Defines occupational therapy assistant and provides requirements for authorization as an occupational therapy assistant

2 Co-sponsors

• Joseph P. Addabbo Jr.
• Suzi Oppenheimer

BILL NUMBER:S2911A

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. 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 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.

Section 7903 is amended to remove the hospital administrator from the state board and add 2 public members who are not licensed under Title VIII.

Section 7905 is amended to allow an individual with a limited permit to practice as an occupational therapist for a full year, under direct supervision, while attempting to pass the licensure 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. Additionally, a new subdivision 7 is added to authorize the Commissioner of Education to develop standards, including education, examination and character for occupational therapy assistant. Such authorization shall be subject to the full disciplinary and regulatory authority of the Regents and the Department.

Section 7907 is amended to add a new section 2 to grandfather in occupational therapy assistants with a current registration to become authorized to practice 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, caregivers, 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 authorizes the practice of occupational therapy assistant by standards developed by the commissioner, including education, examination and character. When occupational therapists were originally licensed, recognition of 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 standards and authorizing occupational therapy assistant practice, these individuals will become more adequately regulated.

Legislative history

2010-09: S.4538A/A.7790A 2008-07: S.3942/A.6796 2006-05: S.1084/A.3566 2004-03: S.6165A/A.7104A

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.