S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3923
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by Sens. KENNEDY, GOUNARDES -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Higher Educa-
   tion
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07738-01-1

 S. 3923                             2
 
 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 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. 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 and directed to
 be made and completed on or before such effective date.