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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Higher Education and Professional Practice Committee |
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FROM: |
Johanna Duncan-Poitier |
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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 |
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DATE: |
December 19, 2006 |
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STRATEGIC
GOAL: |
Goal 3 |
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AUTHORIZATION(S): |
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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 patient’s 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 patient’s name and
address;
(4) the patient’s signature and date the
patient signed the form;
(5) the treating physical therapist's name and address; and
(6 ) the treating
physical therapist’s signature and the date the physical therapist signed the
form.