RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
424
2003-2004 Regular Sessions
IN SENATE
January 10, 2003
___________
Introduced by Sen. JOHNSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to enabling
chiropractors to provide second opinions and provide certain services
without employer authorization; to amend the real property tax law, in
relation to enabling chiropractors to certify disability; to amend the
vehicle and traffic law, in relation to enabling chiropractors to
certify disability for the purpose of issuance of handicapped license
plates and registration; to amend the civil practice law and rules, in
relation to the statute of limitations for chiropractic malpractice
actions; and to amend the education law, in relation to enabling
chiropractors to be employed by school districts to assist medical
inspectors and giving chiropractors good samaritan immunity
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 5 of section 13-a of the workers' compensation
2 law, as added by chapter 21 of the laws of 1991, is amended to read as
3 follows:
4 (5) No claim for specialist consultations, surgical operations,
5 physiotherapeutic or occupational therapy procedures, x-ray examinations
6 or special diagnostic laboratory tests costing more than five hundred
7 dollars shall be valid and enforceable, as against such employer, unless
8 such special services shall have been authorized by the employer or by
9 the board, or unless such authorization has been unreasonably withheld,
10 or withheld for a period of more than thirty calendar days from receipt
11 of a request for authorization, or unless such special services are
12 required in an emergency, provided, however, that the basis for a denial
13 of such authorization by the employer must be based on a conflicting
14 second opinion rendered by a physician or chiropractor authorized by the
15 workers' compensation board.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03109-01-3
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1 § 2. Paragraph (a) of subdivision 3 of section 13-l of the workers'
2 compensation law, as amended by chapter 473 of the laws of 2000, is
3 amended to read as follows:
4 (a) No claim for chiropractic care or treatment costing more than five
5 hundred dollars shall be valid and enforceable, or against such employ-
6 er, unless such care or treatment shall have been authorized by the
7 employer or by the board. Notwithstanding the above, no claim for
8 chiropractic care or treatment shall be valid and enforceable as against
9 the employer or employees unless within forty-eight hours following the
10 first treatment the chiropractor giving such care or treatment furnishes
11 to the employer and directly to the chair a preliminary notice of such
12 injury and treatment, and within fifteen days thereafter a more complete
13 report and subsequent thereto progress reports as requested in writing
14 by the chair, board, employer or insurance carrier, at intervals of not
15 less than three weeks apart or at less frequent intervals if requested
16 on forms prescribed by the chair. The board may excuse the failure to
17 give such notices within the designated periods when it finds it to be
18 in the interest of justice to do so.
19 § 3. Subdivision 2 of section 459 of the real property tax law, as
20 added by chapter 200 of the laws of 1983, is amended to read as follows:
21 2. To qualify as physically disabled for the purposes of this section,
22 an individual shall submit to the assessor a certified statement from a
23 physician or chiropractor licensed to practice in the state on a form
24 prescribed and made available by the state board which states that the
25 individual has a permanent physical impairment which substantially
26 limits one or more of such individual's major life activities, except
27 that an individual who has obtained a certificate from the state commis-
28 sion for the blind and visually handicapped stating that such individual
29 is legally blind may submit such certificate in lieu of a physician's
30 certified statement.
31 § 4. Subdivision 4 and paragraph (b) of subdivision 5 of section 404-a
32 of the vehicle and traffic law, as amended by chapter 686 of the laws of
33 1994, are amended to read as follows:
34 4. Issue of plates. The commissioner shall issue sets of plates to
35 such person in accordance with subdivision two of this section with
36 proof of such disability of such person or such members of his family
37 certified by a physician, chiropractor or podiatrist pursuant to subdi-
38 vision four-a of this section, to the satisfaction of the commissioner
39 who is empowered to carry out the effects of this section by formulating
40 rules and regulations.
41 For the purposes of this section, a "severely disabled person" shall
42 mean any person having any one or more of the following impairments,
43 disabilities or conditions which are permanent in nature:
44 (a) Has limited or no use of one or both lower limbs;
45 (b) Has a neuro-muscular dysfunction which severely limits mobility;
46 (c) Has a physical or mental impairment or condition which is other
47 than those specified above, but is of such nature as to impose unusual
48 hardship in utilization of public transportation facilities and such
49 condition is certified by a physician duly licensed to practice medicine
50 in this state, or, pursuant to subdivision four-a of this section, a
51 podiatrist duly licensed to practice podiatry in this state, as consti-
52 tuting an equal degree of disability (specifying the particular condi-
53 tion) so as to prevent such person from getting around without great
54 difficulty in accordance with subdivision two of this section; or
55 (d) A blind person.
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1 (b) The commissioner may require the applicant for registration to
2 furnish such proof of his disability or such proof of disability of such
3 members of his family from a physician, chiropractor or podiatrist
4 pursuant to subdivision four-a of this section, as the commissioner
5 deems necessary either for initial registration or renewal thereof;
6 provided, however, that a handicapped or disabled permit issued by a
7 municipality to such applicant pursuant to section twelve hundred
8 three-a of this chapter shall be deemed sufficient proof of disability
9 for purposes of this paragraph.
10 § 5. Subdivision 6 of section 214 of the civil practice law and rules,
11 as amended by chapter 623 of the laws of 1996, is amended to read as
12 follows:
13 6. an action to recover damages for malpractice, other than medical,
14 dental, chiropractic or podiatric malpractice, regardless of whether the
15 underlying theory is based in contract or tort; and
16 § 6. Section 214-a of the civil practice law and rules, as amended by
17 chapter 485 of the laws of 1986, is amended to read as follows:
18 § 214-a. Action for medical, dental, chiropractic or podiatric malp-
19 ractice to be commenced within two years and six months; exceptions. An
20 action for medical, dental, chiropractic or podiatric malpractice must
21 be commenced within two years and six months of the act, omission or
22 failure complained of or last treatment where there is continuous treat-
23 ment for the same illness, injury or condition which gave rise to the
24 said act, omission or failure; provided, however, that where the action
25 is based upon the discovery of a foreign object in the body of the
26 patient, the action may be commenced within one year of the date of such
27 discovery or of the date of discovery of facts which would reasonably
28 lead to such discovery, whichever is earlier. For the purpose of this
29 section the term "continuous treatment" shall not include examinations
30 undertaken at the request of the patient for the sole purpose of ascer-
31 taining the state of the patient's condition. For the purpose of this
32 section the term "foreign object" shall not include a chemical compound,
33 fixation device or prosthetic aid or device.
34 § 7. Section 6556 of the education law is amended by adding a new
35 subdivision 3 to read as follows:
36 3. Notwithstanding any inconsistent provision of any general, special
37 or local law, any licensed chiropractor who voluntarily and without the
38 expectation of monetary compensation renders first aid or emergency
39 treatment at the scene of an accident or other emergency, outside a
40 hospital, doctor's office or any other place having proper equipment, to
41 a person who is unconscious, ill or injured, shall not be liable for
42 damages for injuries alleged to have been sustained by such person or
43 for damages for the death of such person alleged to have occurred by
44 reason of an act or omission in the rendering of such first aid or emer-
45 gency treatment unless it is established that such injuries or such
46 death was caused by gross negligence on the part of such chiropractor.
47 Nothing in this subdivision shall be deemed or construed to relieve a
48 licensed chiropractor from liability for damages for injuries or death
49 caused by an act or omission on the part of a chiropractor while render-
50 ing professional services in the normal and ordinary course of his prac-
51 tice.
52 § 8. Paragraph b of subdivision 1 and subdivision 2 of section 902 of
53 the education law, paragraph b of subdivision 1 as amended by chapter
54 600 of the laws of 2002, are amended to read as follows:
55 b. Any such board or trustees may employ one or more school nurses,
56 who shall be registered nurses graduated from schools of nursing regis-
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1 tered by the regents and authorized to practice as such, and such
2 dentists, dental hygienists, chiropractors and nutritionists as may be
3 required. Such nurses, dentists, dental hygienists, chiropractors and
4 nutritionists when so employed shall aid the inspector employed pursuant
5 to paragraph a of this subdivision of the district and shall perform
6 such duties including health instruction for the benefit of the public
7 schools as may be prescribed by such board or trustees. Any such board
8 or trustees may employ an optometrist or oculist to make eye tests of
9 the pupils attending such school, who shall assist such inspector.
10 2. A medical inspector, school nurse, optometrist or oculist, dentist,
11 dental hygienist, chiropractor or nutritionist may be employed by the
12 trustees or boards of education of two or more school districts, and the
13 compensation of such inspector, school nurse or other assistants, and
14 the expenses incurred in making inspections of pupils as provided here-
15 in, shall be borne jointly by such districts, and be apportioned among
16 them according to the assessed valuation of the taxable property there-
17 in. The trustees or boards of education of two or more school districts
18 in a supervisory district may authorize the district superintendent of
19 such district to employ one or more school nurses, optometrists or
20 oculists, dentists, dental hygienists, chiropractors or nutritionists to
21 perform services including health instruction in such districts; the
22 compensation of such school nurse or nurses or other experts shall be
23 fixed by the district superintendent, and the compensation and expenses
24 incurred by them in caring for the health of the pupils of such
25 districts, as provided herein, shall be borne jointly by such districts
26 and be apportioned by the district superintendent among them according
27 to the assessed valuation of the taxable property therein.
28 § 9. This act shall take effect immediately.