BILL NUMBER: S9716
SPONSOR: BROUK
 
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 OR GENERAL IDEA OF THE BILL:
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 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:
2021-22: S.3923/A.9248
2019-2020: Referred to Higher Education
2017-2018: Referred to Higher Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
180 days after enactment.

Statutes affected:
S9716: 6731 education law, 6731(d) education law