Relates to the profession of occupational therapy.
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.
STATE OF NEW YORK ________________________________________________________________________ 7175 IN 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.