6731 - Definition of physical therapy.

§ 6731. Definition  of  physical  therapy. Physical therapy is defined  as:    a. The evaluation, treatment  or  prevention  of  disability,  injury,  disease,  or  other  condition  of  health using physical, chemical, and  mechanical means including, but not limited to heat, cold,  light,  air,  water,   sound,  electricity,  massage,  mobilization,  and  therapeutic  exercise with or without assistive  devices,  and  the  performance  and  interpretation  of  tests and measurements to assess pathophysiological,  pathomechanical,  and  developmental  deficits  of  human   systems   to  determine treatment, and assist in diagnosis and prognosis.    b.  The  use of roentgen rays or radium, or the use of electricity for  surgical purposes such as cauterization shall not  be  included  in  the  practice of physical therapy.    c.  Such  treatment shall be rendered pursuant to a referral which may  be  directive  as  to  treatment  by  a  licensed  physician,   dentist,  podiatrist,  nurse  practitioner or licensed midwife, each acting within  his or her lawful scope  of  practice,  and  in  accordance  with  their  diagnosis, except as provided in subdivision d of this section.    d. Such treatment may be rendered by a licensed physical therapist for  ten  visits  or  thirty  days,  whichever  shall  occur first, without a  referral from a physician, dentist, podiatrist,  nurse  practitioner  or  licensed midwife provided that:    (1)  The licensed physical therapist has practiced physical therapy on  a full time basis equivalent to not less than three years.    (2) Each physical therapist licensed pursuant to  this  article  shall  provide  written  notice  to  each  patient receiving treatment absent a  referral from a physician, dentist, podiatrist,  nurse  practitioner  or  licensed  midwife  that  physical  therapy  may  not  be  covered by the  patient's health care plan or insurer without such a referral  and  that  such  treatment  may  be  a  covered  expense  if rendered pursuant to a  referral. The physical therapist shall keep on file with  the  patient's  records  a  form  attesting to the patient's notice of such advice. Such  form shall be in duplicate, with one copy to be retained by the patient,  signed and dated by both the physical therapist and the patient in  such  form   as   prescribed   pursuant  to  regulations  promulgated  by  the  commissioner.