NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4391
SPONSOR: O'Donnell (MS) TITLE OF BILL: An act to amend the limited liability company law, the
business corporation law, the partnership law, the public health law and
the education law, in relation to allowing doctors of chiropractic
licensed under title VIII, article 132 of the education law to form
limited liability companies
PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the limited
liability company law, the business corporation law, the partnership
law, the public health law and the education law to allow doctors of
chiropractors duly licensed under Title VIII, Article 132 of the educa-
tion law to form partnerships with medical doctors.
SUMMARY OF SPECIFIC PROVISIONS: This legislation would amend § 1203
(a) and § 1207 (b) and § 1301 (a) of the limited liability law, 1503(a)
of the business corporation law, § 121-1500 (q) and § 121-1502 (q) of
the partnership law, § 2801 (1) of the public health law and § 6530 (19)
of the education law to allow chiropractors licensed under Title VIII,
Article 132 of the education law. The A-print makes technical changes to
reflect a chapter of the laws of 2013 enacted after the bill was intro-
duced.
JUSTIFICATION: This bill would authorize physicians and chiropractors
to form limited liability companies, professional corporations and part-
nerships with one another. In the last two decades, practice in and
among the health professions has changed. Artificial barriers in law
prohibiting multidisciplinary practices, known as "integrative medi-
cine," which prevents physicians and other providers, including comple-
mentary and alternative medicine (CAM) practitioners like chiropractors,
from co-owning a practice and collaborating and coordinating on patient
care are no longer valid and should not prevail.
While an integrative medical practice appears to be permissible on a
macro level, New York state law prohibits collaborative, multidiscipli-
nary practice ownership between physicians and chiropractors. In New
York, current law allows medical doctors to form business entities only
with other medical doctors. This law would not prevent this practice.
Instead, this law recognizes that as the nature of healthcare changes,
it is imperative that there be flexibility to allow chiropractors, who
are duly licensed, the ability to be a co-owner of a joint practice with
physicians.
Currently, if a doctor of chiropractic wants to establish a practice
with a medical doctor, the doctor of chiropractic must give up their
independent practice and become an employee of the medical doctor. This
limits the business making decisions of both providers and thus may
limit the ability of patients to receive the most effective and effi-
cient healthcare. In today's health care milieu, such artificial barri-
ers to business relationships which inhibit care coordination and
collaboration are no longer tenable.
Having multiple health care providers in the same practice creates ease
of access, care coordination and collaboration that can only benefit
patients. This saves the patient precious time and resources by allowing
patient access to multiple health care services in one location and
practice.
This legislation is designed to clarify that each provider can practice
only within their respective scope of practice and underscores that a
doctor of chiropractic would not and could not be in a position to make
medical decisions for the practice as a whole. Only the medical doctor
can make medical decisions. In addition, this legislation also makes
clear that a medical doctor cannot order or direct a chiropractor to
practice outside of his or her scope, even if supervised.
As the nature of health care continues to change, this legislation is
needed to allow practitioners to find ways to maintain healthy care
coordination and collaboration, and sustainable joint practices for the
benefit of patients.
PRIOR LEGISLATIVE HISTORY: A.5956-A in the 2013-2014 session.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the thirtieth days
after having become a law.
