S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7175

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in  relation  to  the  profession  of
  occupational therapy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  7905  of  the  education  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  AN  OCCUPATIONAL  THERAPY  ASSISTANT  WHO  HAS  GRADUATED FROM AN
ACCREDITED OCCUPATIONAL THERAPY ASSISTANT CURRICULUM WITH AN ASSOCIATE'S
DEGREE SATISFACTORY TO THE BOARD OF OCCUPATIONAL THERAPY AND IN  ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
  S  2.  The  opening  paragraph of subdivision 2 of section 7905 of the
education law, as amended by chapter 460 of the laws of 2011, is amended
to read as follows:
  A limited permittee shall be authorized to practice occupational ther-
apy, OR IN THE CASE OF A LIMITED PERMIT ISSUED PURSUANT TO PARAGRAPH (C)
OF SUBDIVISION ONE OF THIS SECTION, PRACTICE UNDER THE EXEMPTION  ESTAB-
LISHED PURSUANT TO SUBDIVISION SEVEN OF SECTION SEVENTY-NINE HUNDRED SIX
OF THIS ARTICLE, only under the direct supervision of a licensed occupa-
tional  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.
  S 3. Subdivision 4 of section 7906 of the education law, as amended by
chapter 460 of the laws of 2011, is amended to read as follows:
  (4)  An  occupational therapy assistant student from engaging in clin-
ical practice under the [direct] DIRECTION AND supervision of an occupa-
tional therapist OR AN OCCUPATIONAL THERAPY ASSISTANT WHO  HAS  OBTAINED
AUTHORIZATION  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND 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  commissioner's  regulations.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15620-01-2

S. 7175                             2

[Notwithstanding  anything  to  the contrary in this section, an occupa-
tional therapy assistant student shall be  permitted  to  work  with  an
occupational  therapy assistant, who has obtained authorization pursuant
to subdivision seven of this section, under the direct supervision of an
occupational therapist.]
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  contained  in  any  part  of this act shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment  shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  subdivision,  section  or  part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided, however, the commissioner of education and
the board of regents are authorized, prior to such  effective  date,  to
promulgate such rules and regulations as may be necessary for the timely
implementation of this act.