§ 7901. Definition. 1. The practice of the profession of occupational\ntherapy is defined as the functional evaluation of the client, the\nplanning and utilization of a program of purposeful activities, the\ndevelopment and utilization of a treatment program, and/or consultation\nwith the client, family, caregiver or organization in order to restore,\ndevelop or maintain adaptive skills, and/or performance abilities\ndesigned to achieve maximal physical, cognitive and mental functioning\nof the client associated with his or her activities of daily living and\ndaily life tasks. A treatment program designed to restore function,\nshall be rendered on the prescription or referral of a physician, nurse\npractitioner or other health care provider acting within his or her\nscope of practice pursuant to this title, except as provided for in\nsubdivision two of this section. However, nothing contained in this\narticle shall be construed to permit any licensee hereunder to practice\nmedicine or psychology, including psychotherapy or to otherwise expand\nsuch licensee's scope of practice beyond what is authorized by this\nchapter.\n 2. Treatment may be rendered by a licensed occupational therapist for\nten visits, or thirty days, whichever shall occur first, without a\nreferral from a physician or nurse practitioner provided that:\n (a) the licensed occupational therapist has practiced occupational\ntherapy on a full time basis equivalent to not less than three years;\nand\n (b) each occupational therapist licensed pursuant to this article\nshall provide written notice to each patient receiving treatment absent\na referral from a physician or nurse practitioner that occupational\ntherapy may not be covered by the patient's health care plan or insurer\nwithout such a referral and that such treatment may be a covered expense\nif rendered pursuant to a referral. The occupational therapist shall\nkeep on file with the patient's records a form attesting to the\npatient's notice of such advice. Such form shall be in duplicate, with\none copy to be retained by the patient, signed and dated by both the\noccupational therapist and the patient in such form as prescribed\npursuant to regulations promulgated by the commissioner.\n
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