S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3361
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. KENNEDY, GOUNARDES, MANNION, STEC -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Higher Education
 
 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.
                                                            LBD04710-01-3
              

 S. 3361                             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.