STATE OF NEW YORK
        ________________________________________________________________________
                                          3594
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI,  BENEDETTO, COLTON, WEPRIN, RYAN,
          MAGNARELLI, L. ROSENTHAL, LIFTON, STIRPE,  OTIS,  CYMBROWITZ,  CAHILL,
          BUCHWALD, GOTTFRIED, HUNTER, LENTOL, AUBRY, JOHNS, BLANKENBUSH, BRABE-
          NEC,  LALOR,  MALLIOTAKIS, PALMESANO -- Multi-Sponsored by -- M. of A.
          ABBATE, ABINANTI, ARROYO, CROUCH, DILAN,  DINOWITZ,  GOODELL,  HAWLEY,
          HEVESI, LAWRENCE, LUPARDO, McDONOUGH, RA, RAIA, RIVERA, SIMON, THIELE,
          WOERNER, WRIGHT -- read once and referred to the Committee on Labor
        AN  ACT  to amend the workers' compensation law, in relation to physical
          therapy care provided through the workers' compensation system
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (d) of subdivision 1 of section 13-b of the work-
     2  ers' compensation law, as amended by chapter 473 of the laws of 2000, is
     3  amended to read as follows:
     4    (d)  Upon  the  referral  which may be directive as to treatment of an
     5  authorized physician physical therapy care may be  rendered  by  a  duly
     6  licensed physical therapist or by a certified physical therapist assist-
     7  ant,  provided  that a certified physical therapist assistant shall work
     8  under the supervision of a licensed physical therapist  performing  such
     9  patient  related  activities as are assigned by the supervising physical
    10  therapist pursuant to article one hundred thirty-six  of  the  education
    11  law.    Where physical therapy care is rendered records of the patient's
    12  condition and progress, together with records of instruction for  treat-
    13  ment,  if  any, shall be maintained by the physical therapist and physi-
    14  cian.   Physical therapists must co-sign  physical  therapist  assistant
    15  treatment  notes.  Said  records shall be submitted to the chair on such
    16  forms and at such times as the chair may require.   Care provided  by  a
    17  licensed  physical therapist or a certified physical therapist assistant
    18  shall be in accordance with article one hundred thirty-six of the educa-
    19  tion law. The chair, in consultation with the board's medical  director,
    20  shall  review  physical therapy service codes to determine the appropri-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06522-01-9

        A. 3594                             2
     1  ateness of modifiers, if any, based on the   practitioner rendering  the
     2  service  and shall implement modifiers as appropriate. A certified phys-
     3  ical therapist assistant shall not be authorized to perform  independent
     4  medical examinations.
     5    §  2.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law.