A03816 Summary:
| BILL NO | A03816 |
| SAME AS | No Same As |
| SPONSOR | Wright |
| COSPNSR | |
| MLTSPNSR | |
| Amd Ed L, generally; amd SS206-a, 238, 579, 585, 2801-b, 2803-d, 2805-k, 2995-d, 3302 & 3515, Pub Health L; amd SS365-a, 365-g & 413, Soc Serv L; amd S1212-A, Tax L; amd S404-a, V & T L; amd SS1204 & 1302, Lim Lil L; amd S1.03, Ment Hyg L; amd S50-d, Gen Muni L; amd SS3216, 4235, 4301, 5501, 5502, 5505 & 5506, Ins L; amd SS1504 & 1526, BC L; amd SS3012-a & 4504, CPLR; amd S396-d, County L; amd Work Comp L, generally | |
| Changes the name of practitioners of podiatry from podiatrists to podiatric physicians in numerous provisions of law. | |
A03816 Actions:
| BILL NO | A03816 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/27/2015 | referred to higher education | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/06/2016 | referred to higher education | |||||||||||||||||||||||||||||||||||||||||||||||||
A03816 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the education law, the public health law, the social services law, the tax law, the vehicle and traffic law, the limited liability company law, the mental hygiene law, the general municipal law, the insurance law, the business corporation law, the civil practice law and rules, the county law and the workers' compensation law, in relation to designating podiatrists as podiatric physicians PURPOSE OR GENERAL IDEA OF BILL: To allow properly licensed podiatrists to use the title podiatric physi- cian. SUMMARY OF SPECIFIC PROVISIONS: Amends § 6522 of the Education Law to accomplish the above stated purpose. JUSTIFICATION: In 31 states podiatrists are already recognized for the integrated role they play in the health care system and, as such, define podiatrists as physicians. Similarly, podiatrists are currently included within the definition of physician under Health Care Finance Authority (HCFA) regu- lations for the purposes of Medicare reimbursement. (MCM 2020.4) This legislation seeks to permit podiatrists in New York to use the more precise title "podiatric physician", instead of physician to avoid any consumer confusion. Given the educational training leading to licensure in podiatric medi- cine and surgery, the podiatrist already plays a heightened and needed role in the diagnosing of systemic diseases and the managing of patient care. Patients who seek podiatric medical services are very frequently those who lack an ongoing relationship with a family physician or a general internist, or who have not encountered such a physician for a year or longer. Professionally trained and licensed in every jurisdic- tion to medically and surgically diagnose and treat all conditions affecting the lower extremities, the Doctor of Podiatric Medicine often encounters the pedal manifestations of systemic diseases, including diabetes, arthritis, neurological disease, and circulatory and kidney disorders. These systemic conditions are frequently first identified in the podiatrist's office which makes the Doctor of Podiatric Medicine a member of a variety of disease management teams and a regular source of referral to other medical specialists. PRIOR LEGISLATIVE HISTORY: 2013-2014: A.2822 2011-2012: A4850 2010: A1295 2009: A1295 2008: A5239 2007 - A5239 2006 - A2922 See Bill A.1446 (2002) FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
A03816 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 3816 2015-2016 Regular Sessions IN ASSEMBLY January 27, 2015 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, the public health law, the social services law, the tax law, the vehicle and traffic law, the limited liability company law, the mental hygiene law, the general municipal law, the insurance law, the business corporation law, the civil prac- tice law and rules, the county law and the workers' compensation law, in relation to designating podiatrists as podiatric physicians The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6505-b of the education law, as amended by chapter 2 477 of the laws of 2008, is amended to read as follows: 3 § 6505-b. Course work or training in infection control practices. 4 Every dentist, registered nurse, licensed practical nurse, [podiatrist] 5 podiatric physician, optometrist and dental hygienist practicing in the 6 state shall, on or before July first, nineteen hundred ninety-four and 7 every four years thereafter, complete course work or training appropri- 8 ate to the professional's practice approved by the department regarding 9 infection control and barrier precautions, including engineering and 10 work practice controls, in accordance with regulatory standards promul- 11 gated by the department, in consultation with the department of health, 12 which shall be consistent, as far as appropriate, with such standards 13 adopted by the department of health pursuant to section two hundred 14 thirty-nine of the public health law to prevent the transmission of HIV, 15 HBV or HCV in the course of professional practice. Each such profes- 16 sional shall document to the department at the time of registration 17 commencing with the first registration after July first, nineteen 18 hundred ninety-four that the professional has completed course work or 19 training in accordance with this section, provided, however that a 20 professional subject to the provisions of paragraph (f) of subdivision 21 one of section twenty-eight hundred five-k of the public health law EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05296-01-5A. 3816 2 1 shall not be required to so document. The department shall provide an 2 exemption from this requirement to anyone who requests such an exemption 3 and who (i) clearly demonstrates to the department's satisfaction that 4 there would be no need for him or her to complete such course work or 5 training because of the nature of his or her practice or (ii) that he or 6 she has completed course work or training deemed by the department to be 7 equivalent to the course work or training approved by the department 8 pursuant to this section. The department shall consult with organiza- 9 tions representative of professions, institutions and those with exper- 10 tise in infection control and HIV, HBV and HCV with respect to the regu- 11 latory standards promulgated pursuant to this section. 12 § 2. Paragraph a of subdivision 3 of section 6507 of the education 13 law, as amended by chapter 554 of the laws of 2013, is amended to read 14 as follows: 15 a. Establish standards for preprofessional and professional education, 16 experience and licensing examinations as required to implement the arti- 17 cle for each profession. Notwithstanding any other provision of law, the 18 commissioner shall establish standards requiring that all persons apply- 19 ing, on or after January first, nineteen hundred ninety-one, initially, 20 or for the renewal of, a license, registration or limited permit to be a 21 physician, chiropractor, dentist, registered nurse, [podiatrist] podia- 22 tric physician, optometrist, psychiatrist, psychologist, licensed master 23 social worker, licensed clinical social worker, licensed creative arts 24 therapist, licensed marriage and family therapist, licensed mental 25 health counselor, licensed psychoanalyst, dental hygienist, licensed 26 behavior analyst, or certified behavior analyst assistant shall, in 27 addition to all the other licensure, certification or permit require- 28 ments, have completed two hours of coursework or training regarding the 29 identification and reporting of child abuse and maltreatment. The 30 coursework or training shall be obtained from an institution or provider 31 which has been approved by the department to provide such coursework or 32 training. The coursework or training shall include information regarding 33 the physical and behavioral indicators of child abuse and maltreatment 34 and the statutory reporting requirements set out in sections four 35 hundred thirteen through four hundred twenty of the social services law, 36 including but not limited to, when and how a report must be made, what 37 other actions the reporter is mandated or authorized to take, the legal 38 protections afforded reporters, and the consequences for failing to 39 report. Such coursework or training may also include information regard- 40 ing the physical and behavioral indicators of the abuse of individuals 41 with [mental retardation and other] developmental disabilities and 42 voluntary reporting of abused or neglected adults to the office of 43 [mental retardation and] people with developmental disabilities or the 44 local adult protective services unit. Each applicant shall provide the 45 department with documentation showing that he or she has completed the 46 required training. The department shall provide an exemption from the 47 child abuse and maltreatment training requirements to any applicant who 48 requests such an exemption and who shows, to the department's satisfac- 49 tion, that there would be no need because of the nature of his or her 50 practice for him or her to complete such training; 51 § 3. The opening paragraph of subdivision 3 of section 6527 of the 52 education law, as amended by chapter 257 of the laws of 1987, is amended 53 to read as follows: 54 No individual who serves as a member of (a) a committee established to 55 administer a utilization review plan of a hospital, including a hospital 56 as defined in article twenty-eight of the public health law or a hospi-A. 3816 3 1 tal as defined in subdivision ten of section 1.03 of the mental hygiene 2 law, or (b) a committee having the responsibility of the investigation 3 of an incident reported pursuant to section 29.29 of the mental hygiene 4 law or the evaluation and improvement of the quality of care rendered in 5 a hospital as defined in article twenty-eight of the public health law 6 or a hospital as defined in subdivision ten of section 1.03 of the 7 mental hygiene law, or (c) any medical review committee or subcommittee 8 thereof of a local, county or state medical, dental, podiatry or optome- 9 trical society, any such society itself, a professional standards review 10 organization or an individual when such committee, subcommittee, socie- 11 ty, organization or individual is performing any medical or quality 12 assurance review function including the investigation of an incident 13 reported pursuant to section 29.29 of the mental hygiene law, either 14 described in clauses (a) and (b) of this subdivision, required by law, 15 or involving any controversy or dispute between (i) a physician, 16 dentist, [podiatrist] podiatric physician or optometrist or hospital 17 administrator and a patient concerning the diagnosis, treatment or care 18 of such patient or the fees or charges therefor or (ii) a physician, 19 dentist, [podiatrist] podiatric physician or optometrist or hospital 20 administrator and a provider of medical, dental, podiatric or optometri- 21 cal services concerning any medical or health charges or fees of such 22 physician, dentist, [podiatrist] podiatric physician or optometrist, or 23 (d) a committee appointed pursuant to section twenty-eight hundred 24 five-j of the public health law to participate in the medical and dental 25 malpractice prevention program, or (e) any individual who participated 26 in the preparation of incident reports required by the department of 27 health pursuant to section twenty-eight hundred five-l of the public 28 health law, or (f) a committee established to administer a utilization 29 review plan, or a committee having the responsibility of evaluation and 30 improvement of the quality of care rendered, in a health maintenance 31 organization organized under article forty-four of the public health law 32 or article forty-three of the insurance law, including a committee of an 33 individual practice association or medical group acting pursuant to a 34 contract with such a health maintenance organization, shall be liable in 35 damages to any person for any action taken or recommendations made, by 36 him within the scope of his function in such capacity provided that (a) 37 such individual has taken action or made recommendations within the 38 scope of his function and without malice, and (b) in the reasonable 39 belief after reasonable investigation that the act or recommendation was 40 warranted, based upon the facts disclosed. 41 § 4. Subdivision 25-a of section 6530 of the education law, as added 42 by chapter 542 of the laws of 2000, is amended to read as follows: 43 25-a. With respect to any non-emergency treatment, procedure or 44 surgery which is expected to involve local or general anesthesia, fail- 45 ing to disclose to the patient the identities of all physicians, except 46 medical residents in certified training programs, [podiatrists] podia- 47 tric physicians and dentists, reasonably anticipated to be actively 48 involved in such treatment, procedure or surgery and to obtain such 49 patient's informed consent to said practitioners' participation; 50 § 5. Subdivision 7 of section 6811 of the education law, as added by 51 chapter 987 of the laws of 1971, is amended to read as follows: 52 7. Any person to enter into an agreement with a physician, dentist, 53 [podiatrist] podiatric physician or veterinarian for the compounding or 54 dispensing of secret formula (coded) prescriptions;A. 3816 4 1 § 6. Paragraph j of subdivision 2 of section 6815 of the education 2 law, as amended by chapter 752 of the laws of 1973, is amended to read 3 as follows: 4 j. Except as required by article thirty-three of the public health 5 law, the labeling provisions of this article shall not apply to the 6 compounding and dispensing of drugs on the written prescription of a 7 physician, a dentist, a [podiatrist] podiatric physician or a veterina- 8 rian, which prescription when filled shall be kept on file for at least 9 five years by the pharmacist or druggist. Such drug shall bear a label 10 containing the name and place of business of the dispenser, the serial 11 number and date of the prescription, directions for use as may be stated 12 in the prescription, name and address of the patient and the name of the 13 physician or other practitioner authorized by law to issue the 14 prescription. In addition, such label shall contain the proprietary or 15 brand name of the drug and, if applicable, the strength of the contents, 16 unless the person issuing the prescription explicitly states on the 17 prescription, in his own handwriting, that the name of the drug and the 18 strength thereof should not appear on the label. 19 § 7. Subdivision c of section 6731 of the education law, as amended by 20 chapter 389 of the laws of 2007, is amended to read as follows: 21 c. Such treatment shall be rendered pursuant to a referral which may 22 be directive as to treatment by a licensed physician, dentist, [podia-23trist] podiatric physician, nurse practitioner or licensed midwife, each 24 acting within his or her lawful scope of practice, and in accordance 25 with their diagnosis, except as provided in subdivision d of this 26 section. 27 § 8. Subdivision 3 of section 6817 of the education law, as amended by 28 chapter 752 of the laws of 1973, is amended to read as follows: 29 3. A drug dispensed on a written or oral prescription of a physician, 30 dentist, [podiatrist] podiatric physician or veterinarian (except a 31 controlled substance), shall be exempt from the requirements of this 32 section if such drug bears a label containing the name and place of 33 business of the dispenser, the serial number and date of the 34 prescription, directions for use as may be stated in the prescription 35 and the name of the physician, dentist, [podiatrist] podiatric physician 36 or veterinarian issuing the prescription and the name of the patient. In 37 addition, such drug shall bear a label containing the proprietary or 38 brand name of the drug and, if applicable, the strength of the contents, 39 unless the person issuing the prescription explicitly states on the 40 prescription, in his own handwriting, that the name of the drug and the 41 strength thereof should not appear on the label. 42 § 9. Section 7001 of the education law, as amended by chapter 438 of 43 the laws of 2012, subdivision 1 as amended and subdivision 3 as added by 44 chapter 23 of the laws of 2013, is amended to read as follows: 45 § 7001. Definition of practice of podiatry. 1. The practice of the 46 profession of podiatry is defined as diagnosing, treating, operating and 47 prescribing for any disease, injury, deformity or other condition of the 48 foot, and may include performing physical evaluations in conjunction 49 with the provision of podiatric treatment. For the purposes of wound 50 care however, the practice of podiatry shall include the treatment of 51 such wounds if they are contiguous with wounds relating, originating or 52 in the course of treatment of a wound on the foot within the podiatric 53 scope of practice. Wound care shall not, however, extend beyond the 54 level ending at the distal tibial tuberosity. The practice of podiatry 55 may also include diagnosing, treating, operating and prescribing for any 56 disease, injury, deformity or other condition of the ankle and softA. 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-19trists] 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-34trists] Podiatric physicians licensed to practice, but not authorized to 35 prescribe or administer narcotics prior to the effective date of this 36 subdivision, may do so only after certification by the department in 37 accordance with the qualifications established by the commissioner. The 38 practice of podiatry shall include administering only local anesthetics 39 for therapeutic purposes as well as for anesthesia and treatment under 40 general anesthesia administered by authorized persons. The practice of 41 podiatry by any licensee shall not include partial or total ankle 42 replacements nor the treatment of pilon fractures. 43 3. (a) The department shall conduct a study to determine whether to 44 make available to the public profiles on [podiatrists] podiatric physi- 45 cians who have obtained an issuance of a privilege to perform podiatric 46 standard or advanced ankle surgery pursuant to subdivisions one and two 47 of section seven thousand nine of this article. Such study shall include 48 consideration of whether it would be appropriate and feasible for the 49 department to make publicly available profiles for such [podiatrists] 50 podiatric physicians in a manner similar to physician profiles made 51 available on the department of health's website in accordance with 52 section twenty-nine hundred ninety-five-a of the public health law. The 53 department shall consult with the department of health as necessary on 54 matters related to the operation of the department of health's physician 55 profiles established pursuant to section twenty-nine hundred ninety- 56 five-a of the public health law in conducting its study.A. 3816 6 1 (b) If the department determines that making [podiatrist] podiatric 2 physician profiles available is appropriate and feasible, the depart- 3 ment, after consultation with the department of health, shall outline in 4 such study an appropriate and cost effective method of presenting rele- 5 vant and appropriate podiatric physician profiling information to the 6 general public. The department shall submit such study to the governor, 7 the temporary president of the senate, the speaker of the assembly, the 8 minority leader of the senate and the minority leader of the assembly on 9 or before November first, two thousand sixteen. 10 (c) If the department makes [podiatrist] podiatric physician profiles 11 available as set forth in paragraph (b) of this subdivision, the depart- 12 ment of health shall include on its website containing the physician 13 profiles established pursuant to section twenty-nine hundred ninety- 14 five-a of the public health law a link to the website on which such 15 [podiatrist] podiatric physician profiles may be accessed and a state- 16 ment describing the purpose of such link. 17 § 10. Section 7002 of the education law, as added by chapter 987 of 18 the laws of 1971, is amended to read as follows: 19 § 7002. Practice of podiatry and use of title ["podiatrist"] "podia- 20 tric physician". Only a person licensed or exempt under this article 21 shall practice podiatry or use the title ["podiatrist"] "podiatric 22 physician" or "chiropodist". 23 § 11. Section 7003 of the education law, as added by chapter 987 of 24 the laws of 1971, is amended to read as follows: 25 § 7003. State board for podiatry. A state board for podiatry shall be 26 appointed by the board of regents on recommendation of the commissioner 27 for the purpose of assisting the board of regents and the department on 28 matters of professional licensing and professional conduct in accordance 29 with section sixty-five hundred eight of this title. The board shall be 30 composed of not less than seven [podiatrists] podiatric physicians 31 licensed in this state. An executive secretary to the board shall be 32 appointed by the board of regents on recommendation of the commissioner. 33 § 12. The opening paragraph of section 7004 of the education law, as 34 added by chapter 987 of the laws of 1971, is amended to read as follows: 35 To qualify for a license as a [podiatrist] podiatric physician, an 36 applicant shall fulfill the following requirements: 37 § 13. Section 7005 of the education law, as amended by chapter 39 of 38 the laws of 1982, is amended to read as follows: 39 § 7005. Exempt persons. Nothing in this article shall be construed to 40 affect or prevent[: 1. A] a student from engaging in clinical practice 41 under supervision of a licensed [podiatrist] podiatric physician in a 42 school of podiatry in this state registered by the department. 43 § 14. Section 7006 of the education law, as added by chapter 987 of 44 the laws of 1971, subdivision 1 as amended by chapter 805 of the laws of 45 1984, subdivision 3 as added by chapter 413 of the laws of 1988 and 46 subdivision 4 as amended by chapter 544 of the laws of 2003, is amended 47 to read as follows: 48 § 7006. Special provision. 1. No corporation, except a hospital 49 corporation authorized under article forty-three of the insurance law or 50 a corporation organized and existing under the laws of the state of New 51 York which, on or before the first day of March, nineteen hundred 52 forty-two, was legally incorporated to practice podiatry, shall practice 53 podiatry, and then only through licensed [podiatrists] podiatric physi- 54 cians and shall conform to board of regents rules. No corporation 55 organized to practice podiatry shall change its name or sell its fran- 56 chise or transfer its corporate rights directly or indirectly, by trans-A. 3816 7 1 fer of capital stock control or otherwise, to any person or to another 2 corporation without permission from the department and any corporation 3 so changing its name or so transferring its franchise or corporate 4 rights without such permission or found guilty of violating a board of 5 regents rule shall be deemed to have forfeited its right to exist and 6 shall be dissolved by a proceeding brought by the attorney general. 7 2. Any manufacturer or merchant may sell, advertise, fit, or adjust 8 proprietary foot remedies, arch supports, corrective foot appliances or 9 shoes. 10 3. Notwithstanding any inconsistent provision of any general, special 11 or local law, any licensed [podiatrist] podiatric physician who volun- 12 tarily and without the expectation of monetary compensation renders 13 first aid or emergency treatment at the scene of an accident or other 14 emergency, outside of a hospital or any other place having proper and 15 necessary medical equipment, to a person who is unconscious, ill or 16 injured shall not be liable for damages for injuries alleged to have 17 been sustained by such person or for damages for the death of such 18 person alleged to have occurred by reason of an act or omission in the 19 rendering of such first aid or emergency treatment unless it is estab- 20 lished that such injuries were or such death was caused by gross negli- 21 gence on the part of such [podiatrist] podiatric physician. Nothing in 22 this subdivision shall be deemed or construed to relieve a licensed 23 [podiatrist] podiatric physician from liability for damages for injuries 24 or death caused by an act or omission on the part of a [podiatrist] 25 podiatric physician while rendering professional services in the normal 26 and ordinary course of practice. 27 4. An unlicensed person may provide supportive services to a [podia-28trist] podiatric physician incidental to and concurrent with such 29 [podiatrist] podiatric physician personally performing a service or 30 procedure. Nothing in this subdivision shall be construed to allow an 31 unlicensed person to provide any service which constitutes the practice 32 of podiatry as defined in this article. An unlicensed person providing 33 supportive services to a [podiatrist] podiatric physician may operate 34 radiographic equipment under direct supervision for the sole purpose of 35 foot radiography provided that such person completes a course of study 36 acceptable to the department in consultation with the department of 37 health. 38 § 15. Subdivision 1 of section 7007 of the education law, as added by 39 chapter 728 of the laws of 1990, is amended to read as follows: 40 1. Limited permits to practice podiatry may be issued by the depart- 41 ment to graduates of a program of professional education in podiatry 42 registered by the department or accredited by an accrediting agency 43 acceptable to the department. Such permits shall authorize the practice 44 of podiatry only under the supervision of a licensed [podiatrist] podia- 45 tric physician and only in: 46 a. a hospital or health facility licensed pursuant to article twenty- 47 eight of the public health law; or 48 b. a clerkship for a period of two years or less conducted by a 49 licensed [podiatrist] podiatric physician designated as a member of the 50 faculty of an approved school of podiatry for purposes of a preceptor- 51 ship program[; or]. 52 § 16. Section 7009 of the education law, as added by chapter 438 of 53 the laws of 2012, is amended to read as follows: 54 § 7009. Podiatric ankle surgery privileges. 1. For issuance of a priv- 55 ilege to perform podiatric standard ankle surgery, as that term is usedA. 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-16trist] podiatric physician. 17 § 17. Section 7010 of the education law, as added by chapter 438 of 18 the laws of 2012, is amended to read as follows: 19 § 7010. 1. Ankle surgery limited permits. A limited permit to perform 20 podiatric standard ankle surgery, as described in subdivision two of 21 section seven thousand one of this article, may be issued by the depart- 22 ment to a [podiatrist] podiatric physician who is licensed pursuant to 23 this article and who has met the residency and board 24 qualification/certification requirements set forth in subdivision one of 25 section seven thousand nine of this article in order to authorize such 26 [podiatrist] podiatric physician to obtain the training and experience 27 required for the issuance of a podiatric standard ankle surgery privi- 28 lege pursuant to subdivision one of section seven thousand nine of this 29 article. Such permits shall authorize the performance of podiatric stan- 30 dard ankle surgery only under the direct personal supervision of a 31 licensed [podiatrist] podiatric physician holding a podiatric standard 32 ankle surgery privilege or a podiatric advanced ankle surgery privilege 33 issued pursuant to section seven thousand nine of this article or of a 34 physician licensed pursuant to article one hundred thirty-one of this 35 title and certified in orthopedic surgery by a national certifying board 36 having certification standards acceptable to the department. 37 2. A limited permit to perform podiatric advanced ankle surgery, as 38 described in subdivision two of section seven thousand one of this arti- 39 cle, may be issued by the department to a [podiatrist] podiatric physi- 40 cian who is licensed pursuant to this article and who has met the resi- 41 dency and board certification requirements set forth in subdivision two 42 of section seven thousand nine of this article in order to authorize 43 such [podiatrist] podiatric physician to obtain the training and experi- 44 ence required for the issuance of a podiatric advanced ankle surgery 45 privilege pursuant to subdivision two of section seven thousand nine of 46 this article. Such permits shall authorize the performance of podiatric 47 advanced ankle surgery only under the direct personal supervision of a 48 licensed [podiatrist] podiatric physician holding a podiatric advanced 49 ankle surgery privilege issued pursuant to subdivision two of section 50 seven thousand nine of this article or of a physician licensed pursuant 51 to article one hundred thirty-one of this title and certified in 52 orthopedic surgery by a national certifying board having certification 53 standards acceptable to the department. 54 3. For the purposes of this section, direct personal supervision means 55 supervision of procedures based on instructions given directly by the 56 supervising [podiatrist] podiatric physician or physician who remains inA. 3816 10 1 the immediate area where the procedures are being performed, authorizes 2 the procedures and evaluates the procedures performed by the holder of 3 the limited permit. 4 4. The holder of a limited permit issued pursuant to this section 5 shall perform podiatric ankle surgery only in a hospital or health 6 facility licensed pursuant to article twenty-eight of the public health 7 law and appropriately authorized to provide such surgery. 8 5. Limited permits shall be issued for a period of one year, and may 9 be renewed for additional one year periods when necessary to permit the 10 completion of the training and experience required to obtain a podiatric 11 standard ankle surgery privilege or podiatric advanced ankle surgery 12 privilege, as applicable, provided that no permit may be renewed more 13 than four times for each such privilege. 14 6. The fee for a limited permit shall be one hundred five dollars and 15 the fee for a renewal shall be fifty dollars. 16 § 18. The education law is amended by adding a new section 7011 to 17 read as follows: 18 § 7011. Prior license as podiatrist. Any individual licensed as a 19 podiatrist prior to the effective date of this section shall, on and 20 after the effective date of this section, be deemed to be licensed as a 21 podiatric physician pursuant to this article for all purposes of the 22 laws of this state, and any such individual may use the title "podiatric 23 physician". 24 § 19. Paragraphs a and b of subdivision 1 of section 206-a of the 25 public health law, as amended by chapter 460 of the laws of 1985, are 26 amended to read as follows: 27 a. To deny to or to withhold from a physician, dentist or [podiatrist] 28 podiatric physician staff membership or professional privileges in a 29 hospital because of his participation in any medical group practice, 30 non-profit health insurance plan, or comprehensive health services plan 31 offered by a health maintenance organization authorized by the laws of 32 the state; or 33 b. To exclude or to expel a physician, dentist or [podiatrist] podia- 34 tric physician from staff membership or to curtail, terminate or dimin- 35 ish in any way a physician's, dentist's or [podiatrist's] podiatric 36 physician's professional privileges in a hospital because of his partic- 37 ipation in any medical group practice, non-profit health insurance plan, 38 or comprehensive health services plan offered by a health maintenance 39 organization authorized by the laws of the state. 40 § 20. Subdivision 11 of section 238 of the public health law, as added 41 by chapter 803 of the laws of 1992, is amended to read as follows: 42 11. "Practitioner" shall mean a licensed or registered physician, 43 dentist, [podiatrist] podiatric physician, chiropractor, nurse, midwife, 44 physician assistant or specialist assistant, physical therapist, or 45 optometrist. 46 § 21. Subdivision 1 of section 579 of the public health law, as 47 amended by chapter 444 of the laws of 2013, is amended to read as 48 follows: 49 1. This title is applicable to all clinical laboratories and blood 50 banks operating within the state, except clinical laboratories and blood 51 banks operated by the federal government and clinical laboratories oper- 52 ated by a licensed physician, osteopath, dentist, midwife, nurse practi- 53 tioner, optometrist performing a clinical laboratory test that does not 54 use an invasive modality as defined in section seventy-one hundred one 55 of the education law or [podiatrist] podiatric physician who performs 56 laboratory tests or procedures, personally or through his or her employ-A. 3816 11 1 ees, solely as an adjunct to the treatment of his or her own patients; 2 to the extent authorized by federal and state law, including the educa- 3 tion law, and consistent with any applicable written practice agreement. 4 § 22. Subdivision 1 of section 585 of the public health law, as added 5 by chapter 803 of the laws of 1992, is amended to read as follows: 6 1. "Health services purveyor" means any person, firm, partnership, 7 group, association, corporation or professional corporation, or any 8 agent, employee, fiduciary, employer or representative thereof, includ- 9 ing but not limited to a physician, dentist, [podiatrist] podiatric 10 physician, or chiropractor, either in individual practice, group prac- 11 tice or employed in a facility owned by any person, group, association, 12 firm, partnership or corporation hiring any of the aforementioned prac- 13 titioners, who provide health or health related services. 14 § 23. Subdivisions 1 and 3 of section 2801-b of the public health law, 15 as amended by chapter 605 of the laws of 2008, are amended to read as 16 follows: 17 1. It shall be an improper practice for the governing body of a hospi- 18 tal to refuse to act upon an application for staff membership or profes- 19 sional privileges or to deny or withhold from a physician, [podiatrist] 20 podiatric physician, optometrist, dentist or licensed midwife staff 21 membership or professional privileges in a hospital, or to exclude or 22 expel a physician, [podiatrist] podiatric physician, optometrist, 23 dentist or licensed midwife from staff membership in a hospital or 24 curtail, terminate or diminish in any way a physician's, [podiatrist's] 25 podiatric physician's, optometrist's, dentist's or licensed midwife's 26 professional privileges in a hospital, without stating the reasons 27 therefor, or if the reasons stated are unrelated to standards of patient 28 care, patient welfare, the objectives of the institution or the charac- 29 ter or competency of the applicant. It shall be an improper practice for 30 a governing body of a hospital to refuse to act upon an application or 31 to deny or to withhold staff membership or professional privileges to a 32 [podiatrist] podiatric physician based solely upon a practitioner's 33 category of licensure. 34 3. After the filing of any such complaint, the public health council 35 shall make a prompt investigation in connection therewith. In conducting 36 such investigation, the public health council is authorized to receive 37 reports from the governing body of the hospital and the complainant, as 38 the case may be, and the furnishing of such information to the public 39 health council, or by the council to the governing body or complainant, 40 shall not subject any person or hospital to any action for damages or 41 other relief. Such information when received by the public health coun- 42 cil, or its authorized representative, shall be kept confidential and 43 shall be used solely for the purposes of this section and the improve- 44 ment of the standards of patient care and patient welfare. The records 45 of such proceedings shall not be admissible as evidence in any other 46 action of any kind in any court or before any other tribunal, board, 47 agency, or person. If the council shall determine after such investi- 48 gation that cause exists for crediting the allegations of the complaint, 49 the council shall promptly so advise the governing body of the hospital 50 against which the complaint was made, and shall direct that such govern- 51 ing body make a review of the actions of such body in denying or with- 52 holding staff membership or professional privileges from the complainant 53 physician, [podiatrist] podiatric physician, optometrist, dentist or 54 licensed midwife or in excluding or expelling such physician, [podia-55trist] podiatric physician, optometrist, dentist or licensed midwife 56 from staff membership or in curtailing, terminating or in any way dimin-A. 3816 12 1 ishing such physician's, [podiatrist's] podiatric physician's, 2 optometrist's, dentist's or licensed midwife's professional privileges 3 in the hospital. 4 § 24. Subdivision 1 of section 2803-d of the public health law, as 5 amended by chapter 230 of the laws of 2004, is amended to read as 6 follows: 7 1. The following persons are required to report in accordance with 8 this section when they have reasonable cause to believe that a person 9 receiving care or services in a residential health care facility has 10 been physically abused, mistreated or neglected by other than a person 11 receiving care or services in the facility: any operator or employee of 12 such facility, any person who, or employee of any corporation, partner- 13 ship, organization or other entity which, is under contract to provide 14 patient care services in such facility, and any nursing home administra- 15 tor, physician, medical examiner, coroner, physician's associate, 16 specialist's assistant, osteopath, chiropractor, physical therapist, 17 occupational therapist, registered professional nurse, licensed practi- 18 cal nurse, dentist, [podiatrist] podiatric physician, optometrist, phar- 19 macist, psychologist, licensed master social worker, licensed clinical 20 social worker, speech pathologist and audiologist. 21 § 25. Section 2805-k of the public health law, as amended by chapter 22 485 of the laws of 1986, paragraph (f) of subdivision 1 as amended by 23 chapter 477 of the laws of 2008 and paragraph (g) of subdivision 1 as 24 relettered by chapter 786 of the laws of 1992, is amended to read as 25 follows: 26 § 2805-k. Investigations prior to granting or renewing privileges. 1. 27 Prior to granting or renewing professional privileges or association of 28 any physician, dentist or [podiatrist] podiatric physician or hiring a 29 physician, dentist or [podiatrist] podiatric physician, a hospital or 30 facility approved pursuant to this article shall request from the physi- 31 cian, dentist or [podiatrist] podiatric physician and the physician, 32 dentist or [podiatrist] podiatric physician shall be required to provide 33 the following information: 34 (a) The name of any hospital or facility with or at which the physi- 35 cian, dentist or [podiatrist] podiatric physician had or has any associ- 36 ation, employment, privileges or practice; 37 (b) Where such association, employment, privilege or practice was 38 discontinued, the reasons for its discontinuation; 39 (c) Any pending professional medical, dental or podiatric misconduct 40 proceedings or any pending medical malpractice actions in this state or 41 another state, the substance of the allegations in such proceedings or 42 actions, and any additional information concerning such proceedings or 43 actions as the physician, dentist or [podiatrist] podiatric physician 44 may deem appropriate; 45 (d) The substance of the findings in such actions or proceedings and 46 any additional information concerning such actions or proceedings as the 47 physician, dentist or [podiatrist] podiatric physician may deem appro- 48 priate; 49 (e) A waiver by the physician, dentist or [podiatrist] podiatric 50 physician of any confidentiality provisions concerning the information 51 required to be provided to hospitals pursuant to this subdivision; [and] 52 (f) Documentation that the physician, dentist or [podiatrist] podia- 53 tric physician has completed the course work or training as mandated by 54 section two hundred thirty-nine of this chapter or section six thousand 55 five hundred five-b of the education law. A hospital or facility shall 56 not grant or renew professional privileges or association to a physi-A. 3816 13 1 cian, dentist, or [podiatrist] podiatric physician who has not completed 2 such course work or training[.]; and 3 (g) A verification by the physician, dentist or [podiatrist] podiatric 4 physician that the information provided by the physician, dentist or 5 [podiatrist] podiatric physician is true and accurate. 6 2. Prior to granting privileges or association to any physician, 7 dentist or [podiatrist] podiatric physician, or hiring a physician, 8 dentist or [podiatrist] podiatric physician, any hospital or facility 9 approved pursuant to this article shall request from any hospital with 10 or at which such physician, dentist or [podiatrist] podiatric physician 11 had or has privileges, was associated, or was employed, the following 12 information concerning such physician, dentist or [podiatrist] podiatric 13 physician: 14 (a) Any pending professional medical conduct proceedings or any pend- 15 ing medical malpractice actions, in this state or another state; 16 (b) Any judgment or settlement of a medical malpractice action and any 17 finding of professional misconduct in this state or another; and 18 (c) Any information required to be reported by hospitals pursuant to 19 section twenty-eight hundred three-e of this article as added by chapter 20 eight hundred sixty-six of the laws of nineteen hundred eighty. 21 3. If requested by the department, a hospital shall provide documenta- 22 tion that, prior to granting privileges, association or employing a 23 physician, dentist or [podiatrist] podiatric physician, it has complied 24 with the requirements of subdivisions one and two of this section and 25 that, prior to renewing privileges, association or employment, it has 26 complied with the requirements of subdivision one of this section. 27 Copies of the information and documentation required pursuant to subdi- 28 visions one and two of this section shall be placed in the physician's, 29 dentist's or [podiatrist's] podiatric physician's personnel or creden- 30 tials file maintained by the hospital. 31 4. Any hospital which receives a request for information from another 32 hospital pursuant to subdivision one or two of this section shall 33 provide such information concerning the physician, dentist or [podia-34trist] podiatric physician in question to the extent such information is 35 known to the hospital receiving such a request, including the reasons 36 for suspension, termination, curtailment of employment or privileges at 37 the hospital. Any hospital or hospital employee providing such informa- 38 tion in good faith shall not be liable in any civil action for the 39 release of such information. 40 § 26. Section 2995-d of the public health law is amended by adding a 41 new subdivision 4-a to read as follows: 42 4-a. In cooperation with the education department, establish a health 43 care practitioner database relating to podiatric physicians. Such data- 44 base shall include information similar to the physician profiles estab- 45 lished pursuant to section twenty-nine hundred ninety-five-a of this 46 title. The database shall be capable of presenting relevant medical and 47 treatment information in a format that is easily understood by and made 48 available to the general public. 49 § 27. Subdivision 29 of section 3302 of the public health law, as 50 amended by chapter 163 of the laws of 1973 and as renumbered by chapter 51 537 of the laws of 1998, is amended to read as follows: 52 29. "Practitioner" means: 53 A physician, dentist, [podiatrist] podiatric physician, veterinarian, 54 scientific investigator, or other person licensed, or otherwise permit- 55 ted to dispense, administer or conduct research with respect to a 56 controlled substance in the course of a licensed professional practiceA. 3816 14 1 or research licensed pursuant to this article. Such person shall be 2 deemed a "practitioner" only as to such substances, or conduct relating 3 to such substances, as is permitted by his license, permit or otherwise 4 permitted by law. 5 § 28. Paragraph (a) of subdivision 4 of section 3515 of the public 6 health law, as added by chapter 175 of the laws of 2006, is amended to 7 read as follows: 8 (a) a student enrolled in or attending a school or college of medi- 9 cine, osteopathy, dentistry, podiatry, chiropractic, or radiologic tech- 10 nology who applies radiation to a human being, while under the direct 11 supervision of a licensed physician, dentist, [podiatrist] podiatric 12 physician, chiropractor, or radiologic technologist respectively; 13 § 29. Paragraph (l) of subdivision 2 of section 365-a of the social 14 services law, as amended by chapter 81 of the laws of 1995, is amended 15 to read as follows: 16 (l) care and services of [podiatrists] podiatric physicians which care 17 and services shall only be provided upon referral by a physician, nurse 18 practitioner or certified nurse midwife in accordance with the program 19 of early and periodic screening and diagnosis established pursuant to 20 subdivision three of this section or to persons eligible for benefits 21 under title XVIII of the federal social security act as qualified medi- 22 care beneficiaries in accordance with federal requirements therefor and 23 private duty nurses which care and services shall only be provided in 24 accordance with regulations of the department of health; [provided,25however, that private duty nursing services shall not be restricted when26such services are more appropriate and cost-effective than nursing27services provided by a home health agency pursuant to section three28hundred sixty-seven-l;] 29 § 30. Paragraph (e) of subdivision 5 of section 365-g of the social 30 services law, as amended by chapter 41 of the laws of 1992, is amended 31 to read as follows: 32 (e) on a fee-for-services basis to in-patients in general hospitals 33 certified under article twenty-eight of the public health law or article 34 thirty-one of the mental hygiene law and residential health care facili- 35 ties, with the exception of [podiatrists'] podiatric physicians' 36 services; 37 § 31. Paragraph (a) of subdivision 1 of section 413 of the social 38 services law, as amended by chapter 126 of the laws of 2014, is amended 39 to read as follows: 40 (a) The following persons and officials are required to report or 41 cause a report to be made in accordance with this title when they have 42 reasonable cause to suspect that a child coming before them in their 43 professional or official capacity is an abused or maltreated child, or 44 when they have reasonable cause to suspect that a child is an abused or 45 maltreated child where the parent, guardian, custodian or other person 46 legally responsible for such child comes before them in their profes- 47 sional or official capacity and states from personal knowledge facts, 48 conditions or circumstances which, if correct, would render the child an 49 abused or maltreated child: any physician; registered physician assist- 50 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 51 osteopath; optometrist; chiropractor; [podiatrist] podiatric physician; 52 resident; intern; psychologist; registered nurse; social worker; emer- 53 gency medical technician; licensed creative arts therapist; licensed 54 marriage and family therapist; licensed mental health counselor; 55 licensed psychoanalyst; licensed behavior analyst; certified behavior 56 analyst assistant; hospital personnel engaged in the admission, examina-A. 3816 15 1 tion, care or treatment of persons; a Christian Science practitioner; 2 school official, which includes but is not limited to school teacher, 3 school guidance counselor, school psychologist, school social worker, 4 school nurse, school administrator or other school personnel required to 5 hold a teaching or administrative license or certificate; social 6 services worker; director of a children's overnight camp, summer day 7 camp or traveling summer day camp, as such camps are defined in section 8 thirteen hundred ninety-two of the public health law; day care center 9 worker; school-age child care worker; provider of family or group family 10 day care; employee or volunteer in a residential care facility for chil- 11 dren that is licensed, certified or operated by the office of children 12 and family services; or any other child care or foster care worker; 13 mental health professional; substance abuse counselor; alcoholism coun- 14 selor; all persons credentialed by the office of alcoholism and 15 substance abuse services; peace officer; police officer; district attor- 16 ney or assistant district attorney; investigator employed in the office 17 of a district attorney; or other law enforcement official. 18 § 32. Paragraph (a) of subdivision 1 of section 413 of the social 19 services law, as separately amended by chapters 126 and 205 of the laws 20 of 2014, is amended to read as follows: 21 (a) The following persons and officials are required to report or 22 cause a report to be made in accordance with this title when they have 23 reasonable cause to suspect that a child coming before them in their 24 professional or official capacity is an abused or maltreated child, or 25 when they have reasonable cause to suspect that a child is an abused or 26 maltreated child where the parent, guardian, custodian or other person 27 legally responsible for such child comes before them in their profes- 28 sional or official capacity and states from personal knowledge facts, 29 conditions or circumstances which, if correct, would render the child an 30 abused or maltreated child: any physician; registered physician assist- 31 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 32 osteopath; optometrist; chiropractor; [podiatrist] podiatric physician; 33 resident; intern; psychologist; registered nurse; social worker; emer- 34 gency medical technician; licensed creative arts therapist; licensed 35 marriage and family therapist; licensed mental health counselor; 36 licensed psychoanalyst; licensed behavior analyst; certified behavior 37 analyst assistant; hospital personnel engaged in the admission, examina- 38 tion, care or treatment of persons; a Christian Science practitioner; 39 school official, which includes but is not limited to school teacher, 40 school guidance counselor, school psychologist, school social worker, 41 school nurse, school administrator or other school personnel required to 42 hold a teaching or administrative license or certificate; full or part- 43 time compensated school employee required to hold a temporary coaching 44 license or professional coaching certificate; social services worker; 45 director of a children's overnight camp, summer day camp or traveling 46 summer day camp, as such camps are defined in section thirteen hundred 47 ninety-two of the public health law; day care center worker; school-age 48 child care worker; provider of family or group family day care; employee 49 or volunteer in a residential care facility for children that is 50 licensed, certified or operated by the office of children and family 51 services; or any other child care or foster care worker; mental health 52 professional; substance abuse counselor; alcoholism counselor; all 53 persons credentialed by the office of alcoholism and substance abuse 54 services; peace officer; police officer; district attorney or assistant 55 district attorney; investigator employed in the office of a district 56 attorney; or other law enforcement official.A. 3816 16 1 § 33. Paragraph 2 of subdivision (a) of section 1212-A of the tax law, 2 as amended by chapter 200 of the laws of 2009, is amended to read as 3 follows: 4 (2) a tax, at the same uniform rate, but at a rate not to exceed four 5 and one-half per centum, in multiples of one-half of one per centum, on 6 the receipts from every sale of the following services: beauty, barber- 7 ing, hair restoring, manicuring, pedicuring, electrolysis, massage 8 services and similar services, and every sale of services by weight 9 control salons, health salons, gymnasiums, turkish and sauna bath and 10 similar establishments and every charge for the use of such facilities, 11 whether or not any tangible personal property is transferred in conjunc- 12 tion therewith; but excluding services rendered by a physician, osteo- 13 path, dentist, nurse, physiotherapist, chiropractor, [podiatrist] podia- 14 tric physician, optometrist, ophthalmic dispenser or a person performing 15 similar services licensed under title VIII of the education law, as 16 amended, and excluding such services when performed on pets and other 17 animals. 18 § 34. Subdivision 4 of section 404-a of the vehicle and traffic law, 19 as amended by chapter 686 of the laws of 1994, the opening paragraph and 20 paragraph (c) as amended by chapter 277 of the laws of 2012, is amended 21 to read as follows: 22 4. Issue of plates. The commissioner shall issue sets of plates to 23 such person in accordance with subdivision two of this section with 24 proof of such disability of such person or such members of his or her 25 family certified by a physician, physician assistant or nurse practi- 26 tioner, to the extent authorized by law, including the education law, 27 and consistent with any applicable written practice agreement, or 28 [podiatrist] podiatric physician pursuant to subdivision four-a of this 29 section or optometrist pursuant to subdivision four-b of this section, 30 to the satisfaction of the commissioner who is empowered to carry out 31 the effects of this section by formulating rules and regulations. 32 For the purposes of this section, a "severely disabled person" shall 33 mean any person having any one or more of the following impairments, 34 disabilities or conditions which are permanent in nature: 35 (a) Has limited or no use of one or both lower limbs; 36 (b) Has a neuro-muscular dysfunction which severely limits mobility; 37 (c) Has a physical or mental impairment or condition which is other 38 than those specified above, but is of such nature as to impose unusual 39 hardship in utilization of public transportation facilities and such 40 condition is certified by a physician, physician assistant or nurse 41 practitioner, to the extent authorized by law, including the education 42 law, and consistent with any applicable written practice agreement, duly 43 licensed to practice medicine in this state, or, pursuant to subdivision 44 four-a of this section, a [podiatrist] podiatric physician duly licensed 45 to practice podiatry in this state or, pursuant to subdivision four-b of 46 this section, an optometrist duly licensed to practice optometry in this 47 state, as constituting an equal degree of disability (specifying the 48 particular condition) so as to prevent such person from getting around 49 without great difficulty in accordance with subdivision two of this 50 section; or 51 (d) A blind person. 52 § 35. Subdivision 4-a of section 404-a of the vehicle and traffic law, 53 as added by chapter 686 of the laws of 1994, is amended to read as 54 follows: 55 4-a. Certification of disability by a [podiatrist] podiatric 56 physician. A [podiatrist] podiatric physician duly licensed to practiceA. 3816 17 1 podiatry in this state may certify only those conditions which he or she 2 treats in the course of the practice of podiatry, as defined by section 3 [seventy hundred] seven thousand one of the education law. 4 § 36. Paragraph (b) of subdivision 5 of section 404-a of the vehicle 5 and traffic law, as amended by chapter 277 of the laws of 2012, is 6 amended to read as follows: 7 (b) The commissioner may require the applicant for registration to 8 furnish such proof of his or her disability or such proof of disability 9 of such members of his or her family from a physician, physician assist- 10 ant or nurse practitioner, to the extent authorized by law, including 11 the education law, and consistent with any applicable written practice 12 agreement, or [podiatrist] podiatric physician pursuant to subdivision 13 four-a of this section or optometrist pursuant to subdivision four-b of 14 this section, as the commissioner deems necessary either for initial 15 registration or renewal thereof; provided, however, that a handicapped 16 or disabled permit issued by a municipality to such applicant pursuant 17 to section twelve hundred three-a of this chapter shall be deemed suffi- 18 cient proof of disability for purposes of this paragraph. 19 § 37. Subdivision (c) of section 1204 of the limited liability company 20 law is amended to read as follows: 21 (c) Each report, diagnosis, prognosis and prescription made or issued 22 by a professional service limited liability company practicing medicine, 23 dentistry, podiatry, optometry, ophthalmic dispensing, veterinary medi- 24 cine, pharmacy, nursing, psychology, physical therapy or chiropractic 25 shall bear the signature of one or more physicians, dentists, [podia-26trists] podiatric physicians, optometrists, ophthalmic dispensers, 27 veterinarians, pharmacists, nurses, licensed psychologists, physical 28 therapists or chiropractors, respectively, who are in responsible charge 29 of such report, diagnosis, prognosis or prescription. 30 § 38. Subdivision (c) of section 1302 of the limited liability company 31 law is amended to read as follows: 32 (c) Each report, diagnosis, prognosis and prescription made or issued 33 by a foreign professional service limited liability company practicing 34 medicine, dentistry, podiatry, optometry, ophthalmic dispensing, veteri- 35 nary medicine, pharmacy, nursing, psychology, physical therapy or 36 chiropractic shall bear the signature of one or more physicians, 37 dentists, [podiatrists] podiatric physicians, optometrists, ophthalmic 38 dispensers, veterinarians, pharmacists, nurses, licensed psychologists, 39 physical therapists or chiropractors, respectively, who are in responsi- 40 ble charge of such report, diagnosis, prognosis or prescription. 41 § 39. Subdivision 48 of section 1.03 of the mental hygiene law, as 42 added by chapter 223 of the laws of 1992, is amended to read as follows: 43 48. "Practitioner" shall mean a physician, dentist, [podiatrist] 44 podiatric physician, veterinarian, scientific investigator, or other 45 person licensed, or otherwise permitted to dispense, administer or 46 conduct research with respect to a controlled substance in the course of 47 a licensed professional practice or research licensed pursuant to this 48 article. Such person shall be deemed a "practitioner" only as to such 49 substances, or conduct relating to such substances, as is permitted by 50 his license, permit or otherwise permitted by law. 51 § 40. Section 50-d of the general municipal law, as amended by chapter 52 82 of the laws of 1963 and subdivision 3 as added by chapter 673 of the 53 laws of 1979, is amended to read as follows: 54 § 50-d. Municipal liability for malpractice of certain physicians, 55 resident physicians, internes, dentists, [podiatrists] podiatric physi- 56 cians and optometrists in public institutions. 1. Notwithstanding anyA. 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-23ter] article. Every such action shall be commenced pursuant to the 24 provisions of section fifty-i of this [chapter] article. 25 3. The provisions of this section shall not apply to the city of New 26 York. 27 § 41. Paragraph 2 of subsection (i) of section 3216 of the insurance 28 law is amended to read as follows: 29 (2) If a policy provides for reimbursement for any podiatrical service 30 within the lawful scope of practice of a licensed [podiatrist] podiatric 31 physician, the insured shall be entitled to reimbursement for such 32 service whether it is performed by a physician or licensed [podiatrist] 33 podiatric physician. 34 § 42. Subparagraph (B) of paragraph 4 of subsection (f) of section 35 4235 of the insurance law is amended to read as follows: 36 (B) any podiatrical service which is within the lawful scope of prac- 37 tice of a licensed [podiatrist] podiatric physician, a subscriber to 38 such policy shall be entitled to reimbursement for such service, whether 39 the said service is performed by a physician or licensed [podiatrist] 40 podiatric physician and when such policy or any certificate issued ther- 41 eunder is delivered or issued for delivery without this state by an 42 authorized insurer, covered persons residing in this state shall be 43 entitled to reimbursement for podiatric services as herein provided; 44 § 43. Subparagraph (D) of paragraph 1 of subsection (b) of section 45 4301 of the insurance law is amended to read as follows: 46 (D) podiatrical care provided through licensed [podiatrists] podiatric 47 physicians, 48 § 44. Paragraph 3 of subsection (b) of section 4301 of the insurance 49 law, as amended by chapter 593 of the laws of 2000, is amended to read 50 as follows: 51 (3) Every medical expense indemnity corporation shall be open to the 52 participation of licensed physicians, [podiatrists,] podiatric physi- 53 cians, chiropractors, optometrists, physical and occupational thera- 54 pists, speech-language pathologists, audiologists, and dentists, certi- 55 fied and registered psychologists without discrimination against schools 56 of medical practice, podiatry practice, chiropractic practice, optome-A. 3816 19 1 tric practice, physical and occupational therapy practice, dental prac- 2 tice, speech-language pathology practice (subject to the permitted limi- 3 tations of paragraph one of this subsection), audiology practice 4 (subject to the permitted limitations of paragraph one of this 5 subsection), and psychological training as defined in the education law. 6 § 45. Subsection (b) of section 5501 of the insurance law, as amended 7 by chapter 522 of the laws of 1987, is amended to read as follows: 8 (b) "Medical malpractice insurance" means insurance against legal 9 liability of the insured, and against loss, damage, or expense incident 10 to a claim of such liability arising out of the death or injury of any 11 person due to medical, dental, podiatric, certified nurse-midwifery or 12 hospital malpractice by any licensed physician, dentist, [podiatrist] 13 podiatric physician, certified nurse-midwife, certified registered nurse 14 anesthetist or hospital. 15 § 46. Subsection (d) of section 5502 of the insurance law, as amended 16 by chapter 147 of the laws of 2000, is amended to read as follows: 17 (d) Upon dissolution, the association shall not resume underwriting 18 operations for physicians, dentists, [podiatrists] podiatric physicians, 19 certified nurse-midwives, certified registered nurse anesthetists or for 20 hospitals respectively, until the superintendent, after consultation 21 with the commissioner of health, has determined that medical malpractice 22 insurance is not readily available for physicians, dentists, [podia-23trists] podiatric physicians, certified nurse-midwives, certified regis- 24 tered nurse anesthetists or for hospitals, as the case may be, in the 25 voluntary market and has approved or promulgated a new plan of opera- 26 tion. If the superintendent determines during such period that insurance 27 is readily available for physicians, dentists, [podiatrists] podiatric 28 physicians, certified nurse-midwives, certified registered nurse anesth- 29 etists or for hospitals, as the case may be, in the voluntary market, 30 the superintendent shall not authorize its underwriting operations for 31 the respective categories. 32 § 47. Paragraph 1 of subsection (e) of section 5502 of the insurance 33 law, as amended by chapter 510 of the laws of 1988, is amended to read 34 as follows: 35 (1) To issue, or to cause to be issued, policies of insurance to 36 physician, dentist and [podiatrist] podiatric physician applicants 37 subject to primary limits specified in the plan of operation not in 38 excess of one million dollars for each claimant under one policy and 39 three million dollars for all claimants under one policy in any one 40 year, and excess coverage as provided in this paragraph. Each applicant 41 shall be entitled to purchase a policy providing primary limits not to 42 exceed one million dollars for each claimant and three million dollars 43 for all claimants in any one year. In addition, any applicant insured by 44 the association in an amount equal to or greater than one million 45 dollars for each claimant and three million dollars for all claimants 46 in any one year, or any other applicant covered under a policy or poli- 47 cies providing such primary levels of insurance against liability for 48 medical, dental or podiatric malpractice that is issued by an author- 49 ized insurer, shall be entitled to purchase a policy from the associ- 50 ation providing excess coverage of at least one million dollars per 51 claimant and three million dollars for all claimants in any one year. 52 The association shall, subject to the approval of the superintendent, 53 make available, and if requested by the applicant, provide additional 54 excess coverage in an amount requested by such applicant. With respect 55 to the coverage required to be made available on and after July first, 56 nineteen hundred eighty-five by this paragraph, the superintendent shallA. 3816 20 1 establish and promulgate rates to be charged for such excess coverage 2 and additional excess coverage and shall require that the association 3 accept payment for such coverage from the hospital excess liability 4 pool pursuant to a payment schedule that is consistent with the receipt 5 of funds by such pool from the hospital reimbursement system. Rates for 6 excess coverage and additional excess coverage shall not be subject to 7 the stabilization reserve fund charge established by section five thou- 8 sand five hundred nine of this article. 9 § 48. Subsection (c) of section 5505 of the insurance law, as amended 10 by chapter 522 of the laws of 1987, is amended to read as follows: 11 (c) The association's rates, rating plans, rating rules and rating 12 classifications may provide for premium discounts for physicians, 13 dentists, certified nurse-midwives, certified registered nurse anesthe- 14 tists or [podiatrists] podiatric physicians commencing practice or 15 conducting a limited practice as set forth in the plan of operation. 16 § 49. Subsection (a) of section 5506 of the insurance law, as amended 17 by chapter 522 of the laws of 1987, is amended to read as follows: 18 (a) Any licensed physician, dentist, [podiatrist] podiatric physician, 19 certified nurse-midwife, certified registered nurse anesthetist or 20 hospital is entitled to apply to the association for coverage pursuant 21 to this article. Application may be made directly to the association by 22 the applicant, in which event no service fee shall be charged. If the 23 applicant authorizes a broker or agent to make the application, the only 24 charge for such service shall be a service fee as limited by the plan of 25 operation and in compliance with the procedure established in 26 subsections (c) and (d) of section two thousand one hundred nineteen of 27 this chapter. 28 § 50. Paragraph (c) of section 1504 of the business corporation law, 29 as added by chapter 974 of the laws of 1970, is amended to read as 30 follows: 31 (c) Each report, diagnosis, prognosis, and prescription made or issued 32 by a corporation practicing medicine, dentistry, podiatry, optometry, 33 ophthalmic dispensing, veterinary medicine, pharmacy, nursing, physioth- 34 erapy or chiropractic shall bear the signature of one or more physi- 35 cians, dentists, [podiatrists] podiatric physicians, optometrists, 36 ophthalmic dispensers, veterinarians, pharmacists, nurses, physiothera- 37 pists, or chiropractors, respectively, who are in responsible charge of 38 such report, diagnosis, prognosis, or prescription. 39 § 51. Paragraph (c) of section 1526 of the business corporation law, 40 as added by chapter 505 of the laws of 1983, is amended to read as 41 follows: 42 (c) Each report, diagnosis, prognosis, and prescription made or issued 43 by a foreign professional service corporation practicing medicine, 44 dentistry, podiatry, optometry, ophthalmic dispensing, veterinary medi- 45 cine, pharmacy, nursing, physiotherapy or chiropractic shall bear the 46 signature of one or more physicians, dentists, [podiatrists] podiatric 47 physicians, optometrists, ophthalmic dispensers, veterinarians, pharma- 48 cists, nurses, physiotherapists, or chiropractors, respectively, who are 49 in responsible charge of such report, diagnosis, prognosis, or 50 prescription. 51 § 52. Paragraphs 1 and 3 of subdivision (a) and subdivision (e) of 52 section 3012-a of the civil practice law and rules, as amended by chap- 53 ter 507 of the laws of 1987, are amended to read as follows: 54 (1) the attorney has reviewed the facts of the case and has consulted 55 with at least one physician in medical malpractice actions, at least one 56 dentist in dental malpractice actions or at least one [podiatrist]A. 3816 21 1 podiatric physician in podiatric malpractice actions who is licensed to 2 practice in this state or any other state and who the attorney reason- 3 ably believes is knowledgeable in the relevant issues involved in the 4 particular action, and that the attorney has concluded on the basis of 5 such review and consultation that there is a reasonable basis for the 6 commencement of such action; or 7 (3) the attorney was unable to obtain the consultation required by 8 paragraph one of this subdivision because the attorney had made three 9 separate good faith attempts with three separate physicians, dentists or 10 [podiatrists] podiatric physicians, in accordance with the provisions of 11 paragraph one of this subdivision to obtain such consultation and none 12 of those contacted would agree to such a consultation. 13 (e) For purposes of this section, and subject to the provisions of 14 section thirty-one hundred one of this chapter, an attorney who submits 15 a certificate as required by paragraph one or two of subdivision (a) of 16 this section and the physician, dentist or [podiatrist] podiatric physi- 17 cian with whom the attorney consulted shall not be required to disclose 18 the identity of the physician, dentist or [podiatrist] podiatric physi- 19 cian consulted and the contents of such consultation; provided, however, 20 that when the attorney makes a claim under paragraph three of subdivi- 21 sion (a) of this section that he was unable to obtain the required 22 consultation with the physician, dentist or [podiatrist] podiatric 23 physician, the court may, upon the request of a defendant made prior to 24 compliance by the plaintiff with the provisions of section thirty-one 25 hundred one of this chapter, require the attorney to divulge to the 26 court the names of physicians, dentists or [podiatrists] podiatric 27 physicians refusing such consultation. 28 § 53. The section heading and subdivision (b) of section 4504 of the 29 civil practice law and rules, as amended by chapter 457 of the laws of 30 1991, are amended to read as follows: 31 Physician, dentist, [podiatrist] podiatric physician, chiropractor and 32 nurse. 33 (b) Identification by dentist; crime committed against patient under 34 sixteen. A dentist shall be required to disclose information necessary 35 for identification of a patient. A physician, dentist, [podiatrist] 36 podiatric physician, chiropractor or nurse shall be required to disclose 37 information indicating that a patient who is under the age of sixteen 38 years has been the victim of a crime. 39 § 54. The opening paragraph of section 396-d of the county law, as 40 added by chapter 1005 of the laws of 1969, is amended to read as 41 follows: 42 Whenever a medical assistance clinic has been established as provided 43 in this article, all medical assistance pursuant to title two of article 44 five of the social services law may be given at such clinic under the 45 supervision of the head of such clinic to those eligible persons elect- 46 ing to utilize the facilities of such clinic. The services of qualified 47 physicians, dentists, nurses, optometrists, [podiatrists] podiatric 48 physicians and other related professional personnel shall be made avail- 49 able at such clinic. 50 § 55. Subparagraph (iii) of paragraph (d) of subdivision 3 of section 51 13-c of the workers' compensation law, as added by chapter 803 of the 52 laws of 1983, is amended to read as follows: 53 (iii) When physical therapy care is required it shall be rendered by a 54 duly licensed physical therapist upon the referral which may be direc- 55 tive as to treatment of an authorized physician or [podiatrist] podia- 56 tric physician within the scope of such physical therapist's specializedA. 3816 22 1 training and qualifications as defined in article one hundred thirty-six 2 of the education law. Reports of such treatment and records of instruc- 3 tion for treatment, if any, shall be maintained by the physical thera- 4 pist and referring professional and submitted to the chairman on such 5 forms and at such times as the chairman may require. 6 § 56. Subparagraph (iii) of paragraph (d) of subdivision 4 of section 7 13-c of the workers' compensation law, as added by chapter 362 of the 8 laws of 1986, is amended to read as follows: 9 (iii) When physical therapy care is required it shall be rendered by a 10 duly licensed physical therapist upon the referral which may be direc- 11 tive as to treatment of an authorized physician or [podiatrist] podia- 12 tric physician within the scope of such physical therapist's specialized 13 training and qualifications as defined in article one hundred thirty-six 14 of the education law. Reports of such treatment and records of instruc- 15 tion for treatment, if any, shall be maintained by the physical thera- 16 pist and referring professional and submitted to the [chairman of] chair 17 on such forms and at such times as the [chairman] chair may require. 18 § 57. The opening paragraph of subdivision 1 and subdivision 5 of 19 section 13-g of the workers' compensation law, the opening paragraph of 20 subdivision 1 as amended by chapter 674 of the laws of 1994 and subdivi- 21 sion 5 as amended by chapter 578 of the laws of 1959, are amended to 22 read as follows: 23 Within forty-five days after a bill has been rendered to the employer 24 by the hospital, physician or self-employed physical or occupational 25 therapist who has rendered treatment pursuant to a referral from the 26 injured employee's authorized physician or authorized [podiatrist] 27 podiatric physician for treatment to the injured employee, such employer 28 must pay the bill or notify the hospital, physician or self-employed 29 physical or occupational therapist in writing that the bill is not being 30 paid and explain the reasons for non-payment. In the event that the 31 employer fails to make payment or notify the hospital, physician or 32 self-employed physical or occupational therapist within such forty-five 33 day period that payment is not being made, the hospital, physician, 34 self-employed physical therapist or self-employed occupational therapist 35 may notify the chair in writing that the bill has not been paid and 36 request that the board make an award for payment of such bill. The board 37 or the chair may make an award not in excess of the established fee 38 schedules for any such bill or part thereof which remains unpaid after 39 said forty-five day period or thirty days after all other questions duly 40 and timely raised in accordance with the provisions of this chapter, 41 relating to the employer's liability for the payment of such amount, 42 shall have been finally determined adversely to the employer, whichever 43 is later, in accordance with rules promulgated by the chair, and such 44 award may be collected in like manner as an award of compensation. The 45 chair shall assess the sum of fifty dollars against the employer for 46 each such award made by the board, which sum shall be paid into the 47 state treasury. 48 (5) In claims where the employer has failed to secure compensation to 49 his employees as required by section fifty of this chapter, the board 50 may make an award for the value of medical and podiatry services or 51 treatment rendered to such employees, in accordance with the schedules 52 of fees and charges prepared and established under the provisions of 53 [section thirteen,] subdivision [a] (a) of section thirteen, and 54 [section thirteen-k,] subdivision two[,] of section thirteen-k of this 55 [chapter] article, and for the reasonable value of hospital care in 56 accordance with the charges currently in force in hospitals in the sameA. 3816 23 1 community for cases coming within the provisions of this chapter. Such 2 award shall be made to the physician, [podiatrist] podiatric physician, 3 or hospital entitled thereto. A default in the payment of such award may 4 be enforced in the manner provided for the enforcement of compensation 5 awards as set forth in section twenty-six of this [chapter] article. 6 In all cases coming under this subdivision the payment of the claim of 7 the physician, [podiatrist] podiatric physician, or hospital for 8 medical, podiatry, or surgical services or treatment shall be subordi- 9 nate to that of the claimant or his beneficiaries. 10 § 58. Section 13-k of the workers' compensation law, as added by chap- 11 ter 787 of the laws of 1952, subdivisions 2, 3 and 10 as amended by 12 chapter 473 of the laws of 2000, subdivision 5 as amended by chapter 539 13 of the laws of 1964, subdivision 6 as amended by section 5 of part GG of 14 chapter 57 of the laws of 2013, subdivision 12 as amended by chapter 498 15 of the laws of 1982 and subdivision 13 as added by chapter 803 of the 16 laws of 1983, is amended to read as follows: 17 § 13-k. Care and treatment of injured employees by duly licensed 18 [podiatrists] podiatric physicians. 1. When the term "chairman" is 19 [hereinafter] used in this section, it shall be deemed to mean the 20 chairman of the [workmen's] workers' compensation board of the state of 21 New York. 22 2. An employee injured under circumstances which make such injury 23 compensable under this article, when care is required for an injury to 24 the foot which injury or resultant condition therefrom may lawfully be 25 treated by a duly registered and licensed [podiatrist] podiatric physi- 26 cian of the state of New York, may select to treat him or her any 27 [podiatrist] podiatric physician authorized by the chair to render 28 podiatry care, as hereinafter provided. If the injury or condition is 29 one which is without the limits prescribed by the education law for 30 podiatry care and treatment, or the injuries involved affect other parts 31 of the body in addition to the foot, the said [podiatrist] podiatric 32 physician must so advise the said injured employee and instruct him or 33 her to consult a physician of said employee's choice for appropriate 34 care and treatment. Such physician shall thenceforth have overall super- 35 vision of the treatment of said patient including the future treatment 36 to be administered to the patient by the [podiatrist] podiatric physi- 37 cian. If for any reason during the period when podiatry treatment and 38 care is required, the employee wishes to transfer his or her treatment 39 and care to another authorized [podiatrist] podiatric physician he or 40 she may do so, in accordance with rules prescribed by the chair, 41 provided however that the employer shall be liable for the proper fees 42 of the original [podiatrist] podiatric physician for the care and treat- 43 ment he or she shall have rendered. A [podiatrist] podiatric physician 44 licensed and registered to practice podiatry in the state of New York 45 who is desirous of being authorized to render podiatry care under this 46 section and/or to conduct independent medical examinations in accordance 47 with paragraph (b) of subdivision three of this section shall file an 48 application for authorization under this section with the podiatry prac- 49 tice committee. In such application he or she shall agree to refrain 50 from subsequently treating for remuneration, as a private patient, any 51 person seeking podiatry treatment, or submitting to an independent 52 medical examination, in connection with, or as a result of, any injury 53 compensable under this chapter, if he or she has been removed from the 54 list of [podiatrists] podiatric physicians authorized to render podiatry 55 care or to conduct independent medical examinations under this chapter, 56 or if the person seeking such treatment has been transferred from his orA. 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-12trist] 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-41men'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-48trists] 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 beA. 3816 27 1 employed by or accept or participate in any fee from any insurance 2 company authorized to write [workmen's] workers' compensation insurance 3 in this state or from any self-insurer, whether such employment or fee 4 relates to a [workmen's] workers' compensation claim or otherwise. The 5 attorney general, upon request, shall advise and assist such committee. 6 10. The podiatry practice committee shall investigate, hear and make 7 findings with respect to all charges as to professional or other miscon- 8 duct of any authorized [podiatrist] podiatric physician as herein 9 provided under rules and procedures to be prescribed by the chair and 10 shall report evidence of such misconduct, with their findings and recom- 11 mendation with respect thereto, to the chair. The findings, decision and 12 recommendation of such podiatry practice committee shall be advisory to 13 the chair only, and shall not be binding or conclusive upon him or her. 14 The chair shall remove from the list of [podiatrists] podiatric physi- 15 cians authorized to render podiatry care under this chapter or to 16 conduct independent medical examinations in accordance with paragraph 17 (b) of subdivision three of this section the name of any [podiatrist] 18 podiatric physician who he or she shall find after reasonable investi- 19 gation is disqualified because such [podiatrist] podiatric physician 20 (a) has been guilty of professional or other misconduct or incompeten- 21 cy in connection with podiatry services rendered under the law; or 22 (b) has exceeded the limits of his or her professional competence in 23 rendering podiatry care under the law, or has made materially false 24 statements regarding his or her qualifications in his or her application 25 for authorization; or 26 (c) has failed to submit timely, full and truthful podiatry reports of 27 all his or her findings to the employer and directly to the chair or the 28 board within the time limits provided in this section; or 29 (d) has knowingly made a false statement or presentation as to a mate- 30 rial fact in any medical report made pursuant to this chapter or in 31 testifying or otherwise providing information for the purposes of this 32 chapter; or 33 (e) has solicited or has employed another to solicit for himself or 34 herself or for another professional treatment, examination or care of an 35 injured employee with any claim under this chapter; or 36 (f) has refused to appear before, to testify, to submit to a deposi- 37 tion, or to answer upon request of, the chair, board, podiatry practice 38 committee or any duly authorized officer of the state, any legal ques- 39 tion or produce any relevant book or paper concerning his or her conduct 40 under an authorization granted to him or her under the law[,]; or 41 (g) has directly or indirectly requested, received or participated in 42 the division, transference, assignment, rebating, splitting or refunding 43 of a fee for, or has directly or indirectly requested, received or prof- 44 ited by means of a credit or other valuable consideration as a commis- 45 sion, discount or gratuity in connection with the treatment, or inde- 46 pendent medical examination, of a workers' compensation claimant. 47 Nothing contained in this paragraph shall prohibit such [podiatrists] 48 podiatric physicians who practice as partners, in groups or as a profes- 49 sional corporation from pooling fees and moneys received, either by the 50 partnership, professional corporation or group by the individual members 51 thereof, for professional services furnished by any individual profes- 52 sional member, or employee of such partnership, corporation or group, 53 nor shall the professionals constituting the partnership, corporation, 54 or group be prohibited from sharing, dividing or apportioning the fees 55 and moneys received by them or by the partnership, corporation or group 56 in accordance with a partnership or other agreement.A. 3816 28 1 11. Any person who violates or attempts to violate, and any person who 2 aids another to violate or attempts to induce him to violate the 3 provisions of paragraph [g] (g) of subdivision ten of this section shall 4 be guilty of a misdemeanor. 5 12. Nothing in this section shall be construed as limiting in any 6 respect the power or duty of the chairman to investigate instances of 7 misconduct, either before or after investigation by the podiatry prac- 8 tice committee or to temporarily suspend the authorization of any 9 [podiatrist] podiatric physician that he may believe to be guilty of 10 such misconduct. The provisions of subdivision one of section thir- 11 teen-d of this article which are not inconsistent with the provisions of 12 this section shall be applicable as fully as if set forth herein. 13 13. Upon the referral which may be directive as to treatment of an 14 authorized [podiatrist] podiatric physician physical therapy care may be 15 rendered by a duly licensed physical therapist. 16 § 59. Paragraph (a) of subdivision 3 of section 137 of the workers' 17 compensation law, as added by chapter 473 of the laws of 2000, is 18 amended to read as follows: 19 (a) Only a New York state licensed and board certified physician, 20 surgeon, [podiatrist] podiatric physician or any other person authorized 21 to examine or evaluate injury or illness by the board shall perform such 22 independent medical examination. Where a claimant resides out of state a 23 practitioner qualified to examine or evaluate injury or illness by the 24 board shall perform such independent medical examination. 25 § 60. Section 141 of the workers' compensation law, as amended by 26 chapter 6 of the laws of 2007, is amended to read as follows: 27 § 141. General powers and duties of the chair. The chair shall be the 28 administrative head of the [workers' compensation] board and shall exer- 29 cise the powers and perform the duties in relation to the administration 30 of this chapter heretofore vested in the commissioner of labor by chap- 31 ter fifty of the laws of nineteen hundred twenty-one, and acts amendato- 32 ry thereof, and by this chapter [excepting], with the exception of arti- 33 cle six [thereof] of this chapter, and except in so far as such powers 34 and duties are vested by this chapter in the [workers' compensation] 35 board. The chair shall preside at all meetings of the board and shall 36 appoint all committees and panels of the board; shall designate the 37 times and places for the hearing of claims under this chapter and shall 38 perform all administrative functions of the board as in this chapter set 39 forth. The chair, in the name of the board, shall enforce all the 40 provisions of this chapter, and may make administrative regulations and 41 orders providing for the receipt, indexing and examining of all notices, 42 claims and reports, for the giving of notice of hearings and of deci- 43 sions, for certifying of records, for the fixing of the times and places 44 for the hearing of claims, and for providing for the conduct of hearings 45 and establishing of calendar practice to the extent not inconsistent 46 with the rules of the board. The chair shall issue and may revoke 47 certificates of authorization of physicians, chiropractors and [podia-48trists] podiatric physicians as provided in sections thirteen-a, thir- 49 teen-k and thirteen-1 of this chapter, and licenses for medical bureaus 50 and x-ray and other laboratories under the provisions of section thir- 51 teen-c of this chapter, issue stop work orders as provided in section 52 one hundred forty-one-a of this article, and shall have and exercise all 53 powers not otherwise provided for herein in relation to the adminis- 54 tration of this chapter heretofore expressly conferred upon the commis- 55 sioner of labor by any of the provisions of this chapter, or of the 56 labor law. The chair, on behalf of the [workers' compensation] board,A. 3816 29 1 shall enter into the agreement provided for in section one hundred 2 seventy-one-h of the tax law, and shall take such other actions as may 3 be necessary to carry out the agreement provided for in such section for 4 matching beneficiary records of workers' compensation with information 5 provided by employers to the state directory of new hires for the 6 purposes of verifying eligibility for such benefits and for administer- 7 ing workers' compensation. 8 § 61. Subdivision 2 of section 205 of the workers' compensation law, 9 as amended by chapter 270 of the laws of 1990, is amended to read as 10 follows: 11 2. for any period of disability during which an employee is not under 12 the care of a duly licensed physician or with respect to disability 13 resulting from a condition of the foot which may lawfully be treated by 14 a duly registered and licensed [podiatrist] podiatric physician of the 15 state of New York or with respect to a disability resulting from a 16 condition which may lawfully be treated by a duly registered and 17 licensed chiropractor of the state of New York or with respect to a 18 disability resulting from a condition which may lawfully be treated by a 19 duly licensed dentist of the state of New York or with respect to a 20 disability resulting from a condition which may lawfully be treated by a 21 duly registered and licensed psychologist of the state of New York or 22 with respect to a disability resulting from a condition which may 23 lawfully be treated by a duly certified nurse midwife, for any period of 24 such disability during which an employee is neither under the care of a 25 physician nor a [podiatrist] podiatric physician, nor a chiropractor, 26 nor a dentist, nor a psychologist, nor a certified nurse midwife; and 27 for any period of disability during which an employee who adheres to the 28 faith or teachings of any church or denomination and who in accordance 29 with its creed, tenets or principles depends for healing upon prayer 30 through spiritual means alone in the practice of religion, is not under 31 the care of a practitioner duly accredited by the church or denomi- 32 nation, and provided such employee shall submit to all physical examina- 33 tions as required by this chapter. 34 § 62. Subdivision 1 of section 213 of the workers' compensation law, 35 as amended by chapter 784 of the laws of 1980, is amended to read as 36 follows: 37 1. Whenever a covered employer does not comply with this article by 38 providing for the payment of disability benefits to his employees in one 39 or more of the ways provided in section two hundred eleven of this arti- 40 cle or whenever a carrier fails to pay the benefits required by this 41 article to employees of a covered employer, then such employer shall be 42 fully and directly liable to each of his employees for the payment of 43 benefits provided by this article. The amount of the benefits to which 44 employees of such employers are entitled under this article and attend- 45 ance fees of their attending physicians or attending [podiatrists] 46 podiatric physicians fixed pursuant to [subdivision two of] section two 47 hundred thirty-two of this article shall, on order of the chairman, be 48 paid out of the fund established under section two hundred fourteen of 49 this article. In case of non-compliance of the employer, such employer 50 shall forthwith pay to the chairman, for credit to the fund, the sum so 51 expended or one per cent of his payroll for his employees in employment 52 during the period of non-compliance, whichever is greater; provided, 53 however, that if it shall appear to the satisfaction of the chairman 54 that the default in payment of benefits or the non-compliance of the 55 employer otherwise with his obligation under this article was inadvert- 56 ent, the chairman may fix the sum payable in such case for non-compli-A. 3816 30 1 ance or default at the amount paid out of the fund and a sum less than 2 one per cent of such payroll, and in addition the penalties for non-com- 3 pliance imposed under this article. In case of failure of the carrier to 4 pay benefits, the employer shall forthwith pay to the chairman, for 5 credit to the fund, the sum so expended. 6 § 63. Subdivisions 1, 2 and 3 of section 217 of the workers' compen- 7 sation law, subdivision 1 as amended by chapter 167 of the laws of 1999 8 and subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990, 9 are amended to read as follows: 10 1. Written notice and proof of disability shall be furnished to the 11 employer by or on behalf of the employee claiming benefits or, in the 12 case of a claimant under section two hundred seven of this article, to 13 the chair, within thirty days after commencement of the period of disa- 14 bility. Additional proof shall be furnished thereafter from time to time 15 as the employer or carrier or chair may require but not more often than 16 once each week. Such proof shall include a statement of disability by 17 the employee's attending physician or attending [podiatrist] podiatric 18 physician or attending chiropractor or attending dentist or attending 19 psychologist or attending certified nurse midwife, or in the case of an 20 employee who adheres to the faith or teachings of any church or denomi- 21 nation, and who in accordance with its creed, tenets or principles 22 depends for healing upon prayer through spiritual means alone in the 23 practice of religion, by an accredited practitioner, containing facts 24 and opinions as to such disability in compliance with regulations of the 25 chair. Failure to furnish notice or proof within the time and in the 26 manner above provided shall not invalidate the claim but no benefits 27 shall be required to be paid for any period more than two weeks prior to 28 the date on which the required proof is furnished unless it shall be 29 shown to the satisfaction of the chair not to have been reasonably 30 possible to furnish such notice or proof and that such notice or proof 31 was furnished as soon as possible; provided, however, that no benefits 32 shall be paid unless the required proof of disability is furnished with- 33 in twenty-six weeks after commencement of the period of disability. No 34 limitation of time provided in this section shall run as against any 35 person who is mentally incompetent, or physically incapable of providing 36 such notice as a result of a serious medical condition, or a minor so 37 long as such person has no guardian of the person and/or property. 38 2. An employee claiming benefits shall, as requested by the employer 39 or carrier, submit himself or herself at intervals, but not more than 40 once a week, for examination by a physician or [podiatrist] podiatric 41 physician or chiropractor or dentist or psychologist or certified nurse 42 midwife designated by the employer or carrier. All such examinations 43 shall be without cost to the employee and shall be held at a reasonable 44 time and place. 45 3. The chair may direct the claimant to submit to examination by a 46 physician or [podiatrist] podiatric physician or chiropractor or dentist 47 or psychologist designated by him or her in any case in which the claim 48 to disability benefits is contested and in claims arising under section 49 two hundred seven of this article, and in other cases as the chair or 50 board may require. 51 § 64. Subdivision 5 of section 220 of the workers' compensation law, 52 as amended by chapter 940 of the laws of 1973, is amended to read as 53 follows: 54 5. In addition to other penalties herein provided, the chairman shall 55 remove from the list of physicians authorized to render medical care 56 under the provisions of articles one to eight, inclusive, of this chap-A. 3816 31 1 ter and from the list of [podiatrists] podiatric physicians authorized 2 to render podiatric care under section thirteen-k of this chapter, and 3 from the list of chiropractors authorized to render chiropractic care 4 under section thirteen-l of this chapter the name of any physician or 5 [podiatrist] podiatric physician or chiropractor whom he shall find, 6 after reasonable investigation, has submitted to the employer or carrier 7 or chairman in connection with any claim for disability benefits under 8 this article, a statement of disability that is not truthful and 9 complete. 10 § 65. The opening paragraph of section 221 of the workers' compen- 11 sation law, as separately amended by chapters 425 and 500 of the laws of 12 1985, is amended to read as follows: 13 Within twenty-six weeks of written notice of rejection of claim, the 14 employee may file with the chairman a notice that his or her claim for 15 disability benefits has not been paid, and the employee shall submit 16 proof of disability and of his or her employment, wages and other facts 17 reasonably necessary for determination of the employee's right to such 18 benefits. Failure to file such notice within the time provided, may be 19 excused by the chairman if it can be shown to the satisfaction of the 20 chairman not to have been reasonably possible to furnish such notice and 21 that such notice was furnished as soon as possible. On demand of the 22 chairman the employer or carrier shall forthwith deliver to the chairman 23 the original or a true copy of the attending physician's or attending 24 [podiatrist's] podiatric physician's or accredited practitioner's state- 25 ment, wage and employment data and all other papers in the possession of 26 the employer or carrier with respect to such claim. 27 § 66. Section 232 of the workers' compensation law, as amended by 28 chapter 270 of the laws of 1990, is amended to read as follows: 29 § 232. Fees of physicians, [podiatrists] podiatric physicians, chiro- 30 practors, dentists and psychologists. Whenever his or her attendance at 31 a hearing before the board or its referees is required, the attending 32 physician or attending [podiatrist] podiatric physician or attending 33 chiropractor or attending dentist or attending psychologist or attending 34 certified nurse midwife of the disabled employee, except such physicians 35 as are disqualified from testifying pursuant to subdivision one of 36 section thirteen-b, or section nineteen-a of this chapter, and except 37 such [podiatrists] podiatric physicians as are disqualified from testi- 38 fying under the provisions of section thirteen-k of this chapter, and 39 except such chiropractors as are disqualified from testifying under the 40 provisions of section thirteen-l of this chapter, and except such 41 psychologists as are disqualified from testifying under the provisions 42 of section thirteen-m of this chapter, shall be entitled to receive a 43 fee from the carrier or the fund established under section two hundred 44 fourteen of this article, in an amount as directed and fixed by the 45 board, or its referees, and such fee shall be in addition to any witness 46 fee. 47 § 67. This act shall take effect immediately; provided, however, that 48 section thirty-two of this act shall take effect on the same date and in 49 the same manner as section 1 of chapter 205 of the laws of 2014, takes 50 effect.