Bill Text: NY S04735 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to physical therapist assistants; establishes that physical therapist assistants shall be licensed.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S04735 Detail]

Download: New_York-2019-S04735-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4735
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD01569-01-9

        S. 4735                             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-

        S. 4735                             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;

        S. 4735                             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.

        S. 4735                             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.
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