NY State Senate Bill 2017-S6024

Senate Bill S6024

2017-2018 Legislative Session

Relates to removing limits on licensed physical therapists treating patients without a referral

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education
May 10, 2017	referred to higher education

co-Sponsors

2017-S6024 (ACTIVE) - Details

See Assembly Version of this Bill:: A7873
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6731, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5460, A7443
2021-2022: S3923, A5974, A9248
2023-2024: S3361, S9716, A2300

2017-S6024 (ACTIVE) - Summary

Relates to removing limits on the duration of treatment by a licensed physical therapist when a patient does not have a referral.

2017-S6024 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6024

 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
standards 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
neuromusculoskeletal injuries and disease. All New York physical
therapy educational 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
physical therapists to treat patients without a referral with the
limitation that the treatment may only last ten days or thirty days.
The limitation, 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.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
180 days after enactment.

2017-S6024 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6024
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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
 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.

                                                            LBD11566-01-7

 S. 6024                             2
 
 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; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

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Senate Bill S6024

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Sponsored By

Joseph A. Griffo