NY Educ L § 6503-A (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 130* - General Provisions Sub Art. 1 - Introductory Summary. 6503-A - Waiver for Entities Providing Certain Professional Services.

§ 6503-a. Waiver for entities providing certain professional services. 1.  a.  Notwithstanding  any laws to the contrary, except as provided in subdivision two of this section, a not-for-profit corporation formed for charitable, educational, or religious purposes or other similar purposes deemed acceptable by the department;  or  an  education  corporation  as defined  in  subdivision  one  of  section two hundred sixteen-a of this chapter may provide the following services,  provided  that,  except  as otherwise provided in paragraph b of this subdivision, the entity was in existence prior to the effective date of this section and has applied to the  department  for  a waiver pursuant to this section by no later than February first, two thousand twelve:  (i) services  provided  under  article  one  hundred  fifty-four,  one hundred  sixty-three  or one hundred sixty-seven of this title for which licensure would be required, or  (ii) services constituting the provision of psychotherapy  as  defined in  subdivision two of section eighty-four hundred one of this title and authorized and  provided  under  article  one  hundred  thirty-one,  one hundred thirty-nine, or one hundred fifty-three of this title.   Such  services  may  be  provided either directly through the entity's employees or indirectly by contract  with  individuals  or  professional entities  duly  licensed,  registered,  or  authorized  to  provide such services.   b. The department may issue a waiver  on  or  after  July  first,  two thousand  twelve to an entity which was created before, on, or after the effective date of this section if there is a demonstration  of  need  of the entity's services satisfactory to the department.   c.  After  the  commissioner prescribes the application form and posts notice of its availability  on  the  department's  website,  any  entity described  in  paragraph a of this subdivision providing services on the effective date of this section, must apply for a waiver  no  later  than February  first, two thousand twelve. Upon submission of an application, an entity may  continue  to  operate  and  provide  services  until  the department  shall either deny or approve the entity's application. After the department renders a timely initial determination that the applicant has submitted the information necessary to verify that the  requirements of   paragraphs   d,  e,  and  f  of  this  subdivision  are  satisfied, applications for waivers shall be approved or denied within ninety days; provided however, that if the waiver application is  denied  the  entity shall  cease providing professional services, pursuant to paragraph a of this subdivision, in the state of New York.   d. Such waiver shall provide that services rendered pursuant  to  this section,  directly  or  indirectly,  shall  be provided only by a person appropriately licensed to provide such services pursuant to article  one hundred  thirty-one,  one  hundred thirty-nine, one hundred fifty-three, one hundred fifty-four, or one hundred sixty-three of this title, or  by a  person  otherwise  authorized  to  provide  such  services under such articles, or by a professional entity authorized by law to provide  such services.   e.  An  application  for  a  waiver  to  provide professional services pursuant  to  this  section  shall  be  on  a  form  prescribed  by  the commissioner. Such application shall include:  (i) the name of the entity,  (ii) the names of the directors and officers of such entity,  (iii)  a  listing  of  any  other  jurisdictions  where the entity may provide services, and  (iv) an attestation made by an officer authorized  by  the  entity  to make  such  attestation  that  identifies  the  scope  of services to be provided; includes a list of  professions  under  this  title  in  which  professional  services  will  be  provided  by  such  entity; includes a statement that, unless otherwise authorized by  law,  the  entity  shall only  provide  professional  services  authorized  under  this  section; includes  a  statement  that  only  a  licensed  professional,  a person otherwise authorized to provide such services, or a professional  entity authorized   by   law  to  provide  such  services  shall  provide  such professional services as authorized under this section; and  attests  to the  adequacy  of the entity's fiscal and financial resources to provide such services.   Such application shall also include any other information  related  to the application as may be required by the department.   f.  Each  officer  and  director  of  such  entity  shall  provide  an attestation regarding his  or  her  good  moral  character  as  required pursuant  to  paragraph h of this subdivision. The commissioner shall be further authorized to promulgate rules or regulations  relating  to  the standards  of  the  waiver  for  entities pursuant to this section. Such regulations shall include standards relating to the entity's ability  to provide  services,  the  entity's  maintenance  of  patient and business records, the entity's fiscal policies, and such other standards  as  may be prescribed by the commissioner.   g.  The  entity  operating pursuant to a waiver shall display, at each site  where  professional  services  are  provided  to  the  public,   a certificate  of  such  waiver  issued by the department pursuant to this section, which shall contain the name of the entity and the  address  of the  site.  Such  entities  shall  obtain from the department additional certificates for each site at which professional services  are  provided to  the public.   Each entity shall be required to re-apply for a waiver every three  years.  If  any  information  supplied  to  the  department regarding  the  entity  shall  change,  the  entity shall be required to provide such updated information to the department within sixty days.   h. Entities operating under a waiver pursuant to this section shall be under  the  supervision  of  the  regents  and  shall  be   subject   to disciplinary  proceedings  and  penalties. The waivers for such entities shall be subject to suspension, revocation or annulment for cause in the same manner and to the  same  extent  as  individuals  and  professional services  corporations with respect to their licenses, certificates, and registrations, as applicable, as provided in this title relating to  the applicable profession. All officers and directors of such entities shall be  of good moral character. Entities operating pursuant to a waiver and their officers and directors shall be entitled to the same  due  process procedures as are provided to such individuals and professional services corporations.  No waiver issued under this section shall be transferable or assignable, as such terms are  defined  in  the  regulations  of  the commissioner.   i.  An  entity  operating  pursuant to a waiver shall not practice any profession licensed pursuant to this title or hold  itself  out  to  the public  as  authorized to provide professional services pursuant to this title except as specifically authorized by this section or as  otherwise authorized by law.   2. No waiver pursuant to this section shall be required of:   a.  any  entity  operated under an operating certificate appropriately issued in accordance with article sixteen, thirty-one, or thirty-two  of the  mental  hygiene law, article twenty-eight of the public health law, or comparable  procedures  by  a  New  York  state  or  federal  agency, political subdivision, municipal corporation, or local government agency or unit, in accordance with the scope of the authority of such operating certificate; or    b.   a  university  faculty  practice  corporation  duly  incorporated pursuant to the not-for-profit corporation law; or   c.  an institution of higher education authorized to provide a program leading to licensure in a profession defined under article  one  hundred thirty-one,  one  hundred  thirty-nine,  one  hundred  fifty-three,  one hundred fifty-four or one hundred sixty-three  of  this  title,  to  the extent  that  the  scope  of  such  services  is limited to the services authorized to be provided within such registered program; or   d. an institution of higher education providing counseling only to the students, staff, or  family  members  of  students  and  staff  of  such institution; or   e.  any  other  entity  as  may  be  defined in the regulations of the commissioner, provided that  such  entity  is  otherwise  authorized  to provide  such  services  pursuant  to  law  and  only to the extent such services are authorized under any certificates of incorporation or  such other organizing documents as may be applicable.   3.  Nothing  in this section shall be construed to limit the authority of another state agency  to  certify,  license,  contract  or  otherwise authorize  an  entity applying for a waiver pursuant to this section, if such state agency is otherwise authorized under another provision of law to certify, license, contract or authorize such an entity, nor  shall  a waiver  pursuant to this section be construed to provide an exemption of such entity from any certification, licensure, need to contract  or  any other  such  requirement  established  by such state agency or under any other  provision  of  law.  If  a  state  agency  determines  that  such certification, licensure, contract or other authorization is required, a waiver pursuant to this section shall not have the effect of authorizing the  provision  of  professional services under the jurisdiction of such agency in the absence of certification, licensure, a contract  or  other authorization  from  such state agency, and the department shall consult with  such  agency  regarding  the  need  for  licensure,   contracting, certification  or  authorization.  In  determining  an application for a waiver pursuant to this section, the  department  shall  consider  as  a factor  in  such determination any denial of an operating certificate or other authority to provide the  services  authorized  pursuant  to  this section  by  a  New York state or federal agency, political subdivision, municipal corporation, or local government agency or unit, and shall not approve a waiver application authorizing an entity to provide a  program or  services  where  the entity operated such a program or provided such services for which an operating certificate or license is  pending,  was disapproved  or  was revoked, or a written authorization or contract was terminated for cause, by one of such agencies, except upon  approval  of such  action  by the appropriate state agency. Such state agencies shall notify the department, upon request and within  a  fifteen  day  period, whether  a  waiver  applicant  has  been  subject  to  such disapproval, revocation or termination for cause or has a pending application  for  a license or operating certificate.   4.  Nothing  in this section shall be construed to limit the authority of the following entities to  provide  professional  services  they  are authorized by law to provide:   a. any appropriately organized professional entity, including, but not limited  to,  those  established under the business corporation law, the limited liability company law or the partnership law; or   b. any entity  operated  by  a  New  York  state  or  federal  agency, political subdivision, municipal corporation, or local government agency or  unit pursuant to authority granted by law, including but not limited to any entity operated by the office of mental health,  the  office  for people  with developmental disabilities, or the office of alcoholism and  substance abuse services under articles seven, thirteen, and nineteen of the mental hygiene law, respectively.   5.  For the purposes of this section, "professional entity" shall mean and  include  sole  proprietorships  and   any   professional   services organization  established  pursuant  to  article fifteen of the business corporation law, article twelve of the limited liability company law and section two and article eight-B of the partnership law.