2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-B - Authorization of Providers, Medical Bureaus and Laboratories by the Chair.

§  13-b.  Authorization of providers, medical bureaus and laboratories
by the chair.  1.  No  person  shall  render  medical  care  or  conduct
independent   medical  examinations  under  this  chapter  without  such
authorization by the  chair.  As  used  in  this  title,  the  following
definitions  shall  have  the  following  meanings  unless their context
requires otherwise:
(a) "Acupuncturist" shall mean licensed as having completed  a  formal
course  of study and having passed an examination in accordance with the
education law, the regulations of the commissioner of education, and the
requirements of the board of regents. Acupuncturists are required by the
education law to advise, in writing, each patient of the  importance  of
consulting   with   a   physician   for   the  condition  or  conditions
necessitating acupuncture care, as prescribed by the education law.
(b) "Chair" of the board shall mean either the chair  or  the  chair's
designee.
(c)  "Chiropractor" shall mean licensed and having completed two years
of preprofessional college study and a  four-year  resident  program  in
chiropractic  in  accordance with the education law, and consistent with
the licensing requirements of the commissioner of education.
(d) "Dentist" shall mean licensed and  having  completed  a  four-year
course  of  study leading to a D.D.S. or D.D.M. degree, or an equivalent
degree,  in  accordance  with  the  education  law  and  the   licensing
requirements of the commissioner of education.
(e)  "Employer" shall mean a self-insured employer or, if insured, the
insurance carrier.
(f)  "Independent  medical  examination"  shall  mean  an  examination
performed  by  a  physician,  podiatrist,  chiropractor or psychologist,
authorized under this section  to  perform  such  examination,  for  the
purpose  of  examining  or  evaluating  injury  or  illness  pursuant to
paragraph (b) of subdivision four of section thirteen-a and section  one
hundred  thirty-seven  of  this  chapter  and as more fully set forth in
regulation.
(g) "Nurse practitioner" shall mean a licensed registered professional
nurse certified pursuant  to  section  sixty-nine  hundred  ten  of  the
education law acting within their lawful scope of practice.
(h)  "Occupational therapist" shall mean licensed as having at least a
bachelor's or master's degree in occupational therapy from a  registered
program  with the education department or receipt of a diploma or degree
resulting from completion of not less than four years  of  postsecondary
study,  which includes the professional study of occupational therapy in
accordance  with  the  education  law  and  the   regulations   of   the
commissioner of education.
(i)  "Physical  therapist"  shall mean licensed in accordance with the
education law and the licensing  requirements  of  the  commissioner  of
education.
(j)  "Physician"  shall  mean  licensed  with  a  degree  of doctor of
medicine,  M.D.,  or  doctor  of  osteopathic  medicine,  D.O.,  or   an
equivalent degree in accordance with the education law and the licensing
requirements  of  the state board of medicine and the regulations of the
commissioner of education.
(k) "Physician assistant"  shall  mean  a  licensed  provider  who  is
licensed as a physician assistant pursuant to section sixty-five hundred
forty-one of the education law.
(l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
having  received  a  doctoral degree in podiatric medicine in accordance
with the regulations of the commissioner of education and the  education
law,  and  must  satisfactorily meet all other requirements of the state
board for podiatric medicine.
(m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
nurse  practitioner,   occupational   therapist,   physical   therapist,
physician,  physician  assistant,  podiatrist,  psychologist,  or social
worker authorized by the chair.
(n)  "Psychologist"  shall mean licensed as having received a doctoral
degree in psychology from a program of psychology  registered  with  the
state  education  department  or  the  substantial equivalent thereof in
accordance with the education law, the requirements of the  state  board
for psychology, and the regulations of the commissioner of education.
(o)  "Social  worker"  shall mean a licensed clinical social worker. A
licensed clinical social worker  has  completed  a  master's  degree  of
social  work  that  includes completion of a core curriculum of at least
twelve credit hours of clinical courses or the equivalent  post-graduate
clinical  coursework,  in  accordance  with  the  education  law and the
regulations of the commissioner of education.
2. Any provider licensed pursuant to  the  education  law  to  provide
medical care and treatment in the state of New York may render emergency
care  and  treatment  in  an  emergency  hospital or urgent care setting
providing emergency treatment under this chapter  without  authorization
by  the  chair  under  this  section;  (a)  Such  licensed  provider  as
identified in this subdivision who is on staff at any hospital or urgent
care center providing emergency treatment may continue such medical care
under this chapter while an injured employee remains a patient  in  such
hospital or urgent care setting; and
(b)  Under  the  direct supervision of an authorized provider, medical
care may be rendered by a registered nurse or other  person  trained  in
laboratory  or  diagnostic  techniques within the scope of such person's
specialized training  and  qualifications.  This  supervision  shall  be
evidenced  by  signed  records  of instructions for treatment and signed
records of  the  patient's  condition  and  progress.  Reports  of  such
treatment and supervision shall be made by such provider to the chair in
the  format  prescribed  by  the  chair  at  such times as the chair may
require.
(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 provider, the employer  or  carrier
shall  arrange  for  such  examination  to  be  performed by a qualified
provider in a medical facility convenient to the claimant.
(d) Upon the prescription or  referral  of  an  authorized  physician,
physician assistant, podiatrist, or nurse practitioner acting within the
scope  of  his  or her practice, care or treatment may be rendered to an
injured employee  by  an  authorized  physical  therapist,  occupational
therapist  or  acupuncturist  provided  the conditions and the treatment
performed  are  among  the  conditions  that  the  physical   therapist,
occupational  therapist or acupuncturist is authorized to treat pursuant
to  the  education  law  or  the  regulations  of  the  commissioner  of
education.  Where any such care or treatment is rendered, records of the
patient's condition and progress, together with records  of  instruction
for  treatment,  if  any, shall be maintained by the physical therapist,
occupational therapist or acupuncturist rendering treatment and  by  the
referring   physician,   physician   assistant,   podiatrist,  or  nurse
practitioner. Said records shall be submitted to the chair on forms  and
at such times as the chair may require.
(e)  A record, report or opinion of a physical therapist, occupational
therapist, acupuncturist or physician assistant shall not be  considered
as  evidence  of  the  causal  relationship  of  any condition to a work
related accident or occupational disease under this chapter. Nor  may  a
record,   report  or  opinion  of  a  physical  therapist,  occupational

therapist or acupuncturist be considered evidence of disability. Nor may
a record, report or opinion  of  a  physician  assistant  be  considered
evidence  of  the  presence  of a permanent or initial disability or the
degree thereof.
(f)  An  independent  medical examination performed in accordance with
section one hundred thirty-seven of this chapter, may only be  performed
by  a  physician, podiatrist, chiropractor or psychologist authorized to
perform such examinations by the chair, or as specified  in  regulation,
when qualified by the board.
3.   A  provider  properly  licensed  or  certified  pursuant  to  the
regulations of the commissioner of education and the requirements of the
education law desirous of being authorized to render medical care  under
this  chapter  and/or  to  conduct  independent  medical examinations in
accordance with paragraph (b) of subdivision four of section  thirteen-a
and  section  one  hundred  thirty-seven  of  this chapter shall file an
application for authorization under  this  chapter  with  the  chair  or
chair's  designee.   Prior to receiving authorization, a physician must,
together with submission of an application to  the  chair,  submit  such
application   to  the  medical  society  of  the  county  in  which  the
physician's office is located or of a board designated  by  such  county
society or of a board representing duly licensed physicians of any other
school  of  medical  practice  in  such county, and such medical society
shall submit the recommendation to the board. In the event  such  county
society  or  board fails to take action upon a physician's completed and
signed application within forty-five days, the chair may complete review
of  the  application  without  such  approval.  Upon  approval  of   the
application  by  the  chair or the chair's designee, the applicant shall
further agree to refrain from subsequently treating for remuneration, as
a private patient, any person seeking medical 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 providers authorized to render medical
care or to conduct independent medical examinations under this  chapter,
or if the person seeking such treatment, or submitting to an independent
medical  examination,  has  been  transferred  from  his  or her care in
accordance with the provisions of this chapter. This agreement shall run
to the benefit of the injured person so treated or examined,  and  shall
be  available  to him or her as a defense in any action by such provider
for payment for treatment rendered by a provider after  he  or  she  has
been  removed  from  the  list of providers authorized to render medical
care or to conduct independent medical examinations under this  chapter,
or  after  the  injured  person  was transferred from his or her care in
accordance with the provisions of this chapter.
4. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
in physiotherapy or other therapeutic procedures and  which  participate
in  the  diagnosis  or  treatment  of injured workers under this chapter
shall be operated or  supervised  by  providers  authorized  under  this
chapter  and shall be subject to the provisions of section thirteen-c of
this article. The person in charge of diagnostic  clinical  laboratories
duly  authorized  under  this  chapter  shall possess the qualifications
established by  the  public  health  and  health  planning  council  for
approval  by  the  state  commissioner  of health or, in the city of New
York, the qualifications approved by the board of health  of  said  city
and shall maintain the standards of work required for such approval.