N.Y. EDN Law § 8603 — New York Code / Act EDN / Title 8 / Article 165 / Section 8603
Practice as a clinical laboratory technician and histotechnician and the use of the titles "clinical laboratory technician" and "histotec...
Status: in_force

§ 8603. Practice as a clinical laboratory technician and\nhistotechnician and the use of the titles "clinical laboratory\ntechnician" and "histotechnician". No person shall practice as a\nclinical laboratory technician or as a histotechnician or hold himself\nor herself out as a clinical laboratory technician or a histotechnician\nin this state unless he or she is certified or exempt pursuant to this\narticle, provided that an individual licensed as a clinical laboratory\ntechnologist, cytotechnologist, histotechnologist, or clinical\nlaboratory technician may practice the profession of histotechnician.\n
N.Y. EDN Law § 7106 — New York Code / Act EDN / Title 8 / Article 143 / Section 7106
Special provisions
Status: in_force

§ 7106. Special provisions. 1. The testimony and reports of a licensed\noptometrist shall be received by any official, board, commission or\nother agency of the state or of any of its subdivisions or\nmunicipalities as qualified evidence with respect to any matter defined\nin section seventy-one hundred one of this article; and no official,\nboard, commission, or other agency of the state or any of its\nsubdivisions or municipalities shall discriminate among the\npractitioners of optometry and any other ocular practitioners.\n  2. Eyeglasses or lenses for the correction of vision or non-corrective\ncontact lenses may be sold by any person, firm or corporation at retail,\nonly on prescription of a licensed physician or licensed optometrist and\nonly if a licensed physician, optometrist or ophthalmic dispenser is in\ncharge of and in personal attendance at the place of sale. This article\nshall not apply to binoculars, telescopes, or other lenses used for\nsimple magnification; except, that a seller of non-prescription\nready-to-wear magnifying spectacles or glasses shall have the following\nlanguage attached to each pair of glasses or spectacles displayed or\noffered for sale and in at least ten point bold type permanently affixed\nin plain view to the top of any point of sale display or, if there is no\ndisplay, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION\nGLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR\nEXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE\nNECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used\nin this subdivision "non-prescription, ready to wear magnifying\nspectacles or glasses" means spherical convex lenses, uniform in each\nmeridian, which are encased in eyeglass frames and intended to\nameliorate the symptoms of presbyopia. The lenses in such glasses shall\nbe of uniform focus power in each eye and shall not exceed 2.75\ndiopters.\n  3. It shall be a class A misdemeanor to practice any fraud, deceit or\nmisrepresentation in any advertising related to optometric services.\n
N.Y. VAT Law § 1640-J — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-J
Residential parking system in the Garrett Park area of the city of Yonkers
Status: in_force

* § 1640-j. Residential parking system in the Garrett Park area of the\ncity of Yonkers. 1. Notwithstanding the provisions of any law to the\ncontrary, the city council of the city of Yonkers 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 Garrett Park area of the city of Yonkers which shall mean\nthat area encompassing Palmer Road, from Parkview Avenue to Bronxville\nRoad; Garrett Place; Parkview Avenue from Palmer Road to 103 Parkview\nAvenue, north of Pondfield Road West; Pondfield Road West from\nBronxville Road to the Bronxville border and Gard Avenue from Pondfield\nRoad West to 19 Gard Avenue, north of Pondfield Road West.\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-j's\n
N.Y. EDN Law § 6603 — New York Code / Act EDN / Title 8 / Article 133 / Section 6603
State board for dentistry
Status: in_force

§ 6603. State board for dentistry. A state board for dentistry shall\nbe appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents and the\ndepartment on matters of professional licensing and professional conduct\nin accordance with section sixty-five hundred eight of this title. The\nboard shall be composed of not less than thirteen dentists licensed in\nthis state for at least five years, not less than three dental\nhygienists licensed in this state for at least five years, and not less\nthan one registered dental assistant licensed in this state for at least\none year. An executive secretary to the board shall be appointed by the\nboard of regents on recommendation of the commissioner and shall be a\ndentist licensed in this state.\n
N.Y. EDN Law § 7202 — New York Code / Act EDN / Title 8 / Article 145 / Section 7202
Practice of engineering and use of title "professional engineer"
Status: in_force

§ 7202. Practice of engineering and use of title "professional\nengineer".  Only a person licensed or otherwise authorized under this\narticle shall practice engineering or use the title "professional\nengineer".\n
N.Y. EDN Law § 7326 — New York Code / Act EDN / Title 8 / Article 148 / Section 7326
Exempt persons
Status: in_force

§ 7326. Exempt persons.  This article shall not be construed to affect\nor prevent:\n  a. The preparation of details and shop drawings by persons, other than\nlandscape architects, for use in connection with the execution of their\nwork;\n  b. Employees of those lawfully practicing as landscape architects\nunder the provisions of this article from acting under the instruction,\ncontrol or supervision of their employers;\n  c. Supervision by builders, or superintendents employed by such\nbuilders, of the installation of landscape projects; or\n  d. Business conducted in this state by any agriculturist,\nhorticulturist, tree expert, arborist, forester, nurseryman or landscape\nnurseryman, gardener, landscape gardener, landscape contractor, garden\nor lawn caretaker or grader or cultivator of land, as these terms are\ngenerally used, except that no such person shall use the designation\nlandscape architect, landscape architectural or landscape architecture\nunless licensed under this article.\n  e. Employment of any person as a junior or assistant landscape\narchitect by the City of New York in a position the title of which was\napproved and in use as of July first, nineteen hundred seventy-one,\nprovided such person acts under the general supervision of a licensed\nlandscape architect.\n  f. The practice of architecture by an architect licensed in this\nstate, or the practice of engineering or land surveying by an engineer\nor land surveyor licensed in this state, provided that no such\narchitect, engineer or land surveyor shall use the designation\n"landscape architect," "landscape architectural" or "landscape\narchitecture" unless licensed as a landscape architect in this state.\n
N.Y. PBA Law § 1801 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1801
Definitions
Status: in_force

§ 1801. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Assisted project" shall mean any project in respect of which the\nauthority has granted a loan or guaranteed a loan.\n  2. "Authority" shall mean the New York job development authority\ncreated by subdivision one of section eighteen hundred two of this\ntitle.\n  3. "Banking organization" when used in this title shall mean (a) any\norganization defined by subdivision eleven of section two of the banking\nlaw, (b) any agency or branch of a foreign banking corporation licensed\nby the department of financial services under article five of the\nbanking law, (c) any national bank, federal savings and loan association\nand federal credit union, (d) any authorized insurer defined by\nparagraph ten of subsection (a) of section one hundred seven of the\ninsurance law and (e) any public or private pension or investment fund\nrequired to file a report with any state or federal regulatory or\nsupervisory body.\n  4. "Comptroller" shall mean the comptroller of the state.\n  5. "Eligible business facility" shall mean any type of business\nfacility to be used or occupied by any person in an enterprise deemed to\noffer a reasonable likelihood for promoting the creation or retention of\njob opportunities in the state, and includes, but is not limited to,\nindustrial or manufacturing plants, facilities for research and\ndevelopment purposes, facilities for conducting wholesale, receiving and\ndistributing operations, facilities for conducting office operations,\nwarehousing operations, or any other operation dealing in the exchange\nof goods, wares, services or other types of property of any type or\ndescription.\n  6. "Federal agency" shall mean the United States of America, and any\nofficer, department, board, commissioner, bureau, division, corporation,\nagency or instrumentality thereof.\n  7. "Industrial plant" shall include a manufacturing plant and a plant\nused in connection with extracting, smelting, recovering, developing,\npreparing, compounding, converting, assembling or producing in any\nmanner, minerals, raw materials, chemicals, compounds, alloys, fibers,\ncommodities and materials, products or substances of any kind or nature,\nand shall include facilities related thereto for storage, warehousing or\ndistribution, for research and development or for the discovery of new\nand the refinement of known substances, processes and products.\n  8. "Local development corporation" shall mean a non-profit corporation\nincorporated or reincorporated under the laws of this state, regardless\nof its particular name, which shall meet the additional requirements of\nsection eighteen hundred twenty-five of this title.\n  9. "Manufacturing plant" shall include a plant used in connection with\nmaking, creating, working, preparing, processing, milling,\nmanufacturing, finishing, fashioning, fabricating, or producing in any\nmanner, goods, wares, merchandise, metals, fabrics, materials, products\nor substances of any kind or nature.\n  10. "Municipality" shall mean any county, city, town or village in the\nstate.\n  11. a. "Loan" shall mean (i) a mortgage loan evidenced by a bond, note\nor other obligation of a local development corporation secured by a\nmortgage on a project, defined in subdivision fourteen (i) and (ii) of\nthis section, made by a local development corporation, a project\noccupant or other person, firm or corporation; (ii) a loan evidenced by\na bond, note or other obligation of a local development corporation, a\nproject occupant, or other person, firm or corporation secured by a loan\nagreement, contract or such other instrument deemed necessary or\nconvenient on a project defined in subdivision fourteen (iii) of this\nsection; (iii) a loan evidenced by a bond, note or other obligation of a\nlocal development corporation, a project occupant, or other person, firm\nor corporation secured by a security interest in machinery and equipment\nas provided in section eighteen hundred fourteen; and (iv) an employee\nownership assistance loan made pursuant to paragraph (v) of subdivision\nfourteen of this section.\n  b. "Loan guarantee" shall mean the guaranteeing by the authority of a\nloan made by a banking organization on a project as defined in\nsubdivision fourteen of this section.\n  12. "Pollution control facilities" shall mean real or personal\nproperty having to do with, or the end purpose of which, is the control,\nabatement or prevention of land, sewer, water, air, thermal,\nradiational, noise or general environmental pollution resulting from the\noperation of an industrial, manufacturing or research plant.\n  13. "Plant" shall mean real property, the buildings, improvements and\nstructures thereon and the fixtures thereon other than machinery or\nequipment used by a project occupant in its operations.\n  14. "Project" shall mean (i) the construction of a new industrial or\nmanufacturing plant, a new research and development building or other\nnew eligible business facility, (ii) the acquisition, rehabilitation or\nimprovement of a former or existing industrial or manufacturing plant,\nof a former or existing building to be used for research and\ndevelopment, of a former or existing other eligible business facility,\n(iii) the construction, acquisition, rehabilitation or improvement of\npollution control facilities, (iv) the purchase of machinery and\nequipment, for which financial assistance from the authority is sought,\nor (v) assistance to employees under an employee ownership assistance\nloan agreement made pursuant to subtitle six of this title; provided,\nhowever, that any such plant, building, facility or machinery and\nequipment therefore shall not be primarily used in making retail sales\nof goods or services to customers who personally visit such facilities\nto obtain such goods or services, or used primarily as a hotel,\napartment house or other place of business which furnishes dwelling\nspace or accommodations to either residents or transients.\n  15. "Project cost" shall mean the aggregate costs incurred to finance\nthe construction, acquisition, rehabilitation, or improvement of a\nproject, and which are determined by the authority to be or to have been\nreasonably necessary therefor, including, without intending thereby to\nlimit the generality of such costs: the cost of acquiring real property\ntherefor; the cost of constructing or reconstructing buildings and\nimprovements thereon, including, to the extent such costs are not borne\nby the municipality or other taxing district within which the project is\nlocated, the cost of constructing means of access to and from such\nproject; the cost of constructing extensions to the project site of\nexisting utility systems if such costs are customarily borne by the\nconsumer; insurance premiums, financing charges, interest costs,\ncommitment fees and the like incurred prior to or during the period of\nconstruction, acquisition, rehabilitation or improvement; any fees or\ncharges imposed by the authority in respect of an application for a\nmortgage loan; the cost of preparing project specifications, maps,\nplans, surveys, estimates, applications and other documents, including\ncosts related to determination of the feasibility of the project in the\nplanning stages; and all such other costs, charges, fees, and expenses,\nincluding labor costs, overhead costs, the costs of materials and\nsupplies, and engineering, accounting and legal expenses, as may be\nreasonably incident to the construction, acquisition, rehabilitation or\nimprovement of the project; provided, however, that the term "project\ncost" except when used in subtitle III of this title shall not include\nthe cost of any machinery or equipment (other than fixtures) or personal\nproperty to be used by the project occupant in its operations or any\nexpenses related to the installation, replacement or rehabilitation\nthereof.\n  16. "Project occupant" shall mean the business enterprise which\nproposes to use a project after construction, acquisition,\nrehabilitation or improvement.\n  17. "Real property" shall mean lands, waters, rights in lands or\nwaters, structures, franchises and interests in land, including lands\nunder water and riparian rights, and any and all other things and rights\nusually included within the said term and includes also any and all\ninterests in such property less than full title, such as easements\npermanent or temporary, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments in every estate, interest or right,\nlegal or equitable.\n  18. "State" shall mean the state of New York.\n  19. "State agency" shall mean any officer, department, board,\ncommission, bureau, division, public corporation, agency or\ninstrumentality of the state.\n
N.Y. EDN Law § 6742 — New York Code / Act EDN / Title 8 / Article 136 / Section 6742
Special provision
Status: in_force

§ 6742. Special provision.  1. Any person who is employed as a\nphysical therapist assistant in a facility satisfactory to the state\nboard for a period of not less than two years prior to the effective\ndate of this article and who does not qualify for certification under\nsubdivision b of section sixty-seven hundred forty of this article may\nbe certified as a physical therapist assistant upon successful\ncompletion of an examination approved by the state board of physical\ntherapy in accordance with the commissioner's regulations.\n  2. Application for examination for certification pursuant to this\nsection must be submitted not later than January first, nineteen hundred\neighty-five. The department shall provide a total of three such\nexaminations. The third examination shall be given not later than April\nfirst, nineteen hundred eighty-five.  The fee for examination or\nreexamination shall be twenty-five dollars for each examination. Any\nperson who qualifies for admission to an examination pursuant to this\nsection may practice as a physical therapist assistant in the course of\nhis or her employment in a facility satisfactory to the state board\nuntil thirty days after notification of failure to qualify pursuant to\nthis section.\n  3. Any person who was employed as a physical therapist assistant for\nat least two years prior to April first, nineteen hundred eighty-one,\nand who had attained permanent civil service status as a physical\ntherapist assistant prior to that date, shall be issued written\nauthorization from the department to continue working in that capacity\nwithout examination. This authorization shall remain in effect until the\nperson leaves the position in which the civil service status had been\ngranted.\n
N.Y. PBA Law § 1199-ZZZZ — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-ZZZZ
Effect of inconsistent provisions
Status: in_force

§ 1199-zzzz. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Except as specifically provided for\nin this title, in the performance of any of its functions, powers and\nduties, the authority shall be subject to all applicable general or\nspecial laws of the state, the county charter, and any local law,\nordinance or resolution of the county.\n
N.Y. EDN Law § 6905 — New York Code / Act EDN / Title 8 / Article 139 / Section 6905
Requirements for a license as a registered professional nurse
Status: in_force

§ 6905. Requirements for a license as a registered professional nurse.\nTo qualify for a license as a registered professional nurse, an\napplicant shall fulfill the following requirements:\n  (1) Application: file an application with the department;\n  (2) Education: have received an education, and a diploma or degree in\nprofessional nursing, in accordance with the commissioner's regulations,\nand in order to continue to maintain registration as a registered\nprofessional nurse in New York state, have attained a baccalaureate\ndegree or higher in nursing within ten years of initial licensure in\naccordance with the commissioner's regulations. The department, in its\ndiscretion, may issue a conditional registration to a licensee who fails\nto complete the baccalaureate degree but who agrees to meet the\nadditional requirement within one year. 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 for one year and may be extended, with the payment of a fee,\nfor no more than one additional year, unless the applicant can show good\ncause for non-compliance acceptable to the department. The department,\nin its discretion, may issue a temporary educational exemption to a\nlicensee who is unable to complete the baccalaureate degree due to a\nlack of access to educational programs. Licensees seeking a temporary\neducational exemption shall provide evidence of applying on at least two\noccasions to a baccalaureate degree program or programs and subsequently\nbeing denied access to such program or programs on at least two\noccasions due to there being a limited number of seats. Such denials\nshall also be corroborated by the higher education institution or\ninstitutions that the licensee applied to. Temporary educational\nexemptions issued pursuant to this subdivision shall be for a single two\nyear period. Licensees shall only be eligible for either a conditional\nregistration or a temporary educational exemption. The fee for such a\ntemporary educational exemption shall be the same as, and in addition\nto, the fee for the triennial registration. Any licensee who is notified\nof the denial of a registration for failure to complete the additional\neducational requirements and who practices as a registered professional\nnurse without such registration may be subject to disciplinary\nproceedings pursuant to section sixty-five hundred ten of this title;\n  (3) Experience: meet no requirement as to experience;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (5) Age: be at least eighteen years of age;\n  (6) Citizenship: meet no requirement as to United States citizenship;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of one hundred fifteen dollars to the department\nfor admission to a department conducted examination and for an initial\nlicense, a fee of forty-five dollars for each reexamination, a fee of\nseventy dollars for an initial license for persons not requiring\nadmission to a department conducted examination, and a fee of fifty\ndollars for each triennial registration period.\n
N.Y. EDN Law § 6712 — New York Code / Act EDN / Title 8 / Article 135 / Section 6712
Exempt persons
Status: in_force

§ 6712. Exempt persons. Nothing in this article shall be construed to\naffect or prevent the following persons under the following limitations\nfrom practicing veterinary technology within the state without a\nlicense:\n  1. Technicians in the performance of more technical procedures in a\nresearch facility, on animals owned by that institution when such work\nis under the direct supervision of a qualified professional;\n  2. Technicians in the military or naval service of the United States,\nUnited States Department of Agriculture, the United States Veterans\nAdministration or the United States Public Health Service, in the\npractice of such technical procedures in obedience to the requirements\nof the laws of the United States, while engaged in the performance of\nthe actual duties prescribed under the appropriate statutes of the\nUnited States;\n  3. Any student engaging in clinical practice under the supervision of\na licensed veterinarian in pursuance of an approved program for the\ntraining of veterinary technology;\n  4. A technician who is licensed in another state, and who is in good\nstanding in such state, providing veterinary technology services\notherwise permissible pursuant to this article directly in connection\nwith an investigation by law enforcement of an alleged violation of\nfederal or state animal fighting or animal cruelty laws, within the\nscope of the investigation and/or any related judicial proceedings,\nsubject to the following requirements: (a) an official invitation has\nbeen extended to the technician for a specified period of time by the\nlaw enforcement authority with jurisdiction over the investigation; and\n(b) such law enforcement authority determines that the technician\npossesses skills, training, or experience necessary and relevant to such\ninvestigation of alleged incidents of animal fighting or animal cruelty.\nSuch exemption shall not extend beyond the time period specified by the\nlaw enforcement authority with jurisdiction over such investigation. The\nlaw enforcement authority shall notify the state veterinarian of any\ninvestigation conducted pursuant to this section for the purposes of\nfacilitating appropriate animal disease control measures, if necessary,\npursuant to articles five and twenty-six of the agriculture and markets\nlaw. Any person practicing as a veterinary technician in New York state\npursuant to this subdivision shall be subject to the personal and\nsubject matter jurisdiction and disciplinary and regulatory authority of\nthe board of regents as if he or she is a licensee and as if the\nexemption pursuant to this subdivision is a license. Such individual\nshall comply with applicable provisions of the rules of the board of\nregents, and the regulations of the commissioner, relating to\nprofessional misconduct, disciplinary proceedings and penalties for\nprofessional misconduct.\n  5. A technician who is licensed in another state, and who is in good\nstanding in such state, providing veterinary technology services\notherwise permissible pursuant to this article during an emergency or\nnatural disaster within the scope and location of assigned veterinary\ntechnician duties of the response efforts if: (a) an official\ndeclaration of the disaster or emergency has been made by the governor\nor the delegated state official; and (b) an official invitation has been\nextended to the technician for a specified time by the authority that\nhas jurisdiction for coordinating the animal/agricultural issues in the\nstate during emergencies either within or outside the emergency\nmanagement assistance compact (EMAC). Any person practicing as a\nveterinary technician in New York state pursuant to this subdivision\nshall be subject to the personal and subject matter jurisdiction and\ndisciplinary and regulatory authority of the board of regents as if he\nor she is a licensee and as if the exemption pursuant to this\nsubdivision is a license. Such individual shall comply with applicable\nprovisions of the rules of the board of regents, and the regulations of\nthe commissioner, relating to professional misconduct, disciplinary\nproceedings and penalties for professional misconduct.\n
N.Y. EDN Law § 7903 — New York Code / Act EDN / Title 8 / Article 156 / Section 7903
State board for occupational therapy
Status: in_force

§ 7903. State board for occupational therapy. A state board for\noccupational therapy shall be appointed by the board of regents on the\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 six\nlicensed occupational therapists, one licensed occupational therapy\nassistant, one physician, and two members of the public who are not\nlicensed under this title. An executive secretary to the board shall be\nappointed by the board of regents on recommendation of the commissioner.\n
N.Y. VAT Law § 1640-D — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-D
Residential parking system in the village of Pelham in the county of Westchester
Status: in_force

§ 1640-d. Residential parking system in the village of Pelham in the\ncounty of Westchester. 1. Notwithstanding the provisions of any law to\nthe contrary, the village board of the village of Pelham may, by\nadoption of a local law or ordinance, provide for a residential parking\npermit system and fix and require the payment of fees applicable to\nparking within the area in which such parking system is in effect in\naccordance with the provisions of this section.\n  2. Such residential parking permit system may only be established\nwithin the area of the village consisting of the following roadways:\n  (a) the east side of Wolfs Lane, from Franklin Place to Boulevard;\n  (b) the south side of Boulevard West, from Wolfs Lane to the city of\nMount Vernon boundary;\n  (c) both sides of Fifth Avenue, from Sixth Street to Willow Avenue;\n  (d) both sides of NYAC Avenue, from Franklin Avenue to Second Street;\n  (e) both sides of Corlies Avenue, from Colonial Avenue to Second\nStreet;\n  (f) both sides of Pelhamdale Avenue, from Colonial Avenue to Irving\nPlace;\n  (g) both sides of Highbrook Avenue, from Colonial Avenue to Irving\nPlace;\n  (h) both sides of Boulevard, from Wolfs Lane to Highbrook Avenue;\n  (i) both sides of Seventh Street, from the west end of Seventh Street\n(dead end) to Sixth Avenue;\n  (j) both sides of Fourth Avenue, from Seventh Street to the dead end;\n  (k) both sides of Harmon Avenue, from Fifth Avenue to Harmon Place;\n  (l) the north side of First Street, from Wolfs Lane to Corlies Avenue;\n  (m) the west side of NYAC Avenue, two hundred feet south of the\nintersection with First Street to East Second Street;\n  (n) the east side of Fourth Avenue, from First Street to Second\nStreet;\n  (o) the west side of First Avenue, from First Street to Third 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\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem;\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement;\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect;\n  (d) make not less than twenty percent of the spaces within the permit\narea available to nonresidents, and shall provide short term parking of\nnot less than one hundred twenty minutes in duration in the permit area;\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe village unless otherwise specified in such local law.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n
N.Y. EDN Law § 8402 — New York Code / Act EDN / Title 8 / Article 163 / Section 8402
Mental health counseling
Status: in_force

§ 8402. Mental health counseling. 1. Definition of the practice of\nmental health counseling. The practice of the profession of mental\nhealth counseling is defined as:\n  (a) the evaluation, assessment, amelioration, treatment, modification,\nor adjustment to a disability, problem, or disorder of behavior,\ncharacter, development, emotion, personality or relationships by the use\nof verbal or behavioral methods with individuals, couples, families or\ngroups in private practice, group, or organized settings; and\n  (b) the use of assessment instruments and mental health counseling and\npsychotherapy to identify, evaluate and treat dysfunctions and disorders\nfor purposes of providing appropriate mental health counseling services.\n  2. Practice of mental health counseling and use of the titles "mental\nhealth counselor" and "licensed mental health counselor". Only a person\nlicensed or exempt under this article shall practice mental health\ncounseling or use the title "mental health counselor". Only a person\nlicensed under this article shall use the title "licensed mental health\ncounselor" or any other designation tending to imply that the person is\nlicensed to practice mental health counseling.\n  3. Requirements for a professional license. To qualify for a license\nas a "licensed mental health counselor", an applicant shall fulfill the\nfollowing requirements:\n  (a) Application: File an application with the department;\n  (b) Education: Have received an education, including a master's or\nhigher degree in counseling from a program registered by the department\nor determined by the department to be the substantial equivalent\nthereof, in accordance with the commissioner's regulations. The graduate\ncoursework shall include, but not be limited to, the following areas:\n  (i) human growth and development;\n  (ii) social and cultural foundations of counseling;\n  (iii) counseling theory and practice and psychopathology;\n  (iv) group dynamics;\n  (v) lifestyle and career development;\n  (vi) assessment and appraisal of individuals, couples and families and\ngroups;\n  (vii) research and program evaluation;\n  (viii) professional orientation and ethics;\n  (ix) foundations of mental health counseling and consultation;\n  (x) clinical instruction; and\n  (xi) completion of a minimum one year supervised internship or\npracticum in mental health counseling;\n  (c) Experience: An applicant shall complete a minimum of three\nthousand hours of post-master's supervised experience relevant to the\npractice of mental health counseling satisfactory to the board and in\naccordance with the commissioner's regulations. Satisfactory experience\nobtained in an entity operating under a waiver issued by the department\npursuant to section sixty-five hundred three-a of this title may be\naccepted by the department, notwithstanding that such experience may\nhave been obtained prior to the effective date of such section\nsixty-five hundred three-a and/or prior to the entity having obtained a\nwaiver. The department may, for good cause shown, accept satisfactory\nexperience that was obtained in a setting that would have been eligible\nfor a waiver but which has not obtained a waiver from the department or\nexperience that was obtained in good faith by the applicant under the\nbelief that appropriate authorization had been obtained for the\nexperience, provided that such experience meets all other requirements\nfor acceptable experience;\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. PBA Law § 1570-J — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-J
Agreements of the village
Status: in_force

§ 1570-j. Agreements of the village. 1. The village is authorized to\npledge to and agree with the holders of any bonds issued by the\nauthority pursuant to this title and with those persons or public\nauthorities who may enter into contracts with the authority pursuant to\nthe provisions of this title that the village will not alter, limit or\nimpair the rights hereby vested in the authority by this title to\npurchase, construct, own and operate, maintain, repair, improve,\nreconstruct, renovate, rehabilitate, enlarge, increase and extend, or\ndispose of any project, or any part or parts thereof, for which bonds of\nthe authority shall have been issued, to establish, collect and adjust\nrates, rents, fees and other charges referred to in this title, to\nfulfill the terms of any agreements made with the holders of the bonds\nor with any public authority or person with reference to such project or\npart thereof, or in any way impair the rights and remedies of the\nholders of bonds, until the bonds, together with interest thereon,\nincluding interest on any unpaid installments of interest, and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof the holders of bonds, are fully met and discharged and such contracts\nare fully performed on the part of the authority. Nothing contained in\nthis title shall be deemed to restrict any right of the village to\namend, modify, or otherwise alter local laws, ordinances, resolutions or\nagreements imposing or relating to taxes or fees or appropriations\nrelating thereto. There shall not be included in any resolution,\ncontract or agreement with the holders of its bonds or other obligations\nany provision which provides that a default shall occur as a result of\nthe village exercising its right to amend, repeal, modify or otherwise\nalter such laws, ordinances, resolutions or agreements.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and subject to approval by the village board of\ntrustees and the mayor, to covenant and agree with the holders of the\nbonds, with such exceptions and limitations as it may deem to be in the\npublic interest, that no public parking areas except those acquired and\noperated by the authority will be constructed or operated in the village\nby the village, or by any public benefit or other corporation the\nmembers or some of which are elected or are appointed by village\nofficials, until either (a) the bonds, together with interest thereon,\ninterest on any unpaid installments of interest and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nthe bondholders are fully met and discharged or (b) principal or\ninterest of any of the bonds shall be overdue and unpaid for a period of\nthree years or more, provided that nothing in this subdivision shall be\ndeemed to impair the right of the village to install and operate parking\nmeters on the public streets of the village.\n
N.Y. PBA Law § 1570-T — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-T
Termination of the authority
Status: in_force

§ 1570-t. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or cancelled, the\nauthority shall cease to exist and all rights, titles, and interest and\nall obligations and liabilities thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the village.\n
N.Y. EDN Law § 8201 — New York Code / Act EDN / Title 8 / Article 159 / Section 8201
Definition of practice of speech-language pathology
Status: in_force

§ 8201. Definition of practice of speech-language pathology.  The\npractice of the profession of speech-language pathology shall mean the\napplication of principles, methods and procedures of measurement,\nprediction, non-medical diagnosis, testing, counselling, consultation,\nrehabilitation and instruction related to the development and disorders\nof speech, voice, swallowing, and/or language for the purpose of\npreventing, ameliorating or modifying such disorder conditions in\nindividuals and/or groups of individuals.\n
N.Y. EDN Law § 6634 — New York Code / Act EDN / Title 8 / Article 134 / Section 6634
State committee for perfusion
Status: in_force

§ 6634. State committee for perfusion. 1. A state committee for\nperfusion shall be appointed by the board of regents upon the\nrecommendation of the commissioner as a committee of the board for\nmedicine to advise solely in matters relating to perfusion and shall\nassist on matters of licensure and professional conduct.\n  2. The committee shall consist of no fewer than eight individuals, to\nbe composed of a minimum of the following:\n  a. four licensed perfusionists;\n  b. two licensed physicians and\n  c. two representatives of the public at large.\n
N.Y. SOS Law § 302 — New York Code / Act SOS / Article 5 / Title 8 / Section 302
Eligibility
Status: in_force

§ 302. Eligibility. Emergency assistance shall be granted to an aged,\nblind or disabled person who applies for such assistance and who:\n  (a) Has needs, as specified in section three hundred three of this\nchapter and the regulations of the department, that cannot be met by the\nregular monthly supplemental security income benefit and/or additional\nstate payment, or by income or resources not excluded by the federal\nsocial security act and which, if not met, would endanger the health,\nwelfare or safety of the individual; and\n  (b) Is not eligible for assistance under section three hundred fifty-j\nof this chapter.\n
N.Y. EDN Law § 6523 — New York Code / Act EDN / Title 8 / Article 131 / Section 6523
State board for medicine
Status: in_force

§ 6523. State board for medicine. A state board for medicine shall be\nappointed by the board of regents on recommendation of the commissioner\nfor the purpose of assisting the board of regents and the department on\nmatters of professional licensing in accordance with section sixty-five\nhundred eight of this title. The board shall be composed of not less\nthan twenty physicians licensed in this state for at least five years,\ntwo of whom shall be doctors of osteopathy. To the extent such physician\nappointees are available for appointment, at least one of the physician\nappointees to the state board for medicine shall be an expert on\nreducing health disparities among demographic subgroups, and one shall\nbe an expert on women's health. The board shall also consist of not less\nthan two physician's assistants licensed to practice in this state. The\nparticipation of physician's assistant members shall be limited to\nmatters relating to article one hundred thirty-one-B of this chapter. An\nexecutive secretary to the board shall be appointed by the board of\nregents on recommendation of the commissioner and shall be either a\nphysician licensed in this state or a non-physician, deemed qualified by\nthe commissioner and board of regents.\n
N.Y. RSS Law § 75-E — New York Code / Act RSS / Article 2 / Title 8 / Section 75-E
Guaranteed retirement benefits for employees of participating employers
Status: in_force

§ 75-e. Guaranteed retirement benefits for employees of participating\nemployers.  a. By the adoption, filing and approval, where required, of\na resolution in a manner provided by section thirty, thirty-one or\nthirty-two of this chapter, as the case may be, a participating employer\nwho previously elected to make contributions under the provisions of\nsection seventy-five-b of this chapter may elect to make contributions\nto the pension accumulation fund for the purpose of providing guaranteed\nretirement benefits pursuant to this section for members in its employ\nwho are entitled to a pension pursuant to paragraph one, subdivision a\nof section seventy-five-c of this chapter. Such resolution shall specify\nan effective date which shall be on or after the date of such filing for\nthe commencement of guaranteed retirement benefits.\n  b. 1. The guaranteed retirement benefit shall consist of an additional\npension for member service rendered on or after April first, nineteen\nhundred thirty-eight and prior to April first, nineteen hundred sixty,\nwhich when added to the pension provided pursuant to subparagraph (b),\nparagraph one, subdivision a of section seventy-five-c and the annuity\nwhich is the actuarial equivalent of the member's accumulated\ncontributions attributable to such period, computed on the basis of his\nrate of normal contribution, will provide a retirement allowance of\none-sixtieth of final average salary for each year of such service, for\nmembers in its employ on the effective date of the aforesaid resolution.\nSuch annuity shall be computed as it would be if it were not reduced by\nthe actuarial equivalent of any outstanding loan nor by reason of the\nmember's election to decrease his contributions toward retirement in\norder to apply the resulting amount toward payment of contributions for\nold age and survivors insurance coverage.\n  2. The additional pension provided under this section shall not be\nincluded in computing any pension reserve payable pursuant to the\nprovisions of section sixty of this chapter.\n  3. Any accumulated contributions in excess of the amount required to\nprovide the annuity computed pursuant to paragraph one of this\nsubdivision shall be used to increase the member's retirement allowance.\n  c. 1. A member of the retirement system in the employ of such\nparticipating employer on or after January first, nineteen hundred\nsixty-eight and prior to April first, nineteen hundred sixty-eight, who\nretires from such employ after the effective date of the aforesaid\nresolution, shall be entitled to, if otherwise eligible, the additional\npension provided under subdivision a of this section.\n  2. A member of the retirement system not in the employ of the\nparticipating employer on or after January first, nineteen hundred\nsixty-eight and prior to April first, nineteen hundred sixty-eight, who\nthereafter enters or re-enters such employ, shall not be entitled to the\nadditional pension provided under this section for any period of member\nservice rendered on or after April first, nineteen hundred thirty-eight\nand prior to April first, nineteen hundred sixty, unless he renders two\nor more years of service in the employ of such participating employer\nafter the effective date that such employer elects to provide the\nbenefits under this section, and retires from such employ, except that a\nmember shall retain such eligibility for the additional pension provided\nby this section that accrued by reason of previous employment\nimmediately prior to employment with such participating employer.\n  d. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this chapter be entitled\nto a greater benefit, in which event, the greater benefit shall be\npayable.\n  e. The provisions of this section shall apply to members retiring from\nservice with a participating employer after the effective date of such\nresolution; provided, however, in the case of persons who last became\nmembers on or after July first, nineteen hundred seventy-three, the\nprovisions of this section shall apply only to those retiring prior to\nJuly first, nineteen hundred seventy-four.\n
N.Y. EDN Law § 7210 — New York Code / Act EDN / Title 8 / Article 145 / Section 7210
Certificates of authorization
Status: in_force

§ 7210. Certificates of authorization. 1. Domestic or foreign\nprofessional service corporations, design professional service\ncorporations, professional service limited liability companies, foreign\nprofessional service limited liability companies, registered limited\nliability partnerships, New York registered foreign limited liability\npartnerships, partnerships and joint enterprises specified in\nsubdivision four of section seventy-two hundred nine of this article,\nprovided each of the foregoing entities is authorized to provide\nprofessional engineering, land surveying or professional geology\nservices and general business corporations authorized to provide\nprofessional engineering or land surveying services pursuant to\nsubdivision six of section seventy-two hundred nine of this article may\noffer to provide or provide professional engineering, land surveying or\nprofessional geology services only after obtaining a certificate of\nauthorization from the department. Except as otherwise authorized by\nstatute, rule or regulation, other business entities are not authorized\nto offer or provide professional engineering, land surveying or\nprofessional geology services and may not obtain certificates of\nauthorization provided that nothing contained herein shall prohibit an\nindividual who is licensed to practice professional engineering, land\nsurveying or professional geology under this article from obtaining a\ncertificate of authorization upon application and payment of the\nappropriate fees provided for under this section.\n  2. Upon application a certificate of authorization shall be issued by\nthe department to all individuals, corporations, limited liability\ncompanies, limited liability partnerships, partnerships and joint\nenterprises specified in subdivision one of this section and which are\nauthorized to provide professional engineering or land surveying\nservices and pay the appropriate fee.\n  3. A "certificate of authorization" shall authorize such individual,\ncorporation, limited liability company, limited liability partnership,\npartnership or joint enterprise to provide professional engineering or\nland surveying services for three years from the date of issuance\nsubject to, as otherwise prescribed by law, the supervision of the\nregents of the university of the state of New York including the power\nto discipline and impose penalties in the same manner and to the same\nextent as is provided with respect to individuals and their licenses and\nregistration pursuant to this title.\n  4. An application, triennial renewal, delinquent or replacement\ncertificate fee must accompany the "certificate of authorization"\nrequest in the amount shown below. A business entity that fails to renew\nits certificate of authorization before the expiration date shall be\nrequired to pay the additional delinquent fee for late filing of ten\ndollars for each full month it has practiced after the expiration of its\ncertificate of authorization.\n  Application fee and first triennial certificate of authorization -\n  $125.00;\n  Triennial renewal fee - $75.00;\n  Delinquent fee - $10.00 per month of practice without a certificate of\n  authorization;\n  Replacement certificate fee - $10.00.\n  All checks shall be made payable to the state department of education,\nstate of New York and submitted to the department. If a business\nenterprise is not eligible to receive a "certificate of authorization",\nthe fee will be retained to cover the costs of processing. Triennial\nrenewal fees for all "certificates of authorization" are due and payable\non or before the filing date of each triennial registration period.\n  5. The department shall compile a registry of the holders of all\ncertificates of authorization. Such registry shall include the name and\naddress of all registrants, state whether a certificate of authorization\nhas been issued, denied, suspended, or revoked, and disclose whether the\ncertificate is current or expired. Access to the registry shall be made\navailable electronically without cost. A record search of the registry\nmay be obtained in person or by mail provided that a fee of ten dollars\nshall be paid for each putative registrant.\n
N.Y. PBA Law § 1199-EE*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-EE*2
Powers of the authority
Status: in_force

* § 1199-ee. Powers of the authority. The authority shall have the\npower:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law within the\ndistrict, lease as lessee, hold, and use any real or personal property\nor any interest therein, as the authority may deem necessary, convenient\nor desirable to carry out the purposes of this title; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality. In\nconnection with the acquisition of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time, and in the case of\nan acquisition of properties from a municipality pursuant to this\nprovision, it may assume the primary responsibility for the payment of\nany bonds or notes issued by such municipality for such properties;\n  6. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities;\n  7. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n  8. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\noperated or contracted for by the authority, to municipalities and to\ncarry out the terms thereof, for the transmission of water from new or\nexisting supply facilities;\n  9. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  10. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  11. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  12. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  13. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  14. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater system;\n  15. To produce, develop, distribute and sell water to the county and\nto any municipality within the territorial limits of the district;\n  16. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rates and charges therefor. A copy of such rules\nand by-laws, and all amendments thereto, duly certified by the secretary\nof the authority shall be filed in the office of the county clerk of the\ncounty. In addition, the county legislature shall have power to\nprescribe that violation of specific by-laws of the authority, published\nonce in a newspaper having a general circulation in the county, shall be\npunishable by fine, not exceeding fifty dollars, or by imprisonment for\nnot longer than thirty days, or both;\n  17. To fix rates and collect charges for the use of the facilities of,\nor any commodities furnished by the authority such as to provide\nrevenues sufficient at all times to pay, as the same shall become due,\nthe principal and interest on the bonds or other obligations of the\nauthority together with the maintenance of proper reserves therefor, in\naddition to paying as the same shall become due the expense of operating\nand maintaining the properties of the authority together with proper\nreserves for maintenance, contingencies and all other obligations and\nindebtedness of the authority;\n  18. To enter into cooperative agreements with other authorities,\nmunicipalities, utility companies, individuals, or corporations, within\nor without the territorial limits of the district, for the\ninterconnection of facilities, the exchange or interchange of water,\nand, within the territorial limits of the district, to enter into a\ncontract for the construction and operation and maintenance of a water\nfacility by the authority for any municipality having power to construct\nand develop a water facility, upon such terms and conditions as shall be\ndetermined to be reasonable, including but not limited to the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title;\n  19. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n  20. With the consent of the county executive, to use officers and\nemployees of the county and to pay a proper portion of compensation or\ncosts for the services of such officers or employees; and\n  21. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n  * NB There are 2 § 1199-ee's\n
N.Y. PBA Law § 1197-I — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-I
State and municipalities not liable on authority bonds
Status: in_force

§ 1197-i. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n
N.Y. EDN Law § 6803 — New York Code / Act EDN / Title 8 / Article 137 / Section 6803
Practice of pharmacy and use of title "pharmacist"
Status: in_force

§ 6803. Practice of pharmacy and use of title "pharmacist".  Only a\nperson licensed or otherwise authorized under this article shall\npractice pharmacy or use the title "pharmacist" or any derivative.\n
N.Y. EDN Law § 7710 — New York Code / Act EDN / Title 8 / Article 154 / Section 7710
Mandatory continuing education
Status: in_force

§ 7710. Mandatory continuing education. 1. (a) Each licensed master\nsocial worker or licensed clinical social worker required under this\narticle to register triennially with the department to practice in this\nstate, shall comply with the provisions of mandatory continuing\neducation requirements prescribed in subdivision two of this section,\nexcept as set forth in paragraphs (b) and (c) of this subdivision.\nLicensed master social workers or licensed clinical social workers who\ndo not satisfy the mandatory continuing education requirements shall not\npractice until they have met such requirements and they have been issued\na registration certificate, except that a licensed master social worker\nor licensed clinical social worker may practice without having met such\nrequirements if he or she is issued a conditional registration\ncertificate pursuant to subdivision three of this section.\n  (b) Each licensed master social worker or licensed clinical social\nworker shall be exempt from the mandatory continuing education\nrequirements for the triennial registration period during which they are\nfirst licensed. In accordance with the intent of this section,\nadjustment to the mandatory continuing education requirement may be\ngranted by the department for reasons of health that are certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed master social worker or a licensed clinical social\nworker not engaged in practice, as determined by the department, shall\nbe exempt from the mandatory continuing education requirement upon the\nfiling of a statement with the department declaring such status. Any\nlicensee who returns to the practice of social work during the triennial\nregistration period shall notify the department prior to reentering the\nprofession and shall meet such mandatory education requirements as shall\nbe prescribed by regulations of the commissioner.\n  (d) A licensed clinical social worker who is also licensed and\nregistered to practice as a licensed master social worker in the same\ntriennial registration period, shall not be required to complete more\nthan thirty-six hours of continuing education in the triennial\nregistration period, or one hour per month for a registration period\nother than thirty-six months.\n  2. During each triennial registration period an applicant for\nregistration as a licensed master social worker or licensed clinical\nsocial worker shall complete a minimum of thirty-six hours of acceptable\nformal continuing education. Any licensed master social worker or\nlicensed clinical social worker whose first registration date following\nthe effective date of this section occurs less than three years from\nsuch effective date, but on or after January first, two thousand\nfifteen, shall complete continuing education hours on a prorated basis\nat the rate of one hour per month for the period beginning January\nfirst, two thousand fifteen up to the first registration date\nthereafter. A licensee who has not satisfied the mandatory continuing\neducation requirement shall not be issued a triennial registration\ncertificate by the department and shall not practice unless and until a\nconditional registration is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nmay not be transferred to the subsequent triennium.\n  3. (a) The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n  (b) For purposes of this section "acceptable formal education" shall\nmean formal courses of learning which contribute to professional\npractice in social work and which meet the standards prescribed by\nregulations of the commissioner. Such formal courses of learning shall\ninclude, but not be limited to, collegiate level credit and non-credit\ncourses, professional development programs and technical sessions\noffered by national, state and local professional associations and other\norganizations acceptable to the department, and any other organized\neducational and technical programs acceptable to the department.\nContinuing education courses must be taken from a provider who has been\napproved by the department, based upon an application and fee, pursuant\nto the regulations of the commissioner. The department may, in its\ndiscretion and as needed to contribute to the health and welfare of the\npublic, require the completion of continuing education courses in\nspecific subjects to fulfill this mandatory continuing education\nrequirement. Licensed master social workers or licensed clinical social\nworkers 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 title.\n  (c) The mandatory continuing education fee shall be determined by the\ndepartment. Such fee shall be payable on or before the first day of each\ntriennial registration period, and shall be paid in addition to the\ntriennial registration fee required by paragraph (g) of subdivision one\nand paragraph (g) of subdivision two of section seventy-seven hundred\nfour of this article.\n
N.Y. PBA Law § 1199-I — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-I
Remedies of bondholders
Status: in_force

§ 1199-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision four of\nsection one thousand one hundred ninety-nine-h of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose herein provided.\n  2. Such trustee may and, upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding, shall\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n
N.Y. VAT Law § 1673 — New York Code / Act VAT / Title 8 / Article 43 / Section 1673
Membership of board
Status: in_force

§ 1673. Membership of board. (a) Such board shall be composed of not\nless than ten members interested in traffic safety and traffic problems\nappointed by the city council, town board, borough president or board of\nsupervisors or other governing body of the city, town, borough or county\nfor which such board has been created.\n  (b) Each member shall be a resident of the city, town or county for\nwhich such board has been created and shall be a qualified elector\nthereof.  For any county not wholly included within a city, at least one\nbut not more than three of such members shall be a resident or residents\nof and be appointed from each one of the cities contained in the county,\nand the balance of such members shall be appointed from the county at\nlarge.\n  (c) The term of office of such members shall be three years, except\nthat the members first appointed to such board shall be appointed as\nfollows: one-third shall be appointed for a term of three years;\none-third for a term of two years and the remaining members of the board\nfor a term of one year. Upon the expiration of the term of office of any\nmember, his or her successor shall be appointed to membership in such\nboard for a term of three years.\n  (d) The members of such board shall receive no compensation for\nservices but shall be entitled to their reasonable and necessary\nexpenses, incurred in the performance of their duties, within any\nappropriation made for such purpose.\n
N.Y. PBA Law § 1820 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 3 / Section 1820
Pollution control funds
Status: in_force

§ 1820. Pollution control funds. 1. The following shall constitute\npollution control funds of the authority and shall be kept separate and\napart from all other funds of the authority: (a) the proceeds of sale of\npollution control bonds and notes (b) any moneys appropriated and made\navailable by the state for the purposes of this subtitle only, (c) any\nmoneys made available to the authority for the purposes of this subtitle\nonly from any other source or sources, (d) any moneys received by the\nauthority as payments on account of loans made by the authority pursuant\nto this subtitle, (e) any fees, charges or other moneys received by the\nauthority in respect of projects assisted by the authority pursuant to\nthis subtitle or on account of applications therefor, and (f) any income\nor interest earned by, or any increment added to, any pollution control\nfunds due to the investment thereof.\n  2. The authority shall further create and establish a separate fund to\nbe known as the "pollution control capital reserve fund" and shall pay\ninto such capital reserve fund (1) any moneys apportioned and paid by\nthe state for the purposes of such fund pursuant to subdivision two of\nsection eighteen hundred twenty-eight of this title, (2) any proceeds of\nsale of pollution control bonds or notes to the extent provided in the\nresolution of the authority authorizing the issuance thereof, (3) any\npollution control funds directed to be transferred by the authority to\nsuch capital reserve fund, and (4) any other moneys which may be made\navailable to the authority for the purposes of such fund from any other\nsource or sources.\n  The moneys credited to such pollution control capital reserve fund\nshall be used, except as hereinafter provided, solely for the payment of\nthe principal of pollution control bonds of the authority, as the same\nmature, the purchase of pollution control bonds, the payment of interest\non pollution control bonds, and the payment of principal and any\nredemption premium required to be paid upon a redemption of such bonds\nprior to maturity; provided, however, that moneys in such fund shall not\nbe withdrawn therefrom at any time in such amount as would reduce the\namount of such fund to less than the maximum amount of principal and\ninterest maturing and becoming due in any succeeding calendar year on\nall pollution control bonds of the authority then outstanding, except\nfor the purpose of paying the principal of and interest on the pollution\ncontrol bonds of the authority maturing and becoming due for the payment\nof which other moneys of the authority are not available.\n  Moneys in the pollution control capital reserve fund not required for\nimmediate use or disbursement may be invested in accordance with all the\notherwise consistent provisions of section ninety-eight-a of the state\nfinance law. In computing the amount of the pollution control capital\nreserve fund for the purposes of this section, securities in which all\nor a portion of such fund are invested shall be valued at par or, if\npurchased at less than par, at their cost to the authority. The\nauthority shall not issue pollution control bonds at any time secured by\nthe pollution control capital reserve fund if the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding\ncalendar year on the pollution control bonds then to be issued and on\nall other pollution control bonds of the authority then outstanding will\nexceed the amount of the pollution control capital reserve fund at the\ntime of issuance unless the authority, at the time of issuance of such\npollution control bonds, shall deposit in such fund from the proceeds of\nthe pollution control bonds to be issued, or otherwise, an amount which,\ntogether with the amount then in such fund, will be not less than the\nmaximum amount of principal and interest maturing and becoming due in\nany succeeding calendar year on the pollution control bonds then to be\nissued and on all other pollution control bonds of the authority then\noutstanding.\n  Any excess in the pollution control capital reserve fund at the close\nof any fiscal year of the authority over the maximum amount of the\nprincipal and interest maturing and becoming due in any succeeding\ncalendar year on all pollution control bonds of the authority then\noutstanding shall be withdrawn by the authority from said capital\nreserve fund and, subject to the provisions of subdivision four of\nsection eighteen hundred twenty-eight of this title, used as pollution\ncontrol funds.\n  3. Subject to the terms of any agreement with pollution control\nbondholders and noteholders, pollution control funds may be used by the\nauthority (a) to make loans to local development corporations for costs\nof projects specified in section eighteen hundred seventeen in any area\nof the state, (b) to pay the expenses of the authority referred to in\nany of the clauses of subdivision one of section eighteen hundred\ntwenty-eight of this title, (c) to make payments to the pollution\ncontrol capital reserve fund, (d) to repay advances from the state for\nuse as pollution control funds in accordance with any provision of law\nor repayment agreement between the authority and the director of the\nbudget, (e) to pay the principal and redemption price of or interest on\npollution control bonds or notes, (f) to purchase pollution control\nbonds or notes, or (g) in connection with projects financed with\npollution control funds to exercise any of the powers conferred in this\ntitle. Investment proceeds and repayments from borrowers credited to the\npollution control fund may, to the extent that they are not required\npursuant to the preceding sentence of this subdivision, be used for\nother purposes of the authority.\n
N.Y. PBH Law § 1356 — New York Code / Act PBH / Article 13 / Title 8 / Section 1356
Food allergies and intolerances notice in food service establishments and online food ordering services
Status: in_force

§ 1356. Food allergies and intolerances notice in food service\nestablishments and online food ordering services. 1. Definitions. For\nthe purposes of this section:\n  (a) "Food service establishment" shall mean a restaurant or catering\nhall where food is prepared and served either on or off site.\n  (b) "Menu" shall mean a list or pictorial display of a prepared food\nitem or items available for sale from a food establishment for the\npurpose of permitting a customer to order such food item or items,\nincluding such list or pictorial display posted online for a customer to\nplace food orders for delivery or take out.\n  2. The commissioner shall make available on the department's website,\nin English and in the twelve most common non-English languages spoken by\nlimited-English proficient individuals in the state, based on the data\nin the most recent American Community Survey published by the United\nStates Census Bureau, a notice containing information for staff of food\nservice establishments regarding food allergies and intolerances. Such\nnotice shall include:\n  (a) the procedures to be followed if a customer informs staff of such\nfood service establishment that such customer has a food allergy or\nintolerance;\n  (b) any procedures to be followed to prevent cross contact; and\n  (c) the procedure to be followed if a customer has an allergic\nreaction, including a recommendation regarding the circumstances in\nwhich to call 911.\n  3. Every food service establishment shall post the notice containing\ninformation on food allergies and intolerances established pursuant to\nsubdivision two of this section in a conspicuous location accessible to\nall employees involved in the preparation or service of food, in at\nleast one of the languages spoken by each employee to the extent such\nlanguages are among those in which the department makes the notice\navailable pursuant to subdivision two of this section.\n  4. The commissioner shall make available on the department's website,\nin the twelve most common non-English languages spoken by\nlimited-English proficient individuals in the state, based on the data\nin the most recent American Community Survey published by the United\nStates Census Bureau, (a) a translation of the following: "If you have a\nfood allergy or intolerance, please notify us."; and (b) a food allergy\nor intolerance message that food service establishments may use to\ninform customers about allergy and intolerance information for prepared\nfood items.\n  5. Every food service establishment operating in New York state that\nmakes available a menu shall include in a conspicuous manner on each\nmenu or the assembly upon which the menu or menus are included, either,\n(a) the following notice: "If you have a food allergy or intolerance,\nplease notify us."; or (b) a food allergy or intolerance message that\ninforms the customer about the allergy or intolerance information for\neach prepared food item or items on such menu. If such menu is available\nin a language other than English for which the department makes a\ntranslation available pursuant to subdivision four of this section, such\nfood service establishment shall also include such translation in a\nconspicuous manner. Every food service establishment that makes\navailable a menu online for a customer to place food orders for delivery\nor take out, including under a third-party food delivery agreement\npursuant to section three hundred ninety-one-v of the general business\nlaw, shall also include on such menu a food allergy or intolerance\nnotification to customers and either, (1) provide a method by which a\ncustomer may indicate any food allergy or intolerance such customer has;\nor (2) provide a food allergy message that informs the customer about\nthe allergy and intolerance information for each prepared food item or\nitems on such menu.\n  6. Any food service establishment that violates the provisions of this\nsection or any of the rules or regulations promulgated hereunder shall\nbe liable for a civil penalty not to exceed one hundred twenty-five\ndollars for each violation.\n
N.Y. EDN Law § 7324 — New York Code / Act EDN / Title 8 / Article 148 / Section 7324
Requirements for a professional license
Status: in_force

§ 7324. Requirements for a professional license. 1. To qualify for a\nlicense as a landscape architect, an applicant shall fulfill the\nfollowing requirements:\n  (1) Application: file an application with the department;\n  (2) Education: have received an education, including a bachelor's or\nhigher degree in landscape architecture, in accordance with the\ncommissioner's regulations;\n  (3) Experience: have experience satisfactory to the board in\nappropriate landscape architectural work and of sufficient amount so\nthat the combined college study and experience total eight years;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (5) Age: be at least twenty-one years of age;\n  (6) Citizenship or immigration status: be a United States citizen or a\nnoncitizen lawfully admitted for permanent residence in the United\nStates;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of two hundred twenty dollars to the department\nfor admission to a department conducted examination and for an initial\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\nfee of one hundred fifteen dollars for an initial license for persons\nnot requiring admission to a department conducted examination, and a fee\nof one hundred fifty-five dollars for each triennial registration\nperiod.\n  2. In lieu of degree and experience requirements specified in\nsubparagraphs (2) and (3) of subdivision one of this section, twelve\nyears of practical experience in landscape architecture of a grade and\ncharacter satisfactory to the board may be accepted by the department\nprovided that each complete year of study satisfactory to the department\nmay at the discretion of the board be accepted in lieu of two years of\nexperience but not to exceed eight years toward the required total of\ntwelve years. Eight years of such experience satisfactory to the board\nmay be accepted by the department for admission to that portion of the\nexamination related to fundamental landscape architecture theory.\n  3. In lieu of degree, experience and examination requirements\nspecified in subparagraphs (2), (3) and (4) of subdivision one of this\nsection, ten years of lawful practice of landscape architecture outside\nthe state satisfactory to the board may be accepted by the department\nupon the passing of a practical examination satisfactory to the board.\n  4. On recommendation of the board, the department may exempt from\nexamination an applicant who holds a license or certificate to practice\nlandscape architecture issued to him upon examination by a legally\nconstituted board of examiners in any other state or political\nsubdivision of the United States, provided the applicant's\nqualifications met the requirements in this state at the time such\nlicense was issued.\n
N.Y. PBA Law § 1198-B — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-B
Definitions
Status: in_force

§ 1198-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section eleven\nhundred ninety-eight-d of this title.\n  2. "Board of directors" shall mean the governing board of the\nauthority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title.\n  4. "Calendar year" shall mean the twelve month period from January\nfirst through December thirty-first.\n  5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n  6. "Civil service commission" shall mean the civil service commission\nof the county of Nassau.\n  7. "Comptroller" shall mean the comptroller of the state of New York.\n  8. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water facility as defined herein; the inspection and supervision\nthereof; and the engineering, architectural, legal, appraisal, fiscal,\neconomic and environmental investigations, services and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions incidental thereto.\n  9. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advices and credit arrangements with banks\nor other financial institutions, the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures made by them\nthat would be costs of the project hereunder, notwithstanding the fact\nthat such expenditures may have been incurred prior to the effective\ndate of this title.\n  10. "County" shall mean the county of Nassau.\n  11. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  12. "District" shall mean the water authority of Western Nassau county\ndistrict created by section eleven hundred ninety-eight-c of this title.\n  13. "Governing body" shall mean:\n  (a) In the case of a city, county, town or village or district\ncorporation the finance board as such term is defined in the local\nfinance law.\n  (b) In the case of a public benefit corporation, the members thereof.\n  14. "Members" shall mean the members of the board of directors.\n  15. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n  16. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, goundwater riparian rights\nand air rights and any and all things and rights customarily included\nwithin the term "real property" and includes not only fee simple\nabsolute, but also any and all lesser interests including, but not\nlimited to, easements, rights of way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "State" shall mean state of New York.\n  19. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  20. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  21. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived from users of the\nauthority without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  22. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  23. "Treasurer" shall mean the treasurer of the authority.\n  24. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed for the purpose of supplying, transmitting, distributing\nor treating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, waterworks or sources of water\nsupply, wells, purification or filtration plants or other treatment\nplants and works, connections, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, towers, conveyances,\nreal or personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntransmission, treatment or distribution of water.\n  25. "Water project" shall mean any water facility, including the\nplanning, development, financing or construction thereof.\n  26. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n
N.Y. PBA Law § 1188 — New York Code / Act PBA / Article 5 / Title 8 / Section 1188
Agreement of the state
Status: in_force

§ 1188. Agreement of the state. The state of New York does pledge to\nand agree with the holders of the bonds that the state will not limit or\nalter the rights hereby vested in the authority to establish and collect\nsuch rates, rentals and other charges as may be convenient or necessary\nto produce sufficient revenue to meet the expense of maintenance and\noperation and to fulfill the terms of any agreements made with the\nholders of the bonds, or in any way impair the rights and remedies of\nbondholders until the bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceedings by or on behalf of\nthe bondholders, are fully met and discharged. From and after the filing\nwith the common council of the city and with the secretary of state of\nthe state of New York of a certificate of completion of the project, as\nprovided in section fourteen hundred four of this chapter, and so long\nas the authority exists, the city shall not be authorized to construct,\noperate or maintain any sewerage system within or without the\nterritorial limits of the city, and no other corporation or agency shall\nbe authorized to construct, operate or maintain any sewerage system\nwithin the city, but all such power shall be vested in the authority.\n
N.Y. PBA Law § 1199-MMMM — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-MMMM
Agreement with the state
Status: in_force

* § 1199-mmmm. Agreement with the state. The state does hereby pledge\nto and agree with the holders of any bonds issued by the authority\npursuant to this title that the state will not alter or limit the rights\nhereby vested in the authority to purchase, construct, maintain,\noperate, repair, improve, increase, enlarge, extend, reconstruct,\nrenovate, rehabilitate or dispose of any water and sewer project, or any\npart or parts thereof, for which bonds of the authority shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreement made\nwith or for the benefit of the holders of the bonds or with any public\ncorporation or person with reference to such project or part thereof, or\nin any way impair the rights and remedies of the bondholders, until the\nbonds, together with the interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of such\nholders, are fully met and discharged. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with\nbondholders.\n  * NB There are 2 § 1199-mmmm's\n
N.Y. EDN Law § 6742-A — New York Code / Act EDN / Title 8 / Article 136 / Section 6742-A
Mandatory continuing education
Status: in_force

§ 6742-a. Mandatory continuing education. 1. (a) Each licensed\nphysical therapist and licensed physical therapist assistant required\nunder this article to register triennially with the department to\npractice in the state shall comply with the provisions of the mandatory\ncontinuing education requirements prescribed in subdivision two of this\nsection except as set forth in paragraphs (b) and (c) of this\nsubdivision. Licensed physical therapist and licensed physical therapist\nassistants who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand they have been issued a registration certificate, except that a\nlicensed physical therapist or licensed physical therapist assistant may\npractice without having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n  (b) Each licensed physical therapist and licensed physical therapist\nassistant shall be exempt from the mandatory continuing education\nrequirement for the triennial registration period during which they are\nfirst licensed. In accordance with the intent of this section,\nadjustment to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed physical therapist and licensed physical therapist\nassistant not engaged in practice, as determined by the department,\nshall be exempt from the mandatory continuing education requirement upon\nthe filing of a statement with the department declaring such status. Any\nlicensee who returns to the practice of physical therapy during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory education\nrequirements as shall be prescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as a licensed physical therapist or licensed physical\ntherapist assistant shall complete a minimum of thirty-six hours of\nacceptable formal continuing education, as specified in subdivision four\nof this section. Any licensed physical therapist or licensed physical\ntherapist assistant whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand ten, shall\ncomplete continuing education hours on a prorated basis at the rate of\none-half hour per month for the period beginning January first, two\nthousand ten up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require the fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n  4. As used in subdivision two of this section, "acceptable formal\neducation" shall mean formal courses of learning which contribute to\nprofessional practice in physical therapy and which meet the standards\nprescribed by regulations of the commissioner. Such formal courses of\nlearning shall include, but not be limited to, collegiate level credit\nand non-credit courses, professional development programs and technical\nsessions offered by national, state and local professional associations\nand other organizations acceptable to the department, and any other\norganized educational and technical programs acceptable to the\ndepartment. The department may, in its discretion and as needed to\ncontribute to the health and welfare of the public, require the\ncompletion of continuing education courses in specific subjects to\nfulfill this mandatory continuing education requirement. Courses must be\ntaken from a sponsor approved by the department, pursuant to the\nregulations of the commissioner.\n  5. Licensed physical therapist or licensed physical therapist\nassistant 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 title.\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-seven hundred thirty-four of\nthis article.\n
N.Y. EDN Law § 6702 — New York Code / Act EDN / Title 8 / Article 135 / Section 6702
Practice of veterinary medicine and use of title "veterinarian"
Status: in_force

§ 6702. Practice of veterinary medicine and use of title\n"veterinarian".  1. Only a person licensed or exempt under this article\nshall practice veterinary medicine or use the title "veterinarian".\n  2. A licensed veterinarian or a professional service corporation\norganized for the practice of veterinary medicine may employ veterinary\ntechnicians to assist them in the practice of their profession in such\ncapacities as are prescribed by law and as from time to time may be set\nby the commissioner or the state board of veterinary medicine. A\nveterinarian or professional service corporation may not employ\nveterinary technicians in a ratio exceeding three technicians per\nsupervising licensed veterinarian. Nothing in this section shall be\nconstrued as prohibiting a veterinarian from employing unlicensed lay\npersons for the performance of non-technical duties.\n
N.Y. PBA Law § 1199-OO*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-OO*2
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

* § 1199-oo. Exemption from taxes, assessments and certain fees;\npayments in lieu of taxes. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the state and is a public\npurpose, and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf;\nprovided, however, that any real property owned or acquired by the\nauthority outside of the district shall be exempt from real property\ntaxes, ad valorem levies or special assessments only pursuant to and to\nthe extent provided by an agreement with the governing body of the\nmunicipality in which such real property is located.\n  2. An authority may pay, or may enter into agreements with any\nmunicipality to pay, a sum or sums, annually or otherwise or to provide\nother considerations to such municipality with respect to real property\nowned by the authority located within such municipality and constituting\na part of a water or sewerage system.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and activities of the\nauthority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, franchise taxes, sales taxes or\nother excise taxes. Notwithstanding the foregoing provision of this\nsubdivision, any real property owned or acquired by the authority\noutside the district shall be subject to subdivision one of this\nsection. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be exempt from such\ntaxation as aforestated herein, and that all revenues, moneys, and other\nproperty pledged to secure the payment of such bonds shall at all times\nbe free from such taxes as aforestated herein.\n  * NB There are 2 § 1199-oo's\n
N.Y. EDN Law § 6531 — New York Code / Act EDN / Title 8 / Article 131-A / Section 6531
Additional definition of professional misconduct, limited application
Status: in_force

§ 6531. Additional definition of professional misconduct, limited\napplication.  Notwithstanding any inconsistent provision of this article\nor any other provisions of law to the contrary, the license or\nregistration of a person subject to the provisions of this article and\narticle one hundred thirty-one-B of this chapter may be revoked,\nsuspended, or annulled or such person may be subject to any other\npenalty provided in section two hundred thirty-a of the public health\nlaw in accordance with the provisions and procedures of this article for\nthe following:\n  That any person subject to the above-enumerated articles has directly\nor indirectly requested, received or participated in the division,\ntransference, assignment, rebate, splitting, or refunding of a fee for,\nor has directly requested, received or profited by means of a credit or\nother valuable consideration as a commission, discount or gratuity, in\nconnection with the furnishing of professional care or service,\nincluding x-ray examination and treatment, or for or in connection with\nthe sale, rental, supplying, or furnishing of clinical laboratory\nservices or supplies, x-ray laboratory services or supplies, inhalation\ntherapy service or equipment, ambulance service, hospital or medical\nsupplies, physiotherapy or other therapeutic service or equipment,\nartificial limbs, teeth or eyes, orthopedic or surgical appliances or\nsupplies, optical appliances, supplies, or equipment, devices for aid of\nhearing, drugs, medication, or medical supplies, or any other goods,\nservices, or supplies prescribed for medical diagnosis, care, or\ntreatment under this chapter, except payment, not to exceed thirty-three\nand one-third percent of any fee received for x-ray examination,\ndiagnosis, or treatment, to any hospital furnishing facilities for such\nexamination, diagnosis, or treatment. Nothing contained in this section\nshall prohibit such persons from practicing as partners, in groups or as\na professional corporation or as a university faculty practice\ncorporation, nor from pooling fees and moneys received, either by the\npartnerships, professional corporations, or university faculty practice\ncorporations or groups by the individual members thereof, for\nprofessional services furnished by an individual professional member, or\nemployee of such partnership, corporation, or group, nor shall the\nprofessionals constituting the partnerships, corporations or groups be\nprohibited from sharing, dividing, or apportioning the fees and moneys\nreceived by them or by the partnership, corporation, or group in\naccordance with a partnership or other agreement; provided that no such\npractice as partners, corporations, or groups, or pooling of fees or\nmoneys received or shared, division or apportionment of fees shall be\npermitted with respect to and treatment under the workers' compensation\nlaw. Nothing contained in this chapter shall prohibit a corporation\nlicensed pursuant to article forty-three of the insurance law pursuant\nto its contract with the subscribed from prorationing a medical or\ndental expenses indemnity allowance among two or more professionals in\nproportion to the services rendered by each such professional at the\nrequest of the subscriber, provided that prior to payment thereof such\nprofessionals shall submit both to the corporation licensed pursuant to\narticle forty-three of the insurance law and to the subscriber\nstatements itemizing the services rendered by each such professional and\nthe charges therefor.\n
N.Y. EDN Law § 6505-E — New York Code / Act EDN / Title 8 / Article 130* / Section 6505-E
Provision of information related to coursework and training in nutrition
Status: in_force

§ 6505-e. Provision of information related to coursework and training\nin nutrition. 1. The department, in consultation with the department of\nhealth, shall compile a list of continuing medical education courses and\ntraining opportunities regarding nutrition, which may include but not be\nlimited to plant-based nutrition, clinically proven methods for the\nprevention, reversal, and treatment of diet-related illnesses, and\ninformational resources regarding racial disparities in outcomes for\ndiet-related diseases, that are publicly available, and shall distribute\nsuch compilation to physicians who are licensed to practice medicine in\nthe state.\n  2. The compiled list shall be made publicly available on the\ndepartment's website and on the department of health's website, and\nshall be updated and redistributed no less frequently than every two\nyears via email.\n  3. In compiling such resources, the department shall consult with\norganizations representative of professions, and institutions of higher\neducation, and the department of health shall consult with those with\nexpertise in nutrition and the prevention, reversal, and treatment of\ndiet-related illnesses.\n
N.Y. PBA Law § 1822 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 4 / Section 1822
Loans to local development corporations
Status: in_force

§ 1822. Loans to local development corporations. a. No mortgage loan\nshall be made by the authority under the provisions of subtitle II with\nrespect to a project unless: (1) the local development corporation has\nobtained firm commitments satisfactory to the authority from responsible\nfinancial sources, which may but need not include a federal agency or\nthe project occupant, for the total project cost exclusive of any loan\nrequested from the authority, (2) the local development corporation has\nobtained a firm commitment satisfactory to the authority from the\nproject occupant or from a business enterprise described in section\neighteen hundred twenty-seven to lease or use the project after\nconstruction, acquisition, rehabilitation or improvement is completed,\n(3) the authority approves the terms of such lease or use and is\nsatisfied that the project occupant or a business enterprise described\nin section eighteen hundred twenty-seven may reasonably be expected to\ncomply with the terms thereof, (4) the principal amount of such loan is\nforty percent or less of the project cost, except as set forth in\nparagraphs (a) and (b) of subdivision two of section eighteen hundred\nthree and paragraph (a) of subdivision seven of section eighteen hundred\ntwenty-three of this chapter, (5) such loan is secured by a mortgage on\nthe project, and (6) such mortgage is not a junior encumbrance on the\nproject by more than fifty percent of the project cost.\n  b. No loan shall be made by the authority under the provisions of\nsubtitle III with respect to a project unless: (1) the local development\ncorporation has obtained firm commitments satisfactory to the authority\nfrom responsible financial sources, which may but need not include a\nfederal agency or the project occupant, for the total project cost\nexclusive of any loan requested from the authority, (2) the local\ndevelopment corporation has obtained a firm commitment satisfactory to\nthe authority from the project occupant to lease or use the project\nafter construction, acquisition, rehabilitation or improvement is\ncompleted, (3) the authority approves the terms of such lease or use and\nis satisfied that the project occupant may reasonably be expected to\ncomply with the terms thereof, (4) the amount of such loan is ninety per\ncent or less of the project cost and the term of such loan is twenty\nyears or less, (5) the authority finds that the facilities to be\nfinanced through the loan are intended to meet or exceed applicable\nstate or federal requirements to abate, prevent or control a pollution,\nand the commissioner of environmental conservation approves the\nconstruction plans for any such facilities.\n  c. No loan shall be guaranteed by the authority with respect to a\nproject unless: (1) the project occupant has obtained firm commitments\nsatisfactory to the authority from banking organizations for the\nfinancing of the project cost exclusive of the amount to be provided by\nthe project occupant, (2) the authority is satisfied that the project\noccupant may be reasonably expected to comply with the terms of any loan\nfor which a guarantee is sought, (3) the amount of the guarantee is\neighty percent or less of the project cost, (4) the loan is secured by a\nmortgage or security instrument which is not a junior encumbrance on the\nproject.\n
N.Y. EDN Law § 6824 — New York Code / Act EDN / Title 8 / Article 137 / Section 6824
Injunction proceedings
Status: in_force

§ 6824. Injunction proceedings. In addition to the remedies\nhereinafter provided, the secretary is hereby authorized to apply to the\ncourt of the proper venue for an injunction to restrain any person from\n(a) introducing or causing to be introduced into commerce any\nadulterated or misbranded drug, device or cosmetic; or (b) from\nintroducing or causing to be introduced in commerce any new drug which\ndoes not comply with the provisions of this article; or (c) from\ndisseminating or causing to be disseminated a false advertisement,\nwithout being compelled to allege or prove that an adequate remedy at\nlaw does not exist.\n
N.Y. PBA Law § 1198-T — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-T
Effect of inconsistent provisions
Status: in_force

§ 1198-t. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other law,\ngeneral, special or local or of any charter or any local ordinance or\nresolution of any municipality the provisions of this title shall be\ncontrolling, provided that nothing contained in this section shall be\nheld to supplement or otherwise expand the powers or duties of the\nauthority otherwise set forth in this title. Nothing contained in this\ntitle shall be held to alter or abridge the powers and duties of the\ndepartment of environmental conservation or the department of health.\n
N.Y. PBA Law § 1199-NN*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-NN*2
Agreement of the state
Status: in_force

* § 1199-nn. Agreement of 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 purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect rates, fees and other charges referred to in this title and\nto fulfill the terms of any agreement made with or for the benefit of\nthe holders of the bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way impair the\nrights and remedies of the bondholders, until the bonds, together with\nthe interest thereon, including 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 in any agreement with bondholders.\n  * NB There are 2 § 1199-nn's\n
N.Y. LAB Law § 621 — New York Code / Act LAB / Article 18 / Title 8 / Section 621
Appeals to appeal board
Status: in_force

§ 621. Appeals to appeal board. 1. Disputed claims for benefits.\nWithin twenty days after the mailing or personal delivery of notice of\nthe decision of a referee on contested benefit claims, the claimant and\nthe employer, provided he appeared at the hearing, may appeal to the\nappeal board by filing a notice of appeal in the local state employment\noffice in accordance with such rules as the appeal board shall\nprescribe. Within the same period of time and in the same manner, the\ncommissioner may also appeal to the appeal board, regardless of whether\nor not he appeared or was represented at the hearing before the referee.\n  2. Contested determinations, rules, or orders. Within twenty days\nafter the mailing or personal delivery of notice of the decision after a\nhearing on contested determinations, rules or orders by the\ncommissioner, the employer may take an appeal to the appeal board,\nprovided he appeared at the hearing, by filing a notice of appeal with\nthe commissioner, and the commissioner may likewise within such period\ntake an appeal to the board by giving written notice thereof to the\nemployer, regardless of whether or not the commissioner appeared or was\nrepresented at the hearing before the referee.\n  3. Conduct of appeals. The appeal board may decide any case appealed\nto it under any provision of this article on the basis of the record and\nof evidence previously submitted in such case, or it may in its\ndiscretion hear argument or hold a further hearing, or remand such case\nto a referee for such purposes as it may direct. If a further hearing is\nto be held or argument had, the board shall fix a time therefor and\nshall notify the commissioner, regardless of whether or not he had\nappeared or been represented at the hearing before the referee, and any\nother party affected, provided such other party appeared at the hearing\nbefore the referee. The board may affirm or reverse, wholly or in part,\nor may modify the decision appealed from and shall render its decision\npromptly and shall thereupon send written notice thereof together with\nthe reasons therefor to the commissioner and any other party affected\nthereby who appeared at the hearing before the referee.\n
N.Y. PBA Law § 1830-A — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1830-A
Conveyance of state land
Status: in_force

§ 1830-a. Conveyance of state land. Notwithstanding section\nthirty-three of the public lands law the commissioner of general\nservices shall have power, in his discretion, from time to time to grant\nand convey to the authority, upon such terms and conditions including\nconsideration as the commissioner of general services may fix and\ndetermine, unappropriated state lands, lands under water, abandoned\ncanal lands and salt springs lands which the authority shall certify to\nbe in conformity with its corporate purposes. Certification shall be\nevidenced by a formal request from the authority and shall be subject to\nthe approval of the director of the budget.\n
N.Y. EDN Law § 7208 — New York Code / Act EDN / Title 8 / Article 145 / Section 7208
Exempt persons for the professions of engineering and land surveying
Status: in_force

§ 7208. Exempt persons for the professions of engineering and land\nsurveying. This article shall not be construed to affect or prevent the\nfollowing, provided that no title, sign, card or device shall be used in\nsuch manner as to tend to convey the impression that the person\nrendering such service is a professional engineer or a land surveyor\nlicensed in this state or is practicing engineering or land surveying:\n  a. Offering to practice in this state as a professional engineer or\nland surveyor by any person not a resident of, and having no established\nplace of practice in this state, provided that such person is legally\nqualified for such practice in his own state or country;\n  b. Practice as a professional engineer or land surveyor in this state\nby any person not a resident, or having no established place of practice\nin this state, or any person resident in this state but who has arrived\nin this state within six months, provided, however, such a person shall\nhave filed an application for license as a professional engineer or land\nsurveyor, and is legally qualified for such practice in the state or\ncountry in which he resides or has his place of practice or in which he\nhad his previous residence or place of practice, such exemption\ncontinuing for only such reasonable time as the board requires to grant\nor deny the application for license, and a person intending to practice\nunder this subdivision shall so state on the application;\n  c. Practice of engineering or land surveying, by an employee of a\ncounty or town, in the construction, improvement or maintenance of a\ncounty road or town highway, or by an employee of a county, city, town\nor village, in the construction, improvement or maintenance of any\npublic work wherein the contemplated expenditure for the completed\nproject does not exceed five thousand dollars;\n  d. Operation or maintenance of steam, power, or refrigeration plants\nby legally authorized persons not licensed under this article or persons\nengaged or employed as an engine man, operator or driver of any engine\nor of any mechanical, electrical, chemical or other device or machine;\n  e. Making of surveys by professional engineers, except that the\ndetermination of real property boundaries may be done only by a licensed\nland surveyor;\n  f. Employment or supervision of interns or other persons qualified by\neducation or experience by professional engineers or land surveyors as\nassistants in the performance of engineering or land surveying, or as\nconsultants or employees in special fields related to but not uniquely\nengineering or land surveying, provided that the engineers or land\nsurveyors employing or supervising such persons shall not be relieved of\nany responsibility whatsoever by delegation to such persons, and\nprovided further that such persons who have attained the bachelor's\nlevel of studies in accordance with the requirements of section\nseventy-two hundred six of this title may be employed as junior or\nassistant engineers or junior or assistant land surveyors, or similar\ntitles, to act under the general direction of a professional engineer or\nland surveyor, or in work not covered by this article;\n  g. Employment of any person as a junior or assistant engineer or\njunior or assistant land surveyor in the civil service of the state or\nits political subdivisions in a position the title of which was approved\nand in use as of July first, nineteen hundred seventy-one, provided such\nperson acts under the general direction of a licensed professional\nengineer or land surveyor;\n  h. Execution by a contractor or by others of work designed by a\nprofessional engineer, or land surveyor, or the superintendence of such\nwork as a superintendent, foreman, or inspector;\n  i. The practice of architecture by an architect licensed in this\nstate, or the practice of landscape architecture by a landscape\narchitect licensed in this state, provided that no such architect or\nlandscape architect shall use the designation "engineer" or\n"engineering" unless licensed as a professional engineer in this state;\n  j. The practice of engineering or land surveying or having the title\n"engineer" or "surveyor" solely as an officer or an employee of a\ncorporation engaged in interstate commerce;\n  k. The practice of engineering by a manufacturing corporation or by\nemployees of such corporation, or use of the title "engineer" by such\nemployees, in connection with or incidental to goods produced by, or\nsold by, or nonengineering services rendered by, such corporation or its\nmanufacturing affiliates;\n  l. The practice of engineering or land surveying, or using the title\n"engineer" or "surveyor" (i) exclusively as an officer or employee of a\npublic service corporation by rendering to such corporation such\nservices in connection with its lines and property which are subject to\nsupervision with respect to the safety and security thereof by the\npublic service commission of this state, the interstate commerce\ncommission or other federal regulatory body and so long as such person\nis thus actually and exclusively employed and no longer, or (ii)\nexclusively as an officer or employee of the Long Island power authority\nor its service provider, as defined under section three-b of the public\nservice law, by rendering to such authority or provider such services in\nconnection with its lines and property which are located in such\nauthority's service area and so long as such person is thus actually and\nexclusively employed and no longer;\n  m. The making of land surveys by a professional engineer where such\nland surveys are essential to engineering projects, provided he was\nlicensed as a professional engineer in this state on or before the first\nday of January in the year in which this act shall become a law and\nfiles evidence satisfactory to the board on or before the first day of\nJuly in the year next succeeding the year in which this act shall have\nbecome law, that he is competent and experienced in such land surveys;\n  n. The design by a land surveyor of roads, drainage, water supply or\nsanitary sewerage facilities of a minor nature in connection with\nsubdivisions and the extension and inspection thereof, but not including\nsewage disposal or treatment plants, lift stations, pumping stations,\ncommercial buildings or bridges, provided the surveyor was licensed as a\nland surveyor in this state on or before the first day of January in the\nyear in which this act shall have become a law and files evidence\nsatisfactory to the board on or before the first day of July in the year\nnext succeeding the year in which this act shall have become a law,\nattesting that he is competent and experienced in the engineering\nrequired for design of such facilities appurtenant to subdivisions; or\n  o. Using the title "marine operating engineer", "stationary engineer",\n"port of customs surveyor", or "ship surveyor".\n  p. Contractors or builders from engaging in construction management\nand administration of construction contracts.\n
N.Y. PBA Law § 1199-PPP — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-PPP
Interest in contracts prohibited
Status: in_force

§ 1199-ppp. Interest in contracts prohibited. It shall be a\nmisdemeanor for any member or any officer, agent, servant or employee of\nthe authority to be in any way or manner interested, directly or\nindirectly, in the furnishing of work, materials, supplies or labor, or\nin any contract therefor which the authority is empowered by this title\nto make.\n
N.Y. EDN Law § 7103 — New York Code / Act EDN / Title 8 / Article 143 / Section 7103
State board for optometry
Status: in_force

§ 7103. State board for optometry.  A state board for optometry shall\nbe appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents and the\ndepartment on matters of professional licensing and professional conduct\nin accordance with section sixty-five hundred eight of this title.  The\nboard shall be composed of not less than seven optometrists who shall\nhave been residents of this state engaged in the practice of optometry\nfor at least five years in this state.  An executive secretary to the\nboard shall be appointed by the board of regents on recommendation of\nthe commissioner.\n
N.Y. EDN Law § 6704-A — New York Code / Act EDN / Title 8 / Article 135 / Section 6704-A
Mandatory continuing education for veterinarians
Status: in_force

§ 6704-a. Mandatory continuing education for veterinarians. 1. (a)\nEach veterinarian, licensed pursuant to this article, required to\nregister triennially with the department to practice in this state shall\ncomply with the provisions of the mandatory continuing education\nrequirements, except as set forth in paragraphs (b) and (c) of this\nsubdivision. Veterinarians who do not satisfy the mandatory continuing\neducation requirements shall not practice until they have met such\nrequirements and have been issued a registration or conditional\nregistration certificate.\n  (b) Veterinarians shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed. In accordance with the intent of this section,\nadjustments to the mandatory continuing education requirement may be\ngranted by the department for reasons of health, certified by a\nphysician, for extended active duty with the armed forces of the United\nStates, or for other good cause acceptable to the department which may\nprevent compliance. Veterinarians engaged on a full-time basis in the\nteaching of veterinary medicine at a veterinary education program\nregistered by the department or accredited or approved by an acceptable\naccrediting organization shall be exempt from the requirements of this\nsection.\n  (c) A licensed veterinarian not engaged in professional practice shall\nbe exempt from the mandatory continuing education requirement upon the\nfiling of a statement with the department declaring such status. Any\nlicensee who returns to the practice of veterinary medicine shall notify\nthe department prior to reentering the profession and shall meet such\nmandatory continuing education requirements as shall be prescribed by\nregulation of the commissioner.\n  2. (a) During each triennial registration period an applicant for\nregistration shall complete a minimum of forty-five hours of acceptable\nformal continuing education, a maximum of twenty-two and one-half hours\nof which may be self-instructional coursework acceptable to the\ndepartment.\n  (i) Self-instructional coursework may include free spaying and\nneutering and other veterinary services in conjunction with a\nmunicipality, duly incorporated not-for-profit society for the\nprevention of cruelty to animals, duly incorporated humane society, or\nduly incorporated animal protection association or persons who would\notherwise be eligible under paragraph (a) of subdivision three of\nsection one hundred seventeen-a of the agriculture and markets law,\nprovided that such services be administered at practices, facilities and\nproperties that are appropriately equipped and staffed to provide such\nservices.\n  (ii) The department may offset up to three hours of the requisite\nnumber of hours of continuing education required pursuant to this\nparagraph by the number of free spaying and neutering services rendered\nby an applicant, at a rate of one-half of one hour of continuing\neducation for each hour of free spaying and neutering services, provided\nthat a veterinarian shall be required to provide follow-up service for\nany post-operative complications related to the surgery that arise\nwithin twenty-four hours of performing the surgery, and shall also be\nrequired to complete the core requirements established by the\ndepartment.\n  (b) Any veterinarian whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand twelve,\nshall complete continuing education hours on a prorated basis at the\nrate of one and one-quarter hours per month for the period beginning\nJanuary first, two thousand twelve 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 in\nsubdivision three of this section, or until he or she has otherwise met\nthe requirements of this section. The individual licensee shall\ndetermine the selection of courses or programs of study pursuant to\nsubdivision four of this section.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and take any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department. Any licensee who is notified of\nthe denial of registration for failure to submit evidence, satisfactory\nto the department, of completion of required continuing education and\nwho practices veterinary medicine without such registration, may be\nsubject to disciplinary proceedings pursuant to section sixty-five\nhundred ten of this title.\n  4. As used in this section, "acceptable formal continuing education"\nshall mean formal programs of learning which contribute to professional\npractice of veterinary medicine which are offered by sponsors of\nveterinary continuing education approved by the department, in\nconsultation with the state board for veterinary medicine, to fulfill\nthe mandatory continuing education requirement. Sponsors of veterinary\ncontinuing education shall include state or national professional\nassociations established to further the veterinary professions, and\nshall include any affiliates of such associations including local\nveterinary medical societies and generally recognized state, national\nand international veterinary conferences at which professional\ncontinuing education is a major component of such conferences, as well\nas universities and colleges offering programs leading to licensure in\nthe veterinary medical professions. Sponsors of veterinary medicine\ncontinuing education shall file an application with the department and\npay a fee of nine hundred dollars.\n  5. The mandatory continuing education fee shall be established by the\ndepartment, and shall be payable on or before the first day of each\ntriennial registration period, and shall be paid in addition to the\ntriennial registration fee required by section sixty-seven hundred four\nof this article.\n
N.Y. VAT Law § 1622 — New York Code / Act VAT / Title 8 / Article 37 / Section 1622
Speed limits on county roads and town highways
Status: in_force

§ 1622. Speed limits on county roads and town highways. The department\nof transportation upon the request of the county superintendent of\nhighways of a county and the town board of the town or towns affected\nwith respect to county roads and town highways in such town or towns\noutside of cities or villages, may by order, rule or regulation:\n  1. Establish maximum speed limits at which vehicles may proceed on or\nalong such highways higher or lower than the fifty-five miles per hour\nstatutory maximum speed limit. No such limit shall be established at\nless than twenty-five miles per hour, except that school speed limits\nmay be established at not less than fifteen miles per hour, for a\ndistance not to exceed one thousand three hundred twenty feet, on a\nhighway passing a school building, entrance or exit of a school abutting\non the highway.\n  2. Establish maximum speed limits at which vehicles may proceed on or\nalong all such highways lying within an area or areas as designated by a\ndescription of the boundaries of such area or areas submitted by the\ncounty superintendent of highways of a county and the town board of the\ntown or towns affected lower than fifty-five miles per hour statutory\nmaximum speed limit. No such limit shall be established at less than\nthirty miles per hour.\n
N.Y. EDN Law § 8851 — New York Code / Act EDN / Title 8 / Article 168 / Section 8851
Practice as pathologists' assistant and use of the title "pathologists' assistant"
Status: in_force

§ 8851. Practice as pathologists' assistant and use of the title\n"pathologists' assistant". Only persons licensed or otherwise authorized\nto practice as a pathologists' assistant under this article shall\npractice pathologist assisting or use the title "pathologists'\nassistant" or the term "pathologists' assistant" alone or in combination\nwith other terms and phrases in describing their services and activities\nor the designation "Path A".\n
N.Y. EDN Law § 7121 — New York Code / Act EDN / Title 8 / Article 144 / Section 7121
Definition of practice of ophthalmic dispensing
Status: in_force

§ 7121. Definition of practice of ophthalmic dispensing. The practice\nof the profession of ophthalmic dispensing is defined as adapting and\nfitting lenses, for the correction of deficiencies, deformities or\nanomalies of the human eyes, or adapting and fitting non-corrective\ncontact lenses, on written prescriptions from a licensed physician or\noptometrist. Replacements or duplicates of such lenses may be adapted\nand dispensed without prescription. Contact lenses may be fitted by an\nophthalmic dispenser only under the personal supervision of a licensed\nphysician or optometrist.\n
N.Y. PBA Law § 1175 — New York Code / Act PBA / Article 5 / Title 8 / Section 1175
Short title
Status: in_force

§ 1175. Short title. This title may be cited as the "Buffalo Sewer\nAuthority Act. "\n
N.Y. EDN Law § 7703 — New York Code / Act EDN / Title 8 / Article 154 / Section 7703
State board for social work
Status: in_force

§ 7703. State board for social work. A state board for social work\nshall be appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents and the\ndepartment on matters of professional licensing, practice, and conduct\nin accordance with section sixty-five hundred eight of this title. The\nboard shall be composed of not less than twelve members, of which five\nshall be licensed clinical social workers, five shall be licensed master\nsocial workers and two members of the public. Members of the first board\nneed not be licensed prior to their appointment to the board. The terms\nof the first appointed members shall be staggered so that four are\nappointed for three years, four are appointed for four years, and four\nare appointed for five years. An executive secretary to the board shall\nbe appointed by the board of regents on recommendation of the\ncommissioner and shall be licensed pursuant to this article.\n
N.Y. EDN Law § 8601 — New York Code / Act EDN / Title 8 / Article 165 / Section 8601
Definition of the practice of clinical laboratory technology and clinical laboratory technology practitioner
Status: in_force

§ 8601. Definition of the practice of clinical laboratory technology\nand clinical laboratory technology practitioner. 1. "Clinical laboratory\ntechnology" means the performance of microbiological, virological,\nserological, chemical, immunohematological, hematological, biophysical,\ncytogenetical, cytological or histological procedures and examinations\nand any other test or procedure conducted by a laboratory as defined by\ntitle five of article five of the public health law, on material derived\nfrom the human body which provides information for the diagnosis,\nprevention or treatment of a disease or assessment of a human medical\ncondition.\n  2. A "clinical laboratory practitioner" means clinical laboratory\ntechnologists, cytotechnologists, histotechnologists, clinical\nlaboratory technicians, and histotechnicians as such terms are defined\nin this subdivision, who practice clinical laboratory technology in a\nlicensed clinical laboratory. For the purposes of this article, a\nlicensed clinical laboratory does not include a laboratory operated by\nany licensed physician, dentist, podiatrist, midwife or certified nurse\npractitioner who performs laboratory tests or procedures, personally or\nthrough his or her employees, solely as an adjunct to the treatment of\nhis or her own patients.\n  (a) "Clinical laboratory technologist" means a clinical laboratory\npractitioner who, pursuant to established and approved protocols of the\ndepartment of health, performs clinical laboratory procedures and\nexaminations and any other tests or procedures conducted by a clinical\nlaboratory, including maintaining equipment and records, and performing\nquality assurance activities related to examination performance, and\nwhich require the exercise of independent judgment and responsibility,\nas determined by the department.\n  (b) "Cytotechnologist" means a clinical laboratory practitioner who,\npursuant to established and approved protocols of the department of\nhealth, performs cytological procedures and examinations and any other\nsuch tests including maintaining equipment and records and performing\nquality assurance activities related to examination performance, and\nwhich require the exercise of independent judgment and responsibility,\nas determined by the department.\n  (c) "Histotechnologist" means a clinical laboratory practitioner who\npursuant to established and approved protocols of the department of\nhealth performs slide based histological assays, tests, and procedures\nand any other such tests conducted by a clinical histology laboratory,\nincluding maintaining equipment and records and performing quality\nassurance activities relating to procedure performance on histological\ntesting of human tissues, and which requires the exercise of independent\njudgment and responsibility as determined by the department.\n  (d) "Clinical laboratory technician" means a clinical laboratory\npractitioner who performs clinical laboratory procedures and\nexaminations pursuant to established and approved protocols of the\ndepartment of health, which require limited exercise of independent\njudgment and which are performed under the supervision of a clinical\nlaboratory technologist, laboratory supervisor, or director of a\nclinical laboratory.\n  (e) "Histotechnician" means a clinical laboratory practitioner who\npursuant to established and approved protocols of the department of\nhealth performs slide based histological assays, tests, and procedures\nand any other such tests conducted by a clinical histology laboratory,\nincluding maintaining equipment and records and performing quality\nassurance activities relating to procedure performance on histological\ntesting of human tissues and which requires limited exercise of\nindependent judgment and is performed under the supervision of a\nlaboratory supervisor, designated by the director of a clinical\nlaboratory or under the supervision of the director of the clinical\nlaboratory.\n  (f) "Director of a clinical laboratory" means a director as that term\nis defined in section five hundred seventy-one of the public health law.\n  (g) "Laboratory supervisor" means an individual who, under the general\ndirection of the laboratory director, supervises technical personnel and\nreporting of findings, performs tests requiring special scientific\nskills, and, in the absence of the director, is responsible for the\nproper performance of all laboratory procedures.\n
N.Y. PBA Law § 1199-VV — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-VV
Governmental capacity of the authority and municipalities
Status: in_force

* § 1199-vv. Governmental capacity of the authority and\nmunicipalities.  The authority, the county and the other municipalities,\nin carrying out their respective powers and duties under this title,\nshall be deemed to be acting in a governmental capacity and in the\nperformance of an essential governmental function.\n  * NB There are 2 § 1199-vv's\n
N.Y. PBA Law § 1197-Q — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-Q
Authority; affirmative action
Status: in_force

§ 1197-q. Authority; affirmative action. 1. All contracts for design,\nconstruction, services or materials for water projects authorized by\nthis title shall require that such contracts and documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n  (a) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue programs of affirmative action to insure that minority group\npersons and women are afforded equal employment opportunity without\ndiscrimination. Such action shall be taken with reference, but not be\nlimited to recruitment, employment, job assignment, promotion,\nupgrading, demotion, transfer, layoff, termination, rates of pay or\nother forms of compensation, and selections for training or retraining,\nincluding apprenticeship and on-the-job training.\n  (b) At the request of the authority, the contractor shall request each\nemployment agency, labor union, or authorized representative of workers\nwith which he or she has a collective bargaining or other agreement or\nunderstanding, to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n  (c) The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor, in performance\nof the contract that all qualified applicants will be afforded equal\nemployment opportunity without discrimination because of race, creed,\ncolor, national origin, sex, age, disability or marital status.\n  (d) The contractor will include the provisions of paragraphs (a)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its working connection with a contract.\n  2. The authority shall establish procedures and guidelines to ensure\nthat contractors and subcontractors undertake programs of affirmative\naction as required by this section. Such procedures may require, after\nnotice in a bid solicitation, the submission of an affirmative action\nprogram prior to the award of any contract, or at any time thereafter,\nand may require the submission of compliance reports relating to the\noperation and implementation of any affirmative action program adopted\nhereunder. Such procedures and guidelines shall be consistent with the\nguidelines promulgated by the office of federal contract compliance\nprograms of the United States department of labor pursuant to\npresidential executive order eleven thousand two hundred forty-six, as\namended, and any state statutory or regulatory requirements. The\nauthority shall, in the promulgation of procedures and guidelines\npursuant to this section, cooperate with any federal, state or local\nagency established for the purpose of implementing affirmative action\ncompliance programs.\n  3. The authority shall seek meaningful participation in the\nperformance of contracts by minority business enterprises and shall\nestablish measures and procedures to identify those contracts and items\nof work for which minority business enterprises may best bid to actively\nand affirmatively promote and assist their participation so as to\nfacilitate the award of a fair share of contracts to such enterprises.\nFor purposes hereof, "minority business enterprise" shall mean any\nbusiness enterprise which is at least fifty-one per centum owned by, or\nin the case of a publicly owned business, at least fifty-one per centum\nof the stock of which is owned by citizens or permanent resident\nnoncitizens who are Black, Hispanic, Asian, American Indian or women,\nand such ownership interest is real, substantial and continuing. The\nprovisions of this subdivision shall not be construed to limit the\nability of any minority business enterprise to bid on any contract.\n  4. In the implementation of subdivisions two and three of this\nsection, the authority shall consider compliance by any contractor with\nthe requirements of any federal, state or local law concerning minority\nbusiness enterprises or equal employment opportunity, which may\neffectuate the requirements of this section. If the authority determines\nthat by virtue of the imposition of the requirements of any such law, in\nrespect to contracts affected by this section, that the provisions\nthereof duplicate or conflict with such law, the authority shall waive\nthe applicability of this section to the extent of such duplication or\nconflict.\n  5. In order to implement the requirements and objectives of this\nsection, the authority shall be responsible for monitoring the\ncontractors' compliance with the provisions hereof, for advising\ncontractors on the availability of competing qualified minority business\nenterprises to perform contracts proposed to be awarded and for making\nrecommendations to contractors to improve the access of minority\nbusiness enterprises to such contracts.\n
N.Y. PBA Law § 1199-WWWW — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-WWWW
Governmental capacity of the authority and municipalities
Status: in_force

* § 1199-wwww. Governmental capacity of the authority and\nmunicipalities. The authority, the county and the other municipalities,\nin carrying out their respective powers and duties under this title,\nshall be deemed to be acting in a governmental capacity and in the\nperformance of an essential governmental function.\n  * NB There are 2 § 1199-wwww's\n
N.Y. PBA Law § 1197-A — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-A
Title
Status: in_force

§ 1197-a. Title. This title may be cited as the "Water Authority of\nGreat Neck North Act".\n
N.Y. EDN Law § 6800 — New York Code / Act EDN / Title 8 / Article 137 / Section 6800
Introduction
Status: in_force

§ 6800. Introduction.  This article applies to the profession of\npharmacy.  The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. EDN Law § 6900 — New York Code / Act EDN / Title 8 / Article 139 / Section 6900
Introduction
Status: in_force

§ 6900. Introduction.  This article applies to the profession of\nnursing.  The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. PBA Law § 1199-P — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-P
Contracts
Status: in_force

§ 1199-p. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nauthority may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the authority, and the sufficiency\nof such security shall, in addition to the justification and\nacknowledgement, be approved by the authority. All bids or proposals\nshall be publicly opened by the governing body or its duly authorized\nagent. If the bidder whose bid or proposal has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the contract has been awarded to him on\nhis bid or proposal, or if he accepts but does not execute the contract\nand give proper security, the authority shall have the right to declare\nhis deposit forfeited. In case any work shall be abandoned by any\ncontractor, the authority may, if it determines that the public interest\nis thereby served, adopt on behalf of the authority any or all\nsubcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from, or any contract awarded to, any person\nor corporation who is in arrears to the authority or the county upon any\nobligation of the authority or of the county. Every contract involving\nan expenditure of more than five thousand dollars when made and entered\ninto as herein provided for shall be executed in duplicate, one copy of\nwhich shall be held by the authority and one copy of which shall be\ndelivered to the contractor. The authority may adopt, utilize, ratify\nand confirm any request for proposals, invitation for sealed bids,\nplans, specifications and notices heretofore or hereafter published by\nthe county with respect to any proposed project, and the authority may\nadopt, utilize, accept and confirm any bids or proposals submitted to\nthe county and heretofore or hereafter received and publicly opened by\nthe county. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, any other general,\nspecial or local law, or the charter of the county.\n
N.Y. RSS Law § 75-C — New York Code / Act RSS / Article 2 / Title 8 / Section 75-C
Non-contributory retirement plan benefits
Status: in_force

§ 75-c. Non-contributory retirement plan benefits.  a. In addition to\nany retirement allowance to which a member may be entitled for services\nrendered at any time other than expressly provided for herein, any\nmember covered by the provisions of section seventy-five-a or\nseventy-five-b of this chapter shall upon retirement, receive a service\nretirement pension for the herein provided period of service, in\naccordance with the provisions of paragraphs one or two hereof, as the\ncase may be, which shall be in lieu of the service retirement pension\nand the pension for increased-take-home-pay provided for in the sections\nof this chapter hereinafter referred to.\n  1. (a) A member who had been contributing for service retirement\nbenefits on the basis of any of the plans contained in sections\nseventy-one, seventy-one-a, seventy-two or seventy-five of this chapter,\nshall receive at retirement, for service rendered on and after April\nfirst, nineteen hundred sixty, a pension computed on the basis of\none-sixtieth of his final average salary for each year of such service;\nprovided, however, persons who last became members on or after July\nfirst, nineteen hundred seventy-three shall receive such pension only\nfor service rendered on and after April first, nineteen hundred sixty,\nand prior to July first, nineteen hundred seventy-four.\n  (b) A member who had been contributing for service retirement benefits\non the basis of any of the plans contained in subparagraph a hereof,\nshall receive at retirement, for service rendered before April first,\nnineteen hundred sixty, a pension computed on the basis of one-one\nhundred twentieth of his final average salary for each year of credited\nmember service plus one-sixtieth of his final average salary for each\nsuch year of credited prior service or service in war after world war I.\nNotwithstanding anything to the contrary contained in section\nseventy-five of this chapter, a member who had been contributing as\naforesaid shall be eligible for superannuation retirement upon\nattainment of age fifty-five.\n  2. A member who had been contributing for service retirement benefits\non the basis of the plan contained in section eighty of this chapter\nshall receive at retirement, for service rendered on or after April\nfirst, nineteen hundred sixty, a pension of one-fortieth of his final\naverage salary for each year of such credited service, provided,\nhowever, that the sum total of the retirement allowance payable shall\nnot exceed one-half of the member's final average salary.\n  3. A member who had been contributing under section eighty-nine shall\nreceive at retirement, for service rendered on and after April first,\nnineteen hundred sixty, a pension of one-fiftieth of his final average\nsalary for each year of such credited service, with the total allowance\nhereunder determined as defined and limited in the section referred to\nin this paragraph three and with the additional proviso that any\ncontributions made by the member during the period referred to in this\nparagraph three are to be used at retirement to provide an additional\nannuity over and above the retirement allowance otherwise provided,\nexcept that persons who last became members on or after July first,\nnineteen hundred seventy-three, shall receive such pension only for\nservice rendered on and after April first, nineteen hundred sixty, and\nprior to July first, nineteen hundred seventy-four.\n  4. A member who had been contributing under section eighty-nine-a\nshall receive at retirement, for service rendered on and after April\nfirst, nineteen hundred sixty, a pension of one-fiftieth of his final\naverage salary for each year of such credited service, with the total\nallowance hereunder determined as defined and limited in the section\nreferred to in this paragraph four and with the additional proviso that\nany contributions made by the member during the period referred to in\nthis paragraph four are to be used at retirement to provide an\nadditional annuity over and above the retirement allowance otherwise\nprovided; except that persons who last became members on or after July\nfirst, nineteen hundred seventy-three shall receive such pension only\nfor service rendered on and after April first, nineteen hundred sixty\nand prior to July first, nineteen hundred seventy-four.\n  5. In addition to the pension hereinabove provided, a member shall\nreceive an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement.\n  6. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this chapter be entitled\nto a greater benefit, in which event, the greater benefit shall be\npayable.\n  7. An act of the legislature of the year nineteen hundred sixty-eight\nwhich in form, adds or purports to add a new section or subdivision or\npurports to amend or repeal any section, subdivision or provision of\nthis chapter as in force and effect immediately prior to January first,\nnineteen hundred sixty-eight, shall be deemed and construed as having\nbeen added to this act and shall be given full effect according to its\ncontext as if the same had been added expressly and in terms of this\nact, and shall be deemed and construed to have been inserted in this act\nin the appropriate position in regard to and as modifying the effect of\nthe corresponding provision or provisions of this act to the end that\nthere will be no diminution or impairment of any of the benefits enacted\nby such session of the legislature.\n
N.Y. PBA Law § 1180-A — New York Code / Act PBA / Article 5 / Title 8 / Section 1180-A
Shutting off water supply for unpaid sewer rents
Status: in_force

§ 1180-a. Shutting off water supply for unpaid sewer rents. Upon\ncertification by the authority to the director of water of the city of\nBuffalo that sewer rents, based upon the consumption of water charged\nagainst real property which is connected with the facilities of the\nauthority, remain unpaid for a period of more than one year from the due\ndate thereof and that notice and demand has been given by the authority\nto the owner or occupant of said premises, by registered or certified\nmail, addressed to said premises and to the address of the owner as\nshown on the records of the board of assessors of the city of Buffalo,\nto pay the same within ten days from the date of the mailing of said\nnotice and that such rents still remain unpaid, the director of water\nshall shut off the supply of water to said premises until the sewer\nrents are paid, together with a charge of five dollars for restoring\nwater service to said premises.\n
N.Y. PBA Law § 1199-PP — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-PP
Interest in contracts prohibited
Status: in_force

* § 1199-pp. Interest in contracts prohibited. It shall be a\nmisdemeanor for any member or any officer, agent, servant or employee of\nan authority to be in any way or manner interested, directly or\nindirectly, in the furnishing of work, materials, supplies or labor, or\nin any contract therefor which the authority is empowered by this title\nto make.\n  * NB There are 2 § 1199-pp's\n
N.Y. PBA Law § 1199-TT — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-TT
Environmental applications, proceedings, approvals and permits
Status: in_force

* § 1199-tt. 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-tt's\n
N.Y. PBH Law § 1350 — New York Code / Act PBH / Article 13 / Title 8 / Section 1350
Food places; powers of the commissioner
Status: in_force

§ 1350. Food places; powers of the commissioner.  1. The commissioner\nshall have full power and authority to inspect and supervise all public\nplaces in this state in which food is prepared, sold or served.\n  2. The commissioner may appoint and designate, from time to time,\npersons to make the inspections authorized by this section and section\nthirteen hundred fifty-one, of this chapter.\n
N.Y. PBA Law § 1193-A — New York Code / Act PBA / Article 5 / Title 8 / Section 1193-A
Actions against the authority
Status: in_force

§ 1193-a. Actions against the authority. 1. In every action or special\nproceeding against the authority founded upon tort for damages to real\nor personal property, or for the destruction thereof, or for personal\ninjuries or death, a notice of claim shall be required to be served upon\na member of the authority, its general manager or secretary as a\ncondition precedent to the commencement of an action or special\nproceeding against the authority or any officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice.\n  2. Wherever a notice of claim is filed against the authority\nexamination of said claimant may be had by the authority in accordance\nwith the provisions of section fifty-h of the general municipal law.\n  3. The authority shall be liable for, and shall assume the liability\nto the extent that it shall save harmless any duly appointed officer or\nemployee of the authority for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation under the jurisdiction and control of the authority, upon\nthe public streets, highways or railroads within the city, in the\ndischarge of a duty imposed upon such officer or employee at the time of\nthe accident, injury or damages complained of, while acting in the\nperformance of his duties and within the scope of his employment.\n  4. Except in an action for wrongful death, no action or special\nproceeding against the authority founded on tort shall be commenced\nlater than one year and ninety days after the happening of the event or\nevents upon which the claim is based; nor unless it shall appear by and\nas an allegation in the complaint that at least thirty days have elapsed\nsince the service of such notice of claim as required by subdivision one\nof this section and that the authority has neglected or refused to make\nan adjustment or payment of the claim for thirty days after the service\nof such notice. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  5. The rate of interest to be paid by the authority, or by its\nofficers or employees whose liability has been assumed by the authority\npursuant to subdivision three of this section, upon any judgment or\naccrued claim against the authority or such officer or employee, shall\nbe the rate of interest provided for in section three-a of the general\nmunicipal law.\n  6. The venue of any action or proceeding against the authority of\nwhatever nature shall be laid in the county of Erie.\n
N.Y. PBH Law § 2182 — New York Code / Act PBH / Article 21 / Title 8 / Section 2182
Regulations
Status: in_force

§ 2182. Regulations. The commissioner shall make regulations as\nreasonably necessary to implement this title.\n
N.Y. EDN Law § 7122 — New York Code / Act EDN / Title 8 / Article 144 / Section 7122
Practice of ophthalmic dispensing and use of title "ophthalmic dispenser" or "optician"
Status: in_force

§ 7122. Practice of ophthalmic dispensing and use of title "ophthalmic\ndispenser" or "optician". Only a person licensed or exempt under this\narticle or a corporation, partnership or persons doing business under an\nassumed name and either composed of licensed ophthalmic dispensers or\nemploying licensed ophthalmic dispensers shall practice ophthalmic\ndispensing or use the title "ophthalmic dispenser", "optician", "optical\ntechnician", "dispensing optician", or "optical dispenser".\n
N.Y. BNK Law § 8003 — New York Code / Act BNK / Article 15 / Title 8 / Section 8003
Authorization of amendment or change
Status: in_force

§ 8003. Authorization of amendment or change. 1. Amendment of the\norganization certificate may be authorized by vote of the holders of a\nmajority of all outstanding shares entitled to vote thereon at a meeting\nof stockholders.\n  2. This section shall not alter the vote required by section six\nthousand sixteen or seven thousand nine for the adoption of an amendment\nreferred to therein, nor alter the authority of the board to authorize\namendments under section five thousand two, subdivision six of section\nfive thousand fourteen, or section five thousand sixteen.\n
N.Y. BNK Law § 8002 — New York Code / Act BNK / Article 15 / Title 8 / Section 8002
Reduction of capital stock by amendment
Status: in_force

§ 8002. Reduction of capital stock by amendment. A corporation may\nreduce its capital stock by an amendment of its organization certificate\nunder section eight thousand one which:\n  1. Reduces the par value of any issued shares.\n  2. Changes issued shares under subdivision two (i) of section eight\nthousand one and results in a reduction of capital stock.\n  3. Eliminates from authorized shares, shares that have been issued and\nreacquired by the corporation.\n
N.Y. PBA Law § 1199-JJJ — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-JJJ
State and municipalities not liable on authority bonds
Status: in_force

§ 1199-jjj. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n
N.Y. EDN Law § 6901 — New York Code / Act EDN / Title 8 / Article 139 / Section 6901
Definitions
Status: in_force

§ 6901. Definitions.  As used in section sixty-nine hundred two:\n  1. "Diagnosing" in the context of nursing practice means that\nidentification of and discrimination between physical and psychosocial\nsigns and symptoms essential to effective execution and management of\nthe nursing regimen.  Such diagnostic privilege is distinct from a\nmedical diagnosis.\n  2. "Treating" means selection and performance of those therapeutic\nmeasures essential to the effective execution and management of the\nnursing regimen, and execution of any prescribed medical regimen.\n  3. "Human Responses" means those signs, symptoms and processes which\ndenote the individual's interaction with an actual or potential health\nproblem.\n
N.Y. EDN Law § 6818-A — New York Code / Act EDN / Title 8 / Article 137 / Section 6818-A
Cosmetic samples
Status: in_force

§ 6818-a. Cosmetic samples.  1. No person engaged in the business of\nselling cosmetics shall provide for the use by or application to\ncustomers of any cosmetics, except for use or application to the hand or\narm as a sample if such immediate container of cosmetics is to be used\nby or applied to more than one customer. For the purposes of this\nsection, the term "cosmetic" shall not include perfume or cologne; or\nsamples removed from the immediate container with a single use\ndisposable applicator furnished to each customer; or samples dispensed\nfrom a tube, pump, spray or shaker container; or samples or applicators\nthat have been cleansed before each use or application. The provisions\nof this section shall be deemed to have been satisfied if written\ninstructions on the use or application of cosmetic samples pursuant to\nthis section are clearly and visibly posted at or near the place of\ndisplay of cosmetic samples. Nothing contained in this section shall\nprohibit the use or application of cosmetic samples by persons trained\nto apply cosmetics to customers in accordance with the provisions of\nthis section.\n  2. Notwithstanding any other provision of this article, a violation of\nthis section shall result in a civil penalty of one hundred dollars for\nthe first offense and a civil penalty of two hundred fifty dollars for a\nsecond or subsequent offense.\n
N.Y. EDN Law § 8854 — New York Code / Act EDN / Title 8 / Article 168 / Section 8854
State committee for pathologists' assistants
Status: in_force

§ 8854. State committee for pathologists' assistants. 1. A state\ncommittee for pathologists' assistants shall be appointed by the board\nof regents upon the recommendation of the commissioner as a committee of\nthe board of medicine to advise solely on matters relating to\npathologists' assistants and shall assist on matters of licensure and\nprofessional conduct. The pathologists' assistant members of the initial\ncommittee need not be licensed prior to their appointment but shall have\nmet all other requirements of licensing pursuant to section eighty-eight\nhundred fifty-three of this article except the filing of an application\nand paying a fee.\n  2. The committee shall consist of no fewer than five individuals, to\nbe composed of a minimum of the following:\n  (a) one licensed physician who practices pathology;\n  (b) three licensed pathologists' assistants; and\n  (c) one public representative.\n
N.Y. EDN Law § 8352 — New York Code / Act EDN / Title 8 / Article 162 / Section 8352
Definition of athletic training
Status: in_force

§ 8352. Definition of athletic training. The practice of the\nprofession of athletic training is defined as:\n  1. The prevention, recognition, examination, evaluation, assessment,\nmanagement, treatment and rehabilitation of athletic injuries;\n  2. The recognition of illness and referral to the appropriate medical\nprofessional with implementation of treatment pursuant to physician's\norders;\n  3. Instruction to coaches, athletes, parents, medical personnel, and\ncommunities in the area of care and prevention of athletic injuries; and\n  4. The use of clinically appropriate therapeutic modalities and\ntechniques, including the use of:\n  (a) Physical, chemical, and mechanical means including the use of\nheat, cold, light, air, water, sound, electricity, massage, mobilization\nas it relates to athletic training, including non-thrust mobilization,\nand exercise; and\n  (b) Appropriate preventative and supportive devices and temporary\nsplinting or bracing.\n
N.Y. EDN Law § 6829 — New York Code / Act EDN / Title 8 / Article 137 / Section 6829
Interpretation and translation requirements for prescription drugs and standardized medication labeling
Status: in_force

§ 6829. Interpretation and translation requirements for prescription\ndrugs and standardized medication labeling. 1. For the purposes of this\nsection, the following terms shall have the following meanings: (a)\n"Covered pharmacy" means any pharmacy that is part of a group of eight\nor more pharmacies, located within New York state and owned by the same\ncorporate entity. For purposes of this section, "corporate entity" shall\ninclude related subsidiaries, affiliates, successors, or assignees doing\nbusiness as or operating under a common name or trading symbol.\n  (b) "Limited English proficient individual" or "LEP individual" means\nan individual who identifies as being, or is evidently, unable to speak,\nread or write English at a level that permits such individual to\nunderstand health-related and pharmaceutical information communicated in\nEnglish.\n  (c) "Translation" shall mean the conversion of a written text from one\nlanguage into an equivalent written text in another language by an\nindividual competent to do so and utilizing all necessary pharmaceutical\nand health-related terminology. Such translation may occur, where\nappropriate, in a separate document provided to an LEP individual that\naccompanies his or her medication.\n  (d) "Competent oral interpretation" means oral communication in which\na person acting as an interpreter comprehends a message and re-expresses\nthat message accurately in another language, utilizing all necessary\npharmaceutical and health-related terminology, so as to enable an LEP\nindividual to receive all necessary information in the LEP individual's\npreferred pharmacy primary language.\n  (e) "Pharmacy primary languages" shall mean those languages spoken by\none percent or more of the population, as determined by the U.S. Census,\nfor each region, as established by regulations promulgated pursuant to\nthis section, provided, however, that the regulations shall not require\ntranslation or competent oral interpretation of more than seven\nlanguages in any region.\n  (f) "Mail order pharmacy" shall mean a pharmacy that dispenses most of\nits prescriptions through the United States postal service or other\ndelivery system.\n  2. (a) Every covered pharmacy shall provide free, competent oral\ninterpretation services and translation services to each LEP individual\nrequesting such services or filling a prescription that indicates that\nthe individual is limited English proficient at such covered pharmacy in\nthe LEP individual's preferred pharmacy primary language for the\npurposes of counseling such individual about his or her prescription\nmedications or when soliciting information necessary to maintain a\npatient medication profile, unless the LEP individual is offered and\nrefuses such services.\n  (b) Every covered pharmacy shall provide free, competent oral\ninterpretation services and translation services of prescription\nmedication labels, warning labels and other written material to each LEP\nindividual filling a prescription at such covered pharmacy, unless the\nLEP individual is offered and refuses such services or the medication\nlabel, warning labels and other written materials have already been\ntranslated into the language spoken by the LEP individual.\n  (c) The services required by this section may be provided by a staff\nmember of the pharmacy or a third-party contractor. Such services must\nbe provided on an immediate basis but need not be provided in-person or\nface-to-face in order to meet the requirements of this section.\n  3. Every covered pharmacy shall conspicuously post, at or adjacent to\neach counter over which prescription drugs are sold, a notification of\nthe right to free, competent oral interpretation services and\ntranslation services for limited English proficient individuals as\nprovided for in subdivision two of this section. Such notifications\nshall be provided in the pharmacy primary languages. The size, style and\nplacement of such notice shall be determined in accordance with rules\npromulgated pursuant to this section.\n  4. The commissioner, in consultation with the commissioner of health,\nshall promulgate regulations requiring that mail order pharmacies\nconducting business in the state provide free, competent oral\ninterpretation services and translation services to persons filling a\nprescription through such mail order pharmacies whom are identified as\nLEP individuals. Such regulations shall take effect one year after the\neffective date of this section; provided, however, that they shall be\npromulgated pursuant to the requirements of the state administrative\nprocedure act, address the concerns of affected stakeholders, and\nreflect the findings of a thorough analysis of issues including:\n  (a) how persons shall be identified as an LEP individual, in light of\nthe manner by which prescriptions are currently received by such mail\norder pharmacies;\n  (b) which languages shall be considered;\n  (c) the manner and circumstances in which competent oral\ninterpretation services and translation services shall be provided;\n  (d) the information for which competent oral interpretation services\nand translation services shall be provided;\n  (e) anticipated utilization, available resources, and cost\nconsiderations; and\n  (f) standards for monitoring compliance with regulations and ensuring\nthe delivery of quality competent oral interpretation services and\ntranslation services.\n  The commissioner, in consultation with the commissioner of health,\nshall provide a report on implementation, utilization, unanticipated\nproblems, and corrective actions undertaken and planned to the temporary\npresident of the senate and the speaker of the assembly no later than\ntwo years after the effective date of this section.\n  5. Covered pharmacies shall not be liable for injuries resulting from\nthe actions of third-party contractors taken pursuant to and within the\nscope of the contract with the covered pharmacy as long as the covered\npharmacy entered into such contract reasonably and in good faith to\ncomply with this section, and was not negligent with regard to the\nalleged misconduct of the third-party contractor.\n  6. The regulations promulgated pursuant to this section shall\nestablish a process by which covered pharmacies may apply and receive a\nwaiver from compliance with subdivisions two and three of this section\nupon a showing that implementation would be unnecessarily burdensome\nwhen compared to the need for such services.\n  7. The commissioner shall promulgate regulations in consultation with\nthe commissioner of health to effectuate the requirements of this\nsection.\n
N.Y. EDN Law § 8405 — New York Code / Act EDN / Title 8 / Article 163 / Section 8405
Psychoanalysis
Status: in_force

§ 8405. Psychoanalysis. 1. Definition of the practice of\npsychoanalysis.  The practice of the profession of psychoanalysis is\ndefined as:\n  (a) the observation, description, evaluation, and interpretation of\ndynamic unconscious mental processes that contribute to the formation of\npersonality and behavior in order to identify and resolve unconscious\npsychic problems which affect interpersonal relationships and emotional\ndevelopment, to facilitate changes in personality and behavior through\nthe use of verbal and nonverbal cognitive and emotional communication,\nand to develop adaptive functioning; and\n  (b) the use of assessment instruments and mental health counseling and\npsychotherapy to identify, evaluate and treat dysfunctions and disorders\nfor purposes of providing appropriate psychoanalytic services.\n  2. Practice of psychoanalysis and use of the titles "psychoanalyst"\nand "licensed psychoanalyst". Only a person licensed or exempt under\nthis article shall practice psychoanalysis or use the title\n"psychoanalyst".  Only a person licensed under this article shall use\nthe title "licensed psychoanalyst" or any other designation tending to\nimply that the person is licensed to practice psychoanalysis.\n  3. Requirements for a professional license. To qualify for a license\nas a "licensed psychoanalyst", an applicant shall fulfill the following\nrequirements:\n  (a) Application: File an application with the department;\n  (b) Education: Have received a master's degree or higher from a\ndegree-granting program registered by the department or the substantial\nequivalent and have completed a program of study registered by the\ndepartment in a psychoanalytic institute chartered by the board of\nregents or the substantial equivalent as determined by the department.\nThe program of study in a psychoanalytic institute shall include\ncoursework substantially equivalent to coursework required for a\nmaster's degree in a health or mental health field of study. The\ncoursework shall include, but not be limited to, the following areas:\n  (i) personality development;\n  (ii) psychoanalytic theory of psychopathology;\n  (iii) psychoanalytic theory of psychodiagnosis;\n  (iv) sociocultural influence on growth and psychopathology;\n  (v) practice technique (including dreams and symbolic processes);\n  (vi) analysis of resistance, transference, and countertransference;\n  (vii) case seminars on clinical practice;\n  (viii) practice in psychopathology and psychodiagnosis;\n  (ix) professional ethics and psychoanalytic research methodology; and\n  (x) a minimum of three hundred hours of personal analysis and one\nhundred fifty hours of supervised analysis;\n  (c) Experience: Have completed a minimum of fifteen hundred hours of\nsupervised clinical practice satisfactory to the department and in\naccordance with the commissioner's regulations. Satisfactory experience\nobtained in an entity operating under a waiver issued by the department\npursuant to section sixty-five hundred three-a of this title may be\naccepted by the department, notwithstanding that such experience may\nhave been obtained prior to the effective date of such section\nsixty-five hundred three-a and/or prior to the entity having obtained a\nwaiver. The department may, for good cause shown, accept satisfactory\nexperience that was obtained in a setting that would have been eligible\nfor a waiver but which has not obtained a waiver from the department or\nexperience that was obtained in good faith by the applicant under the\nbelief that appropriate authorization had been obtained for the\nexperience, provided that such experience meets all other requirements\nfor acceptable experience;\n  (d) Examination: Pass an examination in psychoanalysis satisfactory to\nthe department and in accordance 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. EDN Law § 6525 — New York Code / Act EDN / Title 8 / Article 131 / Section 6525
Limited permits
Status: in_force

§ 6525. Limited permits.  Permits limited as to eligibility, practice\nand duration, shall be issued by the department to eligible applicants,\nas follows:\n  1. Eligibility: The following persons shall be eligible for a limited\npermit:\n  (1) A person who fulfills all requirements for a license as a\nphysician except those relating to the examination and citizenship or\npermanent residence in the United States;\n  (2) A foreign physician who holds a standard certificate from the\neducational council for foreign medical graduates or who has passed an\nexamination satisfactory to the state board for medicine and in\naccordance with the commissioner's regulations; or\n  (3) A foreign physician or a foreign intern who is in this country on\na non-immigration visa for the continuation of medical study, pursuant\nto the exchange student program of the United States department of\nstate.\n  2. Limit of practice. A permittee shall be authorized to practice\nmedicine only under the supervision of a licensed physician and only in\na public, voluntary, or proprietary hospital.\n  3. Duration. A limited permit shall be valid for two years.  It may be\nrenewed biennially at the discretion of the department.\n  4. Fees. The fee for each limited permit and for each renewal shall be\none hundred five dollars.\n
N.Y. EDN Law § 7105 — New York Code / Act EDN / Title 8 / Article 143 / Section 7105
Exempt persons
Status: in_force

§ 7105. Exempt persons. Nothing in this article shall be construed to\naffect or prevent:\n  a. A student actively enrolled in a school of optometry with\naccreditation acceptable to the department from engaging in clinical\npractice under the supervision of a licensed and currently registered\noptometrist or physician; or\n  b. A person licensed to practice optometry from using a degree\nconferred in course after resident study by an educational institution\nlawfully authorized by the state in which it is located to confer such a\ndegree.\n  c. An optometrist licensed in another state or country who is employed\non a full-time basis by a registered school of optometry as a faculty\nmember with the rank of assistant professor or higher from conducting\nresearch and clinical demonstrations as part of such employment, under\nthe supervision of a licensed optometrist and on the premises of the\nschool. No fee may be charged for the practice of optometry authorized\nby this subdivision.\n  d. 1. A person in training or appropriately trained and deemed\nqualified by the supervising licensed optometrist, to assist a licensed\noptometrist in the care of a patient for the purpose of instilling\nmydriatic or cycloplegic eye drops and anesthetic eye drops in\nconjunction with such dilating drops to the surface of the eye of a\npatient, provided that the person instilling such eye drops is:\n  (i) under the on-site supervision of a supervising licensed\noptometrist;\n  (ii) at least eighteen years of age; and\n  (iii) complies with standards issued by the department.\n  2. The supervising licensed optometrist shall submit a form prescribed\nby the department, detailing the identity of each person instilling\nmydriatic or cycloplegic eye drops and anesthetic eye drops in\nconjunction with such dilating drops to the surface of the eye of a\npatient, under his or her supervision, attesting to compliance with the\nabove requirements.\n  3. The supervising licensed optometrist's use of any such person\npursuant to the terms of this subdivision shall be undertaken with\nprofessional judgment in order to ensure the safety and well-being of\nthe patient. Such use shall subject the licensed optometrist to the full\ndisciplinary and regulatory authority of the board of regents and the\ndepartment pursuant to this title. The licensed optometrist must notify\nthe patient or the patient's designated health care surrogate that the\nlicensed optometrist may utilize the services of an individual to\nadminister certain eye drops and must provide the patient or the\npatient's designated health care surrogate the opportunity to refuse the\nlicensed optometrist's plan to utilize such person.\n
N.Y. EDN Law § 6510-C — New York Code / Act EDN / Title 8 / Article 130* / Section 6510-C
Nurse peer assistance programs
Status: in_force

§ 6510-c. Nurse peer assistance programs. 1. As used in this section:\n  a. "Drug-related problem" means a problem or problems that are related\nto the use, misuse or addiction to drugs or alcohol.\n  b. "Participant" means an individual licensed pursuant to article one\nhundred thirty-nine of this title who has or may have a drug-related\nproblem.\n  c. "Approved nurse peer assistance program" means a program operated\nby the New York State Nurses Association or a statewide professional\nassociation of nurses which has experience in providing peer assistance\nservices to nurses who have drug-related problems which are designed to\nhelp a participant or a licensee's employer and has been approved by the\ndepartment in accordance with criteria established in regulations of the\ncommissioner.\n  d. "Peer assistance services" includes assessing the needs of a\nparticipant, including early identification of drug-related problems,\nand providing information, support, and advice as requested by a\nparticipant.\n  2. a. The department shall provide funds, including but not limited to\na portion of the funds made available pursuant to the provisions of this\nsection, for services provided by an approved nurse peer assistance\nprogram. Funds used to provide services shall not be used for the\ntreatment of participants. Funded services shall include, but not be\nlimited to:\n  (1) providing peer assistance services for nurses with drug-related\nproblems;\n  (2) maintaining a toll-free telephone information line for anonymous\nnurses, their employers, and others to provide assistance in the\nidentification of services and information for nurses dealing with\ndrug-related problems;\n  3. training monitors for the professional assistance program;\n  4. arranging for mental health consultants to assess nurses for the\nprofessional assistance program, as needed; and\n  5. preparing written assessments of nurses who have been referred from\nthe professional assistance program.\n  b. An additional fee of fifteen dollars shall be paid at the time of\napplication for licensure and first registration and every registration\nby those licensed pursuant to article one hundred thirty-nine of this\ntitle for the purpose of implementing this program. The funds made\navailable under this provision shall be deposited in the office of\nprofessions special revenue account for its purposes in implementing\nthis section. The department may use a portion of this amount for its\nadministrative expenses incurred in implementing this program including,\nbut not limited to, employment of personnel, the costs of approving and\ncontracting with a peer assistance program as required by this section\nand outreach activities to promote this program.\n  3. No approved nurse peer assistance program or individual who serves\nin an approved nurse peer assistance program shall be liable in damages\nto any person for any action taken or not taken or recommendations made\nunless, based on the facts disclosed by a participant, the conduct of\nthe program or person with respect to the person asserting liability\nconstituted negligence, gross negligence, or intentional misconduct.\n  4. All information concerning a participant gathered by the approved\nnurse peer assistance program shall be strictly confidential and may not\nbe released to any person or body without the consent of the\nparticipant, except upon the order of a court in a pending action or\nproceeding. Aggregate data may be released to the committee on drug and\nalcohol abuse.\n
N.Y. PBA Law § 1197-R — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-R
Charges by authority; method of collection
Status: in_force

§ 1197-r. Charges by authority; method of collection. All rates, fees\nand other charges for the use or availability of the facilities or\nservices or commodities provided or made available by the authority and\nbilled directly by the authority to the user or service recipient\npursuant to the rate schedules adopted by the authority as herein\nprovided shall be a lien upon the real property upon which, or in\nconnection with which, services are provided or are made available, as\nand from the first date fixed for a payment of such rates, fees and\nother charges. Any such lien shall take precedence over all other liens,\nor encumbrances, except taxes or assessments. The chief financial\nofficer of the authority shall prepare and transmit to the Nassau county\nlegislature, on or before the first day of November in each year, a list\nof those properties using such facilities or for which such facilities,\nservices or commodities were provided or made available and from which\nthe payment of rates, fees and other charges are in arrears for a period\nof ninety days or more after the last day fixed for payment of such\nrates, fees and other charges without penalty. The list shall contain a\nbrief description of such properties, the names of the persons or\ncorporations liable to pay for the same, and the amount chargeable to\neach, including penalties and interest, as applicable, computed to\nDecember thirty-first of that year. The Nassau county legislature shall\nlevy such sums against the properties liable and shall state the amount\nthereof in a separate column in the annual tax rolls of the county under\nthe heading "water charge". Such amounts, excluding penalties and\ninterest imposed by the county when collected by the county collector or\nreceivers of taxes, shall be paid over to the chief financial officer of\nthe authority. County imposed penalties and interest shall be retained\nby the county collector or receiver of taxes which shall become a part\nof the general funds of the county. All of the provisions of the tax law\nof the state governing enforcement and collection of unpaid taxes or\nassessments for special improvements not inconsistent herewith shall\napply to the collection of such unpaid rates, rentals, fees and other\ncharges.\n
N.Y. PBA Law § 1199-JJ — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-JJ
State and municipalities not liable on authority bonds
Status: in_force

* § 1199-jj. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n  * NB There are 2 § 1199-jj's\n