Bill Text: NY A02300 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes limits on the duration of treatment by a licensed physical therapist when a patient does not have a referral.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced) 2024-01-03 - referred to higher education [A02300 Detail]

Download: New_York-2023-A02300-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2300

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced by M. of A. CLARK, BUTTENSCHON, LUPARDO, L. ROSENTHAL -- 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.
                                                                   LBD04710-01-3
        A. 2300                             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.