S T A T E O F N E W Y O R K
________________________________________________________________________
9609
I N A S S E M B L Y
January 21, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law and the environmental
conservation law, in relation to approving notice and proof of disa-
bility from an attending nurse practitioner
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 217 of the workers' compen-
sation law, as amended by section 16 of part SS of chapter 54 of the
laws of 2016, are amended to read as follows:
1. Written notice and proof of disability or proof of need for family
leave 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 disability. 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 NURSE PRACTITIONER or attending podiatrist or
attending chiropractor or attending dentist or attending psychologist or
attending certified nurse midwife or family leave care recipient's
health care provider, or in the case of an employee who adheres to the
faith or teachings of any church or denomination, and who in accordance
with its creed, tenets or principles depends for healing upon prayer
through spiritual means alone in the practice of religion, by an accred-
ited 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11453-02-5
A. 9609 2
proof of disability is furnished within the period of actual disability
or family leave that does not exceed the statutory maximum period
permitted under section two hundred four of this article. No limitation
of time provided in this section shall run as against any disabled
employee who is mentally incompetent, or physically incapable of provid-
ing 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 disability benefits shall, as requested by the
employer or carrier, submit [himself or herself] THEMSELVES at inter-
vals, but not more than once a week, for examination by a physician OR
NURSE PRACTITIONER or podiatrist or chiropractor or dentist or psychol-
ogist 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.
§ 2. Subdivisions 16 and 17 of section 11-0901 of the environmental
conservation law, subdivision 16 as amended by section 13 of part EE of
chapter 55 of the laws of 2014, subdivision 17 as added by chapter 424
of the laws of 1992, and such subdivisions as renumbered by chapter 762
of the laws of 2023, are amended to read as follows:
16. Notwithstanding any inconsistent provision of this section, the
department may adopt regulations to allow the taking of big game or
small game by the use of a long bow equipped with a mechanical device
for holding and releasing the bowstring, attached to the handle section
of an otherwise legal long bow, to any person with a physical disability
who is physically incapable of drawing and holding a long bow because of
a physical disability, subject to such restrictions as the department
may adopt by regulation. For the purpose of this subdivision, a person
with a physical disability shall mean any person who submits to the
department a statement of a physician duly licensed to practice medicine
OR OF A DULY CERTIFIED NURSE PRACTITIONER that such person is physically
incapable of arm movement sufficient to draw, hold and release a long
bow as defined in subdivision four of this section or as otherwise
defined in department regulation. The department is authorized to adopt
regulations requiring documentation to establish that an applicant is
eligible to use a mechanical device pursuant to this subdivision.
17. Notwithstanding any inconsistent provision of this section, the
department may issue to a physically disabled person a permit to take
big game or small game by the use of a cross-bow equipped with an appa-
ratus permitting release of the bowstring by means of such person's
discharge of breath. For the purposes of this subdivision, "physically
disabled person" shall mean any person who submits to the department a
statement of a physician duly licensed to practice medicine in this
state, OR OF A DULY CERTIFIED NURSE PRACTITIONER, that such person is
permanently physically incapable of arm movement sufficient to release a
pre-drawn bow authorized under subdivision fifteen of this section.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.