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Sale of Products in a Physical Therapy Office

Disclaimer: Law, rules and regulations, not Guidelines, specify the requirements for practice and violating them constitutes professional misconduct. Not adhering to this Guideline may be interpreted as professional misconduct only if the conduct also violates pertinent law, rules and regulations.

Alert 22: Sale of Products in a Physical Therapy Office

The sale of products in a physical therapy office could be perceived to be inappropriate and could lead to charges of professional misconduct.

Any products sold in a PT practice should be directly related to the patient's physical therapy plan of care, e.g. lumbar/cervical rolls, crutches, canes, hot/cold packs, etc. Items like vitamins, dietary supplements, cleaning products etc., would not be considered part of the physical therapy plan of care.

Products should be sold for the convenience of the patient at prices no higher than market value and not for the sole purpose of profit. Patients should be informed that they may purchase the products elsewhere or through the PT practice and may return the product if found defective or unfit for the purpose for which it was intended. A return policy should be established by the clinic/entity.

The physical therapist should consider that the Rules of the Board of Regents, Part 29, Unprofessional Conduct, could be applied to the sale of products in the PT practice:

  • Part 29.1(b)(2): exercising undue influence on the patient or client, including the promotion of the sale of services, goods, appliances, or drugs in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party;
     
  • Part 29.1(b)(3): directly or indirectly offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient or client or in connection with the performance of professional services; and
     
  • Part 29.1(b)(4): permitting any person to share in the fees for professional services, other than: a partner, employee, associate in a professional firm or corporation, professional subcontractor or consultant authorized to practice the same profession, or a legally authorized trainee practicing under the supervision of a licensed practitioner. This prohibition shall include any arrangement or agreement whereby the amount received in payment for furnishing space, facilities, equipment or personnel services used by a professional licensee constitutes a percentage of, or is otherwise dependent upon, the income or receipts of the licensee from such practice, except as otherwise provided by law with respect to a facility licensed pursuant to Article 28 of the Public Health Law or Article 13 of the Mental Hygiene Law.