N.Y. EDN Law § 6731 — New York Code / Act EDN / Title 8 / Article 136 / Section 6731
Definition of physical therapy
Status: in_force

§ 6731. Definition of physical therapy. Physical therapy is defined\nas:\n  a. The evaluation, treatment or prevention of disability, injury,\ndisease, or other condition of health using physical, chemical, and\nmechanical means including, but not limited to heat, cold, light, air,\nwater, sound, electricity, massage, mobilization, and therapeutic\nexercise with or without assistive devices, and the performance and\ninterpretation of tests and measurements to assess pathophysiological,\npathomechanical, and developmental deficits of human systems to\ndetermine treatment, and assist in diagnosis and prognosis.\n  b. The use of roentgen rays or radium, or the use of electricity for\nsurgical purposes such as cauterization shall not be included in the\npractice of physical therapy.\n  c. Such treatment shall be rendered pursuant to a referral which may\nbe directive as to treatment by a licensed physician, dentist,\npodiatrist, nurse practitioner or licensed midwife, each acting within\nhis or her lawful scope of practice, and in accordance with their\ndiagnosis, except as provided in subdivision d of this section.\n  d. Such treatment may be rendered by a licensed physical therapist for\nten visits or thirty days, whichever shall occur first, without a\nreferral from a physician, dentist, podiatrist, nurse practitioner or\nlicensed midwife provided that:\n  (1) The licensed physical therapist has practiced physical therapy on\na full time basis equivalent to not less than three years.\n  (2) Each physical therapist licensed pursuant to this article shall\nprovide written notice to each patient receiving treatment absent a\nreferral from a physician, dentist, podiatrist, nurse practitioner or\nlicensed midwife that physical therapy may not be covered by the\npatient's health care plan or insurer without such a referral and that\nsuch treatment may be a covered expense if rendered pursuant to a\nreferral. The physical therapist shall keep on file with the patient's\nrecords a form attesting to the patient's notice of such advice. Such\nform shall be in duplicate, with one copy to be retained by the patient,\nsigned and dated by both the physical therapist and the patient in such\nform as prescribed pursuant to regulations promulgated by the\ncommissioner.\n
N.Y. EDN Law § 6608 — New York Code / Act EDN / Title 8 / Article 133 / Section 6608
Definition of practice of registered dental assisting
Status: in_force

* § 6608. Definition of practice of registered dental assisting. The\npractice of registered dental assisting is defined as providing\nsupportive services to a dentist in such dentist's performance of dental\nservices authorized under this article. Such support shall include\nproviding patient education, taking preliminary medical histories and\nvital signs to be reviewed by the dentist, placing and removing rubber\ndams, selecting and prefitting provisional crowns, selecting and\nprefitting orthodontic bands, removing orthodontic arch wires and\nligature ties, placing and removing matrix bands, taking impressions for\nstudy casts or diagnostic casts, removing periodontal dressings, placing\nand removing temporary restorations, application of topical fluoride\nvarnish, and such other dental supportive services authorized by the\ndentist consistent with regulations promulgated by the commissioner,\nprovided that such functions are performed under the direct personal\nsupervision of a licensed dentist in the course of the performance of\ndental services. Such services shall not include diagnosing and/or\nperforming surgical procedures, irreversible procedures or procedures\nthat would alter the hard or soft tissue of the oral and maxillofacial\narea or any other procedures determined by the department. The practice\nof registered dental assisting may be conducted in the office of any\nlicensed dentist or in any appropriately equipped school or public\ninstitution but must be done under the direct personal supervision of a\nlicensed dentist. Direct personal supervision, for purposes of this\nsection, means supervision of dental procedures based on instructions\ngiven by a licensed dentist in the course of a procedure who remains in\nthe dental office where the supportive services are being performed,\npersonally diagnoses the condition to be treated, personally authorizes\nthe procedures, and before dismissal of the patient, who remains the\nresponsibility of the licensed dentist, evaluates the services performed\nby the registered dental assistant. Nothing herein authorizes a\nregistered dental assistant to perform any of the services or functions\ndefined as part of the practice of dental hygiene in accordance with the\nprovisions of subdivision one of section sixty-six hundred six of this\narticle, except those functions authorized pursuant to this section. All\ndental supportive services provided in this section may be performed by\ncurrently registered dental hygienists either under a dentist's\nsupervision, as defined in regulations of the commissioner, or, in the\ncase of a registered dental hygienist working for a hospital as defined\nin article twenty-eight of the public health law, pursuant to a\ncollaborative arrangement with a licensed dentist in accordance with\nsubdivision one of section sixty-six hundred six of this article. Such\ncollaborative arrangement shall not obviate or supersede any law or\nregulation which requires identified services to be performed under the\npersonal supervision of a dentist.\n  * NB Effective until June 19, 2027\n  * § 6608. Definition of practice of registered dental assisting. The\npractice of registered dental assisting is defined as providing\nsupportive services to a dentist in such dentist's performance of dental\nservices authorized under this article. Such support shall include\nproviding patient education, taking preliminary medical histories and\nvital signs to be reviewed by the dentist, placing and removing rubber\ndams, selecting and prefitting provisional crowns, selecting and\nprefitting orthodontic bands, removing orthodontic arch wires and\nligature ties, placing and removing matrix bands, taking impressions for\nstudy casts or diagnostic casts, removing periodontal dressings, placing\nand removing temporary restorations, application of topical fluoride\nvarnish, and such other dental supportive services authorized by the\ndentist consistent with regulations promulgated by the commissioner,\nprovided that such functions are performed under the direct personal\nsupervision of a licensed dentist in the course of the performance of\ndental services. Such services shall not include diagnosing and/or\nperforming surgical procedures, irreversible procedures or procedures\nthat would alter the hard or soft tissue of the oral and maxillofacial\narea or any other procedures determined by the department. The practice\nof registered dental assisting may be conducted in the office of any\nlicensed dentist or in any appropriately equipped school or public\ninstitution but must be done under the direct personal supervision of a\nlicensed dentist. Direct personal supervision, for purposes of this\nsection, means supervision of dental procedures based on instructions\ngiven by a licensed dentist in the course of a procedure who remains in\nthe dental office where the supportive services are being performed,\npersonally diagnoses the condition to be treated, personally authorizes\nthe procedures, and before dismissal of the patient, who remains the\nresponsibility of the licensed dentist, evaluates the services performed\nby the registered dental assistant. Nothing herein authorizes a\nregistered dental assistant to perform any of the services or functions\ndefined as part of the practice of dental hygiene in accordance with the\nprovisions of subdivision one of section sixty-six hundred six of this\narticle, except those functions authorized pursuant to this section. All\ndental supportive services provided in this section may be performed by\ncurrently registered dental hygienists either under a dentist's\nsupervision, as defined in regulations of the commissioner, or, in the\ncase of a registered dental hygienist performing services in a practice\nsetting authorized under subdivision four of section sixty-six hundred\nsix of this article, pursuant to a collaborative arrangement with a\nlicensed dentist in accordance with section sixty-six hundred six of\nthis article. Such collaborative arrangement shall not obviate or\nsupersede any law or regulation which requires identified services to be\nperformed under the personal supervision of a dentist.\n  * NB Effective June 19, 2027\n
N.Y. RSS Law § 361-A — New York Code / Act RSS / Article 8 / Title 8 / Section 361-A
Special accidental death benefit
Status: in_force

* § 361-a. Special accidental death benefit. a. Notwithstanding any\nother provision of law, a widow or widower or the deceased member's\nchildren under the age of eighteen or, if a student, under the age of\ntwenty-three, if the widow or widower has died who is or are receiving\nthe accidental death benefit provided by section three hundred sixty-one\nof this chapter, shall also be paid the special accidental death benefit\nauthorized by this section.\n  b. The special accidental death benefit shall be payable from the\npension accumulation fund, and shall consist of a pension which is equal\nto the salary of the deceased member reduced by the sum of each of the\nfollowing benefits received by the widow or widower or the deceased\nmember's children under the age of eighteen or, if a student, under the\nage of twenty-three, if the widow or widower has died, on account of the\ndeath of the deceased member:\n  1. The total accidental death benefit, without a reduction pursuant to\nsection three hundred sixty-four of this chapter, and\n  2. The social security benefit payable on July first, nineteen hundred\nseventy-eight for death occurring prior to July first, nineteen hundred\nseventy-eight; or the social security benefit payable immediately after\ndeath if such death occurs on or after July first, nineteen hundred\nseventy-eight. In the event the social security benefit is reduced to an\namount less than that noted in this paragraph, the amount of special\naccidental death benefit shall be increased by the amount of the social\nsecurity reduction.\n  In the case of a deceased member who died prior to January first,\nnineteen hundred seventy-eight the salary shall be increased by a\npercentage which shall be determined on the basis of the consumer price\nindex (all items--U.S. city average), published by the United States\nbureau of labor statistics. The percentage shall be determined as the\nratio of two indexes, the denominator of which is the average of the\ntwelve monthly consumer price indexes of the calendar year of the death\nof the member and the numerator of which is the average of the twelve\nmonthly consumer price indexes for the calendar year nineteen hundred\nseventy-seven. Said ratio, minus one, shall be expressed as a percentage\nand shall be adjusted to the nearest one-tenth of one per centum.\n  c. Commencing July first, two thousand twenty-six the special\naccidental death benefit paid to a widow or widower or the deceased\nmember's children under the age of eighteen or, if a student, under the\nage of twenty-three, if the widow or widower has died, shall be\nescalated by adding thereto an additional percentage of the salary of\nthe deceased member, as increased pursuant to subdivision b of this\nsection, in accordance with the following schedule:\n     calendar year of death\n     of the deceased member              per centum\n          1977 or prior                    325.6%\n          1978                             313.2%\n          1979                             301.2%\n          1980                             289.5%\n          1981                             278.2%\n          1982                             267.1%\n          1983                             256.5%\n          1984                             246.1%\n          1985                             236.0%\n          1986                             226.2%\n          1987                             216.7%\n          1988                             207.5%\n          1989                             198.5%\n          1990                             189.8%\n          1991                             181.4%\n          1992                             173.2%\n          1993                             165.2%\n          1994                             157.5%\n          1995                             150.0%\n          1996                             142.7%\n          1997                             135.7%\n          1998                             128.8%\n          1999                             122.1%\n          2000                             115.7%\n          2001                             109.4%\n          2002                             103.3%\n          2003                              97.4%\n          2004                              91.6%\n          2005                              86.0%\n          2006                              80.6%\n          2007                              75.4%\n          2008                              70.2%\n          2009                              65.3%\n          2010                              60.5%\n          2011                              55.8%\n          2012                              51.3%\n          2013                              46.9%\n          2014                              42.6%\n          2015                              38.4%\n          2016                              34.4%\n          2017                              30.5%\n          2018                              26.7%\n          2019                              23.0%\n          2020                              19.4%\n          2021                              15.9%\n          2022                              12.6%\n          2023                               9.3%\n          2024                               6.1%\n          2025                               3.0%\n          2026                               0.0%\n  d. For the purpose of this section, salary shall be the regular\ncompensation earned during the member's last twelve months of service in\nfull pay status as a member, or, if he or she had not completed twelve\nmonths of service prior to the date of death, the compensation he or she\nwould have earned had he or she worked for the twelve months prior to\nsuch date, provided that for the purpose of any payment on or after\nJanuary first, two thousand one the term salary shall in no case be less\nthan the full salary payable to a police officer in the highest\ngrade-step (in the case of a deceased police officer) or a firefighter\nin the highest grade-step (in the case of a deceased firefighter) while\nemployed by a department or uniformed force on the date of such\nemployee's death. Provided further that for the purpose of any payment\non or after January first, two thousand one, the term salary shall in no\ncase be less than the earnings that would have been payable to a police\nsuperior officer were he or she in the highest grade-step of a\nsupervisory position (in the case of a police superior officer deceased\non or after January first, two thousand one who had been appointed to\nand was serving in such a supervisory position) or payable to a fire\nofficer were he or she in the highest grade-step of a supervisory\nposition (in the case of a fire officer deceased on or after January\nfirst, two thousand one who had been appointed to and was serving in\nsuch a supervisory position) employed by a department or uniformed force\non the date of such employee's death.\n  e. The special accidental death benefit shall be paid to:\n  1. The member's widow or widower to continue during his or her\nlifetime.  If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die before all his or her children shall have\nattained age eighteen or, if a student, shall have attained the age of\ntwenty-three or sooner die, then to\n  2. His or her child or children under age eighteen or, if a student,\nunder the age of twenty-three, divided in such manner as the\ncomptroller, in his discretion, shall determine. Such pension shall\ncontinue in the same amount as received by the member's widow or widower\nas a joint and survivor pension until every such child shall have\nattained age eighteen or, if a student, attained the age of twenty-three\nor sooner die.\n  f. For purposes of this section, the term "student" means a person\nenrolled in an accredited institution of higher education for at least\ntwelve semester hours for a semester of not less than fifteen weeks,\ninclusive of examination periods; or eight semester hours a quarter; or,\nin programs not organized on a semester or quarter basis, twenty-four\nsemester hours for an academic year of not more than twelve months or\nthe equivalent, as determined by the commissioner of education. A\nstudent shall be considered full-time for a program organized on an\nacademic-year basis only if the student has filed a plan of study with\nthe institution for the entire academic year.\n  * NB There are 2 § 361-a's\n
N.Y. EDN Law § 6508 — New York Code / Act EDN / Title 8 / Article 130* / Section 6508
Assistance by state boards for the professions
Status: in_force

§ 6508. Assistance by state boards for the professions. 1. A board for\neach profession 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\nlicensing, practice, and conduct. The composition of each board shall be\nas prescribed in the article relating to each profession. Within each\nboard a committee on licensing may be appointed by the board chairman.\n  Except as provided in paragraph (a) of this subdivision, the\nmembership of each professional licensing board shall be increased by\none member, and each such board shall have at least one public\nrepresentative who shall be selected by the board of regents from the\ngeneral public.\n  a. The membership of the professional licensing boards created under\nsections sixty-five hundred twenty-three, sixty-eight hundred four,\nsixty-nine hundred three, and seventy-four hundred three of this chapter\nshall be increased by two members, and each such board shall have at\nleast two public representatives, who shall be selected by the board of\nregents from the general public.\n  b. For the purposes of this title, a "public representative" shall be\na person who is a consumer of services provided by those licensed or\notherwise supervised or regulated by the boards created hereunder, and\nshall not be, nor within five years immediately preceding appointment\nhave been:\n  (i) a licensee or person otherwise subject to the supervision or\nregulation of the board to which appointed; or\n  (ii) a person maintaining a contractual relationship with a licensee\nof such board, which would constitute more than two percentum of the\npractice or business of any such licensee, or an officer, director, or\nrepresentative of such person or group of persons.\n  2. Each board, or its committee on licensing, shall select or prepare\nexaminations, may conduct oral and practical examinations and\nreexaminations, shall fix passing grades, and assist the department in\nother licensing matters as prescribed by the board of regents.\n  3. Each board shall conduct disciplinary proceedings as prescribed in\nthis article and shall assist in other professional conduct matters as\nprescribed by the board of regents.\n  4. Members of each board shall be appointed by the board of regents\nfor five-year terms except that the terms of those first appointed shall\nbe arranged so that as nearly as possible an equal number shall\nterminate annually. A vacancy occurring during a term shall be filled by\nan appointment by the board of regents for the unexpired term. Each\nstate professional association or society may nominate one or more\ncandidates for each appointment to be made to the board for its\nprofession, but the board of regents shall not be required to appoint\ncandidates so nominated. Former members of a board may be re-appointed\nby the board of regents, on the recommendation of the commissioner, to\nserve as members of the board solely for the purposes of disciplinary\nproceedings, proceedings relating to the moral character of an applicant\nfor licensure, and proceedings relating to applications for the\nrestoration of a professional license. In addition, each board shall\nestablish a roster of auxiliary members from candidates nominated by\nprofessional associations or societies for appointment by the board of\nregents, on the recommendation of the commissioner, to serve as members\nof the board solely for the purposes of disciplinary proceedings,\nproceedings relating to the moral character of an applicant for\nlicensure, and proceedings relating to applications for the restoration\nof a professional license.\n  5. Each member of a board shall receive a certificate of appointment,\nshall before beginning his term of office file a constitutional oath of\noffice with the secretary of state, shall receive up to one hundred\ndollars as prescribed by the board of regents for each day devoted to\nboard work, and shall be reimbursed for his necessary expenses. Any\nmember may be removed from a board by the board of regents for\nmisconduct, incapacity or neglect of duty.\n  6. Each board shall elect from its members a chairman and\nvice-chairman annually, shall meet upon call of the chairman or the\ndepartment, and may adopt bylaws consistent with this title and approved\nby the board of regents. A quorum for the transaction of business by the\nboard shall be a majority of members but not less than five members.\n  7. An executive secretary to each board shall be appointed by the\nboard of regents on recommendation of the commissioner. Such executive\nsecretary shall not be a member of the board, shall hold office at the\npleasure of, and shall have the powers, duties and annual salary\nprescribed by the board of regents.\n
N.Y. PBH Law § 1352 — New York Code / Act PBH / Article 13 / Title 8 / Section 1352
Food places; sanitary requirements
Status: in_force

§ 1352. Food places; sanitary requirements. 1. A person or corporation\nengaged in the preparation and sale of food in any hotel, public\nrestaurant, public dining room, dining car, drug store, soda fountain,\nsteamboat or in any other place where food is prepared, sold or served\nfor and to the general public in this state, or an officer of any\npublic, penal or charitable institution in this state, shall not use in\nthe preparation or service of any food utensils, dishes, glasses or\nother containers which have not been previously cleansed and made\nsanitary. In such cleansing the use of water which has become unsanitary\nby previous use is prohibited.\n  2. It shall be unlawful to furnish or serve in any public eating or\ndrinking establishment, any straw, tube or similar device for drinking\nout of glasses, cups or containers of any type unless such straw, tube\nor similar device conforms to and is furnished or served in accordance\nwith the following requirements: When offered for use, it shall be\ncompletely enclosed in an impervious or a bactericidal wrapper to be\nopened by the ultimate user; if unwrapped it may be used if it is kept\nin an approved sanitary dispenser loaded from the original package\nwithout handling, which dispenses one such straw, tube or device at a\ntime directly to the user and which is so constructed that the interior\nmay be cleaned and kept in a sanitary condition; unused loose straws,\ntubes or devices already dispensed from the dispensing container shall\nnot be used again. No single-service paper containers, paper cups, paper\nspoons, paper forks or paper plates shall be used a second time.\n  3. The commissioner shall require in food service establishments, as\ndefined in the state sanitary code, for foods to be conveyed to the\nconsumer uncooked and for foods handled after being cooked but prior to\nbeing conveyed to the consumer, that such food not come into direct\nmanual contact with persons responsible for preparing or serving the\nfood. Sanitary gloves, sanitary utensils or other effective barriers\nshall be utilized to avoid manual contact in the preparation and\nconveyance of these foods to the consumer. In preparing regulations\npursuant to this subdivision, the commissioner may provide for an\nalternate standard that would permit minimal manual contact based upon\nfinding that such alternate standard would protect worker safety and not\ncompromise consumer health. In preparing regulations the commissioner\nshall consult with representatives of the food service industry,\nincluding workers in the industry.\n  4. To the extent that funds are available for the purposes set forth\nin this subdivision, the commissioner shall require that the following\nfood service establishments: restaurants, bars, membership\norganizations, fraternal organizations, and private clubs, excepting\nestablishments licensed pursuant to section sixty-four-a of the\nalcoholic beverage control law, that are not regulated by the department\nof agriculture and markets, at all times have in their employment at\nleast one individual who has been trained and certified by an\norganization, approved by the commissioner, which specializes in and\nprovides instruction concerning the safe and proper handling,\npreparation, cooking, storage, serving, delivery, removal and disposal\nof food. Attendance at any course established pursuant to this section\nshall be in person, through distance learning methods, or through an\nInternet based online program.  Such training shall meet the standards\nset forth by the commissioner pursuant to section thirteen hundred\nfifty-five of this title, either:  (a) pursuant to a program approved by\nthe commissioner under such section, or (b) pursuant to a course that\nshall address but not be limited to the following topics:\n  (i) Contamination, food allergies and foodborne illness.\n  (ii) Purchasing and receiving safe food.\n  (iii) Keeping food safe in storage.\n  (iv) Protecting food during preparation.\n  (v) Protecting food during service.\n  (vi) Sanitary facilities and equipment.\n  (vii) Cleaning and sanitizing.\n  (viii) Integrated pest management.\n  (ix) Food-safety regulations and standards.\n  (x) Employee food-safety training.\n  The commissioner shall allow a licensee a period of up to thirty days\nto come into compliance with this subdivision where an employee who has\nbeen certified as having completed the approved food safety training\nprogram separates from his or her place of employment.\n
N.Y. EDN Law § 6811-B — New York Code / Act EDN / Title 8 / Article 137 / Section 6811-B
Door-to-door distribution of drugs prohibited
Status: in_force

§ 6811-b. Door-to-door distribution of drugs prohibited.  It shall be\na violation, punishable by a fine not to exceed two hundred fifty\ndollars, for a manufacturer, distributor, or seller of drugs or an\nemployee or agent thereof to distribute a free sample of any drug, other\nthan a cosmetic not intended for ingestion, to any residential dwelling\nunless the sample is given directly to a person who is, or reasonably\nappears to be, over the age of eighteen. This section shall not be\nconstrued to permit distribution where otherwise prohibited by this\nchapter or any other law.\n
N.Y. VAT Law § 1662 — New York Code / Act VAT / Title 8 / Article 41 / Section 1662
Additional traffic regulations in towns in the county of Suffolk
Status: in_force

§ 1662. Additional traffic regulations in towns in the county of\nSuffolk. In addition to the other powers granted by this article, the\ntown board of any town in the county of Suffolk with respect to highways\noutside of villages in such town, subject to the limitations imposed by\nsection sixteen hundred eighty-four and subject to disapproval by the\ndepartment of transportation may by ordinance, order, rule or regulation\nlimit the parking time of vehicles in congested areas.\n
N.Y. PBA Law § 1199-BBB — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-BBB
Definitions
Status: in_force

§ 1199-bbb. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section one\nthousand one hundred ninety-nine-ddd of this title.\n  2. "Board" shall mean the members of the authority constituting and\nacting as the governing board of the authority.\n  3. "Board of supervisors" shall mean the board of supervisors of\nSaratoga county.\n  4. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  4-a. "Civil service commission" shall mean the personnel officer of\nthe county of Saratoga or any other person or entity acting as the civil\nservice commission of the county of Saratoga.\n  5. "Comptroller" shall mean the comptroller of the state of New York.\n  6. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water 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 preliminary or incidental thereto.\n  7. "Costs" as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges, interest prior to, during\nand after construction to the extent not paid or provided for from\nrevenues or other sources, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of lease guarantee or bond insurance and the cost of\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\namount authorized in the resolution of the authority providing for the\nissuance of bonds to be paid into any reserve or other special fund from\nthe proceeds of such bonds and the financing of the placing of any\nproject in operation, including the reimbursement to the county, or any\nmunicipality, state agency, the state, the United States government, or\nany other person for expenditures made by them that would be costs of\nthe project hereunder.\n  8. "County" shall mean the county of Saratoga.\n  9. "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 such water.\n  10. "District" shall mean the Saratoga county water authority district\ncreated by section one thousand one hundred ninety-nine-ccc of this\ntitle.\n  11. "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  12. "Members" shall mean the members of the board.\n  13. "Municipality" shall mean any county, city, town, village, or\ncounty or town acting on behalf of an improvement district, any other\ninstrumentality, including any agency, or public corporation of the\nstate, or any of the foregoing or any combination thereof.\n  14. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  15. "Real property" shall mean lands, structures, franchises, rights\nand interests in land, waters, lands underwater, groundwater, riparian\nrights and air rights and any and all things and rights included within\nsaid term "real property" and includes not only fee simple absolute, but\nalso any and all lesser interests including, but not limited to,\neasements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages or otherwise.\n  16. "Personnel officer" shall mean the personnel officer of the county\nof Saratoga.\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 the 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 by the authority together\nwith all federal, state or municipal aid as well as any other income\nderived from the operation of the water facility of the authority but in\nno event shall "system revenues" mean an ad valorem levy on real or\npersonal property within the authority or any part thereof.\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 or other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, distributing or treating water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, approaches, connections,\nwater meters, rights of flowage or diversion and other plants,\nstructures, equipment, vehicles, towers, conveyances, real or personal\nproperty or rights therein and appurtenances thereto necessary or useful\nand convenient for the accumulation, supply, transmission, treatment or\ndistribution of water.\n  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. EDN Law § 6548 — New York Code / Act EDN / Title 8 / Article 131-C / Section 6548
Registration
Status: in_force

§ 6548. Registration. 1. To qualify for registration as a specialist\nassistant, each person shall pay a fee of one hundred fifteen dollars to\nthe department for admission to a department conducted examination, a\nfee of forty-five dollars for each reexamination and a fee of seventy\ndollars for persons not requiring admission to a department conducted\nexamination and shall also submit satisfactory evidence, verified by\noath or affirmation, that he or she:\n  (a) at the time of application is at least twenty-one years of age;\n  (b) is of good moral character;\n  (c) has successfully completed a four-year course of study in a\nsecondary school approved by the board of regents or has passed an\nequivalency test; and\n  (d) has satisfactorily completed an approved program for the training\nof specialist assistants.\n  2. The department shall furnish to each person applying for\nregistration hereunder an application form calling for such information\nas the department deems necessary and shall issue to each applicant who\nsatisfies the requirements of subdivision one of this section a\ncertificate of registration as specialist assistant in a particular\nmedical specialty for the period expiring December thirty-first of the\nfirst odd-numbered year terminating subsequent to such registration.\n  3. Every registrant shall apply to the department for a certificate of\nregistration. The department shall mail to every registered specialist\nassistant an application form for registration, addressed to the\nregistrant's post office address on file with the department. Upon\nreceipt of such application properly executed, together with evidence of\nsatisfactory completion of such continuing education requirements as may\nbe established by the commissioner of health pursuant to section\nthirty-seven hundred eleven of the public health law, the department\nshall issue a certificate of registration. Registration periods shall be\ntriennial and the registration fee shall be forty-five dollars.\n
N.Y. PBA Law § 1837 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 7 / Section 1837
Legislative findings
Status: in_force

§ 1837. Legislative findings. The legislature hereby finds that one of\nthe major concerns of the existing economy is the limited access to\nfinancing assistance of businesses and services that support or\nfacilitate employment and economic development, but are not themselves\ndirectly involved in manufacturing or industrial production.\n  It is the purpose of this subtitle to encourage the development of\ncommunity development projects that promote and enhance economic\ndevelopment by providing loans and loan guarantees at a reasonable cost.\n
N.Y. PBA Law § 1828 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1828
Expenses and reserve funds
Status: in_force

§ 1828. Expenses and reserve funds. 1. There shall be included in the\nfinancial information to be submitted annually by the authority pursuant\nto the provisions of section eighteen hundred twenty-nine of the public\nauthorities law, and in the annual report referred to in said section,\nitems separately showing the respective totals during the last completed\nfiscal year of the authority, of (i) all expenses of the authority\nclearly attributable to its operations under subtitle II of this title,\n(ii) all expenses of the authority clearly attributable to its\noperations under subtitle III of this title, and (iii) expenses of the\nauthority not clearly attributable to a category set forth in clauses\n(i) and (ii) of this subdivision.\n  2. To assure the continued operation and solvency of the authority for\nthe fulfillment of its corporate purposes with pollution control funds,\nprovision is made in subdivision two of section eighteen hundred twenty\nof this title for the accumulation in the pollution control capital\nreserve fund of an amount equal to 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. In order\nfurther to secure such maintenance of the pollution control capital\nreserve fund, there shall be annually apportioned and paid to the\nauthority for deposit in the pollution control capital reserve fund such\nsum, if any, as shall be certified by the chairman of the authority to\nthe governor and director of the budget as necessary to restore the\npollution control capital reserve fund to an amount equal to the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year on the pollution control bonds of the authority\nthen outstanding. The chairman of the authority shall annually, on or\nbefore December first, make and deliver to the governor and director of\nthe budget his certificate stating the amount, if any, required to\nrestore the pollution control capital reserve fund to the amount\naforesaid and the amount so stated in said certificate, if any, shall be\napportioned and paid to the authority during the then current state\nfiscal year. No amount or amounts shall be apportioned and paid to the\nauthority pursuant to this subdivision two until the authority has\nentered into a written agreement with the director of the budget\nproviding for the repayment thereof to the state. Any such agreement\nshall provide, in lieu of any other provisions required by law regarding\nsuch repayment, that the authority will repay the state in full from\npollution control funds the amount or amounts so apportioned and paid on\nthe date one year after all pollution control bonds and notes of the\nauthority outstanding at the date of such agreement or thereafter\nissued, together with the interest thereon, with interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the holders thereof, are\nfully met and discharged. The principal amount of bonds secured by the\npollution control capital reserve fund to which state funds are\napportionable pursuant to this subdivision shall be limited to the total\namount of bonds and notes outstanding on the effective date of this act,\nplus the total amount of bonds and notes contracted after the effective\ndate of this act to finance projects in progress on the effective date\nof this act, as determined by the New York state public authorities\ncontrol board created pursuant to section fifty of this chapter whose\naffirmative determination shall be conclusive as to all matters of law\nand fact solely for the purposes of the limitations contained in this\nsubdivision, but in no event shall the total amount of bonds so secured\nby such a capital reserve fund or funds exceed five million dollars,\nexcluding bonds issued to refund such outstanding bonds until the date\nof redemption of such outstanding bonds. As outstanding bonds so secured\nare paid, the amount so secured shall be reduced accordingly but the\nredemption of such outstanding bonds from the proceeds of refunding\nbonds shall not reduce the amount so secured.\n  3. The authority may make and enter into all such covenants and\nagreements with respect to accounting for or paying its expenses with\nholders of any of its bonds and notes, or of any issue thereof, as it\nmay determine to be necessary and desirable.\n  4. To assure the continued operation and solvency of the authority for\nthe fulfillment of its corporate purposes, there shall be annually paid\nto the authority such sum as shall have been appropriated for the\nexpenses of the authority. The chairman of the authority shall make and\ndeliver to the governor and director of the budget on or before December\nfirst, nineteen hundred sixty-six and on or before December first in\neach year thereafter, a certificate stating the amount estimated to be\nrequired for payment of or provision for expenses of the authority for\nthe next ensuing state fiscal year. The amount so stated for any such\nensuing state fiscal year shall be the sum of the amounts, if any,\nestimated for such fiscal year, by which pollution control expenses\nexceed pollution control available revenues, by which special purpose\nexpenses in respect of loans and the special purpose expenses in respect\nof loan guarantees exceed special purpose available revenues. The entire\namount appropriated for each such fiscal year for the expenses of the\nauthority shall be paid to the authority not later than the tenth day of\neach such fiscal year. As used in this subdivision, (i) the term\n"expenses" for the fiscal year means ordinary expenditures for operation\nand administration of the authority, including interest paid by the\nauthority on its bonds and notes, and, in addition, such amounts as the\nauthority may determine to be reasonable and necessary as a reserve\nagainst defaults on its loans and as a reserve against defaults in the\npayment or terms of loans guaranteed by the authority, but shall not\ninclude amounts required to be paid to the state under or pursuant to\nany written agreement entered into pursuant to subdivision two of this\nsection; and (ii) the term "available revenues" for the fiscal year\nmeans all amounts received on account of loans (exclusive of principal\nrepayments), and loan guarantees and applications therefor, and income\nor interest earned or added to funds of the authority due to investment\nthereof, and not required under the terms or provisions of any covenant\nor agreement with holders of any bonds or notes of the authority to be\napplied to any purposes other than payment of expenses of the authority.\n  5. The members of the authority shall formulate a plan and policy to\nprovide an expedited financial assistance process for fixed asset\nfinancing and other financing assistance programs provided by the\nauthority for new businesses and expansions of existing businesses\nwithin areas designated as empire zones pursuant to article eighteen-B\nof the general municipal law.\n
N.Y. SOS Law § 441 — New York Code / Act SOS / Article 6 / Title 8 / Section 441
Definitions
Status: in_force

§ 441.  Definitions.  As used in this title, the following terms shall\nhave the following meanings:\n  1.  "Service" shall mean the child care review service created by this\ntitle.\n  2.  "Advisory committee" shall mean the committee established by\nsection four hundred forty-three of this title.\n
N.Y. EDN Law § 6509-D — New York Code / Act EDN / Title 8 / Article 130* / Section 6509-D
Limited exemption from professional misconduct
Status: in_force

§ 6509-d. Limited exemption from professional misconduct.\nNotwithstanding any other provision of law to the contrary, it shall not\nbe considered professional misconduct pursuant to this sub-article for\nany person who is licensed under title eight of this chapter and who\nwould otherwise be prohibited from prescribing or administering drugs\npursuant to the article that licenses such individual, to administer an\nopioid antagonist in the event of an emergency.\n
N.Y. PBA Law § 1198-K — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-K
Moneys of the authority
Status: in_force

§ 1198-k. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer and shall be\ndeposited forthwith in one or more banks and/or trust companies in the\nstate designated by the authority. The moneys in such accounts shall be\npaid out on checks of the treasurer upon requisition by the chairperson\nof the authority or of such other officer or officers as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of or guaranteed by the United States of\nAmerica or of the state of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any bonds as to the custody,\ncollection, security, investment and payment of any moneys of the\nauthority or any moneys held in trust or otherwise for the payment of\nbonds or in any way to secure bonds. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the authority\nand all banks and trust companies are authorized to give such security\nfor such deposits.\n
N.Y. EDN Law § 6531-B — New York Code / Act EDN / Title 8 / Article 131-A / Section 6531-B
Exceptions; reproductive health services
Status: in_force

§ 6531-b. Exceptions; reproductive health services. 1. As used in this\nsection, the following terms shall have the following meanings:\n  (a) "Reproductive health care" shall mean and include all services,\ncare, or products of a medical, surgical, psychiatric, therapeutic,\ndiagnostic, mental health, behavioral health, preventative,\nrehabilitative, supportive, consultative, referral, prescribing, or\ndispensing nature relating to the human reproductive system provided in\naccordance with the constitution and the laws of this state, whether\nprovided in person or by means of telehealth or telehealth services,\nwhich includes, but is not limited to, all services, care, and products\nrelating to pregnancy, assisted reproduction, contraception, miscarriage\nmanagement or abortion, including but not limited to care an individual\nprovides to themself.\n  (b) "Health care practitioner" means a person who is licensed,\ncertified, or authorized under this title and acting within their lawful\nscope of practice.\n  (c) "Gender-affirming care" means any type of care provided to an\nindividual to affirm their gender identity or gender expression,\nincluding but not limited to care an individual provides to themself;\nprovided that surgical interventions on minors with variations in their\nsex characteristics that are not sought and initiated by the individual\npatient are not gender-affirming care.\n  2. Any legally protected health activity, as defined by section 570.17\nof the criminal procedure law, by a health care practitioner acting\nwithin their scope of practice, shall not, by itself, constitute\nprofessional misconduct under this title, or title two-A of article two\nof the public health law, or any other law, rule or regulation governing\nthe licensure, certification, or authorization of such practitioner, nor\nshall any license, certification or authorization of a health care\npractitioner be revoked, suspended, or annulled or otherwise subject to\nany other penalty or discipline provided in the public health law or\nthis title solely on the basis that such health care practitioner\nengaged in legally protected health activity, as defined by section\n570.17 of the criminal procedure law.\n  3. Nothing in this section shall be construed to expand the scope of\npractice of any individual licensed, certified or authorized under this\ntitle, nor does this section give any such individual the authority to\nact outside their scope of practice, as defined in this title.\n
N.Y. EDN Law § 8305 — New York Code / Act EDN / Title 8 / Article 161 / Section 8305
Requirements for certification
Status: in_force

§ 8305. Requirements for certification.  1. To qualify for\ncertification to use the title "certified interior designer", an\napplicant shall fulfill all the following requirements:\n  (a) Application: file an application with the department;\n  (b) Education: have received at least seven years of professional\ntraining consisting of academic study and work experience relating to\ninterior design and in accordance with the commissioner's regulations.\nThese seven years shall contain at least two but not more than five\nyears of post secondary education, including an associate degree or the\nequivalent, in an approved program of interior design;\n  (c) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (d) Examination: (1) pass an examination satisfactory to the board in\naccordance with the commissioner's regulations, and (2) pass a separate\nexamination satisfactory to the board relative to the fire, safety and\nbuilding codes of the state;\n  (e) Age: be at least twenty-one years of age;\n  (f) Citizenship: meet no requirements as to United States citizenship;\n  (g) Character: be of good moral character as determined by the\ndepartment; and\n  (h) Fees: pay a fee of three hundred dollars to the department for\nadmission to the two department conducted examinations and for an\ninitial license, a fee of one hundred fifty dollars for each\nreexamination, a fee of one hundred thirty-five dollars for an initial\nlicense for persons not requiring admission to a department conducted\nexamination, and a fee of two hundred ten dollars for each triennial\nregistration period.\n  2. On recommendation of the board, the department may exempt:\n  (a) from the requirement of subparagraph one of paragraph (d) of\nsubdivision one of this section, an applicant who holds a license of\ncertification to practice as an interior designer issued to him or her\nupon examination by a legally constituted board of examiners in any\nother state or political subdivision of the United States, provided that\nat the time the license or certificate was issued by such state or\npolitical subdivision the applicant met the requirements of paragraph\n(b) of subdivision one of this section for certification to use the\ntitle "certified interior designer" established by this article; or\n  (b) from the requirements specified in paragraph (b) of subdivision\none of this section provided the applicant submits, prior to January\nfirst, nineteen hundred ninety-six, satisfactory evidence that the\napplicant has held himself or herself out as an interior designer and\nhas prepared interior design documents in accordance with the\nrequirements set forth in section eighty-three hundred three of this\narticle for a minimum of seven years, has received a secondary school\ndiploma or equivalent, and has passed the examinations required under\nparagraph (d) of subdivision one of this section.\n
N.Y. PBA Law § 1198-L — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-L
Bonds legal investments for fiduciaries
Status: in_force

§ 1198-l. Bonds legal investments for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state, may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of the state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of the state is now or hereafter may be authorized.\n
N.Y. EDN Law § 8409 — New York Code / Act EDN / Title 8 / Article 163 / Section 8409
Limited permits
Status: in_force

§ 8409. Limited permits. The following requirements for a limited\npermit shall apply to all professions licensed pursuant to this article:\n  1. The department may issue a limited permit to an applicant who meets\nall qualifications for licensure, except the examination and/or\nexperience requirements, or to an applicant who is gaining experience\nfor the diagnostic privilege, in accordance with regulations promulgated\ntherefor.\n  2. Limited permits shall be for two years; such limited permits may be\nrenewed, at the discretion of the department, for up to two additional\none year periods.\n  3. The fee for each limited permit and for each renewal shall be\nseventy dollars.\n
N.Y. EDN Law § 6808-B — New York Code / Act EDN / Title 8 / Article 137 / Section 6808-B
Registration of nonresident establishments
Status: in_force

§ 6808-b. Registration of nonresident establishments.  1. Definition.\nThe term "nonresident establishment" shall mean any pharmacy located\noutside of the state that participates in shared pharmacy services for\nregistered pharmacies and/or patients residing in this state or\npharmacy, manufacturer, wholesaler, or outsourcing facility located\noutside of the state that ships, mails or delivers prescription drugs or\ndevices to other establishments, authorized prescribers and/or patients\nresiding in this state. Such establishments shall include, but not be\nlimited to, pharmacies that transact business through the use of the\ninternet.\n  2. Registration. All nonresident establishments that participate in\nshared pharmacy services for registered pharmacies and/or patients\nresiding in this state or that ship, mail, or deliver prescription drugs\nand/or devices to other registered establishments, authorized\nprescribers, and/or patients into this state shall be registered with\nthe department; except that such registration shall not apply to\nintra-company transfers between any division, affiliate, subsidiaries,\nparent or other entities under complete common ownership and control.\nThe provisions of this subdivision shall apply solely to nonresident\nestablishments and shall not affect any other provision of this article.\n  3. Agent of record. Each nonresident establishment that participates\nin shared pharmacy services or ships, mails or delivers drugs and/or\ndevices into this state shall designate a resident agent in this state\nfor service of process pursuant to rule three hundred eighteen of the\ncivil practice law and rules.\n  4. Conditions of registration. As a condition of registration, a\nnonresident establishment shall comply with the following requirements:\n  a. Be licensed and/or registered and in good standing with the state\nof residence;\n  b. Maintain, in readily retrievable form, records of drugs and/or\ndevices shipped into this state;\n  c. Supply, upon request, all information needed by the department to\ncarry out the department's responsibilities under the laws and rules and\nregulations pertaining to nonresident establishments;\n  d. Comply with all statutory and regulatory requirements of the state\nwhere the nonresident establishment is located, for prescription drugs\nor devices shipped, mailed or delivered into this state, except that for\ncontrolled substances shipped, mailed or delivered into this state, the\nnonresident pharmacy shall follow federal law and New York law relating\nto controlled substances;\n  e. The application shall be made in the manner and form prescribed by\nthe department;\n  f. The application of establishments to be registered as a\nmanufacturer, wholesaler or outsourcing facility of drugs and/or devices\nshall be accompanied by a fee as provided in section sixty-eight hundred\neight of this article; and\n  g. The application of establishments to be registered as a nonresident\npharmacy shall be accompanied by a fee of three hundred forty-five\ndollars and shall be renewed triennially at a fee of two hundred sixty\ndollars.\n  5. Additional requirements. Nonresident pharmacies registered pursuant\nto this section shall:\n  a. Provide a toll-free telephone number that is available during\nnormal business hours and at least forty hours per week, to enable\ncommunication between a patient in this state and a pharmacist at the\npharmacy who has access to the patient's records; and\n  b. Place such toll-free telephone number on a label affixed to each\ndrug or device container.\n  6. Disciplinary action. Except in emergencies that constitute an\nimmediate threat to public health, the department shall not prosecute a\ncomplaint or otherwise take formal action against a nonresident\nestablishment based upon delivery of a drug into this state or a\nviolation of law, rule, or regulation of this state if the agency having\njurisdiction in the state where the nonresident establishment is based\ncommences action on the violation complained of within one hundred\ntwenty days from the date that the violation was reported; provided\nhowever, that the department may prosecute a complaint or take formal\naction against a nonresident establishment if it determines that the\nagency having jurisdiction in the state where the nonresident\nestablishment is based has unreasonably delayed or otherwise failed to\ntake prompt and appropriate action on a reported violation.\n  7. Revocation or suspension. A nonresident establishment that fails to\ncomply with the requirements of this section shall be subject to\nrevocation or suspension of its registration and other applicable\npenalties in accordance with the provisions of article one hundred\nthirty of this chapter.\n  8. Exception. The department may grant an exception from the\nregistration requirements of this section on the application of a\nnonresident establishment that restricts its sale or dispensing of drugs\nand/or devices to residents of this state to isolated transactions.\n  9. Rules and regulations. The department shall promulgate rules and\nregulations to implement the provisions of this section.\n
N.Y. SOS Law § 303-A — New York Code / Act SOS / Article 5 / Title 8 / Section 303-A
Grants of assistance for guide dogs, hearing dogs and service dogs; certain cases
Status: in_force

§ 303-a. Grants of assistance for guide dogs, hearing dogs and service\ndogs; certain cases. 1. It shall be the duty of the social services\nofficial to provide assistance, in accordance with regulations of the\ndepartment, to a person with a disability using a guide dog, hearing dog\nor service dog who has been determined to be eligible for or is\nreceiving federal supplemental security income benefits and/or\nadditional state payments, for the purchase of food for such dog.\n  2. Such regulations of the department shall fix an amount of not less\nthan thirty-five dollars a month, and the  method and frequency of\ndistribution and procedures for the determination and periodical\nredetermination of eligibility for such assistance.\n  3. Such assistance shall not be granted to any person for whom earned\nincome has been exempted for such purpose pursuant to federal law or\nregulation.\n  4. The full amount properly expended by social services districts\nunder this section, including costs of administration, shall be\nreimbursed by the state, notwithstanding any inconsistent provision of\nsection three hundred one of this chapter.\n
N.Y. PBA Law § 715 — New York Code / Act PBA / Article 3 / Title 8 / Section 715
Repayment of state appropriations
Status: in_force

§ 715. Repayment of state appropriations. All appropriations made\nheretofore or hereafter by the state to the authority shall be treated\nas advances by the state to the authority, and shall be repaid to it\nwithout interest out of the first proceeds of bonds issued by the\nauthority for the construction of the bridge. The comptroller is hereby\nauthorized to receive from the authority amounts advanced by the state\nto the authority and to deposit the same in the state treasury to the\ncredit of the capital construction fund so that the state shall be\nreimbursed for the full amount of any and all such advances.\n
N.Y. EDN Law § 8404 — New York Code / Act EDN / Title 8 / Article 163 / Section 8404
Creative arts therapy
Status: in_force

§ 8404. Creative arts therapy. 1. Definition of the practice of\ncreative arts therapy. The practice of the profession of creative arts\ntherapy is defined as:\n  (a) the assessment, evaluation, and the therapeutic intervention and\ntreatment, which may be either primary, parallel or adjunctive, of\nmental, emotional, developmental and behavioral disorders through the\nuse of the arts as approved by the department; 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 creative arts therapy services.\n  2. Practice of creative arts therapy and use of the titles "creative\narts therapist" and "licensed creative arts therapist". Only a person\nlicensed or exempt under this article shall practice creative arts\ntherapy or use the title "creative arts therapist". Only a person\nlicensed under this article shall use the title "licensed creative arts\ntherapist" or any other designation tending to imply that the person is\nlicensed to practice creative arts therapy.\n  3. Requirements for a professional license. To qualify for a license\nas a "licensed creative arts therapist", 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 creative arts therapy from a program registered by the\ndepartment or determined by the department to be the substantial\nequivalent thereof, in accordance with the commissioner's regulations.\nThe graduate coursework shall include, but not be limited to, the\nfollowing areas:\n  (i) human growth and development;\n  (ii) theories in therapy;\n  (iii) group dynamics;\n  (iv) assessment and appraisal of individuals and groups;\n  (v) research and program evaluation;\n  (vi) professional orientation and ethics;\n  (vii) foundations of creative arts therapy and psychopathology; and\n  (viii) clinical instruction;\n  (c) Experience: Have completed at least fifteen hundred hours of\npostmaster's supervised experience in one or more creative arts\ntherapies satisfactory to the department and in accordance with the\ncommissioner's regulations. Satisfactory experience obtained in an\nentity operating under a waiver issued by the department pursuant to\nsection sixty-five hundred three-a of this title may be accepted by the\ndepartment, notwithstanding that such experience may have been obtained\nprior to the effective date of such section sixty-five hundred three-a\nand/or prior to the entity having obtained a waiver. The department may,\nfor good cause shown, accept satisfactory experience that was obtained\nin a setting that would have been eligible for a waiver but which has\nnot obtained a waiver from the department or experience that was\nobtained in good faith by the applicant under the belief that\nappropriate authorization had been obtained for the experience, provided\nthat such experience meets all other requirements for acceptable\nexperience;\n  (d) Examination: Pass an examination in creative arts therapy\nsatisfactory to the department and in accordance with the commissioner's\nregulations;\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 § 2931 — New York Code / Act PBA / Article 9 / Title 8 / Section 2931
Internal control responsibilities
Status: in_force

§ 2931. Internal control responsibilities. The governing board of each\ncovered authority shall: 1. establish and maintain for the authority\nguidelines for a system of internal control that are in accordance with\nthis article and internal control standards;\n  2. establish and maintain for the authority a system of internal\ncontrol and a program of internal control review. The program of\ninternal review shall be designed to identify internal control\nweaknesses, identify actions that are needed to correct these\nweaknesses, monitor the implementation of necessary corrective actions\nand periodically assess the adequacy of the authority's ongoing internal\ncontrols;\n  3. make available to each member, officer and employee a clear and\nconcise statement of the generally applicable managerial policies and\nstandards with which he or she is expected to comply. Such statement\nshall emphasize the importance of effective internal control to the\nauthority and the responsibility of each member, officer and employee\nfor effective internal control;\n  4. designate an internal control officer, who shall report to the head\nof the authority, to implement and review the internal control\nresponsibilities established pursuant to this section; and\n  5. implement education and training efforts to ensure that members,\nofficers and employees have achieved adequate awareness and\nunderstanding of internal control standards and, as appropriate,\nevaluation techniques.\n
N.Y. EDN Law § 8406 — New York Code / Act EDN / Title 8 / Article 163 / Section 8406
State board for mental health practitioners
Status: in_force

§ 8406. State board for mental health practitioners. A state board for\nmental health practitioners shall be appointed by the board of regents\non the recommendation of the commissioner for the purpose of assisting\nthe board of regents and the department on matters of licensing and\nregulation. The board shall be composed of at least three licensed\nmembers from each profession licensed pursuant to this article and at\nleast three public representatives who do not hold interests in the\norganization, financing, or delivery of mental health services.\nAdditionally, the board shall contain one physician who shall be a\npsychiatrist. Members of the first board need not be licensed prior to\ntheir appointment to the board. The terms of the first appointed members\nshall be staggered so that five are appointed for three years, five are\nappointed for four years, and six are appointed for five years. An\nexecutive secretary to the board shall be appointed by the board of\nregents on recommendation of the commissioner.\n
N.Y. EDN Law § 8852 — New York Code / Act EDN / Title 8 / Article 168 / Section 8852
Requirements for licensure as a pathologists' assistant
Status: in_force

§ 8852. Requirements for licensure as a pathologists' assistant. To\nqualify for licensure as a "licensed pathologists' assistant", an\napplicant shall fulfill the following requirements:\n  1. Application: file an application with the department;\n  2. Education: receive an education, including a bachelor's or higher\ndegree in pathologists' assistant, granted on the basis of completion of\na program of pathologists' assistant registered with the department or\nthe substantial equivalent thereof, in accordance with the\ncommissioner's regulations;\n  3. Examination: obtain a passing score on an examination acceptable to\nthe department;\n  4. Age: at the time of application be at least twenty-one years of\nage;\n  5. Character: be of good moral character as determined by the\ndepartment; and\n  6. Fee: pay a fee determined by the department for an initial license\nand for each triennial registration period.\n
N.Y. PBA Law § 1831-A — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1831-A
Actions
Status: in_force

§ 1831-a. Actions. Except in an action for wrongful death, an action\nagainst the authority founded on tort shall not be commenced more than\none year and ninety days after the cause of action therefor shall have\naccrued, nor unless a notice of claim shall have been served on the\nauthority within the time limited by, and in compliance with all the\nrequirements of section fifty-e of the general municipal law. An action\nagainst the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n
N.Y. EDN Law § 6605-A — New York Code / Act EDN / Title 8 / Article 133 / Section 6605-A
Dental anesthesia certificate
Status: in_force

§ 6605-a. Dental anesthesia certificate. 1. A licensed dentist shall\nnot employ conscious sedation, deep sedation or general anesthesia in\nthe practice of dentistry, at any location other than a general\nhospital, without a dental anesthesia certificate issued by the\ndepartment.\n  2. The commissioner shall promulgate regulations, establishing\nstandards and procedures for the issuance of certificates. Such\nstandards shall require completion of an educational program and/or\ncourse of training or experience sufficient to ensure that a dentist is\nspecifically trained in the use and administration of conscious\nsedation, deep sedation or general anesthesia and in the possible\neffects of such use, and in the recognition of and response to possible\nemergency situations.  Such regulations may also establish standards and\nsafeguards for the use of conscious sedation, deep sedation or general\nanesthesia.\n  3. Nothing in this section shall limit a dentist's use of local\nanesthesia, a dentist's use of nitrous oxide, or a dentist's use of any\nother substance or agent for a purpose other than achieving deep\nsedation, conscious sedation, or general anesthesia.\n  4. The fee for a dental anesthesia certificate shall be one hundred\ndollars and shall be paid on a triennial basis upon renewal of such\ncertificate. A certificate may be suspended or revoked in the same\nmanner as a license to practice dentistry.\n
N.Y. PBA Law § 1570-E — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-E
Conveyance of property by the village to the authority; acquisition of property by the village or by the authority
Status: in_force

§ 1570-e. Conveyance of property by the village to the authority;\nacquisition of property by the village or by the authority. 1. The\nvillage may, by resolution or resolutions of the board of trustees of\nthe village or by instruments authorized by such resolutions, convey,\nwith or without consideration, and upon appropriate conditions as to\noutstanding village bonds appertaining thereto, to the authority real\nand personal property owned by the village for use by the authority as a\nproject or projects or a part thereof. In case of real property so\nconveyed, the title thereto shall remain in the village but the\nauthority shall have the use and occupancy thereof for so long as its\ncorporate existence shall continue. In the case of personal property so\nconveyed, the title shall pass to the authority.\n  2. The village may acquire in the name of the village by purchase or\ncondemnation real property in the village for any of the projects or for\nthe widening of existing roads, streets, avenues or highways, or for new\nroads, streets, avenues or highways within a radius of one mile to any\nof the projects, or partly for such purposes and partly for other\nvillage purposes, by purchase or condemnation in the manner provided by\nlaw for the acquisition of real property by the village. For like\npurposes, the village may close such streets, roads, avenues or highways\nas may be necessary or convenient, except as to state highways and\narterial ways which shall not be closed without the consent of the\ncommissioner of transportation.\n  3. Contracts may be entered into between the village and the authority\nproviding for the property to be conveyed by the village to the\nauthority, the additional property to be acquired by the village and so\nconveyed, the streets, roads, avenues and highways to be closed by the\nvillage, and the amounts, terms and conditions of payment to be made by\nthe authority. Such contracts may also contain covenants by the village\nas to the road, street, avenue and highway improvements to be made by\nthe village. Any such contracts between the village and the authority\nmay be pledged by the authority to secure its bonds and shall not be\nmodified thereafter except as provided by the terms of the pledge. The\nboard of trustees of the village may authorize such contracts between\nthe village and the authority and no other authorization on the part of\nthe village for such contracts shall be necessary. Any such contracts\nmay be so authorized and entered into by the village and in such manner\nas the board of trustees of the village may determine, and the payments\nrequired to be made by the village may be made and financed\nnotwithstanding that no provisions therefor shall have first been made\nin the capital budget of the village. All contractual or other\nobligations of the village incurred in carrying out the provision of\nthis title shall be included in and provided for by each capital budget\nof the village thereafter made, if and to the extent that they may\nappropriately be included therein.\n  4. The authority may itself acquire real property for a project in the\nname of the village at the cost and expense of the authority by purchase\nor condemnation pursuant to the eminent domain procedure law or pursuant\nto the laws relating to the condemnation of land by the village. The\nauthority shall have the use and occupancy of such real property so long\nas its corporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such property was acquired at the cost and expense of the\nvillage, the authority shall have power to surrender its use and\noccupancy thereof to the village, or, if such real property was acquired\nat the cost and expense of the authority, then the authority shall have\nthe power to sell, lease or otherwise dispose of said real property at\npublic or private sale, and shall retain and have the power to use the\nproceeds of sale, rentals or other moneys derived from the disposition\nthereof for its purposes.\n
N.Y. ENV Law § 17-0816 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0816
Coordination with AEM program
Status: in_force

§ 17-0816. Coordination with AEM program.\n  To the extent practical and consistent with the purposes of this title\nand title seven of this article, SPDES permits for farm operations\nparticipating in the agricultural environmental management (AEM) program\nas set forth in article eleven-A of the agriculture and markets law\nshall incorporate as part of the SPDES permit terms and conditions any\nAEM plan prepared for the permit applicant.\n
N.Y. PBA Law § 1199-CC*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-CC*2
Orange county water district
Status: in_force

* § 1199-cc. Orange county water district. There is hereby defined and\nestablished an area to be known as the "Orange county water district"\nwhich shall embrace all the territory located within the county that is\nnot, as of the effective date of this title, located within the United\nStates Military Reservation at West Point. After the establishment of\nthe Orange county water district, such district shall have such powers\nas are provided in and shall be governed in accordance with the\nprovisions of article five-A of the county law, including, without\nlimitation, the power to enter into contracts, and carry out the terms\nthereof, with the city of New York, the New York city municipal finance\nauthority, New York city water board, or any agency or instrumentality\nthereof, for the purchase of water.\n  * NB There are 2 § 1199-cc's\n
N.Y. ENV Law § 17-0804 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0804
Rules and regulations
Status: in_force

§ 17-0804. Rules and regulations.\n  The rules and regulations adopted by the department to implement this\ntitle and the provisions of article 70 of this chapter and rules and\nregulations thereunder shall govern permit applications, renewals,\nmodifications, suspensions and revocations under this title.\n
N.Y. PBA Law § 1199-XXXX*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-XXXX*2
Effect of inconsistent provisions
Status: in_force

* § 1199-xxxx. Effect of inconsistent provisions. In so far 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  * NB There are 2 § 1199-xxxx's\n
N.Y. PBA Law § 1837-C — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 7 / Section 1837-C
Regulations by authority
Status: in_force

§ 1837-c. Regulations by authority. The authority shall promulgate\nrules and regulations to effectuate the purposes of this subtitle which\nshall be subject to the approval of the director of the budget.\n
N.Y. RSS Law § 71-A — New York Code / Act RSS / Article 2 / Title 8 / Section 71-A
Optional retirement at age fifty-five; new plan
Status: in_force

§ 71-a. Optional retirement at age fifty-five; new plan.  a. Any\nmember of the retirement system, who has not by voluntary election on or\nafter April first, nineteen hundred sixty-six, withdrawn the excess\ncontributions authorized by subdivision d of this section, by written\nnotice duly acknowledged and filed with the comptroller on or before\nDecember thirty-first, nineteen hundred sixty-six, or within one year\nafter he last became a member, whichever is later, may elect to\ncontribute pursuant to this section on the basis of retirement at age\nfifty-five. After such election the member shall contribute pursuant to\nthis section at the higher rate determined in accordance with this\nsubdivision a. Such higher rate shall be determined by the actuary upon\nthe basis of tables adopted by the comptroller and regular interest.\nSuch higher rate shall consist of the member's rate of normal\ncontribution plus an additional rate. Such higher rate shall be computed\nas the constant proportion of annual compensation which, when deducted\nfrom each payment of such member's prospective earnable compensation\nfrom the time when he last became a member until he shall attain age\nfifty-five, would provide, at such latter time, an annuity equal to\none-one hundred twentieth of his final average salary for each year of\nmember service rendered or which he will have rendered prior to his\nattainment of age fifty-five and for which he shall be entitled to\ncredit. Such higher rate of contribution of a member who is over age\nfifty-four, at the time of his last becoming a member, shall be the same\nas if his age were fifty-four. Where a member elects to contribute\npursuant to this section, contributions at such higher rate shall be\nmade from May fifteenth, nineteen hundred sixty-six, or from the date he\nlast became a member, whichever is later. Such member's rate of\ncontribution pursuant to this section shall be appropriately reduced\npursuant to section seventy-a of this article for such period of time as\nhis employer contributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller make an election to waive such reduction as provided by\nsubdivision j of section twenty-one of this article. One year or more\nafter the filing thereof, a member may withdraw any such election by\nwritten notice duly acknowledged and filed with the comptroller.\n  b. In addition to the contributions required by subdivision a, a\nmember who elects to contribute pursuant to this section shall\ncontribute also toward the deficiency in his contributions on account of\npast member service rendered by him. The amount of such deficiency shall\nbe certified by the actuary and shall be computed as the actuarial\nequivalent of the additional contributions which such member would have\nmade on account of his past member service if his higher rate of\ncontribution, determined pursuant to subdivision a of this section, had\nbeen in effect during the period of such past member service. A member\nmay pay the amount of such deficiency in a lump sum or in such\ninstallments as the comptroller shall approve. Any member may make one\nor more cash payments of one hundred dollars, or any multiple thereof,\non account of such deficiency. Any member may by written notice duly\nacknowledged and filed with the comptroller authorize and require\npayroll deductions of ten dollars each, or any multiple thereof, to be\nmade on account of such deficiency. One year or more after the filing\nthereof any such notice may be withdrawn by written notice duly\nacknowledged and filed with the comptroller.\n  c. Notwithstanding any inconsistant provision of sections seventy-one\nor seventy-two of this article, any member who is contributing to the\nretirement system on the basis of retirement at age fifty-five pursuant\nto such sections and who on or before December thirty-first, nineteen\nhundred sixty-six, withdraws such election for the purpose of making an\nelection to contribute on the basis of retirement at age fifty-five\npursuant to this section, shall contribute pursuant to this section,\nprovided such withdrawal and election is by written notice duly\nacknowledged and filed with the comptroller. The additional\ncontributions made by any such member pursuant to sections seventy-one\nor seventy-two plus the regular interest thereon shall be applied to the\npayment of the deficiency in contributions certified by the actuary\npursuant to subdivision b of this section. The amount of such additional\ncontributions plus the regular interest thereon which is in excess of\nthe amount necessary to pay such deficiency may be withdrawn by the\nmember at any time prior to retirement.\n  d. One year or more after the filing thereof, a member may withdraw\nhis election to contribute pursuant to this section on the basis of\nretirement at age fifty-five. Such withdrawal shall be by written notice\nduly acknowledged and filed with the comptroller. Such member thereafter\nshall contribute on the basis of his rate of normal contribution. Such\nmember, upon application at any time prior to retirement and with the\napproval of the comptroller, shall be entitled to a refund of the amount\nof his contributions and regular interest thereon which is in excess of\nthe amount of the accumulated contributions which he would then have to\nhis credit had he been contributing on the basis of his rate of normal\ncontribution.\n  e. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. EDN Law § 8303 — New York Code / Act EDN / Title 8 / Article 161 / Section 8303
Definition of practice of interior design
Status: in_force

§ 8303. Definition of practice of interior design.  For the purposes\nof this article, the practice of interior design is defined as rendering\nor offering to render services for a fee or other valuable\nconsideration, in the preparation and administration of interior design\ndocuments (including drawings, schedules and specifications) which\npertain to the planning and design of interior spaces including\nfurnishings, layouts, fixtures, cabinetry, lighting, finishes,\nmaterials, and interior construction not materially related to or\nmaterially affecting the building systems, all of which shall comply\nwith applicable laws, codes, regulations, and standards. The scope of\nwork described herein shall not be construed as authorizing the planning\nand design of engineering and architectural interior construction as\nrelated to the building systems, including structural, electrical,\nplumbing, heating, ventilating, air conditioning or mechanical systems\nand shall not be construed as authorizing the practice of engineering or\narchitecture as described in article one hundred forty-five or one\nhundred forty-seven of this title. The interior design plans as\ndescribed above are not to be construed as those required to be filed\nwith local municipalities or building departments as required by the\nstate education law regulating the practices of architecture or\nengineering.\n
N.Y. PBA Law § 1803-A — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1803-A
Additional duties of the authority
Status: in_force

§ 1803-a. Additional duties of the authority. It shall be the duty of\nthe authority to make rules and regulations governing the exercise of\nits corporate powers and the fulfillment of its corporate purposes under\nthis title, which rules and regulations shall be promulgated under the\nstate administrative procedure act with the assistance of the\ncommissioner of economic development and in consultation with the\ndepartment of economic development and shall be consistent with the\nprogram plan required by subdivision nineteen of section one hundred of\nthe economic development law.\n
N.Y. PBA Law § 1199-EEEE*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-EEEE*2
Advances on behalf of the authority; acquisition of property by county for authority
Status: in_force

* § 1199-eeee. Advances on behalf of the authority; acquisition of\nproperty by county for authority. 1. In addition to any powers granted\nto it by law, the county from time to time may appropriate sums of\nmoney, after approval by the board of supervisors, to or on behalf of\nthe authority to defray project costs or any other costs and expenses of\nthe authority. Subject to the rights of bondholders, the county at the\ntime of the appropriation shall determine if the moneys so appropriated\nshall be subject to repayment by the authority to the county and, in\nsuch event, the manner and time or times for such repayment.\n  2. The county or any other municipality may give, grant, sell, convey,\nloan, license the use of or lease to the authority any property or\nfacility which is useful to the authority in order to carry out its\npowers under this title. Any such transfer of property shall be upon\nsuch terms and conditions, subject to the rights of the holders of any\nbonds, as the authority and the county or other municipality may agree.\n  3. The county may acquire by purchase or by exercise of the power of\neminent domain real property in the name of the county for any corporate\npurpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority or the\ncounty from the state may be used for any corporate purpose of the\nauthority.\n  * NB There are 2 § 1199-eeee's\n
N.Y. EDN Law § 6950 — New York Code / Act EDN / Title 8 / Article 140 / Section 6950
Introduction
Status: in_force

§ 6950. Introduction.  This article applies to the profession of\nmidwifery.  The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. PBA Law § 1191 — New York Code / Act PBA / Article 5 / Title 8 / Section 1191
Exemptions from taxation
Status: in_force

§ 1191. Exemptions from taxation. 1. It is hereby found and declared\nthat the creation of the authority and the carrying out of its corporate\npurposes is in all respects for the benefit of the people of the state\nof New York, for the improvement of their health and welfare, and is a\npublic purpose, 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 be required to pay no taxes or assessments upon\nany of the property acquired by it or under its jurisdiction, control,\npossession or supervision or upon its activities in the operation and\nmaintenance of its facilities.\n  2. The bonds together with the income therefrom shall, at all times,\nbe exempt from taxation, except for transfer and estate taxes.\n
N.Y. EDN Law § 7805 — New York Code / Act EDN / Title 8 / Article 155 / Section 7805
Exempt persons
Status: in_force

§ 7805. Exempt persons. Nothing contained in this article shall be\nconstrued to prohibit:\n  1. The practice of massage therapy by any person who is authorized to\npractice medicine, nursing, osteopathy, physiotherapy, chiropractic, or\npodiatry in accordance with the provisions of this title.\n  2. The practice of that massage which is customarily given in barber\nshops or beauty parlors for the purpose of beautification by any\nlicensed barber or beauty culturist.\n  3. The practice of massage therapy by any person employed in a medical\ninstitution licensed or chartered by the state of New York, provided\nthat such person is under the on-site supervision of a person licensed\nto practice massage therapy or authorized to practice massage therapy by\nsubdivision one of this section, or by any person enrolled in a program\nof a school or institute of massage therapy registered by the\ndepartment, or enrolled in a program which satisfies the requirements of\nsection seventy-eight hundred four of this article, provided that such\nperson is under the on-site supervision of a person licensed to practice\nmassage therapy or authorized to practice massage therapy by subdivision\none of this section.\n  4. The practice of massage therapy by any person duly employed as a\ntrainer by a professional athletic association, club or team, or as a\nmember of the physical education department of an accredited university,\ncollege or high school.\n  5. The practice of massage therapy by any person employed by a\ncorporation or association organized exclusively for the moral or mental\nimprovement of men, women or children.\n  6. A massage therapist licensed and in good standing in another state\nor country from conducting a teaching demonstration of modalities and\ntechniques that are within the practice of massage therapy in connection\nwith a program of continuing education that is conducted by approved\nsponsors of continuing education by the department. Any massage\ntherapist conducting a teaching demonstration of modalities and\ntechniques in New York state pursuant to this subdivision shall be\nsubject to the personal and subject matter jurisdiction and disciplinary\nand regulatory authority of the board of regents as if he or she is a\nlicensee and as if the exemption pursuant to this subdivision is a\nlicense. Such massage therapist shall comply with the provisions of this\narticle, the rules of the board of regents, and the regulations of the\ncommissioner, relating to professional misconduct, disciplinary\nproceedings and penalties for professional misconduct.\n
N.Y. PBA Law § 1199-NNNN*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-NNNN*2
Actions against the authority
Status: in_force

* § 1199-nnnn. Actions against the authority. 1. Except in an action\nfor wrongful death, no action or special proceeding shall be prosecuted\nor maintained against the authority for personal injury or damage to\nreal or personal property alleged to have been sustained by reason of\nthe negligence or wrongful act of the authority or any member, officer,\nagent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection fifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n  (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based.\n  An action for wrongful death against the authority shall be commenced\nin accordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nbonds, shall be the rate prescribed by section five thousand four of the\ncivil practice law and rules. Interest on payments of principal or\ninterest on any bonds in default shall accrue at the rate or rates set\nforth in such bonds from the due date thereof until paid or otherwise\nsatisfied.\n  * NB There are 2 § 1199-nnnn's\n
N.Y. EDN Law § 6714 — New York Code / Act EDN / Title 8 / Article 135 / Section 6714
Treatment records
Status: in_force

§ 6714. Treatment records. 1. Upon written request from the owner of\nan animal which has received treatment from or under the supervision of\na veterinarian, such veterinarian shall provide to such owner within a\nreasonable time period a copy of all records relating to the treatment\nof such animal. For the purposes of this section, the term "records"\nshall mean all information concerning or related to the examination or\ntreatment of the animal kept by the veterinarian in the course of his or\nher practice. A veterinarian may impose a reasonable charge for\nproviding copies of such records. A veterinarian may make available to\nthe owner either the original or a copy of such record or document\nincluding x-rays, electrocardiograms and other diagnostic tests and may\nimpose a reasonable fee for the reproduction of such copies.\n  2. A veterinarian licensed pursuant to this article, may disclose\nrecords, as defined in this section, concerning a companion animal as\ndefined in section three hundred fifty of the agriculture and markets\nlaw which has received treatment by such veterinarian without the\nconsent of the companion animal's owner under the following\ncircumstances:\n  (a) When a veterinarian reasonably and in good faith suspects that a\ncompanion animal's injury, illness or condition is the result of animal\ncruelty in violation of section three hundred fifty-one, three hundred\nfifty-three or three hundred fifty-three-a of the agriculture and\nmarkets law, the veterinarian shall report the incident and disclose\nrecords concerning the companion animal's condition and treatment to any\nofficer or agent authorized pursuant to sections three hundred\nseventy-one and three hundred seventy-three of the agriculture and\nmarkets law to respond to and investigate complaints of animal cruelty.\nThe identity of such veterinarian making a report pursuant to this\nparagraph shall only be made available to an officer or agent authorized\npursuant to section three hundred seventy-one or three hundred\nseventy-three of the agriculture and markets law.\n  (b) When a veterinarian reasonably believes that disclosure of records\nas defined in this section, is necessary to protect the health or\nwelfare of a companion animal, a person or the public, the veterinarian\nmay disclose such records to any officer or agent authorized pursuant to\nsections three hundred seventy-one and three hundred seventy-three of\nthe agriculture and markets law to respond to and investigate complaints\nof animal cruelty. The identity of such veterinarian making a disclosure\nof records pursuant to this paragraph shall only be made available to an\nofficer or agent authorized pursuant to section three hundred\nseventy-one or three hundred seventy-three of the agriculture and\nmarkets law.\n  (c) Any such veterinarian who reports an incident or discloses records\nconcerning a companion animal's condition and treatment pursuant to\nparagraph (a) or (b) of this subdivision shall be entitled to receive\nand be provided with, at no cost to such veterinarian, written or\nelectronic documentation of such report by the agent or officer to whom\nsuch report was made. Such report shall include but not be limited to\nthe date such report was made, the identity of the individual against\nwhom such report was made, the species and description of the animal\nabout which such report was made, the nature of the injuries to the\nanimal and the name and license number of the veterinarian who made such\nreport.\n  3. A veterinarian acts in good faith within the meaning of this\nsection when he or she reasonably believes that his or her actions are\nnecessary to protect the health and welfare of the companion animal or\nthe public.\n  4. A veterinarian who reasonably and in good faith reports or\ndiscloses records in accordance with this section shall be immune from\nliability in the form of damages in any civil or criminal proceeding on\naccount of such reporting or disclosure.\n
N.Y. PBA Law § 1199-AAAA*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-AAAA*2
Definitions
Status: in_force

* § 1199-aaaa. Definitions. As used or referred to in this title,\nunless a different meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section one\nthousand one hundred ninety-nine-cccc of this title.\n  2. "Board" shall mean the members of the authority constituting and\nacting as the governing board of the authority.\n  3. "Board of supervisors" shall mean the board of supervisors of\nLivingston county.\n  4. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  5. "Civil service commission" shall mean the personnel officer of the\ncounty of Livingston or any other person or entity acting as the civil\nservice commission of the county of Livingston.\n  6. "Comptroller" shall mean the comptroller of the state of New York.\n  7. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water, sewerage or water and sewerage facility, as the case may be;\nthe inspection and supervision thereof; and the engineering,\narchitectural, legal, appraisal, fiscal, economic and environmental\ninvestigations, services and studies, surveys, designs, plans, working\ndrawings, specifications, procedures and other actions preliminary or\nincidental thereto.\n  8. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges, interest prior to, during\nand after construction to the extent not paid or provided for from\nrevenues or other sources, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of lease guarantee or bond insurance or other credit\nenhancement associated with bonds of the authority (including notes) and\nthe cost of other expenses necessary or incidental to the construction\nof such project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including the reimbursement to the county, or any\nmunicipality, state agency, the state, the United states government, or\nany other person for expenditures made by them that would be costs of\nthe project hereunder.\n  9. "County" shall mean the county of Livingston.\n  10. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  11. "District" shall mean the Livingston county water and sewer\nauthority district created by section eleven hundred ninety-nine-bbbb of\nthis title.\n  12. "Governing body" shall mean:\n  (a) In the case of a city, county, town or village or district\ncorporation the finance board as such term is defined in the local\nfinance law;\n  (b) In the case of a public benefit corporation, the members thereof.\n  13. "Members" shall mean the members of the board.\n  14. "Municipality" shall mean any county, city, town, village,\nimprovement district under the county or town law, any other such\ninstrumentality, including any agency or public corporation of the\nstate, or any of the foregoing or any combination thereof.\n  15. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation as\ndefined pursuant to article two-A of the general construction law.\n  16. "Real property" shall mean lands, structures, franchises, rights\nand interests in land, waters, lands underwater, groundwater, riparian\nrights and air rights and any and all things and rights included within\nsaid term "real property" and includes not only fee simple absolute, but\nalso any and all lesser interests including, but not limited to,\neasements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  19. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, conveying,\npumping, treating, neutralizing, storing and disposing of sewage,\nincluding but not limited to main, trunk, intercepting, connecting,\nlateral, outlet or other sewers, outfalls, pumping stations, treatment\nand disposal plants, ground water recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifiers, filters, phosphorus removal equipment and other plants,\nworks, structures, equipment, vehicles, conveyances, contract rights,\nfranchises, approaches, connections, permits, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  20. "State" shall mean the state of New York.\n  21. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  22. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  23. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived by the authority\nincluding, without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  24. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  25. "Treasurer" shall mean the treasurer of the authority.\n  26. "Water facility" or "water facilities" shall mean any plants,\nstructures or other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, distributing or treating water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, approaches, connections,\nwater meters, rights of flowage or diversion and other plants,\nstructures, equipment, vehicles, towers, conveyances, real or personal\nproperty or rights therein and appurtenances thereto necessary or useful\nand convenient for the accumulation, supply, transmission, treatment or\ndistribution of water.\n  27. "Water project" shall mean any sewerage facility, water facility\nor water and sewerage facility, as the case may be, including the\nplanning, development, financing or construction thereof.\n  28. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n  * NB There are 2 § 1199-aaaa's\n
N.Y. RSS Law § 364 — New York Code / Act RSS / Article 8 / Title 8 / Section 364
Payment of both pensions for accident and other benefits prohibited
Status: in_force

§ 364. Payment of both pensions for accident and other benefits\nprohibited. a. If any benefits under the workers' compensation law may\nbe or become payable as the result of accidental disability or\naccidental death, no payment of any benefit shall be made pursuant to\nthis article on account of such disability or death until there shall\nhave been a final determination of the claim for workers' compensation\nbenefits. Pending such final determination, however, the comptroller may\nauthorize payment of all or any part of the benefits payable under this\nchapter, and in that event, shall be entitled to reimbursement out of\nthe unpaid installment or installments of compensation due under the\nworkers' compensation law provided that claim therefor is filed pursuant\nto the provisions of such law. Any pension, payable pursuant to this\narticle on account of any such disability or death, shall be reduced by\nthe amount of the benefits that are finally determined to be payable\nunder the workers' compensation law by reason of such disability or\ndeath. Such reduction shall be effectuated as follows:\n  1. Pension installments shall be reduced by the amount of the\nconcurrent workers' compensation benefits.\n  2. The pension reserve on account of a pension so payable shall be\nreduced by the amount of the lump sum workers' compensation benefits. In\nsuch case the pension thereafter payable shall be the actuarial\nequivalent of the pension reserve as so reduced.\n  No such reduction shall be made, however, for the amount of medical,\nsurgical, or other attendance or treatment, nurse and hospital service,\nmedicine, crutches or apparatus and of any funeral expense provided\nunder the workers' compensation law in addition to regular compensation\nbenefits, or of any legal fees awarded under the workers' compensation\nlaw.\n  b. A final determination of the state workers' compensation board that\nbenefits are payable pursuant to the workers' compensation law by reason\nof the accidental disability or accidental death of a member of the\npolice and fire retirement system shall not in any respect be, or\nconstitute, a determination that an accidental disability retirement\nallowance, a disability incurred in performance of duty allowance or an\naccidental death benefit is payable on account thereof pursuant to the\nprovisions of this article.\n
N.Y. EDN Law § 6825 — New York Code / Act EDN / Title 8 / Article 137 / Section 6825
Proof required in prosecution for certain violations
Status: in_force

§ 6825. Proof required in prosecution for certain violations.  1. In\nan action or proceeding, civil or criminal, against a person for\nviolating such provisions of this article which relate to the possession\nof, compounding, retailing or dispensing of misbranded, substituted or\nimitated drugs, poisons or cosmetics, when it shall be necessary that an\nanalysis be made for the purpose of establishing the quality of such\ndrug, poison or cosmetic so as to determine the fact of misbranding,\nsubstituting or imitating, then it shall be required to prove at the\ntrial or hearing of such action or proceeding, that the person, taking\nthe same for analysis separated it into two representative parts,\nhermetically or otherwise effectively and completely sealed, delivered\none such sealed part to the seller, manufacturer, wholesaler,\npharmacist, or druggist from whose premises such sample was taken and\ndelivered the other part so sealed to the chemist designated by the\nstate board of pharmacy; and the facts herein required to be proven\nshall be alleged in the complaint or information by which such action or\nproceeding was begun. The rules of the board shall be proven prima facie\nby the certificate of the secretary.\n  2. Any person accused of violation of any of the provisions of this\narticle relating to adulterating, misbranding, substitution or imitation\nshall not be prosecuted or convicted or suffer any of the penalties,\nfines or forfeitures for such violation, if he establishes upon the\nhearing or trial that the drug, device or cosmetic alleged to be\nadulterated, misbranded, substituted or imitated was purchased by him\nunder a written guaranty of the manufacturer or seller to the effect\nthat said drug, device or cosmetic was not adulterated or misbranded,\nwithin the meaning of this article and proves that he has not\nadulterated, misbranded, substituted or imitated the same, provided the\nseller has taken due precaution to maintain the standard set for the\ndrug, device or cosmetic. A guaranty, in order to be a defense to a\nprosecution or to prevent conviction or to afford protection, must state\nthat the drug, device or cosmetic to which it refers is not adulterated,\nmisbranded, substituted or imitated within the meaning of the provisions\nof this article and must state also the full name and place of business\nof the manufacturer, wholesaler, jobber or other person from whom the\ndrug, device or cosmetic was purchased, and the date of purchase. The\nact, omission or failure of any officer, agent or other employee acting\nfor or employed by any person within the scope of his authority or\nemployment shall in every case be the act, omission or failure of such\nperson as well as that of the officer, agent or other employee, and such\nperson shall be equally liable for violations of this article by a\npartnership, association or corporation, and every member of the\npartnership or association and the directors and general officers of the\ncorporation and the general manager of the partnership, association or\ncorporation shall be individually liable and any action, prosecution or\nproceeding authorized by this article may be brought against any or all\nof such persons. When any prosecution under this article is made on the\ncomplaint of the board, any fines collected shall be paid into the state\ntreasury as provided by this article.\n  3. No publisher, radio-broadcast licensee, advertising agency, or\nagency or medium for the dissemination of advertising, except the\nmanufacturer, packer, distributor, or seller of the commodity to which\nthe false advertisement relates, shall be subject to the penalties\nprovided by this article by reason of the dissemination by him of any\nfalse advertisement, unless he has refused, on the request of the\nsecretary, to furnish the secretary the name and post-office address of\nthe manufacturer, packer, distributor, seller or advertising agency, who\ncaused him to disseminate such advertisement.\n
N.Y. PBA Law § 1199-VVV — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-VVV
Governmental capacity of the authority and municipalities
Status: in_force

§ 1199-vvv. Governmental capacity of the authority and municipalities.\nThe authority, the county and the other municipalities, in carrying out\ntheir respective powers and duties under this title, shall be deemed to\nbe acting in a governmental capacity and in the performance of an\nessential governmental function.\n
N.Y. VAT Law § 1662-D — New York Code / Act VAT / Title 8 / Article 41 / Section 1662-D
Residential parking system in the town of Mamaroneck
Status: in_force

§ 1662-d. Residential parking system in the town of Mamaroneck. 1.\nNotwithstanding the provisions of any law to the contrary, the town\nboard of the town of Mamaroneck may, by adoption of a local law or\nordinance, provide for a residential parking permit system and fix and\nrequire the payment of fees applicable to parking within the area in\nwhich such parking system is in effect in accordance with the provisions\nof this section.\n  2. Such residential parking permit system may only be established\nwithin the area of the town consisting of the following roadways:\n  (a) Washington Square;\n  (b) North Chatsworth Avenue between Myrtle Boulevard and Edgewood\nAvenue;\n  (c) New Jefferson Street;\n  (d) Old Jefferson Street;\n  (e) Murray Avenue between Myrtle Boulevard and Leafy Lane; and\n  (f) Lester Place.\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 day and days of the week during which permit\nrequirements shall be in effect;\n  (d) make not less than fifteen percent of the spaces within the permit\narea available to nonresidents, and shall provide short term parking of\nnot less than sixty 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 town of Mamaroneck 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  6. The provisions of this section shall not apply to any state highway\nmaintained by the state.\n
N.Y. BNK Law § 8007 — New York Code / Act BNK / Article 15 / Title 8 / Section 8007
Restated organization certificate
Status: in_force

§ 8007. Restated organization certificate. 1. A corporation, when\nauthorized by the board, may restate in a single certificate the text of\nits organization certificate, as amended theretofore, without making any\nfurther amendment or change thereby, except that it may include any one\nor more of the amendments or changes which may be authorized by the\nboard without a vote of stockholders under this chapter. Alternatively,\na corporation may restate in a single certificate the text of its\norganization certificate, as amended theretofore, and as further amended\nthereby to effect any one or more of the amendments or changes\nauthorized by this chapter, when authorized by the required vote of the\nholders of shares entitled to vote thereon.\n  2. A restated organization certificate entitled "Restated organization\ncertificate of ............. (name of corporation) under section 8007 of\nthe Banking Law" shall be signed, verified and filed as provided in\nsection one thousand three. It shall set forth:\n  (a) The name of the corporation and, if it has been changed, the name\nunder which it was formed.\n  (b) The date its organization certificate was filed by the\nsuperintendent.\n  (c) If the restated certificate restates the text of the organization\ncertificate, as amended theretofore, without making any further\namendment or change, then a statement that the text of the organization\ncertificate, as amended theretofore, is thereby restated without further\namendment or change to read as therein set forth in full.\n  (d) If the restated certificate restates the text of the organization\ncertificate, as amended theretofore, and as further amended or changed\nthereby, then a statement that the organization certificate is amended\nor changed to effect one or more of the amendments or changes authorized\nby this chapter, specifying each such amendment or change and that the\ntext of the organization certificate, as amended theretofore, is thereby\nrestated as further amended or changed to read as therein set forth in\nfull.\n  (e) If any such amendment, effected by the restated certificate,\nprovides for a change or elimination of issued shares, and if the manner\nin which the same shall be effected is not set forth in such amendment,\nthen a statement of the manner in which the same shall be effected.\n  (f) If the restated certificate contains an amendment which effects a\nreduction of capital stock, then a statement of the manner in which the\nsame is effected and the amounts from which and to which capital stock\nis reduced.\n  (g) The manner in which the restatement of the organization\ncertificate was authorized.\n  3. A restated certificate need not include statements as to the\nincorporators, the original subscribers for shares or the first\ndirectors.\n  4. Any amendment or change under this section shall be subject to any\nother section, not inconsistent with this section, which would be\napplicable if a separate certificate were filed to effect such amendment\nor change.\n  5. Upon filing by the superintendent, the original organization\ncertificate, as amended theretofore, shall be superseded and the\nrestated organization certificate, including any further amendments and\nchanges made thereby, shall be the organization certificate of the\ncorporation.\n
N.Y. EDN Law § 7303 — New York Code / Act EDN / Title 8 / Article 147 / Section 7303
State board for architecture
Status: in_force

§ 7303. State board for architecture.  A state board for architecture\nshall be appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents and the\ndepartment on matters of professional licensing and professional conduct\nin accordance with section sixty-five hundred eight of this title.  The\nboard shall be composed of not less than seven architects licensed in\nthis state.  An executive secretary to the board shall be appointed by\nthe board of regents on recommendation of the commissioner and shall be\nan architect licensed in this state.\n
N.Y. EDN Law § 8803 — New York Code / Act EDN / Title 8 / Article 167 / Section 8803
The practice of and use of the title "licensed behavior analyst" or "certified behavior analyst assistant"
Status: in_force

§ 8803. The practice of and use of the title "licensed behavior\nanalyst" or "certified behavior analyst assistant". Only a person\nlicensed, certified or exempt under this article shall practice applied\nbehavior analysis. Only a person licensed or certified under this\narticle shall use the titles "licensed behavior analyst" or "certified\nbehavior analyst assistant."\n
N.Y. VAT Law § 1692 — New York Code / Act VAT / Title 8 / Article 44-B / Section 1692
General provisions
Status: in_force

§ 1692. General provisions. 1. A TNC or a TNC driver shall not be\ndeemed a common carrier, as defined in subdivision six of section two of\nthe transportation law; a contract carrier of passengers by motor\nvehicle, as defined in subdivision nine of section two of the\ntransportation law; or a motor carrier, as defined in subdivision\nseventeen of section two of the transportation law. Neither a TNC nor a\nTNC driver shall be deemed to provide taxicab or for-hire vehicle\nservice while operating as a TNC or TNC driver pursuant to this article.\nMoreover, a TNC driver shall not be required to register the TNC vehicle\nsuch TNC driver uses for TNC prearranged trips as a commercial or\nfor-hire vehicle, as set forth in article fourteen of this chapter.\n  2. (a) A TNC may not operate in the state of New York without first\nhaving obtained a license issued by the department in a form and manner\nand with applicable fees as provided for by regulations promulgated by\nthe commissioner. As a condition of obtaining a license, a TNC shall be\nrequired to submit to the department proof of a group policy issued\npursuant to section three thousand four hundred fifty-five of the\ninsurance law. Failure of a TNC to comply with the provisions of this\narticle may result in applicable penalties, which may include, but are\nnot limited to fines, suspension or revocation of license or a\ncombination thereof as otherwise provided by law. No license shall be\nsuspended or revoked except upon notice to the TNC and after an\nopportunity to be heard.\n  (b) Failure of a TNC to obtain a license before operation, pursuant to\nthis subdivision shall constitute a misdemeanor.\n  3. A TNC must maintain an agent for service of process in the state of\nNew York.\n  4. On behalf of a TNC driver, a TNC may charge a fare for the services\nrendered to passengers; provided that, if a fare is collected from a\npassenger, the TNC shall disclose to such passenger the fare within the\nTNC's digital network. The TNC shall also provide passengers, before\nsuch passengers enter a TNC vehicle, the actual fare or an estimated\nfare for such TNC prearranged trip through the TNC's digital network.\nThe TNC shall also post the fair calculation method on its website.\n  5. A TNC's digital network shall display a picture of the TNC driver,\nand provide the make, model, color and license plate number of the TNC\nvehicle utilized for providing the TNC prearranged trip before the\npassenger enters the TNC vehicle.\n  6. Within a reasonable period of time following the completion of a\ntrip, a TNC shall transmit an electronic receipt to the passenger on\nbehalf of the TNC driver that lists:\n  (a) The origin and destination of the trip;\n  (b) The total time and distance of the trip;\n  (c) An itemization of the total fare paid, if any;\n  (d) A separate statement of the applicable assessment fee and\nsurcharge; and\n  (e) The TNC name and operating license number.\n  7. A TNC driver shall not solicit or accept street hails.\n  8. A TNC shall adopt a policy prohibiting solicitation or acceptance\nof cash payments for the fares charged to passengers for TNC prearranged\ntrips and notify TNC drivers of such policy. TNC drivers shall not\nsolicit or accept cash payments from passengers.\n  9. A TNC shall prevent a TNC driver from accepting TNC prearranged\ntrips within a city of a population of one million or more and any\ncounty or city that has enacted a local law or ordinance pursuant to\nsection one hundred eighty-two of the general municipal law and has not\nrepealed such local law or ordinance, except where the acceptance of a\nprearranged trip is authorized pursuant to an existing reciprocity\nagreement.\n  10. Nothing in this article shall apply to cities with a population of\none million or more.\n
N.Y. VAT Law § 1642 — New York Code / Act VAT / Title 8 / Article 39 / Section 1642
Additional traffic regulations in cities having a population in excess of one million
Status: in_force

§ 1642. Additional traffic regulations in cities having a population\nin excess of one million. (a) In addition to the other powers granted by\nthis article, the legislative body of any city having a population in\nexcess of one million, may by local law, ordinance, order, rule,\nregulation or health code provision prohibit, restrict or regulate\ntraffic on or pedestrian use of any highway (which term, for the\npurposes of this section, shall include any private road open to public\nmotor vehicle traffic) in such city. The provisions of section sixteen\nhundred shall be applicable to such local laws, ordinances, orders,\nrules, regulations, and health code provisions, provided, however, that\nsuch local laws, ordinances, orders, rules, regulations and health code\nprovisions shall supersede the provisions of this chapter where\ninconsistent or in conflict with respect to the following enumerated\nsubjects:\n  1. Weights and dimensions of vehicles.\n  2. Parking, standing, stopping and backing of vehicles.\n  3. The prohibition or regulation of the use of any highway by\nparticular vehicles or classes or types thereof or devices moved by\nhuman power.\n  4. Charging of tolls, taxes, fees, licenses or permits for the use of\nthe highway or any of its parts, where the imposition thereof is\nauthorized by law.\n  5. Establishment of minimum speed limits at which vehicles may proceed\non or along such highways.\n  6. Operation of authorized emergency vehicles.\n  7. Control of persons and equipment engaged in work on the highway.\n  8. Hitchhiking and commercial activities.\n  9. Use of medial strips and dividing malls or sections and use of\nshoulders of the highway.\n  10. Right of way of vehicles and pedestrians.\n  11. Use of the highway by pedestrians, equestrians and animals.\n  12. Turning of vehicles.\n  13. Regulation of the direction of the movement of traffic and the use\nof traffic lanes.\n  14. Regulation of the use of horns, lights and other required\nequipment of vehicles.\n  15. Towing and pushing of vehicles, including, but not limited to, the\nestablishment of minimum insurance levels for and the licensing and\nregulation of persons engaged in the business of towing, and the fixing\nof maximum charges to be made by such persons for the towing and storage\nof disabled vehicles.\n  16. Objects projecting or hanging outside or on the top of vehicles.\n  17. Entering and driving off the highway, its roadways, medial strips,\ndividing malls and shoulders.\n  18. The prohibition or regulation of speed contests, races,\nexhibitions of speed, processions or parades.\n  19. Littering the highway.\n  20. Vehicles illegally parked, stopped or standing, or vehicles\ninvolved in accidents, including, but not limited to, the removal and\nstorage of such vehicles, the fixing of reasonable charges, to be paid\nby the owner, operator or person entitled to possession, for such\nremoval and storage and for other expenses incurred in connection\ntherewith, the creation of liens on such vehicles for such charges and\nexpenses, the enforcement of such liens, the determination of ownership\nor right to possession of such vehicles, the time before such vehicles\nare deemed abandoned vehicles pursuant to section twelve hundred\ntwenty-four of this chapter, and the disposition of the proceeds of\nsales held pursuant to said section.\n  21. Transportation of combustibles, chemicals, explosives,\ninflammables, or other dangerous substances, articles, compounds or\nmixtures, including, but not limited to, dangerous articles, as defined\nin section three hundred eighty of this chapter.\n  22. Traffic signal legend applicable to pedestrians and use of arrows.\n  23. Prohibit, restrict or regulate the operation of limited use\nvehicles on any street or highway.\n  24. Prohibition of the operation of motorcycles during the period\nbetween nine post meridian through eight ante meridian along designated\nstreets or parts of streets on which the properties fronting thereon are\nzoned for residential uses. Provided that notice of such prohibition\nshall be given by the posting of suitable signs at the entrance to each\nsuch street or part thereof and that no such prohibition shall apply to\na motorcycle being operated thereon for the purpose or as a direct\nincident of law enforcement; crime prevention; detection; prevention or\nrelief of any condition which may threaten the health, safety or welfare\nof persons or property; or direct travel to or from employment.\n  25. Parking, standing and stopping of vehicles registered pursuant to\nsection four hundred four-a of this chapter or those possessing a\nspecial vehicle identification parking permit issued in accordance with\nsection one thousand two hundred three-a of this chapter.\n  26. (a) With respect to highways (which term for the purposes of this\nparagraph shall include private roads open to public motor vehicle\ntraffic) in such city, other than state highways maintained by the state\non which the department of transportation shall have established higher\nor lower speed limits than the statutory fifty-five miles per hour speed\nlimit as provided in section sixteen hundred twenty of this title, or on\nwhich the department of transportation shall have designated that such\ncity shall not establish any maximum speed limit as provided in section\nsixteen hundred twenty-four of this title, subject to the limitations\nimposed by section sixteen hundred eighty-four of this title,\nestablishment of maximum speed limits at which vehicles may proceed\nwithin such city or within designated areas of such city higher or lower\nthan the fifty-five miles per hour maximum statutory limit. No such\nspeed limit applicable throughout such city or within designated areas\nof such city shall be established at less than twenty miles per hour,\nexcept that (i) school speed limits may be established at no less than\nfifteen miles per hour pursuant to the provisions of section sixteen\nhundred forty-three of this article, and (ii) on portions of highways\nthat consist of three or more vehicular travel lanes in the same\ndirection outside of New York county, speed limits shall be established\nat no less than twenty-five miles per hour.\n  (b) A city shall not lower or raise a speed limit pursuant to this\nparagraph unless such city provides written notice and an opportunity to\ncomment to the community board or community boards established pursuant\nto section twenty-eight hundred of the New York city charter with\njurisdiction over the area in which the lower or higher speed limit\nshall apply. Such notice may be provided by electronic mail and shall be\nprovided sixty days prior to the establishment of such lower or higher\nspeed limit and a community board may issue an advisory opinion prior to\nthe raising or lowering of such speed limit. Notwithstanding any\ninconsistent provision of this subdivision, a speed limit applicable\nthroughout such city shall only be lowered or raised pursuant to a local\nlaw.\n  27. (a) Establishment of maximum speed limits below twenty miles per\nhour at which motor vehicles may proceed on or along designated highways\nwithin such city for the explicit purpose of implementing traffic\ncalming measures as such term is defined herein; provided, however, that\nno speed limit shall be set below ten miles per hour nor shall such\nspeed limit be established where the traffic calming measure to be\nimplemented consists solely of a traffic control sign. Establishment of\nsuch a speed limit shall, where applicable, be in compliance with the\nprovisions of sections sixteen hundred twenty-four and sixteen hundred\neighty-four of this title. Nothing contained herein shall be deemed to\nalter or affect the establishment of school speed limits pursuant to the\nprovisions of section sixteen hundred forty-three of this article. For\nthe purposes of this paragraph, "traffic calming measures" shall mean\nany physical engineering measure or measures that reduce the negative\neffects of motor vehicle use, alter driver behavior and improve\nconditions for non-motorized street users such as pedestrians and\nbicyclists.\n  (b) Any city establishing maximum speed limits below twenty miles per\nhour pursuant to clause (i) of this subparagraph shall submit a report\nto the governor, the temporary president of the senate and the speaker\nof the assembly on or before March first, two thousand fifteen and\nbiannually thereafter on the results of using traffic calming measures\nand speed limits lower than twenty miles per hour as authorized by this\nparagraph. This report shall also be made available to the public by\nsuch city on its website. Such report shall include, but not be limited\nto the following:\n  (i) a description of the designated highways where traffic calming\nmeasures and a lower speed limit were established;\n  (ii) a description of the specific traffic calming measures used and\nthe maximum speed limit established;\n  (iii) an explanation of the reasons for setting lower speed limits,\nhow those lower speed limits comply with engineering standards, and how\nthey will ensure that motor vehicles can operate at safe speeds in a\nmanner that optimizes all road users' safety and convenience; and\n  (iv) a comparison of the aggregate type, number, and severity of\naccidents reported on streets on which street calming measures and lower\nspeed limits were implemented in the year preceding the implementation\nof such measures and policies and the year following the implementation\nof such measures and policies, to the extent this information is\nmaintained by any agency of the state or the city.\n  (b) The police commissioner of any such city may, in any emergency,\nsuspend within such city or any part thereof, for a period of\nforty-eight hours, any provision of title seven of this chapter or any\nlocal law, ordinance, order, rule or regulation adopted pursuant to this\narticle. In the event of any such suspension, the police commissioner\nshall forthwith give notice thereof to the official, board or agency of\nsuch city having jurisdiction to promulgate traffic regulations in\nrelation to any place affected by such suspension.\n
N.Y. EDN Law § 6705 — New York Code / Act EDN / Title 8 / Article 135 / Section 6705
Exempt persons
Status: in_force

§ 6705. Exempt persons. The following persons under the following\nlimitations may practice veterinary medicine within the state without a\nlicense:\n  1. Any commissioned veterinary medical officer serving in the United\nStates armed forces or in the United States Agricultural Research\nService while so commissioned, provided such practice is limited to such\nservice;\n  2. Any person rendering gratuitous services in cases of emergency;\n  3. Any veterinarian who is licensed in another state or country and\nwho is meeting a veterinarian licensed in this state for purposes of\nconsultation provided such practice is limited to such consultation;\n  4. Any veterinarian who is licensed in a bordering state and who\nresides near a border of this state, provided such practice is limited\nin this state to the vicinity of such border and provided such\nveterinarian does not maintain an office or place to meet patients or\nreceive calls within this state;\n  5. Any intern or resident who practices veterinary medicine in any\ncollege in this state offering a program in veterinary medicine\nregistered by the department, and who is a graduate of a school of\nveterinary medicine accredited in any state or country, provided such\npractice is limited to such duties as intern or resident and is under\nthe supervision of a licensed or otherwise authorized veterinarian.\n  6. Any faculty member who is a graduate of a school of veterinary\nmedicine accredited in any state or country and whose practice of\nveterinary medicine is incidental to his or her course of instruction\nwhile serving as a faculty member in a veterinary college offering a\nprogram registered by the department;\n  7. Any student who engages in clinical practice under supervision of a\nlicensed or otherwise authorized veterinarian in a school of veterinary\nmedicine in this state registered by the department.\n  8. Any dentist duly licensed in this state who provides dental care to\nan animal at the request and under the immediate personal supervision of\na licensed veterinarian.\n  9. Any student enrolled and in good standing in a school of veterinary\nmedicine approved by the commissioner, who practices under the general\nsupervision of a veterinarian licensed and registered under this\narticle; provided however, that only such students who have completed at\nleast two and one-half years in an approved veterinary program and\ncompleted all core didactic training may assist in diagnosis, treatment\nand surgery in such practice, subject to the following requirements: (a)\nassisting in diagnosis and surgery be under the immediate personal\nsupervision of such veterinarian; (b) assisting in treatment be under\nthe direct supervision of such veterinarian; and (c) only one such\nstudent shall be supervised, as specified in clauses (a) and (b) of this\nsubdivision, by one such veterinarian.\n  10. Any employee of a not-for-profit pound, shelter, duly incorporated\nsociety for the prevention of cruelty to animals, humane society or dog\nor cat protective association may insert a microchip for the purposes of\nidentification of any animal being held for adoption by such\norganization.\n  11. A veterinary graduate of an approved program engaging in clinical\npractice under the supervision, but not necessarily direct personal\nsupervision, of a licensed veterinarian, provided the graduate has\npassed the required state licensing examination and applied and paid a\nfee for the licensing. This exemption shall not extend beyond sixty days\nafter graduation.\n  12. A physician duly licensed to practice medicine in this state, who\nis board certified in an area of human medicine equivalent to the\nrequired veterinary specialty in cases in which a veterinary specialist\nin the area of medicine required for such animal's care does not exist,\nis not available, or cannot be procured in a timely fashion, who\nprovides medical care to a gibbon or siamang (Hylobatidae, Hylobates\nsp.), orangutan (Hominidae Pongindae, Pongo sp.), chimpanzee (Hominidae,\nHomininae Pan. sp.), gorilla (Hominidae, Homininae, Gorilla sp.),\nmacaque (Cercopithecidea, Cercopithecinae, Macaca sp.), baboon\n(Cercopithecidae, Cercopithecinae, Papio sp., Theropithecus sp.,\nMandrillus sp.), langur (Cercopithecidae, Colobinac, Presbytis sp.,\nTrachypithecus sp.), colobus monkey (Cercopithecidae, Colobinae, Colobus\nsp.) or guenon (Cercopithecidae, Cercopithecinae, Cercopithecus sp.)\nheld by a facility accredited by the American Zoo and Aquarium\nAssociation at the request of and under the immediate personal\nsupervision of a licensed veterinarian who has personally diagnosed the\ncondition to be treated or who has specifically delegated such duties to\nthe physician and who evaluates the services provided by such physician.\n  13. Any person certified and currently registered as a certified\neuthanasia technician pursuant to subdivision three of section three\nhundred seventy-four of the agriculture and markets law or any person\nundergoing training for such certification where such training is\nconducted in accordance with the requirements of such section, provided\nthat such practice is limited to such certification or training.\n  14. A veterinarian who is licensed in another state, and who is in\ngood standing in such state, providing services 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 veterinarian 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 veterinarian\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 subdivision 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 veterinarian in New York state pursuant\nto this subdivision shall be subject to the personal and subject matter\njurisdiction and disciplinary and regulatory authority of the board of\nregents as if he or she is a licensee and as if the exemption pursuant\nto this subdivision is a license. Such individual shall comply with\napplicable provisions of the rules of the board of regents, and the\nregulations of the commissioner, relating to professional misconduct,\ndisciplinary proceedings and penalties for professional misconduct.\n  15. A veterinarian who is licensed in another state, and who is in\ngood standing in such state, providing services during an emergency or\nnatural disaster within the scope and location of assigned veterinary\nmedical duties of the response efforts if: (a) an official declaration\nof the disaster or emergency has been made by the governor or the\ndelegated state official; and (b) an official invitation has been\nextended to the veterinarian 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\nveterinarian in New York state pursuant to this subdivision shall be\nsubject to the personal and subject matter jurisdiction and disciplinary\nand regulatory authority of the board of regents as if he or she is a\nlicensee and as if the exemption pursuant to this subdivision is a\nlicense. Such individual shall comply with applicable provisions of the\nrules of the board of regents, and the regulations of the commissioner,\nrelating to professional misconduct, disciplinary proceedings and\npenalties for professional misconduct.\n
N.Y. VAT Law § 1685 — New York Code / Act VAT / Title 8 / Article 44 / Section 1685
All vehicles must stop or yield at certain railroad grade crossings where a stop or yield sign is erected
Status: in_force

§ 1685. All vehicles must stop or yield at certain railroad grade\ncrossings where a stop or yield sign is erected. The state\ntransportation commissioner, with respect to state highways, and local\nauthorities with respect to local streets within their jurisdiction,\nwith the approval of the state transportation commissioner are hereby\nauthorized to install a stop or yield sign at any highway-railroad\ncrossings within their respective jurisdictions.\n  The design and place and manner of installation of such signs shall\nconform to the manual and specifications for a uniform system of traffic\ncontrol devices adopted by the state transportation commissioner.\n  Whenever any such crossing is so designated and a stop or yield sign\nis installed, it shall be unlawful for the driver of any vehicle to fail\nto stop or yield within fifty feet but not less than fifteen feet from\nsuch railroad tracks before traversing such crossing. The failure to\nerect, or the erection of, or failure to replace or maintain such signs\nshall not be a basis for any action of negligence against a municipality\nor the state nor a basis of a defense by a railroad in an action based\non negligence against a railroad.\n
N.Y. VAT Law § 1706 — New York Code / Act VAT / Title 8 / Article 44-C / Section 1706
Reporting
Status: in_force

§ 1706. Reporting. Beginning one year after the operation date and\nevery two years thereafter, the Triborough bridge and tunnel authority,\nin consultation with the city department of transportation shall report\non the effect of the central business district tolling program on\ntraffic congestion in and around the central business district and on\nmass transit use and taxi and for-hire vehicle use including the\nvehicle-miles traveled for each trip within the central business\ndistrict for taxis and for-hire vehicles; the current and historic\nvolume and type of vehicles including, but not limited to, commercial\ntrucks, transportation network companies, taxis, private cars, and tour\nbuses, entering the central business district; environmental\nimprovements, including but not limited to, air quality, and emissions\ntrends in and around the central business district; congestion reduction\nmeasures; and transit ridership and average bus speeds within the\ncentral business district, and on all receipts and expenditures relating\nto the central business district tolling program. The department of\ntransportation of the city of New York shall be required to assist in\ngathering and providing to the Triborough bridge and tunnel authority\ntraffic impact data and other related data as directed by the Triborough\nbridge and tunnel authority for purposes of compiling such report. The\nreport shall be readily available to the public, and shall be posted on\nthe authority's website and be submitted to the governor, the director\nof the budget, the temporary president of the senate, the speaker of the\nassembly, the mayor and council speaker of the city of New York, the\nmetropolitan transportation authority board and the metropolitan\ntransportation authority capital program review board.\n
N.Y. ENV Law § 17-0825 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0825
Discharges of industrial waste to publicly owned treatment works
Status: in_force

§ 17-0825. Discharges of industrial waste to publicly owned treatment\n             works.\n  Persons discharging industrial waste to a publicly owned treatment\nworks shall comply with toxic effluent standards and pretreatment\nstandards and to monitoring, reporting, recording, sampling and entry\nrequirements provided by the Act or adopted pursuant thereto.\n
N.Y. EDN Law § 6816 — New York Code / Act EDN / Title 8 / Article 137 / Section 6816
Omitting to label drugs, or labeling them wrongly
Status: in_force

§ 6816. Omitting to label drugs, or labeling them wrongly.  1. a. Any\nperson, who, in putting up any drug, medicine, or food or preparation\nused in medical practice, or making up any prescription, or filling any\norder for drugs, medicines, food or preparation puts any untrue label,\nstamp or other designation of contents upon any box, bottle or other\npackage containing a drug, medicine, food or preparation used in medical\npractice, or substitutes or dispenses a different article for or in lieu\nof any article prescribed, ordered, or demanded, except where required\npursuant to section sixty-eight hundred sixteen-a of this article, or\nputs up a greater or lesser quantity of any ingredient specified in any\nsuch prescription, order or demand than that prescribed, ordered or\ndemanded, except where required pursuant to paragraph (g) of subdivision\ntwo of section three hundred sixty-five-a of the social services law, or\notherwise deviates from the terms of the prescription, order or demand\nby substituting one drug for another, except where required pursuant to\nsection sixty-eight hundred sixteen-a of this article, is guilty of a\nmisdemeanor; provided, however, that except in the case of physicians'\nprescriptions, nothing herein contained shall be deemed or construed to\nprevent or impair or in any manner affect the right of an apothecary,\ndruggist, pharmacist or other person to recommend the purchase of an\narticle other than that ordered, required or demanded, but of a similar\nnature, or to sell such other article in place or in lieu of an article\nordered, required or demanded, with the knowledge and consent of the\npurchaser. Upon a second conviction for a violation of this section the\noffender must be sentenced to the payment of a fine not to exceed one\nthousand dollars and may be sentenced to imprisonment for a term not to\nexceed one year. The third conviction of a violation of any of the\nprovisions of this section, in addition to rendering the offender liable\nto the penalty prescribed by law for a second conviction, shall forfeit\nany right which he may possess under the law of this state at the time\nof such conviction, to engage as proprietor, agent, employee or\notherwise, in the business of an apothecary, pharmacist, or druggist, or\nto compound, prepare or dispense prescriptions or orders for drugs,\nmedicines or foods or preparations used in medical practice; and the\noffender shall be by reason of such conviction disqualified from\nengaging in any such business as proprietor, agent, employee or\notherwise or compounding, preparing or dispensing medical prescriptions\nor orders for drugs, medicines, or foods or preparations used in medical\npractice.\n  b. The provisions of this section shall not apply to the practice of a\npractitioner who is not the proprietor of a store for the dispensing or\nretailing of drugs, medicines and poisons, or who is not in the employ\nof such a proprietor, and shall not prevent practitioners from supplying\ntheir patients with such articles as they may deem proper, and except as\nto the labeling of poisons shall not apply to the sale of medicines or\npoisons at wholesale when not for the use or consumption by the\npurchaser; provided, however, that the sale of medicines or poisons at\nwholesale shall continue to be subject to such regulations as from time\nto time may be lawfully made by the board of pharmacy or by any\ncompetent board of health.\n  c. The provisions of this section shall not apply to a limited\npharmacy which prepares a formulary containing the brand names and the\ngeneric names of drugs and of manufacturers which it stocks, provided\nthat it furnishes a copy of such formulary to each physician on its\nstaff and the physician signs a statement authorizing the hospital to\nsupply the drug under any generic or non-proprietary name listed therein\nand in conformity with the regulations of the commissioner of education.\n  2. For the purposes set forth in this section, the terms prescription,\norder or demand shall apply only to those items subject to provisions of\nsubdivision one of section sixty-eight hundred ten of this chapter. The\nwritten order of a physician for items not subject to provisions of\nsubdivision one of section sixty-eight hundred ten of this chapter shall\nbe construed to be a direction, a fiscal order or a voucher.\n
N.Y. EDN Law § 7008 — New York Code / Act EDN / Title 8 / Article 141 / Section 7008
Limited residency permits and limited fellowship permits
Status: in_force

§ 7008. Limited residency permits and limited fellowship permits. 1.\nLimited residency permits and limited fellowship permits may be issued\nby the department to graduates of a program of professional education in\npodiatry registered by the department or accredited by an accrediting\nagency acceptable to the department.\n  2. Such permits shall allow a resident or fellow in podiatric medicine\nparticipating in an approved post-graduate residency or fellowship\nprogram to perform such duties, tasks and functions that are required\nfor successful completion of such program under the administrative\nsupervision of a licensed podiatrist serving as the residency or\nfellowship director, as applicable, in a hospital or health care\nfacility licensed pursuant to article twenty-eight of the public health\nlaw. At any time during the residency or fellowship, a licensed\nphysician or a licensed podiatrist may provide direct personal\nsupervision of activities which he or she is authorized and competent to\nprovide in the approved facility; provided, however, when the resident's\nor fellow's training involves practice beyond that authorized in section\nseven thousand one of this article, a licensed physician shall provide\ndirect personal supervision. For the purposes of this section, direct\npersonal supervision means supervision of procedures based on\ninstructions given directly by a licensed physician or licensed\npodiatrist, as applicable, who remains in the immediate area where the\nprocedures are being performed, authorizes the procedures and evaluates\nthe procedures performed by the podiatric resident or fellow.\n  3. Such permit shall be issued for three years and may be renewed at\nthe discretion of the department for additional one-year periods when\nnecessary to permit the completion of an approved post-graduate\nresidency or fellowship in podiatric medicine.\n  4. The fee for a limited residency permit or a limited fellowship\npermit shall be one hundred five dollars and the fee for a renewal shall\nbe fifty dollars.\n
N.Y. PBA Law § 1199-GGG — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-GGG
Transfer of officers and employees
Status: in_force

§ 1199-ggg. Transfer of officers and employees. Any public officer or\nemployee under civil service who is selected by the authority may, with\nthe consent of the commission, board, department or municipality by\nwhich he or she has been employed, be transferred to the authority and\nshall be eligible for such transfer and appointment without examination\nto comparable offices, positions and employment under the authority,\npursuant to the provisions of this section, who are members of or\nbeneficiaries under any existing pension or retirement fund or system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are now prescribed by law, but\nduring the period of their employment by the authority, all\ncontributions to any such fund or system to be paid by the employer on\naccount of such officers and employees, shall be paid by the authority.\nAll such officers and employees so transferred to the authority who have\nbeen appointed to positions under the rules and classifications of the\ncivil service commission shall have the same status with respect thereto\nafter transfer to the authority as they had under their original\nappointments.  The appointment and promotion of all employees of the\nauthority shall be made in accordance with the provisions of the civil\nservice law and such rules as the civil service commission may adopt and\nmake applicable to the authority.\n
N.Y. VAT Law § 1631 — New York Code / Act VAT / Title 8 / Article 38 / Section 1631
Additional traffic regulation on the New York state thruway
Status: in_force

§ 1631. Additional traffic regulation on the New York state thruway.\nIn addition to the other powers granted by this article, the New York\nstate thruway authority may by order, rule or regulation prohibit or\nregulate overtaking and passing on the New York state thruway. Any such\norder, rule or regulation shall supersede the provisions of section\neleven hundred twenty-three.\n
N.Y. EDN Law § 6513 — New York Code / Act EDN / Title 8 / Article 130* / Section 6513
Unauthorized use of a professional title a crime
Status: in_force

§ 6513. Unauthorized use of a professional title a crime.  1. Anyone\nnot authorized to use a professional title regulated by this title, and\nwho uses such professional title, shall be guilty of a class A\nmisdemeanor.\n  2. Anyone who knowingly aids or abets three or more persons not\nauthorized to use a professional title regulated by this title, to use\nsuch professional title, or knowingly employs three or more persons not\nauthorized to use a professional title regulated by this title, who use\nsuch professional title in the course of such employment, shall be\nguilty of a class E felony.\n
N.Y. EDN Law § 8706 — New York Code / Act EDN / Title 8 / Article 166 / Section 8706
Limited permits
Status: in_force

§ 8706. 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  (a) a person who fulfills all requirements for a license as a\nprofessional medical physicist except those relating to examination or\nexperience; or\n  (b) a medical physics student enrolled in a graduate or post-graduate\ncurriculum approved by the department;\n  2. Limit of practice. A permittee shall be authorized to practice\nmedical physics only under the direct and immediate supervision of a\nprofessional medical physicist and only in the specialty of such\nprofessional medical physicist;\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. Fee. The fee for each limited permit and for each renewal shall be\nsixty dollars.\n
N.Y. VAT Law § 1704-A — New York Code / Act VAT / Title 8 / Article 44-C / Section 1704-A
Central business district toll
Status: in_force

§ 1704-a. Central business district toll. 1. Consistent with the goals\nof reducing traffic congestion within the central business district and\nfunding capital projects the Triborough bridge and tunnel authority\nshall have the power, subject to agreements with its bondholders, and\napplicable federal law to establish and charge variable tolls and fees\nfor vehicles entering or remaining in the central business district at\nany time and shall have the power, subject to agreements with\nbondholders, and applicable federal law to make rules and regulations\nfor the establishment and collection of central business district tolls,\nfees, and other charges. For purposes of establishing a central business\ndistrict toll or tolls the board shall, at minimum, ensure annual\nrevenues and fees collected under such program, less costs of operation\nof the same, provide for sufficient revenues into the central business\ndistrict tolling capital lockbox fund, established pursuant to section\nfive hundred fifty-three-j of the public authorities law necessary to\nfund fifteen billion dollars for capital projects for the 2020 to 2024\nMTA capital program, and any additional revenues above that amount to be\navailable for any successor programs. Additionally, no toll may be\nestablished and charged on passenger vehicles registered pursuant to\nsubdivision six of section four hundred one of this chapter more than\nonce per day for purposes of entering the central business district.\n  2. No qualifying authorized emergency vehicle as defined pursuant to\nsection one hundred one of this chapter or a qualifying vehicle\ntransporting a person with disabilities shall be charged a central\nbusiness district toll if it enters or remains in the central business\ndistrict. Application for such toll exemption shall be made in such\nmanner as prescribed by the Triborough bridge and tunnel authority and\nshall contain such information as the authority may reasonably require.\n  3. (a) The Triborough bridge and tunnel authority shall implement a\nplan for credits, discounts and/or exemptions for tolls paid on bridges\nand crossings informed by the recommendations of the traffic mobility\nreview board.\n  (b) The Triborough bridge and tunnel authority shall be authorized to\nprovide additional credits, discounts and exemptions informed by the\nrecommendations of the traffic mobility review board and a traffic study\nthat considers impact.\n  4. The Triborough bridge and tunnel authority shall implement a plan\nto address credits, discounts, and/or exemptions for for-hire vehicles\nas defined by, and subject to a surcharge imposed by, article\ntwenty-nine-C of the tax law for a for-hire transportation trip,\ninformed by the recommendation of the traffic mobility review board.\n
N.Y. ENV Law § 24-0801 — New York Code / Act ENV / Article 24 / Title 8 / Section 24-0801
Permits for wetlands in the Adirondack park
Status: in_force

§ 24-0801. Permits for wetlands in the Adirondack park.\n  1. As used in this title, the term "freshwater wetlands", in addition\nto its meaning under section 24-0107 of this article, shall mean\n"wetlands" as defined in subdivision sixty-eight of section eight\nhundred two of article twenty-seven of the executive law.\n  2. Where the activities otherwise subject to regulation under this\narticle involve freshwater wetlands located within the boundaries of the\nAdirondack park, the inquiries referred to and the applications provided\nfor in section 24-0703 of this article shall be made to and filed with\nthe Adirondack park agency at its headquarters office, under such\nregulations and procedures as the Adirondack park agency may promulgate.\nThe Adirondack park agency shall review the application in place of the\ncommissioner or local government as provided in section 24-0705 of this\narticle, having due regard for the declaration of policy and statement\nof findings set forth in this article and for the considerations set\nforth in subdivision one of section 24-0705 of this article. The agency\nshall in addition determine prior to the granting of any permit that the\nproposed activity will be consistent with the Adirondack park land use\nand development plan and would not have an undue adverse impact upon the\nnatural, scenic, aesthetic, ecological, wildlife, historic, recreational\nor open space resources of the park, taking into account the economic\nand social or other benefits to be derived from the activity. Any person\nmay seek review of a ruling made solely pursuant to the provisions of\nthis article by the Adirondack park agency pursuant to the provisions of\narticle seventy-eight of the civil practice law and rules.\n
N.Y. VAT Law § 1640-E*2 — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-E*2
Residential parking system in the city of Ithaca in the county of Tompkins
Status: in_force

* § 1640-e. Residential parking system in the city of Ithaca in the\ncounty of Tompkins. 1. Notwithstanding the provisions of any law to the\ncontrary, the common council of the city of Ithaca 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 for\npublic highways within the city, and exclusive of any highways located\nwithin Cornell University, as follows:\n  (a) in the area bounded by the following roadways and corporate\nboundaries:\n  (i) East State Street from Cornell Street to Giles Street;\n  (ii) Giles Street to Water Street;\n  (iii) Water Street to East State Street;\n  (iv) East State Street from Water Street to Seneca Way;\n  (v) Seneca Way from East State Street to East Seneca Street;\n  (vi) East Seneca Street from Seneca Way to Parker Street;\n  (vii) Parker Street to Terrace Place;\n  (viii) Terrace Place to Linn Street;\n  (ix) Linn Street from East Court Street to University Avenue;\n  (x) University Avenue from Linn Street to Willard Way;\n  (xi) Willard Way from University Avenue to Stewart Avenue;\n  (xii) Stewart Avenue from Willard Way to the corporate boundary\nbetween the city of Ithaca and the village of Cayuga Heights;\n  (xiii) following the corporate boundary between the city of Ithaca and\nthe village of Cayuga Heights east to the corporate boundary between the\ncity of Ithaca and the town of Ithaca;\n  (xiv) following the corporate boundary between the city of Ithaca and\nthe town of Ithaca south to East State Street; and\n  (xv) East State Street from the corporate boundary to Giles Street;\nand\n  (b) consisting of the following roadways:\n  (i) Treva Avenue west of Water Street;\n  (ii) Valentine Place south of East State Street;\n  (iii) Quarry Street south of East State Street;\n  (iv) Ferris Place south of East State Street;\n  (v) Linn Street north of Terrace Place to Farm Street;\n  (vi) Lake Street north of University Avenue to the north property line\nof tax map parcel 28-4-7; and\n  (vii) Willard Way and Willard Way Loop north of University Avenue.\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 city unless otherwise specified in such local law.\n  5. No ordinance shall be adopted pursuant to this section until a pub-\nlic hearing thereon has been had in the same manner as required for pub-\nlic hearings on a local law pursuant to the municipal home rule law.\n  * NB There are 2 § 1640-e's\n
N.Y. EDN Law § 6636 — New York Code / Act EDN / Title 8 / Article 134 / Section 6636
Exempt persons
Status: in_force

§ 6636. Exempt persons. This article shall not prohibit:\n  1. The practice of perfusion by any student who is engaged in clinical\ntraining in a general hospital licensed pursuant to article twenty-eight\nof the public health law or during the transport of patients or organs\nsupported by extracorporeal or intracorporeal equipment and who is\nenrolled in a perfusion program approved by the department, provided\nsuch practice is limited to such clinical training which shall be\ncarried out under the direct supervision of a licensed perfusionist and\npursuant to the order and direction of a physician; or\n  2. The performance of any of the tasks or responsibilities included in\nthe definition of perfusion by any other person licensed under this\ntitle, provided that such tasks or responsibilities are authorized by\nthe article governing the profession pursuant to which said person is\nlicensed; or\n  3. The practice of perfusion by any legally qualified perfusionist of\nany other state or territory who is serving in the armed forces or the\npublic health service of the United States or who is employed by the\nveterans administration, while engaged in the performance of his or her\nduties.\n
N.Y. LAB Law § 624 — New York Code / Act LAB / Article 18 / Title 8 / Section 624
Appeals to courts
Status: in_force

§ 624. Appeals to courts. Within thirty days after the mailing or\npersonal delivery of notice of a decision by the appeal board, the\ncommissioner or any other party affected thereby who appeared at the\nappeal before the board may appeal questions of law involved in such\ndecision to the appellate division of the supreme court, third\ndepartment. The board may also, in its discretion, certify to such court\nquestions of law involved in its decisions.  Such appeals and the\nquestions so certified shall be heard in a summary manner and shall have\nprecedence over all other civil cases in such court except cases arising\nunder the workmen's compensation law. The commissioner shall be\nrepresented in court by the attorney-general without additional\ncompensation. An appeal may be taken from the decision of such court to\nthe court of appeals in the same manner and subject to the same\nlimitations, not inconsistent herewith, as is provided for in civil\naction. It shall not be necessary to file exception to the rulings of\nthe appeal board. No bond shall be required to be filed upon an appeal\nto the appellate division or to the court of appeals, except as\nhereinafter provided. Upon final determination of an appeal, the appeal\nboard shall enter an order in accordance with such determination.\n
N.Y. VAT Law § 1702 — New York Code / Act VAT / Title 8 / Article 44-C / Section 1702
Short title
Status: in_force

§ 1702. Short title. This act shall be known as and may be cited as\n"the traffic mobility act".\n
N.Y. PBA Law § 1835-C — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5-A / Section 1835-C
Loans to lenders
Status: in_force

§ 1835-c. Loans to lenders. 1. The authority shall have the power and\nis hereby authorized to make and contract to make loans to lenders on\nsuch terms and conditions as it shall determine, and all lenders are\nauthorized to borrow from the authority in accordance with the\nprovisions of this section and upon such terms and conditions as the\nauthority may impose, provided that the business development corporation\nestablished under article five-A of the banking law shall receive no\nmore than five million dollars and any other lender shall receive no\nmore than two million dollars in loans to lenders from the authority in\nany twelve month period.\n  2. The authority shall require as a condition of each loan to a lender\nthat such lender enter into written commitments to make within such\nperiod of time as the authority may require loans for agricultural\nbusiness projects in accordance with the standards and criteria\nprescribed by the authority. Such loans for agricultural business\nprojects shall be in an aggregate principal amount equal to the amount\nof such loan to the lender and shall require the disbursement of such\nloan proceeds by the lender to borrowers to pay the costs of such\nprojects; provided that no borrower shall receive more than two hundred\nthousand dollars in loans for agricultural business projects that are\nfinanced by loans to lenders from the authority in any twelve month\nperiod.\n  3. The authority shall require the submission to it by each lender to\nwhich the authority has made a loan to lender such documentation and\nother evidence satisfactory to the authority that the lender has made\nloans for agricultural business projects in accordance with the\nstandards and criteria prescribed by the authority, and in this\nconnection the authority through its members, agents and employees may\ninspect the books and records of such lender.\n  4. The authority shall require that each lender receiving a loan to\nlender pursuant to this section shall issue and deliver to the authority\nan evidence of its indebtedness to the authority which shall constitute\nan unconditional obligation of such lender and shall bear such date or\ndates, shall mature at such times or times, shall be subject to\nprepayment and shall contain such other provisions consistent with this\nsubtitle as the authority shall require.\n  5. Notwithstanding any other provision of this subtitle, the interest\nrate and other terms of loans to lenders made from the proceeds of any\nissue of loans to lenders bonds or notes of the authority shall be at\nleast sufficient to assure the payment of principal, redemption premium,\nif any, and interest on such bonds and notes as the same become due and\npayable.\n  6. The authority may require that loans to lenders made pursuant to\nthis subtitle shall be secured as to the payment of both principal and\ninterest by a pledge of collateral security in such amounts as the\nauthority may determine to be necessary to assure the payment of such\nloans and the interest thereon as the same become due and payable. Such\ncollateral security may consist of (a) obligations of or guaranteed by\nthe United States of America, (b) obligations of the state or\nobligations the principal and interest of which are guaranteed by the\nstate, excluding any obligations of the authority, (c) obligations of\nany corporation wholly owned by the United States of America, (d)\nobligations of any corporation sponsored by the United States of America\nwhich are or may become eligible as collateral for advances to member\nbanks as determined by the board of governors of the federal reserve\nsystem, or (e) certificates of deposit or time deposits secured in such\nmanner, if any, as the authority shall determine.\n  7. The authority may require that any collateral security for loans to\nlenders be deposited with a bank, trust company or other financial\ninstitution (other than the lender pledging such collateral security)\nwhich shall be located in the state and designated by the authority as\ncustodian therefor or may require each lender to enter into an agreement\nwith the authority containing such provisions as the authority shall\nrequire to (a) adequately identify and maintain such collateral\nsecurity, (b) service such collateral security, and (c) require the\nlender to hold such collateral security in trust for the authority and\nbe accountable to the authority as the trustee of an express trust. The\nauthority may also establish such additional requirements as it shall\ndeem necessary with respect to the pledging, assigning, setting aside or\nholding of such collateral security and the making of substitutions of\nor additions thereto and the disposition of income and receipts\ntherefrom.\n  8. The authority may require as a condition of any loans to lenders\nsuch representations and warranties as it shall determine to be\nnecessary to secure such loans and carry out the purposes of this\nsubtitle, and may make and execute contracts for the administration,\nservicing or collection of any loans to lenders or other financing with\na lender and may pay the reasonable value of services rendered to the\nauthority pursuant to such contracts.\n
N.Y. EDN Law § 6514 — New York Code / Act EDN / Title 8 / Article 130* / Section 6514
Criminal proceedings
Status: in_force

§ 6514. Criminal proceedings. 1. All alleged violations of sections\nsixty-five hundred twelve or sixty-five hundred thirteen of this article\nshall be reported to the department which shall cause an investigation\nto be instituted.  All alleged violations of section sixty-five hundred\nthirty-one of the education law shall be reported to the department of\nhealth which shall cause an investigation to be instituted. If the\ninvestigation substantiates that violations exist, such violations shall\nbe reported to the attorney general with a request for prosecution.\n  2. The attorney general shall prosecute such alleged offenses in the\nname of the state, provided, however, in the event of alleged violations\nof article one hundred fifty-five of this title, a district attorney may\nprosecute such alleged offenses in the name of the state provided,\nhowever, that any district attorney may prosecute such offenses where\nthey are incidental to a criminal prosecution instituted by him under\nother statutes.\n  3. All criminal courts having jurisdiction over misdemeanors are\nhereby empowered to hear, try and determine alleged violations under\nthis title, which constitute misdemeanors, without indictment and to\nimpose applicable punishment of fines or imprisonments or both. It shall\nbe necessary to prove in any prosecution under this title only a single\nprohibited act or a single holding out without proving a general course\nof conduct.\n  4. A proceeding before a committee on professional conduct shall not\nbe deemed to be a criminal proceeding within the meaning of this\nsection.\n
N.Y. EDN Law § 6546 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6546
Limited permits
Status: in_force

§  6546. Limited permits. Permits limited as to eligibility, practice\nand duration, shall be issued by the department to eligible applicants,\nas follows:\n  1. Eligibility. A person who fulfills all requirements to be licensed\nas a physician assistant except that relating to the examination shall\nbe eligible for a limited permit.\n  2. Limit of practice. A permittee shall be authorized to practice as a\nphysician assistant only under the direct supervision of a physician.\n  3. Duration. A limited permit shall expire one year from the date of\nissuance or upon notice to the permittee by the department that the\napplication for a license has been denied. A limited permit shall be\nextended upon application for one additional year, provided that the\npermittee's request for such extension is endorsed by a physician who\neither has supervised or will supervise the permittee, except that such\nextension may be denied by the department for cause which shall be\nstated in writing. If the permittee is awaiting the results of a\nlicensing examination at the time such limited permit expires, such\npermit shall continue to be valid until ten days after notification to\nthe permittee of the result of such examination.\n  4. Fees. The fee for each limited permit shall be one hundred five\ndollars.\n
N.Y. PBA Law § 1570-P — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-P
Actions against the authority
Status: in_force

§ 1570-p. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority, its members, officers or employees for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) notice of claims shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, and (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based. An action against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county of\nWestchester.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in the supreme court of the county of Westchester.\n
N.Y. PBA Law § 1197-L — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-L
Agreement with the state
Status: in_force

§ 1197-l. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to fulfill the terms of any agreement made with\nor for the benefit of the holders of bonds or in any way impair the\nrights and remedies of bondholders until the bonds together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of such holders, are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with bondholders.\n
N.Y. EDN Law § 8806 — New York Code / Act EDN / Title 8 / Article 167 / Section 8806
Limited permits
Status: in_force

§ 8806. Limited permits. The following requirements for a limited\npermit shall apply to all professions licensed or certified pursuant to\nthis article:\n  1. The department may issue a limited permit to an applicant who meets\nall qualifications for licensure, except the examination and/or\nexperience requirements, in accordance with regulations promulgated\ntherefor.\n  2. Limited permits shall be for one year; such limited permits may be\nrenewed, at the discretion of the department, for one additional year.\n  3. The fee for each limited permit and for each renewal shall be\nseventy dollars.\n  4. A limited permit holder shall practice only under supervision as\ndetermined in accordance with the commissioner's regulations.\n
N.Y. PBA Law § 708 — New York Code / Act PBA / Article 3 / Title 8 / Section 708
State and county of Saint Lawrence not liable on bonds
Status: in_force

§ 708. State and county of Saint Lawrence not liable on bonds.  The\nbonds and other obligations of the authority shall not be a debt of the\ncounty of Saint Lawrence or of the state of New York, and neither such\ncounty nor the state shall be liable thereon, nor shall the bonds or\nother obligations of the authority be payable from any funds other than\nthose of the authority.\n
N.Y. EDN Law § 8501 — New York Code / Act EDN / Title 8 / Article 164 / Section 8501
Definition of the practice of respiratory therapy
Status: in_force

§ 8501. Definition of the practice of respiratory therapy. The\npractice of the profession of respiratory therapy, which shall be\nundertaken pursuant to the direction of a duly licensed physician, is\ndefined as the performance of cardiopulmonary evaluation, respiratory\ntherapy treatment techniques, and education of the patient, family and\npublic.\n  1. Evaluation shall include the acquisition, analysis and\ninterpretation of data obtained from physiological specimens, performing\ndiagnostic tests, studies and research of the cardiopulmonary system and\nneurophysiological studies related to respiratory care.\n  2. Therapy shall include the application and monitoring of medical\ngases (excluding anesthetic gases) and environmental control systems,\nmechanical ventilatory support, artificial airway care, bronchopulmonary\nhygiene, pharmacologic agents related to respiratory care procedures,\nand cardiopulmonary rehabilitation related and limited to respiratory\ncare.\n  3. Respiratory therapy services may be performed pursuant to a\nprescription of a licensed physician or certified nurse practitioner.\n
N.Y. EDN Law § 6544 — New York Code / Act EDN / Title 8 / Article 131-B / Section 6544
Regulations
Status: in_force

§  6544. Regulations. The commissioner may promulgate such other\nregulations as are necessary to carry out the purposes of this article.\n
N.Y. EDN Law § 8408 — New York Code / Act EDN / Title 8 / Article 163 / Section 8408
Hospital privileges
Status: in_force

§ 8408. Hospital privileges. Nothing herein contained shall be deemed\nto authorize, grant, or extend hospital privileges to individuals\nlicensed under this article.\n
N.Y. SOS Law § 446 — New York Code / Act SOS / Article 6 / Title 8 / Section 446
Statewide automated child welfare information system
Status: in_force

§ 446. Statewide automated child welfare information system. (1) The\ndepartment shall promulgate regulations required to implement federal\nrequirements for the establishment and administration of a statewide\nautomated child welfare information system as required by applicable\nfederal statute and regulation. The regulations shall set forth\nstandards for the timely submission of data elements relating to child\nwelfare services, including foster care, adoption assistance, preventive\nservices, child protective services and other family preservation and\nfamily support services.\n  (2) The statewide automated child welfare information system shall be\ndesigned to improve convenience to consumers of services and reduce the\nadministrative burden of child welfare workers of social services\ndistricts and their contracted agencies which provide direct services.\nThe statewide automated child welfare information system shall be\ndesigned to provide computers to the majority of individual child\nwelfare workers of social services districts and their contracted\nagencies which provide direct child welfare services, allow such workers\nand agencies to communicate with and enter information directly into the\nstatewide automated child welfare information system while preparing\nrequired documents and eliminate duplicate entry of information and\npreparation of documents, and allow for direct determination of claims\nand sanctions. The department shall immediately expand the existing\nadvisory group of consumers, social services districts and their\ncontracted agencies and other persons with expertise in child welfare.\nThe statewide automated child welfare information system shall be\ndesigned to permit communication with the family courts and to protect\nthe confidentiality of individuals as prescribed by this chapter.\n
N.Y. EDN Law § 8605 — New York Code / Act EDN / Title 8 / Article 165 / Section 8605
Requirements for a license as a clinical laboratory technologist or cytotechnologist
Status: in_force

§ 8605. Requirements for a license as a clinical laboratory\ntechnologist or cytotechnologist. To qualify for a license as a clinical\nlaboratory technology practitioner under one of the titles defined in\nsubdivision two of section eighty-six hundred one of this article, an\napplicant shall fulfill the particular requirements of a subdivision of\nthis section applicable to the license and title sought by the\napplicant:\n  1. Licensure as a clinical laboratory technologist.\n  (a) Application: file an application with the department;\n  (b) Education: have received an education, including a bachelor's\ndegree in clinical laboratory technology from a program registered by\nthe department or determined by the department to be the substantial\nequivalent or a clinical laboratory technology program accredited by a\nnational accrediting organization acceptable to the department, or have\nreceived a bachelor's degree that includes a minimum number of credit\nhours in the sciences and received appropriate clinical education in an\naccredited clinical laboratory technology program or a program to be\ndetermined by the department to be the substantial equivalent;\n  (b-1) Alternatives to education:\n  (i) In lieu of requirements specified in paragraph (b) of this\nsubdivision the department may accept:\n  (1) current clinical laboratory technology certification by a national\ncertification organization acceptable to the department; or\n  (2) clinical laboratory technology licensure in a jurisdiction\nacceptable to the department;\n  (ii) In lieu of requirements specified in paragraph (b) of this\nsubdivision the department may accept, a bachelor's degree in a natural\nscience or a clinical laboratory science and coursework acceptable to\nthe department and:\n  (1) two years' experience in a clinical laboratory while licensed as a\nclinical laboratory technician in New York or another jurisdiction\nacceptable to the department; or\n  (2) two years' experience in a clinical laboratory while certified as\na clinical laboratory technician by a national certification\norganization acceptable to the department.\n  (c) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (d) Age: be at least eighteen years of age;\n  (e) Character: be of good moral character as determined by the\ndepartment; and\n  (f) 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  2. Licensure as a cytotechnologist.\n  (a) Application: file an application with the department;\n  (b) Education: have received an education, including a bachelor's\ndegree in cytotechnology from a program registered by the department or\ndetermined by the department to be the substantial equivalent, or have\nreceived a bachelor's degree that includes a minimum number of credit\nhours in the sciences and received appropriate clinical education in an\naccredited cytotechnology program or a program determined by the\ndepartment to be the substantial equivalent;\n  (b-1) Alternatives to education: in lieu of requirements specified in\nparagraph (b) of this subdivision the department may accept:\n  (i) current cytotechnology certification by a national certification\norganization acceptable to the department; or\n  (ii) cytotechnology licensure in a jurisdiction acceptable to the\ndepartment.\n  (c) Examination: pass an examination acceptable to the board and in\naccordance with the commissioner's regulations;\n  (d) Age: be at least eighteen years of age;\n  (e) Character: be of good moral character as determined by the\ndepartment; and\n  (f) 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 § 1834 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1834
Inconsistent provisions of other acts superseded
Status: in_force

§ 1834. Inconsistent provisions of other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, the provisions of this title shall be\ncontrolling.\n
N.Y. PBA Law § 1199-X — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-X
Effect of inconsistent provisions
Status: in_force

§ 1199-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of the county, or other municipality, the provisions of\nthis title shall be controlling. Nothing contained in this section shall\nbe held to supplement or otherwise expand the powers or duties of the\nauthority otherwise set forth in this title.\n