S T A T E O F N E W Y O R K
________________________________________________________________________
4167--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. LATIMER
-- read once and referred to the Committee on Real Property Taxation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05050-04-1
A. 4167--A 2
subdivision 4 and paragraph (b) of subdivision 5 as amended by chapter
228 of the laws of 2008, are 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 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,
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, 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, 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 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.