THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

Higher Education and Professional Practice Committee

 

FROM:

Johanna Duncan-Poitier

 

 

SUBJECT:

Proposed Amendment to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to the Practice of Physical Therapy Without a Referral

DATE:

December 19, 2006

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

 

 

SUMMARY

 

 

Issue for Decision (Consent Agenda)

 

            Should the Board of Regents add a new section 29.17 to the Rules of the Board of Regents and add a new section 77.9 to the Regulations of the Commissioner of Education, relating to the practice of physical therapy without a referral?

 

Reason(s) for Consideration


            Required by State statute.

 

Proposed Handling

 

This amendment was adopted as an emergency measure at the October 2006 Regents meeting.  This proposed amendment is now submitted for adoption as a permanent rule. 

 

Procedural History

 

The Board of Regents adopted this amendment as an emergency measure at its October 2006 meeting.  A Notice of Emergency Adoption was published in the State Register on November 22, 2006.  A Notice of Proposed Rule Making was published in the State Register on October 25, 2006.  Supporting materials for the proposed amendment are available upon request from the Board of Regents. 

 

Background Information

 

Chapter 298 of the Laws of 2006 adds subdivision (d) to section 6731 of the Education Law to permit licensed physical therapists who have practiced physical therapy on a full-time basis equivalent to not less than three years to provide treatment without a referral from a physician, dentist, podiatrist, or nurse practitioner.  This statute directs the Commissioner to prescribe a form that physical therapists must distribute to a patient prior to treatment, advising the patient of the possibility that any treatment provided without a referral may not be an expense covered by the patientís health care plan or insurer. 

 

The purpose of the proposed amendment is to implement the requirements of section 6731(d) of the Education Law by defining the experience requirement that a licensed physical therapist must meet to provide treatment without a referral, clarifying the content of the notice of advice provided to a patient prior to treatment by a physical therapist without a referral, and establishing a definition of unprofessional conduct relating to such practice.

 

 

Recommendation

 

            I recommend that the Board of Regents take the following action:

 

            VOTED:  That section 29.17 of the Rules of the Board of Regents and section 77.9 of the Regulations of the Commissioner of Education be added, as submitted, effective February 1, 2007.

 

Timetable for Implementation

 

            The effective date of the proposed amendment is February 1, 2007.

           

Attachments

 

 

 

AMENDMENT TO THE RULES OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to sections 207, 6504, 6506, 6507, 6509, and 6731 of the Education Law.

            1. Section 29.17 of the Rules of the Board of Regents is added, effective February 1, 2007, as follows:

            29.17 Special provisions for the profession of physical therapy.

            Unprofessional conduct in the practice of physical therapy shall include conduct prohibited by sections 29.1 and 29.2 of this Part.  In addition, unprofessional conduct in the practice of physical therapy shall include failing to meet the requirements of subdivision (d) of section 6731 of the Education Law and/or section 77.9 of this Title,  when providing treatment in the practice of physical therapy without a referral from a physician, dentist, podiatrist, or nurse practitioner.

            2.  Section 77.9 of the Regulations of the Commissioner of Education is added, effective February 1, 2007, as follows:

            77.9 Providing treatment in the practice physical therapy without referral.

            (a)  In accordance with Education Law section 6731(d), a licensed physical therapist may provide a patient with treatment in the practice of physical therapy without a referral from a physician, dentist, podiatrist, or nurse practitioner, for 10 visits or 30 days whichever occurs first,  provided the licensed physical therapist meets the following requirements:

            (1) the licensed physical therapist has practiced physical therapy on a full-time basis equivalent to not less than three years prior to beginning such treatment,  meaning the licensed physical therapist has completed at least 4,320 clock hours of physical therapy practice over a minimum of 36 months anytime prior to beginning such treatment; and

            (2) the licensed physical therapist meets all requirements of subdivision (b) of this section relating to the notice of advice. 

            (b)  Notice of advice.  A physical therapist providing treatment in the practice of physical therapy without a referral from a physician, dentist, podiatrist, or nurse practitioner, in accordance with Education Law section 6731(d) and the requirements of this section, shall advise the patient in writing prior to beginning treatment of the possibility that treatment may not be covered by the patient's health care plan or insurer without a referral from a physician, dentist, podiatrist, or nurse practitioner and that treatment may be a covered expense if rendered pursuant to such referral.   This notice of advice shall be provided on a form, a copy of which shall be kept on file by the licensed physical therapist as a patient record and a copy of which shall be given to the patient.  The notice of advice form shall include the following information:

            (1)  a statement of such advice and a statement attesting that the patient has read the notice of advice;

            (2)  the date treatment will begin;

            (3) the patientís name and address;

            (4)  the patientís signature and date the patient signed the form;

            (5) the treating physical therapist's name and address; and

            (6 ) the treating physical therapistís signature and the date the physical therapist signed the form.