2019 New York Laws
EDN - Education
Title 8 - The Professions
Article 136 - Physical Therapy and Physical Therapist Assistants
6738 - Definition of Physical Therapist Assistant.

§ 6738. Definition  of  physical  therapist  assistant. a. A "physical
therapist assistant" means a person certified in  accordance  with  this
article who works under the supervision of a licensed physical therapist
performing  such  patient  related  activities  as  are  assigned by the
supervising physical therapist. Duties of physical therapist  assistants
shall  not  include  evaluation,  testing,  interpretation,  planning or
modification of patient programs. Supervision of  a  physical  therapist
assistant by a licensed physical therapist shall be on-site supervision,
but  not necessarily direct personal supervision. The number of physical
therapist assistants supervised by one licensed physical therapist shall
not exceed the ratio  of  four  physical  therapist  assistants  to  one
licensed physical therapist as shall be determined by the commissioner's
regulations  insuring  that  there  be  adequate supervision in the best
interest of public health and safety.  Nothing  in  this  section  shall
prohibit  a  hospital  from  employing  physical  therapist  assistants,
provided  they  work  under  the  supervision  of  physical   therapists
designated  by  the  hospital  and not beyond the scope of practice of a
physical therapist assistant. The numerical limitation of  this  section
shall  not apply to work performed in a hospital, provided that there be
adequate supervision in the best interest of public health and safety.
  b. Notwithstanding the provisions of subdivision a  of  this  section,
supervision  of  a  physical  therapist assistant by a licensed physical
therapist, (i) in a residential health  care  facility,  as  defined  in
article  twenty-eight of the public health law, (ii) in a diagnostic and
treatment center licensed  under  article  twenty-eight  of  the  public
health  law  that  provides,  as  its  principal  mission,  services  to
individuals with developmental disabilities, (iii)  in  a  facility,  as
defined  in  section  1.03  of  the  mental hygiene law, or (iv) under a
monitored program of the office of mental retardation and  developmental
disabilities  as  defined  in  subdivision  (a)  of section 13.15 of the
mental hygiene law, shall be continuous but not necessarily on site when
the supervising physical therapist has determined,  through  evaluation,
the setting of goals and the establishment of a treatment plan, that the
program  is one of maintenance as defined pursuant to title XVIII of the
federal social security act. The provisions of  this  subdivision  shall
not  apply  to  the  provision  of  physical  therapy  services when the
condition requires multiple adjustments of sequences and procedures  due
to  rapidly  changing physiological status and/or response to treatment,
or to children under five years of age.
  * c. For the purposes of the provision of physical therapist assistant
services in a home care services setting, as such services  are  defined
in  article  thirty-six  of  the public health law, except that the home
care services setting shall not include early intervention  services  as
defined  in title two-A of article twenty-five of the public health law,
whether such services are provided by a home  care  services  agency  or
under  the supervision of a physical therapist licensed pursuant to this
article, continuous supervision of a physical therapist  assistant,  who
has  had  direct  clinical  experience for a period of not less than two
years, by a licensed  physical  therapist  shall  not  be  construed  as
requiring  the  physical presence of such licensed physical therapist at
the time and place where such services are performed.  For  purposes  of
this  subdivision  "continuous  supervision" shall be deemed to include:
(i) the licensed physical therapist's setting of goals,  establishing  a
plan  of  care  and  determining  whether  the patient is appropriate to
receive the services of a physical therapist assistant  subject  to  the
licensed  physical  therapist's  evaluation; (ii) an initial joint visit
with the patient by the supervising licensed physical therapist and  the
physical therapist assistant; (iii) periodic treatment and evaluation of

the patient by the supervising licensed physical therapist, as indicated
in  the  plan of care and as determined in accordance with patient need,
but in no instance shall the  interval  between  such  treatment  exceed
every  six  patient  visits  or thirty days, whichever occurs first; and
(iv) a final evaluation by the supervising licensed  physical  therapist
to  determine  if  the plan of care shall be terminated. For purposes of
this  subdivision,  the  number  of   physical   therapist   assistant's
supervised  in  the  home  care  services setting by a licensed physical
therapist  shall  not  exceed  the  ratio  of  two  physical   therapist
assistants to one licensed physical therapist.
  * NB Repealed June 30, 2022
  * d. (1) For purposes of the provision of physical therapist assistant
services  in  public primary or private primary or secondary schools and
for preschool children, as that  term  is  defined  in  paragraph  i  of
subdivision  one  of section forty-four hundred ten of this chapter, and
receiving services thereunder,  continuous  supervision  of  a  physical
therapist  assistant,  who  has direct clinical experience providing age
appropriate physical therapy services for a period of not less than  two
years,  by  a  licensed  physical  therapist  shall  not be construed as
requiring the physical presence of such licensed physical  therapist  at
the  time  and  place where such services are performed. For purposes of
this subdivision "continuous supervision" shall be deemed to include:
  (i)  the  licensed  physical  therapist's  setting   of   the   goals,
establishing a plan of care, determining on an initial and ongoing basis
whether the patient is appropriate to receive the services of a physical
therapist  assistant, determining the frequency of joint visits with the
patient by both the supervising  licensed  physical  therapist  and  the
physical  therapist  assistant,  except  that  in  no instance shall the
interval, between joint visits, be more than every ninety calendar days,
subject to the licensed physical therapist's evaluation;
  (ii) an initial joint  visit  with  the  patient  by  the  supervising
licensed physical therapist and physical therapist assistant;
  (iii)  periodic  treatment  and  evaluation  of  the  patient  by  the
supervising licensed physical therapist as indicated in the plan of care
and as determined in accordance with patient need,  except  that  in  no
instance  shall the interval between such treatment exceed every twelfth
visit or thirty days which ever occurs first; and
  (iv) notification of the supervising licensed  physical  therapist  by
the  physical  therapist assistant whenever there is a change in status,
condition or performance of the patient.
  (2) This subdivision shall not apply  to  the  provision  of  physical
therapy  services when a child's condition requires multiple adjustments
of sequences and procedures due to rapidly changing  physiologic  status
and/or response to treatment.
  * NB Repealed June 30, 2020