Regulates occupational therapy assistants; adds one licensed occupational therapy assistant to the state board for occupational therapy; establishes license requirements and exceptions.
TITLE OF BILL: An act to amend the education law, in relation to occupational therapy assistants, the state board for occupational therapy, license requirements, and exceptions; and repealing certain provisions of such law relating thereto
PURPOSE: Codifies a definition and provides a procedure for the licensure of occupational therapy assistants; gives occupational therapy assistants representation on the Board of Occupational Therapy.
SUMMARY OF PROVISIONS:
Section 1. Adds a new section, 7902-a to the Education Law to provide a definition for the title "Occupational Therapy Assistant".
Section 2. Amends section 7903 of the Education Law to allow for one licensed occupational therapy assistant to serve on the State Board for Occupational Therapy and decreases the number of licensed occupational therapists on the Board from seven to six.
Section 3. Adds a new section, 7904-a to the Education Law to provide for the procedure of obtaining an occupational therapy license.
JUSTIFICATION: Currently, occupational therapy assistants must meet certain requirements to become authorized to practice by the Department of Health; yet they have no representation on the State Board of Occupational Therapy. According to Department of Health regulations, occupational therapy assistants must pay a fee to the Department every three years for this authorization, like occupational therapists. However, unlike occupational therapist, occupational therapy assistants receive no license for their fee to the Department. Since occupational therapy assistants must pay a fee to the Department and are required to abide by the decisions of the Board, they should be entitled to fair representation. This bill codifies the definition of occupational therapy assistant, allows occupational therapy assistants to serve on the State Board and sets forth the procedure for obtaining an occupational therapy assistant license.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 4024 A. 5664 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y March 5, 2013 ___________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 IN ASSEMBLY -- Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to occupational therapy assistants, the state board for occupational therapy, license require- ments, and exceptions; and repealing certain provisions of such law relating thereto 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 7902-a to read as follows: S 7902-A. PRACTICE OF OCCUPATIONAL THERAPY ASSISTANT AND USE OF THE TITLE "OCCUPATIONAL THERAPY ASSISTANT." ONLY A PERSON LICENSED OR OTHER- WISE AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN THE PRACTICE OF OCCUPATIONAL THERAPY AS AN OCCUPATIONAL THERAPY ASSISTANT OR USE THE TITLE "OCCUPATIONAL THERAPY ASSISTANT." PRACTICE AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL INCLUDE THE PROVIDING OF OCCUPATIONAL THERAPY AND CLIENT RELATED SERVICES UNDER THE DIRECTION AND SUPERVISION OF AN OCCUPATIONAL THERAPIST OR LICENSED PHYSICIAN. S 2. Section 7903 of the education law, as amended by chapter 460 of the laws of 2011, is amended to read as follows: S 7903. State board for occupational therapy. A state board for occu- pational therapy shall be appointed by the board of regents on the recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than
[seven]SIX licensed occupational therapists, ONE LICENSED OCCUPATIONALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09043-03-3 S. 4024 2 A. 5664
THERAPY ASSISTANT, one physician, and two members of the public who are not licensed under this title. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commis- sioner. S 3. The education law is amended by adding a new section 7904-a to read as follows: S 7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY ASSIST- ANT. TO QUALIFY FOR A LICENSE AS AN OCCUPATIONAL THERAPY ASSISTANT AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: (A) FILE AN APPLICATION WITH THE DEPARTMENT; (B) HAVE RECEIVED AN EDUCATION AS FOLLOWS: COMPLETION OF A TWO-YEAR ASSOCIATE DEGREE PROGRAM FOR OCCUPATIONAL THERAPY ASSISTANTS REGISTERED BY THE DEPARTMENT OR ACCREDITED BY A NATIONAL ACCREDITATION AGENCY WHICH IS SATISFACTORY TO THE DEPARTMENT; (C) HAVE A MINIMUM OF SIXTEEN WEEKS CLINICAL EXPERIENCE SATISFACTORY TO THE STATE BOARD FOR OCCUPATIONAL THERAPY AND IN ACCORDANCE WITH STAN- DARDS ESTABLISHED BY A NATIONAL ACCREDITATION AGENCY WHICH IS SATISFAC- TORY TO THE DEPARTMENT; (D) BE AT LEAST EIGHTEEN YEARS OF AGE; (E) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; (F) REGISTER TRIENNIALLY WITH THE DEPARTMENT; (G) PAY A FEE FOR AN INITIAL LICENSE AND A FEE FOR EACH TRIENNIAL REGISTRATION PERIOD THAT SHALL BE ONE-HALF OF THE FEE FOR INITIAL LICENSE AND FOR EACH TRIENNIAL REGISTRATION PERIOD ESTABLISHED FOR OCCU- PATIONAL THERAPISTS; AND (H) EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION TWO OF SECTION SEVEN- TY-NINE HUNDRED SEVEN OF THIS ARTICLE, PASS AN EXAMINATION ACCEPTABLE TO THE DEPARTMENT. S 4. Subdivision 4 of section 7906 of the education law, as amended by chapter 329 of the laws of 2012, is amended to read as follows: (4) An occupational therapy assistant student from engaging in clin- ical practice under the direction and supervision of an occupational therapist or an occupational therapy assistant
[who has obtained author- ization pursuant to subdivision seven of this section, and]who is under the supervision of an occupational therapist, as part of [an]A LICENSED accredited occupational therapy assistant program, as defined by the commissioner and in accordance with the commissioner's regulations. S 5. Subdivision 7 of section 7906 of the education law is REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8. S 6. Subdivision 2 of section 7907 of the education law, as added by chapter 460 of the laws of 2011, is amended to read as follows: (2) A person who on the effective date of [the]chapter FOUR HUNDRED SIXTY of the laws of two thousand eleven which added this subdivision has a current registration with the department as an occupational thera- py assistant, if such person meets the requirements for [an authori- zation]A LICENSE established within this article, except for examina- tion, the department shall issue [an authorization]A LICENSE without examination. S 7. This act shall take effect immediately.