S T A T E   O F   N E W   Y O R K
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    S. 4024                                                  A. 5664

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 5, 2013
                               ___________

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

IN  ASSEMBLY -- Introduced by M. of A. GUNTHER -- read once and referred
  to the Committee on Higher Education

AN ACT to amend the education law, in relation to  occupational  therapy
  assistants, the state board for occupational therapy, license require-
  ments,  and  exceptions;  and repealing certain provisions of such law
  relating thereto

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

  Section 1. The education law is amended by adding a new section 7902-a
to read as follows:
  S  7902-A.  PRACTICE  OF OCCUPATIONAL THERAPY ASSISTANT AND USE OF THE
TITLE "OCCUPATIONAL THERAPY ASSISTANT." ONLY A PERSON LICENSED OR OTHER-
WISE AUTHORIZED UNDER THIS TITLE SHALL PARTICIPATE IN  THE  PRACTICE  OF
OCCUPATIONAL  THERAPY  AS  AN  OCCUPATIONAL THERAPY ASSISTANT OR USE THE
TITLE "OCCUPATIONAL THERAPY  ASSISTANT."  PRACTICE  AS  AN  OCCUPATIONAL
THERAPY  ASSISTANT  SHALL  INCLUDE THE PROVIDING OF OCCUPATIONAL THERAPY
AND CLIENT RELATED SERVICES UNDER THE DIRECTION AND  SUPERVISION  OF  AN
OCCUPATIONAL THERAPIST OR LICENSED PHYSICIAN.
  S  2.  Section 7903 of the education law, as amended by chapter 460 of
the laws of 2011, is amended to read as follows:
  S 7903. State board for occupational therapy. A state board for  occu-
pational  therapy  shall  be  appointed  by  the board of regents on the
recommendation of the commissioner for  the  purpose  of  assisting  the
board of regents and the department on matters of professional licensing
and  professional  conduct in accordance with section sixty-five hundred
eight of this title. The board  shall  be  composed  of  not  less  than
[seven]  SIX licensed occupational therapists, ONE LICENSED OCCUPATIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09043-03-3
              

S. 4024                             2                            A. 5664

THERAPY ASSISTANT, one physician, and two members of the public who  are
not licensed under this title. An executive secretary to the board shall
be  appointed  by  the board of regents on recommendation of the commis-
sioner.
  S  3.  The  education law is amended by adding a new section 7904-a to
read as follows:
  S 7904-A. REQUIREMENTS FOR LICENSE AS AN OCCUPATIONAL THERAPY  ASSIST-
ANT.  TO  QUALIFY  FOR A LICENSE AS AN OCCUPATIONAL THERAPY ASSISTANT AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) HAVE RECEIVED AN EDUCATION AS FOLLOWS:  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;
  (C) HAVE A MINIMUM OF SIXTEEN WEEKS CLINICAL  EXPERIENCE  SATISFACTORY
TO THE STATE BOARD FOR OCCUPATIONAL THERAPY AND IN ACCORDANCE WITH STAN-
DARDS  ESTABLISHED BY A NATIONAL ACCREDITATION AGENCY WHICH IS SATISFAC-
TORY TO THE DEPARTMENT;
  (D) BE AT LEAST EIGHTEEN YEARS OF AGE;
  (E) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT;
  (F) REGISTER TRIENNIALLY WITH THE DEPARTMENT;
  (G) 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 FOR OCCU-
PATIONAL THERAPISTS; AND
  (H) EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION TWO OF SECTION  SEVEN-
TY-NINE HUNDRED SEVEN OF THIS ARTICLE, PASS AN EXAMINATION ACCEPTABLE TO
THE DEPARTMENT.
  S 4. Subdivision 4 of section 7906 of the education law, as amended by
chapter 329 of the laws of 2012, is amended to read as follows:
  (4)  An  occupational therapy assistant student from engaging in clin-
ical practice under the direction and  supervision  of  an  occupational
therapist or an occupational therapy assistant [who has obtained author-
ization pursuant to subdivision seven of this section, and] who is under
the supervision of an occupational therapist, as part of [an] A LICENSED
accredited  occupational  therapy  assistant  program, as defined by the
commissioner and in accordance with the commissioner's regulations.
  S 5. Subdivision 7 of section 7906 of the education  law  is  REPEALED
and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
  S  6.  Subdivision 2 of section 7907 of the education law, as added by
chapter 460 of the laws of 2011, is amended to read as follows:
  (2) A person who on the effective date of [the] chapter  FOUR  HUNDRED
SIXTY  of  the  laws of two thousand eleven which added this subdivision
has a current registration with the department as an occupational thera-
py assistant, if such person meets the  requirements  for  [an  authori-
zation]  A  LICENSE established within this article, except for examina-
tion, the department shall issue [an authorization]  A  LICENSE  without
examination.
  S 7. This act shall take effect immediately.