S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2062 A. 3555
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y
February 2, 1999
___________
IN SENATE -- Introduced by Sens. JOHNSON, BONACIC, LEIBELL -- read twice
and ordered printed, and when printed to be committed to the Committee
on Labor
IN ASSEMBLY -- Introduced by M. of A. LENTOL -- 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; to
amend the education law, in relation to providing chiropractors with
good samaritan immunity and authorizing chiropractors to assist
medical inspectors; and to amend the civil practice law and rules, in
relation to the statute of limitations for chiropractic malpractice
claims
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.
LBD01090-01-9
S. 2062 2 A. 3555
1 second opinion rendered by a physician OR CHIROPRACTOR authorized by the
2 workers` compensation board.
3 S 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 S 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 S 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 S 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. 2062 3 A. 3555
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 S 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 LAW, ANY LICENSED
10 CHIROPRACTOR WHO VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY
11 COMPENSATION RENDERS FIRST AID OR EMERGENCY TREATMENT AT THE SCENE OF AN
12 ACCIDENT OR OTHER EMERGENCY, OUTSIDE A HOSPITAL, DOCTOR`S OFFICE OR ANY
13 OTHER PLACE HAVING PROPER EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL
14 OR INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE
15 OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
16 AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES
17 OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH CHIRO-
18 PRACTOR. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO
19 RELIEVE A LICENSED CHIROPRACTOR FROM LIABILITY FOR DAMAGES FOR INJURIES
20 OR DEATH CAUSED BY AN ACT OR OMISSION ON THE PART OF A CHIROPRACTOR
21 WHILE RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE
22 OF HIS PRACTICE.
23 S 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 S 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 S 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 S 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. 2062 4 A. 3555
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 S 10. This act shall take effect on the ninetieth day after it shall
30 have become a law and shall apply to care rendered by a chiropractor on
31 or after such day.
.SO DOC C 2062/3555 *END* BTXT 1999
Bill S02062
[ Bill
Information ]