Can a specialist bill a 91836 as their first billing in a private practice setting?

Context

The specialist had received a referral from another respiratory physician to perform a bronchoscopy on a patient. The specialist called the patient to discuss the procedure, make them aware of the risks and what could be done as part of the procedure i.e. a biopsy. The patient was given the opportunity to ask any questions they had about the procedure and the costs were explained. The phone consultation was documented in the patient’s record. No previous billings for the patient with the referral have been made yet

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