What's happening
This bill modernizes New York's chiropractic scope of practice, expands chiropractor authority, and establishes certification for chiropractic clinical assistants.
Why it matters
Expands the diagnostic and treatment capabilities of chiropractors. The bill broadens what chiropractors can evaluate and treat, including neuromusculoskeletal conditions and related health issues, and authorizes the use of more diagnostic tools (like certain imaging and laboratory tests) and therapeutic methods (such as nutritional counseling, therapeutic exercises, and use of specific devices), which may increase patient access to a wider range of non-pharmacological care options.
Clarifies and limits the use of certain procedures and substances. While expanding some clinical authority, the bill maintains clear prohibitions on chiropractors performing surgery, prescribing drugs, or treating certain diseases and conditions (e.g., infectious, cardiovascular, or neoplastic diseases), which reinforces the boundaries between chiropractic care and medical practice to protect patient safety.
Establishes certification and defined scope for chiropractic clinical assistants. By creating a new role for certified chiropractic clinical assistants with specific training, exam requirements, and a limited scope of practice, the bill aims to standardize support staff qualifications and oversight, potentially improving patient safety and office efficiency, while also protecting the public by prohibiting assistants from performing higher-risk procedures like adjustments or radiology.
Updates governance, liability, and educational standards. The bill revises the makeup of the state chiropractic board to better reflect the profession, grants Good Samaritan liability protections to chiropractors providing emergency care, and modernizes education and permit requirements for both chiropractors and their assistants, which could enhance professional accountability and public trust in the field.
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Who cares
Headline styles
Update Chiropractic Practice Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Chiropractic Practice Rights
In Assembly Committee · Higher Education · Sponsor Joseph Lentol
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5415
2019-2020 Regular Sessions
IN SENATE
April 30, 2019
Introduced by Sens. GAUGHRAN, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to modernizing the chiropractic scope of practice; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6551 of the education law, as added by chapter 987 of the laws of 1971, paragraphs a and b of subdivision 2 as amended by chapter 450 of the laws of 1983, and subdivision 3 as amended by chapter 683 of the laws of 1991, is amended to read as follows:
§ 6551. Definition of practice of chiropractic. 1. The practice of the profession of chiropractic is defined as [detecting and correcting by manual or mechanical means structural imbalance, distortion, or subluxations in the human body for the purpose of removing nerve interference and the effects thereof, where such interference is the result of or related to distortion, misalignment or subluxation of or in the vertebral column. 2.] the examination, evaluation, detection, diagnosis of the human body and/or treatment or correction of: subluxations in the vertebral column or other articular segments by manual or mechanical means, neuromusculoskeletal conditions, structural imbalance, distortion, and/or dysfunction of the human body and the effects thereof; including restoring nervous system integrity, structural balance and/or function; as it may relate to any human disease, pain, injury, deformity or physical condition.
2. a. The practice of chiropractic may include, but not be limited to, physical and functional examination of patients, health assessment, work capability assessment, handicap eligibility assessment, school and other sports assessment, school attendance assessment, spinal health assessment, analysis, or to give consultation, advice, recommendations and counseling regarding anatomy, physiology, neurology, general health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08239-01-9
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matters, wellness and health optimization by any means of communication, the use of imaging studies using ionizing and non-ionizing imaging methods, adjustment, mobilization, manipulation, traction, and decompression, and ancillary procedures consisting of but not limited to, heat, cold, light, air, water, sound, electricity, massage, manual therapies, therapeutic exercise with or without assistive devices and clinical laboratory testing methods approved by the department as being appropriate to the practice of chiropractic.
b. Chiropractic examination, diagnostic and treatment methods may also include electrodiagnostic testing and manipulation under anesthesia when appropriate education standards have been met and as approved by the department as being appropriate to the practice of chiropractic.
c. The practice of the profession of chiropractic allows a licensed chiropractor who has successfully completed a registered doctoral, postdoctoral or continuing education certification program of a higher education credential by an accrediting agency, which contains courses of study in wellness care methods, nutrition, and dietary advice satisfactory to the department; use of wellness care methods and the ability to engage in nutritional counseling and dietary advice, including the dispensing of food concentrates, food extracts, nutraceuticals, vitamins, minerals, and other nutritional supplements approved by the department as being appropriate to, and as a part of, the practice of chiropractic.
3. a. A license to practice as a chiropractor shall not permit the holder thereof to use [radio-therapy, fluoroscopy, or any form of ionizing radiation except X-ray which shall be used for the detection of structural imbalance, distortion, or subluxations in the human body] ionizing radiation sources for the purposes of radiotherapy.
b. The requirements and limitations with respect to the use of [X-ray] diagnostic imaging studies by chiropractors shall be enforced by the state commissioner of health and [he] the commissioner is authorized to promulgate rules and regulations after conferring with the [board] department to carry out the purposes of this subdivision.
c. Chiropractors shall retain for a period of three years all [X-ray films] diagnostic images taken in the course of their practice, together with the records pertaining thereto, and shall make such [films] images and records available to the state commissioner of health or his or her representative on demand.
4. Chiropractors may use diagnostic clinical laboratory methods involving chemical or biological means which particular tests and services shall be approved by the department as appropriate to the practice of chiropractic.
[3.] 5. A license to practice chiropractic shall not permit the holder thereof to treat for any infectious diseases such as pneumonia, any communicable diseases listed in the sanitary code of the state of New York, any of the cardio-vascular-renal or cardio-pulmonary diseases, any surgical condition [of the abdomen such as acute appendicitis, or diabetes], or any benign or malignant neoplasms; to operate; to reduce fractures [or dislocations]; to prescribe, administer, dispense or use in [his] practice drugs or medicines[; or to use diagnostic or therapeutic methods involving chemical or biological means except diagnostic services performed by clinical laboratories which services shall be approved by the board as appropriate to the practice of chiropractic; or to utilize electrical devices except those devices approved by the board as being appropriate to the practice of chiropractic. Nothing herein shall be construed to prohibit a licensed chiropractor who has success-
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fully completed a registered doctoral program in chiropractic, which contains courses of study in nutrition satisfactory to the department, from using nutritional counseling, including the dispensing of food concentrates, food extracts, vitamins, minerals, and other nutritional supplements approved by the board as being appropriate to, and as a part of, his or her practice of chiropractic. Nothing herein shall be construed to prohibit an individual who is not subject to regulation in this state as a licensed chiropractor from engaging in nutritional counseling.] or controlled substances or to administer or use anesthetics. Chiropractors may use topical analgesic substances and anesthetic balms, salves or emollients or advise on over the counter substances.
§ 2. Section 6552 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
§ 6552. Practice of chiropractic and use of title "chiropractor", "doctor of chiropractic" or "chiropractic physician". Only a person licensed [or exempt] or otherwise authorized under this article [shall] to practice chiropractic [or] may use the title "chiropractor", "doctor of chiropractic" or "chiropractic physician".
§ 3. Section 6553 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
§ 6553. State board for chiropractic. A state board for chiropractic 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] eight members, including [at least four] seven licensed chiropractors[, one licensed physician who is a doctor of medicine, one licensed physician who is a doctor of osteopathy, and one educator who holds a doctorate or equivalent degree in either anatomy, physiology, pathology, chemistry or microbiology] in this state for at least five years and one public member. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner.
§ 4. Section 6554 of the education law, as added by chapter 987 of the laws of 1971, subdivision 3 as amended by chapter 994 of the laws of 1971, subdivision 6 as amended by chapter 133 of the laws of 1982, and subdivision 8 as amended by chapter 62 of the laws of 1989, is amended to read as follows:
§ 6554. Requirements for a professional license. To qualify for a license as a chiropractor, an applicant shall fulfill the following requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, including [two] three years or ninety semester hours of credit or equivalent trimester or quarter hours of credit of preprofessional college study and completion of a [four-year resident program in chiropractic,] program of chiropractic education of not less than four academic years, or the equivalent thereof in accordance with the commissioner's regulations;
(3) Experience: have experience satisfactory to the board and in accordance with the commissioner's regulations[:];
(4) Examination: pass examinations satisfactory to the board and in accordance with the commissioner's regulations[, in clinical chiropractic analysis, the practice of chiropractic, X-ray as it relates to chiropractic analysis, and examinations satisfactory to the department in anatomy, physiology, pathology, chemistry, microbiology, diagnosis, and the use and effect of X-ray] for the practice of chiropractic;
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(5) Age: be at least twenty-one years of age;
(6) Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States;
(7) Character: be of good moral character as determined by the department; and
(8) Fees: pay a fee of one hundred seventy-five dollars to the department for [admission to a department conducted examination and for] an initial license upon completion and passage of a department approved examination, a fee of eighty-five dollars for each reexamination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period.
§ 5. Section 6555 of the education law, as amended by chapter 537 of the laws of 1983, is amended to read as follows:
§ 6555. Exempt persons. [Nothing in this article shall be construed to affect or prevent a student enrolled in a college of chiropractic in this state from engaging in all phases of clinical practice under supervision of a licensed chiropractor or physician in a curriculum registered by the department.] The following persons under the following limitations may practice chiropractic within the state without a license:
1. A student enrolled in any accredited college of chiropractic engaging in all phases of clinical practice under supervision of a licensed chiropractor or physician in a curriculum registered by the department; or
2. A student who is performing a clinical externship or preceptorship in a chiropractic office or clinic setting and who is enrolled in a chiropractic school which meets the standards satisfactory to the department, provided such practice is under the direct supervision of a licensed chiropractor for a maximum period of twelve months; or
3. Any chiropractor authorized to practice chiropractic while travelling from another state or country in which he or she is licensed, to provide chiropractic services during any emergency services associated with any rescue, recovery or humanitarian relief effort provided such practice is limited to the organized emergency services; or
4. A chiropractor who is not a resident of this state who is legally qualified to practice in his or her state and who is travelling from another state for the purpose of providing chiropractic services for a specific purpose or event of limited duration; or
5. Any chiropractor who is licensed in another state or country and who is meeting or communicating with a chiropractor licensed in this state, for purposes of consultation, provided such practice is limited to such consultation; or
6. Any chiropractor who is licensed in another state or country, who is visiting a chiropractic school or teaching facility in this state to receive chiropractic instruction for a period not to exceed six months or to conduct chiropractic instruction, provided such practice is limited to such instruction and is under the general supervision of a licensed chiropractor; or
7. Any chiropractor who is authorized by a foreign government to practice in relation to its diplomatic, consular or maritime staffs, provided such practice is limited to such staffs; or
8. Any commissioned chiropractic officer who is serving in the United States armed forces or public health service or any chiropractor who is employed in the United States Veterans Administration, provided such practice is limited to such service or employment.
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§ 6. Section 6556 of the education law is REPEALED and a new section 6556 is added to read as follows:
§ 6556. Limited permits. Permits limited as to eligibility, practice and duration, shall be issued by the department to eligible applicants, as follows:
1. Eligibility: The following persons shall be eligible for a limited permit:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to modernizing the chiropractic scope of practice; and to repeal certain provisions of such law relating thereto
Summary of provisions
OF BILL:
This proposed bill would amend numerous sections of Article 132 of the Education Law by updating and modernizing the provisions related to the scope of practice for the profession of chiropractic. Significantly, this modernization legislation recognizes the changes in the education and training of doctors of chiropractic while ensuring that the profes- sion remains surgery and drug free.
Justification
The chiropractic scope of practice was established in the State of New York in 1963. Since that time, the scope of practice for the chiroprac- tic profession has not been changed or updated. In the 50 plus years since the licensed profession of chiropractic was recognized in New York, there have been significant advances in the educational standards and training for doctors of chiropractic. As such, this legislation will update and modernize the scope of practice to reflect the evolution of the practice of chiropractic and the significant changes and develop- ments that have happened in the educational curriculum since 1963.
The doctoral level education and training that chiropractors receive includes a wide area of study with a focus on conservative healthcare. Chiropractors are well trained as portal of entry providers with train- ing in patient evaluation and assessment, diagnosis, and conservative treatments. While the foundation of chiropractic is the spinal adjust- ment, standard training includes education in extremities, nutrition, therapeutic exercise, adjunctive modalities, and diagnostic testing. This strong background is built upon in postgraduate education with certification in electro-diagnosis, DOT examination, manipulation under anesthesia and other specialty areas.
Chiropractors are well trained and positioned to assist with the burgeoning healthcare crisis by offering a drug free, non-surgical health option. To allow chiropractors to fill this role in public health and to best assist their patients with all of their clinical training a modernized scope is required.
Legislative history
New Bill
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.