S. 3908 2
THIS CHAPTER, OR IF THE PERSON SEEKING SUCH TREATMENT HAS BEEN TRANS-
FERRED FROM HIS OR HER CARE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, WHICH AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON
SO TREATED AND SHALL BE AVAILABLE TO HIM OR HER AS A DEFENSE IN ANY
ACTION BY SUCH NURSE PRACTITIONER FOR PAYMENT FOR CARE OR TREATMENT
RENDERED BY A NURSE PRACTITIONER AFTER HE OR SHE HAS BEEN REMOVED FROM
THE LIST OF NURSE PRACTITIONERS AUTHORIZED TO RENDER NURSE PRACTITIONER
CARE UNDER THIS SECTION, OR AFTER THE INJURED PERSON WAS TRANSFERRED
FROM HIS OR HER CARE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
THE NURSE PRACTITIONER COMMITTEE IF IT DEEMS SUCH NURSE PRACTITIONER
DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR THAT SUCH NURSE PRACTITIONER
BE AUTHORIZED TO RENDER NURSE PRACTITIONER CARE UNDER THIS SECTION. SUCH
RECOMMENDATIONS SHALL BE ADVISORY TO THE CHAIR ONLY AND SHALL NOT BE
BINDING OR CONCLUSIVE UPON HIM OR HER. THE CHAIR SHALL PREPARE AND
ESTABLISH A SCHEDULE FOR THE STATE, OR SCHEDULES LIMITED TO DEFINED
LOCALITIES, OF CHARGES AND FEES FOR NURSE PRACTITIONER TREATMENT AND
CARE DELIVERED BY A TREATING NURSE PRACTITIONER UNDER THIS SECTION, TO
BE DETERMINED IN ACCORDANCE WITH AND TO BE SUBJECT TO CHANGE PURSUANT TO
RULES PROMULGATED BY THE CHAIR. BEFORE PREPARING SUCH SCHEDULE FOR THE
STATE OR SCHEDULES FOR LIMITED LOCALITIES, THE CHAIR SHALL REQUEST THE
NURSE PRACTITIONER COMMITTEE TO SUBMIT TO HIM OR HER A REPORT ON THE
AMOUNT OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
FOR THE TYPES OF NURSE PRACTITIONER CARE AND TREATMENT TO BE RENDERED
UNDER THIS SECTION, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW OF
OTHER INTERESTED PARTIES, THE AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH
TREATMENT AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH
SCHEDULE.
2. NO CLAIM FOR NURSE PRACTITIONER TREATMENT OR CARE MADE PURSUANT TO
THIS SECTION SHALL BE VALID AND ENFORCEABLE AS AGAINST THE EMPLOYER OR
EMPLOYEES UNLESS WITHIN FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT
THE NURSE PRACTITIONER GIVING SUCH CARE OR TREATMENT FURNISHED TO THE
EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY
AND TREATMENT, AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT
AND SUBSEQUENT THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY THE
CHAIR, BOARD, EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS
THAN THREE WEEKS APART OR AT LESS FREQUENT INTERVALS IF REQUESTED ON
FORMS PRESCRIBED BY THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO FILE
SUCH NOTICES WITHIN THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE
INTEREST OF JUSTICE TO DO SO. UPON RECEIPT OF THE NOTICE PROVIDED IN
THIS SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE CLAIMANT
EXAMINED BY A QUALIFIED PHYSICIAN AT A PLACE REASONABLY CONVENIENT TO
THE CLAIMANT AND IN THE PRESENCE OF THE CLAIMANT'S NURSE PRACTITIONER,
AND THE REFUSAL OF THE CLAIMANT TO SUBMIT TO SUCH EXAMINATION AT SUCH
TIME OR TIMES AS MAY REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD
SHALL BAR THE CLAIMANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD
DURING WHICH HE OR SHE HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
3. FEES FOR NURSE PRACTITIONER SERVICES RENDERED PURSUANT TO THIS
SECTION SHALL BE PAYABLE ONLY TO A DULY AUTHORIZED NURSE PRACTITIONER AS
DEFINED IN THIS SECTION, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR OF
THE ASSETS OF SUCH NURSE PRACTITIONER, INCLUDING A PHYSICIAN ASSOCIATED
WITH SUCH NURSE PRACTITIONER. NO NURSE PRACTITIONER RENDERING TREATMENT
TO A COMPENSATION CLAIMANT PURSUANT TO THIS SECTION SHALL COLLECT OR
RECEIVE A FEE FROM SUCH CLAIMANT WITHIN THIS STATE, BUT SHALL HAVE
RECOURSE FOR PAYMENT ONLY TO THE EMPLOYER UNDER THE PROVISIONS OF THIS
SECTION.
S. 3908 3
4. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE NURSE
PRACTITIONER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
LAW AND RULES.
5. THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G
OF THIS ARTICLE WITH RESPECT TO THE CONDITIONS UNDER WHICH A HOSPITAL,
PHYSICIAN OR SELF-EMPLOYED PHYSICAL OR OCCUPATIONAL THERAPIST MAY
REQUEST PAYMENT OR ARBITRATION OF A BILL, OR UNDER WHICH AN AWARD MAY BE
MADE FOR PAYMENT OF SUCH BILL, SHALL BE APPLICABLE TO BILLS RENDERED BY
A NURSE PRACTITIONER FOR SERVICES RENDERED TO AN INJURED EMPLOYEE PURSU-
ANT TO THIS SECTION. IF THE PARTIES FAIL TO AGREE AS TO THE NURSE PRAC-
TITIONER CARE RENDERED UNDER THIS SECTION TO A CLAIMANT SUCH VALUE SHALL
BE DECIDED BY THE NURSE PRACTITIONER COMMITTEE AND THE MAJORITY DECISION
OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE
OF THE SERVICES RENDERED. THE BOARD OR THE CHAIR MAY MAKE AN AWARD NOT
IN EXCESS OF THE ESTABLISHED FEE SCHEDULES FOR ANY SUCH BILL OR PART
THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD FOR BILLS
RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF THIS
ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD OF
COMPENSATION.
WHERE A NURSE PRACTITIONER'S BILL HAS BEEN DETERMINED TO BE DUE AND
OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD SHALL
INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF NOT MORE THAN ONE AND
ONE-HALF PERCENT PER MONTH PAYABLE TO THE NURSE PRACTITIONER IN ACCORD-
ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD. THE CHAIR
SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST THE EMPLOYER FOR EACH SUCH
AWARD MADE BY THE BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREAS-
URY.
A NURSE PRACTITIONER INITIATING AN ARBITRATION PURSUANT TO THIS
SECTION SHALL PAY A FEE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE
CHAIR TO BE USED TO COVER THE COSTS RELATED TO THE CONDUCT OF SUCH ARBI-
TRATION. UPON RESOLUTION IN FAVOR OF SUCH PARTY, THE AMOUNT DUE, BASED
UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY THE AMOUNT OF THE FEE
PAID BY SUCH PARTY. WHERE A PARTIAL AWARD IS MADE, THE AMOUNT DUE, BASED
UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY A PART OF SUCH FEE.
6. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR NURSE PRACTI-
TIONER CARE AND TREATMENT, THE REPORT OR TESTIMONY OF AN AUTHORIZED
NURSE PRACTITIONER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE AND
TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL OPINION OF THE NURSE PRACTITIONER AS TO CAUSAL RELATION AND AS TO
REQUIRED TREATMENT SHALL BE DEEMED COMPETENT BUT SHALL NOT BE CONTROL-
LING. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR
INSURANCE CARRIER OF ANY RIGHT TO MEDICAL EXAMINATION OR PRESENTATION OF
MEDICAL TESTIMONY NOW CONFERRED BY LAW.
7. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING NURSE PRACTITIONER CARE UNDER THIS SECTION,
WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES IN EFFECT
ON THE EFFECTIVE DATE OF THIS SECTION WITH REFERENCE TO MEDICAL CARE
FURNISHED TO CLAIMANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH THE
PROMULGATION OF SUCH RULES THE CHAIR MAY CONSULT THE NURSE PRACTITIONER
COMMITTEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
PARTIES.
8. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A SINGLE NURSE PRACTITIONER COMMITTEE COMPOSED OF TWO
DULY LICENSED PHYSICIANS AND THREE DULY REGISTERED, LICENSED AND CERTI-
S. 3908 4
FIED NURSE PRACTITIONERS OF THE STATE OF NEW YORK. ONE SUCH NURSE PRAC-
TITIONER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY
PRESIDENT OF THE SENATE AND ONE SUCH NURSE PRACTITIONER SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. EACH
MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPENSATION ON AN ANNUAL BASIS
TO BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE SUCH
NURSE PRACTITIONER MEMBER SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF
THE NURSE PRACTITIONER COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL
RENDER CARE UNDER THIS SECTION NOR BE EMPLOYED OR ACCEPT OR PARTICIPATE
IN ANY FEE FROM ANY INSURANCE COMPANY AUTHORIZED TO WRITE WORKERS'
COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER, WHETHER
SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION CLAIM OR
OTHERWISE. THE ATTORNEY GENERAL, UPON REQUEST, SHALL ADVISE AND ASSIST
SUCH COMMITTEE.
9. THE NURSE PRACTITIONER COMMITTEE SHALL INVESTIGATE, HEAR AND MAKE
FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER MISCON-
DUCT OF ANY AUTHORIZED NURSE PRACTITIONER AS PROVIDED IN THIS SUBDIVI-
SION UNDER RULES AND PROCEDURE TO BE PRESCRIBED BY THE CHAIR AND SHALL
REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDA-
TIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS, DECISION AND
RECOMMENDATION OF THE NURSE PRACTITIONER COMMITTEE SHALL BE ADVISORY TO
THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR HER.
THE CHAIR SHALL REMOVE FROM THE LIST OF NURSE PRACTITIONERS AUTHORIZED
TO RENDER NURSE PRACTITIONER CARE UNDER THIS SECTION THE NAME OF ANY
NURSE PRACTITIONER WHO HE OR SHE SHALL FIND AFTER REASONABLE INVESTI-
GATION IS DISQUALIFIED BECAUSE SUCH NURSE PRACTITIONER:
(A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPE-
TENCE IN CONNECTION WITH NURSE PRACTITIONER SERVICES RENDERED UNDER THE
LAW;
(B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING NURSE PRACTITIONER SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS REGARDING HIS OR HER QUALIFICATIONS IN HIS OR HER APPLICATION
FOR AUTHORIZATION;
(C) HAS FAILED TO SUBMIT IN A TIMELY, FULL AND TRUTHFUL MANNER NURSE
PRACTITIONER REPORTS OF ALL HIS OR HER FINDINGS TO THE EMPLOYER AND
DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED IN
THIS SECTION;
(D) HAS KNOWINGLY MADE A FALSE STATEMENT OR REPRESENTATION AS TO A
MATERIAL FACT IN ANY MEDICAL REPORT MADE PURSUANT TO THIS CHAPTER OR IN
TESTIFYING OR OTHERWISE PROVIDING INFORMATION FOR THE PURPOSES OF THIS
CHAPTER;
(E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT FOR HIMSELF OR
HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER;
(F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
BOARD, NURSE PRACTITIONER COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR PAPER
CONCERNING HIS OR HER CONDUCT UNDER AN AUTHORIZATION GRANTED TO HIM OR
HER UNDER THE LAW; OR
(G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A
COMMISSION, DISCOUNT OR GRATUITY, IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT. NOTHING CONTAINED IN THIS PARAGRAPH
SHALL PROHIBIT SUCH NURSE PRACTITIONERS WHO PRACTICE WITH OTHER NURSE
S. 3908 5
PRACTITIONERS OR PHYSICIANS AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY PARTNER-
SHIP, OR AS A UNIVERSITY FACULTY PRACTICE CORPORATION FROM POOLING FEES
AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP, PROFESSIONAL CORPO-
RATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR
GROUP, NOR SHALL THE PROFESSIONALS CONSTITUTING THE PARTNERSHIP, PROFES-
SIONAL CORPORATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PART-
NERSHIP OR GROUP BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING
THE FEES AND MONEYS RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR GROUP IN
ACCORDANCE WITH A PARTNERSHIP OR OTHER AGREEMENT; PROVIDED, HOWEVER,
THAT NOTHING IN THE PARAGRAPH SHALL BE CONSTRUED TO AUTHORIZE THE FORMA-
TION OF A PARTNERSHIP, PROFESSIONAL CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP NOT OTHERWISE AUTHORIZED BY
LAW.
10. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION NINE OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR.
11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF THE CHAIR TO INVESTIGATE INSTANCES OF
MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY THE NURSE PRACTI-
TIONER COMMITTEE OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
NURSE PRACTITIONER THAT HE OR SHE MAY BELIEVE TO BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF
THIS ARTICLE SHALL BE APPLICABLE AS FULLY AS IF SET FORTH IN THIS
SECTION.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE AUTHORITY OF A NURSE PRACTITIONER TO DELIVER CARE AND TREAT-
MENT AS AUTHORIZED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION
LAW, OR TO REQUIRE THAT A NURSE PRACTITIONER FILE AN APPLICATION FOR
AUTHORIZATION UNDER THIS SECTION.
S 2. Section 141 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:
S 141. General powers and duties of the chair. The chair shall be the
administrative head of the workers' compensation board and shall exer-
cise the powers and perform the duties in relation to the administration
of this chapter heretofore vested in the commissioner of labor by chap-
ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
ry thereof, and by this chapter excepting article six thereof, and
except in so far as such powers and duties are vested by this chapter in
the workers' compensation board. The chair shall preside at all meetings
of the board and shall appoint all committees and panels of the board;
shall designate the times and places for the hearing of claims under
this chapter and shall perform all administrative functions of the board
as in this chapter set forth. The chair, in the name of the board, shall
enforce all the provisions of this chapter, and may make administrative
regulations and orders providing for the receipt, indexing and examining
of all notices, claims and reports, for the giving of notice of hearings
and of decisions, for certifying of records, for the fixing of the times
and places for the hearing of claims, and for providing for the conduct
of hearings and establishing of calendar practice to the extent not
inconsistent with the rules of the board. The chair shall issue and may
revoke certificates of authorization of physicians, chiropractors [and],
podiatrists AND NURSE PRACTITIONERS as provided in sections thirteen-a,
thirteen-k [and] , thirteen-1 AND THIRTEEN-P of this chapter, and
S. 3908 6
licenses for medical bureaus and x-ray and other laboratories under the
provisions of section thirteen-c of this chapter, issue stop work orders
as provided in section one hundred forty-one-a of this article, and
shall have and exercise all powers not otherwise provided for herein in
relation to the administration of this chapter heretofore expressly
conferred upon the commissioner of labor by any of the provisions of
this chapter, or of the labor law. The chair, on behalf of the workers'
compensation board, shall enter into the agreement provided for in
section one hundred seventy-one-h of the tax law, and shall take such
other actions as may be necessary to carry out the agreement provided
for in such section for matching beneficiary records of workers' compen-
sation with information provided by employers to the state directory of
new hires for the purposes of verifying eligibility for such benefits
and for administering workers' compensation.
S 3. Subdivisions 1, 2 and 3 of section 217 of the workers' compen-
sation law, subdivision 1 as amended by chapter 167 of the laws of 1999,
and subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990,
are amended to read as follows:
1. Written notice and proof of disability shall be furnished to the
employer by or on behalf of the employee claiming benefits or, in the
case of a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of disa-
bility. Additional proof shall be furnished thereafter from time to time
as the employer or carrier or chair may require but not more often than
once each week. Such proof shall include a statement of disability by
the employee's attending physician or attending podiatrist or attending
chiropractor or attending dentist or attending psychologist or attending
certified nurse midwife OR ATTENDING NURSE PRACTITIONER, or in the case
of an employee who adheres to the faith or teachings of any church or
denomination, and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, by an accredited practitioner, containing facts
and opinions as to such disability in compliance with regulations of the
chair. Failure to furnish notice or proof within the time and in the
manner above provided shall not invalidate the claim but no benefits
shall be required to be paid for any period more than two weeks prior to
the date on which the required proof is furnished unless it shall be
shown to the satisfaction of the chair not to have been reasonably
possible to furnish such notice or proof and that such notice or proof
was furnished as soon as possible; provided, however, that no benefits
shall be paid unless the required proof of disability is furnished with-
in twenty-six weeks after commencement of the period of disability. No
limitation of time provided in this section shall run as against any
person who is mentally incompetent, or physically incapable of providing
such notice as a result of a serious medical condition, or a minor so
long as such person has no guardian of the person [and/] or property.
2. An employee claiming benefits shall, as requested by the employer
or carrier, submit himself or herself at intervals, but not more than
once a week, for examination by a physician or podiatrist or chiroprac-
tor or dentist or psychologist or certified nurse midwife OR NURSE PRAC-
TITIONER designated by the employer or carrier. All such examinations
shall be without cost to the employee and shall be held at a reasonable
time and place.
3. The chair may direct the claimant to submit to examination by a
physician or podiatrist or chiropractor or dentist or psychologist OR
NURSE PRACTITIONER designated by him or her in any case in which the
S. 3908 7
claim to disability benefits is contested and in claims arising under
section two hundred seven OF THIS ARTICLE, and in other cases as the
chair or board may require.
S 4. Subdivision 2 of section 205 of the workers' compensation law, as
amended by chapter 270 of the laws of 1990, is amended to read as
follows:
2. for any period of disability during which an employee is not under
the care of a duly licensed physician or with respect to disability
resulting from a condition of the foot which may lawfully be treated by
a duly registered and licensed podiatrist of the state of New York or
with respect to a disability resulting from a condition which may
lawfully be treated by a duly registered and licensed chiropractor of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly licensed dentist of
the state of New York or with respect to a disability resulting from a
condition which may lawfully be treated by a duly registered and
licensed psychologist of the state of New York or with respect to a
disability resulting from a condition which may lawfully be treated by a
duly certified nurse midwife OR WITH RESPECT TO A DISABILITY RESULTING
FROM A CONDITION WHICH MAY LAWFULLY BE TREATED BY A DULY REGISTERED,
LICENSED AND CERTIFIED NURSE PRACTITIONER, for any period of such disa-
bility during which an employee is neither under the care of a physician
nor a podiatrist, nor a chiropractor, nor a dentist, nor a psychologist,
nor a certified nurse midwife, NOR A NURSE PRACTITIONER; and for any
period of disability during which an employee who adheres to the faith
or teachings of any church or denomination and who in accordance with
its creed, tenets or principles depends for healing upon prayer through
spiritual means alone in the practice of religion, is not under the care
of a practitioner duly accredited by the church or denomination, and
provided such employee shall submit to all physical examinations as
required by this chapter.
S 5. Subdivision 5 of section 220 of the workers' compensation law, as
amended by chapter 940 of the laws of 1973, is amended to read as
follows:
5. In addition to other penalties [herein] provided IN THIS SECTION,
the [chairman] CHAIR shall remove from the list of physicians authorized
to render medical care under the provisions of articles one to eight,
inclusive, of this chapter and from the list of podiatrists authorized
to render podiatric care under section thirteen-k of this chapter, and
from the list of chiropractors authorized to render chiropractic care
under section thirteen-l of this chapter, AND FROM THE LIST OF NURSE
PRACTITIONERS AUTHORIZED TO RENDER NURSE PRACTITIONER CARE UNDER SECTION
THIRTEEN-P OF THIS CHAPTER the name of any physician or podiatrist or
chiropractor OR NURSE PRACTITIONER whom he OR SHE shall find, after
reasonable investigation, has submitted to the employer or carrier or
[chairman] CHAIR in connection with any claim for disability benefits
under this article, a statement of disability that is not truthful and
complete.
S 6. Section 232 of the workers' compensation law, as amended by chap-
ter 270 of the laws of 1990, is amended to read as follows:
S 232. Fees of physicians, podiatrists, chiropractors, dentists, NURSE
PRACTITIONERS and psychologists. Whenever his or her attendance at a
hearing before the board or its referees is required, the attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife
OR ATTENDING NURSE PRACTITIONER of the disabled employee, except such
S. 3908 8
physicians as are disqualified from testifying pursuant to subdivision
one of section thirteen-b, or section nineteen-a of this chapter, and
except such podiatrists as are disqualified from testifying under the
provisions of section thirteen-k OF THIS CHAPTER, and except such chiro-
practors as are disqualified from testifying under the provisions of
section thirteen-l OF THIS CHAPTER, and except such psychologists as are
disqualified from testifying under the provisions of section thirteen-m
OF THIS CHAPTER, AND EXCEPT SUCH NURSE PRACTITIONERS AS ARE DISQUALIFIED
FROM TESTIFYING UNDER THE PROVISIONS OF SECTION THIRTEEN-P OF THIS CHAP-
TER, shall be entitled to receive a fee from the carrier or the fund
established under section two hundred fourteen OF THIS ARTICLE, in an
amount as directed and fixed by the board, or its referees, and such fee
shall be in addition to any witness fee.
S 7. This act shall take effect immediately and shall expire December
31, 2014 when upon such date the provisions of this act shall be deemed
repealed.
