BILL NUMBER: S8714
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the education law, the limited liability company law,
the partnership law and the public health law, in relation to the prac-
tice of naturopathy; and to amend the social services law, in relation
to the reporting of child abuse
 
PURPOSE:
The bill relates to the licensure and regulation of naturopathic doctors
to practice naturopathic medicine in New York State. This bill is
intended to ensure the public health, safety and welfare of New Yorkers
by regulating the profession through the State Education Department. The
admission to practice and the regulation of such practice, including
professional conduct, shall be supervised by the Board of Regents and
administered by the Department, with the assistance, of a new State
Board of Naturopathic Medicine.
 
SUMMARY OF PROVISIONS:
This bill adds a new Article 138 to the Education Law to establish natu-
ropathic doctors as licensed professionals in New York State which
includes Sections 6850 through 6860 that provide for boundaries of
professional competence; a state board for naturopathic medicine; quali-
fications for licensure exemptions, limited residence permits, and
mandatory continuing education.
The bill also amends various sections of the limited liability company
law, the partnership law, and the social services law as noted below.
Sections two, three and four amend sections 1203, 1207, and 1301 of the
United Liability Company Law, respectively, to allow naturopathic
doctors to practice together using a limited liability company.
Sections five and six amend sections 121-1500 and 121-1502 of the part-
nership law, which authorizes licensed naturopathic doctors to form and
operate registered limited liability partnerships (LLPs) in New York,
provided that all partners are licensed under Article 138 of the Educa-
tion Law. It places naturopathic doctors on the same footing as other
licensed professionals by allowing them to jointly own and practice
through an LLP while maintaining professional licensing requirements.
Section seven amends section 413 of the social services law to add natu-
ropathic doctors to the list of officials and health professionals
required to report child abuse.
Sections eight and nine amend sections 571 and 585 of the public health
law, respectively, to allow naturopathic doctors to order lab tests.
Sections 10, 11 and 12 amend sections 7805, 8410, and 7805 of the Educa-
tion law, respectively, to eliminate the need for naturopathic doctors
to seek other professional licenses to engage in their profession's full
scope of practice.
Section 13 amends Section 579 of the public health law to ensure naturo-
pathic doctors may perform their own lab testing as allowed for other
health professionals.
 
JUSTIFICATION:
Naturopathic Doctors earn a doctoral degree from a registered school of
Naturopathic Medicine. In the United States, naturopathic medical
programs are accredited by the Council on Naturopathic Medical
Education(CNME).CNME-accredited programs are members of the Association
of Accredited Naturopathic Medical Colleges(AANMC), which are approved
by the U.S Department of Education.
For licensure, NDs must complete an approved clinical postgraduate resi-
dency training and pass a national medical examination. Naturopathic
doctors are currently regulated under state or territorial law in 23
states, as well as the District of Columbia, Puerto Rico, and the U.S.
Virgin Islands. Since New York State does not regulate naturopathic
doctors, anyone may lay claim to the title naturopathic doctor, includ-
ing those who complete a home study course in as little as six weeks.
This poses substantial public safety risks. Licensure would ensure only
appropriately trained professionals hold themselves out as an ND. It
would also allow for the establishment of educational institutions for
naturopathic doctors in the state.
 
LEGISLATIVE HISTORY:
2005-06: S1617B - Died on third reading / A5208B - Referred to Higher
Education
2007-08: S2790 - Reported and committed to finance / A4966 - Referred to
Higher Education
2009-10: S1930 - Referred to Higher Education / A1370 - Referred to
Higher Education
2011-12: S1803E - Passed Senate (2011) / A3057C - Amend and recommitted
to Higher Education
2013-14: S4828A - Passed Senate (2013) / A7860 - Referred to Higher
Education
2015-16: S49 I7A - Referred to Higher Education / A10128 - Referred to
Higher Education
2017-18: S4297 - Referred to Higher Education / A5913 - Held for consid-
eration in Higher Education
2019-20: A4825A - Amended and recommitted to Higher Education
2021-22: S7371 - Referred to Higher Education / A6035 - Referred to
Higher Education
2023-24: S1679 - Referred to Higher Education / A7901 - Referred to
Higher Education
 
FISCAL IMPLICATIONS:
All costs associated with the licensure of this new profession would be
recovered through filing and registration fees.
 
EFFECTIVE DATE:;
This act shall take effect on the five hundred fortieth day after it
shall have become law, provided that specific sections shall take effect
as provided for in Section 11 of this bill.

Statutes affected:
S8714: 1203 limited liability company law, 1207 limited liability company law, 1301 limited liability company law, 121-1500 partnership law, 121-1502 partnership law, 413 social services law, 413(1) social services law, 571 public health law, 571(6) public health law, 585 public health law, 585(1) public health law, 7605 education law, 7605(4) education law, 8410 education law, 8410(1) education law, 7805 education law, 7805(1) education law, 579 public health law, 579(1) public health law