S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3594
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  BENEDETTO, COLTON, WEPRIN, RYAN,
   MAGNARELLI, L. ROSENTHAL, LIFTON, STIRPE,  OTIS,  CYMBROWITZ,  CAHILL,
   BUCHWALD, GOTTFRIED, HUNTER, LENTOL, AUBRY, JOHNS, BLANKENBUSH, BRABE-
   NEC,  LALOR,  MALLIOTAKIS, PALMESANO -- Multi-Sponsored by -- M. of A.
   ABBATE, ABINANTI, ARROYO, CROUCH, DILAN,  DINOWITZ,  GOODELL,  HAWLEY,
   HEVESI, LAWRENCE, LUPARDO, McDONOUGH, RA, RAIA, RIVERA, SIMON, THIELE,
   WOERNER, WRIGHT -- read once and referred to the Committee on Labor
 
 AN  ACT  to amend the workers' compensation law, in relation to physical
   therapy care provided through the workers' compensation system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 of section 13-b of the work-
 ers' compensation law, as amended by chapter 473 of the laws of 2000, is
 amended to read as follows:
   (d)  Upon  the  referral  which may be directive as to treatment of an
 authorized physician physical therapy care may be  rendered  by  a  duly
 licensed physical therapist OR BY A CERTIFIED PHYSICAL THERAPIST ASSIST-
 ANT,  PROVIDED  THAT A CERTIFIED PHYSICAL THERAPIST ASSISTANT SHALL WORK
 UNDER THE SUPERVISION OF A LICENSED PHYSICAL THERAPIST  PERFORMING  SUCH
 PATIENT  RELATED  ACTIVITIES AS ARE ASSIGNED BY THE SUPERVISING PHYSICAL
 THERAPIST PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SIX  OF  THE  EDUCATION
 LAW.    Where physical therapy care is rendered records of the patient's
 condition and progress, together with records of instruction for  treat-
 ment,  if  any, shall be maintained by the physical therapist and physi-
 cian.   PHYSICAL THERAPISTS MUST CO-SIGN  PHYSICAL  THERAPIST  ASSISTANT
 TREATMENT  NOTES.  Said  records shall be submitted to the chair on such
 forms and at such times as the chair may require.   CARE PROVIDED  BY  A
 LICENSED  PHYSICAL THERAPIST OR A CERTIFIED PHYSICAL THERAPIST ASSISTANT
 SHALL BE IN ACCORDANCE WITH ARTICLE ONE HUNDRED THIRTY-SIX OF THE EDUCA-
 TION LAW. THE CHAIR, IN CONSULTATION WITH THE BOARD'S MEDICAL  DIRECTOR,
 SHALL  REVIEW  PHYSICAL THERAPY SERVICE CODES TO DETERMINE THE APPROPRI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06522-01-9

 A. 3594                             2
 
 ATENESS OF MODIFIERS, IF ANY, BASED ON THE   PRACTITIONER RENDERING  THE
 SERVICE  AND SHALL IMPLEMENT MODIFIERS AS APPROPRIATE. A CERTIFIED PHYS-
 ICAL THERAPIST ASSISTANT SHALL NOT BE AUTHORIZED TO PERFORM  INDEPENDENT
 MEDICAL EXAMINATIONS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.