Senate Bill S9997

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9997
 
                             I N  S E N A T E
 
                              April 21, 2026
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  physical  therapist
   assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision c of section 6738  of  the  education  law,  as
 amended  by  chapter  511  of  the  laws  of 2022, is amended to read as
 follows:
   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)]  (III) a final evaluation by the supervising
 licensed physical therapist to determine if the plan of  care  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15557-02-6
 S. 9997                             2
 
 terminated.  For  purposes  of  this subdivision, the number of licensed
 physical therapist 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.
   §  2.  Paragraph  1  of subdivision d of section 6738 of the education
 law, as amended by chapter 511 of the laws of 2022, is amended  to  read
 as follows:
   (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-
 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)] (III) notification of the supervising licensed physical  thera-
 pist  by  the  licensed physical therapist assistant whenever there is a
 change in status, condition or performance of the patient.
   § 3. This act shall take effect one year after it shall have become  a
 law  provided,  however,  that the amendments to subdivisions c and d of
 section 6738 of the education law made by sections one and two  of  this
 act shall not affect the repeal of such subdivisions and shall be deemed
 repealed therewith.