The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3202
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. McDONALD, O'DONNELL, STECK, PALMESANO -- read
   once and referred to the Committee 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.
                                                            LBD01911-01-1

 A. 3202                             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.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3202--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. McDONALD, O'DONNELL, STECK, PALMESANO, JENSEN,
   GOTTFRIED, MEEKS, FORREST, JACOBSON, ASHBY -- read once  and  referred
   to  the  Committee  on  Higher Education -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the education law and the insurance law, in relation to
   allowing patients up to ten  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01911-02-1

 A. 3202--A                          2
 
   2. TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST  FOR
 TEN  VISITS  WITHOUT  A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR
 OTHER HEALTH CARE PROVIDER PROVIDED THAT:
   (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.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3202--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. McDONALD, O'DONNELL, STECK, PALMESANO, JENSEN,
   GOTTFRIED, MEEKS, FORREST, JACOBSON, ASHBY -- read once  and  referred
   to  the  Committee  on  Higher Education -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to allowing  patients  to
   receive  certain  treatment  by  an  occupational  therapist without a
   referral from a physician or nurse  practitioner;  and  to  amend  the
   insurance  law,  in relation to eliminating the need for referrals for
   certain treatment
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01911-04-1

 A. 3202--B                          2
 
 such  licensee's  scope  of  practice  beyond what is authorized by this
 chapter.
   2.  TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST FOR
 TEN VISITS, OR THIRTY DAYS,  WHICHEVER  SHALL  OCCUR  FIRST,  WITHOUT  A
 REFERRAL FROM A PHYSICIAN OR NURSE PRACTITIONER PROVIDED THAT:
   (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.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.