A. 3816 2
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 554 of the laws of 2013, 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, dental hygienist, licensed
behavior analyst, or certified behavior analyst assistant 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
voluntary reporting of abused or neglected adults to the office of
[mental retardation and] PEOPLE WITH developmental disabilities or the
local adult protective services unit. Each applicant shall provide the
department with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, 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-
A. 3816 3
tal as defined in subdivision ten of section 1.03 of the mental hygiene
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;
A. 3816 4
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:
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 438 of
the laws of 2012, subdivision 1 as amended and subdivision 3 as added by
chapter 23 of the laws of 2013, 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. For the purposes of wound
care however, the practice of podiatry shall include the treatment of
such wounds if they are contiguous with wounds relating, originating or
in the course of treatment of a wound on the foot within the podiatric
scope of practice. Wound care shall not, however, extend beyond the
level ending at the distal tibial tuberosity. The practice of podiatry
may also include diagnosing, treating, operating and prescribing for any
disease, injury, deformity or other condition of the ankle and soft
A. 3816 5
tissue of the leg below the tibial tuberosity if the [podiatrist] PODIA-
TRIC PHYSICIAN has obtained an issuance of a privilege to perform podia-
tric standard ankle surgery or advanced ankle surgery in accordance with
section seven thousand nine of this article. [Podiatrists] PODIATRIC
PHYSICIANS may treat traumatic open wound fractures only in hospitals,
as defined in article twenty-eight of the public health law. For the
purposes of this article, the term "ankle" shall be defined as the
distal metaphysis and epiphysis of the tibia and fibula, the articular
cartilage of the distal tibia and distal fibula, the ligaments that
connect the distal metaphysis and epiphysis of the tibia and fibula and
talus, and the portions of skin, subcutaneous tissue, facia, muscles,
tendons, ligaments and nerves at or below the level of the myotendinous
junction of the triceps surae.
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 unless the [podiatrist] PODIA-
TRIC PHYSICIAN obtains an issuance of a privilege to perform podiatric
standard ankle surgery or podiatric advanced ankle surgery. [Podia-
trists] PODIATRIC PHYSICIANS who have obtained an issuance of a privi-
lege to perform podiatric standard ankle surgery may perform surgery on
the ankle which may include soft tissue and osseous procedures except
those procedures specifically authorized for [podiatrists] PODIATRIC
PHYSICIANS who have obtained an issuance of a privilege for advanced
ankle surgery. [Podiatrists] PODIATRIC PHYSICIANS who have obtained an
issuance of a privilege to perform podiatric advanced ankle surgery may
perform surgery on the ankle which may include ankle fracture fixation,
ankle fusion, ankle arthroscopy, insertion or removal of external fixa-
tion pins into or from the tibial diaphysis at or below the level of the
myotendinous junction of the triceps surae, and insertion and removal of
retrograde tibiotalocalcanneal intramedullary rods and locking screws up
to the level of the myotendinous junction of the triceps surae, but does
not include the surgical treatment of complications within the tibial
diaphysis related to the use of such external fixation pins. [Podia-
trists] PODIATRIC PHYSICIANS licensed to practice, but not authorized to
prescribe or administer narcotics prior to the effective date of this
subdivision, may do so only after certification by the department in
accordance with the qualifications established by the commissioner. The
practice of podiatry shall include administering only local anesthetics
for therapeutic purposes as well as for anesthesia and treatment under
general anesthesia administered by authorized persons. The practice of
podiatry by any licensee shall not include partial or total ankle
replacements nor the treatment of pilon fractures.
3. (a) The department shall conduct a study to determine whether to
make available to the public profiles on [podiatrists] PODIATRIC PHYSI-
CIANS who have obtained an issuance of a privilege to perform podiatric
standard or advanced ankle surgery pursuant to subdivisions one and two
of section seven thousand nine of this article. Such study shall include
consideration of whether it would be appropriate and feasible for the
department to make publicly available profiles for such [podiatrists]
PODIATRIC PHYSICIANS in a manner similar to physician profiles made
available on the department of health's website in accordance with
section twenty-nine hundred ninety-five-a of the public health law. The
department shall consult with the department of health as necessary on
matters related to the operation of the department of health's physician
profiles established pursuant to section twenty-nine hundred ninety-
five-a of the public health law in conducting its study.
A. 3816 6
(b) If the department determines that making [podiatrist] PODIATRIC
PHYSICIAN profiles available is appropriate and feasible, the depart-
ment, after consultation with the department of health, shall outline in
such study an appropriate and cost effective method of presenting rele-
vant and appropriate podiatric PHYSICIAN profiling information to the
general public. The department shall submit such study to the governor,
the temporary president of the senate, the speaker of the assembly, the
minority leader of the senate and the minority leader of the assembly on
or before November first, two thousand sixteen.
(c) If the department makes [podiatrist] PODIATRIC PHYSICIAN profiles
available as set forth in paragraph (b) of this subdivision, the depart-
ment of health shall include on its website containing the physician
profiles established pursuant to section twenty-nine hundred ninety-
five-a of the public health law a link to the website on which such
[podiatrist] PODIATRIC PHYSICIAN profiles may be accessed and a state-
ment describing the purpose of such link.
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-
A. 3816 7
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
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. Section 7009 of the education law, as added by chapter 438 of
the laws of 2012, is amended to read as follows:
S 7009. Podiatric ankle surgery privileges. 1. For issuance of a priv-
ilege to perform podiatric standard ankle surgery, as that term is used
A. 3816 8
in subdivision two of section seven thousand one of this article, the
applicant shall fulfill the following requirements:
a. Application: file an application with the department;
b. License: be licensed as a [podiatrist] PODIATRIC PHYSICIAN in the
state;
c. Training and certification: either:
(i) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, and be
certified in reconstructive rearfoot and ankle surgery by a national
certifying board having certification standards acceptable to the
department; or
(ii) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
board qualified but not yet certified in reconstructive rearfoot and
ankle surgery by a national certifying board having certification stand-
ards acceptable to the department, and provide documentation that he or
she has acceptable training and experience in standard or [advance]
ADVANCED midfoot, rearfoot and ankle procedures that has been approved
by the department; or
(iii) have graduated before June first, two thousand six from a two-
year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
certified in reconstructive rearfoot and ankle surgery by a national
certifying board having certification standards acceptable to the
department, and provide documentation that he or she has acceptable
training and experience in standard or advanced midfoot, rearfoot and
ankle procedures that has been approved by the department;
d. Fees: pay a fee to the department of two hundred twenty dollars for
the issuance of a privilege to perform podiatric standard ankle surgery.
2. For issuance of a privilege to perform podiatric advanced ankle
surgery, as that term is used in subdivision two of section seven thou-
sand one of this article, the applicant shall fulfill the following
requirements:
a. Application: file an application with the department;
b. License: be licensed as a [podiatrist] PODIATRIC PHYSICIAN in the
state;
c. Experience and certification: either:
(i) have graduated on or after June first, two thousand six from a
three-year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
certified in reconstructive rearfoot and ankle surgery by a national
certifying board having certification standards acceptable to the
department, and provide documentation that he or she has acceptable
training and experience in advanced midfoot, rearfoot and ankle proce-
dures that has been approved by the department; or
(ii) have graduated before June first, two thousand six from a two-
year residency program in podiatric medicine and surgery that was
accredited by an accrediting agency acceptable to the department, be
certified in reconstructive rearfoot and ankle surgery, by a national
certifying board having certification standards acceptable to the
department, and provide documentation that he or she has acceptable
training and experience in advanced midfoot, rearfoot and ankle proce-
dures that has been approved by the department.
A. 3816 9
d. Fees: pay a fee to the department of two hundred twenty dollars for
the issuance of a privilege to perform podiatric advanced ankle surgery.
3. Duration and registration of privileges. A privilege issued under
this section shall be valid for the life of the holder, unless revoked,
annulled, or suspended by the board of regents. Such a privilege shall
be subject to the same oversight and disciplinary provisions as licenses
issued under this title. The holder of a privilege issued under this
section shall register with the department as a privilege holder in the
same manner and subject to the same provisions as required of a licensee
pursuant to section six thousand five hundred two of this title,
provided that, at the time of each registration, the privilege holder
shall certify that he or she continues to meet the requirements for the
privilege set forth in this section. The fee for such registration shall
be two hundred ten dollars. The registration period for a privilege
holder shall be coterminous with his or her registration as a [podia-
trist] PODIATRIC PHYSICIAN.
S 17. Section 7010 of the education law, as added by chapter 438 of
the laws of 2012, is amended to read as follows:
S 7010. 1. Ankle surgery limited permits. A limited permit to perform
podiatric standard ankle surgery, as described in subdivision two of
section seven thousand one of this article, may be issued by the depart-
ment to a [podiatrist] PODIATRIC PHYSICIAN who is licensed pursuant to
this article and who has met the residency and board
qualification/certification requirements set forth in subdivision one of
section seven thousand nine of this article in order to authorize such
[podiatrist] PODIATRIC PHYSICIAN to obtain the training and experience
required for the issuance of a podiatric standard ankle surgery privi-
lege pursuant to subdivision one of section seven thousand nine of this
article. Such permits shall authorize the performance of podiatric stan-
dard ankle surgery only under the direct personal supervision of a
licensed [podiatrist] PODIATRIC PHYSICIAN holding a podiatric standard
ankle surgery privilege or a podiatric advanced ankle surgery privilege
issued pursuant to section seven thousand nine of this article or of a
physician licensed pursuant to article one hundred thirty-one of this
title and certified in orthopedic surgery by a national certifying board
having certification standards acceptable to the department.
2. A limited permit to perform podiatric advanced ankle surgery, as
described in subdivision two of section seven thousand one of this arti-
cle, may be issued by the department to a [podiatrist] PODIATRIC PHYSI-
CIAN who is licensed pursuant to this article and who has met the resi-
dency and board certification requirements set forth in subdivision two
of section seven thousand nine of this article in order to authorize
such [podiatrist] PODIATRIC PHYSICIAN to obtain the training and experi-
ence required for the issuance of a podiatric advanced ankle surgery
privilege pursuant to subdivision two of section seven thousand nine of
this article. Such permits shall authorize the performance of podiatric
advanced ankle surgery only under the direct personal supervision of a
licensed [podiatrist] PODIATRIC PHYSICIAN holding a podiatric advanced
ankle surgery privilege issued pursuant to subdivision two of section
seven thousand nine of this article or of a physician licensed pursuant
to article one hundred thirty-one of this title and certified in
orthopedic surgery by a national certifying board having certification
standards acceptable to the department.
3. For the purposes of this section, direct personal supervision means
supervision of procedures based on instructions given directly by the
supervising [podiatrist] PODIATRIC PHYSICIAN or physician who remains in
A. 3816 10
the immediate area where the procedures are being performed, authorizes
the procedures and evaluates the procedures performed by the holder of
the limited permit.
4. The holder of a limited permit issued pursuant to this section
shall perform podiatric ankle surgery only in a hospital or health
facility licensed pursuant to article twenty-eight of the public health
law and appropriately authorized to provide such surgery.
5. Limited permits shall be issued for a period of one year, and may
be renewed for additional one year periods when necessary to permit the
completion of the training and experience required to obtain a podiatric
standard ankle surgery privilege or podiatric advanced ankle surgery
privilege, as applicable, provided that no permit may be renewed more
than four times for each such privilege.
6. The fee for a limited permit shall be one hundred five dollars and
the fee for a renewal shall be fifty dollars.
S 18. The education law is amended by adding a new section 7011 to
read as follows:
S 7011. 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 19. 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-
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 20. 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 21. Subdivision 1 of section 579 of the public health law, as
amended by chapter 444 of the laws of 2013, 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, optometrist performing a clinical laboratory test that does not
use an invasive modality as defined in section seventy-one hundred one
of the education law or [podiatrist] PODIATRIC PHYSICIAN who performs
laboratory tests or procedures, personally or through his or her employ-
A. 3816 11
ees, solely as an adjunct to the treatment of his or her own patients;
to the extent authorized by federal and state law, including the educa-
tion law, and consistent with any applicable written practice agreement.
S 22. 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 23. 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
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-
A. 3816 12
ishing such physician's, [podiatrist's] PODIATRIC PHYSICIAN'S,
optometrist's, dentist's or licensed midwife's professional privileges
in the hospital.
S 24. 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 25. 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;
(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-
A. 3816 13
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
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 26. Section 2995-d of the public health law is amended by adding a
new subdivision 4-a to read as follows:
4-A. IN COOPERATION WITH THE EDUCATION DEPARTMENT, ESTABLISH A HEALTH
CARE PRACTITIONER DATABASE RELATING TO PODIATRIC PHYSICIANS. SUCH DATA-
BASE SHALL INCLUDE INFORMATION SIMILAR TO THE PHYSICIAN PROFILES ESTAB-
LISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF THIS
TITLE. THE DATABASE SHALL BE CAPABLE OF PRESENTING RELEVANT MEDICAL AND
TREATMENT INFORMATION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE
AVAILABLE TO THE GENERAL PUBLIC.
S 27. 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
A. 3816 14
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 28. 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 29. 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 30. 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 31. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 126 of the laws of 2014, 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
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; licensed behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
A. 3816 15
tion, care or treatment of persons; a Christian Science practitioner;
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; director of a children's overnight camp, summer day
camp or traveling summer day camp, as such camps are defined in section
thirteen hundred ninety-two of the public health law; day care center
worker; school-age child care worker; provider of family or group family
day care; employee or volunteer in a residential care facility for chil-
dren that is licensed, certified or operated by the office of children
and family services; or any other child care or foster care worker;
mental health professional; substance abuse counselor; alcoholism coun-
selor; all persons credentialed by the office of alcoholism and
substance abuse services; peace officer; police officer; district attor-
ney or assistant district attorney; investigator employed in the office
of a district attorney; or other law enforcement official.
S 32. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the laws
of 2014, 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
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; licensed behavior analyst; certified behavior
analyst assistant; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; a Christian Science practitioner;
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; full or part-
time compensated school employee required to hold a temporary coaching
license or professional coaching certificate; social services worker;
director of a children's overnight camp, summer day camp or traveling
summer day camp, as such camps are defined in section thirteen hundred
ninety-two of the public health law; day care center worker; school-age
child care worker; provider of family or group family day care; employee
or volunteer in a residential care facility for children that is
licensed, certified or operated by the office of children and family
services; or any other child care or foster care worker; mental health
professional; substance abuse counselor; 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.
A. 3816 16
S 33. 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 34. 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 277 of the laws of 2012, 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 or her
family certified by a physician, physician assistant or nurse practi-
tioner, 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 or optometrist pursuant to subdivision four-b of this section,
to the satisfaction of the commissioner who is empowered to carry out
the effects of this section by formulating rules and regulations.
For the purposes of this section, a "severely disabled person" shall
mean any person having any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
(a) Has limited or no use of one or both lower limbs;
(b) Has a neuro-muscular dysfunction which severely limits mobility;
(c) Has a physical or mental impairment or condition which is other
than those specified above, but is of such nature as to impose unusual
hardship in utilization of public transportation facilities and such
condition is certified by a physician, physician assistant or nurse
practitioner, to the extent authorized by law, including the education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a of this section, a [podiatrist] PODIATRIC PHYSICIAN duly licensed
to practice podiatry in this state or, pursuant to subdivision four-b of
this section, an optometrist duly licensed to practice optometry in this
state, as constituting an equal degree of disability (specifying the
particular condition) so as to prevent such person from getting around
without great difficulty in accordance with subdivision two of this
section; or
(d) A blind person.
S 35. 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
A. 3816 17
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 36. Paragraph (b) of subdivision 5 of section 404-a of the vehicle
and traffic law, as amended by chapter 277 of the laws of 2012, is
amended to read as follows:
(b) The commissioner may require the applicant for registration to
furnish such proof of his or her disability or such proof of disability
of such members of his or her family from a physician, physician assist-
ant 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 or optometrist pursuant to subdivision four-b of
this section, as the commissioner deems necessary either for initial
registration or renewal thereof; provided, however, that a handicapped
or disabled permit issued by a municipality to such applicant pursuant
to section twelve hundred three-a of this chapter shall be deemed suffi-
cient proof of disability for purposes of this paragraph.
S 37. 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 38. 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-
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 39. 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 40. 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
A. 3816 18
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 41. 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.
S 42. 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 43. 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 44. 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-
A. 3816 19
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 45. 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 46. 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.
S 47. 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
A. 3816 20
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 48. 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 49. 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 50. 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:
(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 51. 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 52. 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]
A. 3816 21
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 53. 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:
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 54. 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 55. 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
A. 3816 22
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 56. 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] CHAIR may require.
S 57. 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
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
A. 3816 23
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 58. 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 section 5 of part GG of
chapter 57 of the laws of 2013, 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
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
A. 3816 24
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
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.
A. 3816 25
(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. (a) The provisions of subdivisions one and three of section thir-
teen-g of this article with respect to the conditions under which a
hospital, physician or self-employed physical or occupational therapist
may request payment or arbitration of a bill, or under which an award
may be made for payment of such bill, shall be applicable to bills
rendered by a [podiatrist] PODIATRIC PHYSICIAN for services rendered to
an injured employee.
(b) If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant, and the amount of the
disputed bill is one thousand dollars or less, or where the amount of
the disputed bill exceeds one thousand dollars and the [podiatrist]
PODIATRIC PHYSICIAN expressly so requests, such value shall be decided
by a single arbitrator process, pursuant to rules promulgated by the
chair. The chair shall appoint a member in good standing of a recognized
professional association representing [podiatrists] PODIATRIC PHYSICIANS
in the state of New York to determine the value of such disputed bill.
Decisions rendered under the single arbitrator process shall be conclu-
sive upon the parties as to the value of the services in dispute.
(c) If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant and the amount of the disputed
bill exceeds one thousand dollars and the podiatrist does not expressly
request a single arbitrator process in accordance with paragraph (b) of
this subdivision, such value shall be decided by an arbitration commit-
tee consisting of three duly registered and licensed [podiatrists]
PODIATRIC PHYSICIANS who are members of a recognized professional asso-
ciation representing [podiatrists] PODIATRIC PHYSICIANS in the state of
New York, one to be appointed by the president of such an association,
one to be appointed by the employer or carrier and one to be appointed
by the chair of the workers' compensation board and the majority deci-
A. 3816 26
sion of such committee shall be conclusive upon the parties as to the
value of the services rendered.
(d) The board or the chair may make an award not in excess of the
established fee schedules for any such bill or part thereof which
remains unpaid in the same manner as an award for bills rendered under
subdivisions one and three of section thirteen-g of this article, and
such award may be collected in like manner as an award of compensation.
Where a [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 [podiatrist]
PODIATRIC PHYSICIAN in accordance with the rules and regulations promul-
gated 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.
(e) A provider initiating an arbitration, including a single arbi-
tration process, 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 commit-
tee 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
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
A. 3816 27
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.
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.
A. 3816 28
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 59. 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 60. 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] OF THIS CHAPTER, and except in so far as such powers
and duties are vested by this chapter in the [workers' compensation]
board. The chair shall preside at all meetings of the board and shall
appoint all committees and panels of the board; shall designate the
times and places for the hearing of claims under this chapter and shall
perform all administrative functions of the board as in this chapter set
forth. The chair, in the name of the board, shall enforce all the
provisions of this chapter, and may make administrative regulations and
orders providing for the receipt, indexing and examining of all notices,
claims and reports, for the giving of notice of hearings and of deci-
sions, for certifying of records, for the fixing of the times and places
for the hearing of claims, and for providing for the conduct of hearings
and establishing of calendar practice to the extent not inconsistent
with the rules of the board. The chair shall issue and may revoke
certificates of authorization of physicians, chiropractors and [podia-
trists] PODIATRIC PHYSICIANS as provided in sections thirteen-a, thir-
teen-k and thirteen-1 of this chapter, and licenses for medical bureaus
and x-ray and other laboratories under the provisions of section thir-
teen-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 adminis-
tration of this chapter heretofore expressly conferred upon the commis-
sioner of labor by any of the provisions of this chapter, or of the
labor law. The chair, on behalf of the [workers' compensation] board,
A. 3816 29
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 eligibility for such benefits and for administer-
ing workers' compensation.
S 61. 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 62. 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
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-
A. 3816 30
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 63. 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
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 64. 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-
A. 3816 31
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 65. 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 66. 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 67. This act shall take effect immediately; provided, however, that
section thirty-two of this act shall take effect on the same date and in
the same manner as section 1 of chapter 205 of the laws of 2014, takes
effect.