Bill Text: NY S08746 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to physical therapist assistants; establishes that physical therapist assistants shall be licensed.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2022-05-17 - SUBSTITUTED BY A6727A [S08746 Detail]
Download: New_York-2021-S08746-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8746 IN SENATE April 7, 2022 ___________ Introduced by Sens. STAVISKY, 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 672 of the laws of 4 2019, 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 25 shall not apply to work performed in a hospital, provided that there be 26 adequate supervision in the best interest of public health and safety. 27 b. Notwithstanding the provisions of subdivision a of this section, 28 supervision of a licensed physical therapist assistant by a licensed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04296-03-2S. 8746 2 1 physical therapist, (i) in a residential health care facility, as 2 defined in article twenty-eight of the public health law, (ii) in a 3 diagnostic and treatment center licensed under article twenty-eight of 4 the public health law that provides, as its principal mission, services 5 to individuals with developmental disabilities, (iii) in a facility, as 6 defined in section 1.03 of the mental hygiene law, or (iv) under a moni- 7 tored program of the office for people with developmental disabilities 8 as defined in subdivision (a) of section 13.15 of the mental hygiene 9 law, shall be continuous but not necessarily on site when the supervis- 10 ing physical therapist has determined, through evaluation, the setting 11 of goals and the establishment of a treatment plan, that the program is 12 one of maintenance as defined pursuant to title XVIII of the federal 13 social security act. The provisions of this subdivision shall not apply 14 to the provision of physical therapy services when the condition 15 requires multiple adjustments of sequences and procedures due to rapidly 16 changing physiological status and/or response to treatment, or to chil- 17 dren under five years of age. 18 c. For the purposes of the provision of physical therapist assistant 19 services in a home care services setting, as such services are defined 20 in article thirty-six of the public health law, except that the home 21 care services setting shall not include early intervention services as 22 defined in title two-A of article twenty-five of the public health law, 23 whether such services are provided by a home care services agency or 24 under the supervision of a physical therapist licensed pursuant to this 25 article, continuous supervision of a licensed physical therapist assist- 26 ant, who has had direct clinical experience for a period of not less 27 than two years, by a licensed physical therapist shall not be construed 28 as requiring the physical presence of such licensed physical therapist 29 at the time and place where such services are performed. For purposes of 30 this subdivision "continuous supervision" shall be deemed to include: 31 (i) the licensed physical therapist's setting of goals, establishing a 32 plan of care and determining whether the patient is appropriate to 33 receive the services of a licensed physical therapist assistant subject 34 to the licensed physical therapist's evaluation; (ii) an initial joint 35 visit with the patient by the supervising licensed physical therapist 36 and the licensed physical therapist assistant; (iii) periodic treatment 37 and evaluation of the patient by the supervising licensed physical ther- 38 apist, as indicated in the plan of care and as determined in accordance 39 with patient need, but in no instance shall the interval between such 40 treatment exceed every six patient visits or thirty days, whichever 41 occurs first; and (iv) a final evaluation by the supervising licensed 42 physical therapist to determine if the plan of care shall be terminated. 43 For purposes of this subdivision, the number of licensed physical thera- 44 pist assistant's supervised in the home care services setting by a 45 licensed physical therapist shall not exceed the ratio of two physical 46 therapist assistants to one licensed physical therapist. 47 d. (1) For purposes of the provision of licensed physical therapist 48 assistant services in public primary or private primary or secondary 49 schools and for preschool children, as that term is defined in paragraph 50 i of subdivision one of section forty-four hundred ten of this chapter, 51 and receiving services thereunder, continuous supervision of a licensed 52 physical therapist assistant, who has direct clinical experience provid- 53 ing age appropriate physical therapy services for a period of not less 54 than two years, by a licensed physical therapist shall not be construed 55 as requiring the physical presence of such licensed physical therapistS. 8746 3 1 at the time and place where such services are performed. For purposes of 2 this subdivision "continuous supervision" shall be deemed to include: 3 (i) the licensed physical therapist's setting of the goals, establish- 4 ing a plan of care, determining on an initial and ongoing basis whether 5 the patient is appropriate to receive the services of a licensed phys- 6 ical therapist assistant, determining the frequency of joint visits with 7 the patient by both the supervising licensed physical therapist and the 8 licensed physical therapist assistant, except that in no instance shall 9 the interval, between joint visits, be more than every ninety calendar 10 days, subject to the licensed physical therapist's evaluation; 11 (ii) an initial joint visit with the patient by the supervising 12 licensed physical therapist and licensed physical therapist assistant; 13 (iii) periodic treatment and evaluation of the patient by the super- 14 vising licensed physical therapist as indicated in the plan of care and 15 as determined in accordance with patient need, except that in no 16 instance shall the interval between such treatment exceed every twelfth 17 visit or thirty days which ever occurs first; and 18 (iv) notification of the supervising licensed physical therapist by 19 the licensed physical therapist assistant whenever there is a change in 20 status, condition or performance of the patient. 21 (2) This subdivision shall not apply to the provision of physical 22 therapy services when a child's condition requires multiple adjustments 23 of sequences and procedures due to rapidly changing physiologic status 24 and/or response to treatment. 25 § 2. Section 6739 of the education law, as added by chapter 618 of the 26 laws of 1980, is amended to read as follows: 27 § 6739. Duties of licensed physical therapist assistants and the use 28 of title "physical therapist assistant". Only a person [certified] 29 licensed or otherwise authorized under this article shall participate in 30 the practice of physical therapy as a licensed physical therapist 31 assistant and only a person [certified] licensed under this section 32 shall use the title "physical therapist assistant". 33 § 3. Section 6740 of the education law, as added by chapter 618 of the 34 laws of 1980, subdivision c-1 as added by chapter 404 of the laws of 35 2002, subdivision f as amended by chapter 43 of the laws of 1987, and 36 subdivision g as amended by chapter 62 of the laws of 1989, is amended 37 to read as follows: 38 § 6740. Requirements for [certification] license as a physical thera- 39 pist assistant. a. Application: file an application with the department; 40 b. Education: have received an education including completion of a 41 two-year college program in a physical therapist assistant program or 42 equivalent in accordance with the commissioner's regulations; 43 c. Experience: have experience satisfactory to the state board for 44 physical therapy in accordance with the commissioner's regulations; 45 c-1. Examination: pass an examination satisfactory to the board and in 46 accordance with the commissioner's regulations; 47 d. Age: be at least eighteen years of age; 48 e. Character: be of good moral character as determined by the depart- 49 ment; 50 f. Registration: all [certified] licensed physical therapist assist- 51 ants shall register triennially with the [education] department in 52 accordance with the regulations of the commissioner; 53 g. Fees: pay a fee for an initial [certificate] license of forty-five 54 dollars, and for the biennial registration period ending December thir- 55 ty-first, nineteen hundred eighty-two a fee of twenty dollars and a fee 56 of fifty dollars for each triennial registration period.S. 8746 4 1 § 4. Section 6742-a of the education law, as added by chapter 207 of 2 the laws of 2008, is amended to read as follows: 3 § 6742-a. Mandatory continuing education. 1. (a) Each licensed phys- 4 ical therapist and [certified] licensed physical therapist assistant 5 required under this article to register triennially with the department 6 to practice in the state shall comply with the provisions of the manda- 7 tory continuing education requirements prescribed in subdivision two of 8 this section except as set forth in paragraphs (b) and (c) of this 9 subdivision. Licensed physical therapist and [certified] licensed phys- 10 ical therapist assistants who do not satisfy the mandatory continuing 11 education requirements shall not practice until they have met such 12 requirements, and they have been issued a registration certificate, 13 except that a licensed physical therapist or [certified] licensed phys- 14 ical therapist assistant may practice without having met such require- 15 ments if he or she is issued a conditional registration certificate 16 pursuant to subdivision three of this section. 17 (b) Each licensed physical therapist and [certified] licensed physical 18 therapist assistant shall be exempt from the mandatory continuing educa- 19 tion requirement for the triennial registration period during which they 20 are first licensed. In accordance with the intent of this section, 21 adjustment to the mandatory continuing education requirement may be 22 granted by the department for reasons of health certified by an appro- 23 priate health care professional, for extended active duty with the armed 24 forces of the United States, or for other good cause acceptable to the 25 department which may prevent compliance. 26 (c) A licensed physical therapist and [certified] licensed physical 27 therapist assistant not engaged in practice, as determined by the 28 department, shall be exempt from the mandatory continuing education 29 requirement upon the filing of a statement with the department declaring 30 such status. Any licensee who returns to the practice of physical thera- 31 py during the triennial registration period shall notify the department 32 prior to reentering the profession and shall meet such mandatory educa- 33 tion requirements as shall be prescribed by regulations of the commis- 34 sioner. 35 2. During each triennial registration period an applicant for regis- 36 tration as a licensed physical therapist or [certified] licensed phys- 37 ical therapist assistant shall complete a minimum of thirty-six hours of 38 acceptable formal continuing education, as specified in subdivision four 39 of this section. Any licensed physical therapist or [certified] licensed 40 physical therapist assistant whose first registration date following the 41 effective date of this section occurs less than three years from such 42 effective date, but on or after January first, two thousand ten, shall 43 complete continuing education hours on a prorated basis at the rate of 44 one-half hour per month for the period beginning January first, two 45 thousand ten up to the first registration date thereafter. A licensee 46 who has not satisfied the mandatory continuing education requirements 47 shall not be issued a triennial registration certificate by the depart- 48 ment and shall not practice unless and until a conditional registration 49 certificate is issued as provided for in subdivision three of this 50 section. Continuing education hours taken during one triennium may not 51 be transferred to a subsequent triennium. 52 3. The department, in its discretion, may issue a conditional regis- 53 tration to a licensee who fails to meet the continuing education 54 requirements established in subdivision two of this section but who 55 agrees to make up any deficiencies and complete any additional education 56 which the department may require the fee for such a conditional regis-S. 8746 5 1 tration shall be the same as, and in addition to, the fee for the trien- 2 nial registration. The duration of such conditional registration shall 3 be determined by the department but shall not exceed one year. Any 4 licensee who is notified of the denial of registration for failure to 5 submit evidence, satisfactory to the department, of required continuing 6 education and who practices without such registration may be subject to 7 disciplinary proceedings pursuant to section sixty-five hundred ten of 8 this title. 9 4. As used in subdivision two of this section, "acceptable formal 10 education" shall mean formal courses of learning which contribute to 11 professional practice in physical therapy and which meet the standards 12 prescribed by regulations of the commissioner. Such formal courses of 13 learning shall include, but not be limited to, collegiate level credit 14 and non-credit courses, professional development programs and technical 15 sessions offered by national, state and local professional associations 16 and other organizations acceptable to the department, and any other 17 organized educational and technical programs acceptable to the depart- 18 ment. The department may, in its discretion and as needed to contribute 19 to the health and welfare of the public, require the completion of 20 continuing education courses in specific subjects to fulfill this manda- 21 tory continuing education requirement. Courses must be taken from a 22 sponsor approved by the department, pursuant to the regulations of the 23 commissioner. 24 5. Licensed physical therapist or [certified] licensed physical thera- 25 pist assistant shall maintain adequate documentation of completion of 26 acceptable formal continuing education and shall provide such documenta- 27 tion at the request of the department. Failure to provide such documen- 28 tation upon the request of the department shall be an act of misconduct 29 subject to disciplinary proceedings pursuant to section sixty-five 30 hundred ten of this title. 31 6. The mandatory continuing education fee shall be forty-five dollars, 32 shall be payable on or before the first day of each triennial registra- 33 tion period, and shall be paid in addition to the triennial registration 34 fee required by section sixty-seven hundred thirty-four of this article. 35 § 5. This act shall take effect eighteen months after it shall have 36 become a law; provided, however, that amendments to subdivisions c and d 37 of section 6738 of the education law made by section one of this act 38 shall not affect the repeal of such subdivisions and shall be deemed 39 repealed therewith. Effective immediately, the addition, amendment 40 and/or repeal of any rule or regulation necessary for the implementation 41 of this act on its effective date are authorized to be made and 42 completed on or before such effective date.
