A03816 Summary:

BILL NO    A03816 

SAME AS    No Same as 

SPONSOR    Wright

COSPNSR    

MLTSPNSR   

Amd Ed L, generally; amd SS206-a, 238, 579, 585, 2801-b, 2803-d, 2805-k,
2995-d, 3302 & 3515, Pub Health L; amd SS365-a, 365-g & 413, Soc Serv L; amd
S1212-A, Tax L; amd S404-a, V & T L; amd SS1204 & 1302, Lim Lil L; amd S1.03,
Ment Hyg L; amd S50-d, Gen Muni L; amd SS3216, 4235, 4301, 5501, 5502, 5505 &
5506, Ins L; amd SS1504 & 1526, BC L; amd SS3012-a & 4504, CPLR; amd S396-d,
County L; amd Work Comp L, generally

Changes the name of practitioners of podiatry from podiatrists to podiatric
physicians in numerous provisions of law.
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A03816 Actions:

BILL NO    A03816 

01/27/2015 referred to higher education
01/06/2016 referred to higher education
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A03816 Votes:

There are no votes for this bill in this legislative session.
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A03816 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3816
 
SPONSOR: Wright
  TITLE OF BILL: An act to amend the education law, the public health law, the social services law, the tax law, the vehicle and traffic law, the limited liability company law, the mental hygiene law, the general municipal law, the insurance law, the business corporation law, the civil practice law and rules, the county law and the workers' compensation law, in relation to designating podiatrists as podiatric physicians   PURPOSE OR GENERAL IDEA OF BILL: To allow properly licensed podiatrists to use the title podiatric physi- cian.   SUMMARY OF SPECIFIC PROVISIONS: Amends § 6522 of the Education Law to accomplish the above stated purpose.   JUSTIFICATION: In 31 states podiatrists are already recognized for the integrated role they play in the health care system and, as such, define podiatrists as physicians. Similarly, podiatrists are currently included within the definition of physician under Health Care Finance Authority (HCFA) regu- lations for the purposes of Medicare reimbursement. (MCM 2020.4) This legislation seeks to permit podiatrists in New York to use the more precise title "podiatric physician", instead of physician to avoid any consumer confusion. Given the educational training leading to licensure in podiatric medi- cine and surgery, the podiatrist already plays a heightened and needed role in the diagnosing of systemic diseases and the managing of patient care. Patients who seek podiatric medical services are very frequently those who lack an ongoing relationship with a family physician or a general internist, or who have not encountered such a physician for a year or longer. Professionally trained and licensed in every jurisdic- tion to medically and surgically diagnose and treat all conditions affecting the lower extremities, the Doctor of Podiatric Medicine often encounters the pedal manifestations of systemic diseases, including diabetes, arthritis, neurological disease, and circulatory and kidney disorders. These systemic conditions are frequently first identified in the podiatrist's office which makes the Doctor of Podiatric Medicine a member of a variety of disease management teams and a regular source of referral to other medical specialists.   PRIOR LEGISLATIVE HISTORY: 2013-2014: A.2822 2011-2012: A4850 2010: A1295 2009: A1295 2008: A5239 2007 - A5239 2006 - A2922 See Bill A.1446 (2002)   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A03816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3816
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Higher Education
 
        AN  ACT  to  amend  the education law, the public health law, the social
          services law, the tax law, the vehicle and traffic  law,  the  limited
          liability  company  law, the mental hygiene law, the general municipal
          law, the insurance law, the business corporation law, the civil  prac-
          tice  law and rules, the county law and the workers' compensation law,
          in relation to designating podiatrists as podiatric physicians
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 6505-b of the education law, as amended by chapter
     2  477 of the laws of 2008, is amended to read as follows:
     3    § 6505-b. Course work or  training  in  infection  control  practices.
     4  Every  dentist, registered nurse, licensed practical nurse, [podiatrist]
     5  podiatric physician, optometrist and dental hygienist practicing in  the
     6  state  shall,  on or before July first, nineteen hundred ninety-four and
     7  every four years thereafter, complete course work or training  appropri-
     8  ate  to the professional's practice approved by the department regarding
     9  infection control and barrier  precautions,  including  engineering  and
    10  work  practice controls, in accordance with regulatory standards promul-
    11  gated by the department, in consultation with the department of  health,
    12  which  shall  be  consistent, as far as appropriate, with such standards
    13  adopted by the department of health  pursuant  to  section  two  hundred
    14  thirty-nine of the public health law to prevent the transmission of HIV,
    15  HBV  or  HCV  in  the course of professional practice. Each such profes-
    16  sional shall document to the department  at  the  time  of  registration
    17  commencing  with  the  first  registration  after  July  first, nineteen
    18  hundred ninety-four that the professional has completed course  work  or
    19  training  in  accordance  with  this  section,  provided, however that a
    20  professional subject to the provisions of paragraph (f)  of  subdivision
    21  one  of  section  twenty-eight  hundred  five-k of the public health law
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05296-01-5

        A. 3816                             2
 
     1  shall not be required to so document. The department  shall  provide  an
     2  exemption from this requirement to anyone who requests such an exemption
     3  and  who  (i) clearly demonstrates to the department's satisfaction that
     4  there  would  be  no need for him or her to complete such course work or
     5  training because of the nature of his or her practice or (ii) that he or
     6  she has completed course work or training deemed by the department to be
     7  equivalent to the course work or training  approved  by  the  department
     8  pursuant  to  this  section. The department shall consult with organiza-
     9  tions representative of professions, institutions and those with  exper-
    10  tise in infection control and HIV, HBV and HCV with respect to the regu-
    11  latory standards promulgated pursuant to this section.
    12    §  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
    13  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    14  as follows:
    15    a. Establish standards for preprofessional and professional education,
    16  experience and licensing examinations as required to implement the arti-
    17  cle for each profession. Notwithstanding any other provision of law, the
    18  commissioner shall establish standards requiring that all persons apply-
    19  ing,  on or after January first, nineteen hundred ninety-one, initially,
    20  or for the renewal of, a license, registration or limited permit to be a
    21  physician, chiropractor, dentist, registered nurse, [podiatrist]  podia-
    22  tric physician, optometrist, psychiatrist, psychologist, licensed master
    23  social  worker,  licensed clinical social worker, licensed creative arts
    24  therapist, licensed  marriage  and  family  therapist,  licensed  mental
    25  health  counselor,  licensed  psychoanalyst,  dental hygienist, licensed
    26  behavior analyst, or certified  behavior  analyst  assistant  shall,  in
    27  addition  to  all  the other licensure, certification or permit require-
    28  ments, have completed two hours of coursework or training regarding  the
    29  identification  and  reporting  of  child  abuse  and  maltreatment. The
    30  coursework or training shall be obtained from an institution or provider
    31  which has been approved by the department to provide such coursework  or
    32  training. The coursework or training shall include information regarding
    33  the  physical  and behavioral indicators of child abuse and maltreatment
    34  and the statutory  reporting  requirements  set  out  in  sections  four
    35  hundred thirteen through four hundred twenty of the social services law,
    36  including  but  not limited to, when and how a report must be made, what
    37  other actions the reporter is mandated or authorized to take, the  legal
    38  protections  afforded  reporters,  and  the  consequences for failing to
    39  report. Such coursework or training may also include information regard-
    40  ing the physical and behavioral indicators of the abuse  of  individuals
    41  with  [mental  retardation  and  other]  developmental  disabilities and
    42  voluntary reporting of abused or  neglected  adults  to  the  office  of
    43  [mental  retardation  and] people with developmental disabilities or the
    44  local adult protective services unit. Each applicant shall  provide  the
    45  department  with  documentation showing that he or she has completed the
    46  required training. The department shall provide an  exemption  from  the
    47  child  abuse and maltreatment training requirements to any applicant who
    48  requests such an exemption and who shows, to the department's  satisfac-
    49  tion,  that  there  would be no need because of the nature of his or her
    50  practice for him or her to complete such training;
    51    § 3. The opening paragraph of subdivision 3 of  section  6527  of  the
    52  education law, as amended by chapter 257 of the laws of 1987, is amended
    53  to read as follows:
    54    No individual who serves as a member of (a) a committee established to
    55  administer a utilization review plan of a hospital, including a hospital
    56  as  defined in article twenty-eight of the public health law or a hospi-

        A. 3816                             3
 
     1  tal as defined in subdivision ten of section 1.03 of the mental  hygiene
     2  law,  or  (b) a committee having the responsibility of the investigation
     3  of an incident reported pursuant to section 29.29 of the mental  hygiene
     4  law or the evaluation and improvement of the quality of care rendered in
     5  a  hospital  as defined in article twenty-eight of the public health law
     6  or a hospital as defined in subdivision  ten  of  section  1.03  of  the
     7  mental  hygiene law, or (c) any medical review committee or subcommittee
     8  thereof of a local, county or state medical, dental, podiatry or optome-
     9  trical society, any such society itself, a professional standards review
    10  organization or an individual when such committee, subcommittee,  socie-
    11  ty,  organization  or  individual  is  performing any medical or quality
    12  assurance review function including the  investigation  of  an  incident
    13  reported  pursuant  to  section  29.29 of the mental hygiene law, either
    14  described in clauses (a) and (b) of this subdivision, required  by  law,
    15  or  involving  any  controversy  or  dispute  between  (i)  a physician,
    16  dentist, [podiatrist] podiatric physician  or  optometrist  or  hospital
    17  administrator  and a patient concerning the diagnosis, treatment or care
    18  of such patient or the fees or charges therefor  or  (ii)  a  physician,
    19  dentist,  [podiatrist]  podiatric  physician  or optometrist or hospital
    20  administrator and a provider of medical, dental, podiatric or optometri-
    21  cal services concerning any medical or health charges or  fees  of  such
    22  physician,  dentist, [podiatrist] podiatric physician or optometrist, or
    23  (d) a committee  appointed  pursuant  to  section  twenty-eight  hundred
    24  five-j of the public health law to participate in the medical and dental
    25  malpractice  prevention  program, or (e) any individual who participated
    26  in the preparation of incident reports required  by  the  department  of
    27  health  pursuant  to  section  twenty-eight hundred five-l of the public
    28  health law, or (f) a committee established to administer  a  utilization
    29  review  plan, or a committee having the responsibility of evaluation and
    30  improvement of the quality of care rendered,  in  a  health  maintenance
    31  organization organized under article forty-four of the public health law
    32  or article forty-three of the insurance law, including a committee of an
    33  individual  practice  association  or medical group acting pursuant to a
    34  contract with such a health maintenance organization, shall be liable in
    35  damages to any person for any action taken or recommendations  made,  by
    36  him  within the scope of his function in such capacity provided that (a)
    37  such individual has taken action  or  made  recommendations  within  the
    38  scope  of  his  function  and  without malice, and (b) in the reasonable
    39  belief after reasonable investigation that the act or recommendation was
    40  warranted, based upon the facts disclosed.
    41    § 4. Subdivision 25-a of section 6530 of the education law,  as  added
    42  by chapter 542 of the laws of 2000, is amended to read as follows:
    43    25-a.  With  respect  to  any  non-emergency  treatment,  procedure or
    44  surgery which is expected to involve local or general anesthesia,  fail-
    45  ing  to disclose to the patient the identities of all physicians, except
    46  medical residents in certified training programs,  [podiatrists]  podia-
    47  tric  physicians  and  dentists,  reasonably  anticipated to be actively
    48  involved in such treatment, procedure or  surgery  and  to  obtain  such
    49  patient's informed consent to said practitioners' participation;
    50    §  5.  Subdivision 7 of section 6811 of the education law, as added by
    51  chapter 987 of the laws of 1971, is amended to read as follows:
    52    7. Any person to enter into an agreement with  a  physician,  dentist,
    53  [podiatrist]  podiatric physician or veterinarian for the compounding or
    54  dispensing of secret formula (coded) prescriptions;

        A. 3816                             4
 
     1    § 6. Paragraph j of subdivision 2 of section  6815  of  the  education
     2  law,  as  amended by chapter 752 of the laws of 1973, is amended to read
     3  as follows:
     4    j.  Except  as  required  by article thirty-three of the public health
     5  law, the labeling provisions of this article  shall  not  apply  to  the
     6  compounding  and  dispensing  of  drugs on the written prescription of a
     7  physician, a dentist, a [podiatrist] podiatric physician or a  veterina-
     8  rian,  which prescription when filled shall be kept on file for at least
     9  five years by the pharmacist or druggist. Such drug shall bear  a  label
    10  containing  the  name and place of business of the dispenser, the serial
    11  number and date of the prescription, directions for use as may be stated
    12  in the prescription, name and address of the patient and the name of the
    13  physician  or  other  practitioner  authorized  by  law  to  issue   the
    14  prescription.   In addition, such label shall contain the proprietary or
    15  brand name of the drug and, if applicable, the strength of the contents,
    16  unless the person issuing the  prescription  explicitly  states  on  the
    17  prescription,  in his own handwriting, that the name of the drug and the
    18  strength thereof should not appear on the label.
    19    § 7. Subdivision c of section 6731 of the education law, as amended by
    20  chapter 389 of the laws of 2007, is amended to read as follows:
    21    c. Such treatment shall be rendered pursuant to a referral  which  may
    22  be  directive  as to treatment by a licensed physician, dentist, [podia-
    23  trist] podiatric physician, nurse practitioner or licensed midwife, each
    24  acting within his or her lawful scope of  practice,  and  in  accordance
    25  with  their  diagnosis,  except  as  provided  in  subdivision d of this
    26  section.
    27    § 8. Subdivision 3 of section 6817 of the education law, as amended by
    28  chapter 752 of the laws of 1973, is amended to read as follows:
    29    3. A drug dispensed on a written or oral prescription of a  physician,
    30  dentist,  [podiatrist]  podiatric  physician  or  veterinarian (except a
    31  controlled substance), shall be exempt from  the  requirements  of  this
    32  section  if  such  drug  bears  a label containing the name and place of
    33  business  of  the  dispenser,  the  serial  number  and  date   of   the
    34  prescription,  directions  for  use as may be stated in the prescription
    35  and the name of the physician, dentist, [podiatrist] podiatric physician
    36  or veterinarian issuing the prescription and the name of the patient. In
    37  addition, such drug shall bear a label  containing  the  proprietary  or
    38  brand name of the drug and, if applicable, the strength of the contents,
    39  unless  the  person  issuing  the  prescription explicitly states on the
    40  prescription, in his own handwriting, that the name of the drug and  the
    41  strength thereof should not appear on the label.
    42    §  9.  Section 7001 of the education law, as amended by chapter 438 of
    43  the laws of 2012, subdivision 1 as amended and subdivision 3 as added by
    44  chapter 23 of the laws of 2013, is amended to read as follows:
    45    § 7001. Definition of practice of podiatry. 1.  The  practice  of  the
    46  profession of podiatry is defined as diagnosing, treating, operating and
    47  prescribing for any disease, injury, deformity or other condition of the
    48  foot,  and  may  include  performing physical evaluations in conjunction
    49  with the provision of podiatric treatment. For  the  purposes  of  wound
    50  care  however,  the  practice of podiatry shall include the treatment of
    51  such wounds if they are contiguous with wounds relating, originating  or
    52  in  the  course of treatment of a wound on the foot within the podiatric
    53  scope of practice. Wound care shall  not,  however,  extend  beyond  the
    54  level  ending  at the distal tibial tuberosity. The practice of podiatry
    55  may also include diagnosing, treating, operating and prescribing for any
    56  disease, injury, deformity or other condition  of  the  ankle  and  soft

        A. 3816                             5
 
     1  tissue of the leg below the tibial tuberosity if the [podiatrist] podia-
     2  tric physician has obtained an issuance of a privilege to perform podia-
     3  tric standard ankle surgery or advanced ankle surgery in accordance with
     4  section  seven  thousand  nine  of this article. [Podiatrists] Podiatric
     5  physicians may treat traumatic open wound fractures only  in  hospitals,
     6  as  defined  in  article  twenty-eight of the public health law. For the
     7  purposes of this article, the term  "ankle"  shall  be  defined  as  the
     8  distal  metaphysis  and epiphysis of the tibia and fibula, the articular
     9  cartilage of the distal tibia and  distal  fibula,  the  ligaments  that
    10  connect  the distal metaphysis and epiphysis of the tibia and fibula and
    11  talus, and the portions of skin, subcutaneous  tissue,  facia,  muscles,
    12  tendons,  ligaments and nerves at or below the level of the myotendinous
    13  junction of the triceps surae.
    14    2. The practice of podiatry shall not include treating any part of the
    15  human body other than the foot, nor treating fractures of  the  malleoli
    16  or  cutting  operations upon the malleoli unless the [podiatrist] podia-
    17  tric physician obtains an issuance of a privilege to  perform  podiatric
    18  standard  ankle  surgery  or  podiatric  advanced ankle surgery. [Podia-
    19  trists] Podiatric physicians who have obtained an issuance of  a  privi-
    20  lege  to perform podiatric standard ankle surgery may perform surgery on
    21  the ankle which may include soft tissue and  osseous  procedures  except
    22  those  procedures  specifically  authorized  for [podiatrists] podiatric
    23  physicians who have obtained an issuance of  a  privilege  for  advanced
    24  ankle  surgery.  [Podiatrists] Podiatric physicians who have obtained an
    25  issuance of a privilege to perform podiatric advanced ankle surgery  may
    26  perform  surgery on the ankle which may include ankle fracture fixation,
    27  ankle fusion, ankle arthroscopy, insertion or removal of external  fixa-
    28  tion pins into or from the tibial diaphysis at or below the level of the
    29  myotendinous junction of the triceps surae, and insertion and removal of
    30  retrograde tibiotalocalcanneal intramedullary rods and locking screws up
    31  to the level of the myotendinous junction of the triceps surae, but does
    32  not  include  the  surgical treatment of complications within the tibial
    33  diaphysis related to the use of such external fixation  pins.    [Podia-
    34  trists] Podiatric physicians licensed to practice, but not authorized to
    35  prescribe  or  administer  narcotics prior to the effective date of this
    36  subdivision, may do so only after certification  by  the  department  in
    37  accordance  with the qualifications established by the commissioner. The
    38  practice of podiatry shall include administering only local  anesthetics
    39  for  therapeutic  purposes as well as for anesthesia and treatment under
    40  general anesthesia administered by authorized persons. The  practice  of
    41  podiatry  by  any  licensee  shall  not  include  partial or total ankle
    42  replacements nor the treatment of pilon fractures.
    43    3. (a) The department shall conduct a study to  determine  whether  to
    44  make  available to the public profiles on [podiatrists] podiatric physi-
    45  cians who have obtained an issuance of a privilege to perform  podiatric
    46  standard  or advanced ankle surgery pursuant to subdivisions one and two
    47  of section seven thousand nine of this article. Such study shall include
    48  consideration of whether it would be appropriate and  feasible  for  the
    49  department  to  make  publicly available profiles for such [podiatrists]
    50  podiatric physicians in a manner  similar  to  physician  profiles  made
    51  available  on  the  department  of  health's  website in accordance with
    52  section twenty-nine hundred ninety-five-a of the public health law.  The
    53  department  shall  consult with the department of health as necessary on
    54  matters related to the operation of the department of health's physician
    55  profiles established pursuant to  section  twenty-nine  hundred  ninety-
    56  five-a of the public health law in conducting its study.

        A. 3816                             6
 
     1    (b)  If  the  department determines that making [podiatrist] podiatric
     2  physician profiles available is appropriate and  feasible,  the  depart-
     3  ment, after consultation with the department of health, shall outline in
     4  such  study an appropriate and cost effective method of presenting rele-
     5  vant  and  appropriate  podiatric physician profiling information to the
     6  general public. The department shall submit such study to the  governor,
     7  the  temporary president of the senate, the speaker of the assembly, the
     8  minority leader of the senate and the minority leader of the assembly on
     9  or before November first, two thousand sixteen.
    10    (c) If the department makes [podiatrist] podiatric physician  profiles
    11  available as set forth in paragraph (b) of this subdivision, the depart-
    12  ment  of  health  shall  include on its website containing the physician
    13  profiles established pursuant to  section  twenty-nine  hundred  ninety-
    14  five-a  of  the  public  health  law a link to the website on which such
    15  [podiatrist] podiatric physician profiles may be accessed and  a  state-
    16  ment describing the purpose of such link.
    17    §  10.  Section  7002 of the education law, as added by chapter 987 of
    18  the laws of 1971, is amended to read as follows:
    19    § 7002. Practice of podiatry and use of title  ["podiatrist"]  "podia-
    20  tric  physician".    Only a person licensed or exempt under this article
    21  shall practice podiatry  or  use  the  title  ["podiatrist"]  "podiatric
    22  physician" or "chiropodist".
    23    §  11.  Section  7003 of the education law, as added by chapter 987 of
    24  the laws of 1971, is amended to read as follows:
    25    § 7003. State board for podiatry.  A state board for podiatry shall be
    26  appointed by the board of regents on recommendation of the  commissioner
    27  for  the purpose of assisting the board of regents and the department on
    28  matters of professional licensing and professional conduct in accordance
    29  with section sixty-five hundred eight of this title.  The board shall be
    30  composed of not  less  than  seven  [podiatrists]  podiatric  physicians
    31  licensed  in  this state.   An executive secretary to the board shall be
    32  appointed by the board of regents on recommendation of the commissioner.
    33    § 12. The opening paragraph of section 7004 of the education  law,  as
    34  added by chapter 987 of the laws of 1971, is amended to read as follows:
    35    To  qualify  for  a  license as a [podiatrist] podiatric physician, an
    36  applicant shall fulfill the following requirements:
    37    § 13. Section 7005 of the education law, as amended by chapter  39  of
    38  the laws of 1982, is amended to read as follows:
    39    § 7005. Exempt persons.  Nothing in this article shall be construed to
    40  affect  or prevent[:  1. A] a student from engaging in clinical practice
    41  under supervision of a licensed [podiatrist] podiatric  physician  in  a
    42  school of podiatry in this state registered by the department.
    43    §  14.  Section  7006 of the education law, as added by chapter 987 of
    44  the laws of 1971, subdivision 1 as amended by chapter 805 of the laws of
    45  1984, subdivision 3 as added by chapter 413 of  the  laws  of  1988  and
    46  subdivision  4 as amended by chapter 544 of the laws of 2003, is amended
    47  to read as follows:
    48    § 7006. Special provision.   1.  No  corporation,  except  a  hospital
    49  corporation authorized under article forty-three of the insurance law or
    50  a  corporation organized and existing under the laws of the state of New
    51  York which, on or before  the  first  day  of  March,  nineteen  hundred
    52  forty-two, was legally incorporated to practice podiatry, shall practice
    53  podiatry,  and then only through licensed [podiatrists] podiatric physi-
    54  cians and shall conform to board  of  regents  rules.    No  corporation
    55  organized  to  practice podiatry shall change its name or sell its fran-
    56  chise or transfer its corporate rights directly or indirectly, by trans-

        A. 3816                             7
 
     1  fer of capital stock control or otherwise, to any person or  to  another
     2  corporation  without  permission from the department and any corporation
     3  so changing its name or  so  transferring  its  franchise  or  corporate
     4  rights  without  such permission or found guilty of violating a board of
     5  regents rule shall be deemed to have forfeited its right  to  exist  and
     6  shall be dissolved by a proceeding brought by the attorney general.
     7    2.    Any manufacturer or merchant may sell, advertise, fit, or adjust
     8  proprietary foot remedies, arch supports, corrective foot appliances  or
     9  shoes.
    10    3.  Notwithstanding any inconsistent provision of any general, special
    11  or local law, any licensed [podiatrist] podiatric physician  who  volun-
    12  tarily  and  without  the  expectation  of monetary compensation renders
    13  first aid or emergency treatment at the scene of an  accident  or  other
    14  emergency,  outside  of  a hospital or any other place having proper and
    15  necessary medical equipment, to a person  who  is  unconscious,  ill  or
    16  injured  shall  not  be  liable for damages for injuries alleged to have
    17  been sustained by such person or for  damages  for  the  death  of  such
    18  person  alleged  to have occurred by reason of an act or omission in the
    19  rendering of such first aid or emergency treatment unless it  is  estab-
    20  lished  that such injuries were or such death was caused by gross negli-
    21  gence on the part of such [podiatrist] podiatric physician.  Nothing  in
    22  this  subdivision  shall  be  deemed  or construed to relieve a licensed
    23  [podiatrist] podiatric physician from liability for damages for injuries
    24  or death caused by an act or omission on  the  part  of  a  [podiatrist]
    25  podiatric  physician while rendering professional services in the normal
    26  and ordinary course of practice.
    27    4. An unlicensed person may provide supportive services to  a  [podia-
    28  trist]  podiatric  physician  incidental  to  and  concurrent  with such
    29  [podiatrist] podiatric physician  personally  performing  a  service  or
    30  procedure.  Nothing  in  this subdivision shall be construed to allow an
    31  unlicensed person to provide any service which constitutes the  practice
    32  of  podiatry  as defined in this article. An unlicensed person providing
    33  supportive services to a [podiatrist] podiatric  physician  may  operate
    34  radiographic  equipment under direct supervision for the sole purpose of
    35  foot radiography provided that such person completes a course  of  study
    36  acceptable  to  the  department  in  consultation with the department of
    37  health.
    38    § 15. Subdivision 1 of section 7007 of the education law, as added  by
    39  chapter 728 of the laws of 1990, is amended to read as follows:
    40    1.  Limited  permits to practice podiatry may be issued by the depart-
    41  ment to graduates of a program of  professional  education  in  podiatry
    42  registered  by  the  department  or  accredited by an accrediting agency
    43  acceptable to the department. Such permits shall authorize the  practice
    44  of podiatry only under the supervision of a licensed [podiatrist] podia-
    45  tric physician and only in:
    46    a.  a hospital or health facility licensed pursuant to article twenty-
    47  eight of the public health law; or
    48    b. a clerkship for a period of  two  years  or  less  conducted  by  a
    49  licensed  [podiatrist] podiatric physician designated as a member of the
    50  faculty of an approved school of podiatry for purposes of  a  preceptor-
    51  ship program[; or].
    52    §  16.  Section  7009 of the education law, as added by chapter 438 of
    53  the laws of 2012, is amended to read as follows:
    54    § 7009. Podiatric ankle surgery privileges. 1. For issuance of a priv-
    55  ilege to perform podiatric standard ankle surgery, as that term is  used

        A. 3816                             8
 
     1  in  subdivision  two  of section seven thousand one of this article, the
     2  applicant shall fulfill the following requirements:
     3    a. Application: file an application with the department;
     4    b.  License:  be licensed as a [podiatrist] podiatric physician in the
     5  state;
     6    c. Training and certification: either:
     7    (i) have graduated on or after June first, two  thousand  six  from  a
     8  three-year  residency program in podiatric medicine and surgery that was
     9  accredited by an accrediting agency acceptable to the department, and be
    10  certified in reconstructive rearfoot and ankle  surgery  by  a  national
    11  certifying  board  having  certification  standards  acceptable  to  the
    12  department; or
    13    (ii) have graduated on or after June first, two thousand  six  from  a
    14  three-year  residency program in podiatric medicine and surgery that was
    15  accredited by an accrediting agency acceptable  to  the  department,  be
    16  board  qualified  but  not  yet certified in reconstructive rearfoot and
    17  ankle surgery by a national certifying board having certification stand-
    18  ards acceptable to the department, and provide documentation that he  or
    19  she  has  acceptable  training  and  experience in standard or [advance]
    20  advanced midfoot, rearfoot and ankle procedures that has  been  approved
    21  by the department; or
    22    (iii)  have  graduated before June first, two thousand six from a two-
    23  year residency program  in  podiatric  medicine  and  surgery  that  was
    24  accredited  by  an  accrediting  agency acceptable to the department, be
    25  certified in reconstructive rearfoot and ankle  surgery  by  a  national
    26  certifying  board  having  certification  standards  acceptable  to  the
    27  department, and provide documentation that  he  or  she  has  acceptable
    28  training  and  experience  in standard or advanced midfoot, rearfoot and
    29  ankle procedures that has been approved by the department;
    30    d. Fees: pay a fee to the department of two hundred twenty dollars for
    31  the issuance of a privilege to perform podiatric standard ankle surgery.
    32    2. For issuance of a privilege to  perform  podiatric  advanced  ankle
    33  surgery,  as that term is used in subdivision two of section seven thou-
    34  sand one of this article, the  applicant  shall  fulfill  the  following
    35  requirements:
    36    a. Application: file an application with the department;
    37    b.  License:  be licensed as a [podiatrist] podiatric physician in the
    38  state;
    39    c. Experience and certification: either:
    40    (i) have graduated on or after June first, two  thousand  six  from  a
    41  three-year  residency program in podiatric medicine and surgery that was
    42  accredited by an accrediting agency acceptable  to  the  department,  be
    43  certified  in  reconstructive  rearfoot  and ankle surgery by a national
    44  certifying  board  having  certification  standards  acceptable  to  the
    45  department,  and  provide  documentation  that  he or she has acceptable
    46  training and experience in advanced midfoot, rearfoot and  ankle  proce-
    47  dures that has been approved by the department; or
    48    (ii)  have  graduated  before June first, two thousand six from a two-
    49  year residency program  in  podiatric  medicine  and  surgery  that  was
    50  accredited  by  an  accrediting  agency acceptable to the department, be
    51  certified in reconstructive rearfoot and ankle surgery,  by  a  national
    52  certifying  board  having  certification  standards  acceptable  to  the
    53  department, and provide documentation that  he  or  she  has  acceptable
    54  training  and  experience in advanced midfoot, rearfoot and ankle proce-
    55  dures that has been approved by the department.

        A. 3816                             9
 
     1    d. Fees: pay a fee to the department of two hundred twenty dollars for
     2  the issuance of a privilege to perform podiatric advanced ankle surgery.
     3    3.  Duration  and registration of privileges. A privilege issued under
     4  this section shall be valid for the life of the holder, unless  revoked,
     5  annulled,  or  suspended by the board of regents. Such a privilege shall
     6  be subject to the same oversight and disciplinary provisions as licenses
     7  issued under this title. The holder of a  privilege  issued  under  this
     8  section  shall register with the department as a privilege holder in the
     9  same manner and subject to the same provisions as required of a licensee
    10  pursuant to section  six  thousand  five  hundred  two  of  this  title,
    11  provided  that,  at  the time of each registration, the privilege holder
    12  shall certify that he or she continues to meet the requirements for  the
    13  privilege set forth in this section. The fee for such registration shall
    14  be  two  hundred  ten  dollars.  The registration period for a privilege
    15  holder shall be coterminous with his or her registration  as  a  [podia-
    16  trist] podiatric physician.
    17    §  17.  Section  7010 of the education law, as added by chapter 438 of
    18  the laws of 2012, is amended to read as follows:
    19    § 7010. 1. Ankle surgery limited permits. A limited permit to  perform
    20  podiatric  standard  ankle  surgery,  as described in subdivision two of
    21  section seven thousand one of this article, may be issued by the depart-
    22  ment to a [podiatrist] podiatric physician who is licensed  pursuant  to
    23  this    article    and   who   has   met   the   residency   and   board
    24  qualification/certification requirements set forth in subdivision one of
    25  section seven thousand nine of this article in order to  authorize  such
    26  [podiatrist]  podiatric  physician to obtain the training and experience
    27  required for the issuance of a podiatric standard ankle  surgery  privi-
    28  lege  pursuant to subdivision one of section seven thousand nine of this
    29  article. Such permits shall authorize the performance of podiatric stan-
    30  dard ankle surgery only under  the  direct  personal  supervision  of  a
    31  licensed  [podiatrist]  podiatric physician holding a podiatric standard
    32  ankle surgery privilege or a podiatric advanced ankle surgery  privilege
    33  issued  pursuant  to section seven thousand nine of this article or of a
    34  physician licensed pursuant to article one hundred  thirty-one  of  this
    35  title and certified in orthopedic surgery by a national certifying board
    36  having certification standards acceptable to the department.
    37    2.  A  limited  permit to perform podiatric advanced ankle surgery, as
    38  described in subdivision two of section seven thousand one of this arti-
    39  cle, may be issued by the department to a [podiatrist] podiatric  physi-
    40  cian  who is licensed pursuant to this article and who has met the resi-
    41  dency and board certification requirements set forth in subdivision  two
    42  of  section  seven  thousand  nine of this article in order to authorize
    43  such [podiatrist] podiatric physician to obtain the training and experi-
    44  ence required for the issuance of a  podiatric  advanced  ankle  surgery
    45  privilege  pursuant to subdivision two of section seven thousand nine of
    46  this article. Such permits shall authorize the performance of  podiatric
    47  advanced  ankle  surgery only under the direct personal supervision of a
    48  licensed [podiatrist] podiatric physician holding a  podiatric  advanced
    49  ankle  surgery  privilege  issued pursuant to subdivision two of section
    50  seven thousand nine of this article or of a physician licensed  pursuant
    51  to  article  one  hundred  thirty-one  of  this  title  and certified in
    52  orthopedic surgery by a national certifying board  having  certification
    53  standards acceptable to the department.
    54    3. For the purposes of this section, direct personal supervision means
    55  supervision  of  procedures  based on instructions given directly by the
    56  supervising [podiatrist] podiatric physician or physician who remains in

        A. 3816                            10
 
     1  the immediate area where the procedures are being performed,  authorizes
     2  the  procedures  and evaluates the procedures performed by the holder of
     3  the limited permit.
     4    4.  The  holder  of  a  limited permit issued pursuant to this section
     5  shall perform podiatric ankle surgery  only  in  a  hospital  or  health
     6  facility  licensed pursuant to article twenty-eight of the public health
     7  law and appropriately authorized to provide such surgery.
     8    5. Limited permits shall be issued for a period of one year,  and  may
     9  be  renewed for additional one year periods when necessary to permit the
    10  completion of the training and experience required to obtain a podiatric
    11  standard ankle surgery privilege or  podiatric  advanced  ankle  surgery
    12  privilege,  as  applicable,  provided that no permit may be renewed more
    13  than four times for each such privilege.
    14    6. The fee for a limited permit shall be one hundred five dollars  and
    15  the fee for a renewal shall be fifty dollars.
    16    §  18.  The  education  law is amended by adding a new section 7011 to
    17  read as follows:
    18    § 7011. Prior license as podiatrist.  Any  individual  licensed  as  a
    19  podiatrist  prior  to  the  effective date of this section shall, on and
    20  after the effective date of this section, be deemed to be licensed as  a
    21  podiatric  physician  pursuant  to  this article for all purposes of the
    22  laws of this state, and any such individual may use the title "podiatric
    23  physician".
    24    § 19. Paragraphs a and b of subdivision 1  of  section  206-a  of  the
    25  public  health  law,  as amended by chapter 460 of the laws of 1985, are
    26  amended to read as follows:
    27    a. To deny to or to withhold from a physician, dentist or [podiatrist]
    28  podiatric physician staff membership or  professional  privileges  in  a
    29  hospital  because  of  his  participation in any medical group practice,
    30  non-profit health insurance plan, or comprehensive health services  plan
    31  offered  by  a health maintenance organization authorized by the laws of
    32  the state; or
    33    b. To exclude or to expel a physician, dentist or [podiatrist]  podia-
    34  tric  physician from staff membership or to curtail, terminate or dimin-
    35  ish in any way a  physician's,  dentist's  or  [podiatrist's]  podiatric
    36  physician's professional privileges in a hospital because of his partic-
    37  ipation in any medical group practice, non-profit health insurance plan,
    38  or  comprehensive  health  services plan offered by a health maintenance
    39  organization authorized by the laws of the state.
    40    § 20. Subdivision 11 of section 238 of the public health law, as added
    41  by chapter 803 of the laws of 1992, is amended to read as follows:
    42    11. "Practitioner" shall mean  a  licensed  or  registered  physician,
    43  dentist, [podiatrist] podiatric physician, chiropractor, nurse, midwife,
    44  physician  assistant  or  specialist  assistant,  physical therapist, or
    45  optometrist.
    46    § 21. Subdivision 1 of section  579  of  the  public  health  law,  as
    47  amended  by  chapter  444  of  the  laws  of 2013, is amended to read as
    48  follows:
    49    1. This title is applicable to all  clinical  laboratories  and  blood
    50  banks operating within the state, except clinical laboratories and blood
    51  banks operated by the federal government and clinical laboratories oper-
    52  ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
    53  tioner,  optometrist performing a clinical laboratory test that does not
    54  use an invasive modality as defined in section seventy-one  hundred  one
    55  of  the  education  law or [podiatrist] podiatric physician who performs
    56  laboratory tests or procedures, personally or through his or her employ-

        A. 3816                            11
 
     1  ees, solely as an adjunct to the treatment of his or her  own  patients;
     2  to  the extent authorized by federal and state law, including the educa-
     3  tion law, and consistent with any applicable written practice agreement.
     4    §  22. Subdivision 1 of section 585 of the public health law, as added
     5  by chapter 803 of the laws of 1992, is amended to read as follows:
     6    1. "Health services purveyor" means  any  person,  firm,  partnership,
     7  group,  association,  corporation  or  professional  corporation, or any
     8  agent, employee, fiduciary, employer or representative thereof,  includ-
     9  ing  but  not  limited  to  a physician, dentist, [podiatrist] podiatric
    10  physician, or chiropractor, either in individual practice,  group  prac-
    11  tice  or employed in a facility owned by any person, group, association,
    12  firm, partnership or corporation hiring any of the aforementioned  prac-
    13  titioners, who provide health or health related services.
    14    § 23. Subdivisions 1 and 3 of section 2801-b of the public health law,
    15  as  amended  by  chapter 605 of the laws of 2008, are amended to read as
    16  follows:
    17    1. It shall be an improper practice for the governing body of a hospi-
    18  tal to refuse to act upon an application for staff membership or profes-
    19  sional privileges or to deny or withhold from a physician,  [podiatrist]
    20  podiatric  physician,  optometrist,  dentist  or  licensed midwife staff
    21  membership or professional privileges in a hospital, or  to  exclude  or
    22  expel   a  physician,  [podiatrist]  podiatric  physician,  optometrist,
    23  dentist or licensed midwife from  staff  membership  in  a  hospital  or
    24  curtail,  terminate or diminish in any way a physician's, [podiatrist's]
    25  podiatric physician's, optometrist's, dentist's  or  licensed  midwife's
    26  professional  privileges  in  a  hospital,  without  stating the reasons
    27  therefor, or if the reasons stated are unrelated to standards of patient
    28  care, patient welfare, the objectives of the institution or the  charac-
    29  ter or competency of the applicant. It shall be an improper practice for
    30  a  governing  body of a hospital to refuse to act upon an application or
    31  to deny or to withhold staff membership or professional privileges to  a
    32  [podiatrist]  podiatric  physician  based  solely  upon a practitioner's
    33  category of licensure.
    34    3. After the filing of any such complaint, the public  health  council
    35  shall make a prompt investigation in connection therewith. In conducting
    36  such  investigation,  the public health council is authorized to receive
    37  reports from the governing body of the hospital and the complainant,  as
    38  the  case  may  be, and the furnishing of such information to the public
    39  health council, or by the council to the governing body or  complainant,
    40  shall  not  subject  any person or hospital to any action for damages or
    41  other relief. Such information when received by the public health  coun-
    42  cil,  or  its  authorized representative, shall be kept confidential and
    43  shall be used solely for the purposes of this section and  the  improve-
    44  ment  of  the standards of patient care and patient welfare. The records
    45  of such proceedings shall not be admissible as  evidence  in  any  other
    46  action  of  any  kind  in any court or before any other tribunal, board,
    47  agency, or person. If the council shall determine  after  such  investi-
    48  gation that cause exists for crediting the allegations of the complaint,
    49  the  council shall promptly so advise the governing body of the hospital
    50  against which the complaint was made, and shall direct that such govern-
    51  ing body make a review of the actions of such body in denying  or  with-
    52  holding staff membership or professional privileges from the complainant
    53  physician,  [podiatrist]  podiatric  physician,  optometrist, dentist or
    54  licensed midwife or in excluding or expelling  such  physician,  [podia-
    55  trist]  podiatric  physician,  optometrist,  dentist or licensed midwife
    56  from staff membership or in curtailing, terminating or in any way dimin-

        A. 3816                            12
 
     1  ishing   such   physician's,   [podiatrist's]   podiatric   physician's,
     2  optometrist's,  dentist's  or licensed midwife's professional privileges
     3  in the hospital.
     4    §  24.  Subdivision  1  of section 2803-d of the public health law, as
     5  amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
     6  follows:
     7    1.  The  following  persons  are required to report in accordance with
     8  this section when they have reasonable cause to believe  that  a  person
     9  receiving  care  or  services  in a residential health care facility has
    10  been physically abused, mistreated or neglected by other than  a  person
    11  receiving  care or services in the facility: any operator or employee of
    12  such facility, any person who, or employee of any corporation,  partner-
    13  ship,  organization  or other entity which, is under contract to provide
    14  patient care services in such facility, and any nursing home administra-
    15  tor,  physician,  medical  examiner,  coroner,  physician's   associate,
    16  specialist's  assistant,  osteopath,  chiropractor,  physical therapist,
    17  occupational therapist, registered professional nurse, licensed  practi-
    18  cal nurse, dentist, [podiatrist] podiatric physician, optometrist, phar-
    19  macist,  psychologist,  licensed master social worker, licensed clinical
    20  social worker, speech pathologist and audiologist.
    21    § 25. Section 2805-k of the public health law, as amended  by  chapter
    22  485  of  the  laws of 1986, paragraph (f) of subdivision 1 as amended by
    23  chapter 477 of the laws of 2008 and paragraph (g) of  subdivision  1  as
    24  relettered  by  chapter  786  of the laws of 1992, is amended to read as
    25  follows:
    26    § 2805-k. Investigations prior to granting or renewing privileges.  1.
    27  Prior to granting or renewing professional privileges or association  of
    28  any  physician,  dentist or [podiatrist] podiatric physician or hiring a
    29  physician, dentist or [podiatrist] podiatric physician,  a  hospital  or
    30  facility approved pursuant to this article shall request from the physi-
    31  cian,  dentist  or  [podiatrist]  podiatric physician and the physician,
    32  dentist or [podiatrist] podiatric physician shall be required to provide
    33  the following information:
    34    (a) The name of any hospital or facility with or at which  the  physi-
    35  cian, dentist or [podiatrist] podiatric physician had or has any associ-
    36  ation, employment, privileges or practice;
    37    (b)  Where  such  association,  employment,  privilege or practice was
    38  discontinued, the reasons for its discontinuation;
    39    (c) Any pending professional medical, dental or  podiatric  misconduct
    40  proceedings  or any pending medical malpractice actions in this state or
    41  another state, the substance of the allegations in such  proceedings  or
    42  actions,  and  any additional information concerning such proceedings or
    43  actions as the physician, dentist or  [podiatrist]  podiatric  physician
    44  may deem appropriate;
    45    (d)  The  substance of the findings in such actions or proceedings and
    46  any additional information concerning such actions or proceedings as the
    47  physician, dentist or [podiatrist] podiatric physician may  deem  appro-
    48  priate;
    49    (e)  A  waiver  by  the  physician,  dentist or [podiatrist] podiatric
    50  physician of any confidentiality provisions concerning  the  information
    51  required to be provided to hospitals pursuant to this subdivision; [and]
    52    (f)  Documentation  that the physician, dentist or [podiatrist] podia-
    53  tric physician has completed the course work or training as mandated  by
    54  section  two hundred thirty-nine of this chapter or section six thousand
    55  five hundred five-b of the education law. A hospital or  facility  shall
    56  not  grant  or  renew professional privileges or association to a physi-

        A. 3816                            13
 
     1  cian, dentist, or [podiatrist] podiatric physician who has not completed
     2  such course work or training[.]; and
     3    (g) A verification by the physician, dentist or [podiatrist] podiatric
     4  physician  that  the  information  provided by the physician, dentist or
     5  [podiatrist] podiatric physician is true and accurate.
     6    2. Prior to granting  privileges  or  association  to  any  physician,
     7  dentist  or  [podiatrist]  podiatric  physician,  or hiring a physician,
     8  dentist or [podiatrist] podiatric physician, any  hospital  or  facility
     9  approved  pursuant  to this article shall request from any hospital with
    10  or at which such physician, dentist or [podiatrist] podiatric  physician
    11  had  or  has  privileges, was associated, or was employed, the following
    12  information concerning such physician, dentist or [podiatrist] podiatric
    13  physician:
    14    (a) Any pending professional medical conduct proceedings or any  pend-
    15  ing medical malpractice actions, in this state or another state;
    16    (b) Any judgment or settlement of a medical malpractice action and any
    17  finding of professional misconduct in this state or another; and
    18    (c)  Any  information required to be reported by hospitals pursuant to
    19  section twenty-eight hundred three-e of this article as added by chapter
    20  eight hundred sixty-six of the laws of nineteen hundred eighty.
    21    3. If requested by the department, a hospital shall provide documenta-
    22  tion that, prior to granting  privileges,  association  or  employing  a
    23  physician,  dentist or [podiatrist] podiatric physician, it has complied
    24  with the requirements of subdivisions one and two of  this  section  and
    25  that,  prior  to  renewing privileges, association or employment, it has
    26  complied with the requirements  of  subdivision  one  of  this  section.
    27  Copies  of the information and documentation required pursuant to subdi-
    28  visions one and two of this section shall be placed in the  physician's,
    29  dentist's  or  [podiatrist's] podiatric physician's personnel or creden-
    30  tials file maintained by the hospital.
    31    4.  Any hospital which receives a request for information from another
    32  hospital pursuant to subdivision  one  or  two  of  this  section  shall
    33  provide  such  information  concerning the physician, dentist or [podia-
    34  trist] podiatric physician in question to the extent such information is
    35  known to the hospital receiving such a request,  including  the  reasons
    36  for  suspension, termination, curtailment of employment or privileges at
    37  the hospital. Any hospital or hospital employee providing such  informa-
    38  tion  in  good  faith  shall  not  be liable in any civil action for the
    39  release of such information.
    40    § 26. Section 2995-d of the public health law is amended by  adding  a
    41  new subdivision 4-a to read as follows:
    42    4-a.  In cooperation with the education department, establish a health
    43  care practitioner database relating to podiatric physicians. Such  data-
    44  base  shall include information similar to the physician profiles estab-
    45  lished pursuant to section twenty-nine  hundred  ninety-five-a  of  this
    46  title.  The database shall be capable of presenting relevant medical and
    47  treatment information in a format that is easily understood by and  made
    48  available to the general public.
    49    §  27.  Subdivision  29  of  section 3302 of the public health law, as
    50  amended by chapter 163 of the laws of 1973 and as renumbered by  chapter
    51  537 of the laws of 1998, is amended to read as follows:
    52    29. "Practitioner" means:
    53    A  physician, dentist, [podiatrist] podiatric physician, veterinarian,
    54  scientific investigator, or other person licensed, or otherwise  permit-
    55  ted  to  dispense,  administer  or  conduct  research  with respect to a
    56  controlled substance in the course of a licensed  professional  practice

        A. 3816                            14
 
     1  or  research  licensed  pursuant to this article.   Such person shall be
     2  deemed a "practitioner" only as to such substances, or conduct  relating
     3  to  such substances, as is permitted by his license, permit or otherwise
     4  permitted by law.
     5    §  28.  Paragraph  (a)  of subdivision 4 of section 3515 of the public
     6  health law, as added by chapter 175 of the laws of 2006, is  amended  to
     7  read as follows:
     8    (a)  a  student  enrolled in or attending a school or college of medi-
     9  cine, osteopathy, dentistry, podiatry, chiropractic, or radiologic tech-
    10  nology who applies radiation to a human being, while  under  the  direct
    11  supervision  of  a  licensed  physician, dentist, [podiatrist] podiatric
    12  physician, chiropractor, or radiologic technologist respectively;
    13    § 29. Paragraph (l) of subdivision 2 of section 365-a  of  the  social
    14  services  law,  as amended by chapter 81 of the laws of 1995, is amended
    15  to read as follows:
    16    (l) care and services of [podiatrists] podiatric physicians which care
    17  and services shall only be provided upon referral by a physician,  nurse
    18  practitioner  or  certified nurse midwife in accordance with the program
    19  of early and periodic screening and diagnosis  established  pursuant  to
    20  subdivision  three  of  this section or to persons eligible for benefits
    21  under title XVIII of the federal social security act as qualified  medi-
    22  care  beneficiaries in accordance with federal requirements therefor and
    23  private duty nurses which care and services shall only  be  provided  in
    24  accordance  with  regulations  of  the  department of health; [provided,
    25  however, that private duty nursing services shall not be restricted when
    26  such services are  more  appropriate  and  cost-effective  than  nursing
    27  services  provided  by  a  home  health agency pursuant to section three
    28  hundred sixty-seven-l;]
    29    § 30. Paragraph (e) of subdivision 5 of section 365-g  of  the  social
    30  services  law,  as amended by chapter 41 of the laws of 1992, is amended
    31  to read as follows:
    32    (e) on a fee-for-services basis to in-patients  in  general  hospitals
    33  certified under article twenty-eight of the public health law or article
    34  thirty-one of the mental hygiene law and residential health care facili-
    35  ties,   with  the  exception  of  [podiatrists']  podiatric  physicians'
    36  services;
    37    § 31. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    38  services  law, as amended by chapter 126 of the laws of 2014, is amended
    39  to read as follows:
    40    (a) The following persons and officials  are  required  to  report  or
    41  cause  a  report to be made in accordance with this title when they have
    42  reasonable cause to suspect that a child coming  before  them  in  their
    43  professional  or  official capacity is an abused or maltreated child, or
    44  when they have reasonable cause to suspect that a child is an abused  or
    45  maltreated  child  where the parent, guardian, custodian or other person
    46  legally responsible for such child comes before them  in  their  profes-
    47  sional  or  official  capacity and states from personal knowledge facts,
    48  conditions or circumstances which, if correct, would render the child an
    49  abused or maltreated child: any physician; registered physician  assist-
    50  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    51  osteopath; optometrist; chiropractor; [podiatrist] podiatric  physician;
    52  resident;  intern;  psychologist; registered nurse; social worker; emer-
    53  gency medical technician; licensed  creative  arts  therapist;  licensed
    54  marriage   and  family  therapist;  licensed  mental  health  counselor;
    55  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    56  analyst assistant; hospital personnel engaged in the admission, examina-

        A. 3816                            15
 
     1  tion,  care  or  treatment of persons; a Christian Science practitioner;
     2  school official, which includes but is not limited  to  school  teacher,
     3  school  guidance  counselor,  school psychologist, school social worker,
     4  school nurse, school administrator or other school personnel required to
     5  hold  a  teaching  or  administrative  license  or  certificate;  social
     6  services worker; director of a children's  overnight  camp,  summer  day
     7  camp  or traveling summer day camp, as such camps are defined in section
     8  thirteen hundred ninety-two of the public health law;  day  care  center
     9  worker; school-age child care worker; provider of family or group family
    10  day care; employee or volunteer in a residential care facility for chil-
    11  dren  that  is licensed, certified or operated by the office of children
    12  and family services; or any other child  care  or  foster  care  worker;
    13  mental  health professional; substance abuse counselor; alcoholism coun-
    14  selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
    15  substance abuse services; peace officer; police officer; district attor-
    16  ney  or assistant district attorney; investigator employed in the office
    17  of a district attorney; or other law enforcement official.
    18    § 32. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    19  services  law, as separately amended by chapters 126 and 205 of the laws
    20  of 2014, is amended to read as follows:
    21    (a) The following persons and officials  are  required  to  report  or
    22  cause  a  report to be made in accordance with this title when they have
    23  reasonable cause to suspect that a child coming  before  them  in  their
    24  professional  or  official capacity is an abused or maltreated child, or
    25  when they have reasonable cause to suspect that a child is an abused  or
    26  maltreated  child  where the parent, guardian, custodian or other person
    27  legally responsible for such child comes before them  in  their  profes-
    28  sional  or  official  capacity and states from personal knowledge facts,
    29  conditions or circumstances which, if correct, would render the child an
    30  abused or maltreated child: any physician; registered physician  assist-
    31  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    32  osteopath; optometrist; chiropractor; [podiatrist] podiatric  physician;
    33  resident;  intern;  psychologist; registered nurse; social worker; emer-
    34  gency medical technician; licensed  creative  arts  therapist;  licensed
    35  marriage   and  family  therapist;  licensed  mental  health  counselor;
    36  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    37  analyst assistant; hospital personnel engaged in the admission, examina-
    38  tion,  care  or  treatment of persons; a Christian Science practitioner;
    39  school official, which includes but is not limited  to  school  teacher,
    40  school  guidance  counselor,  school psychologist, school social worker,
    41  school nurse, school administrator or other school personnel required to
    42  hold a teaching or administrative license or certificate; full or  part-
    43  time  compensated  school employee required to hold a temporary coaching
    44  license or professional coaching certificate;  social  services  worker;
    45  director  of  a  children's overnight camp, summer day camp or traveling
    46  summer day camp, as such camps are defined in section  thirteen  hundred
    47  ninety-two  of the public health law; day care center worker; school-age
    48  child care worker; provider of family or group family day care; employee
    49  or volunteer in  a  residential  care  facility  for  children  that  is
    50  licensed,  certified  or  operated  by the office of children and family
    51  services; or any other child care or foster care worker;  mental  health
    52  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
    53  persons credentialed by the office of  alcoholism  and  substance  abuse
    54  services;  peace officer; police officer; district attorney or assistant
    55  district attorney; investigator employed in the  office  of  a  district
    56  attorney; or other law enforcement official.

        A. 3816                            16
 
     1    § 33. Paragraph 2 of subdivision (a) of section 1212-A of the tax law,
     2  as  amended  by  chapter  200 of the laws of 2009, is amended to read as
     3  follows:
     4    (2)  a tax, at the same uniform rate, but at a rate not to exceed four
     5  and one-half per centum, in multiples of one-half of one per centum,  on
     6  the  receipts from every sale of the following services: beauty, barber-
     7  ing,  hair  restoring,  manicuring,  pedicuring,  electrolysis,  massage
     8  services  and  similar  services,  and  every sale of services by weight
     9  control salons, health salons, gymnasiums, turkish and  sauna  bath  and
    10  similar  establishments and every charge for the use of such facilities,
    11  whether or not any tangible personal property is transferred in conjunc-
    12  tion therewith; but excluding services rendered by a  physician,  osteo-
    13  path, dentist, nurse, physiotherapist, chiropractor, [podiatrist] podia-
    14  tric physician, optometrist, ophthalmic dispenser or a person performing
    15  similar  services  licensed  under  title  VIII of the education law, as
    16  amended, and excluding such services when performed on  pets  and  other
    17  animals.
    18    §  34.  Subdivision 4 of section 404-a of the vehicle and traffic law,
    19  as amended by chapter 686 of the laws of 1994, the opening paragraph and
    20  paragraph (c) as amended by chapter 277 of the laws of 2012, is  amended
    21  to read as follows:
    22    4.  Issue  of  plates.  The commissioner shall issue sets of plates to
    23  such person in accordance with subdivision  two  of  this  section  with
    24  proof  of  such  disability of such person or such members of his or her
    25  family certified by a physician, physician assistant  or  nurse  practi-
    26  tioner,  to  the  extent authorized by law, including the education law,
    27  and consistent  with  any  applicable  written  practice  agreement,  or
    28  [podiatrist]  podiatric physician pursuant to subdivision four-a of this
    29  section or optometrist pursuant to subdivision four-b of  this  section,
    30  to  the  satisfaction  of the commissioner who is empowered to carry out
    31  the effects of this section by formulating rules and regulations.
    32    For the purposes of this section, a "severely disabled  person"  shall
    33  mean  any  person  having  any one or more of the following impairments,
    34  disabilities or conditions which are permanent in nature:
    35    (a) Has limited or no use of one or both lower limbs;
    36    (b) Has a neuro-muscular dysfunction which severely limits mobility;
    37    (c) Has a physical or mental impairment or condition  which  is  other
    38  than  those  specified above, but is of such nature as to impose unusual
    39  hardship in utilization of public  transportation  facilities  and  such
    40  condition  is  certified  by  a  physician, physician assistant or nurse
    41  practitioner, to the extent authorized by law, including  the  education
    42  law, and consistent with any applicable written practice agreement, duly
    43  licensed to practice medicine in this state, or, pursuant to subdivision
    44  four-a of this section, a [podiatrist] podiatric physician duly licensed
    45  to practice podiatry in this state or, pursuant to subdivision four-b of
    46  this section, an optometrist duly licensed to practice optometry in this
    47  state,  as  constituting  an  equal degree of disability (specifying the
    48  particular condition) so as to prevent such person from  getting  around
    49  without  great  difficulty  in  accordance  with subdivision two of this
    50  section; or
    51    (d) A blind person.
    52    § 35. Subdivision 4-a of section 404-a of the vehicle and traffic law,
    53  as added by chapter 686 of the laws of  1994,  is  amended  to  read  as
    54  follows:
    55    4-a.   Certification   of   disability  by  a  [podiatrist]  podiatric
    56  physician.  A [podiatrist] podiatric physician duly licensed to practice

        A. 3816                            17
 
     1  podiatry in this state may certify only those conditions which he or she
     2  treats in the course of the practice of podiatry, as defined by  section
     3  [seventy hundred] seven thousand one of the education law.
     4    §  36.  Paragraph (b) of subdivision 5 of section 404-a of the vehicle
     5  and traffic law, as amended by chapter 277  of  the  laws  of  2012,  is
     6  amended to read as follows:
     7    (b)  The  commissioner  may  require the applicant for registration to
     8  furnish such proof of his or her disability or such proof of  disability
     9  of such members of his or her family from a physician, physician assist-
    10  ant  or  nurse  practitioner, to the extent authorized by law, including
    11  the education law, and consistent with any applicable  written  practice
    12  agreement,  or  [podiatrist] podiatric physician pursuant to subdivision
    13  four-a of this section or optometrist pursuant to subdivision four-b  of
    14  this  section,  as  the  commissioner deems necessary either for initial
    15  registration or renewal thereof; provided, however, that  a  handicapped
    16  or  disabled  permit issued by a municipality to such applicant pursuant
    17  to section twelve hundred three-a of this chapter shall be deemed suffi-
    18  cient proof of disability for purposes of this paragraph.
    19    § 37. Subdivision (c) of section 1204 of the limited liability company
    20  law is amended to read as follows:
    21    (c) Each report, diagnosis, prognosis and prescription made or  issued
    22  by a professional service limited liability company practicing medicine,
    23  dentistry,  podiatry, optometry, ophthalmic dispensing, veterinary medi-
    24  cine, pharmacy, nursing, psychology, physical  therapy  or  chiropractic
    25  shall  bear  the  signature of one or more physicians, dentists, [podia-
    26  trists]  podiatric  physicians,  optometrists,  ophthalmic   dispensers,
    27  veterinarians,  pharmacists,  nurses,  licensed  psychologists, physical
    28  therapists or chiropractors, respectively, who are in responsible charge
    29  of such report, diagnosis, prognosis or prescription.
    30    § 38. Subdivision (c) of section 1302 of the limited liability company
    31  law is amended to read as follows:
    32    (c) Each report, diagnosis, prognosis and prescription made or  issued
    33  by  a  foreign professional service limited liability company practicing
    34  medicine, dentistry, podiatry, optometry, ophthalmic dispensing, veteri-
    35  nary  medicine,  pharmacy,  nursing,  psychology,  physical  therapy  or
    36  chiropractic  shall  bear  the  signature  of  one  or  more physicians,
    37  dentists, [podiatrists] podiatric physicians,  optometrists,  ophthalmic
    38  dispensers,  veterinarians, pharmacists, nurses, licensed psychologists,
    39  physical therapists or chiropractors, respectively, who are in responsi-
    40  ble charge of such report, diagnosis, prognosis or prescription.
    41    § 39. Subdivision 48 of section 1.03 of the  mental  hygiene  law,  as
    42  added by chapter 223 of the laws of 1992, is amended to read as follows:
    43    48. "Practitioner"  shall  mean  a  physician,  dentist,  [podiatrist]
    44  podiatric physician, veterinarian,  scientific  investigator,  or  other
    45  person  licensed,  or  otherwise  permitted  to  dispense, administer or
    46  conduct research with respect to a controlled substance in the course of
    47  a licensed professional practice or research licensed pursuant  to  this
    48  article.  Such  person  shall be deemed a "practitioner" only as to such
    49  substances, or conduct relating to such substances, as is  permitted  by
    50  his license, permit or otherwise permitted by law.
    51    § 40. Section 50-d of the general municipal law, as amended by chapter
    52  82  of the laws of 1963 and subdivision 3 as added by chapter 673 of the
    53  laws of 1979, is amended to read as follows:
    54    § 50-d. Municipal liability for  malpractice  of  certain  physicians,
    55  resident  physicians, internes, dentists, [podiatrists] podiatric physi-
    56  cians and optometrists in public institutions.  1.  Notwithstanding  any

        A. 3816                            18
 
     1  inconsistent  provision of law, general, special or local, or limitation
     2  contained in the provisions of any city charter, every municipal  corpo-
     3  ration  shall  be  liable  for,  and  shall assume the liability, to the
     4  extent  that  it  shall  save  him  harmless, of any resident physician,
     5  physician, interne, dentist, [podiatrist] podiatric physician or optome-
     6  trist rendering medical, dental, podiatry or optometry services  of  any
     7  kind  to  a  person without receiving compensation from such person in a
     8  public institution maintained in whole  or  in  part  by  the  municipal
     9  corporation,  or in the course of a home care service maintained by such
    10  public institution, for damages for personal injuries  alleged  to  have
    11  been sustained by such person by reason of the malpractice of such resi-
    12  dent  physician,  physician,  interne,  dentist,  [podiatrist] podiatric
    13  physician  or  optometrist  while  engaged  in  the  rendition  of  such
    14  services.  Every  such  resident physician, physician, interne, dentist,
    15  [podiatrist] podiatric physician or optometrist for the purpose of  this
    16  section,  shall  be  deemed  an  employee  of  the municipal corporation
    17  notwithstanding that the municipal corporation derived no special  bene-
    18  fit in its corporate capacity.
    19    2. No action shall be maintained under this section against such muni-
    20  cipality,  resident physician, physician, interne, dentist, [podiatrist]
    21  podiatric physician or optometrist unless a notice of claim  shall  have
    22  been  made  and served in compliance with section fifty-e of this [chap-
    23  ter] article. Every such action  shall  be  commenced  pursuant  to  the
    24  provisions of section fifty-i of this [chapter] article.
    25    3.  The  provisions of this section shall not apply to the city of New
    26  York.
    27    § 41. Paragraph 2 of subsection (i) of section 3216 of  the  insurance
    28  law is amended to read as follows:
    29    (2) If a policy provides for reimbursement for any podiatrical service
    30  within the lawful scope of practice of a licensed [podiatrist] podiatric
    31  physician,  the  insured  shall  be  entitled  to reimbursement for such
    32  service whether it is performed by a physician or licensed  [podiatrist]
    33  podiatric physician.
    34    §  42.  Subparagraph  (B)  of paragraph 4 of subsection (f) of section
    35  4235 of the insurance law is amended to read as follows:
    36    (B) any podiatrical service which is within the lawful scope of  prac-
    37  tice  of  a  licensed  [podiatrist] podiatric physician, a subscriber to
    38  such policy shall be entitled to reimbursement for such service, whether
    39  the said service is performed by a physician  or  licensed  [podiatrist]
    40  podiatric physician and when such policy or any certificate issued ther-
    41  eunder  is  delivered  or  issued  for delivery without this state by an
    42  authorized insurer, covered persons residing  in  this  state  shall  be
    43  entitled to reimbursement for podiatric services as herein provided;
    44    §  43.  Subparagraph  (D)  of paragraph 1 of subsection (b) of section
    45  4301 of the insurance law is amended to read as follows:
    46    (D) podiatrical care provided through licensed [podiatrists] podiatric
    47  physicians,
    48    § 44. Paragraph 3 of subsection (b) of section 4301 of  the  insurance
    49  law,  as  amended by chapter 593 of the laws of 2000, is amended to read
    50  as follows:
    51    (3) Every medical expense indemnity corporation shall be open  to  the
    52  participation  of  licensed  physicians, [podiatrists,] podiatric physi-
    53  cians, chiropractors, optometrists,  physical  and  occupational  thera-
    54  pists,  speech-language pathologists, audiologists, and dentists, certi-
    55  fied and registered psychologists without discrimination against schools
    56  of medical practice, podiatry practice, chiropractic  practice,  optome-

        A. 3816                            19
 
     1  tric  practice, physical and occupational therapy practice, dental prac-
     2  tice, speech-language pathology practice (subject to the permitted limi-
     3  tations  of  paragraph  one  of  this  subsection),  audiology  practice
     4  (subject   to  the  permitted  limitations  of  paragraph  one  of  this
     5  subsection), and psychological training as defined in the education law.
     6    § 45. Subsection (b) of section 5501 of the insurance law, as  amended
     7  by chapter 522 of the laws of 1987, is amended to read as follows:
     8    (b) "Medical  malpractice  insurance"  means  insurance  against legal
     9  liability of the insured, and against loss, damage, or expense  incident
    10  to  a  claim of such liability arising out of the death or injury of any
    11  person due to medical, dental, podiatric, certified  nurse-midwifery  or
    12  hospital  malpractice  by  any licensed physician, dentist, [podiatrist]
    13  podiatric physician, certified nurse-midwife, certified registered nurse
    14  anesthetist or hospital.
    15    § 46. Subsection (d) of section 5502 of the insurance law, as  amended
    16  by chapter 147 of the laws of 2000, is amended to read as follows:
    17    (d)  Upon  dissolution,  the association shall not resume underwriting
    18  operations for physicians, dentists, [podiatrists] podiatric physicians,
    19  certified nurse-midwives, certified registered nurse anesthetists or for
    20  hospitals respectively, until  the  superintendent,  after  consultation
    21  with the commissioner of health, has determined that medical malpractice
    22  insurance  is  not  readily  available for physicians, dentists, [podia-
    23  trists] podiatric physicians, certified nurse-midwives, certified regis-
    24  tered nurse anesthetists or for hospitals, as the case may  be,  in  the
    25  voluntary  market  and  has approved or promulgated a new plan of opera-
    26  tion. If the superintendent determines during such period that insurance
    27  is readily available for physicians, dentists,  [podiatrists]  podiatric
    28  physicians, certified nurse-midwives, certified registered nurse anesth-
    29  etists  or  for  hospitals, as the case may be, in the voluntary market,
    30  the superintendent shall not authorize its underwriting  operations  for
    31  the respective categories.
    32    §  47.  Paragraph 1 of subsection (e) of section 5502 of the insurance
    33  law, as amended by chapter 510 of the laws of 1988, is amended  to  read
    34  as follows:
    35    (1)  To  issue,  or  to  cause  to be issued, policies of insurance to
    36  physician,  dentist  and  [podiatrist]  podiatric  physician  applicants
    37  subject   to  primary  limits  specified in the plan of operation not in
    38  excess of one million dollars for each claimant  under  one  policy  and
    39  three  million  dollars  for  all  claimants under one policy in any one
    40  year, and excess coverage as provided in this paragraph. Each applicant
    41  shall be entitled to purchase a policy providing primary limits  not  to
    42  exceed  one  million dollars for each claimant and three million dollars
    43  for all claimants in any one year. In addition, any applicant insured by
    44  the association in an amount  equal  to  or  greater  than  one  million
    45  dollars  for  each  claimant and three million dollars for all claimants
    46  in any one year, or any other applicant covered under a policy or  poli-
    47  cies  providing  such primary levels of insurance  against liability for
    48  medical, dental  or podiatric malpractice that is issued by  an  author-
    49  ized  insurer,  shall  be entitled to purchase a policy from the associ-
    50  ation providing excess coverage of at  least  one  million  dollars  per
    51  claimant  and  three million dollars for all claimants in any one year.
    52  The association shall, subject to the approval  of  the  superintendent,
    53  make  available,  and  if requested by the applicant, provide additional
    54  excess coverage in an amount  requested by such applicant. With  respect
    55  to  the coverage  required to be made available on and after July first,
    56  nineteen hundred eighty-five by this paragraph, the superintendent shall

        A. 3816                            20
 
     1  establish  and promulgate rates to be charged for such  excess  coverage
     2  and   additional  excess coverage and shall require that the association
     3  accept payment for such coverage from  the  hospital   excess  liability
     4  pool pursuant to a payment schedule that  is consistent with the receipt
     5  of  funds by such pool from the hospital reimbursement system. Rates for
     6  excess coverage and additional excess coverage shall not be subject   to
     7  the stabilization reserve fund charge established  by section five thou-
     8  sand five hundred nine of this article.
     9    §  48. Subsection (c) of section 5505 of the insurance law, as amended
    10  by chapter 522 of the laws of 1987, is amended to read as follows:
    11    (c) The association's rates, rating plans,  rating  rules  and  rating
    12  classifications  may  provide  for  premium  discounts  for  physicians,
    13  dentists, certified nurse-midwives, certified registered nurse  anesthe-
    14  tists  or  [podiatrists]  podiatric  physicians  commencing  practice or
    15  conducting a limited practice as set forth in the plan of operation.
    16    § 49. Subsection (a) of section 5506 of the insurance law, as  amended
    17  by chapter 522 of the laws of 1987, is amended to read as follows:
    18    (a) Any licensed physician, dentist, [podiatrist] podiatric physician,
    19  certified  nurse-midwife,  certified  registered  nurse  anesthetist  or
    20  hospital is entitled to apply to the association for  coverage  pursuant
    21  to  this article. Application may be made directly to the association by
    22  the applicant, in which event no service fee shall be  charged.  If  the
    23  applicant authorizes a broker or agent to make the application, the only
    24  charge for such service shall be a service fee as limited by the plan of
    25  operation   and   in   compliance  with  the  procedure  established  in
    26  subsections (c) and (d) of section two thousand one hundred nineteen  of
    27  this chapter.
    28    §  50.  Paragraph (c) of section 1504 of the business corporation law,
    29  as added by chapter 974 of the laws of  1970,  is  amended  to  read  as
    30  follows:
    31    (c) Each report, diagnosis, prognosis, and prescription made or issued
    32  by  a  corporation  practicing medicine, dentistry, podiatry, optometry,
    33  ophthalmic dispensing, veterinary medicine, pharmacy, nursing, physioth-
    34  erapy or chiropractic shall bear the signature of  one  or  more  physi-
    35  cians,   dentists,  [podiatrists]  podiatric  physicians,  optometrists,
    36  ophthalmic dispensers, veterinarians, pharmacists, nurses,  physiothera-
    37  pists,  or chiropractors, respectively, who are in responsible charge of
    38  such report, diagnosis, prognosis, or prescription.
    39    § 51. Paragraph (c) of section 1526 of the business  corporation  law,
    40  as  added  by  chapter  505  of  the laws of 1983, is amended to read as
    41  follows:
    42    (c) Each report, diagnosis, prognosis, and prescription made or issued
    43  by a  foreign  professional  service  corporation  practicing  medicine,
    44  dentistry,  podiatry, optometry, ophthalmic dispensing, veterinary medi-
    45  cine, pharmacy, nursing, physiotherapy or chiropractic  shall  bear  the
    46  signature  of  one or more physicians, dentists, [podiatrists] podiatric
    47  physicians, optometrists, ophthalmic dispensers, veterinarians,  pharma-
    48  cists, nurses, physiotherapists, or chiropractors, respectively, who are
    49  in   responsible   charge  of  such  report,  diagnosis,  prognosis,  or
    50  prescription.
    51    § 52. Paragraphs 1 and 3 of subdivision (a)  and  subdivision  (e)  of
    52  section  3012-a of the civil practice law and rules, as amended by chap-
    53  ter 507 of the laws of 1987, are amended to read as follows:
    54    (1) the attorney has reviewed the facts of the case and has  consulted
    55  with at least one physician in medical malpractice actions, at least one
    56  dentist  in  dental  malpractice  actions  or  at least one [podiatrist]

        A. 3816                            21
 
     1  podiatric physician in podiatric malpractice actions who is licensed  to
     2  practice  in  this state or any other state and who the attorney reason-
     3  ably believes is knowledgeable in the relevant issues  involved  in  the
     4  particular  action,  and that the attorney has concluded on the basis of
     5  such review and consultation that there is a reasonable  basis  for  the
     6  commencement of such action; or
     7    (3)  the  attorney  was  unable to obtain the consultation required by
     8  paragraph one of this subdivision because the attorney  had  made  three
     9  separate good faith attempts with three separate physicians, dentists or
    10  [podiatrists] podiatric physicians, in accordance with the provisions of
    11  paragraph  one  of this subdivision to obtain such consultation and none
    12  of those contacted would agree to such a consultation.
    13    (e) For purposes of this section, and subject  to  the  provisions  of
    14  section  thirty-one hundred one of this chapter, an attorney who submits
    15  a certificate as required by paragraph one or two of subdivision (a)  of
    16  this section and the physician, dentist or [podiatrist] podiatric physi-
    17  cian  with whom the attorney consulted shall not be required to disclose
    18  the identity of the physician, dentist or [podiatrist] podiatric  physi-
    19  cian consulted and the contents of such consultation; provided, however,
    20  that  when  the attorney makes a claim under paragraph three of subdivi-
    21  sion (a) of this section that he  was  unable  to  obtain  the  required
    22  consultation  with  the  physician,  dentist  or  [podiatrist] podiatric
    23  physician, the court may, upon the request of a defendant made prior  to
    24  compliance  by  the  plaintiff with the provisions of section thirty-one
    25  hundred one of this chapter, require the  attorney  to  divulge  to  the
    26  court  the  names  of  physicians,  dentists  or [podiatrists] podiatric
    27  physicians refusing such consultation.
    28    § 53. The section heading and subdivision (b) of section 4504  of  the
    29  civil  practice  law and rules, as amended by chapter 457 of the laws of
    30  1991, are amended to read as follows:
    31    Physician, dentist, [podiatrist] podiatric physician, chiropractor and
    32  nurse.
    33    (b) Identification by dentist; crime committed against  patient  under
    34  sixteen.  A  dentist shall be required to disclose information necessary
    35  for identification of a  patient.  A  physician,  dentist,  [podiatrist]
    36  podiatric physician, chiropractor or nurse shall be required to disclose
    37  information  indicating  that  a patient who is under the age of sixteen
    38  years has been the victim of a crime.
    39    § 54. The opening paragraph of section 396-d of  the  county  law,  as
    40  added  by  chapter  1005  of  the  laws  of  1969, is amended to read as
    41  follows:
    42    Whenever a medical assistance clinic has been established as  provided
    43  in this article, all medical assistance pursuant to title two of article
    44  five  of  the  social services law may be given at such clinic under the
    45  supervision of the head of such clinic to those eligible persons  elect-
    46  ing  to utilize the facilities of such clinic. The services of qualified
    47  physicians,  dentists,  nurses,  optometrists,  [podiatrists]  podiatric
    48  physicians and other related professional personnel shall be made avail-
    49  able at such clinic.
    50    §  55. Subparagraph (iii) of paragraph (d) of subdivision 3 of section
    51  13-c of the workers' compensation law, as added by chapter  803  of  the
    52  laws of 1983, is amended to read as follows:
    53    (iii) When physical therapy care is required it shall be rendered by a
    54  duly  licensed  physical therapist upon the referral which may be direc-
    55  tive as to treatment of an authorized physician or  [podiatrist]  podia-
    56  tric physician within the scope of such physical therapist's specialized

        A. 3816                            22
 
     1  training and qualifications as defined in article one hundred thirty-six
     2  of  the education law. Reports of such treatment and records of instruc-
     3  tion for treatment, if any, shall be maintained by the  physical  thera-
     4  pist  and  referring  professional and submitted to the chairman on such
     5  forms and at such times as the chairman may require.
     6    § 56. Subparagraph (iii) of paragraph (d) of subdivision 4 of  section
     7  13-c  of  the  workers' compensation law, as added by chapter 362 of the
     8  laws of 1986, is amended to read as follows:
     9    (iii) When physical therapy care is required it shall be rendered by a
    10  duly licensed physical therapist upon the referral which may  be  direc-
    11  tive  as  to treatment of an authorized physician or [podiatrist] podia-
    12  tric physician within the scope of such physical therapist's specialized
    13  training and qualifications as defined in article one hundred thirty-six
    14  of the education law.  Reports of such treatment and records of instruc-
    15  tion for treatment, if any, shall be maintained by the  physical  thera-
    16  pist and referring professional and submitted to the [chairman of] chair
    17  on such forms and at such times as the [chairman] chair may require.
    18    §  57.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
    19  section 13-g of the workers' compensation law, the opening paragraph  of
    20  subdivision 1 as amended by chapter 674 of the laws of 1994 and subdivi-
    21  sion  5  as  amended  by chapter 578 of the laws of 1959, are amended to
    22  read as follows:
    23    Within forty-five days after a bill has been rendered to the  employer
    24  by  the  hospital,  physician  or self-employed physical or occupational
    25  therapist who has rendered treatment pursuant to  a  referral  from  the
    26  injured  employee's  authorized  physician  or  authorized  [podiatrist]
    27  podiatric physician for treatment to the injured employee, such employer
    28  must pay the bill or notify the  hospital,  physician  or  self-employed
    29  physical or occupational therapist in writing that the bill is not being
    30  paid  and  explain  the  reasons  for non-payment. In the event that the
    31  employer fails to make payment or  notify  the  hospital,  physician  or
    32  self-employed  physical or occupational therapist within such forty-five
    33  day period that payment is not  being  made,  the  hospital,  physician,
    34  self-employed physical therapist or self-employed occupational therapist
    35  may  notify  the  chair  in  writing that the bill has not been paid and
    36  request that the board make an award for payment of such bill. The board
    37  or the chair may make an award not in  excess  of  the  established  fee
    38  schedules  for  any such bill or part thereof which remains unpaid after
    39  said forty-five day period or thirty days after all other questions duly
    40  and timely raised in accordance with the  provisions  of  this  chapter,
    41  relating  to  the  employer's  liability for the payment of such amount,
    42  shall have been finally determined adversely to the employer,  whichever
    43  is  later,  in  accordance with rules promulgated by the chair, and such
    44  award may be collected in like manner as an award of  compensation.  The
    45  chair  shall  assess  the  sum of fifty dollars against the employer for
    46  each such award made by the board, which sum  shall  be  paid  into  the
    47  state treasury.
    48    (5)  In claims where the employer has failed to secure compensation to
    49  his employees as required by section fifty of this  chapter,  the  board
    50  may  make  an  award  for  the value of medical and podiatry services or
    51  treatment rendered to such employees, in accordance with  the  schedules
    52  of  fees  and  charges  prepared and established under the provisions of
    53  [section  thirteen,]  subdivision  [a]  (a)  of  section  thirteen,  and
    54  [section  thirteen-k,]  subdivision two[,] of section thirteen-k of this
    55  [chapter] article, and for the reasonable  value  of  hospital  care  in
    56  accordance  with the charges currently in force in hospitals in the same

        A. 3816                            23
 
     1  community for cases coming within the provisions of this chapter.   Such
     2  award  shall be made to the physician, [podiatrist] podiatric physician,
     3  or hospital entitled thereto. A default in the payment of such award may
     4  be  enforced  in the manner provided for the enforcement of compensation
     5  awards as set forth in section twenty-six of this [chapter] article.
     6    In all cases coming under this subdivision the payment of the claim of
     7  the  physician,  [podiatrist]  podiatric  physician,  or  hospital   for
     8  medical,  podiatry,  or surgical services or treatment shall be subordi-
     9  nate to that of the claimant or his beneficiaries.
    10    § 58. Section 13-k of the workers' compensation law, as added by chap-
    11  ter 787 of the laws of 1952, subdivisions 2, 3  and  10  as  amended  by
    12  chapter 473 of the laws of 2000, subdivision 5 as amended by chapter 539
    13  of the laws of 1964, subdivision 6 as amended by section 5 of part GG of
    14  chapter 57 of the laws of 2013, subdivision 12 as amended by chapter 498
    15  of  the  laws  of 1982 and subdivision 13 as added by chapter 803 of the
    16  laws of 1983, is amended to read as follows:
    17    § 13-k. Care and treatment  of  injured  employees  by  duly  licensed
    18  [podiatrists]  podiatric  physicians.    1.  When the term "chairman" is
    19  [hereinafter] used in this section, it  shall  be  deemed  to  mean  the
    20  chairman  of the [workmen's] workers' compensation board of the state of
    21  New York.
    22    2. An employee injured under  circumstances  which  make  such  injury
    23  compensable  under  this article, when care is required for an injury to
    24  the foot which injury or resultant condition therefrom may  lawfully  be
    25  treated  by a duly registered and licensed [podiatrist] podiatric physi-
    26  cian of the state of New York, may  select  to  treat  him  or  her  any
    27  [podiatrist]  podiatric  physician  authorized  by  the  chair to render
    28  podiatry care, as hereinafter provided. If the injury  or  condition  is
    29  one  which  is  without  the  limits prescribed by the education law for
    30  podiatry care and treatment, or the injuries involved affect other parts
    31  of the body in addition to the foot,  the  said  [podiatrist]  podiatric
    32  physician  must  so advise the said injured employee and instruct him or
    33  her to consult a physician of said  employee's  choice  for  appropriate
    34  care and treatment. Such physician shall thenceforth have overall super-
    35  vision  of  the treatment of said patient including the future treatment
    36  to be administered to the patient by the [podiatrist]  podiatric  physi-
    37  cian.  If  for  any reason during the period when podiatry treatment and
    38  care is required, the employee wishes to transfer his or  her  treatment
    39  and  care  to  another authorized [podiatrist] podiatric physician he or
    40  she may do so,  in  accordance  with  rules  prescribed  by  the  chair,
    41  provided  however  that the employer shall be liable for the proper fees
    42  of the original [podiatrist] podiatric physician for the care and treat-
    43  ment he or she shall have rendered. A [podiatrist]  podiatric  physician
    44  licensed  and  registered  to practice podiatry in the state of New York
    45  who is desirous of being authorized to render podiatry care  under  this
    46  section and/or to conduct independent medical examinations in accordance
    47  with  paragraph  (b)  of subdivision three of this section shall file an
    48  application for authorization under this section with the podiatry prac-
    49  tice committee.  In such application he or she shall  agree  to  refrain
    50  from  subsequently  treating for remuneration, as a private patient, any
    51  person seeking podiatry  treatment,  or  submitting  to  an  independent
    52  medical  examination,  in connection with, or as a result of, any injury
    53  compensable under this chapter, if he or she has been removed  from  the
    54  list of [podiatrists] podiatric physicians authorized to render podiatry
    55  care  or to conduct independent medical examinations under this chapter,
    56  or if the person seeking such treatment has been transferred from his or

        A. 3816                            24
 
     1  her care in accordance with the provisions of this section. This  agree-
     2  ment  shall run to the benefit of the injured person so treated or exam-
     3  ined, and shall be available to him or her as a defense in any action by
     4  such [podiatrist] podiatric physician for payment for treatment rendered
     5  by  a  [podiatrist] podiatric physician after he or she has been removed
     6  from the list of [podiatrists] podiatric physicians authorized to render
     7  podiatry care or to conduct independent medical examinations under  this
     8  section,  or  after  the  injured person was transferred from his or her
     9  care in accordance with the provisions of  this  section.  The  podiatry
    10  practice  committee  if  it  deems  such licensed [podiatrist] podiatric
    11  physician duly qualified shall recommend to the chair that such  [podia-
    12  trist]  podiatric physician be authorized to render podiatry care and/or
    13  to conduct independent medical examinations  under  this  section.  Such
    14  recommendation  shall  be  advisory  to  the chair only and shall not be
    15  binding or conclusive upon him or  her.  The  chair  shall  prepare  and
    16  establish  a  schedule  for  the  state, or schedules limited to defined
    17  localities, of charges and fees for podiatry treatment and care,  to  be
    18  determined  in  accordance  with and to be subject to change pursuant to
    19  rules promulgated by the chair. Before preparing such schedule  for  the
    20  state  or  schedules  for limited localities the chair shall request the
    21  podiatry practice committee to submit to him or  her  a  report  on  the
    22  amount  of remuneration deemed by such committee to be fair and adequate
    23  for the types of podiatry care to be rendered under  this  chapter,  but
    24  consideration  shall  be  given to the view of other interested parties.
    25  The amounts payable by the employer  for  such  treatment  and  services
    26  shall be the fees and charges established by such schedule.
    27    3.  (a)  No  claim  for  podiatry care or treatment shall be valid and
    28  enforceable as against the employer or  employee  unless  within  forty-
    29  eight  hours  following  the  first treatment the [podiatrist] podiatric
    30  physician giving such care or treatment  furnish  to  the  employer  and
    31  directly to the chair a preliminary notice of such injury and treatment,
    32  within  fifteen  days  thereafter  a more complete report and subsequent
    33  thereto progress reports as requested in writing by  the  chair,  board,
    34  employer or insurance carrier, at intervals of not less than three weeks
    35  apart  or at less frequent intervals if requested on forms prescribed by
    36  the chair.  The board may excuse the failure to give such notices within
    37  the designated periods when it finds it to be in the interest of justice
    38  to do so.
    39    (b) Upon receipt of the notice provided for by paragraph (a)  of  this
    40  subdivision,  the  employer,  the carrier and the claimant each shall be
    41  entitled to have the  claimant  examined  by  a  qualified  [podiatrist]
    42  podiatric  physician authorized by the chair in accordance with subdivi-
    43  sion two of this section and section one hundred  thirty-seven  of  this
    44  chapter,  at  a  medical  facility convenient to the claimant and in the
    45  presence of the claimant's [podiatrist] podiatric physician, and refusal
    46  by the claimant to submit to such  independent  medical  examination  at
    47  such  time or times as may reasonably be necessary in the opinion of the
    48  board shall bar the claimant from recovering compensation for any period
    49  during which he or she has refused to submit to such examination.
    50    (c) Where it would place an unreasonable burden upon the  employer  or
    51  carrier  to  arrange  for, or for the claimant to attend, an independent
    52  medical examination by an authorized [podiatrist]  podiatric  physician,
    53  the  employer  or  carrier  shall  arrange  for  such  examination to be
    54  performed by a qualified [podiatrist] podiatric physician in  a  medical
    55  facility convenient to the claimant.

        A. 3816                            25
 
     1    (d)  The independent podiatric examiner shall provide such reports and
     2  shall submit to investigation as required by the chair.
     3    (e)  In  order to qualify as admissible medical evidence, for purposes
     4  of adjudicating any claim under this chapter, any  report  submitted  to
     5  the  board by an independent podiatric examiner licensed by the state of
     6  New York shall include the following:
     7    (i) a signed statement certifying that the report is a full and truth-
     8  ful representation of the independent podiatric examiner's  professional
     9  opinion with respect to the claimant's condition,
    10    (ii) such examiner's board issued authorization number,
    11    (iii) the name of the individual or entity requesting the examination,
    12    (iv)  if  applicable,  the  registration number as required by section
    13  thirteen-n of this article, and
    14    (v) such other information as the chair may require by regulation.
    15    4. Fees for podiatry services shall be payable only to a duly  author-
    16  ized  [podiatrist]  podiatric physician as defined in this section or to
    17  the agent, executor or administrator of the estate of such  [podiatrist]
    18  podiatric  physician.    No  [podiatrist]  podiatric physician rendering
    19  treatment to a compensation claimant, shall collect  or  receive  a  fee
    20  from  such  claimant  within  this  state,  but  shall have recourse for
    21  payment of services rendered only to the employer under  the  provisions
    22  of this section.
    23    5.  Whenever his attendance at a hearing is required, the [podiatrist]
    24  podiatric physician of the injured employee shall be entitled to receive
    25  a fee from the employer in an amount to be fixed by the board, in  addi-
    26  tion  to  any  fee payable under section eight thousand one of the civil
    27  practice law and rules.
    28    6. (a) The provisions of subdivisions one and three of  section  thir-
    29  teen-g  of  this  article  with  respect to the conditions under which a
    30  hospital, physician or self-employed physical or occupational  therapist
    31  may  request  payment  or arbitration of a bill, or under which an award
    32  may be made for payment of such  bill,  shall  be  applicable  to  bills
    33  rendered  by a [podiatrist] podiatric physician for services rendered to
    34  an injured employee.
    35    (b) If the parties fail to agree as to  the  value  of  podiatry  care
    36  rendered  under  this  chapter  to  a  claimant,  and  the amount of the
    37  disputed bill is one thousand dollars or less, or where  the  amount  of
    38  the  disputed  bill  exceeds  one  thousand dollars and the [podiatrist]
    39  podiatric physician expressly so requests, such value shall  be  decided
    40  by  a  single  arbitrator  process, pursuant to rules promulgated by the
    41  chair. The chair shall appoint a member in good standing of a recognized
    42  professional association representing [podiatrists] podiatric physicians
    43  in the state of New York to determine the value of such  disputed  bill.
    44  Decisions  rendered under the single arbitrator process shall be conclu-
    45  sive upon the parties as to the value of the services in dispute.
    46    (c) If the parties fail to agree as to  the  value  of  podiatry  care
    47  rendered under this chapter to a claimant and the amount of the disputed
    48  bill  exceeds one thousand dollars and the podiatrist does not expressly
    49  request a single arbitrator process in accordance with paragraph (b)  of
    50  this  subdivision, such value shall be decided by an arbitration commit-
    51  tee consisting of  three  duly  registered  and  licensed  [podiatrists]
    52  podiatric  physicians who are members of a recognized professional asso-
    53  ciation representing [podiatrists] podiatric physicians in the state  of
    54  New  York,  one to be appointed by the president of such an association,
    55  one to be appointed by the employer or carrier and one to  be  appointed
    56  by  the  chair of the workers' compensation board and the majority deci-

        A. 3816                            26
 
     1  sion of such committee shall be conclusive upon the parties  as  to  the
     2  value of the services rendered.
     3    (d)  The  board  or  the  chair may make an award not in excess of the
     4  established fee schedules for  any  such  bill  or  part  thereof  which
     5  remains  unpaid  in the same manner as an award for bills rendered under
     6  subdivisions one and three of section thirteen-g of  this  article,  and
     7  such  award may be collected in like manner as an award of compensation.
     8  Where a [podiatrist's] podiatric physician's bill has been determined to
     9  be due and owing in accordance with the provisions of this  section  the
    10  board shall include in the amount of the award interest of not more than
    11  one  and one-half percent (1 1/2%) per month payable to the [podiatrist]
    12  podiatric physician in accordance with the rules and regulations promul-
    13  gated by the board. The chair shall assess  the  sum  of  fifty  dollars
    14  against  the  employer  for each such award made by the board, which sum
    15  shall be paid into the state treasury.
    16    (e) A provider initiating an arbitration,  including  a  single  arbi-
    17  tration process, pursuant to this section shall pay a fee, as determined
    18  by  regulations  promulgated by the chair, to be used to cover the costs
    19  related to the conduct of such arbitration. Upon resolution in favor  of
    20  such  party,  the  amount  due, based upon the bill in dispute, shall be
    21  increased by the amount of the fee paid by such party. Where  a  partial
    22  award  is  made, the amount due, based upon the bill in dispute shall be
    23  increased by a part of such fee. Each member of the arbitration  commit-
    24  tee  shall be entitled to receive and shall be paid a fee for each day's
    25  attendance at an arbitration session in an amount fixed by the chair  of
    26  the workers' compensation board.
    27    7. Within the limits prescribed by the education law for podiatry care
    28  and  treatment,  the  report  or testimony of an authorized [podiatrist]
    29  podiatric physician concerning the condition of the foot of  an  injured
    30  employee  and  the  treatment thereof shall be deemed competent evidence
    31  and the professional opinion of the [podiatrist] podiatric physician  as
    32  to  causal  relation and as to required treatment shall be deemed compe-
    33  tent but shall not be controlling.   Nothing in this  section  shall  be
    34  deemed  to  deprive  any  employer  or insurance carrier of any right to
    35  medical examination or presentation of medical testimony  now  conferred
    36  by law.
    37    8.  The  chairman shall promulgate rules governing the procedure to be
    38  followed by those rendering podiatry  care  under  this  section,  which
    39  rules  so  far  as  practicable  shall conform to the rules presently in
    40  effect with reference to medical care furnished to claimants  in  [work-
    41  men's]  workers'  compensation.  In  connection with the promulgation of
    42  said rules the chairman may  consult  the  podiatry  practice  committee
    43  hereinafter  provided  and may take into consideration the view of other
    44  interested parties.
    45    9. The chairman shall appoint for and with jurisdiction in the  entire
    46  state  of  New York a single podiatry practice committee composed of one
    47  duly licensed physician and two duly  registered  and  licensed  [podia-
    48  trists]  podiatric  physicians  of  the state of New York. Each podiatry
    49  member of said committee shall have been  engaged  in  the  practice  of
    50  podiatry as a duly registered and licensed [podiatrist] podiatric physi-
    51  cian  of  the  state of New York at least ten years prior to the time of
    52  his appointment and shall receive compensation either on an annual basis
    53  or on a per diem basis to be fixed by the chairman within amounts appro-
    54  priated therefor. One of said members shall be designated by the  chair-
    55  man  as  chairman of said podiatry practice committee. No member of said
    56  committee shall render podiatry treatment  under  this  section  nor  be

        A. 3816                            27
 
     1  employed  by  or  accept  or  participate  in any fee from any insurance
     2  company authorized to write [workmen's] workers' compensation  insurance
     3  in  this  state or from any self-insurer, whether such employment or fee
     4  relates  to a [workmen's] workers' compensation claim or otherwise.  The
     5  attorney general, upon request, shall advise and assist such committee.
     6    10. The podiatry practice committee shall investigate, hear  and  make
     7  findings with respect to all charges as to professional or other miscon-
     8  duct  of  any  authorized  [podiatrist]  podiatric  physician  as herein
     9  provided under rules and procedures to be prescribed by  the  chair  and
    10  shall report evidence of such misconduct, with their findings and recom-
    11  mendation with respect thereto, to the chair. The findings, decision and
    12  recommendation  of such podiatry practice committee shall be advisory to
    13  the chair only, and shall not be binding or conclusive upon him or  her.
    14  The  chair  shall remove from the list of [podiatrists] podiatric physi-
    15  cians authorized to render  podiatry  care  under  this  chapter  or  to
    16  conduct  independent  medical  examinations in accordance with paragraph
    17  (b) of subdivision three of this section the name  of  any  [podiatrist]
    18  podiatric  physician  who he or she shall find after reasonable investi-
    19  gation is disqualified because such [podiatrist] podiatric physician
    20    (a) has been guilty of professional or other misconduct or incompeten-
    21  cy in connection with podiatry services rendered under the law; or
    22    (b) has exceeded the limits of his or her professional  competence  in
    23  rendering  podiatry  care  under  the  law, or has made materially false
    24  statements regarding his or her qualifications in his or her application
    25  for authorization; or
    26    (c) has failed to submit timely, full and truthful podiatry reports of
    27  all his or her findings to the employer and directly to the chair or the
    28  board within the time limits provided in this section; or
    29    (d) has knowingly made a false statement or presentation as to a mate-
    30  rial fact in any medical report made pursuant  to  this  chapter  or  in
    31  testifying  or  otherwise providing information for the purposes of this
    32  chapter; or
    33    (e) has solicited or has employed another to solicit  for  himself  or
    34  herself or for another professional treatment, examination or care of an
    35  injured employee with any claim under this chapter; or
    36    (f)  has  refused to appear before, to testify, to submit to a deposi-
    37  tion, or to answer upon request of, the chair, board, podiatry  practice
    38  committee  or  any duly authorized officer of the state, any legal ques-
    39  tion or produce any relevant book or paper concerning his or her conduct
    40  under an authorization granted to him or her under the law[,]; or
    41    (g) has directly or indirectly requested, received or participated  in
    42  the division, transference, assignment, rebating, splitting or refunding
    43  of a fee for, or has directly or indirectly requested, received or prof-
    44  ited  by  means of a credit or other valuable consideration as a commis-
    45  sion, discount or gratuity in connection with the  treatment,  or  inde-
    46  pendent  medical  examination,  of  a  workers'  compensation  claimant.
    47  Nothing contained in this paragraph shall  prohibit  such  [podiatrists]
    48  podiatric physicians who practice as partners, in groups or as a profes-
    49  sional  corporation from pooling fees and moneys received, either by the
    50  partnership, professional corporation or group by the individual members
    51  thereof, for professional services furnished by any  individual  profes-
    52  sional  member,  or  employee of such partnership, corporation or group,
    53  nor shall the professionals constituting the  partnership,  corporation,
    54  or  group  be prohibited from sharing, dividing or apportioning the fees
    55  and moneys received by them or by the partnership, corporation or  group
    56  in accordance with a partnership or other agreement.

        A. 3816                            28
 
     1    11. Any person who violates or attempts to violate, and any person who
     2  aids  another  to  violate  or  attempts  to  induce  him to violate the
     3  provisions of paragraph [g] (g) of subdivision ten of this section shall
     4  be guilty of a misdemeanor.
     5    12.  Nothing  in  this  section  shall be construed as limiting in any
     6  respect the power or duty of the chairman to  investigate  instances  of
     7  misconduct,  either  before or after investigation by the podiatry prac-
     8  tice committee or  to  temporarily  suspend  the  authorization  of  any
     9  [podiatrist]  podiatric  physician  that  he may believe to be guilty of
    10  such misconduct.  The provisions of subdivision  one  of  section  thir-
    11  teen-d of this article which are not inconsistent with the provisions of
    12  this section shall be applicable as fully as if set forth herein.
    13    13.  Upon  the  referral  which may be directive as to treatment of an
    14  authorized [podiatrist] podiatric physician physical therapy care may be
    15  rendered by a duly licensed physical therapist.
    16    § 59. Paragraph (a) of subdivision 3 of section 137  of  the  workers'
    17  compensation  law,  as  added  by  chapter  473  of the laws of 2000, is
    18  amended to read as follows:
    19    (a) Only a New York state  licensed  and  board  certified  physician,
    20  surgeon, [podiatrist] podiatric physician or any other person authorized
    21  to examine or evaluate injury or illness by the board shall perform such
    22  independent medical examination. Where a claimant resides out of state a
    23  practitioner  qualified  to examine or evaluate injury or illness by the
    24  board shall perform such independent medical examination.
    25    § 60. Section 141 of the workers'  compensation  law,  as  amended  by
    26  chapter 6 of the laws of 2007, is amended to read as follows:
    27    §  141. General powers and duties of the chair. The chair shall be the
    28  administrative head of the [workers' compensation] board and shall exer-
    29  cise the powers and perform the duties in relation to the administration
    30  of this chapter heretofore vested in the commissioner of labor by  chap-
    31  ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
    32  ry thereof, and by this chapter [excepting], with the exception of arti-
    33  cle  six  [thereof] of this chapter, and except in so far as such powers
    34  and duties are vested by this chapter  in  the  [workers'  compensation]
    35  board.    The chair shall preside at all meetings of the board and shall
    36  appoint all committees and panels of  the  board;  shall  designate  the
    37  times  and places for the hearing of claims under this chapter and shall
    38  perform all administrative functions of the board as in this chapter set
    39  forth. The chair, in the name  of  the  board,  shall  enforce  all  the
    40  provisions  of this chapter, and may make administrative regulations and
    41  orders providing for the receipt, indexing and examining of all notices,
    42  claims and reports, for the giving of notice of hearings  and  of  deci-
    43  sions, for certifying of records, for the fixing of the times and places
    44  for the hearing of claims, and for providing for the conduct of hearings
    45  and  establishing  of  calendar  practice to the extent not inconsistent
    46  with the rules of the board.  The  chair  shall  issue  and  may  revoke
    47  certificates  of  authorization of physicians, chiropractors and [podia-
    48  trists] podiatric physicians as provided in sections  thirteen-a,  thir-
    49  teen-k  and thirteen-1 of this chapter, and licenses for medical bureaus
    50  and x-ray and other laboratories under the provisions of  section  thir-
    51  teen-c  of  this  chapter, issue stop work orders as provided in section
    52  one hundred forty-one-a of this article, and shall have and exercise all
    53  powers not otherwise provided for herein in  relation  to  the  adminis-
    54  tration  of this chapter heretofore expressly conferred upon the commis-
    55  sioner of labor by any of the provisions of  this  chapter,  or  of  the
    56  labor  law.  The  chair, on behalf of the [workers' compensation] board,

        A. 3816                            29
 
     1  shall enter into the agreement  provided  for  in  section  one  hundred
     2  seventy-one-h  of  the tax law, and shall take such other actions as may
     3  be necessary to carry out the agreement provided for in such section for
     4  matching  beneficiary  records of workers' compensation with information
     5  provided by employers to the  state  directory  of  new  hires  for  the
     6  purposes  of verifying eligibility for such benefits and for administer-
     7  ing workers' compensation.
     8    § 61. Subdivision 2 of section 205 of the workers'  compensation  law,
     9  as  amended  by  chapter  270 of the laws of 1990, is amended to read as
    10  follows:
    11    2. for any period of disability during which an employee is not  under
    12  the  care  of  a  duly  licensed physician or with respect to disability
    13  resulting from a condition of the foot which may lawfully be treated  by
    14  a  duly  registered and licensed [podiatrist] podiatric physician of the
    15  state of New York or with respect  to  a  disability  resulting  from  a
    16  condition  which  may  lawfully  be  treated  by  a  duly registered and
    17  licensed chiropractor of the state of New York  or  with  respect  to  a
    18  disability resulting from a condition which may lawfully be treated by a
    19  duly  licensed  dentist  of  the  state of New York or with respect to a
    20  disability resulting from a condition which may lawfully be treated by a
    21  duly registered and licensed psychologist of the state of  New  York  or
    22  with  respect  to  a  disability  resulting  from  a condition which may
    23  lawfully be treated by a duly certified nurse midwife, for any period of
    24  such disability during which an employee is neither under the care of  a
    25  physician  nor  a  [podiatrist] podiatric physician, nor a chiropractor,
    26  nor a dentist, nor a psychologist, nor a certified  nurse  midwife;  and
    27  for any period of disability during which an employee who adheres to the
    28  faith  or  teachings of any church or denomination and who in accordance
    29  with its creed, tenets or principles depends  for  healing  upon  prayer
    30  through  spiritual means alone in the practice of religion, is not under
    31  the care of a practitioner duly accredited  by  the  church  or  denomi-
    32  nation, and provided such employee shall submit to all physical examina-
    33  tions as required by this chapter.
    34    §  62.  Subdivision 1 of section 213 of the workers' compensation law,
    35  as amended by chapter 784 of the laws of 1980, is  amended  to  read  as
    36  follows:
    37    1.  Whenever  a  covered employer does not comply with this article by
    38  providing for the payment of disability benefits to his employees in one
    39  or more of the ways provided in section two hundred eleven of this arti-
    40  cle or whenever a carrier fails to pay the  benefits  required  by  this
    41  article  to employees of a covered employer, then such employer shall be
    42  fully and directly liable to each of his employees for  the  payment  of
    43  benefits  provided  by this article. The amount of the benefits to which
    44  employees of such employers are entitled under this article and  attend-
    45  ance  fees  of  their  attending  physicians  or attending [podiatrists]
    46  podiatric physicians fixed pursuant to [subdivision two of] section  two
    47  hundred  thirty-two  of this article shall, on order of the chairman, be
    48  paid out of the fund established under section two hundred  fourteen  of
    49  this  article.  In case of non-compliance of the employer, such employer
    50  shall forthwith pay to the chairman, for credit to the fund, the sum  so
    51  expended  or one per cent of his payroll for his employees in employment
    52  during the period of non-compliance,  whichever  is  greater;  provided,
    53  however,  that  if  it  shall appear to the satisfaction of the chairman
    54  that the default in payment of benefits or  the  non-compliance  of  the
    55  employer  otherwise with his obligation under this article was inadvert-
    56  ent, the chairman may fix the sum payable in such case  for  non-compli-

        A. 3816                            30
 
     1  ance  or  default at the amount paid out of the fund and a sum less than
     2  one per cent of such payroll, and in addition the penalties for non-com-
     3  pliance imposed under this article. In case of failure of the carrier to
     4  pay  benefits,  the  employer  shall  forthwith pay to the chairman, for
     5  credit to the fund, the sum so expended.
     6    § 63. Subdivisions 1, 2 and 3 of section 217 of the  workers'  compen-
     7  sation  law, subdivision 1 as amended by chapter 167 of the laws of 1999
     8  and subdivisions 2 and 3 as amended by chapter 270 of the laws of  1990,
     9  are amended to read as follows:
    10    1.  Written  notice  and proof of disability shall be furnished to the
    11  employer by or on behalf of the employee claiming benefits  or,  in  the
    12  case  of  a claimant under section two hundred seven of this article, to
    13  the chair, within thirty days after commencement of the period of  disa-
    14  bility. Additional proof shall be furnished thereafter from time to time
    15  as  the employer or carrier or chair may require but not more often than
    16  once each week. Such proof shall include a statement  of  disability  by
    17  the  employee's  attending physician or attending [podiatrist] podiatric
    18  physician or attending chiropractor or attending  dentist  or  attending
    19  psychologist  or attending certified nurse midwife, or in the case of an
    20  employee who adheres to the faith or teachings of any church or  denomi-
    21  nation,  and  who  in  accordance  with  its creed, tenets or principles
    22  depends for healing upon prayer through spiritual  means  alone  in  the
    23  practice  of  religion,  by an accredited practitioner, containing facts
    24  and opinions as to such disability in compliance with regulations of the
    25  chair. Failure to furnish notice or proof within the  time  and  in  the
    26  manner  above  provided  shall  not invalidate the claim but no benefits
    27  shall be required to be paid for any period more than two weeks prior to
    28  the date on which the required proof is furnished  unless  it  shall  be
    29  shown  to  the  satisfaction  of  the  chair not to have been reasonably
    30  possible to furnish such notice or proof and that such notice  or  proof
    31  was  furnished  as soon as possible; provided, however, that no benefits
    32  shall be paid unless the required proof of disability is furnished with-
    33  in twenty-six weeks after commencement of the period of disability.   No
    34  limitation  of  time  provided  in this section shall run as against any
    35  person who is mentally incompetent, or physically incapable of providing
    36  such notice as a result of a serious medical condition, or  a  minor  so
    37  long as such person has no guardian of the person and/or property.
    38    2.  An  employee claiming benefits shall, as requested by the employer
    39  or carrier, submit himself or herself at intervals, but  not  more  than
    40  once  a  week,  for examination by a physician or [podiatrist] podiatric
    41  physician or chiropractor or dentist or psychologist or certified  nurse
    42  midwife  designated  by  the  employer or carrier. All such examinations
    43  shall be without cost to the employee and shall be held at a  reasonable
    44  time and place.
    45    3.  The  chair  may  direct the claimant to submit to examination by a
    46  physician or [podiatrist] podiatric physician or chiropractor or dentist
    47  or psychologist designated by him or her in any case in which the  claim
    48  to  disability benefits is contested and in claims arising under section
    49  two hundred seven of this article, and in other cases as  the  chair  or
    50  board may require.
    51    §  64.  Subdivision 5 of section 220 of the workers' compensation law,
    52  as amended by chapter 940 of the laws of 1973, is  amended  to  read  as
    53  follows:
    54    5.  In addition to other penalties herein provided, the chairman shall
    55  remove from the list of physicians authorized  to  render  medical  care
    56  under  the provisions of articles one to eight, inclusive, of this chap-

        A. 3816                            31
 
     1  ter and from the list of [podiatrists] podiatric  physicians  authorized
     2  to  render  podiatric care under section thirteen-k of this chapter, and
     3  from the list of chiropractors authorized to  render  chiropractic  care
     4  under  section  thirteen-l  of this chapter the name of any physician or
     5  [podiatrist] podiatric physician or chiropractor  whom  he  shall  find,
     6  after reasonable investigation, has submitted to the employer or carrier
     7  or  chairman  in connection with any claim for disability benefits under
     8  this article, a  statement  of  disability  that  is  not  truthful  and
     9  complete.
    10    §  65.  The  opening  paragraph of section 221 of the workers' compen-
    11  sation law, as separately amended by chapters 425 and 500 of the laws of
    12  1985, is amended to read as follows:
    13    Within twenty-six weeks of written notice of rejection of  claim,  the
    14  employee  may  file with the chairman a notice that his or her claim for
    15  disability benefits has not been paid, and  the  employee  shall  submit
    16  proof  of disability and of his or her employment, wages and other facts
    17  reasonably necessary for determination of the employee's right  to  such
    18  benefits.  Failure  to file such notice within the time provided, may be
    19  excused by the chairman if it can be shown to the  satisfaction  of  the
    20  chairman not to have been reasonably possible to furnish such notice and
    21  that  such  notice  was furnished as soon as possible.  On demand of the
    22  chairman the employer or carrier shall forthwith deliver to the chairman
    23  the original or a true copy of the attending  physician's  or  attending
    24  [podiatrist's] podiatric physician's or accredited practitioner's state-
    25  ment, wage and employment data and all other papers in the possession of
    26  the employer or carrier with respect to such claim.
    27    §  66.  Section  232  of  the workers' compensation law, as amended by
    28  chapter 270 of the laws of 1990, is amended to read as follows:
    29    § 232. Fees of physicians, [podiatrists] podiatric physicians,  chiro-
    30  practors,  dentists and psychologists. Whenever his or her attendance at
    31  a hearing before the board or its referees is  required,  the  attending
    32  physician  or  attending  [podiatrist]  podiatric physician or attending
    33  chiropractor or attending dentist or attending psychologist or attending
    34  certified nurse midwife of the disabled employee, except such physicians
    35  as are disqualified from  testifying  pursuant  to  subdivision  one  of
    36  section  thirteen-b,  or  section nineteen-a of this chapter, and except
    37  such [podiatrists] podiatric physicians as are disqualified from  testi-
    38  fying  under  the  provisions of section thirteen-k of this chapter, and
    39  except such chiropractors as are disqualified from testifying under  the
    40  provisions  of  section  thirteen-l  of  this  chapter,  and except such
    41  psychologists as are disqualified from testifying under  the  provisions
    42  of  section  thirteen-m  of this chapter, shall be entitled to receive a
    43  fee from the carrier or the fund established under section  two  hundred
    44  fourteen  of  this  article,  in  an amount as directed and fixed by the
    45  board, or its referees, and such fee shall be in addition to any witness
    46  fee.
    47    § 67. This act shall take effect immediately; provided, however,  that
    48  section thirty-two of this act shall take effect on the same date and in
    49  the  same  manner as section 1 of chapter 205 of the laws of 2014, takes
    50  effect.
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