NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2300
SPONSOR: Clark TITLE OF BILL:
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
PURPOSE:
To amend the physical therapy practice act to better align with stand-
ards of best practice
SUMMARY OF PROVISIONS:
Section 1 amends subdivision (d) of section 6731 of the education law to
remove arbitrary limitations, which impede the delivery of quality
health care and replace them with physical therapy standards of best
practice.
Section 2 is the effective date.
JUSTIFICATION:
Physical therapy is an integral part of New York's health care system.
Physical therapists treat and rehabilitate a broad range of neuromuscu-
loskeletal injuries and disease. All New York physical therapy educa-
tional programs require a doctoral degree. Physical therapists are
trained extensively in the evaluation of a patient's condition and
recognize those symptoms that require treatment by another provider.
In 2006, the physical therapy practice act was amended to permit phys-
ical therapists to treat patients without a referral with the limitation
that the treatment may only last ten days or thirty days. The limita-
tion, however, has interfered with appropriate and effective care in
certain instances leading to unnecessary gaps in care and impeding
recovery.
The bill would address the unintended consequences of the arbitrary and
inflexible limitation by replacing it with physical therapy standards of
best practice. First, the treating physical therapist must refer a
patient to an appropriate health care provider if physical therapy is
contra-indicated for the condition or if symptoms present which indicate
a condition outside the scope of physical therapy. Second, the treating
physical therapy must provide ongoing communication with the patient's
primary care provider, if one exists, which will better coordinate care.
These requirements better reflect quality health care standards and will
address the negative impacts of the existing limitation on treatment
without a referral.
PRIOR LEGISLATIVE HISTORY:
2022: A.9248 (Clark) - Referred to Higher Education
2021: A.5974 (Pichardo) - Referred to Higher Education (Enacting Clause
Stricken/Not Active)
2020: A.7443 (Pichardo) - Referred to Higher Education
2019: A.7443 (Pichardo) - Referred to Higher Education
2018: A.7873 (Zebrowski) - Referred to Higher Education
2017: A.7873 (Zebrowski) - Referred to Higher Education
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
180 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
2300
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. CLARK, BUTTENSCHON, LUPARDO, L. ROSENTHAL -- read
once and referred 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:
1 Section 1. Subdivision d of section 6731 of the education law, as
2 amended by chapter 389 of the laws of 2007, is amended to read as
3 follows:
4 d. Such treatment may be rendered by a licensed physical therapist
5 [for ten visits or thirty days, whichever shall occur first,] without a
6 referral from a physician, dentist, podiatrist, nurse practitioner or
7 licensed midwife provided that:
8 (1) [The licensed physical therapist has practiced physical therapy on
9 a full time basis equivalent to not less than three years.] The physical
10 therapist will refer the patient to the appropriate licensed profes-
11 sional if symptoms are present of which physical therapy is contraindi-
12 cated or which symptoms are indicative of conditions for which treatment
13 is outside the scope of the practice of physical therapy;
14 (2) If the patient has a primary care licensed provider or other
15 treating physician, the physical therapist provides ongoing communi-
16 cation with that professional during the course of treatment; and
17 (3) Each physical therapist licensed pursuant to this article shall
18 provide written notice to each patient receiving treatment absent a
19 referral from a physician, dentist, podiatrist, nurse practitioner or
20 licensed midwife that physical therapy may not be covered by the
21 patient's health care plan or insurer without such a referral and that
22 such treatment may be a covered expense if rendered pursuant to a refer-
23 ral. The physical therapist shall keep on file with the patient's
24 records a form attesting to the patient's notice of such advice. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04710-01-3
A. 2300 2
1 form shall be in duplicate, with one copy to be retained by the patient,
2 signed and dated by both the physical therapist and the patient in such
3 form as prescribed pursuant to regulations promulgated by the commis-
4 sioner.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the addition, amend-
7 ment and/or repeal of any rule or regulation necessary for the implemen-
8 tation of this act on its effective date are authorized and directed to
9 be made and completed on or before such effective date.
