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S05860 Summary:

BILL NOS05860B
 
SAME ASSAME AS A04706-B
 
SPONSORGOUNARDES
 
COSPNSRMURRAY, SKOUFIS
 
MLTSPNSR
 
Rpld §6556, amd §§6551, 6552, 6553, 6554 & 6555, add §§6556 & 6557, Ed L
 
Expands the scope of chiropractic practice; authorizes chiropractic clinical assistants.
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S05860 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5860--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      March 3, 2025
                                       ___________
 
        Introduced by Sens. GOUNARDES, MURRAY, SKOUFIS -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Higher
          Education -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said committee -- 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 assessment, work capability  assessment,
    18  handicap  eligibility  assessment,  school  and other sports assessment,
    19  school attendance assessment, and spinal health assessment, analysis, or
    20  to give consultation, advice, recommendations and  counseling  regarding
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05767-05-5

        S. 5860--B                          2
 
     1  anatomy,  physiology,  neurology,  general  health matters, wellness and
     2  health optimization by any means of communication, the use of x-ray  and
     3  diagnostic imaging studies using ionizing and non-ionizing imaging meth-
     4  ods,   adjustment,  mobilization,  manipulation,  traction,  and  decom-
     5  pression, and other procedures consisting of but not limited  to,  heat,
     6  cold,  light, air, water, sound, electricity, massage, manual therapies,
     7  therapeutic exercise with or without assistive devices.    Chiropractors
     8  may  use  diagnostic clinical laboratory methods directly related to the
     9  diagnosis and monitoring of neuromusculoskeletal  conditions,  including
    10  those  assessing nutritional or metabolic factors that impact musculosk-
    11  eletal health, as approved by the 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

        S. 5860--B                          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 topical analgesic substances and anesthetic balms,
    17  salves or emollients or advise on over the counter substances.
    18    § 2. Section 6552 of the education law, as added by chapter 987 of the
    19  laws of 1971, is amended to read as follows:
    20    § 6552. Practice of chiropractic and use of  title  "chiropractor"  or
    21  "doctor  of chiropractic".  Only a person licensed [or exempt] or other-
    22  wise authorized under this article [shall] to practice chiropractic [or]
    23  may use the title "chiropractor" or "doctor of chiropractic".
    24    § 3. Section 6553 of the education law, as added by chapter 987 of the
    25  laws of 1971, is amended to read as follows:
    26    § 6553. State board for chiropractic.  A state board for  chiropractic
    27  shall  be  appointed  by  the  board of regents on recommendation of the
    28  commissioner for the purpose of assisting the board of regents  and  the
    29  department on matters of professional licensing and professional conduct
    30  in  accordance with section sixty-five hundred eight of this title.  The
    31  board shall be composed of not less than [seven] eight members,  includ-
    32  ing  [at  least four licensed] seven chiropractors[, one licensed physi-
    33  cian who is a doctor of medicine, one licensed physician who is a doctor
    34  of osteopathy, and one educator who  holds  a  doctorate  or  equivalent
    35  degree in either anatomy, physiology, pathology, chemistry or microbiol-
    36  ogy]  licensed in this state and one public member.  An executive secre-
    37  tary to the board shall be appointed by the board of regents  on  recom-
    38  mendation of the commissioner.
    39    § 4. Section 6554 of the education law, as added by chapter 987 of the
    40  laws  of  1971,  subdivision  3 as amended by chapter 994 of the laws of
    41  1971, subdivision 6 as amended by chapter 669 of the laws of  2022,  and
    42  subdivision  8  as amended by chapter 62 of the laws of 1989, is amended
    43  to read as follows:
    44    § 6554. Requirements for a professional  license.  To  qualify  for  a
    45  license  as  a  chiropractor,  an  applicant shall fulfill the following
    46  requirements:
    47    (1) Application: file an application with the department;
    48    (2) Education: have received an education, including [two] three years
    49  or ninety semester hours of credit or equivalent  trimester  or  quarter
    50  hours  of  credit  of  preprofessional college study and completion of a
    51  [four-year resident program in chiropractic,]  program  of  chiropractic
    52  education of not less than four academic years, or the equivalent there-
    53  of in accordance with the commissioner's regulations;
    54    (3)  Experience:  have  experience  satisfactory  to  the board and in
    55  accordance with the commissioner's regulations[:];

        S. 5860--B                          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 authorized to practice chiropractic while travel-
    39  ling from another  state  or  country  in  which  such  chiropractor  is
    40  licensed, to provide chiropractic services during any emergency services
    41  associated  with  any  rescue,  recovery  or  humanitarian relief effort
    42  provided such  practice  is  pursuant  to  a  state  disaster  emergency
    43  declared  by the governor pursuant to section twenty-eight of the execu-
    44  tive law; or
    45    4. A chiropractor who is not a resident of this state who  is  legally
    46  qualified  to practice in their state and who is travelling from another
    47  state for the purpose of providing chiropractic services for a  specific
    48  purpose  or  event  provided  that such duration shall not exceed thirty
    49  days or the duration of the specified event; or
    50    5. Any chiropractor who is licensed in another state  or  country  and
    51  who  is  meeting  or  communicating with a chiropractor licensed in this
    52  state, for purposes of consultation, provided such practice  is  limited
    53  to such consultation; or
    54    6.  Any  chiropractor who is licensed in another state or country, who
    55  is visiting a chiropractic school or teaching facility in this state  to
    56  receive  chiropractic  instruction for a period not to exceed six months

        S. 5860--B                          5
 
     1  or to conduct chiropractic instruction, provided such practice is limit-
     2  ed to such instruction  and  is  under  the  general  supervision  of  a
     3  licensed chiropractor; or
     4    7. Any chiropractor who is authorized by a foreign government to prac-
     5  tice  in  relation  to  its  diplomatic,  consular  or  maritime staffs,
     6  provided such practice is limited to such staffs; or
     7    8. Any commissioned chiropractic officer who is serving in the  United
     8  States  armed forces or public health service or any chiropractor who is
     9  employed in the United States  Veterans  Administration,  provided  such
    10  practice is limited to such service or employment.
    11    §  6.  Section 6556 of the education law is REPEALED and a new section
    12  6556 is added to read as follows:
    13    § 6556. Limited permits. Permits limited as to  eligibility,  practice
    14  and  duration, shall be issued by the department to eligible applicants,
    15  as follows:
    16    1. Eligibility: The following persons shall be eligible for a  limited
    17  permit:
    18    a.  A  person  who fulfills all requirements for a license as a chiro-
    19  practor except those relating to the examination;
    20    b. A licensed foreign chiropractor who meets guidelines  developed  in
    21  accordance with the commissioner's regulations;
    22    c.  A licensed foreign chiropractor or a foreign intern who is in this
    23  country on a non-immigration visa for the continuation  of  chiropractic
    24  study  who meets guidelines developed in accordance with the commission-
    25  er's regulations and has received two years  of  training  at  a  United
    26  States accredited chiropractic school;
    27    d.  Any graduate of a chiropractic school which meets standards satis-
    28  factory to the department, provided such practice is under  the  general
    29  supervision  of  a  licensed chiropractor for a maximum period of twelve
    30  months from date of graduation.
    31    2. Limit of practice. A permittee  shall  be  authorized  to  practice
    32  chiropractic  only  under the supervision of a licensed chiropractor and
    33  only in a licensed chiropractic office or clinical setting.
    34    3. Duration. A limited permit shall be valid for one year.  A  limited
    35  permit may be renewed annually at the discretion of the department.
    36    4. Fees. The fee for each limited permit and for each renewal shall be
    37  one hundred five dollars.
    38    § 7. The education law is amended by adding a new section 6557 to read
    39  as follows:
    40    § 6557. Special provisions. 1. Non-liability of licensed chiropractors
    41  for  first aid or emergency treatment.  Notwithstanding any inconsistent
    42  provision of any general, special or local law, any licensed  chiroprac-
    43  tor who voluntarily and without the expectation of monetary compensation
    44  renders  first aid or emergency treatment at the scene of an accident or
    45  other emergency, outside a hospital, doctor's office or any other  place
    46  having  proper  and necessary chiropractic equipment, to a person who is
    47  unconscious, ill or injured, shall not be liable for damages  for  inju-
    48  ries  alleged  to  have been sustained by such person or for damages for
    49  the death of such person alleged to have occurred by reason of an act or
    50  omission in the rendering of  such  first  aid  or  emergency  treatment
    51  unless  it  is  established  that  such  injuries were or such death was
    52  caused by gross negligence on the part of such chiropractor. Nothing  in
    53  this  section  shall be deemed or construed to relieve a licensed chiro-
    54  practor from liability for damages for injuries or death  caused  by  an
    55  act  or  omission  on the part of a chiropractor while rendering profes-
    56  sional services in the normal and ordinary course of their practice.

        S. 5860--B                          6
 
     1    2. This article shall not  be  construed  to  affect  or  prevent  the
     2  following:
     3    a. The furnishing of any assistance in an emergency;
     4    b.  The  chiropractor  from being a primary portal of entry healthcare
     5  provider.
     6    3. There shall be no monetary liability on the part of, and  no  cause
     7  of  action  for  damages  shall  arise against, any person, partnership,
     8  corporation, firm, society, or other entity on account of  the  communi-
     9  cation  of information in the possession of such person or entity, or on
    10  account of any recommendation or evaluation,  regarding  the  qualifica-
    11  tions,  fitness, or professional conduct or practices of a chiropractor,
    12  to any governmental agency, chiropractic society, a hospital as  defined
    13  in  article twenty-eight of the public health law, a hospital as defined
    14  in subdivision ten of section 1.03 of  the  mental  hygiene  law,  or  a
    15  health  maintenance  organization  organized under article forty-four of
    16  the public health law or  article  forty-three  of  the  insurance  law,
    17  including  a  committee of an individual practice association or medical
    18  group acting pursuant to a contract with a health maintenance  organiza-
    19  tion.  The  foregoing shall not apply to information which is untrue and
    20  communicated with malicious intent.
    21    § 8.  This act shall take effect eighteen months after it  shall  have
    22  become a law.
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