S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2901 A. 4929 1997-1998 Regular Sessions S E N A T E - A S S E M B L Y February 26, 1997 ___________ IN SENATE -- Introduced by Sens. JOHNSON, NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, the real property tax law and the vehicle and traffic law, in relation to authorizing chiroprac- tors to certify disability and provide second opinions and services under five hundred dollars without authorization by an employer; the education law, in relation to providing chiropractors with good samar- itan immunity; the civil practice law and rules, in relation to the statute of limitations for chiropractic malpractice claims; and the education law, in relation to authorizing chiropractors to assist medical inspectors 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD08448-01-7 S. 2901 2 A. 4929 1 second opinion rendered by a physician or chiropractor authorized by the _______________ 2 workers' compensation board. 3  2. Subdivision 3 of section 13-l of the workers' compensation law, 4 as added by chapter 940 of the laws of 1973, is amended to read as 5 follows: 6 3. No claim for an individual instance of chiropractic care or indi- ____________________________________________________ 7 vidual treatment costing more than five hundred dollars shall be valid ________________________________________________________________________ 8 and enforceable, as against such employer, unless such care or treatment ________________________________________________________________________ 9 shall have been authorized by the employer or by the board. Notwith- ________________________________________________________________________ 10 standing the above, no claim for chiropractic care or treatment shall be ________________________________ 11 valid and enforceable as against the employer or employees unless within 12 forty-eight hours following the first treatment the chiropractor giving 13 such care or treatment furnishes to the employer and directly to the 14 chairman a preliminary notice of such injury and treatment, and within 15 fifteen days thereafter a more complete report and subsequent thereto 16 progress reports as requested in writing by the chairman, board, employ- 17 er or insurance carrier, at intervals of not less than three weeks apart 18 or at less frequent intervals if requested on forms prescribed by the 19 chairman. The board may excuse the failure to give such notices within 20 the designated periods when it finds it to be in the interest of justice 21 to do so. Upon receipt of the notice herein provided the employer shall 22 be entitled to have the claimant examined by a qualified chiropractor at 23 a place reasonably convenient to the claimant and in the presence of the 24 claimant's chiropractor, and refusal by the claimant to submit to such 25 examination at such time or times as may reasonably be necessary in the 26 opinion of the board shall bar the claimant from recovering compen- 27 sation, for any period during which he has refused to submit to such 28 examination. 29  3. Subdivision 2 of section 459 of the real property tax law, as 30 added by chapter 200 of the laws of 1983, is amended to read as follows: 31 2. To qualify as physically disabled for the purposes of this section, 32 an individual shall submit to the assessor a certified statement from a 33 physician or chiropractor licensed to practice in the state on a form _______________ 34 prescribed and made available by the state board which states that the 35 individual has a permanent physical impairment which substantially 36 limits one or more of such individual's major life activities, except 37 that an individual who has obtained a certificate from the state commis- 38 sion for the blind and visually handicapped stating that such individual 39 is legally blind may submit such certificate in lieu of a physician's or __ 40 chiropractor's certified statement. ______________ 41  4. The opening paragraph of subdivision 4 of section 404-a of the 42 vehicle and traffic law, as amended by chapter 686 of the laws of 1994, 43 is amended to read as follows: 44 The commissioner shall issue sets of plates to such person in accord- 45 ance with subdivision two of this section with proof of such disability 46 of such person or such members of his family certified by a physician, 47 or podiatrist pursuant to subdivision four-a of this section or chiro- _________ 48 practor, to the satisfaction of the commissioner who is empowered to _______ 49 carry out the effects of this section by formulating rules and regu- 50 lations. 51  5. Paragraph (b) of subdivision 5 of section 404-a of the vehicle 52 and traffic law, as amended by chapter 686 of the laws of 1994, is 53 amended to read as follows: 54 (b) The commissioner may require the applicant for registration to 55 furnish such proof of his disability or such proof of disability of such 56 members of his family from a physician, or podiatrist pursuant to subdi- S. 2901 3 A. 4929 1 vision four-a of this section, or chiropractor as the commissioner deems _______________ 2 necessary either for initial registration or renewal thereof; provided, 3 however, that a handicapped or disabled permit issued by a municipality 4 to such applicant pursuant to section twelve hundred three-a of this 5 chapter shall be deemed sufficient proof of disability for purposes of 6 this paragraph. 7  6. Section 6556 of the education law is amended by adding a new 8 subdivision 3 to read as follows: 9 3. Notwithstanding any inconsistent provision of any general, special ______________________________________________________________________ 10 or local law, any licensed chiropractor who voluntarily and without the ________________________________________________________________________ 11 expectation of monetary compensation renders first aid or emergency ________________________________________________________________________ 12 treatment at the scene of an accident or other emergency, outside a ________________________________________________________________________ 13 hospital, doctor's office or any other place having proper equipment, to ________________________________________________________________________ 14 a person who is unconscious, ill or injured, shall not be liable for ________________________________________________________________________ 15 damages for injuries alleged to have occurred by reason of an act or ________________________________________________________________________ 16 omission in the rendering of such first aid or emergency treatment ________________________________________________________________________ 17 unless it is established that such injuries or such death was caused by ________________________________________________________________________ 18 gross negligence on the part of such chiropractor. Nothing in this ________________________________________________________________________ 19 subdivision shall be deemed or construed to relieve a licensed chiro- ________________________________________________________________________ 20 practor from liability for damages for injuries or death caused by an ________________________________________________________________________ 21 act or omission on the part of a chiropractor while rendering profes- ________________________________________________________________________ 22 sional services in the normal and ordinary course of his practice. __________________________________________________________________ 23  7. Subdivision 6 of section 214 of the civil practice law and rules, 24 as amended by chapter 623 of the laws of 1996, is amended to read as 25 follows: 26 6. an action to recover damages for malpractice, other than medical, 27 dental, chiropractic or podiatric malpractice, regardless of whether the ______________ 28 underlying theory is based in contract or tort; and 29  8. Section 214-a of the civil practice law and rules, as amended by 30 chapter 485 of the laws of 1986, is amended to read as follows: 31  214-a. Action for medical, dental, chiropractic or podiatric malp- ______________ 32 ractice to be commenced within two years and six months; exceptions. An 33 action for medical, dental, chiropractic or podiatric malpractice must ______________ 34 be commenced within two years and six months of the act, omission or 35 failure complained of or last treatment where there is continuous treat- 36 ment for the same illness, injury or condition which gave rise to the 37 said act, omission or failure; provided, however, that where the action 38 is based upon the discovery of a foreign object in the body of the 39 patient, the action may be commenced within one year of the date of such 40 discovery or of the date of discovery of facts which would reasonably 41 lead to such discovery, whichever is earlier. For the purpose of this 42 section the term "continuous treatment" shall not include examinations 43 undertaken at the request of the patient for the sole purpose of ascer- 44 taining the state of the patient's condition. For the purpose of this 45 section the term "foreign object" shall not include a chemical compound, 46 fixation device or prosthetic aid or device. 47  9. Subdivisions 1 and 2 of section 902 of the education law, subdi- 48 vision 1 as separately amended by chapters 318 and 878 of the laws of 49 1953, are amended to read as follows: 50 1. The board of education, and the trustee or board of trustees of 51 each school district, shall employ, at a compensation to be agreed upon 52 by the parties, a competent physician as a medical inspector, to make 53 inspections of pupils attending the public schools in the city or 54 district. The physicians so employed shall be legally qualified to 55 practice medicine in this state. Any such board or trustees may employ 56 one or more school nurses, who shall be registered nurses graduated from S. 2901 4 A. 4929 1 schools of nursing registered by the regents and authorized to practice 2 as such, and such dentists, dental hygienists, chiropractors and nutri- _______________ 3 tionists as may be required. Such nurses, dentists, dental hygienists, _ 4 chiropractors, and nutritionists when so employed shall aid the medical ______________ 5 inspector of the district and shall perform such duties including health 6 instruction for the benefit of the public schools as may be prescribed 7 by such board or trustees. Any such board or trustees may employ an 8 optometrist or oculist to make eye tests of the pupils attending such 9 school, who shall assist the medical inspector of the district. 10 2. A medical inspector, school nurse, optometrist or oculist, 11 dentist, dental hygienist, chiropractor, or nutritionist may be employed _______________ 12 by the trustees or boards of education of two or more school districts, 13 and the compensation of such inspector, school nurse or other assist- 14 ants, and the expenses incurred in making inspections of pupils as 15 provided herein, shall be borne jointly by such districts, and be appor- 16 tioned among them according to the assessed valuation of the taxable 17 property therein. The trustees or boards of education of two or more 18 school districts in a supervisory district may authorize the district 19 superintendent of such district to employ one or more school nurses, 20 optometrists or oculists, dentists, dental hygienists, chiropractors, or ________________ 21 nutritionists to perform services including health instruction in such 22 districts; the compensation of such school nurse or nurses or other 23 experts shall be fixed by the district superintendent, and the compen- 24 sation and expenses incurred by them in caring for the health of the 25 pupils of such districts, as provided herein, shall be borne jointly by 26 such districts and be apportioned by the district superintendent among 27 them according to the assessed valuation of the taxable property there- 28 in. 29  10. This act shall take effect on the ninetieth day after it shall 30 have become a law.