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New York Workers' Compensation Law Section 13-b - Authorization Of Physicians, Medical Bureaus And Laboratories By The Chair.

Legal Research Home > New York Lawyer > Workers' Compensation > New York Workers' Compensation Law Section 13-b - Authorization Of Physicians, Medical Bureaus And Laboratories By The Chair.

    § 13-b. Authorization of physicians, medical bureaus and laboratories
  by the chair. 1. Upon the recommendation of 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, the chair may authorize physicians licensed to practice medicine
  in the state of New York to render medical care under this  chapter  and
  to   perform   independent   medical  examinations  in  accordance  with
  subdivision four of section thirteen-a of this article. If, within sixty
  days after the chair requests such recommendations the  medical  society
  of  such county or board fails to act, or if there is no such society in
  such county, the chair shall designate  a  board  of  three  outstanding
  physicians, who shall make the requisite recommendations.
    No such authorization shall be made in the absence of a recommendation
  of the appropriate society or board or of a review and recommendation by
  the medical appeals unit. No person shall render medical care or conduct
  independent   medical  examinations  under  this  chapter  without  such
  authorization by the chair, provided, that:
    (a) Any physician licensed to practice medicine in the  state  of  New
  York  may  render  emergency  medical  care  under  this chapter without
  authorization by the chair under this section; and
    (b) A licensed physician who is a  member  of  a  constituted  medical
  staff  of  any hospital may render medical care under this chapter while
  an injured employee remains a patient in such hospital; and
    (c) Under  the  active  and  personal  supervision  of  an  authorized
  physician  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
  physician  to the chair on such forms and at such times as the chair may
  require.
    (d) Upon the referral which may be directive as  to  treatment  of  an
  authorized  physician  physical  therapy  care may be rendered by a duly
  licensed physical therapist. Where physical  therapy  care  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 and physician. Said records shall be submitted to the
  chair on such forms and at such times as the chair may require.
    (e)  Upon  the  prescription  or  referral  of an authorized physician
  occupational  therapy  care  may  be  rendered  by   a   duly   licensed
  occupational  therapist.  Where  occupational  therapy  care is rendered
  records of the patient's condition and progress, together  with  records
  of  instruction  for  treatment,  if  any  shall  be  maintained  by the
  occupational therapist and physician. Said records shall be submitted to
  the chair on forms and at such times as the chair may require.
    (f) 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 physician, the employer or  carrier
  shall  arrange  for  such  examination  to  be  performed by a qualified
  physician in a medical facility convenient to the claimant.
    2. A physician licensed to practice medicine in the state of New  York
  who  is  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 medical society in the county
  in which his or her office is located, or with  a  board  designated  by
  such  society,  or  with  a board designated by the chair as provided in
  this section. In such application the applicant shall state his  or  her
  training  and  qualifications,  and  shall  agree  to  limit  his or her
  professional activities under this chapter  to  such  medical  care  and
  independent  medical examinations, as his or her experience and training
  qualify him or her to render.  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 physicians 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 physician for
  payment for treatment rendered by a physician after he or she  has  been
  removed from the list of physicians 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. The medical society  or  the  board
  designated by it, or the board as otherwise provided under this section,
  if  it  deems such licensed physician duly qualified, shall recommend to
  the chair that such physician  be  authorized  to  render  medical  care
  and/or  conduct independent medical examinations under this chapter, and
  such recommendation and authorization shall specify the character of the
  medical care or independent medical examination which such physician  is
  qualified   and   authorized   to   render   under  this  chapter.  Such
  recommendations shall be advisory to the chair only  and  shall  not  be
  binding  or  conclusive  upon  him  or  her.  The licensed physician may
  present to  the  medical  society  or  board,  evidences  of  additional
  qualifications   at   any   time  subsequent  to  his  or  her  original
  application. If the medical society or board fails to recommend  to  the
  chair  that  a  physician be authorized to render medical care and/or to
  conduct  independent  medical  examinations  under  this  chapter,   the
  physician may appeal to the medical appeals unit. The medical society or
  the  board  designated  by  it, or the board as otherwise provided under
  this section, may upon its own initiative, or shall upon request of  the
  chair,  review at any time the qualifications of any physician as to the
  character of the medical care or independent medical examinations  which
  such  physician  has  theretofore  been  authorized to render under this
  chapter and may recommend to the chair that such physician be authorized
  to render medical care or to conduct  independent  medical  examinations
  thereafter  of  the  character which such physician is then qualified to
  render. On such advisory recommendation the chair may review  and  after
  reasonable  investigation may revise the authorization of a physician in
  respect to the character of medical care and/or to  conduct  independent
  medical  examinations  which  he  or she is authorized to render. If the
  medical society or board recommends to the chair  that  a  physician  be
  authorized  to render medical care and/or to conduct independent medical
  examinations under this  chapter  of  a  character  different  from  the
  character  of medical care or independent medical examinations he or she
  has been theretofore authorized to render,  such  physician  may  appeal
  from such recommendation to the medical appeals unit.
    3. 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  workmen  under  this  chapter
  shall  be operated or supervised by qualified physicians duly authorized
  under this chapter and shall be subject to  the  provisions  of  section
  thirteen-c  of this chapter. The person in charge of diagnostic clinical
  laboratories duly  authorized  under  this  chapter  shall  possess  the
  qualifications  established by the public health 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.

Last modified: July 31, 2006