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S02935 Summary:

S02935 Actions:

S02935 Floor Votes:

S02935 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2935--B                                            A. 4519--B
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    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 -- recommitted to the Committee on Higher Education in accordance
          with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,

          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER --  read  once
          and  referred  to  the Committee on Higher Education -- recommitted to
          the Committee on Higher Education in accordance with Assembly Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05809-04-2
        S. 2935--B                          2                         A. 4519--B
 
     1  authorized to practice until they have met such requirements,  and  they
     2  have been issued a registration certificate, except that an occupational
     3  therapist  or occupational therapy assistant may practice without having
     4  met  such requirements if he or she is issued a conditional registration

     5  pursuant to subdivision three of this section.
     6    (b) Occupational therapists and occupational therapy assistants  shall
     7  be  exempt  from the mandatory continuing competency requirement for the
     8  triennial registration period during  which  they  are  first  licensed.
     9  Adjustment  to  the  mandatory continuing competency requirements may be
    10  granted by the department for reasons of health of  the  licensee  where
    11  certified  by  an  appropriate  health  care  professional, for extended
    12  active duty with the armed forces of the United  States,  or  for  other
    13  good cause acceptable to the department which may prevent compliance.
    14    (c)  A licensed occupational therapist or occupational therapy assist-

    15  ant not engaged in practice, as determined by the department,  shall  be
    16  exempt  from  the  mandatory  continuing competency requirement upon the
    17  filing of a statement with the department  declaring  such  status.  Any
    18  licensee  who returns to the practice of occupational therapy during the
    19  triennial registration period shall notify the department prior to reen-
    20  tering the profession and shall meet such mandatory continuing competen-
    21  cy requirements as shall be prescribed by regulations of the commission-
    22  er.
    23    (2) (a) During each triennial registration  period  an  applicant  for
    24  registration  as  an  occupational therapist shall complete a minimum of
    25  thirty-six hours of learning activities which contribute  to  continuing

    26  competence,  as  specified in subdivision four of this section, provided
    27  further that at least twenty-four hours  shall  be  in  areas  of  study
    28  pertinent  to  the  scope  of practice of occupational therapy. With the
    29  exception of continuing education hours taken  during  the  registration
    30  period immediately preceding the effective date of this section, contin-
    31  uing  education  hours taken during one triennium may not be transferred
    32  to a subsequent triennium.
    33    (b) During each triennial registration period an applicant for  regis-
    34  tration as an occupational therapy assistant shall complete a minimum of
    35  thirty-six  hours  of learning activities which contribute to continuing
    36  competence as specified in subdivision four of  this  section,  provided

    37  further  that at least twenty-four hours shall be in recognized areas of
    38  study pertinent to the licensee's  professional  scope  of  practice  of
    39  occupational  therapy.  With the exception of continuing education hours
    40  taken during the registration period immediately preceding the effective
    41  date of this section, continuing education hours taken during one trien-
    42  nium may not be transferred to a subsequent triennium.
    43    (c) Any occupational therapist or occupational therapy assistant whose
    44  first registration date following the effective  date  of  this  section
    45  occurs  less  than  three years from such effective date but on or after
    46  January first, two thousand thirteen, shall complete  continuing  compe-

    47  tency  hours  on a prorated basis at the rate of one-half hour per month
    48  for the period beginning January first, two thousand thirteen up to  the
    49  first registration date.
    50    (d) Thereafter, a licensee who has not satisfied the mandatory contin-
    51  uing  competency  requirements shall not be issued a triennial registra-
    52  tion certificate by the department and shall  not  practice  unless  and
    53  until  a  conditional registration certificate is issued as provided for
    54  in subdivision three of this section.
    55    (3) The department, in its discretion, may issue a conditional  regis-
    56  tration  to  a  licensee  who  fails  to  meet the continuing competency
        S. 2935--B                          3                         A. 4519--B
 

     1  requirements established in subdivision two of  this  section,  but  who
     2  agrees  to make up any deficiencies and complete any additional learning
     3  activities which the department may require. The fee for such  a  condi-
     4  tional  registration  shall  be the same as, and in addition to, the fee
     5  for the triennial registration. The duration of such conditional  regis-
     6  tration  shall  be determined by the department but shall not exceed one
     7  year. Any licensee who is notified of the  denial  of  registration  for
     8  failure  to submit evidence, satisfactory to the department, of required
     9  continuing competency learning activities and who practices without such
    10  registration, may be subject to  disciplinary  proceedings  pursuant  to

    11  section sixty-five hundred ten of this title.
    12    (4)  As  used in subdivision two of this section, "acceptable learning
    13  activities" shall mean activities which contribute to professional prac-
    14  tice in occupational therapy, and which meet the standards prescribed in
    15  the regulations of the  commissioner.  Such  learning  activities  shall
    16  include,  but  not be limited to, collegiate level credit and non-credit
    17  courses, self-study  activities,  independent  study,  formal  mentoring
    18  activities, publications in professional journals, professional develop-
    19  ment  programs  and  technical sessions; such learning activities may be
    20  offered and sponsored by national, state and local professional  associ-

    21  ations  and other organizations or parties acceptable to the department,
    22  and any other organized educational and  technical  learning  activities
    23  acceptable  to the department. The department may, in its discretion and
    24  as needed to contribute to the health and welfare of the public, require
    25  the completion of continuing competency learning activities in  specific
    26  subjects  to  fulfill  this mandatory continuing competency requirement.
    27  Learning activities must be taken from a sponsor approved by the depart-
    28  ment, pursuant to the regulations of the commissioner.
    29    (5) Occupational therapists and occupational therapy assistants  shall
    30  maintain  adequate  documentation  of  completion of (a) a learning plan

    31  that shall record current and anticipated roles and responsibilities but
    32  shall not require the records  of  peer  review  or  self-assessment  of
    33  competencies,  and  (b) acceptable continuing competency learning activ-
    34  ities and shall provide such documentation at the request of the depart-
    35  ment. Failure to provide such documentation upon request of the  depart-
    36  ment  shall  be  an  act  of  misconduct  subject  to  the  disciplinary
    37  proceedings pursuant to section sixty-five hundred ten of this title.
    38    (6) The  mandatory  continuing  competency  fee  shall  be  forty-five
    39  dollars  for occupational therapists and twenty-five dollars for occupa-
    40  tional therapy assistants, shall be payable on or before the  first  day

    41  of  each triennial registration period, and shall be paid in addition to
    42  the triennial registration fee required by section seventy-nine  hundred
    43  four of this article.
    44    (7) Sponsors seeking to offer learning activities pursuant to subdivi-
    45  sion  four  of  this  section  shall  submit  an application fee of nine
    46  hundred dollars with its application for the issuance  of  a  three-year
    47  permit  from  the  department to become an approved sponsor. Application
    48  for a three-year renewal of the permit shall be accompanied by a fee  of
    49  nine hundred dollars.
    50    § 2. This act shall take effect on the one hundred eightieth day after
    51  it  shall  have  become  a  law;  provided, however, the commissioner of

    52  education and the board of regents are authorized, prior to such  effec-
    53  tive  date, to promulgate such rules and regulations as may be necessary
    54  for the timely implementation of this act.