STATE OF NEW YORK
________________________________________________________________________
7498--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 7, 2019
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Introduced by M. of A. WOERNER, DICKENS, McDONALD, D'URSO, BRABENEC,
DeSTEFANO, GOTTFRIED -- 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 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.
LBD11388-03-0
A. 7498--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.
