Physical Therapy

Regulations of the Commissioner

Sub-Part 77 Physical Therapy

§77.1 Professional study of physical therapy.

To meet the professional education requirement for licensure in this State, the applicant shall present evidence of:

• (a) a bachelor's or higher degree in physical therapy from a program registered by the department or accredited by a national accreditation agency which is satisfactory to the department; or
  
  
• (b) a certificate in physical therapy from a program registered by the department or accredited by a national accreditation agency which is satisfactory to the department following the completion of a bachelor's degree from an institution acceptable to the department; or
  
  
• (c) completion of a program satisfactory to the department of not less than four years of postsecondary study which includes the professional study of physical therapy equivalent to a certificate program in physical therapy registered by the department and which culminates in the degree or diploma accepted by the civil authorities of the country in which the studies were completed as preparation in physical therapy in that country.
  
  

§77.2 Licensing examinations for physical therapists.

• (a) The department may accept passing scores on the National Physical Therapy Examination or on an examination determined to be comparable in content.
  
  

§77.3 Limited permits for physical therapists.

• (a) The department may renew a limited permit in physical therapy, as provided in section 6735(c) of the Education Law, based upon:
  
  
  • (1) satisfactory evidence of: extenuating circumstances which prevented the permittee from taking the licensing examination; or a demonstrated need for additional clinical training under the supervision of a licensed physical therapist; and
    
    
  • (2) documentation that the permittee is affirmatively pursuing licensure by maintaining active examination and licensure applications; and
    
    
  • (3) completion of an application for renewal of a physical therapy limited permit and payment of the fee prescribed in section 6735 of the Education Law.
    
    
• (b) Notwithstanding the provisions of subdivision (a) of this section, renewal of a limited permit shall not be granted if the permittee is the subject of a pending professional misconduct proceeding or if the department determines that there is a reasonable basis for a professional misconduct proceeding against the permittee, as provided in title VIII of the Education Law.
  
  
• (c) On-site supervision of permittees as required in section 6735(d) of the Education Law shall mean that the supervising physical therapist is in the same facility and readily available to the permittee.
  
  

§77.4 Professional study for physical therapy assistants.

To meet the professional education requirements for certification, the applicant shall present evidence of:

• (a) completion of a two-year college program for physical therapist assistants registered by the department or accredited by a national accreditation agency which is satisfactory to the department; or
  
  
• (b) completion of a physical therapy program determined by the department to be equivalent to a registered program for physical therapist assistants. When adequate program records are not available or a site visit is not feasible to determine equivalency, a candidate may demonstrate competency by passing a national examination satisfactory to the department.
  
  

§77.5 Experience for physical therapist assistants.

There shall be no experience required beyond that required as a component of an educational program for physical therapist assistants registered by the department.

§77.6 Supervision of physical therapist assistants.

A physical therapist assistant shall be under the general supervision of a physical therapist licensed in the State of New York. On-site supervision as required by section 6738(a) of the Education Law shall mean that the supervising physical therapist is physically present in the same facility and is readily available to the physical therapist assistant, except as otherwise provided in subdivision (b) of section 6738 of the Education Law with respect to maintenance programs in residential health care facilities.

§77.7 Licensing examinations for physical therapist assistants.

• (a) The department may accept passing scores on the National Physical Therapy Examination for Physical Therapist Assistants or an examination determined to be comparable in content.
  
  

§77.8 Limited permits for physical therapist assistants.

• (a) the department may renew a limited permit for a physical therapist assistant, as provided in section 674-a (c) of the Education Law, based upon:
  
  
  • (1) satisfactory evidence of extenuating circumstances which prevented the permittee from taking the licensing examination; or a demonstrated need for additional clinical training under the supervision of a licensed physical therapist; and
    
    
  • (2) documentation that the permittee is affirmatively pursuing licensure by maintaining active examination and licensure applications; and
    
    
  • (3) completion of an application for renewal of a physical therapist assistant limited permit and payment of the fee prescribed in section 6741-a of the Education Law.
    
    
• (b) Notwithstanding the provisions of subdivision (a) of this section, renewal of a limited permit shall not be granted if the permittee is the subject of a pending professional misconduct proceeding or if the department determines that there is a reasonable basis for a professional misconduct proceeding against the permittee, as provided in title VIII of the Education Law.
  
  
• (c) On-site supervision of permittees as required in section 6741-a (d) of the Education Law shall mean that the supervising physical therapist is in the same facility and readily available to the permittee.

§77.9 Providing treatment in the practice of physical therapy without referral.

(Effective November 23, 2006)

• (a) In accordance with Education Law section 6731(d), a licensed physical therapist may provide a patient with treatment in the practice of physical therapy without a referral from a physician, dentist, podiatrist, or nurse practitioner, for 10 visits or 30 days whichever occurs first, provided the licensed physical therapist meets the following requirements:
  
  
  • (1) the licensed physical therapist has practiced physical therapy on a full-time basis equivalent to not less than three years prior to beginning such treatment, meaning the licensed physical therapist has completed at least 4,320 clock hours of physical therapy practice over a minimum of 36 months anytime prior to beginning such treatment; and
    
    
  • (2) the licensed physical therapist meets all requirements of subdivision (b) of this section relating to the notice of advice.
    
    
• (b) Notice of advice. A physical therapist providing treatment in the practice of physical therapy without a referral from a physician, dentist, podiatrist, or nurse practitioner, in accordance with Education Law section 6731(d) and the requirements of this section, shall advise the patient in writing prior to beginning treatment of the possibility that treatment may not be covered by the patient's health care plan or insurer without a referral from a physician, dentist, podiatrist, or nurse practitioner and that treatment may be a covered expense if rendered pursuant to such referral. This notice of advice shall be provided on a form, a copy of which shall be kept on file by the licensed physical therapist as a patient record and a copy of which shall be given to the patient. The notice of advice form shall include the following information:
  
  
  • (1) a statement of such advice and a statement attesting that the patient has read the notice of advice;
    
    
  • (2) the date treatment will begin;
    
    
  • (3) the patient’s name and address;
    
    
  • (4) the patient’s signature and date the patient signed the form;
    
    
  • (5) the treating physical therapist's name and address; and
    
    
  • (6 ) the treating physical therapist’s signature and the date the physical therapist signed the form.