COMMITTEE ON CIVIL PRACTICE LAW AND RULES

REPORT NO. 74 June 10, 1997

S. 2901 By: Senator Johnson

A. 4929 By: M of A Lentol

Senate Committee: Labor

Assembly Committee: Labor

Effective Date: 90th day after it shall

have become a law

AN ACT to amend the workers' compensation law, the real property tax law and the vehicle and traffic law, in relation to authorizing chiropractors to certify disability and provide second opinions and services under five hundred dollars without authorization by an employer; the judiciary law, in relation to excusing chiropractors from jury duty; the education law, in relation to providing chiropractors with good samaritan 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

LAWS AND SECTIONS REFERRED TO: CPLR, § 214 (this report deals only

with the act as it relates to

CPLR § 214-a, although it affects

sections of all of the laws set forth

in the description above)

REPORT PREPARED BY THE COMMITTEE ON CIVIL PRACTICE LAW AND RULES (#25)

THIS BILL IS APPROVED IN PART

This bill is approved as it relates to CPLR § 214-a. That portion of the bill would bring chiropractors in line with medical doctors, dentists and podiatrists insofar as a statute of limitations for malpractice actions against them is concerned. There is no reason for inconsist application of the law among these health providers relative to commencement of an action. Therefore, since the current statute of limitations for medical, dental or podiatric malpractice is two years and six months, the same should apply to chiropractors.

For the foregoing reasons, that portion of the bill which amends § 214-a is APPROVED.

Person Who Prepared The Report: James M. Hartman, Esq.

Chair of the Committee: Paul H. Aloe, Esq.