No. 39761 (Amendment): Rule R156-42a. Occupational Therapy Practice Act Rule

(Amendment)

DAR File No.: 39761
Filed: 09/21/2015 03:16:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As a result of statutory amendments to Title 58, Chapter 42a, which were passed in H.B. 194 and S.B. 131 during the 2015 General Session, the division and Occupational Therapy Licensing Board are proposing amendments to the rule. The purpose of this filing is to: 1) add and clarify definitions for specific therapies included in the 2015 statute amendments; 2) eliminate definitions that are no longer necessary; 3) identify the only approved accrediting body for occupational therapy education; 4) identify the only approved examination for licensure; 5) identify continuing education requirements for renewal or reinstatement of licensure; 6) update unprofessional conduct to include prohibition of therapies explicit in statute; 7) describe requirements for implementation of wound care therapy in order to ensure safe wound care practice and protection of the public; and 8) articulate the expectation that licensed professionals are expected to be competent in the therapies performed.

Summary of the rule or change:

In Section R156-42a-102, definitions for "qualified continuing education," "manual therapy" and "wound care" were added based on specific inclusions to Title 58, Chapter 42a, as enacted by S.B. 131 during the 2015 General Session. Definitions for "general supervision" and "consult with the attending physician" were deleted. Specific language requiring general supervision and consultation with an attending physician were eliminated from Title 58, Chapter 42a. The definition for physical agent modalities was updated to be consistent with current national standards. Section R156-42a-302b is a new section added to clearly identify that the only approved accrediting body for educational programs is the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education. Section R156-42a-302d is a new section added to clearly identify that the only approved certification examination for licensure is the National Board for Certification in Occupational Therapy. Section R156-42a-304 is a new section added to identify the requirements for continuing education. Continuing education requirements for renewal or reinstatement of licensure were added to Title 58, Chapter 42a, during the 2015 General Session. In Section R156-42a-502, the definition of unprofessional conduct was: 1) updated to include management of wound care and use of manual therapy consistent with the 2015 legislative changes; and 2) updated to incorporate by reference the American Occupational Therapy Association Code of Ethics which was revised in 2015. Subsection R156-42a-601(2) adds a practice standard that requires occupational therapists to complete additional training to engage in wound care. Subsection R156-42a-601(3) adds a practice standard to require those licensed under Title 58, Chapter 42a, to demonstrate and document competency in the therapies they perform.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-42a-101

This rule or change incorporates by reference the following material:

• Updates Occupational Therapy Code of Ethics, published by American Occupational Therapy Association, 2015

Anticipated cost or savings to:

the state budget:

The division does not anticipate any additional costs or savings to the state budget beyond those detailed in the fiscal notes for S.B. 131 and H.B. 194 (2015).

local governments:

The proposed amendments apply only to licensed occupational therapists and occupational therapist assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The division anticipates there are potential costs for small businesses employing licensees, if the business decides to offer continuing education as a benefit to employees. There are potential opportunities for small businesses to increase revenue if they offer qualified continuing education with a fee for service to licensees. Due to such a wide range of circumstances, the division is not able to determine any exact amount of costs or potential revenue.

persons other than small businesses, businesses, or local governmental entities:

The division anticipates there are potential opportunities for other persons to generate revenue if they offer qualified continuing education with a fee for service to licensees. Due to such a wide range of circumstances, the division is not able to determine any exact amount of potential revenue.

Compliance costs for affected persons:

The proposed amendments apply only to licensed occupational therapists and occupational therapist assistants and applicants for licensure in those classifications. Licensees who seek renewal or reinstatement of licensure under Title 58, Chapter 42a, will be required to complete continuing education hours. Licensees will be responsible for any costs associated with obtaining and documenting completion of the required continuing education. The proposed amendments with respect to continuing education are broad and inclusive allowing the licensee flexibility in obtaining the continuing education, and many continuing education options may be available at low or no cost (e.g., online or through an employer) to the individual. Costs to the affected persons are difficult to estimate with any accuracy, but it is anticipated that most could meet the continuing education requirement for less than $100 per renewal cycle. Also, no costs are involved with regards to the update Code of Ethics as this document can be found on the American Occupational Therapy Association website at no cost.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, this filing responds to legislative action (S.B. 131 and H.B. 194, 2015), which introduced new terms into the regulatory scheme, thereby requiring definition. In addition, this filing clarifies standards for pre-licensing education, continuing education, and professional conduct. No fiscal impact to businesses is anticipated except in circumstances where a business chooses to offer educational programs to licensees or to pay education costs for employees. Any such impact cannot be estimated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

Interested persons may attend a public hearing regarding this rule:

• 11/10/2015 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

11/23/2015

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

R156-42a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 42a, as used in Title 58, Chapters 1 and 42a, or this rule:

[(1) "General supervision", as used in Section 58-42a-304 and Subsection R156-42a-302b(2), means the supervising occupational therapist is:

(a) present in the area where the person supervised is performing services; and

(b) immediately available to assist the person being supervised in the services being performed.

(2) "Consult with the attending physician", as used in Subsection 58-42a-501(6), means that the occupational therapist will consult with the attending physician when an acute change of patient condition affects the occupational therapy services being performed.

] (1) "Manual therapy", as used in Subsection 58-42a-102(6)(b)(vii)(L), means the use of skilled hand movements to manipulate tissues of the body for a therapeutic purpose.

([3]2) "Physical agent modalities", as used in Subsection 58-42a-102[(9)(g)](6)(b)(vii)(L), means specialized treatment procedures [that produce a response in soft tissue through the use of light, water, temperature, sound or electricity such as hot packs, ice, paraffin, and electrical or sound currents]including: superficial thermal agents, deep thermal agents, electrotherapeutic agents, and mechanical devices.

(3) "Qualified continuing professional education", as used in Subsection 58-42a-303.5(1), means continuing education that meets the standards set forth in Subsection R156-42a-304.

(4) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 42a, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-42a-502.

(5) "Wound care", as used in Subsection 58-42a-102(6)(b)(vii)(L), means:

(a) prevention of interruptions in skin and tissue integrity; and

(b) care and management of interruptions in skin and tissue integrity.

 

R156-42a-302b. Qualifications for Licensure - Education Requirements.

The education requirements for licensure, in accordance with Section 58-42a-302, are established as follows:

(1) An applicant for licensure as an occupational therapist shall graduate from an occupational therapy program accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education.

(2) An applicant for licensure as an occupational therapy assistant shall graduate from an occupational therapy assistant program accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education.

 

R156-42a-302d. Qualifications for Licensure - Examination Requirements.

The examination requirements for licensure, in accordance with Section 58-42a-302, are established as follows:

(1) An applicant for licensure as an occupational therapist shall pass the examination for certification from the National Board for Certification in Occupational Therapy as an occupational therapist registered.

(2) An applicant for licensure as an occupational therapy assistant shall hold current certification from the National Board for Certification in Occupational Therapy as a certified occupational therapy assistant.

 

R156-42a-304. Continuing Education.

(1) Continuing education required by Subsection 58-42a-302.5(1) shall consist of 24 hours of qualified continuing professional education in each preceding two-year period of licensure or prior to reinstatement of licensure. Each hour of continuing professional education may include a 10-minute break.

(2) If a renewal period is shortened or extended to effect a change of renewal cycle, the continuing professional education hours required for that renewal period shall be increased or decreased accordingly as a pro rata amount of the requirements of a two-year period.

(3) The required number of contact hours of continuing professional education for an individual who first becomes licensed during the two-year renewal cycle shall be decreased by a pro-rata amount.

(4) The standards for qualified continuing professional education include:

(a) an identifiable clear statement of purposed and defined objective for the educational program directly related to the practice of occupational therapy;

(b) relevance to the licensee's professional practice;

(c) presentation in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the continuing education;

(d) preparation and presentation by individuals who are qualified by education, training, and experience;

(e) completion of a minimum of two hours related to legal and ethical principles of practice; and

(f) verification from the continuing education provider to licensee of the completed continuing education.

(5) Records of qualified continuing education completion shall be maintained by the licensee and reported to the Division when requested.

 

R156-42a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) delegating supervision, or occupational therapy services, care or responsibilities not authorized under Title 58, Chapter 42a or this rule;

(2) engaging in or attempting to engage in the use of physical agent modalities, wound care, or manual therapy when not competent to do so by education, training, or experience;

(3) failing to provide general supervision as set forth in Title 58, Chapter 42a and this rule;

(4) failing to cosign COTA discharge documentation within 30 days pursuant to R156-42a-601; and

(5) violating any provision of the American Occupational Therapy Association Code of Ethics, last amended [April 2005]2015, which is hereby adopted and incorporated by reference.

 

R156-42a-601. Practice Standards.

(1) A certified occupational therapist assistant (COTA), after consultation with the supervising occupational therapist (OT), may discharge an individual from on-going service only if there is no evaluation component associated with the discharge from service. The supervising OT shall co-sign the appropriate documentation within 30 days.

(2) An occupational therapist shall complete formal specialized wound care training or certification, including didactic and clinical components, if engaging in the care and management of interruptions in skin and tissue integrity.

(3) Occupational therapy treatment shall be performed by an occupational therapist or certified occupational therapist assistant who is able to demonstrate and document evidence of theoretical background, technical skill, and competence in the therapies performed.

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [April 21, 2014]2015

Notice of Continuation: January 21, 2014

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

 

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