this section\nthe term "authority employee" shall mean any member, officer or employee\nof the authority.\n  2. Rule with respect to conflicts of interest. No authority employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of his or her duties in the public interest.\n  3. Standards. (a) No authority employee should accept other employment\nwhich will impair his or her independence of judgment in the exercise of\nhis or her official duties.\n  (b) No authority employee should accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  (c) No authority employee should disclose confidential information\nacquired by the employee in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  (d) No authority employee should use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for\nhimself or herself or others.\n  (e) No authority employee should engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  (f) An authority employee should not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such employee or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  (g) An authority employee should abstain from making personal\ninvestments in enterprises which he or she has reason to believe may be\ndirectly involved in decisions to be made by the employee or which will\notherwise create substantial conflict between his or her duty in the\npublic interest and his or her private interest.\n  (h) An authority employee should endeavor to pursue a course of\nconduct which will not raise suspicion among the public that he or she\nis likely to be engaged in acts that are in violation of his or her\ntrust.\n  (i) No authority employee employed on a full-time basis nor any firm\nor association of which such an employee is a member nor corporation a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee, should sell goods or services\nto any person, firm, corporation or association which is licensed or\nwhose rates are fixed by the authority in which such employee services\nor is employed.\n  (j) If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency, he\nor she should file with the secretary of state a written statement that\nhe or she has such a financial interest in such activity which statement\nshall be open to public inspection.\n  4. Violations. In addition to any penalty contained in any other\nprovision of law any such authority employee who shall knowingly and\nintentionally violate any of the provisions of this section may be\nfined, suspended or removed from office or employment.\n  * NB There are 2 § 1199-qqqq's\n