senate Bill S2935B

Signed by Governor

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:
A4519B
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

Sponsor Memo

BILL NUMBER:S2935B

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, bums, 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.l618 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 and $900 for sponsors of continuing education
programs) 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--B                                            A. 4519--B

                       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  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER --  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 -- reported and referred  to
  the Committee on Ways and Means -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05809-04-2

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

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.
  (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 BUT ON OR AFTER
JANUARY FIRST, TWO THOUSAND THIRTEEN, SHALL COMPLETE  CONTINUING  COMPE-
TENCY  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) 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--B                          3                         A. 4519--B

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. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE  DEPART-
MENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  THE  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (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.
  (7) SPONSORS SEEKING TO OFFER LEARNING ACTIVITIES PURSUANT TO SUBDIVI-
SION  FOUR  OF  THIS  SECTION  SHALL  SUBMIT  AN APPLICATION FEE OF NINE
HUNDRED DOLLARS WITH ITS APPLICATION FOR THE ISSUANCE  OF  A  THREE-YEAR
PERMIT  FROM  THE  DEPARTMENT TO BECOME AN APPROVED SPONSOR. APPLICATION
FOR A THREE-YEAR RENEWAL OF THE PERMIT SHALL BE ACCOMPANIED BY A FEE  OF
NINE HUNDRED DOLLARS.
  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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