STATE OF NEW YORK
________________________________________________________________________
S. 4024 A. 5664
2013-2014 Regular Sessions
SENATE - ASSEMBLY
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:
1 Section 1. The education law is amended by adding a new section 7902-a
2 to read as follows:
3 § 7902-a. Practice of occupational therapy assistant and use of the
4 title "occupational therapy assistant." Only a person licensed or other-
5 wise authorized under this title shall participate in the practice of
6 occupational therapy as an occupational therapy assistant or use the
7 title "occupational therapy assistant." Practice as an occupational
8 therapy assistant shall include the providing of occupational therapy
9 and client related services under the direction and supervision of an
10 occupational therapist or licensed physician.
11 § 2. Section 7903 of the education law, as amended by chapter 460 of
12 the laws of 2011, is amended to read as follows:
13 § 7903. State board for occupational therapy. A state board for occu-
14 pational therapy shall be appointed by the board of regents on the
15 recommendation of the commissioner for the purpose of assisting the
16 board of regents and the department on matters of professional licensing
17 and professional conduct in accordance with section sixty-five hundred
18 eight of this title. The board shall be composed of not less than
19 [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
1 therapy assistant, one physician, and two members of the public who are
2 not licensed under this title. An executive secretary to the board shall
3 be appointed by the board of regents on recommendation of the commis-
4 sioner.
5 § 3. The education law is amended by adding a new section 7904-a to
6 read as follows:
7 § 7904-a. Requirements for license as an occupational therapy assist-
8 ant. To qualify for a license as an occupational therapy assistant an
9 applicant shall fulfill the following requirements:
10 (a) file an application with the department;
11 (b) have received an education as follows: completion of a two-year
12 associate degree program for occupational therapy assistants registered
13 by the department or accredited by a national accreditation agency which
14 is satisfactory to the department;
15 (c) have a minimum of sixteen weeks clinical experience satisfactory
16 to the state board for occupational therapy and in accordance with stan-
17 dards established by a national accreditation agency which is satisfac-
18 tory to the department;
19 (d) be at least eighteen years of age;
20 (e) be of good moral character as determined by the department;
21 (f) register triennially with the department;
22 (g) pay a fee for an initial license and a fee for each triennial
23 registration period that shall be one-half of the fee for initial
24 license and for each triennial registration period established for occu-
25 pational therapists; and
26 (h) except as otherwise provided by subdivision two of section seven-
27 ty-nine hundred seven of this article, pass an examination acceptable to
28 the department.
29 § 4. Subdivision 4 of section 7906 of the education law, as amended by
30 chapter 329 of the laws of 2012, is amended to read as follows:
31 (4) An occupational therapy assistant student from engaging in clin-
32 ical practice under the direction and supervision of an occupational
33 therapist or an occupational therapy assistant [who has obtained author-
34 ization pursuant to subdivision seven of this section, and] who is under
35 the supervision of an occupational therapist, as part of [an] a licensed
36 accredited occupational therapy assistant program, as defined by the
37 commissioner and in accordance with the commissioner's regulations.
38 § 5. Subdivision 7 of section 7906 of the education law is REPEALED
39 and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
40 § 6. Subdivision 2 of section 7907 of the education law, as added by
41 chapter 460 of the laws of 2011, is amended to read as follows:
42 (2) A person who on the effective date of [the] chapter four hundred
43 sixty of the laws of two thousand eleven which added this subdivision
44 has a current registration with the department as an occupational thera-
45 py assistant, if such person meets the requirements for [an authori-
46 zation] a license established within this article, except for examina-
47 tion, the department shall issue [an authorization] a license without
48 examination.
49 § 7. This act shall take effect immediately.
