S T A T E O F N E W Y O R K
________________________________________________________________________
8889
2019-2020 Regular Sessions
I N A S S E M B L Y
December 30, 2019
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law and the insurance law, in relation to
allowing patients up to twelve visits with an occupational therapist
without a referral from a physician, nurse practitioner or other
health care provider
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7901 of the education law, as amended by chapter
460 of the laws of 2011, is amended to read as follows:
§ 7901. Definition. 1. The practice of the profession of occupational
therapy is defined as the functional evaluation of the client, the plan-
ning and utilization of a program of purposeful activities, the develop-
ment and utilization of a treatment program, and/or consultation with
the client, family, caregiver or organization in order to restore,
develop or maintain adaptive skills, and/or performance abilities
designed to achieve maximal physical, cognitive and mental functioning
of the client associated with his or her activities of daily living and
daily life tasks. A treatment program designed to restore function,
shall be rendered on the prescription or referral of a physician, nurse
practitioner or other health care provider acting within his or her
scope of practice pursuant to this title, EXCEPT AS PROVIDED FOR IN
SUBDIVISION TWO OF THIS SECTION. However, nothing contained in this
article shall be construed to permit any licensee hereunder to practice
medicine or psychology, including psychotherapy or to otherwise expand
such licensee's scope of practice beyond what is authorized by this
chapter.
2. TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST FOR
TWELVE VISITS WITHOUT A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR
OTHER HEALTH CARE PROVIDER PROVIDED THAT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02032-01-9
A. 8889 2
(A) THE LICENSED OCCUPATIONAL THERAPIST HAS PRACTICED OCCUPATIONAL
THERAPY ON A FULL TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS;
AND
(B) EACH OCCUPATIONAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE
SHALL PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT ABSENT
A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE
PROVIDER THAT OCCUPATIONAL THERAPY MAY NOT BE COVERED BY THE PATIENT'S
HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT SUCH TREAT-
MENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFERRAL. THE
OCCUPATIONAL THERAPIST SHALL KEEP ON FILE WITH THE PATIENT'S RECORDS A
FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE. SUCH FORM SHALL
BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT, SIGNED AND
DATED BY BOTH THE OCCUPATIONAL THERAPIST AND THE PATIENT IN SUCH FORM AS
PRESCRIBED PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
§ 2. Paragraph 1 of subsection (a) of section 5102 of the insurance
law, as amended by chapter 298 of the laws of 2006, is amended to read
as follows:
(1) All necessary expenses incurred for: (i) medical, hospital
(including services rendered in compliance with article forty-one of the
public health law, whether or not such services are rendered directly by
a hospital), surgical, nursing, dental, ambulance, x-ray, prescription
drug and prosthetic services; (ii) psychiatric, physical therapy
(provided that treatment is rendered pursuant to a referral) and occupa-
tional therapy and rehabilitation (PROVIDED THAT TREATMENT IS RENDERED
PURSUANT TO A REFERRAL); (iii) any non-medical remedial care and treat-
ment rendered in accordance with a religious method of healing recog-
nized by the laws of this state; and (iv) any other professional health
services; all without limitation as to time, provided that within one
year after the date of the accident causing the injury it is ascertaina-
ble that further expenses may be incurred as a result of the injury. For
the purpose of determining basic economic loss, the expenses incurred
under this paragraph shall be in accordance with the limitations of
section five thousand one hundred eight of this article.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly the department of education is authorized to take such steps in
advance of such effective date, including the addition, amendment and/or
repeal of any rule or regulation as may be necessary, to ensure the
timely implementation of the provisions of this act on such effective
date.