STATE OF NEW YORK
________________________________________________________________________
7443
2019-2020 Regular Sessions
IN ASSEMBLY
May 3, 2019
___________
Introduced by M. of A. PICHARDO, ZEBROWSKI -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11410-01-9
A. 7443 2
1 form shall be in duplicate, with one copy to be retained by the patient,
2 signed and dated by both the physical therapist and the patient in such
3 form as prescribed pursuant to regulations promulgated by the commis-
4 sioner.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the addition, amend-
7 ment and/or repeal of any rule or regulation necessary for the implemen-
8 tation of this act on its effective date are authorized and directed to
9 be made and completed on or before such effective date.
