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A04706 Summary:

BILL NOA04706C
 
SAME ASSAME AS S05860-C
 
SPONSORClark
 
COSPNSRLupardo, Simpson, Stirpe
 
MLTSPNSR
 
Rpld §6556, amd §§6551, 6552, 6553, 6554 & 6555, add §§6556 & 6557, Ed L
 
Expands the scope of chiropractic practice.
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A04706 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4706--C
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. CLARK, LUPARDO, SIMPSON -- read once and referred
          to  the  Committee  on  Higher Education -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Higher Education in accordance with Assembly Rule 3, sec.
          2  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the  education  law,  in  relation  to  modernizing  the
          chiropractic  scope  of  practice; and to repeal certain provisions of
          such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 6551 of the education law, as added by chapter 987
     2  of the laws of 1971, paragraphs a and b of subdivision 2 as  amended  by
     3  chapter 450 of the laws of 1983, and subdivision 3 as amended by chapter
     4  683 of the laws of 1991, is amended to read as follows:
     5    § 6551. Definition  of  practice of chiropractic.   1. The practice of
     6  the profession of chiropractic is defined as [detecting  and  correcting
     7  by  manual  or  mechanical  means  structural  imbalance, distortion, or
     8  subluxations in the human body for the purpose of removing nerve  inter-
     9  ference  and  the effects thereof, where such interference is the result
    10  of or related to distortion, misalignment or subluxation of  or  in  the
    11  vertebral  column. 2.] the examination, evaluation, diagnosis, detection
    12  and/or correction by manual, mechanical or other means, subluxations  in
    13  the  vertebral  column  and other articulations and the effects thereof;
    14  and/or the ability to treat soft tissue or neuromusculoskeletal dysfunc-
    15  tion for the restoration and maintenance of health.
    16    2. a. The practice of chiropractic includes  physical  and  functional
    17  examination  of  patients,  health  assessments,  analysis,  or  to give
    18  consultation, advice, recommendations and counseling regarding  anatomy,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05767-08-6

        A. 4706--C                          2
 
     1  physiology,  neurology, wellness and health optimization by any means of
     2  communication, the use of x-ray and  diagnostic  imaging  studies  using
     3  ionizing  and  non-ionizing  imaging  methods, adjustment, mobilization,
     4  manipulation, traction, and decompression, and other procedures consist-
     5  ing  of  but not limited to, heat, cold, light, air, water, sound, elec-
     6  tricity, massage, manual therapies, therapeutic exercise with or without
     7  assistive devices.  Chiropractors may use diagnostic clinical laboratory
     8  methods directly related to the diagnosis and monitoring of  neuromuscu-
     9  loskeletal conditions, including those assessing nutritional or metabol-
    10  ic  factors  that  impact  musculoskeletal  health,  as  approved by the
    11  department.
    12    b. Chiropractic examination, diagnostic and treatment methods may also
    13  include electrodiagnostic testing and manipulation under anesthesia when
    14  appropriate education standards have been met and  as  approved  by  the
    15  department as being appropriate to the practice of chiropractic.
    16    c.  The  practice  of the profession of chiropractic allows a licensed
    17  chiropractor who has successfully completed a registered doctoral, post-
    18  doctoral or continuing  education  certification  program  of  a  higher
    19  education credential by an accrediting agency, which contains courses of
    20  study  in wellness care methods, nutrition, and dietary advice satisfac-
    21  tory to the department; use of wellness care methods and the ability  to
    22  engage  in  nutritional  counseling  and  dietary  advice, including the
    23  dispensing of food concentrates, food  extracts,  nutraceuticals,  vita-
    24  mins,  minerals,  and  other  nutritional  supplements  approved  by the
    25  department as being appropriate to, and as a part of,  the  practice  of
    26  chiropractic,  as the above relates to the definition of the practice of
    27  chiropractic in subdivision one of this section.
    28    3. a.  A license to practice as a chiropractor shall permit a  chirop-
    29  ractic  practitioner  in  their  professional  discretion the ability to
    30  take, order and use x-ray and diagnostic imaging studies but  shall  not
    31  permit  the  holder  thereof  to use [radio-therapy, fluoroscopy, or any
    32  form of ionizing radiation except X-ray which  shall  be  used  for  the
    33  detection  of  structural  imbalance, distortion, or subluxations in the
    34  human body] ionizing radiation sources for the purposes of radiotherapy.
    35    b. The requirements and limitations with respect to the use of [X-ray]
    36  diagnostic imaging studies by chiropractors shall  be  enforced  by  the
    37  state  commissioner of health and [he] the commissioner is authorized to
    38  promulgate rules and  regulations  after  conferring  with  the  [board]
    39  department to carry out the purposes of this subdivision.
    40    c.  Chiropractors  shall retain for a period of three years all [X-ray
    41  films] diagnostic images taken in the course of their practice, together
    42  with the records pertaining thereto, and shall make such [films]  images
    43  and records available to the state commissioner of health or [his] their
    44  representative on demand.
    45    [3.]  4.  Chiropractors may use diagnostic clinical laboratory methods
    46  involving chemical  or  biological  means  which  particular  tests  and
    47  services shall be approved by the department as appropriate to the prac-
    48  tice of chiropractic as defined in this section.
    49    5.  A  license  to  practice  chiropractic shall not permit the holder
    50  thereof to treat for any infectious  diseases  such  as  pneumonia,  any
    51  communicable  diseases  listed  in the sanitary code of the state of New
    52  York, any of the cardio-vascular-renal or cardio-pulmonary diseases, any
    53  surgical condition [of  the  abdomen  such  as  acute  appendicitis,  or
    54  diabetes],  or  any benign or malignant neoplasms; to operate; to reduce
    55  fractures [or dislocations]; to prescribe, administer, dispense  or  use
    56  in  [his]  their  practice  drugs or medicines[; or to use diagnostic or

        A. 4706--C                          3

     1  therapeutic methods involving chemical or biological means except  diag-
     2  nostic  services performed by clinical laboratories which services shall
     3  be approved by the board as appropriate to the practice of chiropractic;
     4  or  to  utilize  electrical devices except those devices approved by the
     5  board as being appropriate to  the  practice  of  chiropractic.  Nothing
     6  herein  shall  be  construed to prohibit a licensed chiropractor who has
     7  successfully completed a registered doctoral  program  in  chiropractic,
     8  which contains courses of study in nutrition satisfactory to the depart-
     9  ment,  from  using  nutritional  counseling, including the dispensing of
    10  food concentrates, food extracts, vitamins, minerals, and  other  nutri-
    11  tional supplements approved by the board as being appropriate to, and as
    12  a  part of, his or her practice of chiropractic. Nothing herein shall be
    13  construed to prohibit an individual who is not subject to regulation  in
    14  this state as a licensed chiropractor from engaging in nutritional coun-
    15  seling.]  or  controlled substances or to administer or use anesthetics.
    16  Chiropractors may use over the counter topical analgesic substances  and
    17  anesthetic  balms,  salves  or  emollients or advise on over the counter
    18  substances.
    19    § 2. Section 6552 of the education law, as added by chapter 987 of the
    20  laws of 1971, is amended to read as follows:
    21    § 6552. Practice of chiropractic and use of  title  "chiropractor"  or
    22  "doctor  of chiropractic".  Only a person licensed [or exempt] or other-
    23  wise authorized under this article [shall] to practice chiropractic [or]
    24  may use the title "chiropractor" or "doctor of chiropractic".
    25    § 3. Section 6553 of the education law, as added by chapter 987 of the
    26  laws of 1971, is amended to read as follows:
    27    § 6553. State board for chiropractic.  A state board for  chiropractic
    28  shall  be  appointed  by  the  board of regents on recommendation of the
    29  commissioner for the purpose of assisting the board of regents  and  the
    30  department on matters of professional licensing and professional conduct
    31  in  accordance with section sixty-five hundred eight of this title.  The
    32  board shall be composed of not less than [seven] eight members,  includ-
    33  ing  [at  least four licensed] seven chiropractors[, one licensed physi-
    34  cian who is a doctor of medicine, one licensed physician who is a doctor
    35  of osteopathy, and one educator who  holds  a  doctorate  or  equivalent
    36  degree in either anatomy, physiology, pathology, chemistry or microbiol-
    37  ogy]  licensed in this state and one public member.  An executive secre-
    38  tary to the board shall be appointed by the board of regents  on  recom-
    39  mendation of the commissioner.
    40    § 4. Section 6554 of the education law, as added by chapter 987 of the
    41  laws  of  1971,  subdivision  3 as amended by chapter 994 of the laws of
    42  1971, subdivision 6 as amended by chapter 669 of the laws of  2022,  and
    43  subdivision  8  as amended by chapter 62 of the laws of 1989, is amended
    44  to read as follows:
    45    § 6554. Requirements for a professional  license.  To  qualify  for  a
    46  license  as  a  chiropractor,  an  applicant shall fulfill the following
    47  requirements:
    48    (1) Application: file an application with the department;
    49    (2) Education: have received an education, including [two] three years
    50  or ninety semester hours of credit or equivalent  trimester  or  quarter
    51  hours  of  credit  of  preprofessional college study and completion of a
    52  [four-year resident program in chiropractic,]  program  of  chiropractic
    53  education of not less than four academic years, or the equivalent there-
    54  of in accordance with the commissioner's regulations;
    55    (3)  Experience:  have  experience  satisfactory  to  the board and in
    56  accordance with the commissioner's regulations[:];

        A. 4706--C                          4
 
     1    (4) Examination: pass examinations satisfactory to the  board  and  in
     2  accordance  with the commissioner's regulations[, in clinical chiroprac-
     3  tic analysis, the practice of  chiropractic,  X-ray  as  it  relates  to
     4  chiropractic  analysis,  and examinations satisfactory to the department
     5  in  anatomy,  physiology, pathology, chemistry, microbiology, diagnosis,
     6  and the use and effect of X-ray] for the practice of chiropractic;
     7    (5) Age: be at least twenty-one years of age;
     8    (6) Citizenship or immigration status: be a United States citizen or a
     9  noncitizen lawfully admitted  for  permanent  residence  in  the  United
    10  States;
    11    (7) Character: be of good moral character as determined by the depart-
    12  ment; and
    13    (8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
    14  ment  for  [admission  to a department conducted examination and for] an
    15  initial license, [a fee of eighty-five dollars for each reexamination, a
    16  fee of one hundred fifteen dollars for an initial  license  for  persons
    17  not  requiring  admission  to a department conducted examination,] and a
    18  fee of one hundred fifty-five dollars for  each  triennial  registration
    19  period.
    20    §  5.  Section 6555 of the education law, as amended by chapter 537 of
    21  the laws of 1983, is amended to read as follows:
    22    § 6555. Exempt persons.  [Nothing in this article shall  be  construed
    23  to  affect or prevent a student enrolled in a college of chiropractic in
    24  this state from engaging in all phases of clinical practice under super-
    25  vision of a licensed chiropractor or physician in  a  curriculum  regis-
    26  tered  by  the  department.]  The  following persons under the following
    27  limitations  may  practice  chiropractic  within  the  state  without  a
    28  license:
    29    1. A student enrolled in any accredited college of chiropractic engag-
    30  ing  in  all phases of clinical practice under supervision of a licensed
    31  chiropractor or physician in a curriculum registered by the  department;
    32  or
    33    2.  A student who is performing a clinical externship or preceptorship
    34  in a chiropractic office or clinic setting and  who  is  enrolled  in  a
    35  chiropractic  school  which  meets  the  standards  satisfactory  to the
    36  department, provided such practice is under the direct supervision of  a
    37  licensed chiropractor for a maximum period of twelve months; or
    38    3.  Any  chiropractor  who is licensed in another state or country and
    39  who is meeting or communicating with a  chiropractor  licensed  in  this
    40  state,  for  purposes of consultation, provided such practice is limited
    41  to such consultation; or
    42    4. Any chiropractor who is licensed in another state or  country,  who
    43  is  visiting a chiropractic school or teaching facility in this state to
    44  receive chiropractic instruction for a period not to exceed  six  months
    45  or to conduct chiropractic instruction, provided such practice is limit-
    46  ed  to  such  instruction  and  is  under  the  general supervision of a
    47  licensed chiropractor; or
    48    5. Any chiropractor who is authorized by a foreign government to prac-
    49  tice in  relation  to  its  diplomatic,  consular  or  maritime  staffs,
    50  provided such practice is limited to such staffs; or
    51    6.  Any commissioned chiropractic officer who is serving in the United
    52  States armed forces or public health service or any chiropractor who  is
    53  employed  in  the  United  States Veterans Administration, provided such
    54  practice is limited to such service or employment; or
    55    7. (a) Any chiropractor who is licensed and in good standing in anoth-
    56  er state or territory, and  who  has  a  written  agreement  to  provide

        A. 4706--C                          5
 
     1  chiropractic  services to athletes and team personnel of a United States
     2  sports team recognized by the United  States  Olympic  committee  or  an
     3  out-of-state  secondary  school, institution of postsecondary education,
     4  or  professional  athletic organization sports team, may provide chirop-
     5  ractic services to such athletes and team personnel at a discrete  sanc-
     6  tioned  team sporting event in this state as defined by the commissioner
     7  in regulations,  provided  such  services  are  provided  only  to  such
     8  athletes  and  team  personnel  at the discrete sanctioned team sporting
     9  event. Any such chiropractic services shall be provided only  five  days
    10  before  through  three days after each discrete sanctioned team sporting
    11  event.
    12    (b) Any person practicing as a chiropractor in New York state pursuant
    13  to this subdivision shall be subject to the personal and subject  matter
    14  jurisdiction  and  disciplinary and regulatory authority of the board of
    15  regents as if such chiropractor is a licensee and as  if  the  exemption
    16  pursuant  to this subdivision is a license. Such individual shall comply
    17  with applicable provisions of this title, the  public  health  law,  the
    18  rules  of  the board of regents, and the regulations of the commissioner
    19  and the commissioner of health,  relating  to  professional  misconduct,
    20  disciplinary proceedings and penalties for professional misconduct.
    21    §  6.  Section 6556 of the education law is REPEALED and a new section
    22  6556 is added to read as follows:
    23    § 6556. Limited permits. Permits limited as to  eligibility,  practice
    24  and  duration, shall be issued by the department to eligible applicants,
    25  as follows:
    26    1. Eligibility: The following persons shall be eligible for a  limited
    27  permit:
    28    a.  A  person  who fulfills all requirements for a license as a chiro-
    29  practor except those relating to the examination;
    30    b. A licensed foreign chiropractor who meets guidelines  developed  in
    31  accordance with the commissioner's regulations;
    32    c.  A licensed foreign chiropractor or a foreign intern who is in this
    33  country on a non-immigration visa for the continuation  of  chiropractic
    34  study  who meets guidelines developed in accordance with the commission-
    35  er's regulations and has received two years  of  training  at  a  United
    36  States accredited chiropractic school;
    37    d.  Any graduate of a chiropractic school which meets standards satis-
    38  factory to the department, provided such practice is under  the  general
    39  supervision  of  a  licensed chiropractor for a maximum period of twelve
    40  months from date of graduation.
    41    2. Limit of practice. A permittee  shall  be  authorized  to  practice
    42  chiropractic  only  under the supervision of a licensed chiropractor and
    43  only in a licensed chiropractic office or clinical setting.
    44    3. Duration. A limited permit shall be valid for one year.  A  limited
    45  permit may be renewed annually at the discretion of the department.
    46    4. Fees. The fee for each limited permit and for each renewal shall be
    47  one hundred five dollars.
    48    § 7. The education law is amended by adding a new section 6557 to read
    49  as follows:
    50    § 6557. Special   provisions.      Notwithstanding   any  inconsistent
    51  provision of any general, special or local law, any licensed  chiroprac-
    52  tor who voluntarily and without the expectation of monetary compensation
    53  renders  first aid or emergency treatment at the scene of an accident or
    54  other emergency, outside a hospital, doctor's office or any other  place
    55  having  proper  and necessary chiropractic equipment, to a person who is
    56  unconscious, ill or injured, shall not be liable for damages  for  inju-

        A. 4706--C                          6
 
     1  ries  alleged  to  have been sustained by such person or for damages for
     2  the death of such person alleged to have occurred by reason of an act or
     3  omission in the rendering of  such  first  aid  or  emergency  treatment
     4  unless  it  is  established  that  such  injuries were or such death was
     5  caused by gross negligence on the part of such chiropractor. Nothing  in
     6  this  section  shall be deemed or construed to relieve a licensed chiro-
     7  practor from liability for damages for injuries or death  caused  by  an
     8  act  or  omission  on the part of a chiropractor while rendering profes-
     9  sional services in the normal and ordinary course of their practice.
    10    § 8. This act shall take effect eighteen months after  it  shall  have
    11  become a law.
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