STATE OF NEW YORK
________________________________________________________________________
6024
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
___________
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 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.
LBD11566-01-7
S. 6024 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; provided, however, that effective immediate-
7 ly, the addition, amendment and/or repeal of any rule or regulation
8 necessary for the implementation of this act on its effective date are
9 authorized and directed to be made and completed on or before such
10 effective date.