S T A T E O F N E W Y O R K
________________________________________________________________________
893
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing
chiropractors to certify disabilities for severely disabled persons to
register their vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 404-a of the vehicle and traffic
law, as amended by chapter 686 of the laws of 1994, the opening para-
graph and paragraph (c) as amended by chapter 228 of the laws of 2008,
is amended to read as follows:
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 family
certified by a physician, physician assistant or nurse practitioner, to
the extent authorized by law, including the education law, and consist-
ent with any applicable written practice agreement, or podiatrist pursu-
ant to subdivision four-a of this section, OR CHIROPRACTOR PURSUANT TO
SUBDIVISION FOUR-B OF THIS SECTION, to the satisfaction of the commis-
sioner 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01497-01-9
A. 893 2
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 A
CHIROPRACTOR DULY LICENSED TO PRACTICE 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.
S 2. Section 404-a of the vehicle and traffic law is amended by adding
a new subdivision 4-b to read as follows:
4-B. CERTIFICATION OF DISABILITY BY A CHIROPRACTOR. A CHIROPRACTOR
DULY LICENSED TO PRACTICE CHIROPRACTICS IN THIS STATE MAY CERTIFY ONLY
THOSE CONDITIONS WHICH HE OR SHE TREATS IN THE COURSE OF THE PRACTICE OF
CHIROPRACTICS, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED ONE OF THE
EDUCATION LAW.
S 3. Paragraph (b) of subdivision 5 of section 404-a of the vehicle
and traffic law, as amended by chapter 228 of the laws of 2008, is
amended to read as follows:
(b) The commissioner may require the applicant for registration to
furnish such proof of his disability or such proof of disability of such
members of his family from 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, or
podiatrist pursuant to subdivision four-a of this section, OR CHIROPRAC-
TOR PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION as the commissioner
deems necessary either for initial registration 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 sufficient proof of disability
for purposes of this paragraph.
S 4. This act shall take effect immediately.