S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8168
 
                             I N  S E N A T E
 
                              April 13, 2018
                                ___________
 
 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  physical  therapist
   assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6738 of the education law, as added by chapter  618
 of  the  laws of 1980, subdivision a as designated by chapter 184 of the
 laws of 1982, subdivision b as amended by chapter 532  of  the  laws  of
 1999,  subdivision  c as amended by chapter 120 of the laws of 1998, and
 subdivision d as added by chapter 20 of the laws of 1998, is amended  to
 read as follows:
   § 6738. Definition  of  physical  therapist  assistant. a. A "physical
 therapist assistant" means a person [certified] LICENSED  in  accordance
 with this article who works under the supervision of a licensed physical
 therapist  performing such patient related activities as are assigned by
 the supervising physical therapist. Duties of physical therapist assist-
 ants shall not include evaluation, testing, interpretation, planning  or
 modification  of  patient  programs. Supervision of a physical therapist
 assistant by a licensed physical therapist shall be on-site supervision,
 but not necessarily direct personal supervision. The number of  LICENSED
 physical therapist assistants supervised by one licensed physical thera-
 pist  shall  not  exceed  the  ratio of four LICENSED physical therapist
 assistants to one licensed physical therapist as shall be determined  by
 the  commissioner's  regulations  insuring that there be adequate super-
 vision in the best interest of public health and safety. Nothing in this
 section shall prohibit a  hospital  from  employing  physical  therapist
 assistants,  provided they work under the supervision of physical thera-
 pists designated by the hospital and not beyond the scope of practice of
 a physical therapist assistant. The numerical limitation of this section
 shall not apply to work performed in a hospital, provided that there  be
 adequate supervision in the best interest of public health and safety.
   b.  Notwithstanding  the  provisions of subdivision a of this section,
 supervision of a LICENSED physical therapist  assistant  by  a  licensed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15393-01-8

 S. 8168                             2
 
 physical  therapist,  (i)  in  a  residential  health  care facility, as
 defined in article twenty-eight of the public  health  law,  (ii)  in  a
 diagnostic  and  treatment center licensed under article twenty-eight of
 the  public health law that provides, as its principal mission, services
 to individuals with developmental disabilities, (iii) in a facility,  as
 defined in section 1.03 of the mental hygiene law, or (iv) under a moni-
 tored  program  of  the  office  of mental retardation and developmental
 disabilities as defined in subdivision  (a)  of  section  13.15  of  the
 mental hygiene law, shall be continuous but not necessarily on site when
 the  supervising  physical therapist has determined, through evaluation,
 the setting of goals and the establishment of a treatment plan, that the
 program is one of maintenance as defined pursuant to title XVIII of  the
 federal  social  security  act. The provisions of this subdivision shall
 not apply to the provision of physical therapy services when the  condi-
 tion  requires  multiple  adjustments of sequences and procedures due to
 rapidly changing physiological status and/or response to  treatment,  or
 to children under five years of age.
   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) a final evaluation by the supervising licensed
 physical therapist to determine if the plan of care shall be terminated.
 For purposes of this subdivision, the number of LICENSED physical thera-
 pist 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.
   d. (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

 S. 8168                             3
 
 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)  notification  of  the supervising licensed physical therapist by
 the LICENSED physical therapist assistant whenever there is a change  in
 status, condition or performance of the patient.
   (2)  This  subdivision  shall  not  apply to the provision of physical
 therapy services when a child's condition requires multiple  adjustments
 of  sequences  and procedures due to rapidly changing physiologic status
 and/or response to treatment.
   § 2. Section 6739 of the education law, as added by chapter 618 of the
 laws of 1980, is amended to read as follows:
   § 6739. Duties of LICENSED physical therapist assistants and  the  use
 of  title  "physical  therapist  assistant".  Only  a person [certified]
 LICENSED or otherwise authorized under this article shall participate in
 the practice of  physical  therapy  as  a  LICENSED  physical  therapist
 assistant  and  only  a  person  [certified] LICENSED under this section
 shall use the title "physical therapist assistant".
   § 3. Section 6740 of the education law, as added by chapter 618 of the
 laws of 1980, subdivision c-1 as added by chapter 404  of  the  laws  of
 2002,  subdivision  f  as amended by chapter 43 of the laws of 1987, and
 subdivision g as amended by chapter 62 of the laws of 1989,  is  amended
 to read as follows:
   § 6740. Requirements  for [certification] LICENSE as a physical thera-
 pist assistant. a. Application: file an application with the department;
   b. Education: have received an education  including  completion  of  a
 two-year  college  program  in a physical therapist assistant program or
 equivalent in accordance with the commissioner's regulations;
   c. Experience: have experience satisfactory to  the  state  board  for
 physical therapy in accordance with the commissioner's regulations;
   c-1. Examination: pass an examination satisfactory to the board and in
 accordance with the commissioner's regulations;
   d. Age: be at least eighteen years of age;
   e.  Character: be of good moral character as determined by the depart-
 ment;
   f. Registration: all [certified] LICENSED physical  therapist  assist-
 ants shall register triennially with the education department in accord-
 ance with the regulations of the commissioner;
   g.  Fees: pay a fee for an initial [certificate] LICENSE of forty-five
 dollars, and for the biennial registration period ending December  thir-
 ty-first,  nineteen hundred eighty-two a fee of twenty dollars and a fee
 of fifty dollars for each triennial registration period.

 S. 8168                             4

   § 4. Section 6742-a of the education law, as added by chapter  207  of
 the laws of 2008, is amended to read as follows:
   §  6742-a.  Mandatory continuing education. 1. (a) Each licensed phys-
 ical therapist and [certified]  LICENSED  physical  therapist  assistant
 required  under this article to register triennially with the department
 to practice in the state shall comply with the provisions of the  manda-
 tory  continuing education requirements prescribed in subdivision two of
 this section except as set forth in  paragraphs  (b)  and  (c)  of  this
 subdivision.  Licensed physical therapist and [certified] LICENSED phys-
 ical therapist assistants who do not satisfy  the  mandatory  continuing
 education  requirements  shall  not  practice  until  they have met such
 requirements, and they have  been  issued  a  registration  certificate,
 except  that a licensed physical therapist or [certified] LICENSED phys-
 ical therapist assistant may practice without having met  such  require-
 ments  if  he  or  she  is issued a conditional registration certificate
 pursuant to subdivision three of this section.
   (b) Each licensed physical therapist and [certified] LICENSED physical
 therapist assistant shall be exempt from the mandatory continuing educa-
 tion requirement for the triennial registration period during which they
 are first licensed. In accordance  with  the  intent  of  this  section,
 adjustment  to  the  mandatory  continuing  education requirement may be
 granted by the department for reasons of health certified by  an  appro-
 priate health care professional, for extended active duty with the armed
 forces  of  the United States, or for other good cause acceptable to the
 department which may prevent compliance.
   (c) A licensed physical therapist and  [certified]  LICENSED  physical
 therapist  assistant  not  engaged  in  practice,  as  determined by the
 department, shall be exempt  from  the  mandatory  continuing  education
 requirement upon the filing of a statement with the department declaring
 such status. Any licensee who returns to the practice of physical thera-
 py  during the triennial registration period shall notify the department
 prior to reentering the profession and shall meet such mandatory  educa-
 tion  requirements  as shall be prescribed by regulations of the commis-
 sioner.
   2. During each triennial registration period an applicant  for  regis-
 tration  as  a licensed physical therapist or [certified] LICENSED phys-
 ical therapist assistant shall complete a minimum of thirty-six hours of
 acceptable formal continuing education, as specified in subdivision four
 of this section. Any licensed physical therapist or [certified] LICENSED
 physical therapist assistant whose first registration date following the
 effective date of this section occurs less than three  years  from  such
 effective  date,  but on or after January first, two thousand ten, shall
 complete continuing education hours on a prorated basis at the  rate  of
 one-half  hour  per  month  for  the period beginning January first, two
 thousand ten up to the first registration date  thereafter.  A  licensee
 who  has  not  satisfied the mandatory continuing education requirements
 shall not be issued a triennial registration certificate by the  depart-
 ment  and shall not practice unless and until a conditional registration
 certificate is issued as provided  for  in  subdivision  three  of  this
 section.  Continuing  education hours taken during one triennium may not
 be transferred to a subsequent triennium.
   3. The department, in its discretion, may issue a  conditional  regis-
 tration  to  a  licensee  who  fails  to  meet  the continuing education
 requirements established in subdivision two  of  this  section  but  who
 agrees to make up any deficiencies and complete any additional education
 which  the  department may require the fee for such a conditional regis-

 S. 8168                             5
 
 tration shall be the same as, and in addition to, the fee for the trien-
 nial registration. The duration of such conditional  registration  shall
 be  determined  by  the  department  but  shall not exceed one year. Any
 licensee  who  is  notified of the denial of registration for failure to
 submit evidence, satisfactory to the department, of required  continuing
 education  and who practices without such registration may be subject to
 disciplinary proceedings pursuant to section sixty-five hundred  ten  of
 this title.
   4.  As  used  in  subdivision  two of this section, "acceptable formal
 education" shall mean formal courses of  learning  which  contribute  to
 professional  practice  in physical therapy and which meet the standards
 prescribed by regulations of the commissioner. Such  formal  courses  of
 learning  shall  include, but not be limited to, collegiate level credit
 and non-credit courses, professional development programs and  technical
 sessions  offered by national, state and local professional associations
 and other organizations acceptable to  the  department,  and  any  other
 organized  educational  and technical programs acceptable to the depart-
 ment. The department may, in its discretion and as needed to  contribute
 to  the  health  and  welfare  of  the public, require the completion of
 continuing education courses in specific subjects to fulfill this manda-
 tory continuing education requirement. Courses  must  be  taken  from  a
 sponsor  approved  by the department, pursuant to the regulations of the
 commissioner.
   5. Licensed physical therapist or [certified] LICENSED physical thera-
 pist assistant shall maintain adequate documentation  of  completion  of
 acceptable formal continuing education and shall provide such documenta-
 tion  at the request of the department. Failure to provide such documen-
 tation upon the request of the department shall be an act of  misconduct
 subject  to  disciplinary  proceedings  pursuant  to  section sixty-five
 hundred ten of this title.
   6. The mandatory continuing education fee shall be forty-five dollars,
 shall be payable on or before the first day of each triennial  registra-
 tion period, and shall be paid in addition to the triennial registration
 fee required by section sixty-seven hundred thirty-four of this article.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that amendments to subdi-
 visions c and d of section 6738 of the education law made by section one
 of  this  act  shall  not affect the expiration of such subdivisions and
 shall be deemed repealed therewith. Effective immediately, 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 by the commissioner of  education  and
 the board of regents on or before such effective date.