2023 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 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.
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, 2026
* 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, 2025