S 5860 NY

0likes☆Favorite🔕SubscribeShare

Passed One Chamber

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S05860 Summary: BILL NO S05860C &nbsp SAME AS SAME AS A04706-C

&nbsp SPONSOR GOUNARDES &nbsp COSPNSR MURRAY, SKOUFIS &nbsp MLTSPNSR &nbsp Rpld §6556, amd §§6551, 6552, 6553, 6554 & 6555, add §§6556 & 6557, Ed L &nbsp Expands the scope of chiropractic practice.

Go to top S05860 Text:

STATE OF NEW YORK ________________________________________________________________________

5860--C

2025-2026 Regular Sessions

IN SENATE

March 3, 2025 ___________

Introduced by Sens. GOUNARDES, MURRAY, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee

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 Assem- bly, do enact as follows:

1 Section 1. Section 6551 of the education law, as added by chapter 987 2 of the laws of 1971, paragraphs a and b of subdivision 2 as amended by 3 chapter 450 of the laws of 1983, and subdivision 3 as amended by chapter 4 683 of the laws of 1991, is amended to read as follows: 5 § 6551. Definition of practice of chiropractic. 1. The practice of 6 the profession of chiropractic is defined as [ detecting and correcting 7 by manual or mechanical means structural imbalance, distortion, or 8 subluxations in the human body for the purpose of removing nerve inter- 9 ference and the effects thereof, where such interference is the result 10 of or related to distortion, misalignment or subluxation of or in the 11 vertebral column. 2. ] the examination, evaluation, diagnosis, detection 12 and/or correction by manual, mechanical or other means, subluxations in 13 the vertebral column and other articulations and the effects thereof; 14 and/or the ability to treat soft tissue or neuromusculoskeletal dysfunc- 15 tion for the restoration and maintenance of health. 16 2. a. The practice of chiropractic includes physical and functional 17 examination of patients, health assessments, analysis, or to give

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05767-09-6

S. 5860--C 2

1 consultation, advice, recommendations and counseling regarding anatomy, 2 physiology, neurology, wellness and health optimization by any means of 3 communication, the use of x-ray and diagnostic imaging studies using 4 ionizing and non-ionizing imaging methods, adjustment, mobilization, 5 manipulation, traction, and decompression, and other procedures consist- 6 ing of but not limited to, heat, cold, light, air, water, sound, elec- 7 tricity, massage, manual therapies, therapeutic exercise with or without 8 assistive devices. Chiropractors may use diagnostic clinical laboratory 9 methods directly related to the diagnosis and monitoring of neuromuscu- 10 loskeletal conditions, including those assessing nutritional or metabol- 11 ic factors that impact musculoskeletal health, as approved by the 12 department. 13 b. Chiropractic examination, diagnostic and treatment methods may also 14 include electrodiagnostic testing and manipulation under anesthesia when 15 appropriate education standards have been met and as approved by the 16 department as being appropriate to the practice of chiropractic. 17 c. The practice of the profession of chiropractic allows a licensed 18 chiropractor who has successfully completed a registered doctoral, post- 19 doctoral or continuing education certification program of a higher 20 education credential by an accrediting agency, which contains courses of 21 study in wellness care methods, nutrition, and dietary advice satisfac- 22 tory to the department; use of wellness care methods and the ability to 23 engage in nutritional counseling and dietary advice, including the 24 dispensing of food concentrates, food extracts, nutraceuticals, vita- 25 mins, minerals, and other nutritional supplements approved by the 26 department as being appropriate to, and as a part of, the practice of 27 chiropractic, as the above relates to the definition of the practice of 28 chiropractic in subdivision one of this section. 29 3. a. A license to practice as a chiropractor shall permit a chirop- 30 ractic practitioner in their professional discretion the ability to 31 take, order and use x-ray and diagnostic imaging studies but shall not 32 permit the holder thereof to use [ radio-therapy, fluoroscopy, or any 33 form of ionizing radiation except X-ray which shall be used for the 34 detection of structural imbalance, distortion, or subluxations in the 35 human body ] ionizing radiation sources for the purposes of radiotherapy . 36 b. The requirements and limitations with respect to the use of [ X-ray ] 37 diagnostic imaging studies by chiropractors shall be enforced by the 38 state commissioner of health and [ he ] the commissioner is authorized to 39 promulgate rules and regulations after conferring with the [ board ] 40 department to carry out the purposes of this subdivision. 41 c. Chiropractors shall retain for a period of three years all [ X-ray 42 films ] diagnostic images taken in the course of their practice, together 43 with the records pertaining thereto, and shall make such [ films ] images 44 and records available to the state commissioner of health or [ his ] their 45 representative on demand. 46 [ 3. ] 4. Chiropractors may use diagnostic clinical laboratory methods 47 involving chemical or biological means which particular tests and 48 services shall be approved by the department as appropriate to the prac- 49 tice of chiropractic as defined in this section. 50 5. A license to practice chiropractic shall not permit the holder 51 thereof to treat for any infectious diseases such as pneumonia, any 52 communicable diseases listed in the sanitary code of the state of New 53 York, any of the cardio-vascular-renal or cardio-pulmonary diseases, any 54 surgical condition [ of the abdomen such as acute appendicitis, or 55 diabetes ], or any benign or malignant neoplasms; to operate; to reduce 56 fractures [ or dislocations ]; to prescribe, administer, dispense or use

S. 5860--C 3

1 in [ his ] their practice drugs or medicines[ ; or to use diagnostic or 2 therapeutic methods involving chemical or biological means except diag- 3 nostic services performed by clinical laboratories which services shall 4 be approved by the board as appropriate to the practice of chiropractic; 5 or to utilize electrical devices except those devices approved by the 6 board as being appropriate to the practice of chiropractic. Nothing 7 herein shall be construed to prohibit a licensed chiropractor who has 8 successfully completed a registered doctoral program in chiropractic, 9 which contains courses of study in nutrition satisfactory to the depart- 10 ment, from using nutritional counseling, including the dispensing of 11 food concentrates, food extracts, vitamins, minerals, and other nutri- 12 tional supplements approved by the board as being appropriate to, and as 13 a part of, his or her practice of chiropractic. Nothing herein shall be 14 construed to prohibit an individual who is not subject to regulation in 15 this state as a licensed chiropractor from engaging in nutritional coun- 16 seling. ] or controlled substances or to administer or use anesthetics. 17 Chiropractors may use over the counter topical analgesic substances and 18 anesthetic balms, salves or emollients or advise on over the counter 19 substances. 20 § 2. Section 6552 of the education law, as added by chapter 987 of the 21 laws of 1971, is amended to read as follows: 22 § 6552. Practice of chiropractic and use of title "chiropractor" or 23 "doctor of chiropractic" . Only a person licensed [ or exempt ] or other- 24 wise authorized under this article [ shall ] to practice chiropractic [ or ] 25 may use the title "chiropractor" or "doctor of chiropractic" . 26 § 3. Section 6553 of the education law, as added by chapter 987 of the 27 laws of 1971, is amended to read as follows: 28 § 6553. State board for chiropractic. A state board for chiropractic 29 shall be appointed by the board of regents on recommendation of the 30 commissioner for the purpose of assisting the board of regents and the 31 department on matters of professional licensing and professional conduct 32 in accordance with section sixty-five hundred eight of this title. The 33 board shall be composed of not less than [ seven ] eight members, includ- 34 ing [ at least four licensed ] seven chiropractors[ , one licensed physi- 35 cian who is a doctor of medicine, one licensed physician who is a doctor 36 of osteopathy, and one educator who holds a doctorate or equivalent 37 degree in either anatomy, physiology, pathology, chemistry or microbiol- 38 ogy ] licensed in this state and one public member . An executive secre- 39 tary to the board shall be appointed by the board of regents on recom- 40 mendation of the commissioner. 41 § 4. Section 6554 of the education law, as added by chapter 987 of the 42 laws of 1971, subdivision 3 as amended by chapter 994 of the laws of 43 1971, subdivision 6 as amended by chapter 669 of the laws of 2022, and 44 subdivision 8 as amended by chapter 62 of the laws of 1989, is amended 45 to read as follows: 46 § 6554. Requirements for a professional license. To qualify for a 47 license as a chiropractor, an applicant shall fulfill the following 48 requirements: 49 (1) Application: file an application with the department; 50 (2) Education: have received an education, including [ two ] three years 51 or ninety semester hours of credit or equivalent trimester or quarter 52 hours of credit of preprofessional college study and completion of a 53 [ four-year resident program in chiropractic, ] program of chiropractic 54 education of not less than four academic years, or the equivalent there- 55 of in accordance with the commissioner's regulations;

S. 5860--C 4

1 (3) Experience: have experience satisfactory to the board and in 2 accordance with the commissioner's regulations[ : ] ; 3 (4) Examination: pass examinations satisfactory to the board and in 4 accordance with the commissioner's regulations[ , in clinical chiroprac- 5 tic analysis, the practice of chiropractic, X-ray as it relates to 6 chiropractic analysis, and examinations satisfactory to the department 7 in anatomy, physiology, pathology, chemistry, microbiology, diagnosis, 8 and the use and effect of X-ray ] for the practice of chiropractic ; 9 (5) Age: be at least twenty-one years of age; 10 (6) Citizenship or immigration status: be a United States citizen or a 11 noncitizen lawfully admitted for permanent residence in the United 12 States; 13 (7) Character: be of good moral character as determined by the depart- 14 ment; and 15 (8) Fees: pay a fee of one hundred seventy-five dollars to the depart- 16 ment for [ admission to a department conducted examination and for ] an 17 initial license, [ a fee of eighty-five dollars for each reexamination, a 18 fee of one hundred fifteen dollars for an initial license for persons 19 not requiring admission to a department conducted examination, ] and a 20 fee of one hundred fifty-five dollars for each triennial registration 21 period. 22 § 5. Section 6555 of the education law, as amended by chapter 537 of 23 the laws of 1983, is amended to read as follows: 24 § 6555. Exempt persons. [ Nothing in this article shall be construed 25 to affect or prevent a student enrolled in a college of chiropractic in 26 this state from engaging in all phases of clinical practice under super- 27 vision of a licensed chiropractor or physician in a curriculum regis- 28 tered by the department. ] The following persons under the following 29 limitations may practice chiropractic within the state without a 30 license: 31 1. A student enrolled in any accredited college of chiropractic engag- 32 ing in all phases of clinical practice under supervision of a licensed 33 chiropractor or physician in a curriculum registered by the department; 34 or 35 2. A student who is performing a clinical externship or preceptorship 36 in a chiropractic office or clinic setting and who is enrolled in a 37 chiropractic school which meets the standards satisfactory to the 38 department, provided such practice is under the direct supervision of a 39 licensed chiropractor for a maximum period of twelve months; or 40 3. Any chiropractor who is licensed in another state or country and 41 who is meeting or communicating with a chiropractor licensed in this 42 state, for purposes of consultation, provided such practice is limited 43 to such consultation; or 44 4. Any chiropractor who is licensed in another state or country, who 45 is visiting a chiropractic school or teaching facility in this state to 46 receive chiropractic instruction for a period not to exceed six months 47 or to conduct chiropractic instruction, provided such practice is limit- 48 ed to such instruction and is under the general supervision of a 49 licensed chiropractor; or 50 5. Any chiropractor who is authorized by a foreign government to prac- 51 tice in relation to its diplomatic, consular or maritime staffs, 52 provided such practice is limited to such staffs; or 53 6. Any commissioned chiropractic officer who is serving in the United 54 States armed forces or public health service or any chiropractor who is 55 employed in the United States Veterans Administration, provided such 56 practice is limited to such service or employment; or

S. 5860--C 5

1 7. (a) Any chiropractor who is licensed and in good standing in anoth- 2 er state or territory, and who has a written agreement to provide 3 chiropractic services to athletes and team personnel of a United States 4 sports team recognized by the United States Olympic committee or an 5 out-of-state secondary school, institution of postsecondary education, 6 or professional athletic organization sports team, may provide chirop- 7 ractic services to such athletes and team personnel at a discrete sanc- 8 tioned team sporting event in this state as defined by the commissioner 9 in regulations, provided such services are provided only to such 10 athletes and team personnel at the discrete sanctioned team sporting 11 event. Any such chiropractic services shall be provided only five days 12 before through three days after each discrete sanctioned team sporting 13 event. 14 (b) Any person practicing as a chiropractor in New York state pursuant 15 to this subdivision shall be subject to the personal and subject matter 16 jurisdiction and disciplinary and regulatory authority of the board of 17 regents as if such chiropractor is a licensee and as if the exemption 18 pursuant to this subdivision is a license. Such individual shall comply 19 with applicable provisions of this title, the public health law, the 20 rules of the board of regents, and the regulations of the commissioner 21 and the commissioner of health, relating to professional misconduct, 22 disciplinary proceedings and penalties for professional misconduct. 23 § 6. Section 6556 of the education law is REPEALED and a new section 24 6556 is added to read as follows: 25 § 6556. Limited permits. Permits limited as to eligibility, practice 26 and duration, shall be issued by the department to eligible applicants, 27 as follows: 28 1. Eligibility: The following persons shall be eligible for a limited 29 permit: 30 a. A person who fulfills all requirements for a license as a chiro- 31 practor except those relating to the examination; 32 b. A licensed foreign chiropractor who meets guidelines developed in 33 accordance with the commissioner's regulations; 34 c. A licensed foreign chiropractor or a foreign intern who is in this 35 country on a non-immigration visa for the continuation of chiropractic 36 study who meets guidelines developed in accordance with the commission- 37 er's regulations and has received two years of training at a United 38 States accredited chiropractic school; 39 d. Any graduate of a chiropractic school which meets standards satis- 40 factory to the department, provided such practice is under the general 41 supervision of a licensed chiropractor for a maximum period of twelve 42 months from date of graduation. 43 2. Limit of practice. A permittee shall be authorized to practice 44 chiropractic only under the supervision of a licensed chiropractor and 45 only in a licensed chiropractic office or clinical setting. 46 3. Duration. A limited permit shall be valid for one year. A limited 47 permit may be renewed annually at the discretion of the department. 48 4. Fees. The fee for each limited permit and for each renewal shall be 49 one hundred five dollars. 50 § 7. The education law is amended by adding a new section 6557 to read 51 as follows: 52 § 6557. Special provisions. Notwithstanding any inconsistent 53 provision of any general, special or local law, any licensed chiroprac- 54 tor who voluntarily and without the expectation of monetary compensation 55 renders first aid or emergency treatment at the scene of an accident or 56 other emergency, outside a hospital, doctor's office or any other place

S. 5860--C 6

1 having proper and necessary chiropractic equipment, to a person who is 2 unconscious, ill or injured, shall not be liable for damages for inju- 3 ries alleged to have been sustained by such person or for damages for 4 the death of such person alleged to have occurred by reason of an act or 5 omission in the rendering of such first aid or emergency treatment 6 unless it is established that such injuries were or such death was 7 caused by gross negligence on the part of such chiropractor. Nothing in 8 this section shall be deemed or construed to relieve a licensed chiro- 9 practor from liability for damages for injuries or death caused by an 10 act or omission on the part of a chiropractor while rendering profes- 11 sional services in the normal and ordinary course of their practice. 12 § 8. This act shall take effect eighteen months after it shall have 13 become a law.

Go to top

Sitemap

Request Information

Directions and Maps