§ 6738 — Definition of physical therapist assistant

§ 6738. Definition of physical therapist assistant. * a. A "physical\ntherapist assistant" means a person licensed in accordance with this\narticle who works under the supervision of a licensed physical therapist\nperforming such patient related activities as are assigned by the\nsupervising physical therapist. Duties of physical therapist assistants\nshall not include evaluation, testing, interpretation, planning or\nmodification of patient programs. Supervision of a physical therapist\nassistant by a licensed physical therapist shall be on-site supervision,\nbut not necessarily direct personal supervision. The number of licensed\nphysical therapist assistants supervised by one licensed physical\ntherapist shall not exceed the ratio of four licensed physical therapist\nassistants to one licensed physical therapist as shall be determined by\nthe commissioner's regulations insuring that there be adequate\nsupervision in the best interest of public health and safety. Nothing in\nthis section shall prohibit a hospital from employing physical therapist\nassistants, provided they work under the supervision of physical\ntherapists designated by the hospital and not beyond the scope of\npractice of a physical therapist assistant. The numerical limitation of\nthis section shall not apply to work performed in a hospital, provided\nthat there be adequate supervision in the best interest of public health\nand safety.\n * NB Effective until November 21, 2026\n * a. A "physical therapist assistant" means a person licensed in\naccordance with this article who works under the direction and\nsupervision of a licensed physical therapist performing such patient\nrelated activities as are assigned by the supervising physical\ntherapist. Duties of physical therapist assistants shall not include\nevaluation, testing, interpretation, planning or modification of a\npatient's plan of care. Supervision by the licensed physical therapist\nshall be continuous but shall not necessarily require the physical\npresence at the time and place where services are being performed.\nProvided further, however, such physical therapist must be available for\nconsultation with the physical therapist assistant or patient within a\nreasonable amount of time pursuant to the commissioner's regulations.\nThe number of licensed physical therapist assistants supervised by one\nlicensed physical therapist shall not exceed the ratio of four licensed\nphysical therapist assistants to one licensed physical therapist as\nshall be determined by the commissioner's regulations insuring that\nthere be adequate supervision in the best interest of public health and\nsafety. Nothing in this section shall prohibit a hospital from employing\nphysical therapist assistants, provided they work under the supervision\nof physical therapists designated by the hospital and not beyond the\nscope of practice of a physical therapist assistant. The numerical\nlimitation of this section shall not apply to work performed in a\nhospital, provided that there be adequate supervision in the best\ninterest of public health and safety.\n * NB Effective November 21, 2026\n b. Notwithstanding the provisions of subdivision a of this section,\nsupervision of a licensed physical therapist assistant by a licensed\nphysical therapist, (i) in a residential health care facility, as\ndefined in article twenty-eight of the public health law, (ii) in a\ndiagnostic and treatment center licensed under article twenty-eight of\nthe public health law that provides, as its principal mission, services\nto individuals with developmental disabilities, (iii) in a facility, as\ndefined in section 1.03 of the mental hygiene law, or (iv) under a\nmonitored program of the office for people with developmental\ndisabilities as defined in subdivision (a) of section 13.15 of the\nmental hygiene law, shall be continuous but not necessarily on site when\nthe supervising physical therapist has determined, through evaluation,\nthe setting of goals and the establishment of a treatment plan, that the\nprogram is one of maintenance as defined pursuant to title XVIII of the\nfederal social security act. The provisions of this subdivision shall\nnot apply to the provision of physical therapy services when the\ncondition requires multiple adjustments of sequences and procedures due\nto rapidly changing physiological status and/or response to treatment,\nor to children under five years of age.\n * c. For the purposes of the provision of physical therapist assistant\nservices in a home care services setting, as such services are defined\nin article thirty-six of the public health law, except that the home\ncare services setting shall not include early intervention services as\ndefined in title two-A of article twenty-five of the public health law,\nwhether such services are provided by a home care services agency or\nunder the supervision of a physical therapist licensed pursuant to this\narticle, continuous supervision of a licensed physical therapist\nassistant, who has had direct clinical experience for a period of not\nless than two years, by a licensed physical therapist shall not be\nconstrued as requiring the physical presence of such licensed physical\ntherapist at the time and place where such services are performed. For\npurposes of this subdivision "continuous supervision" shall be deemed to\ninclude: (i) the licensed physical therapist's setting of goals,\nestablishing a plan of care and determining whether the patient is\nappropriate to receive the services of a licensed physical therapist\nassistant subject to the licensed physical therapist's evaluation; (ii)\nan initial joint visit with the patient by the supervising licensed\nphysical therapist and the licensed physical therapist assistant; (iii)\nperiodic treatment and evaluation of the patient by the supervising\nlicensed physical therapist, as indicated in the plan of care and as\ndetermined in accordance with patient need, but in no instance shall the\ninterval between such treatment exceed every six patient visits or\nthirty days, whichever occurs first; and (iv) a final evaluation by the\nsupervising licensed physical therapist to determine if the plan of care\nshall be terminated. For purposes of this subdivision, the number of\nlicensed physical therapist assistant's supervised in the home care\nservices setting by a licensed physical therapist shall not exceed the\nratio of two physical therapist assistants to one licensed physical\ntherapist.\n * NB Repealed June 30, 2026\n * d. (1) For purposes of the provision of licensed physical therapist\nassistant services in public primary or private primary or secondary\nschools and for preschool children, as that term is defined in paragraph\ni of subdivision one of section forty-four hundred ten of this chapter,\nand receiving services thereunder, continuous supervision of a licensed\nphysical therapist assistant, who has direct clinical experience\nproviding age appropriate physical therapy services for a period of not\nless than two years, by a licensed physical therapist shall not be\nconstrued as requiring the physical presence of such licensed physical\ntherapist at the time and place where such services are performed. For\npurposes of this subdivision "continuous supervision" shall be deemed to\ninclude:\n (i) the licensed physical therapist's setting of the goals,\nestablishing a plan of care, determining on an initial and ongoing basis\nwhether the patient is appropriate to receive the services of a licensed\nphysical therapist assistant, determining the frequency of joint visits\nwith the patient by both the supervising licensed physical therapist and\nthe licensed physical therapist assistant, except that in no instance\nshall the interval, between joint visits, be more than every ninety\ncalendar days, subject to the licensed physical therapist's evaluation;\n (ii) an initial joint visit with the patient by the supervising\nlicensed physical therapist and licensed physical therapist assistant;\n (iii) periodic treatment and evaluation of the patient by the\nsupervising licensed physical therapist as indicated in the plan of care\nand as determined in accordance with patient need, except that in no\ninstance shall the interval between such treatment exceed every twelfth\nvisit or thirty days which ever occurs first; and\n (iv) notification of the supervising licensed physical therapist by\nthe licensed physical therapist assistant whenever there is a change in\nstatus, condition or performance of the patient.\n (2) This subdivision shall not apply to the provision of physical\ntherapy services when a child's condition requires multiple adjustments\nof sequences and procedures due to rapidly changing physiologic status\nand/or response to treatment.\n * NB Repealed June 30, 2030\n