Bill Text: NY S02935 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-08-17 - APPROVAL MEMO.12 [S02935 Detail]

Download: New_York-2011-S02935-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2935                                                  A. 4519
                              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
       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:
    1    Section  1.  The education law is amended by adding a new section 7908
    2  to read as follows:
    3    S 7908. MANDATORY CONTINUING COMPETENCY. (1)(A) EACH LICENSED  OCCUPA-
    4  TIONAL  THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER THIS
    5  ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE  IN  THE
    6  STATE  SHALL  COMPLY  WITH  THE  PROVISIONS  OF THE MANDATORY CONTINUING
    7  COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF  THIS  SECTION,
    8  EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  OCCU-
    9  PATIONAL  THERAPISTS  AND  OCCUPATIONAL  THERAPY  ASSISTANTS  WHO DO NOT
   10  SATISFY THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS  SHALL  NOT  BE
   11  AUTHORIZED  TO  PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY
   12  HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL
   13  THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT  HAVING
   14  MET  SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION
   15  PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   16    (B) ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY
   17  BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
   18  CERTIFIED BY AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL,  FOR  EXTENDED
   19  ACTIVE  DUTY  WITH  THE  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER
   20  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.
                                                                  LBD05809-01-1
       S. 2935                             2                            A. 4519
    1    (C) A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY  ASSIST-
    2  ANT  NOT  ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
    3  EXEMPT FROM THE MANDATORY CONTINUING  COMPETENCY  REQUIREMENT  UPON  THE
    4  FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
    5  LICENSEE  WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING THE
    6  TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
    7  TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
    8  CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
    9  ER.
   10    (2) (A) DURING EACH TRIENNIAL REGISTRATION  PERIOD  AN  APPLICANT  FOR
   11  REGISTRATION  AS  AN  OCCUPATIONAL THERAPIST SHALL COMPLETE A MINIMUM OF
   12  THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
   13  COMPETENCE,  AS  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
   14  FURTHER THAT AT LEAST TWENTY-FOUR HOURS  SHALL  BE  IN  AREAS  OF  STUDY
   15  PERTINENT  TO  THE  SCOPE  OF PRACTICE OF OCCUPATIONAL THERAPY. WITH THE
   16  EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN  DURING  THE  REGISTRATION
   17  PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
   18  UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
   19  TO A SUBSEQUENT TRIENNIUM.
   20    (B) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR  REGIS-
   21  TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
   22  THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
   23  COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION,  PROVIDED
   24  FURTHER  THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
   25  STUDY PERTINENT TO THE LICENSEE'S  PROFESSIONAL  SCOPE  OF  PRACTICE  OF
   26  OCCUPATIONAL  THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
   27  TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
   28  DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
   29  NIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   30    (C) ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
   31  FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
   32  OCCURS  LESS  THAN  THREE YEARS FROM SUCH EFFECTIVE DATE, SHALL COMPLETE
   33  CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF
   34  HOUR  PER  MONTH  FOR  THE  PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
   35  TWELVE UP TO THE FIRST REGISTRATION DATE.
   36    (D) ANY OCCUPATIONAL THERAPY ASSISTANT WHOSE FIRST  REGISTRATION  DATE
   37  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE
   38  YEARS FROM SUCH EFFECTIVE DATE,  SHALL  COMPLETE  CONTINUING  COMPETENCY
   39  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-QUARTER HOUR PER MONTH FOR
   40  THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE UP TO THE  FIRST
   41  REGISTRATION DATE.
   42    (E) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
   43  UING  COMPETENCY  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRA-
   44  TION CERTIFICATE BY THE DEPARTMENT AND SHALL  NOT  PRACTICE  UNLESS  AND
   45  UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR
   46  IN SUBDIVISION THREE OF THIS SECTION.
   47    (3) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL  REGIS-
   48  TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
   49  REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
   50  AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
   51  ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
   52  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
   53  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
   54  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
   55  YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
   56  FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
       S. 2935                             3                            A. 4519
    1  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
    2  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
    3  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
    4    (4)  AS  USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
    5  ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
    6  TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
    7  THE REGULATIONS OF THE  COMMISSIONER.  SUCH  LEARNING  ACTIVITIES  SHALL
    8  INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
    9  COURSES, SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL  MENTORING
   10  ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
   11  MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
   12  OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
   13  ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
   14  AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
   15  ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
   16  AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
   17  THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
   18  SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
   19  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
   20  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   21    (5) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
   22  MAINTAIN  ADEQUATE  DOCUMENTATION  OF  COMPLETION OF (A) A LEARNING PLAN
   23  THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
   24  SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
   25  COMPETENCIES,  AND  (B) ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
   26  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
   27  MENT.
   28    (6) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS FOR
   29  OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPATIONAL THERAPY
   30  ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNI-
   31  AL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO  THE  TRIENNIAL
   32  REGISTRATION  FEE  REQUIRED BY SECTION SEVENTY-NINE HUNDRED FOUR OF THIS
   33  ARTICLE.
   34    S 2. This act shall take effect on the one hundred eightieth day after
   35  it shall have become a  law;  provided,  however,  the  commissioner  of
   36  education  and the board of regents are authorized, prior to such effec-
   37  tive date, to promulgate such rules and regulations as may be  necessary
   38  for the timely implementation of this act.