§ 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.

(p) "Physical therapist assistant" shall mean licensed in accordance
with the education law and the licensing requirements of the
commissioner of education.

(q) "Occupational therapy assistant" shall mean licensed in accordance
with the education law and the licensing requirements 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.

(b-1) Under the direction and supervision of an authorized
occupational therapist, occupational therapy services may be rendered by
an occupational therapy assistant. Under the direction and supervision
of an authorized physical therapist, physical therapy services may be
rendered by a physical therapist assistant. 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 or occupational therapist 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.

(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.