No. 43247 (5-year Review): Rule R156-42a. Occupational Therapy Practice Act Rule

DAR File No.: 43247
Filed: 10/09/2018 04:21:05 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 42a provides for the licensure and regulation of occupational therapists and occupational therapy assistants. Subsection 58-1-106(1)(a) provides that the Division of Occupational and Professional Licensing (Division) may adopt and enforce rules to administer Title 58. Subsection 58-42a-201(3) provides that the Board of Occupational Therapy's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 42a with respect to occupational therapists and occupational therapy assistants .

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in January 2014, the Division received the following written comments in which a public rule hearing relating to proposed amendments filed in OAR File No. 42381 was requested to be scheduled: January 9, 2018 letter from Kristen Neville, American Occupational Therapy Association; January 10, 2018 email from Travis Chamberlain, a licensed occupational therapist; and January 15, 2018 email from Florentina Mueller-Planitz, Utah Occupational Therapy Association. As a result of these written comments, the Division scheduled and held a rule hearing on February 5, 2018 before the Division regarding the proposed amendments. The Division also received an April 6, 2014 email from Randy Curry commenting on proposed rule amendments filed in OAR File No. 38313, and also an April 3, 2014 email from Trent Brown commenting on proposed rule amendments filed in OAR File No. 38313. The written comments were reviewed by the Division and Board of Occupational Therapy and the proposed amendments filed in OAR File No. 38313 were made effective on April 21, 2014. No other written comments have been received by the Division with respect to this rule than those listed above.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 42a, with respect to occupational therapists and occupational therapy assistants. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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 [e-mail]

Effective:

10/09/2018

Authorized by:

Mark Steinagel, Director

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