Defines occupational therapy assistant and provides requirements for a license as an occupational therapy assistant

7 Co-sponsors

• Suzi Oppenheimer
• Ruben Diaz
• Liz Krueger
• Thomas P. Morahan
• George Onorato
• Dale M. Volker
• Joseph P. Addabbo Jr.

BILL NUMBER:S4538A

Title of bill

An act to amend the education law, in relation to the profession of occupational therapy

Purpose or general idea of bill

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. At the time of initial licensure, occupational therapy was primarily a hospital, nursing home and psychiatric hospital based profession. Since that time, the profession has grown dramatically, especially in early intervention with developmental delays, and in special education and school-based practice. Occupational therapy is now a large rehabilitation profession providing services to all ages and in a wide variety of settings, including private practice.

Summary of specific provisions

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

Section 7901 amends the definition of occupational therapy to more accurately reflect current educational requirements and to clarify that occupational therapy practitioners may provide consultation on wellness and prevention services. Occupational therapy for non-medical conditions, as defined by commissioner's regulations, may be provided without a prescription or referral.

A new Section 7902-a is added to define an occupational therapy assistant and who may use the title. The section also defines the client related services that may be provided by an occupational therapy assistant.

A new Section 7902-b is added to require supervision of occupational therapy assistants by licensed occupational therapists

Section 7903 is amended to remove the hospital administrator from the state board and add an occupational therapy assistant and two public members who are not licensed under Title VIII.

A new section 7904-a is added to set forth the requirements for a license as an occupational therapy assistant.

Section 7905 is amended to allow an individual with a limited permit to practice as an occupational therapist or occupation therapy assistant for a full year, under direct supervision, ·while attempting to pass the licensure exam. At present, a limited permit becomes null and void when a permitee fails the licensing exam.

Section 7906 is amended to add an exemption to practice occupational therapy, under the direct supervision of a licensed occupational therapist, for students training to become an occupational therapy assistant.

Section 7907 is a grandfather clause for occupational therapy assistants with a current registration to become licensed without examination.

Justification

Occupational therapy is a natural source of wellness and prevention services since the profession encourages healthy engagement in activities that promote health and a fuller, more productive lifestyle. Occupational therapists currently provide consultation to clients, care-givers, family and organizations. Many occupational therapists have either pursued private practices in wellness and primary prevention services or integrated these interventions into their traditional rehabilitation practice. The State Education Department has established that an occupational therapist may perform an evaluation without a prescription or referral, but treatment may not begin until a prescription is obtained. This bill will allow for treatment of non-medical conditions, as defined by the commissioner of education, without the need for a prescription or referral.

Additionally, this bill proposes to license occupational therapy assistants. When occupational therapists were originally licensed, licensing practitioners with an associate's degree was not well recognized. Occupational therapy assistants are currently allowed to practice through an exemption in the law. By proposing to license occupational therapy assistants, these individuals will become more adequately regulated.

Prior legislative history

2005-06: A.3566/S.1084 Referred to Higher Education 2003-04: A.7104-A/S.6165-A Referred to Higher Education

Fiscal implications

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

Effective date

One hundred eighty days after it shall become law.