Governor Spitzer signs into law legislation which allows midwives to refer patients for physical therapy treatment.

On August 1st, Governor Spitzer signed into law legislation which allows midwives to refer patients to physical therapists for treatment. While access to physical therapy is not dependent on a referral as a result of direct access, the legislation adds midwives to the list of professions explicitly authorized to refer patients for treatment by a physical therapist. Under current law, physicians, dentists, podiatrists and nurse practitioners are authorized to refer patients for treatment. Notably, the inclusion of midwives in the list of referral sources means that the ten visit/thirty day limitation on direct access episodes of care will not apply to midwife referrals. The bill did not amend the provisions of the Insurance Law which mandate coverage of physical therapy care so coverage issues may arise with midwife referrals.

The legislation also adds language to the practice act which limits the ability of referring professions to direct treatment. The legislation makes clear that when directing treatment the referring professional must not act beyond their scope of practice. Arguably, that is the case under current law but the language is intended to address those situations in which the referring professional does not have the necessary expertise to direct treatment.

Assembly member Amy Paulin and Senator Frank Padavan sponsored the legislation. The legislation became effective upon signature by Governor Spitzer (August 1st)

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