Bill Text: NY A03070 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to physical therapist assistants; establishes that physical therapist assistants shall be licensed.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A03070 Detail]
Download: New_York-2019-A03070-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3070 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to physical therapist assistants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6738 of the education law, as added by chapter 618 2 of the laws of 1980, subdivision a as designated by chapter 184 of the 3 laws of 1982, subdivision b as amended by chapter 532 of the laws of 4 1999, subdivision c as amended by chapter 120 of the laws of 1998, and 5 subdivision d as added by chapter 20 of the laws of 1998, is amended to 6 read as follows: 7 § 6738. Definition of physical therapist assistant. a. A "physical 8 therapist assistant" means a person [certified] licensed in accordance 9 with this article who works under the supervision of a licensed physical 10 therapist performing such patient related activities as are assigned by 11 the supervising physical therapist. Duties of physical therapist assist- 12 ants shall not include evaluation, testing, interpretation, planning or 13 modification of patient programs. Supervision of a physical therapist 14 assistant by a licensed physical therapist shall be on-site supervision, 15 but not necessarily direct personal supervision. The number of licensed 16 physical therapist assistants supervised by one licensed physical thera- 17 pist shall not exceed the ratio of four licensed physical therapist 18 assistants to one licensed physical therapist as shall be determined by 19 the commissioner's regulations insuring that there be adequate super- 20 vision in the best interest of public health and safety. Nothing in this 21 section shall prohibit a hospital from employing physical therapist 22 assistants, provided they work under the supervision of physical thera- 23 pists designated by the hospital and not beyond the scope of practice of 24 a physical therapist assistant. The numerical limitation of this section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01569-01-9A. 3070 2 1 shall not apply to work performed in a hospital, provided that there be 2 adequate supervision in the best interest of public health and safety. 3 b. Notwithstanding the provisions of subdivision a of this section, 4 supervision of a licensed physical therapist assistant by a licensed 5 physical therapist, (i) in a residential health care facility, as 6 defined in article twenty-eight of the public health law, (ii) in a 7 diagnostic and treatment center licensed under article twenty-eight of 8 the public health law that provides, as its principal mission, services 9 to individuals with developmental disabilities, (iii) in a facility, as 10 defined in section 1.03 of the mental hygiene law, or (iv) under a moni- 11 tored program of the office of mental retardation and developmental 12 disabilities as defined in subdivision (a) of section 13.15 of the 13 mental hygiene law, shall be continuous but not necessarily on site when 14 the supervising physical therapist has determined, through evaluation, 15 the setting of goals and the establishment of a treatment plan, that the 16 program is one of maintenance as defined pursuant to title XVIII of the 17 federal social security act. The provisions of this subdivision shall 18 not apply to the provision of physical therapy services when the condi- 19 tion requires multiple adjustments of sequences and procedures due to 20 rapidly changing physiological status and/or response to treatment, or 21 to children under five years of age. 22 c. For the purposes of the provision of physical therapist assistant 23 services in a home care services setting, as such services are defined 24 in article thirty-six of the public health law, except that the home 25 care services setting shall not include early intervention services as 26 defined in title two-A of article twenty-five of the public health law, 27 whether such services are provided by a home care services agency or 28 under the supervision of a physical therapist licensed pursuant to this 29 article, continuous supervision of a licensed physical therapist assist- 30 ant, who has had direct clinical experience for a period of not less 31 than two years, by a licensed physical therapist shall not be construed 32 as requiring the physical presence of such licensed physical therapist 33 at the time and place where such services are performed. For purposes of 34 this subdivision "continuous supervision" shall be deemed to include: 35 (i) the licensed physical therapist's setting of goals, establishing a 36 plan of care and determining whether the patient is appropriate to 37 receive the services of a licensed physical therapist assistant subject 38 to the licensed physical therapist's evaluation; (ii) an initial joint 39 visit with the patient by the supervising licensed physical therapist 40 and the licensed physical therapist assistant; (iii) periodic treatment 41 and evaluation of the patient by the supervising licensed physical ther- 42 apist, as indicated in the plan of care and as determined in accordance 43 with patient need, but in no instance shall the interval between such 44 treatment exceed every six patient visits or thirty days, whichever 45 occurs first; and (iv) a final evaluation by the supervising licensed 46 physical therapist to determine if the plan of care shall be terminated. 47 For purposes of this subdivision, the number of licensed physical thera- 48 pist assistant's supervised in the home care services setting by a 49 licensed physical therapist shall not exceed the ratio of two physical 50 therapist assistants to one licensed physical therapist. 51 d. (1) For purposes of the provision of licensed physical therapist 52 assistant services in public primary or private primary or secondary 53 schools and for preschool children, as that term is defined in paragraph 54 i of subdivision one of section forty-four hundred ten of this chapter, 55 and receiving services thereunder, continuous supervision of a licensed 56 physical therapist assistant, who has direct clinical experience provid-A. 3070 3 1 ing age appropriate physical therapy services for a period of not less 2 than two years, by a licensed physical therapist shall not be construed 3 as requiring the physical presence of such licensed physical therapist 4 at the time and place where such services are performed. For purposes of 5 this subdivision "continuous supervision" shall be deemed to include: 6 (i) the licensed physical therapist's setting of the goals, establish- 7 ing a plan of care, determining on an initial and ongoing basis whether 8 the patient is appropriate to receive the services of a licensed phys- 9 ical therapist assistant, determining the frequency of joint visits with 10 the patient by both the supervising licensed physical therapist and the 11 licensed physical therapist assistant, except that in no instance shall 12 the interval, between joint visits, be more than every ninety calendar 13 days, subject to the licensed physical therapist's evaluation; 14 (ii) an initial joint visit with the patient by the supervising 15 licensed physical therapist and licensed physical therapist assistant; 16 (iii) periodic treatment and evaluation of the patient by the super- 17 vising licensed physical therapist as indicated in the plan of care and 18 as determined in accordance with patient need, except that in no 19 instance shall the interval between such treatment exceed every twelfth 20 visit or thirty days which ever occurs first; and 21 (iv) notification of the supervising licensed physical therapist by 22 the licensed physical therapist assistant whenever there is a change in 23 status, condition or performance of the patient. 24 (2) This subdivision shall not apply to the provision of physical 25 therapy services when a child's condition requires multiple adjustments 26 of sequences and procedures due to rapidly changing physiologic status 27 and/or response to treatment. 28 § 2. Section 6739 of the education law, as added by chapter 618 of the 29 laws of 1980, is amended to read as follows: 30 § 6739. Duties of licensed physical therapist assistants and the use 31 of title "physical therapist assistant". Only a person [certified] 32 licensed or otherwise authorized under this article shall participate in 33 the practice of physical therapy as a licensed physical therapist 34 assistant and only a person [certified] licensed under this section 35 shall use the title "physical therapist assistant". 36 § 3. Section 6740 of the education law, as added by chapter 618 of the 37 laws of 1980, subdivision c-1 as added by chapter 404 of the laws of 38 2002, subdivision f as amended by chapter 43 of the laws of 1987, and 39 subdivision g as amended by chapter 62 of the laws of 1989, is amended 40 to read as follows: 41 § 6740. Requirements for [certification] license as a physical thera- 42 pist assistant. a. Application: file an application with the department; 43 b. Education: have received an education including completion of a 44 two-year college program in a physical therapist assistant program or 45 equivalent in accordance with the commissioner's regulations; 46 c. Experience: have experience satisfactory to the state board for 47 physical therapy in accordance with the commissioner's regulations; 48 c-1. Examination: pass an examination satisfactory to the board and in 49 accordance with the commissioner's regulations; 50 d. Age: be at least eighteen years of age; 51 e. Character: be of good moral character as determined by the depart- 52 ment; 53 f. Registration: all [certified] licensed physical therapist assist- 54 ants shall register triennially with the [education] department in 55 accordance with the regulations of the commissioner;A. 3070 4 1 g. Fees: pay a fee for an initial [certificate] license of forty-five 2 dollars, and for the biennial registration period ending December thir- 3 ty-first, nineteen hundred eighty-two a fee of twenty dollars and a fee 4 of fifty dollars for each triennial registration period. 5 § 4. Section 6742-a of the education law, as added by chapter 207 of 6 the laws of 2008, is amended to read as follows: 7 § 6742-a. Mandatory continuing education. 1. (a) Each licensed phys- 8 ical therapist and [certified] licensed physical therapist assistant 9 required under this article to register triennially with the department 10 to practice in the state shall comply with the provisions of the manda- 11 tory continuing education requirements prescribed in subdivision two of 12 this section except as set forth in paragraphs (b) and (c) of this 13 subdivision. Licensed physical therapist and [certified] licensed phys- 14 ical therapist assistants who do not satisfy the mandatory continuing 15 education requirements shall not practice until they have met such 16 requirements, and they have been issued a registration certificate, 17 except that a licensed physical therapist or [certified] licensed phys- 18 ical therapist assistant may practice without having met such require- 19 ments if he or she is issued a conditional registration certificate 20 pursuant to subdivision three of this section. 21 (b) Each licensed physical therapist and [certified] licensed physical 22 therapist assistant shall be exempt from the mandatory continuing educa- 23 tion requirement for the triennial registration period during which they 24 are first licensed. In accordance with the intent of this section, 25 adjustment to the mandatory continuing education requirement may be 26 granted by the department for reasons of health certified by an appro- 27 priate health care professional, for extended active duty with the armed 28 forces of the United States, or for other good cause acceptable to the 29 department which may prevent compliance. 30 (c) A licensed physical therapist and [certified] licensed physical 31 therapist assistant not engaged in practice, as determined by the 32 department, shall be exempt from the mandatory continuing education 33 requirement upon the filing of a statement with the department declaring 34 such status. Any licensee who returns to the practice of physical thera- 35 py during the triennial registration period shall notify the department 36 prior to reentering the profession and shall meet such mandatory educa- 37 tion requirements as shall be prescribed by regulations of the commis- 38 sioner. 39 2. During each triennial registration period an applicant for regis- 40 tration as a licensed physical therapist or [certified] licensed phys- 41 ical therapist assistant shall complete a minimum of thirty-six hours of 42 acceptable formal continuing education, as specified in subdivision four 43 of this section. Any licensed physical therapist or [certified] licensed 44 physical therapist assistant whose first registration date following the 45 effective date of this section occurs less than three years from such 46 effective date, but on or after January first, two thousand ten, shall 47 complete continuing education hours on a prorated basis at the rate of 48 one-half hour per month for the period beginning January first, two 49 thousand ten up to the first registration date thereafter. A licensee 50 who has not satisfied the mandatory continuing education requirements 51 shall not be issued a triennial registration certificate by the depart- 52 ment and shall not practice unless and until a conditional registration 53 certificate is issued as provided for in subdivision three of this 54 section. Continuing education hours taken during one triennium may not 55 be transferred to a subsequent triennium.A. 3070 5 1 3. The department, in its discretion, may issue a conditional regis- 2 tration to a licensee who fails to meet the continuing education 3 requirements established in subdivision two of this section but who 4 agrees to make up any deficiencies and complete any additional education 5 which the department may require the fee for such a conditional regis- 6 tration shall be the same as, and in addition to, the fee for the trien- 7 nial registration. The duration of such conditional registration shall 8 be determined by the department but shall not exceed one year. Any 9 licensee who is notified of the denial of registration for failure to 10 submit evidence, satisfactory to the department, of required continuing 11 education and who practices without such registration may be subject to 12 disciplinary proceedings pursuant to section sixty-five hundred ten of 13 this title. 14 4. As used in subdivision two of this section, "acceptable formal 15 education" shall mean formal courses of learning which contribute to 16 professional practice in physical therapy and which meet the standards 17 prescribed by regulations of the commissioner. Such formal courses of 18 learning shall include, but not be limited to, collegiate level credit 19 and non-credit courses, professional development programs and technical 20 sessions offered by national, state and local professional associations 21 and other organizations acceptable to the department, and any other 22 organized educational and technical programs acceptable to the depart- 23 ment. The department may, in its discretion and as needed to contribute 24 to the health and welfare of the public, require the completion of 25 continuing education courses in specific subjects to fulfill this manda- 26 tory continuing education requirement. Courses must be taken from a 27 sponsor approved by the department, pursuant to the regulations of the 28 commissioner. 29 5. Licensed physical therapist or [certified] licensed physical thera- 30 pist assistant shall maintain adequate documentation of completion of 31 acceptable formal continuing education and shall provide such documenta- 32 tion at the request of the department. Failure to provide such documen- 33 tation upon the request of the department shall be an act of misconduct 34 subject to disciplinary proceedings pursuant to section sixty-five 35 hundred ten of this title. 36 6. The mandatory continuing education fee shall be forty-five dollars, 37 shall be payable on or before the first day of each triennial registra- 38 tion period, and shall be paid in addition to the triennial registration 39 fee required by section sixty-seven hundred thirty-four of this article. 40 § 5. This act shall take effect on the one hundred eightieth day after 41 it shall have become a law; provided, however, that amendments to subdi- 42 visions c and d of section 6738 of the education law made by section one 43 of this act shall not affect the repeal of such subdivisions and shall 44 be deemed repealed therewith. Effective immediately, the addition, 45 amendment and/or repeal of any rule or regulation necessary for the 46 implementation of this act on its effective date are authorized and 47 directed to be made and completed by the commissioner of education and 48 the board of regents on or before such effective date.
