senate Bill S7175

Relates to the profession of occupational therapy

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Sponsor

Bill Status


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

  • 01 / May / 2012
    • REFERRED TO HIGHER EDUCATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1093
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • SUBSTITUTED BY A10118

Summary

Relates to the profession of occupational therapy.

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Bill Details

See Assembly Version of this Bill:
A10118
Versions:
S7175
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยงยง7905 & 7906, Ed L

Votes

Sponsor Memo

BILL NUMBER:S7175

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.

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

                                  7175

                            I N  S E N A T E

                               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.

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