No. 43017 (Amendment): Rule R156-42a. Occupational Therapy Practice Act Rule

(Amendment)

DAR File No.: 43017
Filed: 06/25/2018 12:46:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Occupational Therapy Licensing Board (Board) recommends these proposed amendments to remove unnecessary repetition in this rule of education requirements that are already listed in the Utah Code, to clarify the examination requirements for licensure, and to provide easier practice re-entry through a reinstatement option for certain previously licensed occupational therapists (OTs) and occupational therapy assistants (OTAs).

Summary of the rule or change:

The Division of Occupational and Professional Licensing (Division) and Board propose deleting Section R156-42a-302b as unnecessary because it simply repeats the statutory language of Subsections 58-42a-302(1)(d) and (2)(d). In Section R156-42a-302d, these proposed amendments update the section to more clearly conform the stated exam requirements to the language of Subsections 58-42a-302(1)(f) and (2)(f), and to clarify that the Division will accept certification exams that were administered by a National Board for Certification in Occupational Therapy (NBCOT) predecessor organization. In Section R156-42a-303, as allowed by Subsection 58-1-308(5)(a)(ii)(B), these proposed amendments to this section will allow former Utah licensees whose licenses expired while active and in good standing, easier re-entry into practice by extending their reinstatement period from two years to five years. If these former licensees meet continuing education and certain other requirements, they may apply for reinstatement instead of being required to submit a new application for licensure, complete with all supporting documents as is required of an individual making an initial application for license, and demonstrating they meet all current qualifications for licensure.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes are expected to impact state government revenues or expenditures. These proposed amendments to Section R156-42a-303 may indirectly benefit some state agencies acting as businesses who employ OTs or OTAs, if these state agencies are able to more easily hire one or more experienced OTs or OTAs who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these state agencies cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the state agencies may experience from any resulting employment will vary widely depending on the requirements of the agencies and the individual characteristics of each OT or OTA. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective.

local governments:

Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact local governments revenues or expenditures. These proposed amendments to Section R156-42a-303 may indirectly benefit local government entities acting as businesses who employ OTs or OTAs, if these entities are able to more easily hire one or more experienced OTs or OTAs who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these local government entities cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the local government entities may experience from any resulting employment will vary widely depending on the requirements of the entities and the individual characteristics of each OT or OTA.

small businesses:

Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact small business revenues or expenditures. There are approximately 315 offices of specialty therapists in Utah that employ Occupational Therapy Assistants and Occupational Therapists in Utah, many of which offer occupational therapy services (NAICS 621340). These proposed amendments to Section R156-42a-303 may directly benefit small businesses owned by experienced OTs re-entering into practice, who may operate as private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others. These proposed amendments may also indirectly benefit these small businesses offering OT services if they are able to more easily hire one or more experienced OTs or OTAs. However, the full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or be hired by small businesses is unavailable; and further, the resulting employment will vary widely depending on the nature of each small business and the individual characteristics of each OT or OTA.

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

Compliance costs for affected persons:

These proposed amendments are not expected to impose any additional compliance cost on any affected person because these amendments only clarify existing requirements for licensure and are expected to result in positive fiscal impacts.

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

These proposed amendments to Sections R156-42a-302, R156-42a-302d, and R156-42a-303 remove unnecessary repetition in this rule of education requirements that are already listed in the Utah Code, clarify the examination requirements for licensure, and provide easier practice re-entry through a reinstatement option for certain previously licensed OTs and OTAs. Deleting Section R156-42a-302b, and amending Section R156-42a-302d as proposed, will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact small businesses revenues or expenditures. There are approximately 315 offices of specialty therapists in Utah that employ OTAs and OTs, many of which offer occupational therapy services (NAICS 621340). These proposed amendments to Section R156-42a-303 may directly benefit small businesses owned by experienced OTs re-entering into practice, who may operate as private or group practices in their own offices (e.g. centers or clinics) or in the facilities of others. These proposed amendments may also indirectly benefit these small businesses offering OT services if they are able to more easily hire one or more experienced OTs or OTAs. However, the full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or be hired by small businesses is unavailable; and furthermore, the resulting employment will vary widely depending on the nature of each small business and the individual characteristics of each OT or OTA.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov

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:

08/14/2018

Interested persons may attend a public hearing regarding this rule:

07/31/2018 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/21/2018

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

Appendix 2: Regulatory Impact to Non - Small Businesses

Deleting Section R156-42a-302b and amending Section R156-42a-302d as proposed will only clarify existing licensure requirements, so none of these proposed changes will alter the price or quantity of any exchanges between any parties. Accordingly, these amendments are not expected to impact non-small business revenues or expenditures.

For Section R156-42a-303, there are an estimated 351 non-small business facilities who offer occupational therapy services in Utah, such as general or specialty hospitals (NAICS 622110, 622310, 623210, 623220) or HMO medical centers (NAICS 621491). These proposed amendments may indirectly benefit these non-small business facilities if the facilities are able to more easily hire one or more experienced OTs or OTAs. However, the full fiscal and non-fiscal benefits to these non-small business facilities cannot be estimated because the resulting employment will vary widely depending on the requirements of each non-small business and the individual characteristics of each OT or OTA.

The head of Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

[ ~~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-302[d]. 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 Occupational Therapist Registered (OTR) certification examination [~~for certification~~ ]from the National Board for Certification in Occupational Therapy (NBCOT), or a predecessor organization[~~as an occupational therapist registered~~].

(2) An applicant for licensure as an occupational therapy assistant shall pass the Certified Occupational Therapy Assistant (COTA) [~~hold current~~ ]certification examination from the National Board for Certification in Occupational Therapy (NBCOT), or a predecessor organization[~~as a certified occupational therapy assistant~~].

R156-42a-303. Expiration, Renewal , and Reinstatement of License [ ~~Cycle - Procedures~~ ].

[~~(1)~~ ]In accordance with S[~~ubs~~]ection 58-1-308[~~(1)~~]:

(1) [~~, the~~]The renewal date for the two-year renewal cycle applicable to license es under Title 58, Chapter 42a is established [~~by rule~~ ]in R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Section s R156-1-308[c]a through R156-1-308l except as provided in Subsection (3).

(3) An applicant whose licensure was active and in good standing at the time of expiration may apply for reinstatement between two years and five years after the date of expiration, in accordance with the following practice re-entry requirements:

(a) Each applicant shall:

(i) submit an application demonstrating compliance with all requirements and conditions of license renewal;

(ii) pay all license renewal and reinstatement fees for the current renewal period;

(iii) submit evidence of completion of continuing education for each preceding renewal period in which the license was expired; and

(b) If the applicant has been out of practice three or more years, the applicant shall also:

(i) meet with the Board for evaluation of the applicant's qualifications for licensure; and

(ii) comply with additional licensure requirements or conditions considered necessary by the Division and Board to protect the public and ensure that the applicant is currently competent to engage in the profession.

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [~~June 8, 2017~~]2018

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