§ 40.61. Certificate of authorization to practice physical therapy without a referral.

 (a)  An applicant for certification of authorization to practice physical therapy without the referral of a licensed physician shall submit evidence satisfactory to the Board, on forms supplied by the Board, that the applicant has met the following requirements:

   (1)  Holds a current license to practice physical therapy in this Commonwealth.

   (2)  Has done one of the following:

     (i)   Passed the National Physical Therapy Examination (NPTE) after January 1, 1990.

     (ii)   Passed the NPTE prior to January 1, 1990 and successfully completed, within 2 years prior to application, a Board approved course consisting of at least 10 hours on the appropriate evaluative and screening procedures to determine the need for further examination or consultation by a physician, dentist or podiatrist prior to initiating treatment without a referral. The Board will maintain a list of currently approved courses.

   (3)  Has done one of the following:

     (i)   Practiced physical therapy in the delivery of patient care on a continuous basis for at least 2 years immediately preceding the application for certificate of authorization.

     (ii)   Been licensed by endorsement and practiced physical therapy in the delivery of patient care as a licensed physical therapist in the other state on a continuous basis for at least 2 years immediately preceding the application for certificate of authorization.

     (iii)   Provided proof of meeting these practice requirements through any combination of subparagraphs (i) and (ii).

     (iv)   For purposes of this section, ‘‘practice of physical therapy on a continuous basis’’ is defined as a minimum of 200 hours each year in the delivery of direct patient care.

   (4)  Has obtained professional liability insurance under the requirements of §  40.62 (relating to liability insurance).

 (b)  A certificateholder shall display the certificate of authorization in a manner conspicuous to the public.

 (c)  A certificateholder may not delegate the care of a patient being treated without a referral to a physical therapist who is not a certificateholder.

 (d)  A certificateholder shall refer patients to a licensed physician or other appropriate health care practitioner in the following cases:

   (1)  Cases where symptoms are present for which physical therapy is a contraindication.

   (2)  Cases for which treatment is outside the scope of practice of physical therapy.

   (3)  Cases for which treatment is beyond the education, expertise or experience of the physical therapist.

 (e)  A certificateholder may treat a person without a referral as provided in this chapter for up to 30 calendar days from the date of the first treatment. A physical therapist may not treat a person beyond 30 days from the date of the first treatment unless the person has obtained a referral from a licensed physician, dentist or podiatrist. The date of the first treatment for purposes of this subsection is the date the person is treated by any physical therapist treating without a referral.

 (f)  A certificateholder may not treat a condition in any person which is a nonneurologic, nonmuscular or nonskeletal condition or treat a person who has an acute cardiac or acute pulmonary condition unless the certificateholder has consulted with the person’s licensed physician, dentist or podiatrist regarding the person’s condition and the physical therapy treatment plan or has referred the person to a licensed physician, dentist or podiatrist for diagnosis and referral.

   The provisions of this §  40.61 issued under section 3 of the Physical Therapy Practice Act (63 P. S. §  1303); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

   The provisions of this §  40.61 adopted July 16, 2004, effective July 17, 2004, 34 Pa.B. 3700.