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S03923 Summary:

BILL NOS03923
 
SAME ASSAME AS A05974
 
SPONSORKENNEDY
 
COSPNSRGAUGHRAN, GOUNARDES, MANNION, STEC
 
MLTSPNSR
 
Amd §6731, Ed L
 
Relates to removing limits on the duration of treatment by a licensed physical therapist when a patient does not have a referral.
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S03923 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3923
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by Sens. KENNEDY, GOUNARDES -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Higher Educa-
          tion
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07738-01-1

        S. 3923                             2
 
     1  records  a  form  attesting to the patient's notice of such advice. Such
     2  form shall be in duplicate, with one copy to be retained by the patient,
     3  signed and dated by both the physical therapist and the patient in  such
     4  form  as  prescribed  pursuant to regulations promulgated by the commis-
     5  sioner.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law. Effective immediately, the addition,  amend-
     8  ment and/or repeal of any rule or regulation necessary for the implemen-
     9  tation  of this act on its effective date are authorized and directed to
    10  be made and completed on or before such effective date.
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