N.Y. Education Law § 7901: Definition

§ 7901. Definition. 1. The practice of the profession of occupational

therapy is defined as the functional evaluation of the client, the

planning and utilization of a program of purposeful activities, the

development and utilization of a treatment program, and/or consultation

with the client, family, caregiver or organization in order to restore,

develop or maintain adaptive skills, and/or performance abilities

designed to achieve maximal physical, cognitive and mental functioning

of the client associated with his or her activities of daily living and

daily life tasks. A treatment program designed to restore function,

shall be rendered on the prescription or referral of a physician, nurse

practitioner or other health care provider acting within his or her

scope of practice pursuant to this title, except as provided for in

subdivision two of this section. However, nothing contained in this

article shall be construed to permit any licensee hereunder to practice

medicine or psychology, including psychotherapy or to otherwise expand

such licensee's scope of practice beyond what is authorized by this

chapter.

2. Treatment may be rendered by a licensed occupational therapist for

ten visits, or thirty days, whichever shall occur first, without a

referral from a physician or nurse practitioner provided that:

(a) the licensed occupational therapist has practiced occupational

therapy on a full time basis equivalent to not less than three years;

and

(b) each occupational therapist licensed pursuant to this article

shall provide written notice to each patient receiving treatment absent

a referral from a physician or nurse practitioner that occupational

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 occupational 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

occupational therapist and the patient in such form as prescribed

pursuant to regulations promulgated by the commissioner.