Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Definitions. The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise:
(1)
Appliances or
devices-Gas, oxygen, therapy equipment, therapeutic equipment,
instruments, syringes and their component parts or accessories, hearing aids,
eyeglasses, contact lenses, prosthetic devices, orthotics, crutches and
cervical collars.
(2)
Disclose to the patient-The physical therapist makes known to
the patient at the time a referral is made that the physical therapist has a
financial or ownership interest in the facility or entity to which the patient
is referred. The physical therapist shall also inform the patient of the
patient's freedom to choose an alternate provider.
(3)
Facility or
entity-Another practitioner of the healing arts, licensed health care
practitioner, partnership, association, group practice, business corporation
and professional corporation not on the premises of the physical
therapist.
(4)
Financial
interest of the physical therapist or ownership by the physical therapist in
the facility or entity-A financial or ownership interest to any extent
or degree including interest held by the physical therapist, the therapist's
spouse or minor children. The term does not include employment by a hospital if
the remuneration paid to the physical therapist is not contingent upon the
therapist's referral of patients to hospital-related services.
(5)
Health-related
services-Radiologic services, physical therapy, occupational therapy,
counseling, laboratory services and nursing home care.
(6)
Pharmaceutical-A drug or
pharmacy.
(7)
Practitioner
of the healing arts-A physical therapist.
(8)
Referral-The act of
prescribing, ordering, directing, redirecting or recommending to a patient a
specific facility or entity which provides a health-related service, test,
pharmaceutical, appliance or device, by means of prescription, recomended
course of treatment, or direction concerning diagnostic or therapeutic
treatment of services.
(9)
Test-Laboratory work, radiologic tests, nuclear medicine
scanning and other laboratory services.
(b)
Use of patient disclosure
forms.
(1) It is the physical
therapist's responsibility to disclose to the patient a financial or ownership
interest when making a referral covered by the act of May 26, 1988 (P. L. 403,
No. 66) (35 P. S. §§ 449.21-449.23). The Board believes that
meaningful disclosure shall be given to each patient at the time a referral is
made. The disclosure may be made orally or in writing. In either event, it is
recommended that the disclosure be memorialized, dated and signed at the time
of referral by the physical therapist and the patient, and that the physical
therapist maintain written evidence of the disclosure. If the physical
therapist delegates the disclosure to another person in the therapist's office,
the disclosure shall be memorialized, dated and signed by the person making the
disclosure and the patient.
(2) The
memorialization of the disclosure shall be substantially in the following form:
I ACKNOWLEDGE THAT I HAVE BEEN ADVISED BY MY PHYSICAL
THERAPIST THAT HE HAS A FINANCIAL OR OWNERSHIP INTEREST IN THE FACILITY OR
ENTITY TO WHICH HE HAS REFERRED ME, AND THAT HE HAS ADVISED ME THAT I AM FREE
TO CHOOSE ANOTHER FACILITY OR ENTITY TO PROVIDE THE SERVICE, DRUG, DEVICE OR
EQUIPMENT.
(3) Written
evidence shall constitute presumptive evidence that the physical therapist made
the required disclosure in an enforcement proceeding before the Board. The
disclosure to the patient is not the act of the patient signing the form, but
is the act of the physical therapist disclosing to the patient the therapist's
financial or ownership interest and advising the patient of the patient's
freedom of choice.
(c)
Guidelines for disclosure. If the patient is a minor,
unconscious, of unsound mind, or otherwise incompetent to understand freedom of
choice in the selection of a facility or entity, disclosure shall be made to
the guardian, spouse or closest adult next of kin. A physical therapist may not
disclose his interest unless the patient is competent to understand his freedom
of choice. A physical therapist will not be disciplined for failure to disclose
if an emergency prevents consulting the patient or the patient's next of
kin.
(d)
Posting notice of
disclosure requirement. It is recommended that compliance with the
disclosure requirement include the prominent posting of a printed notice, at
least 8 1/2" x 11" in the physical therapist's waiting room in all office
locations, substantially in the following form:
TREATMENT IN THIS OFFICE MAY INCLUDE A RECOMMENDATION
FOR FURTHER DIAGNOSTIC TESTING, FOR VARIOUS FORMS OF THERAPY OR TREATMENT, OR
FOR DRUGS OR DEVICES. PENNSYLVANIA LAW REQUIRES YOUR PHYSICAL THERAPIST TO
DISCLOSE TO YOU ANY FINANCIAL INTEREST HE HAS IN TREATMENT FACILITIES, TESTING
LABORATORIES, MEDICAL EQUIPMENT SUPPLIES, PHARMACEUTICAL COMPANIES AND
PHARMACIES TO WHICH HE REFERS YOU. HE MUST ALSO ADVISE YOU THAT YOU ARE FREE TO
CHOOSE ANOTHER FACILITY OR ENTITY TO PROVIDE THE SERVICE, DRUG, DEVICE OR
EQUIPMENT. (ACT 66-1988)
