S T A T E O F N E W Y O R K
________________________________________________________________________
7873
2017-2018 Regular Sessions
I N A S S E M B L Y
May 18, 2017
___________
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 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:
Section 1. Subdivision d of section 6731 of the education law, as
amended by chapter 389 of the laws of 2007, is amended to read as
follows:
d. Such treatment may be rendered by a licensed physical therapist
[for ten visits or thirty days, whichever shall occur first,] without a
referral from a physician, dentist, podiatrist, nurse practitioner or
licensed midwife provided that:
(1) [The licensed physical therapist has practiced physical therapy on
a full time basis equivalent to not less than three years.] THE PHYSICAL
THERAPIST WILL REFER THE PATIENT TO THE APPROPRIATE LICENSED PROFES-
SIONAL IF SYMPTOMS ARE PRESENT OF WHICH PHYSICAL THERAPY IS CONTRAINDI-
CATED OR WHICH SYMPTOMS ARE INDICATIVE OF CONDITIONS FOR WHICH TREATMENT
IS OUTSIDE THE SCOPE OF THE PRACTICE OF PHYSICAL THERAPY;
(2) IF THE PATIENT HAS A PRIMARY CARE LICENSED PROVIDER OR OTHER
TREATING PHYSICIAN, THE PHYSICAL THERAPIST PROVIDES ONGOING COMMUNI-
CATION WITH THAT PROFESSIONAL DURING THE COURSE OF TREATMENT; AND
(3) Each physical therapist licensed pursuant to this article shall
provide written notice to each patient receiving treatment absent a
referral from a physician, dentist, podiatrist, nurse practitioner or
licensed midwife that physical therapy may not be covered by the
patient's health care plan or insurer without such a referral and that
such treatment may be a covered expense if rendered pursuant to a refer-
ral. The physical therapist shall keep on file with the patient's
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
A. 7873 2
form shall be in duplicate, with one copy to be retained by the patient,
signed and dated by both the physical therapist and the patient in such
form as prescribed pursuant to regulations promulgated by the commis-
sioner.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.