§ 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.