N.Y. Comp. Codes R. & Regs. tit. 8 § 77.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 77.9 - Providing treatment in the practice of physical therapy without referral

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 77.9