Bill Text: NY S05421 | 2019-2020 | General Assembly | Amended

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Bill Title: Includes coverage of treatment rendered by a massage therapist.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-11-27 - VETOED MEMO.67 [S05421 Detail]

Download: New_York-2019-S05421-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5421--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 30, 2019
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor  --  recommitted  to
          the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the workers' compensation law, in relation to including
          coverage of treatment rendered by a massage therapist

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

     1    Section 1. Paragraph (m) of subdivision 1 of section 13-b of the work-
     2  ers' compensation law, as added by section 1 of part CC of chapter 55 of
     3  the  laws of 2019, is amended and a new paragraph (f-1) is added to read
     4  as follows:
     5    (f-1) "Massage therapist" shall mean licensed and having  completed  a
     6  formal  course  of  study and having passed an examination in accordance
     7  with the education law, the regulations of the  commissioner  of  educa-
     8  tion, and the requirements of the board of regents.
     9    (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
    10  massage  therapist, nurse practitioner, occupational therapist, physical
    11  therapist, physician, physician assistant, podiatrist, psychologist,  or
    12  social worker authorized by the chair.
    13    §  2.  Paragraphs  (d) and (e) of subdivision 2 of section 13-b of the
    14  workers' compensation law, as added by section 1 of part CC  of  chapter
    15  55 of the laws of 2019, are amended to read as follows:
    16    (d)  Upon  the  prescription  or  referral of an authorized physician,
    17  physician assistant, podiatrist, or nurse practitioner acting within the
    18  scope of his or her practice, care or treatment may be  rendered  to  an
    19  injured employee by an authorized physical therapist, occupational ther-
    20  apist  [or],  acupuncturist or massage therapist provided the conditions
    21  and the treatment performed are among the conditions that  the  physical
    22  therapist,  occupational therapist [or], acupuncturist or massage thera-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11388-02-0
        S. 5421--A                          2

     1  pist is authorized to treat pursuant to the education law or  the  regu-
     2  lations  of the commissioner of education. Where any such care or treat-
     3  ment is rendered, records  of  the  patient's  condition  and  progress,
     4  together  with  records  of  instruction for treatment, if any, shall be
     5  maintained by  the  physical  therapist,  occupational  therapist  [or],
     6  acupuncturist or massage therapist rendering treatment and by the refer-
     7  ring  physician, physician assistant, podiatrist, or nurse practitioner.
     8  Said records shall be submitted to the chair on forms and at such  times
     9  as the chair may require.
    10    (e)  A record, report or opinion of a physical therapist, occupational
    11  therapist, acupuncturist, massage therapist or physician assistant shall
    12  not be considered as evidence of the causal relationship of  any  condi-
    13  tion to a work related accident or occupational disease under this chap-
    14  ter.  Nor may a record, report or opinion of a physical therapist, occu-
    15  pational  therapist  [or],  acupuncturist  or   massage   therapist   be
    16  considered  evidence  of disability. Nor may a record, report or opinion
    17  of a physician assistant be considered evidence of  the  presence  of  a
    18  permanent or initial disability or the degree thereof.
    19    §  3.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law.