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S02138 Summary:

S02138 Actions:

S02138 Committee Votes:

S02138 Floor Votes:

S02138 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2138
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 20, 2021
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
 
        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-
    23  pist  is  authorized to treat pursuant to the education law or the regu-
    24  lations of the commissioner of education. Where any such care or  treat-
    25  ment  is  rendered,  records  of  the  patient's condition and progress,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06669-01-1
        S. 2138                             2
 
     1  together with records of instruction for treatment,  if  any,  shall  be
     2  maintained  by  the  physical  therapist,  occupational  therapist [or],
     3  acupuncturist or massage therapist rendering treatment and by the refer-
     4  ring  physician, physician assistant, podiatrist, or nurse practitioner.
     5  Said records shall be submitted to the chair on forms and at such  times
     6  as the chair may require.
     7    (e)  A record, report or opinion of a physical therapist, occupational
     8  therapist, acupuncturist, massage therapist or physician assistant shall
     9  not be considered as evidence of the causal relationship of  any  condi-
    10  tion to a work related accident or occupational disease under this chap-
    11  ter.  Nor may a record, report or opinion of a physical therapist, occu-
    12  pational  therapist  [or],  acupuncturist  or   massage   therapist   be
    13  considered  evidence  of disability. Nor may a record, report or opinion
    14  of a physician assistant be considered evidence of  the  presence  of  a
    15  permanent or initial disability or the degree thereof.
    16    §  3.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law.