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

                                  4850

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Higher Education

AN  ACT  to  amend  the education law, the public health law, the social
  services law, the tax law, the vehicle and traffic  law,  the  limited
  liability  company  law, the mental hygiene law, the general municipal
  law, the insurance law, the business corporation law, the civil  prac-
  tice  law and rules, the county law and the workers' compensation law,
  in relation to designating podiatrists as podiatric physicians

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

  Section  1. Section 6505-b of the education law, as amended by chapter
477 of the laws of 2008, is amended to read as follows:
  S 6505-b. Course work or  training  in  infection  control  practices.
Every  dentist, registered nurse, licensed practical nurse, [podiatrist]
PODIATRIC PHYSICIAN, optometrist and dental hygienist practicing in  the
state  shall,  on or before July first, nineteen hundred ninety-four and
every four years thereafter, complete course work or training  appropri-
ate  to the professional's practice approved by the department regarding
infection control and barrier  precautions,  including  engineering  and
work  practice controls, in accordance with regulatory standards promul-
gated by the department, in consultation with the department of  health,
which  shall  be  consistent, as far as appropriate, with such standards
adopted by the department of health  pursuant  to  section  two  hundred
thirty-nine of the public health law to prevent the transmission of HIV,
HBV  or  HCV  in  the course of professional practice. Each such profes-
sional shall document to the department  at  the  time  of  registration
commencing  with  the  first  registration  after  July  first, nineteen
hundred ninety-four that the professional has completed course  work  or
training  in  accordance  with  this  section,  provided, however that a
professional subject to the provisions of paragraph (f)  of  subdivision
one  of  section  twenty-eight  hundred  five-k of the public health law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07903-01-1
              

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shall not be required to so document. The department  shall  provide  an
exemption from this requirement to anyone who requests such an exemption
and  who  (i) clearly demonstrates to the department's satisfaction that
there  would  be  no need for him or her to complete such course work or
training because of the nature of his or her practice or (ii) that he or
she has completed course work or training deemed by the department to be
equivalent to the course work or training  approved  by  the  department
pursuant  to  this  section. The department shall consult with organiza-
tions representative of professions, institutions and those with  exper-
tise in infection control and HIV, HBV and HCV with respect to the regu-
latory standards promulgated pursuant to this section.
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, [podiatrist]  PODIA-
TRIC PHYSICIAN, optometrist, psychiatrist, psychologist, licensed master
social  worker,  licensed clinical social worker, licensed creative arts
therapist, licensed  marriage  and  family  therapist,  licensed  mental
health  counselor, licensed psychoanalyst, or dental hygienist shall, in
addition to all the other licensure, certification  or  permit  require-
ments,  have completed two hours of coursework or training regarding the
identification and  reporting  of  child  abuse  and  maltreatment.  The
coursework or training shall be obtained from an institution or provider
which  has been approved by the department to provide such coursework or
training. The coursework or training shall include information regarding
the physical and behavioral indicators of child abuse  and  maltreatment
and  the  statutory  reporting  requirements  set  out  in sections four
hundred thirteen through four hundred twenty of the social services law,
including but not limited to, when and how a report must be  made,  what
other  actions the reporter is mandated or authorized to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report. Such coursework or training may also include information regard-
ing  the  physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and  volun-
tary  reporting  of  abused  or neglected adults to the office of mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation showing that he or she has completed the required  training.  The
department shall provide an exemption from the child abuse and maltreat-
ment  training  requirements  to  any  applicant  who  requests  such an
exemption and who shows, to the department's  satisfaction,  that  there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S  3.  The  opening  paragraph of subdivision 3 of section 6527 of the
education law, as amended by chapter 257 of the laws of 1987, is amended
to read as follows:
  No individual who serves as a member of (a) a committee established to
administer a utilization review plan of a hospital, including a hospital
as defined in article twenty-eight of the public health law or a  hospi-
tal  as defined in subdivision ten of section 1.03 of the mental hygiene

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law, or (b) a committee having the responsibility of  the  investigation
of  an incident reported pursuant to section 29.29 of the mental hygiene
law or the evaluation and improvement of the quality of care rendered in
a  hospital  as defined in article twenty-eight of the public health law
or a hospital as defined in subdivision  ten  of  section  1.03  of  the
mental  hygiene law, or (c) any medical review committee or subcommittee
thereof of a local, county or state medical, dental, podiatry or optome-
trical society, any such society itself, a professional standards review
organization or an individual when such committee, subcommittee,  socie-
ty,  organization  or  individual  is  performing any medical or quality
assurance review function including the  investigation  of  an  incident
reported  pursuant  to  section  29.29 of the mental hygiene law, either
described in clauses (a) and (b) of this subdivision, required  by  law,
or  involving  any  controversy  or  dispute  between  (i)  a physician,
dentist, [podiatrist] PODIATRIC PHYSICIAN  or  optometrist  or  hospital
administrator  and a patient concerning the diagnosis, treatment or care
of such patient or the fees or charges therefor  or  (ii)  a  physician,
dentist,  [podiatrist]  PODIATRIC  PHYSICIAN  or optometrist or hospital
administrator and a provider of medical, dental, podiatric or optometri-
cal services concerning any medical or health charges or  fees  of  such
physician,  dentist, [podiatrist] PODIATRIC PHYSICIAN or optometrist, or
(d) a committee  appointed  pursuant  to  section  twenty-eight  hundred
five-j of the public health law to participate in the medical and dental
malpractice  prevention  program, or (e) any individual who participated
in the preparation of incident reports required  by  the  department  of
health  pursuant  to  section  twenty-eight hundred five-l of the public
health law, or (f) a committee established to administer  a  utilization
review  plan, or a committee having the responsibility of evaluation and
improvement of the quality of care rendered,  in  a  health  maintenance
organization organized under article forty-four of the public health law
or article forty-three of the insurance law, including a committee of an
individual  practice  association  or medical group acting pursuant to a
contract with such a health maintenance organization, shall be liable in
damages to any person for any action taken or recommendations  made,  by
him  within the scope of his function in such capacity provided that (a)
such individual has taken action  or  made  recommendations  within  the
scope  of  his  function  and  without malice, and (b) in the reasonable
belief after reasonable investigation that the act or recommendation was
warranted, based upon the facts disclosed.
  S 4. Subdivision 25-a of section 6530 of the education law,  as  added
by chapter 542 of the laws of 2000, is amended to read as follows:
  25-a.  With  respect  to  any  non-emergency  treatment,  procedure or
surgery which is expected to involve local or general anesthesia,  fail-
ing  to disclose to the patient the identities of all physicians, except
medical residents in certified training programs,  [podiatrists]  PODIA-
TRIC  PHYSICIANS  and  dentists,  reasonably  anticipated to be actively
involved in such treatment, procedure or  surgery  and  to  obtain  such
patient's informed consent to said practitioners' participation;
  S  5.  Subdivision 7 of section 6811 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  7. Any person to enter into an agreement with  a  physician,  dentist,
[podiatrist]  PODIATRIC PHYSICIAN or veterinarian for the compounding or
dispensing of secret formula (coded) prescriptions;
  S 6. Paragraph j of subdivision 2 of section  6815  of  the  education
law,  as  amended by chapter 752 of the laws of 1973, is amended to read
as follows:

A. 4850                             4

  j. Except as required by article thirty-three  of  the  public  health
law,  the  labeling  provisions  of  this article shall not apply to the
compounding and dispensing of drugs on the  written  prescription  of  a
physician,  a dentist, a [podiatrist] PODIATRIC PHYSICIAN or a veterina-
rian,  which prescription when filled shall be kept on file for at least
five years by the pharmacist or druggist. Such drug shall bear  a  label
containing  the  name and place of business of the dispenser, the serial
number and date of the prescription, directions for use as may be stated
in the prescription, name and address of the patient and the name of the
physician  or  other  practitioner  authorized  by  law  to  issue   the
prescription.   In addition, such label shall contain the proprietary or
brand name of the drug and, if applicable, the strength of the contents,
unless the person issuing the  prescription  explicitly  states  on  the
prescription,  in his own handwriting, that the name of the drug and the
strength thereof should not appear on the label.
  S 7. Subdivision c of section 6731 of the education law, as amended by
chapter 389 of the laws of 2007, is amended to read as follows:
  c. Such treatment shall be rendered pursuant to a referral  which  may
be  directive  as to treatment by a licensed physician, dentist, [podia-
trist] PODIATRIC PHYSICIAN, nurse practitioner or licensed midwife, each
acting within his or her lawful scope of  practice,  and  in  accordance
with  their  diagnosis,  except  as  provided  in  subdivision d of this
section.
  S 8. Subdivision 3 of section 6817 of the education law, as amended by
chapter 752 of the laws of 1973, is amended to read as follows:
  3. A drug dispensed on a written or oral prescription of a  physician,
dentist,  [podiatrist]  PODIATRIC  PHYSICIAN  or  veterinarian (except a
controlled substance), shall be exempt from  the  requirements  of  this
section  if  such  drug  bears  a label containing the name and place of
business  of  the  dispenser,  the  serial  number  and  date   of   the
prescription,  directions  for  use as may be stated in the prescription
and the name of the physician, dentist, [podiatrist] PODIATRIC PHYSICIAN
or veterinarian issuing the prescription and the name of the patient. In
addition, such drug shall bear a label  containing  the  proprietary  or
brand name of the drug and, if applicable, the strength of the contents,
unless  the  person  issuing  the  prescription explicitly states on the
prescription, in his own handwriting, that the name of the drug and  the
strength thereof should not appear on the label.
  S  9.  Section 7001 of the education law, as amended by chapter 677 of
the laws of 1996, is amended to read as follows:
  S 7001. Definition of practice of podiatry. 1.   The practice  of  the
profession of podiatry is defined as diagnosing, treating, operating and
prescribing for any disease, injury, deformity or other condition of the
foot,  and  may  include  performing physical evaluations in conjunction
with the provision of  podiatric  treatment.    [Podiatrists]  PODIATRIC
PHYSICIANS  may  treat traumatic open wound fractures only in hospitals,
as defined in article twenty-eight of the public health law.
  2. The practice of podiatry shall not include treating any part of the
human body other than the foot, nor treating fractures of  the  malleoli
or cutting operations upon the malleoli.  [Podiatrists] PODIATRIC PHYSI-
CIANS  licensed to practice, but not authorized to prescribe or adminis-
ter narcotics prior to the effective date of this subdivision, may do so
only after certification by the department in accordance with the quali-
fications established by the  commissioner.  The  practice  of  podiatry
shall  include  administering  only  local  anesthetics  for therapeutic

A. 4850                             5

purposes as well as for anesthesia and  treatment  under  general  anes-
thesia administered by authorized persons.
  S  10.  Section  7002 of the education law, as added by chapter 987 of
the laws of 1971, is amended to read as follows:
  S 7002. Practice of podiatry and use of title  ["podiatrist"]  "PODIA-
TRIC  PHYSICIAN".    Only a person licensed or exempt under this article
shall practice podiatry  or  use  the  title  ["podiatrist"]  "PODIATRIC
PHYSICIAN" or "chiropodist".
  S  11.  Section  7003 of the education law, as added by chapter 987 of
the laws of 1971, is amended to read as follows:
  S 7003. State board for podiatry.  A state board for podiatry shall be
appointed by the board of regents on recommendation of the  commissioner
for  the purpose of assisting the board of regents and the department on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title.  The board shall be
composed of not  less  than  seven  [podiatrists]  PODIATRIC  PHYSICIANS
licensed  in  this state.   An executive secretary to the board shall be
appointed by the board of regents on recommendation of the commissioner.
  S 12. The opening paragraph of section 7004 of the education  law,  as
added by chapter 987 of the laws of 1971, is amended to read as follows:
  To  qualify  for  a  license as a [podiatrist] PODIATRIC PHYSICIAN, an
applicant shall fulfill the following requirements:
  S 13. Section 7005 of the education law, as amended by chapter  39  of
the laws of 1982, is amended to read as follows:
  S 7005. Exempt persons.  Nothing in this article shall be construed to
affect  or prevent[:  1. A] A student from engaging in clinical practice
under supervision of a licensed [podiatrist] PODIATRIC  PHYSICIAN  in  a
school of podiatry in this state registered by the department.
  S  14.  Section  7006 of the education law, as added by chapter 987 of
the laws of 1971, subdivision 1 as amended by chapter 805 of the laws of
1984, subdivision 3 as added by chapter 413 of  the  laws  of  1988  and
subdivision  4 as amended by chapter 544 of the laws of 2003, is amended
to read as follows:
  S 7006. Special provision.   1.  No  corporation,  except  a  hospital
corporation authorized under article forty-three of the insurance law or
a  corporation organized and existing under the laws of the state of New
York which, on or before  the  first  day  of  March,  nineteen  hundred
forty-two, was legally incorporated to practice podiatry, shall practice
podiatry,  and then only through licensed [podiatrists] PODIATRIC PHYSI-
CIANS and shall conform to board  of  regents  rules.    No  corporation
organized  to  practice podiatry shall change its name or sell its fran-
chise or transfer its corporate rights directly or indirectly, by trans-
fer of capital stock control or otherwise, to any person or  to  another
corporation  without  permission from the department and any corporation
so changing its name or  so  transferring  its  franchise  or  corporate
rights  without  such permission or found guilty of violating a board of
regents rule shall be deemed to have forfeited its right  to  exist  and
shall be dissolved by a proceeding brought by the attorney general.
  2.    Any manufacturer or merchant may sell, advertise, fit, or adjust
proprietary foot remedies, arch supports, corrective foot appliances  or
shoes.
  3.  Notwithstanding any inconsistent provision of any general, special
or local law, any licensed [podiatrist] PODIATRIC PHYSICIAN  who  volun-
tarily  and  without  the  expectation  of monetary compensation renders
first aid or emergency treatment at the scene of an  accident  or  other
emergency,  outside  of  a hospital or any other place having proper and

A. 4850                             6

necessary medical equipment, to a person  who  is  unconscious,  ill  or
injured  shall  not  be  liable for damages for injuries alleged to have
been sustained by such person or for  damages  for  the  death  of  such
person  alleged  to have occurred by reason of an act or omission in the
rendering of such first aid or emergency treatment unless it  is  estab-
lished  that such injuries were or such death was caused by gross negli-
gence on the part of such [podiatrist] PODIATRIC PHYSICIAN.  Nothing  in
this  subdivision  shall  be  deemed  or construed to relieve a licensed
[podiatrist] PODIATRIC PHYSICIAN from liability for damages for injuries
or death caused by an act or omission on  the  part  of  a  [podiatrist]
PODIATRIC  PHYSICIAN while rendering professional services in the normal
and ordinary course of practice.
  4. An unlicensed person may provide supportive services to  a  [podia-
trist]  PODIATRIC  PHYSICIAN  incidental  to  and  concurrent  with such
[podiatrist] PODIATRIC PHYSICIAN  personally  performing  a  service  or
procedure.  Nothing  in  this subdivision shall be construed to allow an
unlicensed person to provide any service which constitutes the  practice
of  podiatry  as defined in this article. An unlicensed person providing
supportive services to a [podiatrist] PODIATRIC  PHYSICIAN  may  operate
radiographic  equipment under direct supervision for the sole purpose of
foot radiography provided that such person completes a course  of  study
acceptable  to  the  department  in  consultation with the department of
health.
  S 15. Subdivision 1 of section 7007 of the education law, as added  by
chapter 728 of the laws of 1990, is amended to read as follows:
  1.  Limited  permits to practice podiatry may be issued by the depart-
ment to graduates of a program of  professional  education  in  podiatry
registered  by  the  department  or  accredited by an accrediting agency
acceptable to the department. Such permits shall authorize the  practice
of podiatry only under the supervision of a licensed [podiatrist] PODIA-
TRIC PHYSICIAN and only in:
  a.  a hospital or health facility licensed pursuant to article twenty-
eight of the public health law; OR
  b. a clerkship for a period of  two  years  or  less  conducted  by  a
licensed  [podiatrist] PODIATRIC PHYSICIAN designated as a member of the
faculty of an approved school of podiatry for purposes of  a  preceptor-
ship program[; or].
  S  16.  The  education  law is amended by adding a new section 7009 to
read as follows:
  S 7009. PRIOR LICENSE AS PODIATRIST.  ANY  INDIVIDUAL  LICENSED  AS  A
PODIATRIST  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SECTION SHALL, ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION, BE DEEMED TO BE LICENSED AS  A
PODIATRIC  PHYSICIAN  PURSUANT  TO  THIS ARTICLE FOR ALL PURPOSES OF THE
LAWS OF THIS STATE, AND ANY SUCH INDIVIDUAL MAY USE THE TITLE "PODIATRIC
PHYSICIAN".
  S 17. Paragraphs a and b of subdivision 1  of  section  206-a  of  the
public  health  law,  as amended by chapter 460 of the laws of 1985, are
amended to read as follows:
  a. To deny to or to withhold from a physician, dentist or [podiatrist]
PODIATRIC PHYSICIAN staff membership or  professional  privileges  in  a
hospital  because  of  his  participation in any medical group practice,
non-profit health insurance plan, or comprehensive health services  plan
offered  by  a health maintenance organization authorized by the laws of
the state; or
  b. To exclude or to expel a physician, dentist or [podiatrist]  PODIA-
TRIC  PHYSICIAN from staff membership or to curtail, terminate or dimin-

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ish in any way a  physician's,  dentist's  or  [podiatrist's]  PODIATRIC
PHYSICIAN'S professional privileges in a hospital because of his partic-
ipation in any medical group practice, non-profit health insurance plan,
or  comprehensive  health  services plan offered by a health maintenance
organization authorized by the laws of the state.
  S 18. Subdivision 11 of section 238 of the public health law, as added
by chapter 803 of the laws of 1992, is amended to read as follows:
  11. "Practitioner" shall mean  a  licensed  or  registered  physician,
dentist, [podiatrist] PODIATRIC PHYSICIAN, chiropractor, nurse, midwife,
physician  assistant  or  specialist  assistant,  physical therapist, or
optometrist.
  S 19. Subdivision 1 of section 579 of the public health law, as  sepa-
rately  amended  by chapters 397 and 440 of the laws of 2004, is amended
to read as follows:
  1. This title is applicable to all  clinical  laboratories  and  blood
banks operating within the state, except clinical laboratories and blood
banks operated by the federal government and clinical laboratories oper-
ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
tioner or [podiatrist] PODIATRIC PHYSICIAN who performs laboratory tests
or  procedures, personally or through his or her employees, solely as an
adjunct to the treatment of his or  her  own  patients;  to  the  extent
authorized  by  federal  and state law, including the education law, and
consistent with any applicable written practice agreement.
  S 20. Subdivision 1 of section 585 of the public health law, as  added
by chapter 803 of the laws of 1992, is amended to read as follows:
  1.  "Health  services  purveyor"  means any person, firm, partnership,
group, association, corporation  or  professional  corporation,  or  any
agent,  employee, fiduciary, employer or representative thereof, includ-
ing but not limited to  a  physician,  dentist,  [podiatrist]  PODIATRIC
PHYSICIAN,  or  chiropractor, either in individual practice, group prac-
tice or employed in a facility owned by any person, group,  association,
firm,  partnership or corporation hiring any of the aforementioned prac-
titioners, who provide health or health related services.
  S 21. Subdivisions 1 and 3 of section 2801-b of the public health law,
as amended by chapter 605 of the laws of 2008, are amended  to  read  as
follows:
  1. It shall be an improper practice for the governing body of a hospi-
tal to refuse to act upon an application for staff membership or profes-
sional  privileges or to deny or withhold from a physician, [podiatrist]
PODIATRIC PHYSICIAN, optometrist,  dentist  or  licensed  midwife  staff
membership  or  professional  privileges in a hospital, or to exclude or
expel  a  physician,  [podiatrist]  PODIATRIC  PHYSICIAN,   optometrist,
dentist  or  licensed  midwife  from  staff  membership in a hospital or
curtail, terminate or diminish in any way a physician's,  [podiatrist's]
PODIATRIC  PHYSICIAN'S,  optometrist's,  dentist's or licensed midwife's
professional privileges in  a  hospital,  without  stating  the  reasons
therefor, or if the reasons stated are unrelated to standards of patient
care,  patient welfare, the objectives of the institution or the charac-
ter or competency of the applicant. It shall be an improper practice for
a governing body of a hospital to refuse to act upon an  application  or
to  deny or to withhold staff membership or professional privileges to a
[podiatrist] PODIATRIC PHYSICIAN  based  solely  upon  a  practitioner's
category of licensure.
  3.  After  the filing of any such complaint, the public health council
shall make a prompt investigation in connection therewith. In conducting
such investigation, the public health council is authorized  to  receive

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reports  from the governing body of the hospital and the complainant, as
the case may be, and the furnishing of such information  to  the  public
health  council, or by the council to the governing body or complainant,
shall  not  subject  any person or hospital to any action for damages or
other relief. Such information when received by the public health  coun-
cil,  or  its  authorized representative, shall be kept confidential and
shall be used solely for the purposes of this section and  the  improve-
ment  of  the standards of patient care and patient welfare. The records
of such proceedings shall not be admissible as  evidence  in  any  other
action  of  any  kind  in any court or before any other tribunal, board,
agency, or person. If the council shall determine  after  such  investi-
gation that cause exists for crediting the allegations of the complaint,
the  council shall promptly so advise the governing body of the hospital
against which the complaint was made, and shall direct that such govern-
ing body make a review of the actions of such body in denying  or  with-
holding staff membership or professional privileges from the complainant
physician,  [podiatrist]  PODIATRIC  PHYSICIAN,  optometrist, dentist or
licensed midwife or in excluding or expelling  such  physician,  [podia-
trist]  PODIATRIC  PHYSICIAN,  optometrist,  dentist or licensed midwife
from staff membership or in curtailing, terminating or in any way dimin-
ishing   such   physician's,   [podiatrist's]   PODIATRIC   PHYSICIAN'S,
optometrist's,  dentist's  or licensed midwife's professional privileges
in the hospital.
  S 22. Subdivision 1 of section 2803-d of the  public  health  law,  as
amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
follows:
  1. The following persons are required to  report  in  accordance  with
this  section  when  they have reasonable cause to believe that a person
receiving care or services in a residential  health  care  facility  has
been  physically  abused, mistreated or neglected by other than a person
receiving care or services in the facility: any operator or employee  of
such  facility, any person who, or employee of any corporation, partner-
ship, organization or other entity which, is under contract  to  provide
patient care services in such facility, and any nursing home administra-
tor,   physician,  medical  examiner,  coroner,  physician's  associate,
specialist's assistant,  osteopath,  chiropractor,  physical  therapist,
occupational  therapist, registered professional nurse, licensed practi-
cal nurse, dentist, [podiatrist] PODIATRIC PHYSICIAN, optometrist, phar-
macist, psychologist, licensed master social worker,  licensed  clinical
social worker, speech pathologist and audiologist.
  S  23.  Section 2805-k of the public health law, as amended by chapter
485 of the laws of 1986, paragraph (f) of subdivision 1  as  amended  by
chapter  477  of  the laws of 2008 and paragraph (g) of subdivision 1 as
relettered by chapter 786 of the laws of 1992, is  amended  to  read  as
follows:
  S 2805-k. Investigations prior to granting or renewing privileges.  1.
Prior  to granting or renewing professional privileges or association of
any physician, dentist or [podiatrist] PODIATRIC PHYSICIAN or  hiring  a
physician,  dentist  or  [podiatrist] PODIATRIC PHYSICIAN, a hospital or
facility approved pursuant to this article shall request from the physi-
cian, dentist or [podiatrist] PODIATRIC  PHYSICIAN  and  the  physician,
dentist or [podiatrist] PODIATRIC PHYSICIAN shall be required to provide
the following information:
  (a)  The  name of any hospital or facility with or at which the physi-
cian, dentist or [podiatrist] PODIATRIC PHYSICIAN had or has any associ-
ation, employment, privileges or practice;

A. 4850                             9

  (b) Where such association,  employment,  privilege  or  practice  was
discontinued, the reasons for its discontinuation;
  (c)  Any  pending professional medical, dental or podiatric misconduct
proceedings or any pending medical malpractice actions in this state  or
another  state,  the substance of the allegations in such proceedings or
actions, and any additional information concerning such  proceedings  or
actions  as  the  physician, dentist or [podiatrist] PODIATRIC PHYSICIAN
may deem appropriate;
  (d) The substance of the findings in such actions or  proceedings  and
any additional information concerning such actions or proceedings as the
physician,  dentist  or [podiatrist] PODIATRIC PHYSICIAN may deem appro-
priate;
  (e) A waiver by  the  physician,  dentist  or  [podiatrist]  PODIATRIC
PHYSICIAN  of  any confidentiality provisions concerning the information
required to be provided to hospitals pursuant to this subdivision; [and]
  (f) Documentation that the physician, dentist or  [podiatrist]  PODIA-
TRIC  PHYSICIAN has completed the course work or training as mandated by
section two hundred thirty-nine of this chapter or section six  thousand
five  hundred  five-b of the education law. A hospital or facility shall
not grant or renew professional privileges or association  to  a  physi-
cian, dentist, or [podiatrist] PODIATRIC PHYSICIAN who has not completed
such course work or training[.]; AND
  (g) A verification by the physician, dentist or [podiatrist] PODIATRIC
PHYSICIAN  that  the  information  provided by the physician, dentist or
[podiatrist] PODIATRIC PHYSICIAN is true and accurate.
  2. Prior to granting  privileges  or  association  to  any  physician,
dentist  or  [podiatrist]  PODIATRIC  PHYSICIAN,  or hiring a physician,
dentist or [podiatrist] PODIATRIC PHYSICIAN, any  hospital  or  facility
approved  pursuant  to this article shall request from any hospital with
or at which such physician, dentist or [podiatrist] PODIATRIC  PHYSICIAN
had  or  has  privileges, was associated, or was employed, the following
information concerning such physician, dentist or [podiatrist] PODIATRIC
PHYSICIAN:
  (a) Any pending professional medical conduct proceedings or any  pend-
ing medical malpractice actions, in this state or another state;
  (b) Any judgment or settlement of a medical malpractice action and any
finding of professional misconduct in this state or another; and
  (c)  Any  information required to be reported by hospitals pursuant to
section twenty-eight hundred three-e of this article AS ADDED BY CHAPTER
EIGHT HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY.
  3. If requested by the department, a hospital shall provide documenta-
tion that, prior to granting  privileges,  association  or  employing  a
physician,  dentist or [podiatrist] PODIATRIC PHYSICIAN, it has complied
with the requirements of subdivisions one and two of  this  section  and
that,  prior  to  renewing privileges, association or employment, it has
complied with the requirements  of  subdivision  one  of  this  section.
Copies  of the information and documentation required pursuant to subdi-
visions one and two of this section shall be placed in the  physician's,
dentist's  or  [podiatrist's] PODIATRIC PHYSICIAN'S personnel or creden-
tials file maintained by the hospital.
  4.  Any hospital which receives a request for information from another
hospital pursuant to subdivision  one  or  two  of  this  section  shall
provide  such  information  concerning the physician, dentist or [podia-
trist] PODIATRIC PHYSICIAN in question to the extent such information is
known to the hospital receiving such a request,  including  the  reasons
for  suspension, termination, curtailment of employment or privileges at

A. 4850                            10

the hospital. Any hospital or hospital employee providing such  informa-
tion  in  good  faith  shall  not  be liable in any civil action for the
release of such information.
  S  24.  Subdivision  29  of  section 3302 of the public health law, as
amended by chapter 163 of the laws of 1973 and as renumbered by  chapter
537 of the laws of 1998, is amended to read as follows:
  29. "Practitioner" means:
  A  physician, dentist, [podiatrist] PODIATRIC PHYSICIAN, veterinarian,
scientific investigator, or other person licensed, or otherwise  permit-
ted  to  dispense,  administer  or  conduct  research  with respect to a
controlled substance in the course of a licensed  professional  practice
or  research  licensed  pursuant to this article.   Such person shall be
deemed a "practitioner" only as to such substances, or conduct  relating
to  such substances, as is permitted by his license, permit or otherwise
permitted by law.
  S 25. Paragraph (a) of subdivision 4 of section  3515  of  the  public
health  law,  as added by chapter 175 of the laws of 2006, is amended to
read as follows:
  (a) a student enrolled in or attending a school or  college  of  medi-
cine, osteopathy, dentistry, podiatry, chiropractic, or radiologic tech-
nology  who  applies  radiation to a human being, while under the direct
supervision of a licensed  physician,  dentist,  [podiatrist]  PODIATRIC
PHYSICIAN, chiropractor, or radiologic technologist respectively;
  S  26.  Paragraph  (l) of subdivision 2 of section 365-a of the social
services law, as amended by chapter 81 of the laws of 1995,  is  amended
to read as follows:
  (l) care and services of [podiatrists] PODIATRIC PHYSICIANS which care
and  services shall only be provided upon referral by a physician, nurse
practitioner or certified nurse midwife in accordance with  the  program
of  early  and  periodic screening and diagnosis established pursuant to
subdivision three of this section or to persons  eligible  for  benefits
under  title XVIII of the federal social security act as qualified medi-
care beneficiaries in accordance with federal requirements therefor  and
private  duty  nurses  which care and services shall only be provided in
accordance with regulations of  the  department  of  health;  [provided,
however, that private duty nursing services shall not be restricted when
such  services  are  more  appropriate  and  cost-effective than nursing
services provided by a home health  agency  pursuant  to  section  three
hundred sixty-seven-l;]
  S  27.  Paragraph  (e) of subdivision 5 of section 365-g of the social
services law, as amended by chapter 41 of the laws of 1992,  is  amended
to read as follows:
  (e) on  a  fee-for-services  basis to in-patients in general hospitals
certified under article twenty-eight of the public health law or article
thirty-one of the mental hygiene law and residential health care facili-
ties,  with  the  exception  of  [podiatrists']  PODIATRIC   PHYSICIANS'
services;
  S  28.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
services law, as separately amended by chapters 323 and 366 of the  laws
of 2008, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person

A. 4850                            11

legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist; chiropractor; [podiatrist] PODIATRIC PHYSICIAN;
resident; intern; psychologist; registered nurse; social  worker;  emer-
gency  medical  technician;  licensed  creative arts therapist; licensed
marriage  and  family  therapist;  licensed  mental  health   counselor;
licensed  psychoanalyst;  hospital  personnel  engaged in the admission,
examination, care or treatment of persons; a Christian  Science  practi-
tioner;  school  official,  which  includes but is not limited to school
teacher, school guidance counselor, school psychologist,  school  social
worker,  school  nurse,  school  administrator or other school personnel
required to hold a teaching or administrative  license  or  certificate;
social  services  worker;  day care center worker; school-age child care
worker; provider of family or group family day care; employee or  volun-
teer  in  a  residential  care  facility  defined in subdivision four of
section four hundred twelve-a of this title or any other child  care  or
foster  care worker; mental health professional; substance abuse counse-
lor; alcoholism counselor; all persons credentialed  by  the  office  of
alcoholism  and substance abuse services; peace officer; police officer;
district attorney or assistant district attorney; investigator  employed
in the office of a district attorney; or other law enforcement official.
  S 29. Paragraph 2 of subdivision (a) of section 1212-A of the tax law,
as  amended  by  chapter  200 of the laws of 2009, is amended to read as
follows:
  (2) a tax, at the same uniform rate, but at a rate not to exceed  four
and  one-half per centum, in multiples of one-half of one per centum, on
the receipts from every sale of the following services: beauty,  barber-
ing,  hair  restoring,  manicuring,  pedicuring,  electrolysis,  massage
services and similar services, and every  sale  of  services  by  weight
control  salons,  health  salons, gymnasiums, turkish and sauna bath and
similar establishments and every charge for the use of such  facilities,
whether or not any tangible personal property is transferred in conjunc-
tion  therewith;  but excluding services rendered by a physician, osteo-
path, dentist, nurse, physiotherapist, chiropractor, [podiatrist] PODIA-
TRIC PHYSICIAN, optometrist, ophthalmic dispenser or a person performing
similar services licensed under title VIII  of  the  education  law,  as
amended,  and  excluding  such services when performed on pets and other
animals.
  S 30. Subdivision 4 of section 404-a of the vehicle and  traffic  law,
as amended by chapter 686 of the laws of 1994, the opening paragraph 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]
PODIATRIC PHYSICIAN 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.

A. 4850                            12

  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] PODIATRIC PHYSICIAN 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.
  S 31. Subdivision 4-a of section 404-a of the vehicle and traffic law,
as  added  by  chapter  686  of  the laws of 1994, is amended to read as
follows:
  4-a.  Certification  of  disability  by   a   [podiatrist]   PODIATRIC
PHYSICIAN.  A [podiatrist] PODIATRIC PHYSICIAN duly licensed to practice
podiatry in this state may certify only those conditions which he or she
treats  in the course of the practice of podiatry, as defined by section
[seventy hundred] SEVEN THOUSAND one of the education law.
  S 32. 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] PODIATRIC PHYSICIAN pursuant to subdivision four-a 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 33. Subdivision (c) of section 1204 of the limited liability company
law is amended to read as follows:
  (c)  Each report, diagnosis, prognosis and prescription made or issued
by a professional service limited liability company practicing medicine,
dentistry, podiatry, optometry, ophthalmic dispensing, veterinary  medi-
cine,  pharmacy,  nursing,  psychology, physical therapy or chiropractic
shall bear the signature of one or more  physicians,  dentists,  [podia-
trists]   PODIATRIC  PHYSICIANS,  optometrists,  ophthalmic  dispensers,
veterinarians, pharmacists,  nurses,  licensed  psychologists,  physical
therapists or chiropractors, respectively, who are in responsible charge
of such report, diagnosis, prognosis or prescription.
  S 34. Subdivision (c) of section 1302 of the limited liability company
law is amended to read as follows:
  (c)  Each report, diagnosis, prognosis and prescription made or issued
by a foreign professional service limited liability  company  practicing
medicine, dentistry, podiatry, optometry, ophthalmic dispensing, veteri-

A. 4850                            13

nary  medicine,  pharmacy,  nursing,  psychology,  physical  therapy  or
chiropractic shall  bear  the  signature  of  one  or  more  physicians,
dentists,  [podiatrists]  PODIATRIC PHYSICIANS, optometrists, ophthalmic
dispensers,  veterinarians, pharmacists, nurses, licensed psychologists,
physical therapists or chiropractors, respectively, who are in responsi-
ble charge of such report, diagnosis, prognosis or prescription.
  S 35. Subdivision 48 of section 1.03 of the  mental  hygiene  law,  as
added by chapter 223 of the laws of 1992, is amended to read as follows:
  48. "Practitioner"  shall  mean  a  physician,  dentist,  [podiatrist]
PODIATRIC PHYSICIAN, veterinarian,  scientific  investigator,  or  other
person  licensed,  or  otherwise  permitted  to  dispense, administer or
conduct research with respect to a controlled substance in the course of
a licensed professional practice or research licensed pursuant  to  this
article.  Such  person  shall be deemed a "practitioner" only as to such
substances, or conduct relating to such substances, as is  permitted  by
his license, permit or otherwise permitted by law.
  S 36. Section 50-d of the general municipal law, as amended by chapter
82  of the laws of 1963 and subdivision 3 as added by chapter 673 of the
laws of 1979, is amended to read as follows:
  S 50-d. Municipal liability for  malpractice  of  certain  physicians,
resident  physicians, internes, dentists, [podiatrists] PODIATRIC PHYSI-
CIANS and optometrists in public institutions.  1.  Notwithstanding  any
inconsistent  provision of law, general, special or local, or limitation
contained in the provisions of any city charter, every municipal  corpo-
ration  shall  be  liable  for,  and  shall assume the liability, to the
extent that it shall save  him  harmless,  of  any  resident  physician,
physician, interne, dentist, [podiatrist] PODIATRIC PHYSICIAN or optome-
trist  rendering  medical, dental, podiatry or optometry services of any
kind to a person without receiving compensation from such  person  in  a
public  institution  maintained  in  whole  or  in part by the municipal
corporation, or in the course of a home care service maintained by  such
public  institution,  for  damages for personal injuries alleged to have
been sustained by such person by reason of the malpractice of such resi-
dent physician,  physician,  interne,  dentist,  [podiatrist]  PODIATRIC
PHYSICIAN  or  optometrist  while  engaged  in  the  rendition  of  such
services. Every such resident physician,  physician,  interne,  dentist,
[podiatrist]  PODIATRIC PHYSICIAN or optometrist for the purpose of this
section, shall be  deemed  an  employee  of  the  municipal  corporation
notwithstanding  that the municipal corporation derived no special bene-
fit in its corporate capacity.
  2. No action shall be maintained under this section against such muni-
cipality, resident physician, physician, interne, dentist,  [podiatrist]
PODIATRIC  PHYSICIAN  or optometrist unless a notice of claim shall have
been made and served in compliance with section fifty-e of  this  [chap-
ter]  ARTICLE.  Every  such  action  shall  be commenced pursuant to the
provisions of section fifty-i of this [chapter] ARTICLE.
  3. The provisions of this section shall not apply to the city  of  New
York.
  S  37.  Paragraph 2 of subsection (i) of section 3216 of the insurance
law is amended to read as follows:
  (2) If a policy provides for reimbursement for any podiatrical service
within the lawful scope of practice of a licensed [podiatrist] PODIATRIC
PHYSICIAN, the insured shall  be  entitled  to  reimbursement  for  such
service  whether it is performed by a physician or licensed [podiatrist]
PODIATRIC PHYSICIAN.

A. 4850                            14

  S 38. Subparagraph (B) of paragraph 4 of  subsection  (f)  of  section
4235 of the insurance law is amended to read as follows:
  (B)  any podiatrical service which is within the lawful scope of prac-
tice of a licensed [podiatrist] PODIATRIC  PHYSICIAN,  a  subscriber  to
such policy shall be entitled to reimbursement for such service, whether
the  said  service  is performed by a physician or licensed [podiatrist]
PODIATRIC PHYSICIAN and when such policy or any certificate issued ther-
eunder is delivered or issued for delivery  without  this  state  by  an
authorized  insurer,  covered  persons  residing  in this state shall be
entitled to reimbursement for podiatric services as herein provided;
  S 39. Subparagraph (D) of paragraph 1 of  subsection  (b)  of  section
4301 of the insurance law is amended to read as follows:
  (D) podiatrical care provided through licensed [podiatrists] PODIATRIC
PHYSICIANS,
  S  40.  Paragraph 3 of subsection (b) of section 4301 of the insurance
law, as amended by chapter 593 of the laws of 2000, is amended  to  read
as follows:
  (3)  Every  medical expense indemnity corporation shall be open to the
participation of licensed physicians,  [podiatrists,]  PODIATRIC  PHYSI-
CIANS,  chiropractors,  optometrists,  physical  and occupational thera-
pists, speech-language pathologists, audiologists, and dentists,  certi-
fied and registered psychologists without discrimination against schools
of  medical  practice, podiatry practice, chiropractic practice, optome-
tric practice, physical and occupational therapy practice, dental  prac-
tice, speech-language pathology practice (subject to the permitted limi-
tations  of  paragraph  one  of  this  subsection),  audiology  practice
(subject  to  the  permitted  limitations  of  paragraph  one  of   this
subsection), and psychological training as defined in the education law.
  S  41. Subsection (b) of section 5501 of the insurance law, as amended
by chapter 522 of the laws of 1987, is amended to read as follows:
  (b) "Medical malpractice  insurance"  means  insurance  against  legal
liability  of the insured, and against loss, damage, or expense incident
to a claim of such liability arising out of the death or injury  of  any
person  due  to medical, dental, podiatric, certified nurse-midwifery or
hospital malpractice by any licensed  physician,  dentist,  [podiatrist]
PODIATRIC PHYSICIAN, certified nurse-midwife, certified registered nurse
anesthetist or hospital.
  S  42. Subsection (d) of section 5502 of the insurance law, as amended
by chapter 147 of the laws of 2000, is amended to read as follows:
  (d) Upon dissolution, the association shall  not  resume  underwriting
operations for physicians, dentists, [podiatrists] PODIATRIC PHYSICIANS,
certified nurse-midwives, certified registered nurse anesthetists or for
hospitals  respectively,  until  the  superintendent, after consultation
with the commissioner of health, has determined that medical malpractice
insurance is not readily available  for  physicians,  dentists,  [podia-
trists] PODIATRIC PHYSICIANS, certified nurse-midwives, certified regis-
tered  nurse  anesthetists  or for hospitals, as the case may be, in the
voluntary market and has approved or promulgated a new  plan  of  opera-
tion. If the superintendent determines during such period that insurance
is  readily  available for physicians, dentists, [podiatrists] PODIATRIC
PHYSICIANS, certified nurse-midwives, certified registered nurse anesth-
etists or for hospitals, as the case may be, in  the  voluntary  market,
the  superintendent  shall not authorize its underwriting operations for
the respective categories.

A. 4850                            15

  S 43. Paragraph 1 of subsection (e) of section 5502 of  the  insurance
law,  as  amended by chapter 510 of the laws of 1988, is amended to read
as follows:
  (1)  To  issue,  or  to  cause  to be issued, policies of insurance to
physician,  dentist  and  [podiatrist]  PODIATRIC  PHYSICIAN  applicants
subject   to  primary  limits  specified in the plan of operation not in
excess of one million dollars for each claimant  under  one  policy  and
three  million  dollars  for  all  claimants under one policy in any one
year, and excess coverage as provided in this paragraph. Each applicant
shall be entitled to purchase a policy providing primary limits  not  to
exceed  one  million dollars for each claimant and three million dollars
for all claimants in any one year. In addition, any applicant insured by
the association in an amount  equal  to  or  greater  than  one  million
dollars  for  each  claimant and three million dollars for all claimants
in any one year, or any other applicant covered under a policy or  poli-
cies  providing  such primary levels of insurance  against liability for
medical, dental  or podiatric malpractice that is issued by  an  author-
ized  insurer,  shall  be entitled to purchase a policy from the associ-
ation providing excess coverage of at  least  one  million  dollars  per
claimant  and  three million dollars for all claimants in any one year.
The association shall, subject to the approval  of  the  superintendent,
make  available,  and  if requested by the applicant, provide additional
excess coverage in an amount  requested by such applicant. With  respect
to  the coverage  required to be made available on and after July first,
nineteen hundred eighty-five by this paragraph, the superintendent shall
establish  and promulgate rates to be charged for such  excess  coverage
and   additional  excess coverage and shall require that the association
accept payment for such coverage from  the  hospital   excess  liability
pool pursuant to a payment schedule that  is consistent with the receipt
of  funds by such pool from the hospital reimbursement system. Rates for
excess coverage and additional excess coverage shall not be subject   to
the stabilization reserve fund charge established  by section five thou-
sand five hundred nine of this article.
  S  44. Subsection (c) of section 5505 of the insurance law, as amended
by chapter 522 of the laws of 1987, is amended to read as follows:
  (c) The association's rates, rating plans,  rating  rules  and  rating
classifications  may  provide  for  premium  discounts  for  physicians,
dentists, certified nurse-midwives, certified registered nurse  anesthe-
tists  or  [podiatrists]  PODIATRIC  PHYSICIANS  commencing  practice or
conducting a limited practice as set forth in the plan of operation.
  S 45. Subsection (a) of section 5506 of the insurance law, as  amended
by chapter 522 of the laws of 1987, is amended to read as follows:
  (a) Any licensed physician, dentist, [podiatrist] PODIATRIC PHYSICIAN,
certified  nurse-midwife,  certified  registered  nurse  anesthetist  or
hospital is entitled to apply to the association for  coverage  pursuant
to  this article. Application may be made directly to the association by
the applicant, in which event no service fee shall be  charged.  If  the
applicant authorizes a broker or agent to make the application, the only
charge for such service shall be a service fee as limited by the plan of
operation   and   in   compliance  with  the  procedure  established  in
subsections (c) and (d) of section two thousand one hundred nineteen  of
this chapter.
  S  46.  Paragraph (c) of section 1504 of the business corporation law,
as added by chapter 974 of the laws of  1970,  is  amended  to  read  as
follows:

A. 4850                            16

  (c) Each report, diagnosis, prognosis, and prescription made or issued
by  a  corporation  practicing medicine, dentistry, podiatry, optometry,
ophthalmic dispensing, veterinary medicine, pharmacy, nursing, physioth-
erapy or chiropractic shall bear the signature of  one  or  more  physi-
cians,   dentists,  [podiatrists]  PODIATRIC  PHYSICIANS,  optometrists,
ophthalmic dispensers, veterinarians, pharmacists, nurses,  physiothera-
pists,  or chiropractors, respectively, who are in responsible charge of
such report, diagnosis, prognosis, or prescription.
  S 47. Paragraph (c) of section 1526 of the business  corporation  law,
as  added  by  chapter  505  of  the laws of 1983, is amended to read as
follows:
  (c) Each report, diagnosis, prognosis, and prescription made or issued
by a  foreign  professional  service  corporation  practicing  medicine,
dentistry,  podiatry, optometry, ophthalmic dispensing, veterinary medi-
cine, pharmacy, nursing, physiotherapy or chiropractic  shall  bear  the
signature  of  one or more physicians, dentists, [podiatrists] PODIATRIC
PHYSICIANS, optometrists, ophthalmic dispensers, veterinarians,  pharma-
cists, nurses, physiotherapists, or chiropractors, respectively, who are
in   responsible   charge  of  such  report,  diagnosis,  prognosis,  or
prescription.
  S 48. Paragraphs 1 and 3 of subdivision (a)  and  subdivision  (e)  of
section  3012-a of the civil practice law and rules, as amended by chap-
ter 507 of the laws of 1987, are amended to read as follows:
  (1) the attorney has reviewed the facts of the case and has  consulted
with at least one physician in medical malpractice actions, at least one
dentist  in  dental  malpractice  actions  or  at least one [podiatrist]
PODIATRIC PHYSICIAN in podiatric malpractice actions who is licensed  to
practice  in  this state or any other state and who the attorney reason-
ably believes is knowledgeable in the relevant issues  involved  in  the
particular  action,  and that the attorney has concluded on the basis of
such review and consultation that there is a reasonable  basis  for  the
commencement of such action; or
  (3)  the  attorney  was  unable to obtain the consultation required by
paragraph one of this subdivision because the attorney  had  made  three
separate good faith attempts with three separate physicians, dentists or
[podiatrists] PODIATRIC PHYSICIANS, in accordance with the provisions of
paragraph  one  of this subdivision to obtain such consultation and none
of those contacted would agree to such a consultation.
  (e) For purposes of this section, and subject  to  the  provisions  of
section  thirty-one hundred one of this chapter, an attorney who submits
a certificate as required by paragraph one or two of subdivision (a)  of
this section and the physician, dentist or [podiatrist] PODIATRIC PHYSI-
CIAN  with whom the attorney consulted shall not be required to disclose
the identity of the physician, dentist or [podiatrist] PODIATRIC  PHYSI-
CIAN consulted and the contents of such consultation; provided, however,
that  when  the attorney makes a claim under paragraph three of subdivi-
sion (a) of this section that he  was  unable  to  obtain  the  required
consultation  with  the  physician,  dentist  or  [podiatrist] PODIATRIC
PHYSICIAN, the court may, upon the request of a defendant made prior  to
compliance  by  the  plaintiff with the provisions of section thirty-one
hundred ONE of this chapter, require the  attorney  to  divulge  to  the
court  the  names  of  physicians,  dentists  or [podiatrists] PODIATRIC
PHYSICIANS refusing such consultation.
  S 49. The section heading and subdivision (b) of section 4504  of  the
civil  practice  law and rules, as amended by chapter 457 of the laws of
1991, are amended to read as follows:

A. 4850                            17

  Physician, dentist, [podiatrist] PODIATRIC PHYSICIAN, chiropractor and
nurse.
  (b)  Identification  by dentist; crime committed against patient under
sixteen. A dentist shall be required to disclose  information  necessary
for  identification  of  a  patient.  A physician, dentist, [podiatrist]
PODIATRIC PHYSICIAN, chiropractor or nurse shall be required to disclose
information indicating that a patient who is under the  age  of  sixteen
years has been the victim of a crime.
  S  50.  The  opening  paragraph of section 396-d of the county law, as
added by chapter 1005 of the  laws  of  1969,  is  amended  to  read  as
follows:
  Whenever  a medical assistance clinic has been established as provided
in this article, all medical assistance pursuant to title two of article
five of the social services law may be given at such  clinic  under  the
supervision  of the head of such clinic to those eligible persons elect-
ing to utilize the facilities of such clinic. The services of  qualified
physicians,  dentists,  nurses,  optometrists,  [podiatrists]  PODIATRIC
PHYSICIANS and other related professional personnel shall be made avail-
able at such clinic.
  S 51. Subparagraph (iii) of paragraph (d) of subdivision 3 of  section
13-c  of  the  workers' compensation law, as added by chapter 803 of the
laws of 1983, is amended to read as follows:
  (iii) When physical therapy care is required it shall be rendered by a
duly licensed physical therapist upon the referral which may  be  direc-
tive  as  to treatment of an authorized physician or [podiatrist] PODIA-
TRIC PHYSICIAN within the scope of such physical therapist's specialized
training and qualifications as defined in article one hundred thirty-six
of the education law. Reports of such treatment and records of  instruc-
tion  for  treatment, if any, shall be maintained by the physical thera-
pist and referring professional and submitted to the  chairman  on  such
forms and at such times as the chairman may require.
  S  52. Subparagraph (iii) of paragraph (d) of subdivision 4 of section
13-c of the workers' compensation law, as added by chapter  362  of  the
laws of 1986, is amended to read as follows:
  (iii) When physical therapy care is required it shall be rendered by a
duly  licensed  physical therapist upon the referral which may be direc-
tive as to treatment of an authorized physician or  [podiatrist]  PODIA-
TRIC PHYSICIAN within the scope of such physical therapist's specialized
training and qualifications as defined in article one hundred thirty-six
of the education law.  Reports of such treatment and records of instruc-
tion  for  treatment, if any, shall be maintained by the physical thera-
pist and referring professional and submitted to the [chairman of] CHAIR
ON such forms and at such times as the chairman may require.
  S 53. The opening paragraph of subdivision  1  and  subdivision  5  of
section  13-g of the workers' compensation law, the opening paragraph of
subdivision 1 as amended by chapter 674 of the laws of 1994 and subdivi-
sion 5 as amended by chapter 578 of the laws of  1959,  are  amended  to
read as follows:
  Within  forty-five days after a bill has been rendered to the employer
by the hospital, physician or  self-employed  physical  or  occupational
therapist  who  has  rendered  treatment pursuant to a referral from the
injured  employee's  authorized  physician  or  authorized  [podiatrist]
PODIATRIC PHYSICIAN for treatment to the injured employee, such employer
must  pay  the  bill  or notify the hospital, physician or self-employed
physical or occupational therapist in writing that the bill is not being
paid and explain the reasons for non-payment.  In  the  event  that  the

A. 4850                            18

employer  fails  to  make  payment  or notify the hospital, physician or
self-employed physical or occupational therapist within such  forty-five
day  period  that  payment  is  not being made, the hospital, physician,
self-employed physical therapist or self-employed occupational therapist
may  notify  the  chair  in  writing that the bill has not been paid and
request that the board make an award for payment of such bill. 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 after
said forty-five day period or thirty days after all other questions duly
and timely raised in accordance with the  provisions  of  this  chapter,
relating  to  the  employer's  liability for the payment of such amount,
shall have been finally determined adversely to the employer,  whichever
is  later,  in  accordance with rules promulgated by the chair, and such
award may be collected in like manner as an award of  compensation.  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 treasury.
  (5)  In claims where the employer has failed to secure compensation to
his employees as required by section fifty of this  chapter,  the  board
may  make  an  award  for  the value of medical and podiatry services or
treatment rendered to such employees, in accordance with  the  schedules
of  fees  and  charges  prepared and established under the provisions of
[section  thirteen,]  subdivision  [a]  (A)  OF  SECTION  THIRTEEN,  and
[section  thirteen-k,]  subdivision two[,] OF SECTION THIRTEEN-K of this
[chapter] ARTICLE, and for the reasonable  value  of  hospital  care  in
accordance  with the charges currently in force in hospitals in the same
community for cases coming within the provisions of this chapter.   Such
award  shall be made to the physician, [podiatrist] PODIATRIC PHYSICIAN,
or hospital entitled thereto. A default in the payment of such award may
be enforced in the manner provided for the enforcement  of  compensation
awards as set forth in section twenty-six of this [chapter] ARTICLE.
  In all cases coming under this subdivision the payment of the claim of
the   physician,  [podiatrist]  PODIATRIC  PHYSICIAN,  or  hospital  for
medical, podiatry, or surgical services or treatment shall  be  subordi-
nate to that of the claimant or his beneficiaries.
  S 54. Section 13-k of the workers' compensation law, as added by chap-
ter  787  of  the  laws  of 1952, subdivisions 2, 3 and 10 as amended by
chapter 473 of the laws of 2000, subdivision 5 as amended by chapter 539
of the laws of 1964, subdivision 6 as amended by chapter 639 of the laws
of 1996, subdivision 12 as amended by chapter 498 of the  laws  of  1982
and  subdivision  13  as  added  by  chapter 803 of the laws of 1983, is
amended to read as follows:
  S 13-k. Care and treatment  of  injured  employees  by  duly  licensed
[podiatrists]  PODIATRIC  PHYSICIANS.    1.  When the term "chairman" is
[hereinafter] used IN THIS SECTION, it  shall  be  deemed  to  mean  the
chairman  of the [workmen's] WORKERS' compensation board of the state of
New York.
  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this article, when care is required for an injury to
the foot which injury or resultant condition therefrom may  lawfully  be
treated  by a duly registered and licensed [podiatrist] PODIATRIC PHYSI-
CIAN of the state of New York, may  select  to  treat  him  or  her  any
[podiatrist]  PODIATRIC  PHYSICIAN  authorized  by  the  chair to render
podiatry care, as hereinafter provided. If the injury  or  condition  is
one  which  is  without  the  limits prescribed by the education law for
podiatry care and treatment, or the injuries involved affect other parts

A. 4850                            19

of the body in addition to the foot,  the  said  [podiatrist]  PODIATRIC
PHYSICIAN  must  so advise the said injured employee and instruct him or
her to consult a physician of said  employee's  choice  for  appropriate
care and treatment. Such physician shall thenceforth have overall super-
vision  of  the treatment of said patient including the future treatment
to be administered to the patient by the [podiatrist]  PODIATRIC  PHYSI-
CIAN.  If  for  any reason during the period when podiatry treatment and
care is required, the employee wishes to transfer his or  her  treatment
and  care  to  another authorized [podiatrist] PODIATRIC PHYSICIAN he or
she may do so,  in  accordance  with  rules  prescribed  by  the  chair,
provided  however  that the employer shall be liable for the proper fees
of the original [podiatrist] PODIATRIC PHYSICIAN for the care and treat-
ment he or she shall have rendered. A [podiatrist]  PODIATRIC  PHYSICIAN
licensed  and  registered  to practice podiatry in the state of New York
who is desirous of being authorized to render podiatry care  under  this
section and/or to conduct independent medical examinations in accordance
with  paragraph  (b)  of subdivision three of this section shall file an
application for authorization under this section with the podiatry prac-
tice committee.  In such application he or she shall  agree  to  refrain
from  subsequently  treating for remuneration, as a private patient, any
person seeking podiatry  treatment,  or  submitting  to  an  independent
medical  examination,  in connection with, or as a result of, any injury
compensable under this chapter, if he or she has been removed  from  the
list of [podiatrists] PODIATRIC PHYSICIANS authorized to render podiatry
care  or to conduct independent medical examinations under this chapter,
or if the person seeking such treatment has been transferred from his or
her care in accordance with the provisions of this section. This  agree-
ment  shall run to the benefit of the injured person so treated or exam-
ined, and shall be available to him or her as a defense in any action by
such [podiatrist] PODIATRIC PHYSICIAN for payment for treatment rendered
by a [podiatrist] PODIATRIC PHYSICIAN after he or she has  been  removed
from the list of [podiatrists] PODIATRIC PHYSICIANS authorized to render
podiatry  care or to conduct independent medical examinations under this
section, or after the injured person was transferred  from  his  or  her
care  in  accordance  with  the provisions of this section. The podiatry
practice committee if it  deems  such  licensed  [podiatrist]  PODIATRIC
PHYSICIAN  duly qualified shall recommend to the chair that such [podia-
trist] PODIATRIC PHYSICIAN be authorized to render podiatry care  and/or
to  conduct  independent  medical  examinations under this section. Such
recommendation 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 podiatry treatment and care, 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
podiatry  practice  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 podiatry care to be rendered under this chapter, 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.
  3. (a) No claim for podiatry care or  treatment  shall  be  valid  and
enforceable  as  against  the  employer or employee unless within forty-
eight hours following the first  treatment  the  [podiatrist]  PODIATRIC
PHYSICIAN  giving  such  care  or  treatment furnish to the employer and

A. 4850                            20

directly to the chair a preliminary notice of such injury and treatment,
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 give such notices within
the designated periods when it finds it to be in the interest of justice
to do so.
  (b) Upon receipt of the notice provided for by paragraph (a)  of  this
subdivision,  the  employer,  the carrier and the claimant each shall be
entitled to have the  claimant  examined  by  a  qualified  [podiatrist]
PODIATRIC  PHYSICIAN authorized by the chair in accordance with subdivi-
sion two of this section and section one hundred  thirty-seven  of  this
chapter,  at  a  medical  facility convenient to the claimant and in the
presence of the claimant's [podiatrist] PODIATRIC PHYSICIAN, and refusal
by the claimant to submit to such  independent  medical  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.
  (c) Where it would place an unreasonable burden upon the  employer  or
carrier  to  arrange  for, or for the claimant to attend, an independent
medical examination by an authorized [podiatrist]  PODIATRIC  PHYSICIAN,
the  employer  or  carrier  shall  arrange  for  such  examination to be
performed by a qualified [podiatrist] PODIATRIC PHYSICIAN in  a  medical
facility convenient to the claimant.
  (d)  The independent podiatric examiner shall provide such reports and
shall submit to investigation as required by the chair.
  (e) In order to qualify as admissible medical evidence,  for  purposes
of  adjudicating  any  claim under this chapter, any report submitted to
the board by an independent podiatric examiner licensed by the state  of
New York shall include the following:
  (i) a signed statement certifying that the report is a full and truth-
ful  representation of the independent podiatric examiner's professional
opinion with respect to the claimant's condition,
  (ii) such examiner's board issued authorization number,
  (iii) the name of the individual or entity requesting the examination,
  (iv) if applicable, the registration number  as  required  by  section
thirteen-n of this article, and
  (v) such other information as the chair may require by regulation.
  4.  Fees for podiatry services shall be payable only to a duly author-
ized [podiatrist] PODIATRIC PHYSICIAN as defined in this section  or  to
the  agent, executor or administrator of the estate of such [podiatrist]
PODIATRIC PHYSICIAN.   No  [podiatrist]  PODIATRIC  PHYSICIAN  rendering
treatment  to  a  compensation  claimant, shall collect or receive a fee
from such claimant within  this  state,  but  shall  have  recourse  for
payment  of  services rendered only to the employer under the provisions
of this section.
  5. Whenever his attendance at a hearing is required, the  [podiatrist]
PODIATRIC PHYSICIAN of the injured employee shall be entitled to receive
a  fee from the employer in an amount to be fixed by the board, in addi-
tion to any fee payable under section eight thousand one  of  the  civil
practice law and rules.
  6.  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

A. 4850                            21

made  for payment of such bill, shall be applicable to bills rendered by
a [podiatrist] PODIATRIC PHYSICIAN for services rendered to  an  injured
employee.  If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant such value shall be decided by
an  arbitration  committee  consisting  of  three  duly  registered  and
licensed [podiatrists] PODIATRIC PHYSICIANS who are members of a  recog-
nized  professional  association  representing  [podiatrists]  PODIATRIC
PHYSICIANS in the state of New York, one to be appointed by  the  presi-
dent  of  such  an  association,  one to be appointed by the employer or
carrier and one to be appointed by the chair  of  the  workers'  compen-
sation  board  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 estab-
lished fee schedules for any such bill or  part  thereof  which  remains
unpaid  in the same manner as an award for bills rendered under subdivi-
sions one and three of section thirteen-g  of  this  article,  and  such
award  may  be  collected  in like manner as an [aware] AWARD of compen-
sation.
  Where a [podiatrist's] PODIATRIC PHYSICIAN'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 (1 1/2%) per month payable to the [podia-
trist] PODIATRIC PHYSICIAN in accordance 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 treasury.
  A  provider  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 arbitration.
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.  Each
member of the arbitration committee shall be  entitled  to  receive  and
shall  be paid a fee for each day's attendance at an arbitration session
in an amount fixed by the chair of the [workers' compensation] board.
  7. Within the limits prescribed by the education law for podiatry care
and treatment, the report or testimony  of  an  authorized  [podiatrist]
PODIATRIC  PHYSICIAN  concerning the condition of the foot of an injured
employee and the treatment thereof shall be  deemed  competent  evidence
and  the professional opinion of the [podiatrist] PODIATRIC PHYSICIAN as
to causal relation and as to required treatment shall be  deemed  compe-
tent  but  shall  not be controlling.   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.
  8. The chairman shall promulgate rules governing the procedure  to  be
followed  by  those  rendering  podiatry  care under this section, which
rules so far as practicable shall conform  to  the  rules  presently  in
effect  with  reference to medical care furnished to claimants in [work-
men's] WORKERS' compensation. In connection  with  the  promulgation  of
said  rules  the  chairman  may  consult the podiatry practice committee
hereinafter provided and may take into consideration the view  of  other
interested parties.
  9.  The chairman shall appoint for and with jurisdiction in the entire
state of New York a single podiatry practice committee composed  of  one

A. 4850                            22

duly  licensed  physician  and  two duly registered and licensed [podia-
trists] PODIATRIC PHYSICIANS of the state of  New  York.  Each  podiatry
member  of  said  committee  shall  have been engaged in the practice of
podiatry as a duly registered and licensed [podiatrist] PODIATRIC PHYSI-
CIAN  of  the  state of New York at least ten years prior to the time of
his appointment and shall receive compensation either on an annual basis
or on a per diem basis to be fixed by the chairman within amounts appro-
priated therefor. One of said members shall be designated by the  chair-
man  as  chairman of said podiatry practice committee. No member of said
committee shall render podiatry treatment  under  this  section  nor  be
employed  by  or  accept  or  participate  in any fee from any insurance
company authorized to write [workmen's] WORKERS' compensation  insurance
in  this  state or from any self-insurer, whether such employment or fee
relates to a [workmen's] WORKERS' compensation claim or otherwise.   The
attorney general, upon request, shall advise and assist such committee.
  10.  The  podiatry practice committee shall investigate, hear and make
findings with respect to all charges as to professional or other miscon-
duct of  any  authorized  [podiatrist]  PODIATRIC  PHYSICIAN  as  herein
provided  under  rules  and procedures to be prescribed by the chair and
shall report evidence of such misconduct, with their findings and recom-
mendation with respect thereto, to the chair. The findings, decision and
recommendation of such podiatry practice 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 [podiatrists]  PODIATRIC  PHYSI-
CIANS  authorized  to  render  podiatry  care  under  this chapter or to
conduct independent medical examinations in  accordance  with  paragraph
(b)  of  subdivision  three of this section the name of any [podiatrist]
PODIATRIC PHYSICIAN who he or she shall find after  reasonable  investi-
gation is disqualified because such [podiatrist] PODIATRIC PHYSICIAN
  (a) has been guilty of professional or other misconduct or incompeten-
cy in connection with podiatry services rendered under the law; or
  (b)  has  exceeded the limits of his or her professional competence in
rendering podiatry care under the law,  or  has  made  materially  false
statements regarding his or her qualifications in his or her application
for authorization; or
  (c) has failed to submit timely, full and truthful podiatry reports of
all his or her findings to the employer and directly to the chair or the
board within the time limits provided in this section; or
  (d) has knowingly made a false statement or presentation as to a mate-
rial  fact  in  any  medical  report made pursuant to this chapter or in
testifying or otherwise providing information for the purposes  of  this
chapter; or
  (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; or
  (f) has refused to appear before, to testify, to submit to  a  deposi-
tion,  or to answer upon request of, the chair, board, podiatry practice
committee or any duly authorized officer of the state, any  legal  ques-
tion 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 other valuable consideration as  a  commis-
sion,  discount  or  gratuity in connection with the treatment, or inde-
pendent  medical  examination,  of  a  workers'  compensation  claimant.

A. 4850                            23

Nothing  contained  in  this paragraph shall prohibit such [podiatrists]
PODIATRIC PHYSICIANS who practice as partners, in groups or as a profes-
sional corporation from pooling fees and moneys received, either by  the
partnership, professional corporation or group by the individual members
thereof,  for  professional services furnished by any individual profes-
sional member, or employee of such partnership,  corporation  or  group,
nor  shall  the professionals constituting the partnership, corporation,
or group be prohibited from sharing, dividing or apportioning  the  fees
and  moneys received by them or by the partnership, corporation or group
in accordance with a partnership or other agreement.
  11. Any person who violates or attempts to violate, and any person who
aids another to violate  or  attempts  to  induce  him  to  violate  the
provisions of paragraph [g] (G) of subdivision ten of this section shall
be guilty of a misdemeanor.
  12.  Nothing  in  this  section  shall be construed as limiting in any
respect the power or duty of the chairman to  investigate  instances  of
misconduct,  either  before or after investigation by the podiatry prac-
tice committee or  to  temporarily  suspend  the  authorization  of  any
[podiatrist]  PODIATRIC  PHYSICIAN  that  he may believe to be guilty of
such misconduct.  The provisions of subdivision  one  of  section  thir-
teen-d of this article which are not inconsistent with the provisions of
this section shall be applicable as fully as if set forth herein.
  13.  Upon  the  referral  which may be directive as to treatment of an
authorized [podiatrist] PODIATRIC PHYSICIAN physical therapy care may be
rendered by a duly licensed physical therapist.
  S 55. Paragraph (a) of subdivision 3 of section 137  of  the  workers'
compensation  law,  as  added  by  chapter  473  of the laws of 2000, is
amended to read as follows:
  (a) Only a New York state  licensed  and  board  certified  physician,
surgeon, [podiatrist] PODIATRIC PHYSICIAN or any other person authorized
to examine or evaluate injury or illness by the board shall perform such
independent medical examination. Where a claimant resides out of state a
practitioner  qualified  to examine or evaluate injury or illness by the
board shall perform such independent medical examination.
  S 56. Section 141 of the workers'  compensation  law,  as  amended  by
chapter 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], WITH THE EXCEPTION OF arti-
cle six [thereof] HEREOF, 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 provid-
ing 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 certif-

A. 4850                            24

icates of authorization of physicians, chiropractors  and  [podiatrists]
PODIATRIC  PHYSICIANS as provided in sections thirteen-a, thirteen-k and
thirteen-1 of this chapter, and 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' compensation with information provided by  employers
to the state directory of new hires for the purposes of verifying eligi-
bility for such benefits and for administering workers' compensation.
  S  57.  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] PODIATRIC PHYSICIAN  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, for any period of
such  disability during which an employee is neither under the care of a
physician nor a [podiatrist] PODIATRIC PHYSICIAN,  nor  a  chiropractor,
nor  a  dentist,  nor a psychologist, nor a certified nurse midwife; 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 denomi-
nation, and provided such employee shall submit to all physical examina-
tions as required by this chapter.
  S 58. Subdivision 1 of section 213 of the workers'  compensation  law,
as  amended  by  chapter  784 of the laws of 1980, is amended to read as
follows:
  1. Whenever a covered employer does not comply with  this  article  by
providing for the payment of disability benefits to his employees in one
or more of the ways provided in section two hundred eleven OF THIS ARTI-
CLE  or  whenever  a  carrier fails to pay the benefits required by this
article to employees of a covered employer, then such employer shall  be
fully  and  directly  liable to each of his employees for the payment of
benefits provided by this article. The amount of the benefits  to  which
employees  of such employers are entitled under this article and attend-
ance fees of  their  attending  physicians  or  attending  [podiatrists]
PODIATRIC  PHYSICIANS fixed pursuant to [subdivision two of] section two
hundred thirty-two OF THIS ARTICLE shall, on order of the  chairman,  be

A. 4850                            25

paid  out  of the fund established under section two hundred fourteen OF
THIS ARTICLE. In case of non-compliance of the employer,  such  employer
shall  forthwith pay to the chairman, for credit to the fund, the sum so
expended  or one per cent of his payroll for his employees in employment
during the period of non-compliance,  whichever  is  greater;  provided,
however,  that  if  it  shall appear to the satisfaction of the chairman
that the default in payment of benefits or  the  non-compliance  of  the
employer  otherwise with his obligation under this article was inadvert-
ent, the chairman may fix the sum payable in such case  for  non-compli-
ance  or  default at the amount paid out of the fund and a sum less than
one per cent of such payroll, and in addition the penalties for non-com-
pliance imposed under this article. In case of failure of the carrier to
pay benefits, the employer shall forthwith  pay  to  the  chairman,  for
credit to the fund, the sum so expended.
  S  59.  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]  PODIATRIC
PHYSICIAN  or  attending  chiropractor or attending dentist or attending
psychologist or attending certified nurse midwife, or in the case of  an
employee  who adheres to the faith or teachings of any church or denomi-
nation, 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]  PODIATRIC
PHYSICIAN  or chiropractor or dentist or psychologist or certified nurse
midwife 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] PODIATRIC PHYSICIAN or chiropractor or dentist
or  psychologist designated by him or her in any case in which the claim

A. 4850                            26

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  60.  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, the chairman shall
remove from the list of physicians authorized  to  render  medical  care
under  the provisions of articles one to eight, inclusive, of this chap-
ter and from the list of [podiatrists] PODIATRIC  PHYSICIANS  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 the name of any physician or
[podiatrist] PODIATRIC PHYSICIAN or chiropractor  whom  he  shall  find,
after reasonable investigation, has submitted to the employer or carrier
or  chairman  in connection with any claim for disability benefits under
this article, a  statement  of  disability  that  is  not  truthful  and
complete.
  S  61.  The  opening  paragraph of section 221 of the workers' compen-
sation law, as separately amended by chapters 425 and 500 of the laws of
1985, is amended to read as follows:
  Within twenty-six weeks of written notice of rejection of  claim,  the
employee  may  file with the chairman a notice that his or her claim for
disability benefits has not been paid, and  the  employee  shall  submit
proof  of disability and of his or her employment, wages and other facts
reasonably necessary for determination of the employee's right  to  such
benefits.  Failure  to file such notice within the time provided, may be
excused by the chairman if it can be shown to the  satisfaction  of  the
chairman not to have been reasonably possible to furnish such notice and
that  such  notice  was furnished as soon as possible.  On demand of the
chairman the employer or carrier shall forthwith deliver to the chairman
the original or a true copy of the attending  physician's  or  attending
[podiatrist's] PODIATRIC PHYSICIAN'S or accredited practitioner's state-
ment, wage and employment data and all other papers in the possession of
the employer or carrier with respect to such claim.
  S  62.  Section  232  of  the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
  S 232. Fees of physicians, [podiatrists] PODIATRIC PHYSICIANS,  chiro-
practors,  dentists and psychologists. Whenever his or her attendance at
a hearing before the board or its referees is  required,  the  attending
physician  or  attending  [podiatrist]  PODIATRIC PHYSICIAN or attending
chiropractor or attending dentist or attending psychologist or attending
certified nurse midwife of the disabled employee, except such 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] PODIATRIC PHYSICIANS as are disqualified from  testi-
fying  under  the  provisions of section thirteen-k OF THIS CHAPTER, and
except such chiropractors 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, 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 63. This act shall take effect immediately.