N.Y. Education Law § 6738: Definition of physical therapist assistant

§ 6738. Definition of physical therapist assistant. * a. A "physical

therapist assistant" means a person licensed 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 licensed

physical therapist assistants supervised by one licensed physical

therapist shall not exceed the ratio of four licensed 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.

* NB Effective until November 21, 2026

* a. A "physical therapist assistant" means a person licensed in

accordance with this article who works under the direction and

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 a

patient's plan of care. Supervision by the licensed physical therapist

shall be continuous but shall not necessarily require the physical

presence at the time and place where services are being performed.

Provided further, however, such physical therapist must be available for

consultation with the physical therapist assistant or patient within a

reasonable amount of time pursuant to the commissioner's regulations.

The number of licensed physical therapist assistants supervised by one

licensed physical therapist shall not exceed the ratio of four licensed

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.

* NB Effective November 21, 2026

b. Notwithstanding the provisions of subdivision a of this section,

supervision of a licensed 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 for people with 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 licensed 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 licensed 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 licensed 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

licensed 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, 2030

* d. (1) For purposes of the provision of licensed 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 licensed

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 licensed

physical therapist assistant, determining the frequency of joint visits

with the patient by both the supervising licensed physical therapist and

the licensed 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 licensed 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 licensed 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, 2030