Bill Text: NY A06727 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to physical therapist assistants; establishes that physical therapist assistants shall be licensed.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2022-08-17 - signed chap.511 [A06727 Detail]

Download: New_York-2021-A06727-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6727--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced  by M. of A. ZEBROWSKI, ABINANTI, CARROLL, B. MILLER, PAULIN,
          THIELE, McDONALD, SEAWRIGHT -- read once and referred to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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. Section 6738 of the education law, as added by chapter  618
     2  of  the  laws of 1980, subdivision a as designated by chapter 184 of the
     3  laws of 1982, subdivision b as amended by chapter 672  of  the  laws  of
     4  2019,  subdivision  c as amended by chapter 120 of the laws of 1998, and
     5  subdivision d as added by chapter 20 of the laws of 1998, is amended  to
     6  read as follows:
     7    § 6738. Definition  of  physical  therapist  assistant. a. A "physical
     8  therapist assistant" means a person [certified] licensed  in  accordance
     9  with this article who works under the supervision of a licensed physical
    10  therapist  performing such patient related activities as are assigned by
    11  the supervising physical therapist. Duties of physical therapist assist-
    12  ants shall not include evaluation, testing, interpretation, planning  or
    13  modification  of  patient  programs. Supervision of a physical therapist
    14  assistant by a licensed physical therapist shall be on-site supervision,
    15  but not necessarily direct personal supervision. The number of  licensed
    16  physical therapist assistants supervised by one licensed physical thera-
    17  pist  shall  not  exceed  the  ratio of four licensed physical therapist
    18  assistants to one licensed physical therapist as shall be determined  by
    19  the  commissioner's  regulations  insuring that there be adequate super-
    20  vision in the best interest of public health and safety. Nothing in this
    21  section shall prohibit a  hospital  from  employing  physical  therapist

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04296-04-2

        A. 6727--A                          2

     1  assistants,  provided they work under the supervision of physical thera-
     2  pists designated by the hospital and not beyond the scope of practice of
     3  a physical therapist assistant. The numerical limitation of this section
     4  shall  not apply to work performed in a hospital, provided that there be
     5  adequate supervision in the best interest of public health and safety.
     6    b. Notwithstanding the provisions of subdivision a  of  this  section,
     7  supervision  of  a  licensed  physical therapist assistant by a licensed
     8  physical therapist, (i)  in  a  residential  health  care  facility,  as
     9  defined  in  article  twenty-eight  of  the public health law, (ii) in a
    10  diagnostic and treatment center licensed under article  twenty-eight  of
    11  the  public health law that provides, as its principal mission, services
    12  to individuals with developmental disabilities, (iii) in a facility,  as
    13  defined in section 1.03 of the mental hygiene law, or (iv) under a moni-
    14  tored  program  of the office for people with developmental disabilities
    15  as defined in subdivision (a) of section 13.15  of  the  mental  hygiene
    16  law,  shall be continuous but not necessarily on site when the supervis-
    17  ing physical therapist has determined, through evaluation,  the  setting
    18  of  goals and the establishment of a treatment plan, that the program is
    19  one of maintenance as defined pursuant to title  XVIII  of  the  federal
    20  social  security act. The provisions of this subdivision shall not apply
    21  to the  provision  of  physical  therapy  services  when  the  condition
    22  requires multiple adjustments of sequences and procedures due to rapidly
    23  changing  physiological status and/or response to treatment, or to chil-
    24  dren under five years of age.
    25    c. For the purposes of the provision of physical  therapist  assistant
    26  services  in  a home care services setting, as such services are defined
    27  in article thirty-six of the public health law,  except  that  the  home
    28  care  services  setting shall not include early intervention services as
    29  defined in title two-A of article twenty-five of the public health  law,
    30  whether  such  services  are  provided by a home care services agency or
    31  under the supervision of a physical therapist licensed pursuant to  this
    32  article, continuous supervision of a licensed physical therapist assist-
    33  ant,  who  has  had  direct clinical experience for a period of not less
    34  than two years, by a licensed physical therapist shall not be  construed
    35  as  requiring  the physical presence of such licensed physical therapist
    36  at the time and place where such services are performed. For purposes of
    37  this subdivision "continuous supervision" shall be  deemed  to  include:
    38  (i)  the  licensed physical therapist's setting of goals, establishing a
    39  plan of care and determining  whether  the  patient  is  appropriate  to
    40  receive  the services of a licensed physical therapist assistant subject
    41  to the licensed physical therapist's evaluation; (ii) an  initial  joint
    42  visit  with  the  patient by the supervising licensed physical therapist
    43  and the licensed physical therapist assistant; (iii) periodic  treatment
    44  and evaluation of the patient by the supervising licensed physical ther-
    45  apist,  as indicated in the plan of care and as determined in accordance
    46  with patient need, but in no instance shall the  interval  between  such
    47  treatment  exceed  every  six  patient  visits or thirty days, whichever
    48  occurs first; and (iv) a final evaluation by  the  supervising  licensed
    49  physical therapist to determine if the plan of care shall be terminated.
    50  For purposes of this subdivision, the number of licensed physical thera-
    51  pist  assistant's  supervised  in  the  home  care services setting by a
    52  licensed physical therapist shall not exceed the ratio of  two  physical
    53  therapist assistants to one licensed physical therapist.
    54    d.  (1)  For  purposes of the provision of licensed physical therapist
    55  assistant services in public primary or  private  primary  or  secondary
    56  schools and for preschool children, as that term is defined in paragraph

        A. 6727--A                          3

     1  i  of subdivision one of section forty-four hundred ten of this chapter,
     2  and receiving services thereunder, continuous supervision of a  licensed
     3  physical therapist assistant, who has direct clinical experience provid-
     4  ing  age  appropriate physical therapy services for a period of not less
     5  than two years, by a licensed physical therapist shall not be  construed
     6  as  requiring  the physical presence of such licensed physical therapist
     7  at the time and place where such services are performed. For purposes of
     8  this subdivision "continuous supervision" shall be deemed to include:
     9    (i) the licensed physical therapist's setting of the goals, establish-
    10  ing a plan of care, determining on an initial and ongoing basis  whether
    11  the  patient  is appropriate to receive the services of a licensed phys-
    12  ical therapist assistant, determining the frequency of joint visits with
    13  the patient by both the supervising licensed physical therapist and  the
    14  licensed  physical therapist assistant, except that in no instance shall
    15  the interval, between joint visits, be more than every  ninety  calendar
    16  days, subject to the licensed physical therapist's evaluation;
    17    (ii)  an  initial  joint  visit  with  the  patient by the supervising
    18  licensed physical therapist and licensed physical therapist assistant;
    19    (iii) periodic treatment and evaluation of the patient by  the  super-
    20  vising  licensed physical therapist as indicated in the plan of care and
    21  as determined in  accordance  with  patient  need,  except  that  in  no
    22  instance  shall the interval between such treatment exceed every twelfth
    23  visit or thirty days which ever occurs first; and
    24    (iv) notification of the supervising licensed  physical  therapist  by
    25  the  licensed physical therapist assistant whenever there is a change in
    26  status, condition or performance of the patient.
    27    (2) This subdivision shall not apply  to  the  provision  of  physical
    28  therapy  services when a child's condition requires multiple adjustments
    29  of sequences and procedures due to rapidly changing  physiologic  status
    30  and/or response to treatment.
    31    § 2. Section 6739 of the education law, as added by chapter 618 of the
    32  laws of 1980, is amended to read as follows:
    33    § 6739. Duties  of  licensed physical therapist assistants and the use
    34  of title "physical  therapist  assistant".  Only  a  person  [certified]
    35  licensed or otherwise authorized under this article shall participate in
    36  the  practice  of  physical  therapy  as  a  licensed physical therapist
    37  assistant and only a person  [certified]  licensed  under  this  section
    38  shall use the title "physical therapist assistant".
    39    § 3. Section 6740 of the education law, as added by chapter 618 of the
    40  laws  of  1980,  subdivision  c-1 as added by chapter 404 of the laws of
    41  2002, subdivision f as amended by chapter 43 of the laws  of  1987,  and
    42  subdivision  g  as amended by chapter 62 of the laws of 1989, is amended
    43  to read as follows:
    44    § 6740. Requirements for [certification] license as a physical  thera-
    45  pist assistant. a. Application: file an application with the department;
    46    b.  Education:  have  received  an education including completion of a
    47  two-year college program in a physical therapist  assistant  program  or
    48  equivalent in accordance with the commissioner's regulations;
    49    c.  Experience:  have  experience  satisfactory to the state board for
    50  physical therapy in accordance with the commissioner's regulations;
    51    c-1. Examination: pass an examination satisfactory to the board and in
    52  accordance with the commissioner's regulations;
    53    d. Age: be at least eighteen years of age;
    54    e. Character: be of good moral character as determined by the  depart-
    55  ment;

        A. 6727--A                          4

     1    f.  Registration:  all [certified] licensed physical therapist assist-
     2  ants shall register  triennially  with  the  [education]  department  in
     3  accordance with the regulations of the commissioner;
     4    g.  Fees: pay a fee for an initial [certificate] license of forty-five
     5  dollars, and for the biennial registration period ending December  thir-
     6  ty-first,  nineteen hundred eighty-two a fee of twenty dollars and a fee
     7  of fifty dollars for each triennial registration period.
     8    § 4. Section 6742-a of the education law, as added by chapter  207  of
     9  the laws of 2008, is amended to read as follows:
    10    §  6742-a.  Mandatory continuing education. 1. (a) Each licensed phys-
    11  ical therapist and [certified]  licensed  physical  therapist  assistant
    12  required  under this article to register triennially with the department
    13  to practice in the state shall comply with the provisions of the  manda-
    14  tory  continuing education requirements prescribed in subdivision two of
    15  this section except as set forth in  paragraphs  (b)  and  (c)  of  this
    16  subdivision.  Licensed physical therapist and [certified] licensed phys-
    17  ical therapist assistants who do not satisfy  the  mandatory  continuing
    18  education  requirements  shall  not  practice  until  they have met such
    19  requirements, and they have  been  issued  a  registration  certificate,
    20  except  that a licensed physical therapist or [certified] licensed phys-
    21  ical therapist assistant may practice without having met  such  require-
    22  ments  if  he  or  she  is issued a conditional registration certificate
    23  pursuant to subdivision three of this section.
    24    (b) Each licensed physical therapist and [certified] licensed physical
    25  therapist assistant shall be exempt from the mandatory continuing educa-
    26  tion requirement for the triennial registration period during which they
    27  are first licensed. In accordance  with  the  intent  of  this  section,
    28  adjustment  to  the  mandatory  continuing  education requirement may be
    29  granted by the department for reasons of health certified by  an  appro-
    30  priate health care professional, for extended active duty with the armed
    31  forces  of  the United States, or for other good cause acceptable to the
    32  department which may prevent compliance.
    33    (c) A licensed physical therapist and  [certified]  licensed  physical
    34  therapist  assistant  not  engaged  in  practice,  as  determined by the
    35  department, shall be exempt  from  the  mandatory  continuing  education
    36  requirement upon the filing of a statement with the department declaring
    37  such status. Any licensee who returns to the practice of physical thera-
    38  py  during the triennial registration period shall notify the department
    39  prior to reentering the profession and shall meet such mandatory  educa-
    40  tion  requirements  as shall be prescribed by regulations of the commis-
    41  sioner.
    42    2. During each triennial registration period an applicant  for  regis-
    43  tration  as  a licensed physical therapist or [certified] licensed phys-
    44  ical therapist assistant shall complete a minimum of thirty-six hours of
    45  acceptable formal continuing education, as specified in subdivision four
    46  of this section. Any licensed physical therapist or [certified] licensed
    47  physical therapist assistant whose first registration date following the
    48  effective date of this section occurs less than three  years  from  such
    49  effective  date,  but on or after January first, two thousand ten, shall
    50  complete continuing education hours on a prorated basis at the  rate  of
    51  one-half  hour  per  month  for  the period beginning January first, two
    52  thousand ten up to the first registration date  thereafter.  A  licensee
    53  who  has  not  satisfied the mandatory continuing education requirements
    54  shall not be issued a triennial registration certificate by the  depart-
    55  ment  and shall not practice unless and until a conditional registration
    56  certificate is issued as provided  for  in  subdivision  three  of  this

        A. 6727--A                          5

     1  section.  Continuing  education hours taken during one triennium may not
     2  be transferred to a subsequent triennium.
     3    3.  The  department, in its discretion, may issue a conditional regis-
     4  tration to a  licensee  who  fails  to  meet  the  continuing  education
     5  requirements  established  in  subdivision  two  of this section but who
     6  agrees to make up any deficiencies and complete any additional education
     7  which the department may require the fee for such a  conditional  regis-
     8  tration shall be the same as, and in addition to, the fee for the trien-
     9  nial  registration.  The duration of such conditional registration shall
    10  be determined by the department but  shall  not  exceed  one  year.  Any
    11  licensee  who  is  notified of the denial of registration for failure to
    12  submit evidence, satisfactory to the department, of required  continuing
    13  education  and who practices without such registration may be subject to
    14  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
    15  this title.
    16    4.  As  used  in  subdivision  two of this section, "acceptable formal
    17  education" shall mean formal courses of  learning  which  contribute  to
    18  professional  practice  in physical therapy and which meet the standards
    19  prescribed by regulations of the commissioner. Such  formal  courses  of
    20  learning  shall  include, but not be limited to, collegiate level credit
    21  and non-credit courses, professional development programs and  technical
    22  sessions  offered by national, state and local professional associations
    23  and other organizations acceptable to  the  department,  and  any  other
    24  organized  educational  and technical programs acceptable to the depart-
    25  ment. The department may, in its discretion and as needed to  contribute
    26  to  the  health  and  welfare  of  the public, require the completion of
    27  continuing education courses in specific subjects to fulfill this manda-
    28  tory continuing education requirement. Courses  must  be  taken  from  a
    29  sponsor  approved  by the department, pursuant to the regulations of the
    30  commissioner.
    31    5. Licensed physical therapist or [certified] licensed physical thera-
    32  pist assistant shall maintain adequate documentation  of  completion  of
    33  acceptable formal continuing education and shall provide such documenta-
    34  tion  at the request of the department. Failure to provide such documen-
    35  tation upon the request of the department shall be an act of  misconduct
    36  subject  to  disciplinary  proceedings  pursuant  to  section sixty-five
    37  hundred ten of this title.
    38    6. The mandatory continuing education fee shall be forty-five dollars,
    39  shall be payable on or before the first day of each triennial  registra-
    40  tion period, and shall be paid in addition to the triennial registration
    41  fee required by section sixty-seven hundred thirty-four of this article.
    42    §  5.  This  act shall take effect eighteen months after it shall have
    43  become a law; provided, however, that amendments to subdivisions c and d
    44  of section 6738 of the education law made by section  one  of  this  act
    45  shall  not  affect  the  repeal of such subdivisions and shall be deemed
    46  repealed  therewith.  Effective  immediately,  the  addition,  amendment
    47  and/or repeal of any rule or regulation necessary for the implementation
    48  of  this  act  on  its  effective  date  are  authorized  to be made and
    49  completed on or before such effective date.
feedback