STATE OF NEW YORK ________________________________________________________________________ 10535 IN ASSEMBLY May 4, 2018 ___________ Introduced by M. of A. ZEBROWSKI, BENEDETTO, COLTON, WEPRIN, RYAN, MAGNARELLI, L. ROSENTHAL, LIFTON, STIRPE, OTIS, CYMBROWITZ, JOHNS, BLANKENBUSH, CAHILL, BRABENEC, BUCHWALD, TITONE, GOTTFRIED, CASTORINA, LALOR, MALLIOTAKIS, HUNTER, LENTOL, AUBRY, PALMESANO -- Multi-Spon- sored by -- M. of A. ABBATE, ABINANTI, ARROYO, CROUCH, DILAN, DINOW- ITZ, GOODELL, HAWLEY, HEVESI, JENNE, LAWRENCE, LUPARDO, McDONALD, McDONOUGH, MURRAY, RA, RAIA, RIVERA, SIMON, THIELE, WALTER, 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: 1 Section 1. Paragraph (d) of subdivision 1 of section 13-b of the work- 2 ers' compensation law, as amended by chapter 473 of the laws of 2000, is 3 amended to read as follows: 4 (d) Upon the referral which may be directive as to treatment of an 5 authorized physician physical therapy care may be rendered by a duly 6 licensed physical therapist or by a certified physical therapist assist- 7 ant, provided that a certified physical therapist assistant shall work 8 under the supervision of a licensed physical therapist performing such 9 patient related activities as are assigned by the supervising physical 10 therapist pursuant to article one hundred thirty-six of the education 11 law. Where physical therapy care is rendered records of the patient's 12 condition and progress, together with records of instruction for treat- 13 ment, if any, shall be maintained by the physical therapist and physi- 14 cian. Physical therapists must co-sign physical therapist assistant 15 treatment notes. Said records shall be submitted to the chair on such 16 forms and at such times as the chair may require. Care provided by a 17 licensed physical therapist or a certified physical therapist assistant 18 shall be in accordance with article one hundred thirty-six of the educa- 19 tion law. The chair, in consultation with the board's medical director, 20 shall review physical therapy service codes to determine the appropri- 21 ateness of modifiers, if any, based on the practitioner rendering the 22 service and shall implement modifiers as appropriate. A certified phys- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07797-08-8A. 10535 2 1 ical therapist assistant shall not be authorized to perform independent 2 medical examinations. 3 § 2. This act shall take effect on the sixtieth day after it shall 4 have become a law.