Senate Bill S1618

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

    S. 1618                                                  A. 4289

                       2009-2010 Regular Sessions

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

                            February 3, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE,  DIAZ, MORAHAN, ONORATO,
  STACHOWSKI, VOLKER -- read twice and ordered printed, and when printed
  to be committed to the Committee on Higher Education

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  read  once  and
  referred to the Committee on Higher Education

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.
  (B) 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02709-01-9
              

S. 1618                             2                            A. 4289

  (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 TEN
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 TEN  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
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

S. 1618                             3                            A. 4289

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 FIFTY DOLLARS FOR
OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPATIONAL THERAPY
ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNI-
AL 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.