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.
BILL NUMBER:A3816
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
physician.
SUMMARY OF SPECIFIC PROVISIONS:
Amends S 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) regulations 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
medicine 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 jurisdiction 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
3816
2015-2016 Regular Sessions
I N A S S E M B L Y
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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 18. The education law is amended by adding a new section 7011 to
17 read as follows:
18 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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.
