BILL NUMBER: S9997
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the education law, in relation to physical therapist
assistants
 
PURPOSE:
To clarify and update the supervision requirements for the licensed
physical therapist assistants in home care and school-based settings.
The bill removes the requirement that the supervising physical therapist
be physically present when services are delivered and updates the defi-
nition of continuous supervision to reflect current practice while main-
taining oversight and patient safety.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision C of section 6738 of the
Education Law to clarify that continuous supervision of a licensed phys-
ical therapist assistant in a home care setting does not require the
supervising physical therapist's physical presence. The bill defines
continuous supervision to include establishing goals and a plan of care,
determining patient appropriateness for services, periodic treatment and
evaluation, and a final evaluation before termination of care. It also
removes the initial joint visit requirement and maintains the current
supervision ratio of two physical therapist assistants to one licensed
physical therapist.
Section two of the bill amends subdivision D of section 6738 of the
Education Law for physical therapist assistant services in schools and
preschool programs. It clarifies that physical presence is not required,
updates the supervision standard to include treatment planning and peri-
odic evaluation, and removes the initial joint, visit requirement. The
bill also preserves the requirement for ongoing oversight and notifica-
tion when there is a change in the patient's condition or status.
Section three relates to the effective date.
 
JUSTIFICATION:
Current law requires the supervising physical therapists to be phys-
ically present in certain settings, which does not reflect how care is
delivered today and can create unnecessary barriers to access, partic-
ularly in home care and school-based settings. This bill updates super-
vision requirements for licensed physical therapist assistants (PTAs) to
better align with modern practice while maintaining appropriate over-
sight and patient safety.
By clarifying that "continuous supervision" does not require physical
presence, and instead includes care planning, periodic evaluation, and
final assessment by the supervising physical therapist, the bill ensures
that patients continue to receive high- quality care while allowing for
more efficient use of healthcare workers.
These changes help reduce administrative and logistical burdens, improve
flexibility for providers, and support greater access to services, espe-
cially for patients receiving care at home or in school settings, with-
out compromising clinical standards or accountability.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

Statutes affected:
S9997: 6738 education law, 6738(c) education law, 6738(d) education law