S05663 Summary:

Amd §7901, Ed L; amd §5102, Ins L
Allows patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; requires the occupational therapist to inform the patient of certain potential insurance issues; relates to eliminating the need for referrals for certain treatment under coverage provided by certain motor vehicle insurance policies.
Go to top    

S05663 Actions:

05/21/2021PRINT NUMBER 5663A
05/10/20221ST REPORT CAL.1240
05/11/20222ND REPORT CAL.
05/24/2022SUBSTITUTED BY A3202C
 A03202 AMEND=C McDonald
 01/22/2021referred to higher education
 04/28/2021amend (t) and recommit to higher education
 04/28/2021print number 3202a
 05/17/2021amend (t) and recommit to higher education
 05/17/2021print number 3202b
 05/19/2021amend and recommit to higher education
 05/19/2021print number 3202c
 05/25/2021reported referred to rules
 06/01/2021rules report cal.168
 06/01/2021ordered to third reading rules cal.168
 06/01/2021passed assembly
 06/01/2021delivered to senate
 01/05/2022DIED IN SENATE
 01/05/2022ordered to third reading cal.117
 01/26/2022passed assembly
 01/26/2022delivered to senate
 05/24/2022SUBSTITUTED FOR S5663A
 05/24/20223RD READING CAL.1240
 05/24/2022PASSED SENATE
 11/21/2022delivered to governor
 11/21/2022signed chap.601
Go to top

S05663 Committee Votes:

Go to top

S05663 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S05663 Memo:

Memo not available
Go to top

S05663 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     March 15, 2021
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the education law, in relation to allowing  patients  to
          receive  certain  treatment  by  an  occupational  therapist without a
          referral from a physician or nurse  practitioner;  and  to  amend  the
          insurance  law,  in relation to eliminating the need for referrals for
          certain treatment
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  7901 of the education law, as amended by chapter
     2  460 of the laws of 2011, is amended to read as follows:
     3    § 7901. Definition. 1. The practice of the profession of  occupational
     4  therapy is defined as the functional evaluation of the client, the plan-
     5  ning and utilization of a program of purposeful activities, the develop-
     6  ment  and  utilization  of a treatment program, and/or consultation with
     7  the client, family, caregiver  or  organization  in  order  to  restore,
     8  develop  or  maintain  adaptive  skills,  and/or  performance  abilities
     9  designed to achieve maximal physical, cognitive and  mental  functioning
    10  of  the client associated with his or her activities of daily living and
    11  daily life tasks. A treatment  program  designed  to  restore  function,
    12  shall  be rendered on the prescription or referral of a physician, nurse
    13  practitioner or other health care provider  acting  within  his  or  her
    14  scope  of  practice  pursuant  to  this title, except as provided for in
    15  subdivision two of this section.  However,  nothing  contained  in  this
    16  article  shall be construed to permit any licensee hereunder to practice
    17  medicine or psychology, including psychotherapy or to  otherwise  expand
    18  such  licensee's  scope  of  practice  beyond what is authorized by this
    19  chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5663--A                          2
     1    2. Treatment may be rendered by a licensed occupational therapist  for
     2  ten  visits,  or  thirty  days,  whichever  shall occur first, without a
     3  referral from a physician or nurse practitioner provided that:
     4    (a)  the  licensed  occupational  therapist has practiced occupational
     5  therapy on a full time basis equivalent to not less  than  three  years;
     6  and
     7    (b)  each  occupational  therapist  licensed  pursuant to this article
     8  shall provide written notice to each patient receiving treatment  absent
     9  a  referral  from  a  physician  or nurse practitioner that occupational
    10  therapy may not be covered by the patient's health care plan or  insurer
    11  without such a referral and that such treatment may be a covered expense
    12  if  rendered  pursuant  to a referral.  The occupational therapist shall
    13  keep on file  with  the  patient's  records  a  form  attesting  to  the
    14  patient's  notice  of such advice. Such form shall be in duplicate, with
    15  one copy to be retained by the patient, signed and  dated  by  both  the
    16  occupational therapist and the patient in such form as prescribed pursu-
    17  ant to regulations promulgated by the commissioner.
    18    §  2.  Paragraph  1 of subsection (a) of section 5102 of the insurance
    19  law, as amended by chapter 298 of the laws of 2006, is amended  to  read
    20  as follows:
    21    (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
    22  (including services rendered in compliance with article forty-one of the
    23  public health law, whether or not such services are rendered directly by
    24  a hospital), surgical, nursing, dental, ambulance,  x-ray,  prescription
    25  drug   and  prosthetic  services;  (ii)  psychiatric,  physical  therapy
    26  (provided that treatment is rendered pursuant to a referral) and occupa-
    27  tional therapy and rehabilitation (provided that treatment  is  rendered
    28  pursuant  to a referral); (iii) any non-medical remedial care and treat-
    29  ment rendered in accordance with a religious method  of  healing  recog-
    30  nized  by the laws of this state; and (iv) any other professional health
    31  services; all without limitation as to time, provided  that  within  one
    32  year after the date of the accident causing the injury it is ascertaina-
    33  ble that further expenses may be incurred as a result of the injury. For
    34  the  purpose  of  determining basic economic loss, the expenses incurred
    35  under this paragraph shall be in  accordance  with  the  limitations  of
    36  section five thousand one hundred eight of this article.
    37    § 3. This act shall take effect on the one hundred twentieth day after
    38  it shall have become a law.  Effective immediately, the addition, amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation  of  this act on its effective date are authorized to be made and
    41  completed on or before such effective date.
Go to top