Section 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, 2010
    * 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, 2010