Bill Text: NY S02911 | 2011-2012 | General Assembly | Amended
Bill Title: Defines occupational therapy assistant and provides requirements for authorization as an occupational therapy assistant.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-08-17 - SIGNED CHAP.460 [S02911 Detail]
Download: New_York-2011-S02911-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2911--A
Cal. No. 127
2011-2012 Regular Sessions
I N S E N A T E
February 3, 2011
___________
Introduced by Sens. LAVALLE, ADDABBO, OPPENHEIMER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Higher Education -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the education law, in relation to the profession of
occupational therapy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 156 of title 8 of the education law, as added by
2 chapter 779 of the laws of 1975, section 7901 as amended by chapter 146
3 of the laws of 1993, section 7903 as amended by chapter 326 of the laws
4 of 1977, subdivision 2 of section 7904 as amended by chapter 161 of the
5 laws of 1978, subdivision 8 of section 7904, subdivision 4 of section
6 7905 and subdivision 6 of section 7906 as amended by chapter 62 of the
7 laws of 1989, paragraph (a) of subdivision 1 of section 7905 as amended
8 by chapter 396 of the laws of 1977 and subdivision 2 of section 7905 as
9 amended by chapter 173 of the laws of 1992, is amended to read as
10 follows:
11 ARTICLE 156
12 OCCUPATIONAL THERAPY
13 Section 7900. Introduction.
14 7901. Definition.
15 7902. Practice of occupational therapy and use of title "occupa-
16 tional therapist".
17 7903. State board for occupational therapy.
18 7904. Requirements for a professional license.
19 7905. Limited permits.
20 7906. Exempt persons.
21 7907. Special conditions.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06142-02-1
S. 2911--A 2
1 S 7900. Introduction. This article applies to the profession of occu-
2 pational therapy. The general provisions for all professions contained
3 in article one hundred thirty of this title apply to this article.
4 S 7901. Definition. The practice of the profession of occupational
5 therapy is defined as the functional evaluation of the client [and], the
6 planning and utilization of a program of purposeful activities [to], THE
7 DEVELOPMENT AND UTILIZATION OF A TREATMENT PROGRAM, AND/OR CONSULTATION
8 WITH THE CLIENT, FAMILY, CAREGIVER OR ORGANIZATION IN ORDER TO RESTORE,
9 develop or maintain adaptive skills, AND/OR PERFORMANCE ABILITIES
10 designed to achieve maximal physical, COGNITIVE and mental functioning
11 of the [patient in] CLIENT ASSOCIATED WITH his or her ACTIVITIES OF
12 DAILY LIVING AND daily life tasks. [Such] A treatment program DESIGNED
13 TO RESTORE FUNCTION, shall be rendered on the prescription or referral
14 of a physician [or], nurse practitioner OR OTHER HEALTH CARE PROVIDER
15 ACTING WITHIN HIS OR HER SCOPE OF PRACTICE PURSUANT TO THIS TITLE.
16 However, nothing contained in this article shall be construed to permit
17 any licensee hereunder to practice medicine or psychology, including
18 psychotherapy OR TO OTHERWISE EXPAND SUCH LICENSEE'S SCOPE OF PRACTICE
19 BEYOND WHAT IS AUTHORIZED BY THIS CHAPTER.
20 S 7902. Practice of occupational therapy and use of title "occupa-
21 tional therapist". Only a person licensed or otherwise authorized to
22 practice under this article shall practice occupational therapy or use
23 the title "occupational therapist".
24 S 7903. State board for occupational therapy. A state board for occu-
25 pational therapy shall be appointed by the board of regents on the
26 recommendation of the commissioner for the purpose of assisting the
27 board of regents and the department on matters of professional licensing
28 and professional conduct in accordance with section sixty-five hundred
29 eight of this title. The board shall be composed of not less than seven
30 licensed occupational therapists, [and two additional members who shall
31 include] one physician [and one member who is primarily and actively
32 engaged in hospital administration. Members of the first board, who are
33 occupational therapists, need not be licensed prior to their appointment
34 to the board], AND TWO MEMBERS OF THE PUBLIC WHO ARE NOT LICENSED UNDER
35 THIS TITLE. An executive secretary to the board shall be appointed by
36 the board of regents on recommendation of the commissioner.
37 S 7904. Requirements for a professional license. To qualify for a
38 license as an occupational therapist, an applicant shall fulfill the
39 following requirements:
40 (1) File an application with the department.
41 (2) Have satisfactorily completed an approved occupational therapy
42 curriculum in a baccalaureate or masters program, or a certificate
43 program satisfactory to the department which is substantially equivalent
44 to a baccalaureate degree program, in accordance with the [commissioner
45 of education's] COMMISSIONER'S regulations.
46 (3) Have a minimum of six months of supervised occupational therapy
47 experience which supervision and experience shall be satisfactory to the
48 board of occupational therapy and in accordance with the commissioner's
49 regulations.
50 (4) Pass an examination satisfactory to the board of occupational
51 therapy and in accordance with the commissioner's regulations.
52 (5) Be at least twenty-one years of age.
53 (6) Meet no requirements as to United States citizenship.
54 (7) Be of good moral character as determined by the department.
55 (8) [Fees: pay] PAY a fee of one hundred forty dollars to the depart-
56 ment for admission to a department conducted examination and for an
S. 2911--A 3
1 initial license, a fee of seventy dollars for each re-examination, a fee
2 of one hundred fifteen dollars for an initial license for persons not
3 requiring admission to a department conducted examination, and a fee of
4 one hundred fifty-five dollars for each triennial registration period.
5 S 7905. Limited permits. Permits limited as to eligibility, practice,
6 and duration, shall be issued by the department to eligible applicants,
7 as follows:
8 (1) The following persons shall be eligible for a limited permit:
9 (a) An occupational therapist who has graduated from an occupational
10 therapy curriculum with a baccalaureate degree or certificate in occupa-
11 tional therapy which is substantially equivalent to a baccalaureate
12 degree satisfactory to the board of occupational therapy and in accord-
13 ance with the commissioner's regulations; or
14 (b) A foreign occupational therapist who is in this country on a non-
15 immigration visa for the continuation of occupational therapy study,
16 pursuant to the exchange student program of the United States Department
17 of State.
18 (2) A LIMITED permittee shall be authorized to practice occupational
19 therapy only under the DIRECT supervision of a licensed occupational
20 therapist or a licensed physician and shall practice only in a public,
21 voluntary, or proprietary hospital, health care agency or in a preschool
22 or an elementary or secondary school for the purpose of providing occu-
23 pational therapy as a related service for a handicapped child.
24 FOR PURPOSES OF THIS SUBDIVISION, SUPERVISION OF AN INDIVIDUAL WITH A
25 LIMITED PERMIT TO PRACTICE OCCUPATIONAL THERAPY ISSUED BY THE DEPARTMENT
26 SHALL BE DIRECT SUPERVISION AS DEFINED BY THE COMMISSIONER'S REGU-
27 LATIONS.
28 (3) A limited permit shall be valid for one year. It may be renewed
29 once for a period not to exceed one additional year, at the discretion
30 of the department, upon the submission of an explanation satisfactory to
31 the department for an applicant's failure to become licensed within the
32 original one-year period. [A limited permit shall become null and void
33 if and when the holder thereof fails to pass a licensing examination.]
34 (4) The fee for a limited permit shall be seventy dollars.
35 S 7906. Exempt persons. This article shall not be construed to affect
36 or prevent the following, provided that no title, sign, card or device
37 shall be used in such manner as to tend to convey the impression that
38 the person rendering such service is a licensed occupational therapist:
39 (1) A licensed physician from practicing his OR HER profession as
40 defined under article one hundred thirty-one and article one hundred
41 [thirty-one-A, as added by chapter eleven hundred thirty-five of the
42 laws of nineteen hundred seventy-one, respectively] THIRTY-ONE-B OF THIS
43 TITLE.
44 (2) Qualified members of other licensed or legally recognized
45 professions from performing work incidental to the practice of their
46 profession, except that such persons may not hold themselves out under
47 the title occupational therapist or as performing occupational therapy.
48 (3) A student from engaging in clinical practice as part of an accred-
49 ited program in occupational therapy, pursuant to subdivision three of
50 section seventy-nine hundred four of this article.
51 (4) AN OCCUPATIONAL THERAPY ASSISTANT STUDENT FROM ENGAGING IN CLIN-
52 ICAL PRACTICE UNDER THE DIRECT SUPERVISION OF AN OCCUPATIONAL THERAPIST
53 AS PART OF AN ACCREDITED OCCUPATIONAL THERAPY ASSISTANT PROGRAM, AS
54 DEFINED BY THE COMMISSIONER AND IN ACCORDANCE WITH THE COMMISSIONER'S
55 REGULATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION,
56 AN OCCUPATIONAL THERAPY ASSISTANT STUDENT SHALL BE PERMITTED TO WORK
S. 2911--A 4
1 WITH AN OCCUPATIONAL THERAPY ASSISTANT, WHO HAS OBTAINED AUTHORIZATION
2 PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, UNDER THE DIRECT SUPER-
3 VISION OF AN OCCUPATIONAL THERAPIST.
4 (5) The care of the sick by any person, provided such person is
5 employed primarily in a domestic capacity. This shall not authorize the
6 treatment of patients in a home care service of any hospital, clinic,
7 institution or agency.
8 [(5)] (6) An employee of a federal agency from using the title [of] OR
9 practicing as an occupational therapist insofar as such activities are
10 required by his salaried position and the use of such title shall be
11 limited to such employment.
12 [(6) The following people from working under the direct supervision of
13 a licensed occupational therapist or a licensed physician:
14 Occupational therapy assistants certified by the commissioner as
15 having successfully completed a program for occupational therapy assist-
16 ants in accordance with the commissioner's regulations. However, in the
17 case of those working under a licensed physician such exemption shall
18 apply only in a public, voluntary or proprietary hospital or health or
19 home care agency. All such certified occupational therapy assistants
20 shall register with the education department in accordance with regu-
21 lations of the commissioner. The fee for such certification shall be
22 forty-five dollars. The registration fee shall be fifty dollars for each
23 triennial registration period.]
24 (7) OCCUPATIONAL THERAPY ASSISTANTS, AS DEFINED BY THE COMMISSIONER,
25 AUTHORIZED BY THE DEPARTMENT, AND UNDER THE DIRECTION AND SUPERVISION OF
26 A LICENSED OCCUPATIONAL THERAPIST OR A LICENSED PHYSICIAN. IN THE CASE
27 OF THOSE WORKING UNDER A LICENSED PHYSICIAN SUCH EXEMPTION SHALL APPLY
28 ONLY IN A PUBLIC, VOLUNTARY OR PROPRIETARY HOSPITAL OR HEALTH OR HOME
29 CARE AGENCY. SUCH AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO HAVE
30 MET STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXPERIENCE, EXAM-
31 INATION AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMISSION-
32 ER. SUCH AUTHORIZATION SHALL BE SUBJECT TO FULL DISCIPLINARY AND REGULA-
33 TORY AUTHORITY OF THE BOARD OF REGENTS AND THE STATE EDUCATION
34 DEPARTMENT, PURSUANT TO THIS TITLE, AS IF SUCH AUTHORIZATION WERE A
35 PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE. THE APPLICATION FEE FOR
36 SUCH AUTHORIZATION SHALL BE ESTABLISHED IN REGULATION BY THE BOARD OF
37 REGENTS. EACH AUTHORIZED OCCUPATIONAL THERAPY ASSISTANT SHALL REGISTER
38 WITH THE DEPARTMENT EVERY THREE YEARS AND SHALL PAY A REGISTRATION FEE
39 ESTABLISHED IN REGULATION BY THE BOARD OF REGENTS.
40 (8) The following people from working under the direct supervision of
41 a licensed occupational therapist:
42 An individual employed by the state or municipal government at the
43 effective date of this [act] ARTICLE who performs supportive services in
44 occupational therapy solely for the time such person continues in that
45 employment.
46 [(8)] (9) Any occupational therapist who is licensed in another state,
47 United States possession or country or who has received at least a
48 baccalaureate degree or its equivalent in occupational therapy and who
49 is either in this state for the purposes of (a) consultation, provided
50 such practice is limited to such consultation; or (b) an occupational
51 therapist authorized to practice in another state or country from
52 conducting a teaching clinical demonstration in connection with a
53 program of basic clinical education, graduate education or post graduate
54 education in an approved school of occupational therapy or its affil-
55 iated clinical facility or health care agency or before a group of
56 licensed occupational therapists; or (c) because he OR SHE resides near
S. 2911--A 5
1 a border of this state, provided such practice is limited in this state
2 to the vicinity of such border and said occupational therapist does not
3 maintain an office or place to meet patients or receive calls in this
4 state.
5 S 7907. Special conditions. (1) A person who on the effective date of
6 this [act] ARTICLE:
7 [(1)] (A) submits evidence of a minimum of three years experience with
8 training satisfactory to the board in occupational therapy and in
9 accordance with the regulations of the commissioner; or
10 [(2)] (B) a baccalaureate degree or its equivalent in occupational
11 therapy, shall be licensed upon the filing of an application with the
12 department [of education] within six months of the effective date of
13 this [act] ARTICLE.
14 (2) A PERSON WHO ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
15 TWO THOUSAND ELEVEN WHICH ADDED THIS SUBDIVISION HAS A CURRENT REGISTRA-
16 TION WITH THE DEPARTMENT AS AN OCCUPATIONAL THERAPY ASSISTANT, IF SUCH
17 PERSON MEETS THE REQUIREMENTS FOR AN AUTHORIZATION ESTABLISHED WITHIN
18 THIS ARTICLE, EXCEPT FOR EXAMINATION, THE DEPARTMENT SHALL ISSUE AN
19 AUTHORIZATION WITHOUT EXAMINATION.
20 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
21 sion, section or part contained in any part of this act shall be
22 adjudged by any court of competent jurisdiction to be invalid, such
23 judgment shall not affect, impair, or invalidate the remainder thereof,
24 but shall be confined in its operation to the clause, sentence, para-
25 graph, subdivision, section or part contained in any part thereof
26 directly involved in the controversy in which such judgment shall have
27 been rendered. It is hereby declared to be the intent of the legislature
28 that this act would have been enacted even if such invalid provisions
29 had not been included herein.
30 S 3. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law; provided, however, the commissioner of
32 education and the board of regents are authorized, prior to such effec-
33 tive date, to promulgate such rules and regulations as may be necessary
34 for the timely implementation of this act.
