EDU-22-16-00008-EP Licensure of Occupational Therapy Assistants (OTAs)

6/1/16 N.Y. St. Reg. EDU-22-16-00008-EP

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 22

June 01, 2016

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-22-16-00008-EP

Filing No. 497

Filing Date. May. 17, 2016

Effective Date. May. 18, 2016

Licensure of Occupational Therapy Assistants (OTAs)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of sections 76.6, 76.7, 76.8, 76.9 and 76.10 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207(not subdivided), 6504(not subdivided), 6507(2)(a), 7902-a, 7903, 7904-a, 7905(2), 7906(4) and 7907; L. 2015, ch. 470

Finding of necessity for emergency rule:

Preservation of public health and general welfare.

Specific reasons underlying the finding of necessity:

The proposed amendment to the Regulations of the Commissioner of Education is necessary to implement Chapter 470 of the Laws of 2015, which adds Education Law sections 7902-a, and 7904-a, and amends Education Law sections 7903, 7905, 7906, and 7907, and takes effect on May 18, 2016. This amendment to the Education Law codifies and defines the practice of occupational therapy assistants, establishes requirements for licensure, and requires at least one occupational therapy assistant to serve on the State Board for Occupational Therapy. Pursuant to Chapter 470, the practice of an occupational therapy assistant is defined as the provision of occupational therapy and client related services under the direction and supervision of an occupational therapist or a licensed physician in accordance with the Regulations of the Commissioner of Education. It also establishes the requirements for licensure of occupational therapy assistants, which include, but are not limited to, education, experience and examination requirements. This amendment to the Education Law also provides for a grandparenting licensure pathway for individuals to qualify for a license as an occupational therapy assistant, without an examination, if they had a current registration on February 3, 2012 with the Department as an occupational therapy assistant and satisfy the specified education, experience, age, moral character and fee requirements for licensure.

Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be presented for adoption, after expiration of the required 45-day public comment period provided for in State Administrative Procedure Act (SAPA) sections 202(1) and (5), would be the September 12-13, 2016 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the September meeting, would be September 28, 2016, the date a Notice of Adoption would be published in the State Register. However, the provisions of Chapter 470 become effective May 18, 2016.

Therefore, emergency action is necessary at the May 2016 Regents meeting for the preservation of the public health and general welfare in order to enable the State Education Department to immediately establish requirements to timely implement Chapter 470 of the Laws of 2015, so that applicants for licensure as occupational therapy assistants, who do not meet the requirements for licensure under the grandparenting licensure pathway, will be able to be licensed as occupational therapy assistants if they meet the licensure requirements of the proposed amendment, which will increase the number of licensed professionals qualified to practice as occupational therapy assistants and help insure continuing competency across the State.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the September 12-13, 2016 meeting of the Board of Regents, after publication in the State Register and expiration of the 45-day public comment period on proposed rule makings required by the State Administrative Procedure Act.

Subject:

Licensure of Occupational Therapy Assistants (OTAs).

Purpose:

To define the practice of OTAs, establish requirements for licensure, and alter the composition of the State Board.

Text of emergency/proposed rule:

1. Subdivision (a) section 76.6 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

(a) An occupational therapy assistant shall mean a person licensed or otherwise authorized in accordance with this Part who provides occupational therapy services under the direction and supervision of an occupational therapist or licensed physician and performs client related activities assigned by the supervising occupational therapist or licensed physician. Only a person licensed or otherwise authorized under this Part shall participate in the practice of occupational therapy as an occupational therapy assistant, and only a person licensed or otherwise authorized under this Part shall use the title occupational therapy assistant.

2. Section 76.7 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

§ 76.7 Requirements for [authorization] licensure as an occupational therapy assistant.

To qualify for [authorization] licensure as an occupational therapy assistant pursuant to section [7906(7)] 7904-a of the Education Law, an applicant shall fulfill the following requirements:

(a) . . .

(b) have received an education as follows:

(1) completion of a two-year associate degree program for occupational therapy assistants registered by the department or accredited by a national accreditation agency which is satisfactory to the department; or

(2) completion of a postsecondary program [in occupational therapy satisfactory to the department and] of at least two years duration that has been determined by the Board of Regents pursuant to Education Law section 6506(5) to substantially meet the requirements of Education Law section 7904-a(b);

(c) have a minimum of [three months] sixteen weeks clinical experience satisfactory to the State board for occupational therapy and in accordance with standards established by a national accreditation agency which is satisfactory to the department;

(d) . . .

(e) . . .

[(f) register triennially with the department in accordance with the provisions of subdivision (h) of this section, sections 6502 and 7906(8) of the Education Law, and sections 59.7 and 59.8 of this Title;]

([g]f) pay a fee for an initial license and a fee for each triennial registration period that shall be one half of the fee for initial license and for each triennial registration period established [in Education law] for occupational therapists; and

([h]g) except as otherwise provided by Education Law section 7907(2), pass an examination acceptable to the department.

3. Subdivision (a) of section 76.8 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

(a) A written supervision plan, acceptable to the occupational therapist or licensed physician providing direction and supervision, shall be required for each occupational therapy assistant providing services pursuant to section [7906(7)] 7902-a of the Education Law. The written supervision plan shall specify the names, professions and other credentials of the persons participating in the supervisory process, the frequency of formal supervisory contacts, the methods (e.g., in-person, by telephone) and types (e.g., review of charts, discussion with occupational therapy assistant) of supervision, the content areas to be addressed, how written treatment notes and reports will be reviewed, including, but not limited to, whether such notes and reports will be initialed or co-signed by the supervisor, and how professional development will be fostered.

4. Subdivision (b) of section 76.9 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

To be permitted to practice as an exempt person pursuant to section 7906(4) of the Education Law, an occupational therapy assistant student shall be enrolled in a program as set forth in section 76.7(b)(1) of this Part and shall practice under the direction and supervision of:

(a) an occupational therapist; or

(b) an occupational therapy assistant who [has obtained authorization] is licensed or otherwise authorized pursuant to section [7906(7)] 7904-a of the Education Law and who is under the supervision of an occupational therapist.

5. Paragraph (3) of subdivision (a) of section 76.10 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

(a) Definitions. As used in this section:

(1) . . .

(2) . . .

(3) Licensee means an individual licensed to practice occupational therapy pursuant to section 7904 of the Education Law or [authorized] licensed to practice as an occupational therapy assistant pursuant to section [7906(7)] 7904-a of the Education Law.

(4) . . .

(5) . . .

(6) . . .

(7) . . .

6. Paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education is amended, effective May 18, 2016, as follows:

(j) Fees.

(1) At the beginning of each registration period, a mandatory continuing competency fee of $45 shall be collected from [licensees] each licensed occupational therapist engaged in the practice of occupational therapy in New York State and a mandatory continuing competency fee of $25 shall be collected from [licensees] each person licensed or otherwise authorized to practice as an occupational therapy assistant in New York State, except for those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this section. This fee shall be in addition to the registration fee required by section 7904 of the Education Law for [licensees] licensed occupational therapists [engaged in the practice of occupational therapy], and the registration fee required by section [76.7 of this Part] 7904-a of the Education Law for [individuals] persons licensed or otherwise authorized to practice as [an] occupational therapy assistants.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire August 14, 2016.

Text of rule and any required statements and analyses may be obtained from:

Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building, 2M, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practices of the professions.

Subparagraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to the practice of the professions.

Section 7902-a of the Education Law, as added by Chapter 470 of the Laws of 2015, provides that only a licensed or otherwise authorized person is permitted to practice as an occupational therapy assistant and use the title “occupational therapy assistant” and defines practice as an occupational therapy assistant to include the providing of occupational therapy and client related services under the direction and supervision of an occupational therapist or a licensed physician.

Section 7903 of the Education Law, as amended by Chapter 470 of the Laws of 2015, provides for a State Board for Occupational Therapy for the purpose of assisting the Board of Regents and the Department on matters of professional licensing and professional conduct, to be composed of not less than six licensed occupational therapists, one occupational therapy assistant, one physician and two members of the public.

Section 7904-a of the Education Law, as added by Chapter 470 of the Laws of 2015, codifies and establishes the education, experience, examination, age, moral character and fee requirements for applicants seeking licensure as occupational therapy assistants.

Subdivision (2) of section 7905 of the Education Law, as amended by Chapter 470 of the Laws of 2015, provides that an individual with a limited permit to practice occupational therapy or as an occupational therapy assistant, shall be authorized to practice only under the direct supervision of a licensed occupational therapist or a licensed physician and shall practice only in a public, voluntary, or proprietary hospital, health care agency or in a preschool or an elementary or secondary school for the purpose of providing occupational therapy as a related service for a handicapped child, and further requires that the supervision of such limited permittee shall be direct supervision as defined by the Regulations of the Commissioner of Education.

Subdivision (4) of section 7906 of the Education Law, as amended by Chapter 470 of the Laws of 2015, permits an occupational therapy assistant student to engage in clinical practice under the direction and supervision of an occupational therapist or an occupational therapy assistant who is under the supervision of an occupational therapist, as part of an accredited occupational therapy assistant program, as defined by the Commissioner and in accordance with the Regulations of the Commission of Education, provided that no title, sign, card or device is used in such manner as to tend to convey the impression that the person rendering such service is a licensed occupational therapist.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the intent of the aforementioned statutes that the Department shall supervise the regulation of the practice of the professions for the benefit of the public. The proposed amendment will conform the Regulations of the Commissioner of Education to Chapter 470 of the Laws of 2015 which amended Article 156 of the Education Law, by, inter alia, codifying and defining the practice of an occupational therapy assistant and providing that only a licensed or otherwise authorized person is permitted to practice as an occupational therapy assistant and use the title occupational therapy assistant. Chapter 470 of the Laws of 2015 also establishes the requirements for licensure as an occupational therapy assistant, which include, but are not limited to, education, experience, and examination and conforms section 76.7 to Chapter 470 of the Laws of 2015. Chapter 470 of the Laws of 2015 provides for supervision requirements for limited permittees.

The proposed amendment to subdivision (a) of section 76.8 of the Regulations of the Commissioner of Education provides for written supervision plans for occupational therapy assistants, who are licensed or otherwise authorized to practice as occupational therapy assistants by providing occupational therapy and client related services under the direction and supervision of an occupational therapist or a licensed physician.

The proposed amendment to section 76.9 of the Regulations of the Commissioner of Education provides that occupational therapy assistant students with limited permits to practice as exempt persons pursuant to section 7906(4) of the Education Law practice under the direction and supervision of an occupational therapist or a licensed occupational therapy assistant who is under the supervision of an occupational therapist.

The proposed amendment to paragraph (3) of subdivision (a) of section 76.10 of the Regulations of the Commissioner of Education amends the definition of licensee to include occupational therapy assistants licensed pursuant to section 7904-a of the Education Law.

The proposed amendment to paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education provides that, inter alia, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period.

Finally, Chapter 470 of the Laws of 2015 also provides for a grandparenting licensure pathway for individuals to qualify for a license as an occupational therapy assistant, without an examination if they had a current registration on February 3, 2012 with the Department as an occupational therapy assistant and satisfy the specified education, experience, age, moral character and fee requirements for licensure.

This legislation further authorized the Department to develop regulations necessary to implement it.

3. NEEDS AND BENEFITS:

The purpose of the rule is to remove the references in the existing Regulations of the Commissioner of Education regarding the “authorization” of individuals to practice as occupational therapy assistants and replace them with the term “licensure” to better protect the public by establishing licensure requirements for occupational therapy assistants, which will help insure continuing competency across the State. The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to Chapter 470 of the Laws of 2015.

The proposed rule also makes changes to statutory references which are no longer accurate.

4. COSTS:

(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute, and will not impose any additional costs on State government beyond those imposed by the statutory requirements.

(b) Costs to local government: The proposed rule does not impose any additional costs on local government.

(c) Costs to private regulated parties: The proposed rule does not impose any additional costs to regulated parties beyond those imposed by statute. As required by section 7904-a(f) of the Education Law, applicants for licensure as occupational therapy assistants must pay a fee for an initial license and a fee for each triennial registration period that is one-half of the fee for initial license and for each triennial registration period established for occupational therapists. Pursuant to section 7904(8) of the Education Law, applicants for licensure as occupational therapists must pay a fee of $140 to the Department for admission to a Department conducted examination and for an initial license, a fee of $70 for each re-examination, a fee of $115 for an initial license for persons not requiring admission to a Department conducted examination, and a fee of $155 for each triennial registration period. In addition, section 6507-a of the Education Law authorizes the Commissioner to impose a fifteen percent surcharge, rounded upward to the nearest dollar, on any professional registration fee imposed under Title VIII of the Education Law. Thus, pursuant to sections 7904(8), 7904-a(f) and 6507-a of the Education Law, applicants for licensure as occupational therapy assistants will pay a fee of $58 for an initial license and a fee of $89 for each triennial registration period. Applicants for licensure as occupational therapy assistants do not take a Department conducted examination. These fees for applicants for licensure as occupational therapy assistants are the same fees that applicants for authorization to practice as occupational therapy assistants currently pay with under section 76.7(g) of the Regulations of the Commissioner of Education.

The proposed amendment to paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education provides that, inter alia, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period. This is the same mandatory continuing competency fee that authorized occupational therapy assistants are currently required to pay.

Moreover, pursuant to Education Law section 7904-a(b), applicants for licensure as occupational therapy assistants will incur the cost of completion of a two-year associate degree program for occupational therapy assistants registered by the Department or accredited by a national accreditation agency which is satisfactory to the Department, or its substantial equivalent as determined by the Board of Regents. This is comparable to the educational requirement that applicants for authorization to practice as occupational therapy assistants must currently comply with under section 76.7(b) of the Regulations of the Commissioner of Education.

(d) Costs to the regulatory agency: The proposed rule does not impose any additional costs to the Department beyond those imposed by statute. Any associated costs to the Department will be offset by fees charged to applicants and no significant cost will result to the Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule implements the requirements of Chapter 470 of the Laws of 2015, by establishing the standards for individuals to be licensed to practice as occupational therapy assistants to ensure that only those properly educated and prepared to be occupational therapy assistants hold themselves out as such. It does not impose any program, service, duty or responsibility upon local governments.

6. PAPERWORK:

The proposed rule imposes no new reporting or other paperwork requirements beyond those imposed by the statute.

7. DUPLICATION:

The proposed rule is necessary to implement Chapter 470 of the Laws of 2015. There are no other State or federal requirements on the subject matter of this proposed rule. Therefore, the proposed rule does not duplicate other existing State or federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to conform the Regulations of the Commissioner of Education to Chapter 470 of the Laws of 2015. There are no significant alternatives to the proposed rule and none were considered.

9. FEDERAL STANDARDS:

Since, there are no applicable federal standards for occupational therapy assistants, the proposed rule does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to Chapter 470 of the Laws of 2015. The proposed rule will become effective on May 18, 2016, which is the effective date of the statute. The proposed amendment does not impose any compliance schedules on regulated parties or local governments beyond the May 18, 2016 effective date.

Regulatory Flexibility Analysis

On November 20, 2015, Governor Cuomo signed into law Chapter 470 of the Laws of 2015, which, among other changes to the law, added a new section 7902-a to the Education Law to establish occupational therapy assistants as licensed professionals and restrict the use of the title of “occupational therapy assistant” to those individuals licensed as occupational therapy assistants. Chapter 470 of the Laws of 2015 also sets forth the requirements for licensure as an occupational therapy assistant and makes changes to the composition of the State Board for Occupational Therapy.

The proposed amendment to the Regulations of the Commissioner of Education is necessary to implement the provisions of Chapter 470 of the Laws of 2015. The proposed amendment provides that only a licensed or otherwise authorized person is permitted to practice as an occupational therapy assistant and use the title occupational therapy assistant. The proposed amendment further establishes the requirements for licensure as an occupational therapy assistant, which include, but are not limited to, education, experience, and examination requirements and conforms section 76.7 to Chapter 470 of the Laws of 2015. The proposed amendment provides that occupational therapy assistant students with limited permits to practice as exempt persons, pursuant to section 7906(4) of the Education Law, shall practice under the direction and supervision of an occupational therapist or a licensed occupational therapy assistant who is under the supervision of an occupational therapist. The proposed amendment also amends the definition of licensee to include occupational therapy assistants licensed to practice pursuant to section 7904-a of the Education Law. The proposed amendment also provides that, among other things, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period.

The statutory licensure requirements for applicants for licensure as occupational therapy assistants, which the proposed amendment implements, are comparable to requirements with which individuals seeking authorization to practice as occupational therapy assistants are currently required to comply under section 76.7 of the Regulations of the Commissioner of Education.

The proposed amendment will not impose any new reporting, recordkeeping, or other compliance requirements, or any adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule will apply to all individuals seeking licensure as occupational therapy assistants, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. Of the 3,881 occupational therapy assistants authorized and registered by the State Education Department, 825 occupational therapy assistants report their permanent address of record is in a rural county.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

As required by Chapter 470 of the Laws of 2015, the proposed rule establishes and codifies the requirements for licensure as an occupational therapy assistant which, include, but are not limited to, education, experience, and examination requirements. The licensure requirements of Chapter 470 of the Laws of 2015 are comparable to those that individuals seeking authorization to practice as occupational therapy assistants are currently required to comply with under section 76.7 of the Regulations of the Commissioner of Education.

Chapter 470 also provides for a grandparenting licensure pathway for individuals to qualify for a license as an occupational therapy assistant, without an examination, if they had a current registration on February 3, 2012 with the Department as an occupational therapy assistant and satisfy the specified education, experience, age, moral character and fee requirements for licensure.

The proposed amendment to subdivision (a) of section 76.6 of the Regulations of the Commissioner of Education codifies and defines the practice of an occupational therapy assistant and provides that only a person licensed or otherwise authorized is permitted to practice as an occupational therapy assistant and use the title occupational therapy assistant.

The proposed amendment to section 76.7 of the Regulations of the Commissioner of Education establishes the requirements for licensure as an occupational therapy assistant, which include, but are not limited to, education, experience, and examination requirements.

The proposed amendment to subdivision (a) of section 76.8 of the Regulations of the Commissioner of Education provides for written supervision plans for occupational therapy assistants, who are licensed or otherwise authorized to practice as occupational therapy assistants by providing occupational therapy and client related services under the direction and supervision of an occupational therapist or a licensed physician.

The proposed amendment to section 76.9 of the Regulations of the Commissioner of Education provides that occupational therapy assistant students with limited permits to practice as exempt persons, pursuant to section 7906(4) of the Education Law, practice under the direction and supervision of an occupational therapist or a licensed occupational therapy assistant who is under the supervision of an occupational therapist.

The proposed amendment to paragraph (3) of subdivision (a) of section 76.10 of the Regulations of the Commissioner of Education amends the definition of licensee to include occupational therapy assistants licensed pursuant to section 7904-a of the Education Law.

The proposed amendment to paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education provides that, inter alia, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period.

With the exception of individuals seeking licensure under the grandparenting licensure pathway, individuals seeking licensure to practice as occupational therapy assistants in New York State will be required to submit an application to the State Education Department and meet all the requirements for licensure, which include, but are not limited to, education, experience, and examination requirements specified in the proposed rule. Individuals seeking to work in New York State after completing all the requirements for licensure except the examination and/or experience requirements will be required to submit a limited permit application to the State Education Department.

The proposed rule will not impose any additional professional service requirements on entities in rural areas.

3. COSTS:

With respect to individuals seeking licensure as occupational therapy assistants from the State Education Department, including those in rural areas, the proposed rule does not impose any additional costs beyond those required by statute. As required by section 7904-a(f) of the Education Law, applicants for licensure as occupational therapy assistants must pay a fee for an initial license and a fee for each triennial registration period that is one-half of the fee for initial license and for each triennial registration period established for occupational therapists. Pursuant to section 7904(8) of the Education Law, applicants for licensure as occupational therapists must pay a fee of $140 to the Department for admission to a Department conducted examination and for an initial license, a fee of $70 for each re-examination, a fee of $115 for an initial license for persons not requiring admission to a Department conducted examination, and a fee of $155 for each triennial registration period. In addition, section 6507-a of the Education Law authorizes the Commissioner to impose a fifteen percent surcharge, rounded upward to the nearest dollar, on any professional registration fee imposed under Title VIII of the Education Law. Thus, pursuant to sections 7904(8), 7904-a(f) and 6507-a of the Education Law, applicants for licensure as occupational therapy assistants will pay a fee of $58 for an initial license and a fee of $89 for each triennial registration period. Applicants for licensure as occupational therapy assistants do not take a Department conducted examination. These fees for applicants for licensure as occupational therapy assistants are the same fees that applicants for authorization to practice as occupational therapy assistants are currently required to pay under section 76.7(g) of the Regulations of the Commissioner of Education.

The proposed amendment to paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education provides that, inter alia, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period. This is the same mandatory continuing competency fee that authorized occupational therapy assistants are currently required to pay.

Moreover, pursuant to Education Law section 7904-a(b), applicants for licensure as occupational therapy assistants will incur the cost of completion of a two-year associate degree program for occupational therapy assistants registered by the Department or accredited by a national accreditation agency which is satisfactory to the Department, or its substantial equivalent as determined by the Board of Regents. This is comparable to the educational requirement that applicants for authorization to practice as occupational therapy assistants must currently comply with under section 76.7(b) of the Regulations of the Commissioner of Education.

Therefore, based on the foregoing, the proposed rule does not impose any new or additional fees on or costs to applicants for licensure as occupational therapy assistants.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement the provisions of Chapter 470 of the Laws of 2015, which, inter alia, codifies and establishes the licensure requirements for occupational therapy assistants. These licensure requirements include, but are not limited to education, experience, and examination requirements. The statutory requirements do not make exceptions for individuals who live or work in rural areas. Thus, the State Education Department has determined that the proposed rule’s requirements should apply to all individuals seeking licensure as occupational therapy assistants, regardless of the geographic location to help insure continuing competency across the State. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

Comments on the proposed rule were solicited from statewide organizations representing all parties having an interest in the practice of occupational therapy. These organizations included the State Board for Occupational Therapy and the New York State Occupational Therapy Association, which represents occupational therapists and occupational therapy assistants. These groups have members that live, work or provide occupational therapy education in rural areas. These groups have been provided notice of the proposed rule making and opportunity to comment on the proposed amendment.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to implement statutory requirements in Chapter 470 of the Laws of 2015 and, therefore, the substantive provisions of the proposed amendment cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The State Education Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 16 of the Notice of Emergency Adoption and Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Job Impact Statement

The proposed rule is required to implement Chapter 470 of the Laws of 2015, which codifies the definition of occupational therapy assistant, requires at least one occupational therapist assistant to serve on the State Board for Occupational Therapy and establishes the procedure for obtaining an occupational therapy assistant license. The proposed amendment to subdivision (a) of section 76.6 of the Regulations of the Commissioner of Education provides that only a licensed or otherwise authorized person is permitted to practice as an occupational therapy assistant and use the title occupational therapy assistant. The proposed amendment to section 76.7 of the Regulations of the Commissioner of Education establishes the requirements for licensure as an occupational therapy assistant, which include, but are not limited to, education, experience and examination requirements, and conforms section 76.7 to Chapter 470 of the Laws of 2015. The proposed amendment to subdivision (a) of section 76.8 of the Regulations of the Commissioner of Education provides for written supervision plans for occupational therapy assistants, who are licensed or otherwise authorized to practice as occupational therapy assistants by providing occupational therapy and client related services under the direction and supervision of an occupational therapist or a licensed physician. The proposed amendment to section 76.9 of the Regulations of the Commissioner of Education provides that occupational therapy assistant students with limited permits to practice as exempt persons, pursuant to section 7906(4) of the Education Law, shall practice under the direction and supervision of an occupational therapist or a licensed occupational therapy assistant who is under the supervision of an occupational therapist. The proposed amendment to paragraph (3) of subdivision (a) of section 76.10 of the Regulations of the Commissioner of Education amends the definition of licensee to include occupational therapy assistants licensed to practice pursuant to section 7904-a of the Education Law. The proposed amendment to paragraph (1) of subdivision (j) of section 76.10 of the Regulations of the Commissioner of Education provides that, inter alia, those licensed to practice as occupational therapy assistants shall be subject to a $25 mandatory continuing competency fee at the beginning of each triennial registration period.

It is not anticipated that the proposed rule will increase or decrease the number of jobs to be filled because, among other things, the licensure requirements of Chapter 470 of the Laws of 2015 are comparable to the requirements with which individuals seeking authorization to practice as occupational therapist assistants are currently required to comply under section 76.7 of the Regulations of the Commissioner of Education. Chapter 470 also provides for a grandparenting licensure pathway for individuals to qualify for a license as an occupational therapy assistant, without an examination, if they had a current registration on February 3, 2012 with the Department as an occupational therapy assistant, and satisfy the specified education, experience, age, moral character and fee requirements for licensure.

The amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.