S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3070
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 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  physical  therapist
   assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6738 of the education law, as added by chapter  618
 of  the  laws of 1980, subdivision a as designated by chapter 184 of the
 laws of 1982, subdivision b as amended by chapter 532  of  the  laws  of
 1999,  subdivision  c as amended by chapter 120 of the laws of 1998, and
 subdivision d as added by chapter 20 of the laws of 1998, is amended  to
 read as follows:
   § 6738. Definition  of  physical  therapist  assistant. a. A "physical
 therapist assistant" means a person [certified] LICENSED  in  accordance
 with this article who works under the supervision of a licensed physical
 therapist  performing such patient related activities as are assigned by
 the supervising physical therapist. Duties of physical therapist assist-
 ants shall not include evaluation, testing, interpretation, planning  or
 modification  of  patient  programs. Supervision of a physical therapist
 assistant by a licensed physical therapist shall be on-site supervision,
 but not necessarily direct personal supervision. The number of  LICENSED
 physical therapist assistants supervised by one licensed physical thera-
 pist  shall  not  exceed  the  ratio of four LICENSED physical therapist
 assistants to one licensed physical therapist as shall be determined  by
 the  commissioner's  regulations  insuring that there be adequate super-
 vision in the best interest of public health and safety. Nothing in this
 section shall prohibit a  hospital  from  employing  physical  therapist
 assistants,  provided they work under the supervision of physical thera-
 pists designated by the hospital and not beyond the scope of practice of
 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
              

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 shall not apply to work performed in a hospital, provided that there  be
 adequate supervision in the best interest of public health and safety.
   b.  Notwithstanding  the  provisions of subdivision a of this section,
 supervision of a LICENSED physical therapist  assistant  by  a  licensed
 physical  therapist,  (i)  in  a  residential  health  care facility, as
 defined in article twenty-eight of the public  health  law,  (ii)  in  a
 diagnostic  and  treatment center licensed under article twenty-eight of
 the public health law that provides, as its principal mission,  services
 to  individuals with developmental disabilities, (iii) in a facility, as
 defined in section 1.03 of the mental hygiene law, or (iv) under a moni-
 tored program of the office  of  mental  retardation  and  developmental
 disabilities  as  defined  in  subdivision  (a)  of section 13.15 of the
 mental hygiene law, shall be continuous but not necessarily on site when
 the supervising physical therapist has determined,  through  evaluation,
 the setting of goals and the establishment of a treatment plan, that the
 program  is one of maintenance as defined pursuant to title XVIII of the
 federal social security act. The provisions of  this  subdivision  shall
 not  apply to the provision of physical therapy services when the condi-
 tion requires multiple adjustments of sequences and  procedures  due  to
 rapidly  changing  physiological status and/or response to treatment, or
 to children under five years of age.
   c. For the purposes of the provision of physical  therapist  assistant
 services  in  a home care services setting, as such services are defined
 in article thirty-six of the public health law,  except  that  the  home
 care  services  setting shall not include early intervention services as
 defined in title two-A of article twenty-five of the public health  law,
 whether  such  services  are  provided by a home care services agency or
 under the supervision of a physical therapist licensed pursuant to  this
 article, continuous supervision of a LICENSED physical therapist assist-
 ant,  who  has  had  direct clinical experience for a period of not less
 than two years, by a licensed physical therapist shall not be  construed
 as  requiring  the physical presence of such licensed physical therapist
 at the time and place where such services are performed. For purposes of
 this subdivision "continuous supervision" shall be  deemed  to  include:
 (i)  the  licensed physical therapist's setting of goals, establishing a
 plan of care and determining  whether  the  patient  is  appropriate  to
 receive  the services of a LICENSED physical therapist assistant subject
 to the licensed physical therapist's evaluation; (ii) an  initial  joint
 visit  with  the  patient by the supervising licensed physical therapist
 and the LICENSED physical therapist assistant; (iii) periodic  treatment
 and evaluation of the patient by the supervising licensed physical ther-
 apist,  as indicated in the plan of care and as determined in accordance
 with patient need, but in no instance shall the  interval  between  such
 treatment  exceed  every  six  patient  visits or thirty days, whichever
 occurs first; and (iv) a final evaluation by  the  supervising  licensed
 physical therapist to determine if the plan of care shall be terminated.
 For purposes of this subdivision, the number of LICENSED physical thera-
 pist  assistant's  supervised  in  the  home  care services setting by a
 licensed physical therapist shall not exceed the ratio of  two  physical
 therapist assistants to one licensed physical therapist.
   d.  (1)  For  purposes of the provision of LICENSED physical therapist
 assistant services in public primary or  private  primary  or  secondary
 schools and for preschool children, as that term is defined in paragraph
 i  of subdivision one of section forty-four hundred ten of this chapter,
 and receiving services thereunder, continuous supervision of a  LICENSED
 physical therapist assistant, who has direct clinical experience provid-

 A. 3070                             3
 
 ing  age  appropriate physical therapy services for a period of not less
 than two years, by a licensed physical therapist shall not be  construed
 as  requiring  the physical presence of such licensed physical therapist
 at the time and place where such services are performed. For purposes of
 this subdivision "continuous supervision" shall be deemed to include:
   (i) the licensed physical therapist's setting of the goals, establish-
 ing  a plan of care, determining on an initial and ongoing basis whether
 the patient is appropriate to receive the services of a  LICENSED  phys-
 ical therapist assistant, determining the frequency of joint visits with
 the  patient by both the supervising licensed physical therapist and the
 LICENSED physical therapist assistant, except that in no instance  shall
 the  interval,  between joint visits, be more than every ninety calendar
 days, subject to the licensed physical therapist's evaluation;
   (ii) an initial joint  visit  with  the  patient  by  the  supervising
 licensed physical therapist and LICENSED physical therapist assistant;
   (iii)  periodic  treatment and evaluation of the patient by the super-
 vising licensed physical therapist as indicated in the plan of care  and
 as  determined  in  accordance  with  patient  need,  except  that in no
 instance shall the interval between such treatment exceed every  twelfth
 visit or thirty days which ever occurs first; and
   (iv)  notification  of  the supervising licensed physical therapist by
 the LICENSED physical therapist assistant whenever there is a change  in
 status, condition or performance of the patient.
   (2)  This  subdivision  shall  not  apply to the provision of physical
 therapy services when a child's condition requires multiple  adjustments
 of  sequences  and procedures due to rapidly changing physiologic status
 and/or response to treatment.
   § 2. Section 6739 of the education law, as added by chapter 618 of the
 laws of 1980, is amended to read as follows:
   § 6739. Duties of LICENSED physical therapist assistants and  the  use
 of  title  "physical  therapist  assistant".  Only  a person [certified]
 LICENSED or otherwise authorized under this article shall participate in
 the practice of  physical  therapy  as  a  LICENSED  physical  therapist
 assistant  and  only  a  person  [certified] LICENSED under this section
 shall use the title "physical therapist assistant".
   § 3. Section 6740 of the education law, as added by chapter 618 of the
 laws of 1980, subdivision c-1 as added by chapter 404  of  the  laws  of
 2002,  subdivision  f  as amended by chapter 43 of the laws of 1987, and
 subdivision g as amended by chapter 62 of the laws of 1989,  is  amended
 to read as follows:
   § 6740. Requirements  for [certification] LICENSE as a physical thera-
 pist assistant. a. Application: file an application with the department;
   b. Education: have received an education  including  completion  of  a
 two-year  college  program  in a physical therapist assistant program or
 equivalent in accordance with the commissioner's regulations;
   c. Experience: have experience satisfactory to  the  state  board  for
 physical therapy in accordance with the commissioner's regulations;
   c-1. Examination: pass an examination satisfactory to the board and in
 accordance with the commissioner's regulations;
   d. Age: be at least eighteen years of age;
   e.  Character: be of good moral character as determined by the depart-
 ment;
   f. Registration: all [certified] LICENSED physical  therapist  assist-
 ants  shall  register  triennially  with  the  [education] department in
 accordance with the regulations of the commissioner;

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   g. Fees: pay a fee for an initial [certificate] LICENSE of  forty-five
 dollars,  and for the biennial registration period ending December thir-
 ty-first, nineteen hundred eighty-two a fee of twenty dollars and a  fee
 of fifty dollars for each triennial registration period.
   §  4.  Section 6742-a of the education law, as added by chapter 207 of
 the laws of 2008, is amended to read as follows:
   § 6742-a. Mandatory continuing education. 1. (a) Each  licensed  phys-
 ical  therapist  and  [certified]  LICENSED physical therapist assistant
 required under this article to register triennially with the  department
 to  practice in the state shall comply with the provisions of the manda-
 tory continuing education requirements prescribed in subdivision two  of
 this  section  except  as  set  forth  in paragraphs (b) and (c) of this
 subdivision. Licensed physical therapist and [certified] LICENSED  phys-
 ical  therapist  assistants  who do not satisfy the mandatory continuing
 education requirements shall not  practice  until  they  have  met  such
 requirements,  and  they  have  been  issued a registration certificate,
 except that a licensed physical therapist or [certified] LICENSED  phys-
 ical  therapist  assistant may practice without having met such require-
 ments if he or she is  issued  a  conditional  registration  certificate
 pursuant to subdivision three of this section.
   (b) Each licensed physical therapist and [certified] LICENSED physical
 therapist assistant shall be exempt from the mandatory continuing educa-
 tion requirement for the triennial registration period during which they
 are  first  licensed.  In  accordance  with  the intent of this section,
 adjustment to the mandatory  continuing  education  requirement  may  be
 granted  by  the department for reasons of health certified by an appro-
 priate health care professional, for extended active duty with the armed
 forces of the United States, or for other good cause acceptable  to  the
 department which may prevent compliance.
   (c)  A  licensed  physical therapist and [certified] LICENSED physical
 therapist assistant not  engaged  in  practice,  as  determined  by  the
 department,  shall  be  exempt  from  the mandatory continuing education
 requirement upon the filing of a statement with the department declaring
 such status. Any licensee who returns to the practice of physical thera-
 py during the triennial registration period shall notify the  department
 prior  to reentering the profession and shall meet such mandatory educa-
 tion requirements as shall be prescribed by regulations of  the  commis-
 sioner.
   2.  During  each triennial registration period an applicant for regis-
 tration as a licensed physical therapist or [certified]  LICENSED  phys-
 ical therapist assistant shall complete a minimum of thirty-six hours of
 acceptable formal continuing education, as specified in subdivision four
 of this section. Any licensed physical therapist or [certified] LICENSED
 physical therapist assistant whose first registration date following the
 effective  date  of  this section occurs less than three years from such
 effective date, but on or after January first, two thousand  ten,  shall
 complete  continuing  education hours on a prorated basis at the rate of
 one-half hour per month for the  period  beginning  January  first,  two
 thousand  ten  up  to the first registration date thereafter. A licensee
 who has not satisfied the mandatory  continuing  education  requirements
 shall  not be issued a triennial registration certificate by the depart-
 ment and shall not practice unless and until a conditional  registration
 certificate  is  issued  as  provided  for  in subdivision three of this
 section. Continuing education hours taken during one triennium  may  not
 be transferred to a subsequent triennium.

 A. 3070                             5
 
   3.  The  department, in its discretion, may issue a conditional regis-
 tration to a  licensee  who  fails  to  meet  the  continuing  education
 requirements  established  in  subdivision  two  of this section but who
 agrees to make up any deficiencies and complete any additional education
 which  the  department may require the fee for such a conditional regis-
 tration shall be the same as, and in addition to, the fee for the trien-
 nial registration. The duration of such conditional  registration  shall
 be  determined  by  the  department  but  shall not exceed one year. Any
 licensee who is notified of the denial of registration  for  failure  to
 submit  evidence, satisfactory to the department, of required continuing
 education and who practices without such registration may be subject  to
 disciplinary  proceedings  pursuant to section sixty-five hundred ten of
 this title.
   4. As used in subdivision two  of  this  section,  "acceptable  formal
 education"  shall  mean  formal  courses of learning which contribute to
 professional practice in physical therapy and which meet  the  standards
 prescribed  by  regulations  of the commissioner. Such formal courses of
 learning shall include, but not be limited to, collegiate  level  credit
 and  non-credit courses, professional development programs and technical
 sessions offered by national, state and local professional  associations
 and  other  organizations  acceptable  to  the department, and any other
 organized educational and technical programs acceptable to  the  depart-
 ment.  The department may, in its discretion and as needed to contribute
 to the health and welfare of  the  public,  require  the  completion  of
 continuing education courses in specific subjects to fulfill this manda-
 tory  continuing  education  requirement.  Courses  must be taken from a
 sponsor approved by the department, pursuant to the regulations  of  the
 commissioner.
   5. Licensed physical therapist or [certified] LICENSED physical thera-
 pist  assistant  shall  maintain adequate documentation of completion of
 acceptable formal continuing education and shall provide such documenta-
 tion at the request of the department. Failure to provide such  documen-
 tation  upon the request of the department shall be an act of misconduct
 subject to  disciplinary  proceedings  pursuant  to  section  sixty-five
 hundred ten of this title.
   6. The mandatory continuing education fee shall be forty-five dollars,
 shall  be payable on or before the first day of each triennial registra-
 tion period, and shall be paid in addition to the triennial registration
 fee required by section sixty-seven hundred thirty-four of this article.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that amendments to subdi-
 visions c and d of section 6738 of the education law made by section one
 of this act shall not affect the repeal of such subdivisions  and  shall
 be  deemed  repealed  therewith.  Effective  immediately,  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 by the commissioner of  education  and
 the board of regents on or before such effective date.