Bill Text: NY S09716 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes limits on the duration of treatment by a licensed physical therapist when a patient does not have a referral.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-05-22 - REFERRED TO HIGHER EDUCATION [S09716 Detail]

Download: New_York-2023-S09716-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9716

                    IN SENATE

                                      May 22, 2024
                                       ___________

        Introduced  by  Sens.  BROUK, ASHBY, BORRELLO, CHU, GALLIVAN, GOUNARDES,
          MANNION, STEC, WEBER -- 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 removing limits on the
          duration  of treatment by a licensed physical therapist when a patient
          does not have a referral

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

     1    Section  1.  Subdivision  d  of  section 6731 of the education law, as
     2  amended by chapter 389 of the laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    d.  Such  treatment  may  be rendered by a licensed physical therapist
     5  [for ten visits or thirty days, whichever shall occur first,] without  a
     6  referral  from  a  physician, dentist, podiatrist, nurse practitioner or
     7  licensed midwife provided that:
     8    (1) [The licensed physical therapist has practiced physical therapy on
     9  a full time basis equivalent to not less than three years.] The physical
    10  therapist will refer the patient to  the  appropriate  licensed  profes-
    11  sional  if symptoms are present of which physical therapy is contraindi-
    12  cated or which symptoms are indicative of conditions for which treatment
    13  is outside the scope of the practice of physical therapy;
    14    (2)  If the patient has a primary  care  licensed  provider  or  other
    15  treating  physician,  the  physical  therapist provides ongoing communi-
    16  cation with that professional during the course of treatment; and
    17    (3) Each physical therapist licensed pursuant to  this  article  shall
    18  provide  written  notice  to  each  patient receiving treatment absent a
    19  referral from a physician, dentist, podiatrist,  nurse  practitioner  or
    20  licensed  midwife  that  physical  therapy  may  not  be  covered by the
    21  patient's health care plan or insurer without such a referral  and  that
    22  such treatment may be a covered expense if rendered pursuant to a refer-
    23  ral.  The  physical  therapist  shall  keep  on  file with the patient's
    24  records a form attesting to the patient's notice of  such  advice.  Such
    25  form shall be in duplicate, with one copy to be retained by the patient,
    26  signed  and dated by both the physical therapist and the patient in such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04710-01-3
        S. 9716                             2

     1  form as prescribed pursuant to regulations promulgated  by  the  commis-
     2  sioner.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it  shall have become a law. Effective immediately, the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized and directed  to
     7  be made and completed on or before such effective date.