Authorizes treatment of workers' compensation injuries by an occupational therapy assistant and a physical therapy assistant; directs certain records to be retained.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1204A
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the workers' compensation law, in relation to authoriz-
ing treatment of workers' compensation injuries by an occupational ther-
apy assistant or physical therapy assistant
PURPOSE OR GENERAL IDEA OF BILL:
This bill allows occupational therapy assistants and physical therapist
assistants to provide care to workers' compensation patients under the
direction and supervision of an authorized provider.
SUMMARY OF PROVISIONS:
Section one provides definitions for the terms "physical therapist
assistant" and "occupational therapy assistant" in the Workers' Compen-
sation Law.
Section two provides that occupational therapy assistants and physical
therapist assistants may provide care to workers' compensation patients
under the direction and supervision of an authorized provider.
Section three sets the effective date.
JUSTIFICATION:
Occupational therapy assistants provide a valuable service. They prac-
tice under the direction and supervision of a licensed occupational
therapist or licensed physician and most meet stringent educational and
experience requirements in order to be licensed by the State Education
Department. Unfortunately, workers' compensation patients cannot receive
care from an occupational therapy assistant. This bill would allow work-
ers t compensation patients to receive care from an occupational therapy
assistant that is licensed by the State Education Department.
LEGISLATIVE HISTORY:
A.1055 of 2021-22,
A.3753-B of 2019-20,
A.1396-B of 2017-18,
A.1670 of 2015-16
A.7980 of 2013-2014.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act would take effect on the thirtieth day after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
1204--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI, WEPRIN, COLTON, BENEDETTO, STECK,
STIRPE, THIELE, DICKENS, SEAWRIGHT, GANDOLFO, BRABENEC, CARROLL,
SIMON, LUNSFORD, JACOBSON, McDONALD, BUTTENSCHON, EACHUS, REILLY,
SILLITTI, McMAHON, SHIMSKY, BENDETT, LEMONDES -- Multi-Sponsored by --
M. of A. McDONOUGH -- read once and referred to the Committee on Labor
-- recommitted to the Committee on Labor 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 workers' compensation law, in relation to authoriz-
ing treatment of workers' compensation injuries by an occupational
therapy assistant or physical therapy assistant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 13-b of the workers' compensation
2 law is amended by adding two new paragraphs (p) and (q) to read as
3 follows:
4 (p) "Physical therapist assistant" shall mean licensed in accordance
5 with the education law and the licensing requirements of the commis-
6 sioner of education.
7 (q) "Occupational therapy assistant" shall mean licensed in accordance
8 with the education law and the licensing requirements of the commission-
9 er of education.
10 § 2. Subdivision 2 of section 13-b of the workers' compensation law is
11 amended by adding a new paragraph (b-1) to read as follows:
12 (b-1) Under the direction and supervision of an authorized occupa-
13 tional therapist, occupational therapy services may be rendered by an
14 occupational therapy assistant. Under the direction and supervision of
15 an authorized physical therapist, physical therapy services may be
16 rendered by a physical therapist assistant. Where any such care or
17 treatment is rendered, records of the patient's condition and progress,
18 together with records of instruction for treatment, if any, shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03223-04-4
A. 1204--A 2
1 maintained by the physical therapist or occupational therapist and by
2 the referring physician, physician assistant, podiatrist, or nurse prac-
3 titioner. Said records shall be submitted to the chair on forms and at
4 such times as the chair may require.
5 § 3. This act shall take effect on the thirtieth day after it shall
6 have become a law.
