This rule was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Occupational Therapy Practice Act Rule
DAR File No.: 39761
Filed: 09/21/2015 03:16:17 PM
As a result of statutory amendments to Title 58, Chapter 42a, which were passed in H.B. 194 and S.B. 131 during the 2015 General Session, the division and Occupational Therapy Licensing Board are proposing amendments to the rule. The purpose of this filing is to: 1) add and clarify definitions for specific therapies included in the 2015 statute amendments; 2) eliminate definitions that are no longer necessary; 3) identify the only approved accrediting body for occupational therapy education; 4) identify the only approved examination for licensure; 5) identify continuing education requirements for renewal or reinstatement of licensure; 6) update unprofessional conduct to include prohibition of therapies explicit in statute; 7) describe requirements for implementation of wound care therapy in order to ensure safe wound care practice and protection of the public; and 8) articulate the expectation that licensed professionals are expected to be competent in the therapies performed.
In Section R156-42a-102, definitions for "qualified continuing education," "manual therapy" and "wound care" were added based on specific inclusions to Title 58, Chapter 42a, as enacted by S.B. 131 during the 2015 General Session. Definitions for "general supervision" and "consult with the attending physician" were deleted. Specific language requiring general supervision and consultation with an attending physician were eliminated from Title 58, Chapter 42a. The definition for physical agent modalities was updated to be consistent with current national standards. Section R156-42a-302b is a new section added to clearly identify that the only approved accrediting body for educational programs is the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education. Section R156-42a-302d is a new section added to clearly identify that the only approved certification examination for licensure is the National Board for Certification in Occupational Therapy. Section R156-42a-304 is a new section added to identify the requirements for continuing education. Continuing education requirements for renewal or reinstatement of licensure were added to Title 58, Chapter 42a, during the 2015 General Session. In Section R156-42a-502, the definition of unprofessional conduct was: 1) updated to include management of wound care and use of manual therapy consistent with the 2015 legislative changes; and 2) updated to incorporate by reference the American Occupational Therapy Association Code of Ethics which was revised in 2015. Subsection R156-42a-601(2) adds a practice standard that requires occupational therapists to complete additional training to engage in wound care. Subsection R156-42a-601(3) adds a practice standard to require those licensed under Title 58, Chapter 42a, to demonstrate and document competency in the therapies they perform.
The division does not anticipate any additional costs or savings to the state budget beyond those detailed in the fiscal notes for S.B. 131 and H.B. 194 (2015).
The proposed amendments apply only to licensed occupational therapists and occupational therapist assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.
The division anticipates there are potential costs for small businesses employing licensees, if the business decides to offer continuing education as a benefit to employees. There are potential opportunities for small businesses to increase revenue if they offer qualified continuing education with a fee for service to licensees. Due to such a wide range of circumstances, the division is not able to determine any exact amount of costs or potential revenue.
The division anticipates there are potential opportunities for other persons to generate revenue if they offer qualified continuing education with a fee for service to licensees. Due to such a wide range of circumstances, the division is not able to determine any exact amount of potential revenue.
The proposed amendments apply only to licensed occupational therapists and occupational therapist assistants and applicants for licensure in those classifications. Licensees who seek renewal or reinstatement of licensure under Title 58, Chapter 42a, will be required to complete continuing education hours. Licensees will be responsible for any costs associated with obtaining and documenting completion of the required continuing education. The proposed amendments with respect to continuing education are broad and inclusive allowing the licensee flexibility in obtaining the continuing education, and many continuing education options may be available at low or no cost (e.g., online or through an employer) to the individual. Costs to the affected persons are difficult to estimate with any accuracy, but it is anticipated that most could meet the continuing education requirement for less than $100 per renewal cycle. Also, no costs are involved with regards to the update Code of Ethics as this document can be found on the American Occupational Therapy Association website at no cost.
As stated in the rule analysis, this filing responds to legislative action (S.B. 131 and H.B. 194, 2015), which introduced new terms into the regulatory scheme, thereby requiring definition. In addition, this filing clarifies standards for pre-licensing education, continuing education, and professional conduct. No fiscal impact to businesses is anticipated except in circumstances where a business chooses to offer educational programs to licensees or to pay education costs for employees. Any such impact cannot be estimated.
Francine A. Giani, Executive Director
Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316