Bill Text: NY S09213 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a supervising licensed physical therapist shall be available for consultation with a physical therapist assistant in a timely manner; removes the on-site supervision requirement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-05 - referred to higher education [S09213 Detail]

Download: New_York-2023-S09213-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9213

                    IN SENATE

                                       May 6, 2024
                                       ___________

        Introduced  by Sen. STAVISKY -- 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  physical  therapist
          assistants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision a of section 6738  of  the  education  law,  as
     2  amended  by  chapter  511  of  the  laws  of 2022, is amended to read as
     3  follows:
     4    a. A "physical therapist assistant" means a person licensed in accord-
     5  ance with this article who works under the direction and supervision  of
     6  a licensed physical therapist performing such patient related activities
     7  as  are  assigned by the supervising physical therapist. Duties of phys-
     8  ical therapist  assistants  shall  not  include  evaluation,  [testing,]
     9  interpretation,   planning  or  modification  of  [patient  programs]  a
    10  patient's plan of care.   [Supervision of a]  The  supervising  licensed
    11  physical  therapist  [assistant  by  a  licensed] shall be available for
    12  consultation with the physical therapist [shall be on-site  supervision,
    13  but  not  necessarily direct personal supervision] assistant in a timely
    14  manner, taking into consideration the practice setting, the condition of
    15  the patient and the physical  therapy  services  being  provided.    The
    16  number  of  licensed  physical  therapist  assistants  supervised by one
    17  licensed physical therapist shall not exceed the ratio of four  licensed
    18  physical  therapist  assistants  to  one  licensed physical therapist as
    19  shall be determined by  the  commissioner's  regulations  insuring  that
    20  there  be adequate supervision in the best interest of public health and
    21  safety. Nothing in this section shall prohibit a hospital from employing
    22  physical therapist assistants, provided they work under the  supervision
    23  of  physical  therapists  designated  by the hospital and not beyond the
    24  scope of practice of a physical therapist assistant. The numerical limi-
    25  tation of this section shall not apply to work performed in a  hospital,
    26  provided  that  there  be  adequate  supervision in the best interest of
    27  public health and safety.
    28    § 2. This act shall take effect one year after it shall have become  a
    29  law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15440-01-4