Section 40.69. Professional liability insurance

(a) Professional liability insurance requirements. As required under section 9.1(b)(4) of the act (63 P. S. § 1309.1(b)(4)), a licensed physical therapist shall maintain professional liability insurance in the minimum amount of $1 million per occurrence or claims made as a condition of practicing as a physical therapist in this Commonwealth. Coverage may be provided through:

(1) A self-insurance plan that meets the standards and procedures established by the Insurance Department in 31 Pa. Code Chapter 243 (relating to medical malpractice and health-related self-insurance plans).

(2) Personally purchased professional liability insurance.

(3) Professional liability insurance, coverage provided by the licensee’s employer.

(4) A similar type of coverage.

(b) Proof of professional liability insurance coverage. Proof of professional liability insurance coverage must include a certificate of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and dollar amounts of coverage. A license that was issued in reliance upon a letter from the applicant’s insurance carrier indicating that the applicant will be covered against professional liability effective upon the issuance of the applicant’s license as permitted under section 9.1(b)(4)(iii.2) of the act will become inactive as a matter of law 30 days after issuance of the license if the licensee has not provided proof of professional liability insurance coverage and will remain inactive until the licensee provides proof of insurance coverage.

(c) Disciplinary action. Failure to maintain insurance coverage as required will subject the licensee to disciplinary action under section 11(a)(6) of the act (63 P. S. § 1311(a)(6)) as provided in § 40.52(11) (relating to unprofessional conduct; physical therapists).

The provisions of this § 40.69 adopted December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652.

Notation

Authority

The provisions of this § 40.69 issued under 3(a) of the Physical Therapy Practice Act (63 P. S. § 1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Cross References

This section cited in 49 Pa. Code § 40.19 (relating to renewal of physical therapist license); and 49 Pa. Code § 40.61 (relating to certificate of authorization to practice physical therapy without a referral).