•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S05860 Summary:

BILL NOS05860C
 
SAME ASSAME AS A04706-C
 
SPONSORGOUNARDES
 
COSPNSRMURRAY, SKOUFIS
 
MLTSPNSR
 
Rpld §6556, amd §§6551, 6552, 6553, 6554 & 6555, add §§6556 & 6557, Ed L
 
Expands the scope of chiropractic practice.
Go to top

S05860 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5860--C
 
                               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  --  recommitted  to  the  Committee  on Higher Education in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05767-09-6

        S. 5860--C                          2
 
     1  consultation, advice, recommendations and counseling regarding  anatomy,
     2  physiology,  neurology, wellness and health optimization by any means of
     3  communication, the use of x-ray and  diagnostic  imaging  studies  using
     4  ionizing  and  non-ionizing  imaging  methods, adjustment, mobilization,
     5  manipulation, traction, and decompression, and other procedures consist-
     6  ing of but not limited to, heat, cold, light, air, water,  sound,  elec-
     7  tricity, massage, manual therapies, therapeutic exercise with or without
     8  assistive devices.  Chiropractors may use diagnostic clinical laboratory
     9  methods  directly related to the diagnosis and monitoring of neuromuscu-
    10  loskeletal conditions, including those assessing nutritional or metabol-
    11  ic factors that  impact  musculoskeletal  health,  as  approved  by  the
    12  department.
    13    b. Chiropractic examination, diagnostic and treatment methods may also
    14  include electrodiagnostic testing and manipulation under anesthesia when
    15  appropriate  education  standards  have  been met and as approved by the
    16  department as being appropriate to the practice of chiropractic.
    17    c. The practice of the profession of chiropractic  allows  a  licensed
    18  chiropractor who has successfully completed a registered doctoral, post-
    19  doctoral  or  continuing  education  certification  program  of a higher
    20  education credential by an accrediting agency, which contains courses of
    21  study in wellness care methods, nutrition, and dietary advice  satisfac-
    22  tory  to the department; use of wellness care methods and the ability to
    23  engage in nutritional  counseling  and  dietary  advice,  including  the
    24  dispensing  of  food  concentrates, food extracts, nutraceuticals, vita-
    25  mins, minerals,  and  other  nutritional  supplements  approved  by  the
    26  department  as  being  appropriate to, and as a part of, the practice of
    27  chiropractic, as the above relates to the definition of the practice  of
    28  chiropractic in subdivision one of this section.
    29    3.  a.  A license to practice as a chiropractor shall permit a chirop-
    30  ractic practitioner in their  professional  discretion  the  ability  to
    31  take,  order  and use x-ray and diagnostic imaging studies but shall not
    32  permit the holder thereof to use  [radio-therapy,  fluoroscopy,  or  any
    33  form  of  ionizing  radiation  except  X-ray which shall be used for the
    34  detection of structural imbalance, distortion, or  subluxations  in  the
    35  human body] ionizing radiation sources for the purposes of radiotherapy.
    36    b. The requirements and limitations with respect to the use of [X-ray]
    37  diagnostic  imaging  studies  by  chiropractors shall be enforced by the
    38  state commissioner of health and [he] the commissioner is authorized  to
    39  promulgate  rules  and  regulations  after  conferring  with the [board]
    40  department to carry out the purposes of this subdivision.
    41    c. Chiropractors shall retain for a period of three years  all  [X-ray
    42  films] diagnostic images taken in the course of their practice, together
    43  with  the records pertaining thereto, and shall make such [films] images
    44  and records available to the state commissioner of health or [his] their
    45  representative on demand.
    46    [3.] 4. Chiropractors may use diagnostic clinical  laboratory  methods
    47  involving  chemical  or  biological  means  which  particular  tests and
    48  services shall be approved by the department as appropriate to the prac-
    49  tice of chiropractic as defined in this section.
    50    5. A license to practice chiropractic  shall  not  permit  the  holder
    51  thereof  to  treat  for  any  infectious diseases such as pneumonia, any
    52  communicable diseases listed in the sanitary code of the  state  of  New
    53  York, any of the cardio-vascular-renal or cardio-pulmonary diseases, any
    54  surgical  condition  [of  the  abdomen  such  as  acute appendicitis, or
    55  diabetes], or any benign or malignant neoplasms; to operate;  to  reduce
    56  fractures  [or  dislocations]; to prescribe, administer, dispense or use

        S. 5860--C                          3
 
     1  in [his] their practice drugs or medicines[; or  to  use  diagnostic  or
     2  therapeutic  methods involving chemical or biological means except diag-
     3  nostic services performed by clinical laboratories which services  shall
     4  be approved by the board as appropriate to the practice of chiropractic;
     5  or  to  utilize  electrical devices except those devices approved by the
     6  board as being appropriate to  the  practice  of  chiropractic.  Nothing
     7  herein  shall  be  construed to prohibit a licensed chiropractor who has
     8  successfully completed a registered doctoral  program  in  chiropractic,
     9  which contains courses of study in nutrition satisfactory to the depart-
    10  ment,  from  using  nutritional  counseling, including the dispensing of
    11  food concentrates, food extracts, vitamins, minerals, and  other  nutri-
    12  tional supplements approved by the board as being appropriate to, and as
    13  a  part of, his or her practice of chiropractic. Nothing herein shall be
    14  construed to prohibit an individual who is not subject to regulation  in
    15  this state as a licensed chiropractor from engaging in nutritional coun-
    16  seling.]  or  controlled substances or to administer or use anesthetics.
    17  Chiropractors may use over the counter topical analgesic substances  and
    18  anesthetic  balms,  salves  or  emollients or advise on over the counter
    19  substances.
    20    § 2. Section 6552 of the education law, as added by chapter 987 of the
    21  laws of 1971, is amended to read as follows:
    22    § 6552. Practice of chiropractic and use of  title  "chiropractor"  or
    23  "doctor  of chiropractic".  Only a person licensed [or exempt] or other-
    24  wise authorized under this article [shall] to practice chiropractic [or]
    25  may use the title "chiropractor" or "doctor of chiropractic".
    26    § 3. Section 6553 of the education law, as added by chapter 987 of the
    27  laws of 1971, is amended to read as follows:
    28    § 6553. State board for chiropractic.  A state board for  chiropractic
    29  shall  be  appointed  by  the  board of regents on recommendation of the
    30  commissioner for the purpose of assisting the board of regents  and  the
    31  department on matters of professional licensing and professional conduct
    32  in  accordance with section sixty-five hundred eight of this title.  The
    33  board shall be composed of not less than [seven] eight members,  includ-
    34  ing  [at  least four licensed] seven chiropractors[, one licensed physi-
    35  cian who is a doctor of medicine, one licensed physician who is a doctor
    36  of osteopathy, and one educator who  holds  a  doctorate  or  equivalent
    37  degree in either anatomy, physiology, pathology, chemistry or microbiol-
    38  ogy]  licensed in this state and one public member.  An executive secre-
    39  tary to the board shall be appointed by the board of regents  on  recom-
    40  mendation of the commissioner.
    41    § 4. Section 6554 of the education law, as added by chapter 987 of the
    42  laws  of  1971,  subdivision  3 as amended by chapter 994 of the laws of
    43  1971, subdivision 6 as amended by chapter 669 of the laws of  2022,  and
    44  subdivision  8  as amended by chapter 62 of the laws of 1989, is amended
    45  to read as follows:
    46    § 6554. Requirements for a professional  license.  To  qualify  for  a
    47  license  as  a  chiropractor,  an  applicant shall fulfill the following
    48  requirements:
    49    (1) Application: file an application with the department;
    50    (2) Education: have received an education, including [two] three years
    51  or ninety semester hours of credit or equivalent  trimester  or  quarter
    52  hours  of  credit  of  preprofessional college study and completion of a
    53  [four-year resident program in chiropractic,]  program  of  chiropractic
    54  education of not less than four academic years, or the equivalent there-
    55  of in accordance with the commissioner's regulations;

        S. 5860--C                          4
 
     1    (3)  Experience:  have  experience  satisfactory  to  the board and in
     2  accordance with the commissioner's regulations[:];
     3    (4)  Examination:  pass  examinations satisfactory to the board and in
     4  accordance with the commissioner's regulations[, in clinical  chiroprac-
     5  tic  analysis,  the  practice  of  chiropractic,  X-ray as it relates to
     6  chiropractic analysis, and examinations satisfactory to  the  department
     7  in  anatomy,  physiology, pathology, chemistry, microbiology, diagnosis,
     8  and the use and effect of X-ray] for the practice of chiropractic;
     9    (5) Age: be at least twenty-one years of age;
    10    (6) Citizenship or immigration status: be a United States citizen or a
    11  noncitizen lawfully admitted  for  permanent  residence  in  the  United
    12  States;
    13    (7) Character: be of good moral character as determined by the depart-
    14  ment; and
    15    (8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
    16  ment  for  [admission  to a department conducted examination and for] an
    17  initial license, [a fee of eighty-five dollars for each reexamination, a
    18  fee of one hundred fifteen dollars for an initial  license  for  persons
    19  not  requiring  admission  to a department conducted examination,] and a
    20  fee of one hundred fifty-five dollars for  each  triennial  registration
    21  period.
    22    §  5.  Section 6555 of the education law, as amended by chapter 537 of
    23  the laws of 1983, is amended to read as follows:
    24    § 6555. Exempt persons.  [Nothing in this article shall  be  construed
    25  to  affect or prevent a student enrolled in a college of chiropractic in
    26  this state from engaging in all phases of clinical practice under super-
    27  vision of a licensed chiropractor or physician in  a  curriculum  regis-
    28  tered  by  the  department.]  The  following persons under the following
    29  limitations  may  practice  chiropractic  within  the  state  without  a
    30  license:
    31    1. A student enrolled in any accredited college of chiropractic engag-
    32  ing  in  all phases of clinical practice under supervision of a licensed
    33  chiropractor or physician in a curriculum registered by the  department;
    34  or
    35    2.  A student who is performing a clinical externship or preceptorship
    36  in a chiropractic office or clinic setting and  who  is  enrolled  in  a
    37  chiropractic  school  which  meets  the  standards  satisfactory  to the
    38  department, provided such practice is under the direct supervision of  a
    39  licensed chiropractor for a maximum period of twelve months; or
    40    3.  Any  chiropractor  who is licensed in another state or country and
    41  who is meeting or communicating with a  chiropractor  licensed  in  this
    42  state,  for  purposes of consultation, provided such practice is limited
    43  to such consultation; or
    44    4. Any chiropractor who is licensed in another state or  country,  who
    45  is  visiting a chiropractic school or teaching facility in this state to
    46  receive chiropractic instruction for a period not to exceed  six  months
    47  or to conduct chiropractic instruction, provided such practice is limit-
    48  ed  to  such  instruction  and  is  under  the  general supervision of a
    49  licensed chiropractor; or
    50    5. Any chiropractor who is authorized by a foreign government to prac-
    51  tice in  relation  to  its  diplomatic,  consular  or  maritime  staffs,
    52  provided such practice is limited to such staffs; or
    53    6.  Any commissioned chiropractic officer who is serving in the United
    54  States armed forces or public health service or any chiropractor who  is
    55  employed  in  the  United  States Veterans Administration, provided such
    56  practice is limited to such service or employment; or

        S. 5860--C                          5
 
     1    7. (a) Any chiropractor who is licensed and in good standing in anoth-
     2  er state or territory, and  who  has  a  written  agreement  to  provide
     3  chiropractic  services to athletes and team personnel of a United States
     4  sports team recognized by the United  States  Olympic  committee  or  an
     5  out-of-state  secondary  school, institution of postsecondary education,
     6  or professional athletic organization sports team, may  provide  chirop-
     7  ractic  services to such athletes and team personnel at a discrete sanc-
     8  tioned team sporting event in this state as defined by the  commissioner
     9  in  regulations,  provided  such  services  are  provided  only  to such
    10  athletes and team personnel at the  discrete  sanctioned  team  sporting
    11  event.  Any  such chiropractic services shall be provided only five days
    12  before through three days after each discrete sanctioned  team  sporting
    13  event.
    14    (b) Any person practicing as a chiropractor in New York state pursuant
    15  to  this subdivision shall be subject to the personal and subject matter
    16  jurisdiction and disciplinary and regulatory authority of the  board  of
    17  regents  as  if  such chiropractor is a licensee and as if the exemption
    18  pursuant to this subdivision is a license. Such individual shall  comply
    19  with  applicable  provisions  of  this title, the public health law, the
    20  rules of the board of regents, and the regulations of  the  commissioner
    21  and  the  commissioner  of  health, relating to professional misconduct,
    22  disciplinary proceedings and penalties for professional misconduct.
    23    § 6. Section 6556 of the education law is REPEALED and a  new  section
    24  6556 is added to read as follows:
    25    § 6556. Limited  permits.  Permits limited as to eligibility, practice
    26  and duration, shall be issued by the department to eligible  applicants,
    27  as follows:
    28    1.  Eligibility: The following persons shall be eligible for a limited
    29  permit:
    30    a. A person who fulfills all requirements for a license  as  a  chiro-
    31  practor except those relating to the examination;
    32    b.  A  licensed foreign chiropractor who meets guidelines developed in
    33  accordance with the commissioner's regulations;
    34    c. A licensed foreign chiropractor or a foreign intern who is in  this
    35  country  on  a non-immigration visa for the continuation of chiropractic
    36  study who meets guidelines developed in accordance with the  commission-
    37  er's  regulations  and  has  received  two years of training at a United
    38  States accredited chiropractic school;
    39    d. Any graduate of a chiropractic school which meets standards  satis-
    40  factory  to  the department, provided such practice is under the general
    41  supervision of a licensed chiropractor for a maximum  period  of  twelve
    42  months from date of graduation.
    43    2.  Limit  of  practice.  A  permittee shall be authorized to practice
    44  chiropractic only under the supervision of a licensed  chiropractor  and
    45  only in a licensed chiropractic office or clinical setting.
    46    3.  Duration. A limited permit shall be valid for one year.  A limited
    47  permit may be renewed annually at the discretion of the department.
    48    4. Fees. The fee for each limited permit and for each renewal shall be
    49  one hundred five dollars.
    50    § 7. The education law is amended by adding a new section 6557 to read
    51  as follows:
    52    § 6557. Special  provisions.      Notwithstanding   any   inconsistent
    53  provision  of any general, special or local law, any licensed chiroprac-
    54  tor who voluntarily and without the expectation of monetary compensation
    55  renders first aid or emergency treatment at the scene of an accident  or
    56  other  emergency, outside a hospital, doctor's office or any other place

        S. 5860--C                          6

     1  having proper and necessary chiropractic equipment, to a person  who  is
     2  unconscious,  ill  or injured, shall not be liable for damages for inju-
     3  ries alleged to have been sustained by such person or  for  damages  for
     4  the death of such person alleged to have occurred by reason of an act or
     5  omission  in  the  rendering  of  such  first aid or emergency treatment
     6  unless it is established that such  injuries  were  or  such  death  was
     7  caused  by gross negligence on the part of such chiropractor. Nothing in
     8  this section shall be deemed or construed to relieve a  licensed  chiro-
     9  practor  from  liability  for damages for injuries or death caused by an
    10  act or omission on the part of a chiropractor  while  rendering  profes-
    11  sional services in the normal and ordinary course of their practice.
    12    §  8.  This  act shall take effect eighteen months after it shall have
    13  become a law.
Go to top