S 9997: Changes the definition of continuous supervision in relation to physical therapist assistants in both the home care setting and school setting by eliminating the joint visit requirement with the patient by the supervising licensed physical therapist and the licensed physical therapist assistant.

  
  STATE OF NEW YORK ________________________________________________________________________ 9997  IN SENATE April 21, 2026 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to physical therapist assistants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision c of section 6738 of the education law, as 2 amended by chapter 511 of the laws of 2022, is amended to read as 3 follows: 4 c. For the purposes of the provision of physical therapist assistant 5 services in a home care services setting, as such services are defined 6 in article thirty-six of the public health law, except that the home 7 care services setting shall not include early intervention services as 8 defined in title two-A of article twenty-five of the public health law, 9 whether such services are provided by a home care services agency or 10 under the supervision of a physical therapist licensed pursuant to this 11 article, continuous supervision of a licensed physical therapist assist- 12 ant, who has had direct clinical experience for a period of not less 13 than two years, by a licensed physical therapist shall not be construed 14 as requiring the physical presence of such licensed physical therapist 15 at the time and place where such services are performed. For purposes of 16 this subdivision "continuous supervision" shall be deemed to include: 17 (i) the licensed physical therapist's setting of goals, establishing a 18 plan of care and determining whether the patient is appropriate to 19 receive the services of a licensed physical therapist assistant subject 20 to the licensed physical therapist's evaluation; (ii) [an initial joint 21 visit with the patient by the supervising licensed physical therapist 22 and the licensed physical therapist assistant; (iii)] periodic treatment 23 and evaluation of the patient by the supervising licensed physical ther- 24 apist, as indicated in the plan of care and as determined in accordance 25 with patient need, but in no instance shall the interval between such 26 treatment exceed every six patient visits or thirty days, whichever 27 occurs first; and [(iv)] (iii) a final evaluation by the supervising 28 licensed physical therapist to determine if the plan of care shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15557-02-6 
 S. 9997 2 1 terminated. For purposes of this subdivision, the number of licensed 2 physical therapist assistant's supervised in the home care services 3 setting by a licensed physical therapist shall not exceed the ratio of 4 two physical therapist assistants to one licensed physical therapist. 5 § 2. Paragraph 1 of subdivision d of section 6738 of the education 6 law, as amended by chapter 511 of the laws of 2022, is amended to read 7 as follows: 8 (1) For purposes of the provision of licensed physical therapist 9 assistant services in public primary or private primary or secondary 10 schools and for preschool children, as that term is defined in paragraph 11 i of subdivision one of section forty-four hundred ten of this chapter, 12 and receiving services thereunder, continuous supervision of a licensed 13 physical therapist assistant, who has direct clinical experience provid- 14 ing age appropriate physical therapy services for a period of not less 15 than two years, by a licensed physical therapist shall not be construed 16 as requiring the physical presence of such licensed physical therapist 17 at the time and place where such services are performed. For purposes of 18 this subdivision "continuous supervision" shall be deemed to include: 19 (i) the licensed physical therapist's setting of the goals, establish- 20 ing a plan of care, determining on an initial and ongoing basis whether 21 the patient is appropriate to receive the services of a licensed phys- 22 ical therapist assistant, determining the frequency of joint visits with 23 the patient by both the supervising licensed physical therapist and the 24 licensed physical therapist assistant, except that in no instance shall 25 the interval, between joint visits, be more than every ninety calendar 26 days, subject to the licensed physical therapist's evaluation; 27 (ii) [an initial joint visit with the patient by the supervising 28 licensed physical therapist and licensed physical therapist assistant; 29 (iii)] periodic treatment and evaluation of the patient by the super- 30 vising licensed physical therapist as indicated in the plan of care and 31 as determined in accordance with patient need, except that in no 32 instance shall the interval between such treatment exceed every twelfth 33 visit or thirty days which ever occurs first; and 34 [(iv)] (iii) notification of the supervising licensed physical thera- 35 pist by the licensed physical therapist assistant whenever there is a 36 change in status, condition or performance of the patient. 37 § 3. This act shall take effect one year after it shall have become a 38 law provided, however, that the amendments to subdivisions c and d of 39 section 6738 of the education law made by sections one and two of this 40 act shall not affect the repeal of such subdivisions and shall be deemed 41 repealed therewith.