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

                                  7802

                            I N  S E N A T E

                              May 12, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property  tax  law,  in  relation  to  enabling
  chiropractors  to certify disability; to amend the vehicle and traffic
  law, in relation to enabling chiropractors to certify  disability  for
  the  purpose  of  issuance of handicapped license plates and registra-
  tion; and to amend the education law, in relation to  enabling  chiro-
  practors  to  be employed by school districts to provide school health
  services

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

  Section 1. Subdivision 2 of section 459 of the real  property tax law,
as  added  by  chapter  200  of  the laws of 1983, is amended to read as
follows:
  2. To qualify as physically disabled for the purposes of this section,
an individual shall submit to the assessor a certified statement from  a
physician  OR  CHIROPRACTOR  licensed to practice in the state on a form
prescribed and made available by the state board which states  that  the
individual  has  a  permanent  physical  impairment  which substantially
limits one or more of such individual's major  life  activities,  except
that an individual who has obtained a certificate from the state commis-
sion for the blind and visually handicapped stating that such individual
is  legally  blind  may submit such certificate in lieu of a physician's
certified statement.
  S 2. Subdivision 4 and paragraph (b) of subdivision 5 of section 404-a
of the vehicle and traffic law, subdivision 4 as amended by chapter  686
of  the  laws  of  1994  and  the opening paragraph and paragraph (c) of
subdivision 4 and paragraph (b) of subdivision 5 as amended  by  chapter
228 of the laws of 2008, are amended to read as follows:
  4.  Issue  of  plates.  The commissioner shall issue sets of plates to
such person in accordance with subdivision  two  of  this  section  with
proof  of  such  disability of such person or such members of his OR HER
family certified by a physician, physician  assistant,  CHIROPRACTOR  or
nurse  practitioner,  to  the  extent  authorized  by law, including the

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

                                                           LBD17312-01-0

S. 7802                             2

education law, and  consistent  with  any  applicable  written  practice
agreement, or podiatrist pursuant to subdivision four-a of this section,
to  the  satisfaction  of the commissioner who is empowered to carry out
the effects of this section by formulating rules and regulations.
  For  the  purposes of this section, a "severely disabled person" shall
mean any person having any one or more  of  the  following  impairments,
disabilities or conditions which are permanent in nature:
  (a) Has limited or no use of one or both lower limbs;
  (b) Has a neuro-muscular dysfunction which severely limits mobility;
  (c)  Has  a  physical or mental impairment or condition which is other
than those specified above, but is of such nature as to  impose  unusual
hardship  in  utilization  of  public transportation facilities and such
condition is certified by a  physician,  physician  assistant  or  nurse
practitioner,  to  the extent authorized by law, including the education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a of this section, a podiatrist duly licensed to practice  podiatry
in this state, as constituting an equal degree of disability (specifying
the  particular  condition)  so  as  to prevent such person from getting
around without great difficulty in accordance with  subdivision  two  of
this section; or
  (d) A blind person.
  (b)  The  commissioner  may  require the applicant for registration to
furnish such proof of his OR HER disability or such proof of  disability
of such members of his OR HER family from a physician, physician assist-
ant,  CHIROPRACTOR  or  nurse  practitioner, to the extent authorized by
law, including the education law, and  consistent  with  any  applicable
written practice agreement, or podiatrist pursuant to subdivision four-a
of  this section, as the commissioner deems necessary either for initial
registration or renewal thereof; provided, however, that  a  handicapped
or  disabled  permit issued by a municipality to such applicant pursuant
to section twelve hundred three-a of this chapter shall be deemed suffi-
cient proof of disability for purposes of this paragraph.
  S 3.  Subdivision 1 of section 902 of the education law, as amended by
chapter 477 of the laws of 2004, is amended to read as follows:
  1. As used in this article "health professionals" means  persons  duly
licensed  or otherwise authorized to practice a health profession pursu-
ant to applicable law, including, but not limited to, physicians, regis-
tered professional nurses, nurse practitioners,  physicians  assistants,
optometrists, dentists, dental hygienists, CHIROPRACTORS, dietitians and
nutritionists, and audiologists.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.