To authorize the conferral in New York State of the degree of Doctor of Occupational Therapy (O.T.D.).
Text of proposed rule:
1. Paragraph (2) of subdivision (d) of section 3.47 of the Rules of the Board of Regents is amended, effective October 7, 2015, as follows:
(2) Professional degrees. Graduate professional degree programs must be comprised of advanced studies in professional or vocational fields. While they may have strong theoretical underpinnings, they must have as their primary purpose knowledge for application in professional practice. Master's degree programs of this type are primarily terminal in nature. They may serve as preparation for advanced studies at the doctoral level, but they shall not be designed primarily for this purpose. The doctorate in such studies is likewise practical, insofar as it prepares the student to train or supervise others in the field, to discover new knowledge that has practical application in the field, or to prepare the student for a life of practice in the student’s particular profession. Only the following degrees may be conferred upon the completion of a professionally oriented graduate program:
Bachelor of Divinity (B.D.)
Bachelor of Laws (LL.B.)
--------Engineer (-- -- E.)
Master of Architecture (M.Arch.)
Master of Arts in Teaching (M.A.T.)
Master of Business Administration (M.B.A.)
Master of Comparative Jurisprudence (M.C.J.)
Master of Comparative Law (M.C.L.)
Master of Divinity (M.Div.)
Master of Education (Ed.M. or M.Ed.)
Master of Engineering (M.E.)
Master of Fine Arts (M.F.A.)
Master of Food Science (M.F.S.)
Master of Forestry (M.F.)
Master of Health Administration (M.H.A.)
Master of Hebrew Literature (M.H.L.)
Master of Industrial and Labor Relations (M.I.L.R.)
Master of Industrial Design (M.I.D.)
Master of International Affairs (M.I.A.)
Master of Landscape Architecture (M.L.A.)
Master of Laws (LL.M.)
Master of Library Science (M.L.S.)
Master of Management in Hospitality (M.M.H.)
Master of Music (Mus.M.)
Master of Nutritional Science (M.N.S.)
Master of Physical Therapy (M.P.T.)
Master of Professional Studies (M.P.S.)
Master of Public Administration (M.P.A.)
Master of Public Health (M.P.H.)
Master of Regional Planning (M.R.P.)
Master of Religious Education (M.R.E.)
Master of Sacred Music (S.M.M.)
Master of Sacred Theology (S.T.M.)
Master of Science for Teachers (M.S.T.)
Master of Science in Education (M.S. in Ed.)
Master of Science in Pharmacy (M.S. in Pharm.)
Master of Social Science (M.S.Sc.)
Master of Social Work (M.S.W.)
Master of Studies in Law (M.S.L.)
Master of Theology (Th.M.)
Master of Urban Planning (M.U.P.)
Doctor of Acupuncture and Oriental Medicine (D.A.O.M)
Doctor of Arts (D.A.)
Doctor of Audiology (Au.D.)
Doctor of Chiropractic (D.C.)
Doctor of Dental Surgery (D.D.S.)
Doctor of Education (Ed.D.)
Doctor of Engineering (D.Eng.)
Doctor of Engineering Science (Eng.Sc.D.)
Doctor of Hebrew Literature (D.H.L.)
Doctor of Juridical Science (S.J.D.)
Doctor of Law (J.D.)
Doctor of Library Science (L.S.D.)
Doctor of Medical Science (Med. Sc.D.)
Doctor of Medicine (M.D.)
Doctor of Ministry (D.Min.)
Doctor of Musical Arts (D.M.A.)
Doctor of Nursing Practice (D.N.P.)
Doctor of Nursing Science (D.N.S.)
Doctor of Occupational Therapy (O.T.D.)
Doctor of Optometry (O.D.)
Doctor of Osteopathic Medicine (D.O.)
Doctor of Pharmacy (Pharm.D.)
Doctor of Podiatric Medicine (D.P.M.)
Doctor of Physical Therapy (D.P.T.)
Doctor of Professional Studies (D.P.S.)
Doctor of Psychology (Psy.D.)
Doctor of Public Administration (D.P.A.)
Doctor of Public Health (D.P.H.)
Doctor of Religious Education (D.R.E.)
Doctor of Sacred Music (S.M.D.)
Doctor of Science in Veterinary Medicine (D.Sc. in V.M.)
Doctor of Social Science (D.S.Sc.)
Doctor of Social Welfare (D.S.W.)
Doctor of the Science of Law (J.S.D.)
Doctor of Theology (Th.D.)
Doctor of Veterinary Medicine (D.V.M.)
2. Paragraph (37) of subdivision (b) of section 3.50 of the Rules of the Board of Regents is added, effective October 7, 2015, as follows:
(37) Occupational Therapy:
Doctor of Occupational Therapy (O.T.D.)
Text of proposed 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, (518) 474-6400, email: legal@nysed.gov
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, (518) 486-1765, email: opdepcom@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rulemaking authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 210 of the Education Law grants to the Board of Regents the authority to register domestic and foreign institutions in terms of New York standards.
Section 214 of the Education Law provides that the institutions of The University of the State of New York shall include all secondary and higher educational institutions which are or may be incorporated in the state, and grants authority to the Board of Regents to exclude from such membership any institution failing to comply with law or with any rule of the university.
Section 215 of the Education Law grants authority to the Board of Regents, Commissioner of Education, or their representatives, to visit and inspect any institution in The University of the State of New York or under the educational supervision of the state, and to require reports and information as prescribed. For refusal or continued neglect to make a required report, or for violation of any law or any rule of the university, the Board of Regents may suspend the charter, rights and privileges of such institution.
Subdivision (1) of section 218 of the Education Law prohibits an institution from conferring any degree not specifically authorized by its charter.
Subdivision (4) of section 224 of the Education Law provides that no diploma or degree shall be conferred in this State except by a regularly organized institution of learning meeting all requirements of the law and of The University of the State of New York, and prohibits an individual from appending to his or her name any letters in the same form registered by the Board of Regents as signifying a degree unless that person has received such degree.
Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to enforce all laws relating to the educational system of the State and execute all educational policies determined by the Board of Regents.
Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools and institutions subject to the Education Law.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative intent of the aforementioned statutes that the Regents establish rules for carrying into effect the educational policies of the State by establishing a new degree title that may be conferred by authorized colleges and universities in New York State.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment is to authorize the conferral in New York State of the degree, Doctor of Occupational Therapy (O.T.D.). The proposed amendment arose from a request to confer this degree by one of the institutions of higher education in New York.
The O.T.D. degree is recognized by the Accreditation Council for Occupational Therapy Education (ACOTE) and is an authorized degree in 26 states, which include California, Connecticut, Florida, Georgia, Massachusetts, Pennsylvania, and Virginia. Adding this degree will benefit occupational therapy students and practitioners in New York by affording them the opportunity to earn a doctoral level degree. The O.T.D. degree in New York will expand practitioners’ access to higher level research and lifelong learning, which ultimately translates to better client care in the profession. Because the O.T.D. degree is a new degree in New York, it is necessary to amend sections 3.47 and 3.50 of the Rules of the Board of Regents related to requirements for earned degrees and registered degrees. The State Board for Occupational Therapy supports the authorization of this new degree title.
4. COSTS:
The amendment simply adds a new degree option and imposes no costs on any parties.
(a) Costs to State government. These amendments will not impose any additional costs on State government.
(b) Costs to local government. None.
(c) Costs to private regulated parties. The proposed amendments will not impose any additional costs on private regulated parties.
(d) Costs to the regulatory agency. The proposed amendments will not impose additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty, or responsibility on local governments.
6. PAPERWORK:
There are no new forms, reporting requirements, or additional recordkeeping associated with the proposed amendment.
7. DUPLICATION:
The proposed amendment does not duplicate any existing State or federal requirements.
8. ALTERNATIVES:
The amendment arose from the request of a New York college to confer the O.T.D. degree. The proposed amendments are permissive in nature and only apply to colleges and universities that want to confer O.T.D. degree. Because of the permissive nature of the proposed amendments, no alternatives were considered.
9. FEDERAL STANDARDS:
No Federal standards apply to the subject matter of this rule making. The Federal government does not regulate the titles of degrees which may be conferred by postsecondary institutions in New York State.
10. COMPLIANCE SCHEDULE:
If adopted at the September 2015 Regents meeting, the proposed amendment will be effective on October 7, 2015.
Regulatory Flexibility Analysis
The proposed amendment authorizes the conferral of a new degree, Doctor of Occupational Therapy (O.T.D.). None of the institutions in New York State that may seek to confer this degree are small businesses.
The amendment will not affect small businesses or local governments in New York State. The measure will not impose any adverse economic impact, reporting, recordkeeping, or any other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required, and one was not prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment will apply to colleges and universities authorized to award degrees in New York State, including such institutions located in the state’s 44 rural counties with fewer than 200,000 inhabitants and 71 towns in urban counties with a population density of 150 per square mile or less. There are 271 degree-granting institutions in the State, including 64 campuses and community colleges in the State University of New York, 19 senior and community colleges of The City University of New York (CUNY), 148 independent colleges and universities, and 39 proprietary colleges. Excluding CUNY's 19 campuses leaves 252 degree-granting institutions, of which 62 (24.6 percent) are located in rural areas.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment authorizes the conferral in New York State of the degree, Doctor of Occupational Therapy (O.T.D.). These amendments will not impose any reporting, recordkeeping, or other compliance requirements on degree-granting institutions. No professional services will be needed to comply with the proposed amendments.
3. COSTS:
The proposed amendment will not impose any costs on degree-granting institutions, including those located in rural areas.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment offers authorized New York colleges and universities the opportunity to confer a new degree title. The proposed amendment relates solely to degree titles and abbreviations. Because of the permissive nature of the proposed amendment, different standards or an exemption for rural areas were not necessary. The proposed amendment will have no adverse impact on public or private parties in rural areas.
5. RURAL AREAS PARTICIPATION:
The State Board for Occupational Therapy, which includes representatives from rural areas of the State, supports the proposed amendment. In addition, all New York colleges and universities that offer registered programs in occupational therapy, including those located in rural areas of the State, were asked to comment on the proposed amendment.
Job Impact Statement
The proposed amendment authorizes the conferral of a new degree, Doctor of Occupational Therapy (O.T.D.). Because it is evident from the nature of the proposed amendment that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement was not required, and one was not prepared.
