To preserve the public health and general welfare, emergency action is necessary to conform the Commissioner's regulations to Education Law § 6734(b) and to ensure the Department implements these new educational requirements for licensure in a timely manner.

It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the September 2012 Regents meeting, after publication in the State Register and expiration of the 45-day public comment period on proposed rule making, as required by the State Administrative Procedure Act.

(1) "Basic health sciences content area" shall mean coursework which includes, but is not limited to, the following curricular areas:

(i) human anatomy specific to physical therapy;

(ii) human physiology specific to physical therapy;

(iii) neuroscience;

(iv) kinesiology or functional anatomy; and

(v) pathology.

(2) "Medical sciences content area" shall mean coursework in clinical medicine pertinent to physical therapy which includes, but is not limited to, the following curricular areas:

(i) neurology;

(ii) orthopedics;

(iii) pediatrics;

(iv) geriatrics;

(v) cardiopulmonary;

(vi) pharmacology; and

(vii) general medical/surgical metabolic conditions.

(3) "Clinical sciences: examination and evaluation content area" shall mean coursework in examination and evaluation which includes, but is not limited to, the following curricular areas:

(i) integumentary system;

(ii) musculoskeletal system;

(iii) neuromuscular system;

(iv) cardiopulmonary system; and

(v) metabolic problems.

(4) "Clinical sciences: interventions content area" shall mean coursework in interventions which includes, but is not limited to, the following curricular areas:

(i) integumentary interventions;

(ii) musculoskeletal interventions;

(iii) neuromuscular interventions; and

(iv) cardiopulmonary interventions.

(v) airway clearance techniques;

(vi) debridement and wound care;

(vii) electrotherapeutic modalities;

(viii) functional training in community and work, job, school, or play reintegration, including instrumental activities of daily living, work hardening, and work conditioning;

(ix) functional training in self-care and home management, including activities of daily living and instrumental activities of daily living;

(x) manual therapy techniques;

(xi) patient-related instruction;

(xii) physical agents and mechanical modalities;

(xiii) prescription, application, and, as appropriate, fabrication of assistive, adaptive, orthotic, protective, supportive, and prosthetic devices and equipment; and

(xiv) therapeutic exercise, including aerobic conditioning.

(5) "Related professional content area" shall mean coursework which includes, but is not limited to, the following curricular areas:

(i) professional behaviors;

(ii) administration;

(iii) community health;

(iv) research and clinical decision making;

(v) educational techniques;

(vi) medical terminology;

(vii) communication related to client/patient care;

(viii) legal and ethical aspects of physical therapy practice;

(ix) psychosocial aspects in physical therapy practice;

(x) emergency procedures;

(xi) cultural competency; and

(xii) consultation, screening and delegation.

(6) "Clinical education content area" shall mean clinical practice experiences under the following conditions:

(i) Such clinical practice experiences shall consist of no less than 800 total hours of clinical education supervised by a physical therapist that include at least 560 hours of full-time clinical internships. For purposes of this subparagraph full-time shall mean no less than 35 hours per week.

(ii) Clinical education shall include physical therapist-supervised application of physical therapy theory, examination, evaluation, and intervention.

(1) basic health sciences;

(2) medical sciences;

(3) clinical sciences: examination and evaluation;

(4) clinical sciences: interventions;

(5) related professional; and

(6) clinical education.

2. Section 77.1 of the Regulations of the Commissioner of Education is amended, effective August 17, 2012, as follows:

77.1 Professional study of physical therapy.

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

[(a)] (1) a [bachelor's] master's or higher degree in physical therapy from a program registered by the department or accredited by [a national accreditation] an acceptable accrediting 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)] (2) 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] which is substantially equivalent to a [certificate] master's degree 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] satisfying the educational requirements for the practice of physical therapy in that country.

3. The Regulations of the Commissioner of Education are amended, effective August 17, 2012, by the addition of a new section 77.11, to read as follows:

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Subdivision (1) of section 6506 of the Education Law authorizes the Board of Regents to promulgate rules regarding the admission to and practice of the professions.

Subparagraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations regarding the admission to and practice of the professions.

Subdivision (b) of Education Law section 6734, as amended by Chapter 410 of the Laws of 2011 as of August 17, 2012, raises the educational requirements for licensure as a physical therapist in this State from a bachelor's degree to a master's degree in physical therapy or as determined to be equivalent in accordance with the Regulations of the Commissioner of Education.

Chapter 410 of the Laws of 2011 amends Education Law § 6734(b), effective August 17, 2012, to increase the educational requirements for licensure as a physical therapist from a bachelor's degree to a master's degree in physical therapy. Chapter 410 further provides that the amendments made to Education Law § 6734(b) by Chapter 410 will not apply to physical therapists who have attained licensure in this State prior to such effective date.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment implements the intent of the aforementioned statutes, which collectively provide the State Education Department ("Department") with the authority to supervise the practice of the professions for the benefit and protection of the public. The proposed amendment will conform the Regulations of the Commissioner of Education to Chapter 410 of the Laws of 2011, which raised the educational requirements for licensure in the profession of physical therapy from a bachelor's degree to a master's degree in physical therapy. The proposed amendment is necessary to ensure that the Department implements these new educational requirements in a timely manner.

3. NEEDS AND BENEFITS:

The proposed amendment is necessary to conform the Commissioner's regulations to Education Law § 6734(b), as amended by Chapter 490 of the Laws of 2011, which increased the educational requirements to practice as a physical therapist in this State to a master's degree or higher. In particular, the proposed amendment would amend section 77.1 of the Commissioner's regulations to replace the minimum educational requirements of a bachelor's degree with a master's degree or equivalent and would eliminate a certificate in physical therapy, together with a bachelor's degree, as acceptable education. Section 77.1, as amended, would allow for the completion of a foreign professional physical therapy program that is substantially equivalent to a master's degree program registered by the Department to satisfy the educational requirements for licensure.

The proposed amendment would add a new section 52.41 to the Commissioner's regulations to establish the educational program requirements for registration by the Department as a licensure-qualifying program in physical therapy. The proposed amendment would also add a new section 77.11 to the Commissioner's regulations to establish requirements for the endorsement of a license issued by another jurisdiction to practice physical therapy in New York State.

4. COSTS:

(a) There are no additional costs to state government. Although the proposed amendment will require the Department to expend time and resources in ensuring programs qualify for licensure and ensuring applicants for licensure meet the new educational requirements, it is anticipated that the fees for licensure will cover a substantial portion of such costs and the Department will not incur any significant additional expenses.

(b) There are no additional costs to local government.

(c) Cost to private regulated parties. The proposed amendment is not expected to increase costs. The amendment is necessary to conform the Commissioner's regulations to Education Law § 6734(b).

(d) There are no additional costs to the regulating agency. As previously stated, it is anticipated that any costs associated with implementing these new requirements will be absorbed by existing resources.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment strictly relates to the educational qualifications required of applicants for licensure as physical therapists. The amendment does not impose any additional program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The proposed amendment will not impose any new reporting requirements.

7. DUPLICATION:

The amendment does not duplicate any existing state or federal requirement.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment to section 77.1 of the Regulations of the Commissioner of Education, as the amendment is necessary to conform the regulations to the recent changes made in law. With regard to the proposed addition of section 52.41 of the Regulations of the Commissioner of Education, alternative educational requirements were discussed by the State Board for Physical Therapy and with interested parties, and the proposed addition was the result of those discussions. Similarly, there were discussions concerning the proposed endorsement provisions in the addition of section 77.11 of the Commissioner's regulations with regard to the educational requirements and experience requirements.

9. FEDERAL STANDARDS:

Federal standards do not apply, nor does the proposal exceed federal standards.

10. COMPLIANCE SCHEDULE:

It is expected that the Department will be able to comply by the effective date of the statute, August 17, 2011. Applicants for licensure will need to comply with the new statute and corresponding regulations on and after August 17, 2011.

The proposed amendment conforms the Commissioner's regulations to Education Law § 6734(b), which was amended by Chapter 410 of the Laws of 2011, effective August 17, 2012. Effective August 17, 2012, Education Law § 6734(b), will increase the educational requirements for licensure as a physical therapist in New York State from a bachelor's degree to a master's degree in physical therapy or the equivalent. The proposed amendment amends the regulations to conform to Education Law § 6734(b) and makes related changes regarding the educational requirements for licensure and the endorsement of licenses issued by other jurisdictions.

The proposed amendment will not impose any additional reporting, recordkeeping, or other compliance requirement, or any adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will apply to all applicants for licensure to practice in New York State as of August 17, 2012 and accordingly, will apply to the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment is necessary to conform the Commissioner's regulations to Education Law § 6734(b), as amended by Chapter 410 of the Laws of 2011, which increased the educational requirements for licensure to practice as a physical therapist in New York State to a master's degree or higher. In particular, the proposed amendment would amend section 77.1 of the Commissioner's regulations to replace the minimum educational requirements of a bachelor's degree with a master's degree or equivalent and would eliminate a certificate in physical therapy, together with a bachelor's degree, as acceptable education. Section 77.1, as amended, would allow for the completion of a foreign professional physical therapy program that is substantially equivalent to a master's degree program registered by the Department to satisfy the educational requirements for licensure. The proposed amendment would also add a new section 52.41 to the Commissioner's regulations to establish the educational program requirements for registration by the Department as a licensure-qualifying program in physical therapy. Currently, all licensure-qualifying physical therapy programs in the State offer doctoral-level programs.

3. COSTS:

The proposed amendment does not impose any additional cost on regulated parties.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment merely conforms the Commissioner's regulations to State statute. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited statewide from organizations representing all parties having an interest in the practice of physical therapy. Included in this group were members of the State Board for Physical Therapy, educational institutions, and professional associations representing the profession. These groups, which have representation in rural areas, have been provided notice of the proposed rule making and opportunity to comment on the proposed amendment.

The proposed amendment implements Education Law § 6734(b), as amended by Chapter 490 of the Laws of 2011, effective August 17, 2012, by increasing the educational qualifications required to become licensed as a physical therapist in this State from a bachelor's to a master's degree. The proposed amendment is necessary to conform the Commissioners' regulations to the new statute, which will take effect on August 17, 2012. Chapter 410 provides that the amendments made to Education Law § 6734(b) by Chapter 410 will not apply to physical therapists who have attained licensure in this State prior to such effective date. Additionally, all physical therapy programs in the State offer physical therapy programs at the doctorate level.

The proposed amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.