Establishes requirements for occupational therapists and occupational therapy assistants to complete continuing competency courses as part of their triennial license renewal; also provides for a mandatory continuing competency fee to be paid at the time of license renewal and which will be in addition to the triennial registration fee.

---

S2935B-2011 Actions

• Aug 17, 2012: APPROVAL MEMO.12
• Aug 17, 2012: SIGNED CHAP.444
• Aug 6, 2012: DELIVERED TO GOVERNOR
• Jun 21, 2012: returned to senate
• Jun 21, 2012: passed assembly
• Jun 21, 2012: ordered to third reading rules cal.561
• Jun 21, 2012: substituted for a4519b
• Jun 20, 2012: referred to ways and means
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1397
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 13, 2012: PRINT NUMBER 2935B
• Jun 13, 2012: AMEND AND RECOMMIT TO FINANCE
• May 1, 2012: REPORTED AND COMMITTED TO FINANCE
• Feb 3, 2012: PRINT NUMBER 2935A
• Feb 3, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Feb 3, 2011: REFERRED TO HIGHER EDUCATION

S2935B-2011 Meetings

Rules: Jun 21, 2012

S2935B-2011 Calendars

Floor Calendar: Jun 20, 2012

S2935B-2011 Votes

S2935B-2011 Memo

BILL NUMBER:S2935B

TITLE OF BILL:
An act
to amend the education law, in relation to mandatory continuing
competency requirements for occupational therapists and occupational
therapy assistants

PURPOSE OR GENERAL IDEA OF BILL:
To require all licensed occupational
therapists and occupational therapy assistants to complete 36 hours
of continuing competency every 3 years.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new section 7908 to
the education law to require occupational therapists and occupational
therapy assistants to complete 36 hours of continuing competency
every 3 years in order to qualify for re-registration.

JUSTIFICATION:
Initial education and clinical training in occupational
therapy provides occupational therapists and occupational therapy
assistants with the basic foundation of competency as a practitioner.
The field of occupational therapy,
as in most health care professions, became specialized in the second
half of the twentieth century. Today's occupational therapists
provide services in the areas of mental health, orthopedics,
neurology, neonatal intensive care, geriatrics, visually impaired,
ergonomics, special education, bums, cognitive rehabilitation and
others. Each one of these specialty areas requires skills sets that
are different from other specialty areas. The development of
competency in a selected specialty area is an ongoing process that
must proceed far beyond the entry level competence first achieved.
Furthermore, due to shifts in the health care market and career
opportunities, many practitioners in occupational therapy change
their specialty during their career. These changes require
occupational therapists and occupational therapy assistants to
actively pursue training and educational experiences to foster
further development of their competency.

PRIOR LEGISLATIVE HISTORY:
2009-10 A.4289/S.l618 Referred to Higher Education/ Reported
        to Senate Codes
2007-08 A.4819/S.2515 Referred to Higher Education
2005-06 A.5160/S.1388 Referred to Higher Education
2003-04 A.9888/S.6256 Referred to Higher Education

FISCAL IMPLICATIONS:
The fees associated with mandatory continuing
competency ($45 for occupational therapists and $25 for occupational
therapy assistants and $900 for sponsors of continuing education
programs) will support the State Education Department in enforcing
this new requirement.

EFFECTIVE DATE:
180 days after it shall have become law.

S2935B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 2935--B                                            A. 4519--B

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 3, 2011
                                 ___________

  IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
    ed, and when printed to be committed to the Committee on Higher Educa-
    tion -- recommitted to the Committee on Higher Education in accordance
    with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
    ordered reprinted as amended and  recommitted  to  said  committee  --
    reported  favorably from said committee and committed to the Committee
    on Finance -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER --  read  once
    and  referred  to  the Committee on Higher Education -- recommitted to
    the Committee on Higher Education in accordance with Assembly Rule  3,
    sec.  2  --  committee  discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee -- reported and referred  to
    the Committee on Ways and Means -- committee discharged, bill amended,
    ordered reprinted as amended and recommitted to said committee

  AN  ACT  to amend the education law, in relation to mandatory continuing
    competency requirements for occupational therapists  and  occupational
    therapy assistants

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The education law is amended by adding a new  section  7908
  to read as follows:

    S  7908. MANDATORY CONTINUING COMPETENCY. (1)(A) EACH LICENSED OCCUPA-
  TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER  THIS
  ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
  STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
  COMPETENCY  REQUIREMENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
  EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  OCCU-
  PATIONAL THERAPISTS AND  OCCUPATIONAL  THERAPY  ASSISTANTS  WHO  DO  NOT
  SATISFY  THE  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05809-04-2

 S. 2935--B                          2                         A. 4519--B

  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS,  AND  THEY
  HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL
  THERAPIST  OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING
  MET  SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION
  PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
    (B) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
  BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE
  TRIENNIAL REGISTRATION PERIOD DURING  WHICH  THEY  ARE  FIRST  LICENSED.
  ADJUSTMENT  TO  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE
  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF  THE  LICENSEE  WHERE
  CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
    (C)  A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSIST-
  ANT NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT,  SHALL  BE
  EXEMPT  FROM  THE  MANDATORY  CONTINUING COMPETENCY REQUIREMENT UPON THE
  FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
  LICENSEE  WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING THE
  TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
  TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
  CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
  ER.
    (2) (A) DURING EACH TRIENNIAL REGISTRATION  PERIOD  AN  APPLICANT  FOR
  REGISTRATION  AS  AN  OCCUPATIONAL THERAPIST SHALL COMPLETE A MINIMUM OF
  THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
  COMPETENCE,  AS  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
  FURTHER THAT AT LEAST TWENTY-FOUR HOURS  SHALL  BE  IN  AREAS  OF  STUDY
  PERTINENT  TO  THE  SCOPE  OF PRACTICE OF OCCUPATIONAL THERAPY. WITH THE
  EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN  DURING  THE  REGISTRATION
  PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
  UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
  TO A SUBSEQUENT TRIENNIUM.
    (B) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR  REGIS-
  TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
  THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
  COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION,  PROVIDED
  FURTHER  THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
  STUDY PERTINENT TO THE LICENSEE'S  PROFESSIONAL  SCOPE  OF  PRACTICE  OF
  OCCUPATIONAL  THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
  TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
  DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
  NIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
    (C) ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
  FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
  OCCURS  LESS  THAN  THREE YEARS FROM SUCH EFFECTIVE DATE BUT ON OR AFTER
  JANUARY FIRST, TWO THOUSAND THIRTEEN, SHALL COMPLETE  CONTINUING  COMPE-
  TENCY  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH
  FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN UP TO  THE
  FIRST REGISTRATION DATE.
    (D) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
  UING  COMPETENCY  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRA-
  TION CERTIFICATE BY THE DEPARTMENT AND SHALL  NOT  PRACTICE  UNLESS  AND
  UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
  IN SUBDIVISION THREE OF THIS SECTION.
    (3) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL  REGIS-
  TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY

 S. 2935--B                          3                         A. 4519--B

  REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
  AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
  ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
  YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
  FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
    (4)  AS  USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
  ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
  TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
  THE REGULATIONS OF THE  COMMISSIONER.  SUCH  LEARNING  ACTIVITIES  SHALL
  INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
  COURSES, SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL  MENTORING
  ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
  MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
  OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
  ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
  AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
  ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
  AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
  THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
  SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
    (5) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
  MAINTAIN  ADEQUATE  DOCUMENTATION  OF  COMPLETION OF (A) A LEARNING PLAN
  THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
  SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
  COMPETENCIES,  AND  (B) ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
  MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE  DEPART-
  MENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  THE  DISCIPLINARY
  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
    (6) THE  MANDATORY  CONTINUING  COMPETENCY  FEE  SHALL  BE  FORTY-FIVE
  DOLLARS  FOR OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPA-
  TIONAL THERAPY ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE  FIRST  DAY
  OF  EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO
  THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SEVENTY-NINE  HUNDRED
  FOUR OF THIS ARTICLE.
    (7) SPONSORS SEEKING TO OFFER LEARNING ACTIVITIES PURSUANT TO SUBDIVI-
  SION  FOUR  OF  THIS  SECTION  SHALL  SUBMIT  AN APPLICATION FEE OF NINE
  HUNDRED DOLLARS WITH ITS APPLICATION FOR THE ISSUANCE  OF  A  THREE-YEAR
  PERMIT  FROM  THE  DEPARTMENT TO BECOME AN APPROVED SPONSOR. APPLICATION
  FOR A THREE-YEAR RENEWAL OF THE PERMIT SHALL BE ACCOMPANIED BY A FEE  OF
  NINE HUNDRED DOLLARS.
    S 2. This act shall take effect on the one hundred eightieth day after
  it  shall  have  become  a  law;  provided, however, the commissioner of
  education and the board of regents are authorized, prior to such  effec-
  tive  date, to promulgate such rules and regulations as may be necessary
  for the timely implementation of this act.