§ 6738. Definition of physical therapist assistant. a. A "physical
therapist assistant" means a person 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 assistants
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
therapist 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
supervision 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
therapists 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
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
monitored program of the office for people with 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
condition 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
assistant, 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 therapist, 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 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.

* NB Repealed June 30, 2026

* 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
providing 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,
establishing a plan of care, determining on an initial and ongoing basis
whether the patient is appropriate to receive the services of a licensed
physical 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
supervising 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.

* NB Repealed June 30, 2025