Same as: A10118-2011 / Versions: S7175-2011

Print HTML Page / Print Original Bill Format / / Read or Leave Comments

S7175-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A10118
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1093
• May 1, 2012: REFERRED TO HIGHER EDUCATION

S7175-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7175-2011 Votes

S7175-2011 Memo

BILL NUMBER:S7175

TITLE OF BILL:
An act
to amend the education law, in relation to the profession of
occupational therapy

PURPOSE:
The bill amends
Article 156 of Title VIII of the education law, regarding
occupational therapy.
The licensing and regulation of occupational therapy practice was
established in 1975.

SUMMARY OF PROVISIONS:
Section 1 amends article 156 of the education law as follows:

Section 7905 is amended to allow an individual with a limited permit
to practice as an occupational therapy assistant for a full year,
under direct supervision, while attempting to pass the licensure exam.

Section 7906 is amended regarding the exemption for students training
to become an occupational therapy assistant, to practice occupational
therapy under the direction and supervision of an occupational
therapy assistant who is authorized to practice in the state, and who
is also under the supervision of a licensed occupational therapist.

Section 4 provides for severability.

Section 5 provides an effective date of ninety days.

JUSTIFICATION:
The practice of the occupational therapy assistant has been authorized
through the exemption section 7906, as well as by standards developed
by the commissioner, including education, examination and character.
These standards now include the requirement that in order to practice
as an occupational therapy assistant the individual must pass an
examination approved by the department. This legislation would allow
that individual to receive a limited permit to practice.

Section 7906 is amended regarding the exemption for students training
to become an occupational therapy assistant to allow an occupational
therapy assistant to supervise that student, while the occupational
therapy assistant is under the supervision of an occupational
therapist. Occupational therapy assistants have been utilized in the
profession as supervisors of occupational therapy assistant students,
as part of the student's education and training. The use of
occupational therapy assistants provides much needed clinical
supervision sites for the educational programs in this State. The
occupational therapy assistant as a supervisor provides valuable
feedback, role-modeling and instruction to the student about the
practice of an occupational therapy assistant.

LEGISLATIVE HISTORY:
New legislation.


FISCAL IMPLICATION:
Licensure fees collected by the State Education
Department support the regulation of these professionals.

EFFECTIVE DATE:
Ninety days after it shall become law.

S7175-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7175
 I N  SENATE
 May 1, 2012
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 

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:

 

Section 1. Subdivision 1 of section  7905  of  the  education  law  is
 amended by adding a new paragraph (c) to read as follows:

 (C)  AN  OCCUPATIONAL  THERAPY  ASSISTANT  WHO  HAS  GRADUATED FROM AN
 ACCREDITED OCCUPATIONAL THERAPY ASSISTANT CURRICULUM WITH AN ASSOCIATE'S
 DEGREE SATISFACTORY TO THE BOARD OF OCCUPATIONAL THERAPY AND IN  ACCORD
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
 

S  2.  The  opening  paragraph of subdivision 2 of section 7905 of the
 education law, as amended by chapter 460 of the laws of 2011, is amended
 to read as follows:

 A limited permittee shall be authorized to practice occupational ther
 apy, OR IN THE CASE OF A LIMITED PERMIT ISSUED PURSUANT TO PARAGRAPH (C)
 OF SUBDIVISION ONE OF THIS SECTION, PRACTICE UNDER THE EXEMPTION  ESTAB
 LISHED PURSUANT TO SUBDIVISION SEVEN OF SECTION SEVENTY-NINE HUNDRED SIX
 OF THIS ARTICLE, only under the direct supervision of a licensed occupa
 tional  therapist  or  a licensed physician and shall practice only in a
 public, voluntary, or proprietary hospital, health care agency or  in  a
 preschool  or  an  elementary  or  secondary  school  for the purpose of
 providing occupational therapy as a related service  for  a  handicapped
 child.
 

S 3. Subdivision 4 of section 7906 of the education law, as amended by
 chapter 460 of the laws of 2011, is amended to read as follows:

 (4)  An  occupational therapy assistant student from engaging in clin
 ical practice under the [direct] DIRECTION AND supervision of an occupa
 tional therapist OR AN OCCUPATIONAL THERAPY ASSISTANT WHO  HAS  OBTAINED
 AUTHORIZATION  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND WHO IS
 UNDER THE SUPERVISION OF  AN  OCCUPATIONAL  THERAPIST,  as  part  of  an
 accredited  occupational  therapy  assistant  program, as defined by the
 commissioner and in  accordance  with  the  commissioner's  regulations.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15620-01-2
 
       S. 7175                             2
 [Notwithstanding  anything  to  the contrary in this section, an occupa-
 tional therapy assistant student shall be  permitted  to  work  with  an
 occupational  therapy assistant, who has obtained authorization pursuant
 to subdivision seven of this section, under the direct supervision of an
 occupational therapist.]
 

S 4. Severability clause. If any clause, sentence, paragraph, subdivi
 sion,  section  or  part  contained  in  any  part  of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para
 graph,  subdivision,  section  or  part thereof directly involved in the
 controversy in which such judgment shall have been rendered. It is here
 by declared to be the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here
 in.
 

S 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law; provided, however, the commissioner of education and
 the board of regents are authorized, prior to such  effective  date,  to
 promulgate such rules and regulations as may be necessary for the timely
 implementation of this act.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!

blog comments powered by Disqus

The software and services provided under this site are offered under the BSD License and the GPL v3 License.