senate Bill S2935A

Signed by Governor Amended

Establishes requirements for occupational therapists and occupational therapy assistants

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 03 / Feb / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 03 / Feb / 2012
    • PRINT NUMBER 2935A
  • 01 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2012
    • PRINT NUMBER 2935B
  • 20 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1397
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A4519B
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.561
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.444
  • 17 / Aug / 2012
    • APPROVAL MEMO.12

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4519A
Versions:
S2935
S2935A
S2935B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Add ยง7908, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1618, A4289
2007-2008: A4819

Votes

Sponsor Memo

BILL NUMBER:S2935A

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,
burns, 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.1618 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) will support the State Education Department in
enforcing this new requirement.

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

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

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

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            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

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  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

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05809-02-2

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

  (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,  SHALL  COMPLETE
CONTINUING  COMPETENCY 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)  ANY  OCCUPATIONAL THERAPY ASSISTANT WHOSE FIRST REGISTRATION DATE
FOLLOWING THE EFFECTIVE DATE OF THIS  SECTION  OCCURS  LESS  THAN  THREE
YEARS  FROM  SUCH  EFFECTIVE  DATE, SHALL COMPLETE CONTINUING COMPETENCY
HOURS ON A PRORATED BASIS AT THE RATE OF ONE-QUARTER HOUR PER MONTH  FOR
THE  PERIOD  BEGINNING  JANUARY  FIRST,  TWO THOUSAND THIRTEEN UP TO THE
FIRST REGISTRATION DATE.
  (E) 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--A                          3                         A. 4519--A

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.
  (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.
  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.

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