reglab/statecodes huggingface dataset:
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6820 - Certification of Coal-Tar Colors for Drugs and Cosmetics.

§ 6820. Certification  of coal-tar colors for drugs and cosmetics. The
  board shall promulgate regulations providing for the listing of coal-tar
  colors which are harmless and suitable for use in drugs for purposes  of
  coloring  only  and  for  use  in cosmetics and for the certification of
  batches of such colors, with or without harmless diluents.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6821 - Poison Schedules; Register.

§ 6821. Poison  schedules; register.  1. The following schedules shall
  remain in  force  until  revised  by  the  board  and  approved  by  the
  department.
Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide,
  chloral  hydrate,  hydrocyanic  acid, strychnine and all other poisonous
  vegetable alkaloids and their salts and oil of bitter almond  containing
  hydrocyanic acid.
Schedule B. Aconite, belladonna, cantharides, colchicum, conium cotton
  root,  digitalis,  ergot,  hellebore, henbane, phytolacca, strophanthus,
  oil of savin, oil of tansy, veratrum  viride  and  their  pharmaceutical
  preparations,  arsenical solutions, carbolic acid, chloroform, creosote,
  croton oil, white precipitate, methyl or wood  alcohol,  mineral  acids,
  oxalic  acid,  paris  green,  salts of lead, salts of zinc, or any drug,
  chemical or preparation which is liable to be destructive to adult human
  life in quantities of sixty grains or less.
2. It shall be unlawful for any person to sell at retail or to furnish
  any of the poisons of schedules A and B without affixing or  causing  to
  be  affixed to the bottle, box, vessel or package, a label with the name
  of the article and the word "poison" distinctly shown and with the  name
  and place of business of the seller all printed in red ink together with
  the  name of such poisons printed or written thereupon in plain, legible
  characters.
3.  Manufacturers  and  wholesale   dealers   in   drugs,   medicines,
  pharmaceutical  preparations,  chemicals or poisons shall affix or cause
  to be affixed to every bottle, box, parcel or  outer  inclosure  of  any
  original package containing any of the articles of schedule A a suitable
  label or brand in red ink with the word "poison" upon it.
4.  Every  person  who disposes of or sells at retail or furnishes any
  poisons included in schedule A shall before delivering the same enter in
  a book kept for that purpose the date of sale, the name and  address  of
  the  purchaser, the name and the quantity of the poison, the purpose for
  which it is purchased and the name of the dispenser. The poison register
  must be always open for inspection by the proper authorities and must be
  preserved for at least five years after the last  entry.    Such  person
  shall  not  deliver any of the poisons of schedule A or schedule B until
  he has satisfied himself that the purchaser is aware  of  its  poisonous
  character  and  that  the poison is to be used for a legitimate purpose.
  The provisions of this paragraph do not apply to the dispensing of drugs
  or poisons on a doctor's prescription.
5. The board may add to or may delete from any of the  schedules  from
  time  to time as such action becomes necessary for the protection of the
  public.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6822 - Examinations and Investigations.

§ 6822. Examinations  and investigations.  The secretary is authorized
  to conduct examinations and investigations  for  the  purposes  of  this
  article  through officers and employees of the United States, or through
  any health, food, or drug officer or employee of  any  city,  county  or
  other  political  subdivision  of  this  state, duly commissioned by the
  secretary as an officer of the board.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6823 - Factory Inspection.

§ 6823. Factory  inspection.    For  purposes  of  enforcement of this
article, officers duly designated by the secretary are authorized:
(1)  to  enter,  at  reasonable  times,  any  factory,  warehouse   or
establishment  in  which  drugs,  devices or cosmetics are manufactured,
processed, packed, or held, for introduction into commerce or  are  held
after such introduction, or to enter any vehicle being used to transport
or hold such drugs, devices or cosmetics in commerce; and
(2)   to  inspect,  at  reasonable  times,  such  factory,  warehouse,
establishment or vehicle  and  all  pertinent  equipment,  finished  and
unfinished materials, containers, and labeling therein.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6824 - Injunction Proceedings.

§ 6824. Injunction   proceedings.   In   addition   to   the  remedies
  hereinafter provided, the secretary is hereby authorized to apply to the
  court of the proper venue for an injunction to restrain any person  from
  (a)   introducing   or  causing  to  be  introduced  into  commerce  any
  adulterated  or  misbranded  drug,  device  or  cosmetic;  or  (b)  from
  introducing  or  causing to be introduced in commerce any new drug which
  does not comply with  the  provisions  of  this  article;  or  (c)  from
  disseminating  or  causing  to  be  disseminated  a false advertisement,
  without being compelled to allege or prove that an  adequate  remedy  at
  law does not exist.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6826-A - Reducing Certain Copayments.

§ 6826-a. Reducing certain copayments. 1. Where an insured's copayment
  for  a  drug exceeds the corresponding retail price for the same drug on
  the pharmacy's drug retail price list, the pharmacist shall  notify  the
  insured  of  this  occurrence  and charge no greater than the pharmacy's
  corresponding retail price.
2. Where the drug being purchased is not  on  the  drug  retail  price
  list,  and  the  copayment for the drug exceeds the pharmacy's usual and
  customary price for that drug, the pharmacist shall notify  the  insured
  of  this occurrence and charge the lesser of the insured's copayment and
  the pharmacy's usual and customary price for that drug.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6828 - Certificates of Administration.

§  6828.  Certificates  of  administration.  1.  No  pharmacist  shall
  administer immunizing agents without  a  certificate  of  administration
  issued by the department pursuant to regulations of the commissioner.
2.  The  fee  for a certificate of administration shall be one hundred
  dollars and shall be paid on a triennial basis.  A  certificate  may  be
  suspended  or  revoked  in  the  same  manner  as  a license to practice
  pharmacy.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6830 - Standardized Patient-Centered Data Elements.

§   6830.   Standardized   patient-centered   data  elements.  1.  The
commissioner shall develop rules and regulations requiring  standardized
patient-centered  data  elements consistent with existing technology and
equipment to be used on all prescription medicine dispensed to  patients
in this state.
2. When developing the requirements for patient-centered data elements
on prescription drug labels, the commissioner shall consider:
(a)  medical  literacy  research  that identifies factors that improve
understandability of labels and promotes  increased  compliance  with  a
drug's intended use;
(b) factors that improve the clarity of directions for use;
(c) font types and sizes;
(d) inclusion of only patient-centered information; and
(e) the needs of special populations.
To  ensure  public  input, the commissioner shall solicit input from the
state board of pharmacy  and  the  state  board  of  medicine,  consumer
groups,  advocates  for  special  populations,  pharmacists, physicians,
other health care  professionals  authorized  to  prescribe,  and  other
interested parties.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137-A - Registered Pharmacy Technicians › 6840 - Introduction.

§  6840.  Introduction.  This  article  applies  to  the profession of
  registered  pharmacy  technician.  The  general   provisions   for   all
  professions  contained in article one hundred thirty of this title shall
  apply to this article.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137-A - Registered Pharmacy Technicians › 6842 - Definitions.

§ 6842. Definitions. As used in this article:
1.  "Licensed pharmacist" means a person licensed to practice pharmacy
  pursuant to article one hundred thirty-seven of this title.
2. "Pharmacy intern" means a person practicing under a limited  permit
  pursuant to section sixty-eight hundred six of this title.
3.  "Professional  judgment"  means  professional decision-making by a
  licensed pharmacist, including, but not limited to, such activities as:
a. interpreting a prescription or  medication  order  for  therapeutic
  acceptability and appropriateness or engaging in the calculations behind
  any such formulations;
b.  interpreting and evaluating a prescription or medication order for
  conformance  with  legal  requirements,   authenticity,   accuracy   and
  interaction  of  the  prescribed  drug  with  other known prescribed and
  over-the -counter drugs;
c. receiving oral prescriptions from prescribers; or
d. counseling patients.
4. "Compounding" means  the  combining,  admixing,  mixing,  diluting,
  pooling,  reconstituting,  or  otherwise altering of a drug or bulk drug
  substance to create a drug.
5. "Drugs", "pharmacopeia", "labeling" and "sterile drug"  shall  have
  the  same definitions as set forth in section sixty-eight hundred two of
  this title.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137-A - Registered Pharmacy Technicians › 6843 - Practice of Registered Pharmacy Technician and Use of the Title "Registered Pharmacy Technician".

§  6843.  Practice  of  registered  pharmacy technician and use of the
  title "registered  pharmacy  technician".  Only  a  person  licensed  to
  practice  as  a  registered  pharmacy  technician  under this article or
  otherwise authorized shall practice as a registered pharmacy  technician
  or use the title "registered pharmacy technician."
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137-A - Registered Pharmacy Technicians › 6844 - Requirements for Licensure as a Registered Pharmacy Technician.

§   6844.   Requirements   for  licensure  as  a  registered  pharmacy
  technician.  To  qualify  for  licensure  as  a   "registered   pharmacy
  technician", an applicant shall fulfill the following requirements:
1. Application: file an application with the department;
2.  Education:  have  received  an  education,  including  high school
  graduation or its equivalent, as determined by the department;
3. Certification from  a  nationally  accredited  pharmacy  technician
  certification program acceptable to the department;
4. Age: at the time of application be at least eighteen years of age;
5.  Character:  be  of  good  moral  character  as  determined  by the
  department; and
6. Fee: pay a fee determined by the department for initial license and
  for each triennial registration period.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6901 - Definitions.

§ 6901. Definitions.  As used in section sixty-nine hundred two:
1.  "Diagnosing"  in  the  context  of  nursing  practice  means  that
  identification of and discrimination between physical  and  psychosocial
  signs  and  symptoms  essential to effective execution and management of
  the nursing regimen.   Such diagnostic  privilege  is  distinct  from  a
  medical diagnosis.
2.  "Treating"  means  selection  and performance of those therapeutic
  measures essential to the effective  execution  and  management  of  the
  nursing regimen, and execution of any prescribed medical regimen.
3.  "Human  Responses" means those signs, symptoms and processes which
  denote the individual's interaction with an actual or  potential  health
  problem.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6903 - Practice of Nursing and Use of Title "Registered Professional Nurse" or "Licensed Practical Nurse".

§ 6903. Practice  of nursing and use of title "registered professional
  nurse"  or  "licensed  practical  nurse".  Only  a  person  licensed  or
  otherwise  authorized under this article shall practice nursing and only
  a person licensed under section sixty-nine hundred five of this  article
  shall  use  the  title "registered professional nurse" and only a person
  licensed under section sixty-nine hundred six of this article shall  use
  the  title  "licensed  practical  nurse".  No person shall use the title
  "nurse" or any other title or abbreviation that would represent  to  the
  public  that  the  person  is  authorized to practice nursing unless the
  person is licensed or otherwise authorized under this article.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6904 - State Board for Nursing.

§ 6904. State  board  for nursing.  A state board for nursing shall be
  appointed by the board of regents on recommendation of the  commissioner
  for  the purpose of assisting the board of regents and the department on
  matters of professional licensing and professional conduct in accordance
  with section sixty-five hundred eight of this title.  The board shall be
  composed of not less than fifteen  members,  eleven  of  whom  shall  be
  registered  professional  nurses  and  four  of  whom  shall be licensed
  practical nurses all licensed and practicing in this state for at  least
  five  years.   An executive secretary to the board shall be appointed by
  the board of regents on recommendation of the commissioner and shall  be
  a registered professional nurse registered in this state.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6906 - Requirements for a License as a Licensed Practical Nurse.

§ 6906. Requirements  for  a license as a licensed practical nurse. To
qualify for a license as a licensed practical nurse, an applicant  shall
fulfill these requirements:
(1) Application: file an application with the department;
(2) Education: have received an education including completion of high
school  or  its  equivalent,  and  have completed a program in practical
nursing,  in  accordance  with  the   commissioner's   regulations,   or
completion  of  equivalent  study  satisfactory  to  the department in a
program conducted by the armed forces of the  United  States  or  in  an
approved program in professional nursing;
(3) Experience: meet no requirement as to experience;
(4)  Examination: pass an examination satisfactory to the board and in
accordance with the commissioner's regulations, provided, however,  that
the  educational  requirements  set  forth  in  subdivision  two of this
section are met prior to admission for the licensing examination;
(5) Age: be at least seventeen years of age;
(6) Citizenship: meet no requirements as to United States citizenship;
(7) Character: be  of  good  moral  character  as  determined  by  the
department; and
(8)  Fees:  pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for  an  initial
license,  a  fee  of forty-five dollars for each reexamination, a fee of
seventy dollars  for  an  initial  license  for  persons  not  requiring
admission  to  a  department  conducted  examination, and a fee of fifty
dollars for each triennial registration period.
* (9) In conjunction  with  and  as  a  condition  of  each  triennial
registration,  the  department  shall ask and a licensed practical nurse
shall indicate whether the licensed practical nurse is or has previously
been authorized as an advanced home health aide pursuant to  subdivision
two  of section sixty-nine hundred eight of this article. The department
shall provide responses to the department of health and  the  department
of  health shall include such information in reports related to advanced
home health aides.
* NB Repealed March 31, 2029
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6907 - Limited Permits.

§ 6907. Limited  permits.    1.  A  permit to practice as a registered
  professional nurse or a permit to practice as a licensed practical nurse
  may be issued by the department upon the filing of an application for  a
  license  as  a  registered professional nurse or as a licensed practical
  nurse and submission of such other information  as  the  department  may
  require  to  (i)  graduates  of  schools  of  nursing  registered by the
  department, (ii) graduates of schools of  nursing  approved  in  another
  state,  province,  or  country  or  (iii)  applicants  for  a license in
  practical nursing whose preparation is determined by the  department  to
  be the equivalent of that required in this state.
2. Such limited permit shall expire one year from the date of issuance
  or  upon  notice to the applicant by the department that the application
  for license has been denied, or  ten  days  after  notification  to  the
  applicant   of   failure  on  the  professional  licensing  examination,
  whichever shall first occur.  Notwithstanding the  foregoing  provisions
  of  this  subdivision,  if  the  applicant  is  waiting  the result of a
  licensing examination at the time  such  limited  permit  expires,  such
  permit  shall  continue to be valid until ten days after notification to
  the applicant of the results of such examination.
3. A limited permit shall entitle the holder to practice nursing  only
  under  the supervision of a nurse currently registered in this state and
  with the endorsement of the employing agency.
4. Fees. The fee for each limited permit shall be thirty-five dollars.
5. Graduates of schools of nursing registered by the department may be
  employed to practice nursing under supervision of a  professional  nurse
  currently  registered  in  this  state  and  with the endorsement of the
  employing agency for ninety days immediately following graduation from a
  program in nursing and pending receipt of a limited permit for which  an
  application has been filed as provided in this section.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6910 - Certificates for Nurse Practitioner Practice.

§ 6910. Certificates for nurse practitioner practice.  1. For issuance
of  a  certificate to practice as a nurse practitioner under subdivision
three of section six thousand nine hundred  two  of  this  article,  the
applicant shall fulfill the following requirements:
(a) Application: file an application with the department;
(b)  License:  be  licensed  as a registered professional nurse in the
state;
(c)  Education:  (i)   have   satisfactorily   completed   educational
preparation  for  provision of these services in a program registered by
the department or in a program determined by the department  to  be  the
equivalent; or
(ii) submit evidence of current certification by a national certifying
body, recognized by the department; or
(iii)   meet   such   alternative   criteria  as  established  by  the
commissioner's regulations;
(d) Fees: pay a fee to  the  department  of  fifty  dollars  for  each
initial   certificate  authorizing  nurse  practitioner  practice  in  a
specialty area and a  triennial  registration  fee  of  thirty  dollars.
Registration  under  this  section  shall  be coterminous with the nurse
practitioner's registration as a professional nurse.
2. Only a person certified under this  section  shall  use  the  title
"nurse practitioner".
3.  The  provisions  of  this  section  shall  not apply to any act or
practice authorized by any other law, rule, regulation or certification.
4. The provisions of this section shall  not  apply  to  any  activity
authorized,  pursuant to statute, rule or regulation, to be performed by
a registered professional nurse in a  hospital  as  defined  in  article
twenty-eight of the public health law.
5.  The  commissioner  is  authorized  to  promulgate  regulations  to
implement the provisions of this section.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 139 - Nursing › 6911 - Certification as a Clinical Nurse Specialist (Cns).

§  6911.  Certification  as  a clinical nurse specialist (CNS). 1. For
issuance of a certificate to practice as  a  clinical  nurse  specialist
under  section  six  thousand  nine  hundred  two  of  this article, the
applicant shall fulfill the following requirements:
(a) file an application with the department;
(b) be licensed as a registered professional nurse in this state;
(c)  (i)  have  satisfactorily  completed   an   educational   program
registered by the department including a master's or doctoral degree, or
a  post-master's certificate from a program acceptable to the department
which prepares graduates to practice as CNSs and which is accredited  by
a  national  nursing  accredited  body acceptable to the department, and
(ii) meets all other  requirements  established  by  the  department  to
practice  as  a  clinical  nurse  specialist,  or  (iii)  have  received
educational  preparation  determined  by  the  department  to   be   the
substantial  equivalent of subparagraphs (i) and (ii) of this paragraph;
and
(d) pay a fee to the department of  fifty  dollars  for  each  initial
certificate   authorizing  clinical  nurse  specialist  practice  and  a
triennial registration fee of thirty dollars.  Registration  under  this
section  shall  be  coterminous  with  the  clinical  nurse specialist's
registration as a professional nurse.
2. Only a person certified under this  section  shall  use  the  title
"clinical nurse specialist" or the designation "CNS".
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6951 - Definition of Practice of Midwifery.

§ 6951. Definition  of  practice of midwifery.  1. The practice of the
  profession  of  midwifery  is  defined  as  the  management  of   normal
  pregnancies,  child  birth  and  postpartum  care  as  well  as  primary
  preventive reproductive health care of essentially  healthy  women,  and
  shall   include  newborn  evaluation,  resuscitation  and  referral  for
  infants. A midwife shall have collaborative  relationships  with  (i)  a
  licensed     physician     who     is     board    certified    as    an
  obstetrician-gynecologist by  a  national  certifying  body  or  (ii)  a
  licensed physician who practices obstetrics and has obstetric privileges
  at  a general hospital licensed under article twenty-eight of the public
  health law or (iii) a hospital, licensed under article  twenty-eight  of
  the  public  health  law,  that  provides  obstetrics through a licensed
  physician  having  obstetrical  privileges  at  such  institution,  that
  provide  for  consultation,  collaborative  management  and  referral to
  address the health status and risks of his  or  her  patients  and  that
  include  plans  for  emergency  medical gynecological and/or obstetrical
  coverage. A midwife shall maintain documentation of  such  collaborative
  relationships  and  shall  make  information  about  such  collaborative
  relationships available to his or her patients. Failure to  comply  with
  the   requirements  found  in  this  subdivision  shall  be  subject  to
  professional misconduct provisions as set forth in article  one  hundred
  thirty of this title.
2.  A  licensed  midwife  shall  have the authority, as necessary, and
  limited to the practice of midwifery, to prescribe and administer drugs,
  immunizing agents, diagnostic tests and devices, and to order laboratory
  tests, as established by the board in accordance with the commissioner's
  regulations. A midwife shall obtain a certificate  from  the  department
  upon   successfully   completing  a  program  including  a  pharmacology
  component, or its  equivalent,  as  established  by  the  commissioner's
  regulations prior to prescribing under this section.
3.  Any  reference to midwifery, midwife, certified nurse-midwifery or
  certified nurse-midwife,  nurse-midwifery  or  nurse-midwife  under  the
  provisions  of  this article, this chapter or any other law, shall refer
  to and include the profession  of  midwifery  and  a  licensed  midwife,
  unless the context clearly requires otherwise.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6953 - Use of Title "Midwife".

§ 6953. Use of title "midwife". Only a person licensed or exempt under
  this  article  shall  use  the title "midwife".   Only a person licensed
  under both this article and article  one  hundred  thirty-nine  of  this
  chapter may use the title "nurse-midwife".
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6954 - State Board of Midwifery.

§ 6954. State  board  of  midwifery.   1. The state board of midwifery
shall be appointed by the board of  regents  on  recommendation  of  the
commissioner  for  the  purpose  of  assisting  the  board of regents on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title. The board shall  be
composed  of  thirteen  individuals.  Initial  appointments to the board
shall be such that the terms shall be  staggered.  However,  no  members
shall serve more than two terms.
2.  (a)  (1)  Seven  members of the board shall be persons licensed or
exempt under this section.
(2) One member of the board shall be an educator of midwifery.
(b) Two members of the board shall be  individuals  who  are  licensed
physicians  who  are  also  certified as obstetrician/gynecologists by a
national certifying body.
(c) One member of the board shall  be  an  individual  licensed  as  a
physician who practices family medicine including obstetrics.
(d)  One  member  of  the  board  shall be an individual licensed as a
physician who practices pediatrics.
(e) One member of the board shall  be  an  individual  not  possessing
either  licensure  or  training  in medicine, midwifery, pharmacology or
nursing and shall represent the public at large.
3. For purposes of this article, "board"  means  the  state  board  of
midwifery   created  under  this  section  unless  the  context  clearly
indicates otherwise.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6955 - Requirements for a Professional License.

§ 6955. Requirements  for  a  professional  license.  To qualify for a
license  as  a  midwife,  an  applicant  shall  fulfill  the   following
requirements:
1. Application: file an application with the department.
2. Education: satisfactorily;
(a)  complete educational preparation (degree or diploma granting) for
the practice of nursing, followed by or  concurrently  with  educational
preparation  for  the  practice  of  midwifery  in  accordance  with the
commissioner's regulations, or
(b) submit evidence  of  license  or  certification,  the  educational
preparation  for  which is determined by the department to be equivalent
to the foregoing,  from  any  state  or  country,  satisfactory  to  the
department and in accordance with the commissioner's regulations, or
(c)  complete  a program determined by the department to be equivalent
to the foregoing and in accordance with the commissioner's regulations.
3. Examination: pass an examination satisfactory to the department and
in accordance with the commissioner's regulations.
4. Age: be at least twenty-one years of age.
5. Character:  be  of  good  moral  character  as  determined  by  the
department.
6.  Citizenship or immigration status: be a United States citizen or a
noncitizen lawfully admitted  for  permanent  residence  in  the  United
States.
7.  Fee: pay a fee of one hundred ninety dollars to the department for
admission to a department conducted examination for an initial  license,
a  fee  of  one  hundred  dollars  for each re-examination, a fee of one
hundred fifteen dollars for an initial license for persons not requiring
admission to a department conducted examination, a fee  of  one  hundred
eighty  dollars  for  each  triennial  registration  period and a fee of
seventy dollars for a limited permit.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6956 - Prior Nurse-Midwifery Certification.

§ 6956. Prior  nurse-midwifery  certification.   Any individual who is
  certified as a nurse-midwife pursuant  to  section  twenty-five  hundred
  sixty  of  the  public  health  law  before June first, nineteen hundred
  ninety-six, shall be deemed to be  licensed  as  a  midwife  under  this
  article; provided that each such certified nurse-midwife shall, prior to
  that  date,  submit  evidence  of  such  certification to the department
  together with the appropriate  fee  required  by  subdivision  seven  of
  section  sixty-nine  hundred  fifty-five of this article. Any individual
  certified as a nurse-midwife pursuant  to  section  twenty-five  hundred
  sixty of the public health law (i) may practice under that section until
  it  is  repealed,  but  (ii) shall not practice pursuant to this article
  until after receiving approval from the commissioner and submitting  the
  fee   required  by  subdivision  seven  of  section  sixty-nine  hundred
  fifty-five of this article.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6957 - Exempt Persons.

§ 6957. Exempt persons.  Nothing in this article shall be construed to
  affect,   prevent  or  in  any  manner  expand  or  limit  any  duty  or
  responsibility of a licensed  physician  from  practicing  midwifery  or
  affect  or  prevent  a  medical student or midwifery student in clinical
  practice  under  the  supervision  of  a  licensed  physician  or  board
  certified   obstetrician/gynecologist  or  licensed  midwife  practicing
  pursuant to the provisions of section twenty-five hundred sixty  of  the
  public  health  law in pursuance of an educational program registered by
  the department from engaging in such practice.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 140 - Professional Midwifery Practice Act › 6958 - Limited Permit.

§ 6958. Limited permit.  1. A limited permit to practice midwifery may
  be granted for a period not to exceed twelve months to an individual who
  has  to  the  satisfaction of the department met all the requirements of
  section sixty-nine hundred fifty-five of this article, but has  not  yet
  passed the examination required by subdivision three of such section.
2.  A  limited  permit  shall entitle the holder to practice midwifery
  only under the  direct  supervision  of  a  licensed  physician  who  is
  authorized under section sixty-nine hundred fifty-one of this article or
  a licensed midwife.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7002 - Practice of Podiatry and Use of Title "Podiatrist".

§ 7002. Practice  of  podiatry  and use of title "podiatrist".  Only a
  person licensed or exempt under this article shall practice podiatry  or
  use the title "podiatrist" or "chiropodist".
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7003 - State Board for Podiatry.

§ 7003. State board for podiatry.  A state board for podiatry shall be
  appointed  by the board of regents on recommendation of the commissioner
  for the purpose of assisting the board of regents and the department  on
  matters of professional licensing and professional conduct in accordance
  with section sixty-five hundred eight of this title.  The board shall be
  composed  of not less than seven podiatrists licensed in this state.  An
  executive secretary to the board shall be  appointed  by  the  board  of
  regents on recommendation of the commissioner.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7004 - Requirements for a Professional License.

§ 7004. Requirements  for  a  professional license.   To qualify for a
license as a  podiatrist,  an  applicant  shall  fulfill  the  following
requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, including a doctoral degree
in podiatry, in accordance with the commissioner's regulations;
(3)  Experience:  have  experience  satisfactory  to  the board and in
accordance with the commissioner's regulations;
(4) Examination: pass an examination satisfactory to the board and  in
accordance with the commissioner's regulations;
(5) Age: be at least twenty-one years of age;
(6) Citizenship: meet no requirements as to United States citizenship;
(7)  Character:  be  of  good  moral  character  as  determined by the
department; and
(8) Fees: pay a fee of two hundred twenty dollars  to  the  department
for  admission  to a department conducted examination and for an initial
license, a fee of one hundred fifteen dollars for each reexamination,  a
fee  of  one  hundred  thirty-five  dollars  for  an initial license for
persons not requiring admission to a department  conducted  examination,
and  a  fee  of  two hundred ten dollars for each triennial registration
period.
(9) Continuing education:  In  accordance  with  the  requirements  of
section  sixty-five  hundred  two  of  the education law, at the time of
re-registration  with  the  department,  each  applicant  shall  present
satisfactory  evidence to the state board for podiatry that in the years
prior to the  filing  for  re-registration  he  attended  the  education
programs  conducted  by the podiatry society of the state of New York or
the equivalent of such educational programs as  approved  by  the  state
board for podiatry in accordance with the commissioner's regulations.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7005 - Exempt Persons.

§  7005. Exempt persons. Nothing in this article shall be construed to
  affect or prevent a student from engaging  in  clinical  practice  under
  supervision  of  a  licensed  podiatrist  as  part  of the program of an
  approved school of podiatry.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7007 - Limited Permits.

§ 7007. Limited  permits.  1. Limited permits to practice podiatry may
  be issued by the department to graduates of a  program  of  professional
  education  in  podiatry registered by the department or accredited by an
  accrediting agency acceptable to  the  department.  Such  permits  shall
  authorize  the  practice  of  podiatry  only  under the supervision of a
  licensed podiatrist and only in:
a.  a  hospital  or  health  facility  licensed  pursuant  to  article
  twenty-eight of the public health law;
b.  a  clerkship  for  a  period  of  two years or less conducted by a
  licensed podiatrist designated as a member of the faculty of an approved
  school of podiatry for purposes of a preceptorship program; or
2. Limited permits shall be issued for a period of one year,  and  may
  be renewed at the discretion of the department for one additional year.
3.  The fee for a limited permit shall be one hundred five dollars and
  the fee for a renewal shall be fifty dollars.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 141 - Podiatry › 7008 - Limited Residency Permits and Limited Fellowship Permits.

§  7008.  Limited residency permits and limited fellowship permits. 1.
  Limited residency permits and limited fellowship permits may  be  issued
  by the department to graduates of a program of professional education in
  podiatry  registered  by  the department or accredited by an accrediting
  agency acceptable to the department.
2. Such permits shall allow a resident or fellow in podiatric medicine
  participating in  an  approved  post-graduate  residency  or  fellowship
  program  to  perform  such duties, tasks and functions that are required
  for successful completion  of  such  program  under  the  administrative
  supervision  of  a  licensed  podiatrist  serving  as  the  residency or
  fellowship director,  as  applicable,  in  a  hospital  or  health  care
  facility  licensed pursuant to article twenty-eight of the public health
  law. At  any  time  during  the  residency  or  fellowship,  a  licensed
  physician   or   a  licensed  podiatrist  may  provide  direct  personal
  supervision of activities which he or she is authorized and competent to
  provide in the approved facility; provided, however, when the resident's
  or fellow's training involves practice beyond that authorized in section
  seven thousand one of this article, a licensed physician  shall  provide
  direct  personal  supervision.  For the purposes of this section, direct
  personal  supervision  means  supervision   of   procedures   based   on
  instructions   given  directly  by  a  licensed  physician  or  licensed
  podiatrist, as applicable, who remains in the immediate area  where  the
  procedures  are being performed, authorizes the procedures and evaluates
  the procedures performed by the podiatric resident or fellow.
3. Such permit shall be issued for three years and may be  renewed  at
  the  discretion  of  the department for additional one-year periods when
  necessary  to  permit  the  completion  of  an  approved   post-graduate
  residency or fellowship in podiatric medicine.
4.  The  fee  for  a  limited residency permit or a limited fellowship
  permit shall be one hundred five dollars and the fee for a renewal shall
  be fifty dollars.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 143 - Optometry › 7101 - Definition of the Practice of Optometry.

§ 7101. Definition  of  the practice of optometry. The practice of the
  profession of optometry is defined as diagnosing  and  treating  optical
  deficiency,  optical  deformity,  visual  anomaly,  muscular  anomaly or
  disease of the human eye and adjacent tissue by prescribing,  providing,
  adapting  or  fitting  lenses  or by prescribing, providing, adapting or
  fitting non-corrective contact lenses, or by  prescribing  or  providing
  orthoptics  or  vision  training, or by prescribing and using drugs. The
  practice of optometry  shall  not  include  any  injection  or  invasive
  modality.  For  purposes  of  this  section  invasive modality means any
  procedure  in  which  human  tissue  is  cut,  altered,   or   otherwise
  infiltrated  by  mechanical  or  other means. Invasive modality includes
  surgery, lasers, ionizing  radiation,  therapeutic  ultrasound  and  the
  removal  of foreign bodies from within the tissue of the eye. Nothing in
  this section or section seventy-one hundred one-a of this article  shall
  be  construed  to  limit  the scope of optometric practice as authorized
  prior to January first, nineteen hundred ninety-five. The use  of  drugs
  by  optometrists is authorized only in accordance with the provisions of
  this article and regulations promulgated by the commissioner.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 143 - Optometry › 7103 - State Board for Optometry.

§ 7103. State  board for optometry.  A state board for optometry shall
  be  appointed  by  the  board  of  regents  on  recommendation  of   the
  commissioner  for  the purpose of assisting the board of regents and the
  department on matters of professional licensing and professional conduct
  in accordance with section sixty-five hundred eight of this title.   The
  board  shall  be  composed of not less than seven optometrists who shall
  have been residents of this state engaged in the practice  of  optometry
  for  at  least  five years in this state.  An executive secretary to the
  board shall be appointed by the board of regents  on  recommendation  of
  the commissioner.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 143 - Optometry › 7104 - Requirements for a Professional License.

§ 7104. Requirements  for  a  professional  license.  To qualify for a
license as an optometrist, an  applicant  shall  fulfill  the  following
requirements:
(1) Application: file an application with the department;
(2)  Education:  have  received  an  education,  including a degree of
doctor of  optometry  or  equivalent  degree,  in  accordance  with  the
commissioner's regulations;
(3)  Experience:  have  experience  satisfactory  to  the board and in
accordance with the commissioner's regulations;
(4) Examination: pass an examination satisfactory to the board and  in
accordance with the commissioner's regulations;
(5) Age: be at least twenty-one years of age;
(6) Citizenship: meet no requirement as to United States citizenship;
(7)  Character:  be  of  good  moral  character  as  determined by the
department; and
(8) Fees: pay a fee of two hundred twenty dollars  to  the  department
for  admission  to a department conducted examination and for an initial
license, a fee of one hundred fifteen dollars for each reexamination,  a
fee  of  one  hundred  thirty-five  dollars  for  an initial license for
persons not requiring admission to a department conducted examination, a
fee of two hundred ten dollars for each triennial  registration  period,
for  additional  authorization  for  the purpose of utilizing diagnostic
pharmaceutical agents, a fee of sixty dollars, and for certification  to
use  or  prescribe  oral therapeutic pharmaceutical agents, a fee of two
hundred fifty dollars.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 143 - Optometry › 7105 - Exempt Persons.

§ 7105. Exempt  persons. Nothing in this article shall be construed to
affect or prevent:
a.  A  student  actively  enrolled  in  a  school  of  optometry  with
accreditation  acceptable  to  the  department from engaging in clinical
practice under the supervision of a licensed  and  currently  registered
optometrist or physician; or
b.  A  person  licensed  to  practice  optometry  from  using a degree
conferred in course after resident study by an  educational  institution
lawfully authorized by the state in which it is located to confer such a
degree.
c. An optometrist licensed in another state or country who is employed
on  a  full-time  basis by a registered school of optometry as a faculty
member with the rank of assistant professor or  higher  from  conducting
research  and  clinical demonstrations as part of such employment, under
the supervision of a licensed optometrist and on  the  premises  of  the
school.  No  fee may be charged for the practice of optometry authorized
by this subdivision.
d. 1. A  person  in  training  or  appropriately  trained  and  deemed
qualified  by the supervising licensed optometrist, to assist a licensed
optometrist in the care of a  patient  for  the  purpose  of  instilling
mydriatic   or  cycloplegic  eye  drops  and  anesthetic  eye  drops  in
conjunction with such dilating drops to the surface  of  the  eye  of  a
patient, provided that the person instilling such eye drops is:
(i)   under   the   on-site  supervision  of  a  supervising  licensed
optometrist;
(ii) at least eighteen years of age; and
(iii) complies with standards issued by the department.
2. The supervising licensed optometrist shall submit a form prescribed
by the department, detailing the  identity  of  each  person  instilling
mydriatic   or  cycloplegic  eye  drops  and  anesthetic  eye  drops  in
conjunction with such dilating drops to the surface  of  the  eye  of  a
patient,  under his or her supervision, attesting to compliance with the
above requirements.
3. The supervising licensed  optometrist's  use  of  any  such  person
pursuant  to  the  terms  of  this  subdivision shall be undertaken with
professional judgment in order to ensure the safety  and  well-being  of
the patient. Such use shall subject the licensed optometrist to the full
disciplinary  and  regulatory  authority of the board of regents and the
department pursuant to this title. The licensed optometrist must  notify
the  patient  or the patient's designated health care surrogate that the
licensed optometrist may  utilize  the  services  of  an  individual  to
administer  certain  eye  drops  and  must  provide  the  patient or the
patient's designated health care surrogate the opportunity to refuse the
licensed optometrist's plan to utilize such person.
2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 143 - Optometry › 7106 - Special Provisions.

§ 7106. Special provisions. 1. The testimony and reports of a licensed
  optometrist  shall  be  received  by  any official, board, commission or
  other  agency  of  the  state  or  of  any  of   its   subdivisions   or
  municipalities  as qualified evidence with respect to any matter defined
  in section seventy-one hundred one of this  article;  and  no  official,
  board,  commission,  or  other  agency  of  the  state  or  any  of  its
  subdivisions   or   municipalities   shall   discriminate   among    the
  practitioners of optometry and any other ocular practitioners.
2. Eyeglasses or lenses for the correction of vision or non-corrective
  contact lenses may be sold by any person, firm or corporation at retail,
  only on prescription of a licensed physician or licensed optometrist and
  only  if a licensed physician, optometrist or ophthalmic dispenser is in
  charge of and in personal attendance at the place of sale. This  article
  shall  not  apply  to  binoculars,  telescopes, or other lenses used for
  simple  magnification;  except,  that  a  seller   of   non-prescription
  ready-to-wear  magnifying spectacles or glasses shall have the following
  language attached to each pair of glasses  or  spectacles  displayed  or
  offered for sale and in at least ten point bold type permanently affixed
  in plain view to the top of any point of sale display or, if there is no
  display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
  GLASSES  ARE  NOT  INTENDED  TO  REPLACE PRESCRIBED CORRECTIVE LENSES OR
  EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE  CHECK-UPS  ARE
  NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used
  in   this   subdivision  "non-prescription,  ready  to  wear  magnifying
  spectacles or glasses" means spherical convex lenses,  uniform  in  each
  meridian,   which  are  encased  in  eyeglass  frames  and  intended  to
  ameliorate the symptoms of presbyopia. The lenses in such glasses  shall
  be  of  uniform  focus  power  in  each  eye  and  shall not exceed 2.75
  diopters.
3. It shall be a class A misdemeanor to practice any fraud, deceit  or
  misrepresentation in any advertising related to optometric services.