Assembly Bill A8930

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8930
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   coverage of treatment rendered by a massage therapist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (m) of subdivision 1 of section 13-b of the work-
 ers' compensation law, as added by section 1 of part CC of chapter 55 of
 the laws of 2019, is amended and a new paragraph (f-1) is added to  read
 as follows:
   (F-1)  "MASSAGE  THERAPIST" SHALL MEAN LICENSED AND HAVING COMPLETED A
 FORMAL COURSE OF STUDY AND HAVING PASSED AN  EXAMINATION  IN  ACCORDANCE
 WITH  THE  EDUCATION  LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCA-
 TION, AND THE REQUIREMENTS OF THE BOARD OF REGENTS.
   (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
 MASSAGE THERAPIST, nurse practitioner, occupational therapist,  physical
 therapist,  physician, physician assistant, podiatrist, psychologist, or
 social worker authorized by the chair.
   § 2. Paragraphs (d) and (e) of subdivision 2 of section  13-b  of  the
 workers'  compensation  law, as added by section 1 of part CC of chapter
 55 of the laws of 2019, are amended to read as follows:
   (d) Upon the prescription or  referral  of  an  authorized  physician,
 physician assistant, podiatrist, or nurse practitioner acting within the
 scope  of  his  or her practice, care or treatment may be rendered to an
 injured employee by an authorized physical therapist, occupational ther-
 apist [or], acupuncturist OR MASSAGE THERAPIST provided  the  conditions
 and  the  treatment performed are among the conditions that the physical
 therapist, occupational therapist [or], acupuncturist OR MASSAGE  THERA-
 PIST  is  authorized to treat pursuant to the education law or the regu-
 lations of the commissioner of education. Where any such care or  treat-
 ment  is  rendered,  records  of  the  patient's condition and progress,
 together with records of instruction for treatment,  if  any,  shall  be
 maintained  by  the  physical  therapist,  occupational  therapist [or],
 acupuncturist OR MASSAGE THERAPIST rendering treatment and by the refer-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06669-01-1
 A. 8930                             2
 
 ring physician, physician assistant, podiatrist, or nurse  practitioner.
 Said  records shall be submitted to the chair on forms and at such times
 as the chair may require.
   (e)  A record, report or opinion of a physical therapist, occupational
 therapist, acupuncturist, MASSAGE THERAPIST or physician assistant shall
 not be considered as evidence of the causal relationship of  any  condi-
 tion to a work related accident or occupational disease under this chap-
 ter.  Nor may a record, report or opinion of a physical therapist, occu-
 pational  therapist  [or],  acupuncturist  OR   MASSAGE   THERAPIST   be
 considered  evidence  of disability. Nor may a record, report or opinion
 of a physician assistant be considered evidence of  the  presence  of  a
 permanent or initial disability or the degree thereof.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.