senate Bill S893

Amended

Provides that chiropractors may perform certain services including certifying disability

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 29 / Jan / 2014
    • PRINT NUMBER 893A

Summary

Provides that chiropractors may certify disability for handicapped parking and real property tax purposes and be employed by school districts to assist medical inspectors.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2253
Versions:
S893
S893A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §459, RPT L; amd §404-a, V & T L; amd §902, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5344, A4167A
2009-2010: S7802, A11155

Sponsor Memo

BILL NUMBER:S893

TITLE OF BILL:
An act
to amend the real property
tax law, in relation to enabling chiropractors to certify disability;
to amend
the vehicle and traffic law, in relation to enabling chiropractors to
certify disability for the purpose of issuance of handicapped license
plates and registration; and to amend
the education law, in relation to enabling chiropractors to be employed
by school districts to provide school health services

PURPOSE:
The purpose of this bill is to bring parity and equity among direct
access health care practitioners.

SUMMARY OF PROVISIONS:

Section 1 amends real property tax law § 459 and enables chiropractors
to certify an individual's disability.

Section 2 amends vehicle and traffic law § 404-a to enable
chiropractors to certify a person's disability for the purpose of
receiving handicap license plates and registration.

Section 3 amends education law § 902 so as to allow chiropractors to
be employed by a school district to assist the district's medical
inspector or to provide services to students of the district.

JUSTIFICATION:
Most direct access health care professionals are empowered under
various sections of the law to certify to a patient's disability for
parking permits and handicapped license plates. However, through
legislative oversight, chiropractors have been omitted from the list
of providers who can certify to their patient's disability. Sections
1 and 2 of this bill simply clarify that chiropractors are included
in the list of health care professionals who can certify to a
patient's disability. This legislation brings parity among the direct
access health care Professionals. Moreover, without this legislation
patients must incur the time and expense of being examined by a
second professional, whose profession is listed, since their
chiropractor is currently unable to certify to their disability.

LEGISLATIVE HISTORY:
2011-12: S.5344/A.4167A - Died in Local Government
A.11155 of 2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   893

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property  tax  law,  in  relation  to  enabling
  chiropractors  to certify disability; to amend the vehicle and traffic
  law, in relation to enabling chiropractors to certify  disability  for
  the  purpose  of  issuance of handicapped license plates and registra-
  tion; and to amend the education law, in relation to  enabling  chiro-
  practors  to  be employed by school districts to provide school health
  services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 459 of the real  property tax law,
as  added  by  chapter 200 of the laws of 1983 and as further amended by
subdivision (b) of section 1 of part W of chapter  56  of  the  laws  of
2010, is amended to read as follows:
  2. To qualify as physically disabled for the purposes of this section,
an  individual shall submit to the assessor a certified statement from a
physician OR CHIROPRACTOR licensed to practice in the state  on  a  form
prescribed  and made available by the commissioner which states that the
individual has  a  permanent  physical  impairment  which  substantially
limits  one  or  more of such individual's major life activities, except
that an individual who has obtained a certificate from the state commis-
sion for the blind and visually handicapped stating that such individual
is legally blind may submit such certificate in lieu  of  a  physician's
certified statement.
  S 2. Subdivision 4 and paragraph (b) of subdivision 5 of section 404-a
of  the vehicle and traffic law, subdivision 4 as amended by chapter 686
of the laws of 1994 and the  opening  paragraph  and  paragraph  (c)  of
subdivision  4  and paragraph (b) of subdivision 5 as amended by chapter
277 of the laws of 2012, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03761-01-3

S. 893                              2

  4. Issue of plates. The commissioner shall issue  sets  of  plates  to
such  person  in  accordance  with  subdivision two of this section with
proof of such disability of such person or such members of  his  or  her
family  certified  by  a physician, physician assistant, CHIROPRACTOR or
nurse  practitioner,  to  the  extent  authorized  by law, including the
education law, and  consistent  with  any  applicable  written  practice
agreement,  or podiatrist pursuant to subdivision four-a of this section
or optometrist pursuant to subdivision four-b of this  section,  to  the
satisfaction  of  the  commissioner  who  is  empowered to carry out the
effects of this section by formulating rules and regulations.
  For the purposes of this section, a "severely disabled  person"  shall
mean  any  person  having  any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
  (a) Has limited or no use of one or both lower limbs;
  (b) Has a neuro-muscular dysfunction which severely limits mobility;
  (c) Has a physical or mental impairment or condition  which  is  other
than  those  specified above, but is of such nature as to impose unusual
hardship in utilization of public  transportation  facilities  and  such
condition  is  certified  by  a  physician, physician assistant or nurse
practitioner, to the extent authorized by law, including  the  education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a  of this section, a podiatrist duly licensed to practice podiatry
in this state or, pursuant to subdivision four-b  of  this  section,  an
optometrist  duly  licensed  to  practice  optometry  in  this state, as
constituting an equal degree of disability  (specifying  the  particular
condition)  so  as  to  prevent  such person from getting around without
great difficulty in accordance with subdivision two of this section; or
  (d) A blind person.
  (b) The commissioner may require the  applicant  for  registration  to
furnish  such proof of his or her disability or such proof of disability
of such members of his or her family from a physician, physician assist-
ant, CHIROPRACTOR or nurse practitioner, to  the  extent  authorized  by
law,  including  the  education  law, and consistent with any applicable
written practice agreement, or podiatrist pursuant to subdivision four-a
of this section or optometrist pursuant to subdivision  four-b  of  this
section,  as  the commissioner deems necessary either for initial regis-
tration or renewal thereof; provided, however,  that  a  handicapped  or
disabled  permit  issued by a municipality to such applicant pursuant to
section twelve hundred three-a of this chapter shall  be  deemed  suffi-
cient proof of disability for purposes of this paragraph.
  S 3.  Subdivision 1 of section 902 of the education law, as amended by
chapter 477 of the laws of 2004, is amended to read as follows:
  1.  As  used in this article "health professionals" means persons duly
licensed or otherwise authorized to practice a health profession  pursu-
ant to applicable law, including, but not limited to, physicians, regis-
tered  professional  nurses, nurse practitioners, physicians assistants,
optometrists, dentists, dental hygienists, CHIROPRACTORS, dietitians and
nutritionists, and audiologists.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.