Occupational Therapy

Education Law

Article 156 Occupational Therapy

§7900. Introduction.

This article applies to the profession of occupational therapy. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

§7901. Definition.

The practice of the profession of occupational therapy is defined as the functional evaluation of the client and the planning and utilization of a program of purposeful activities to develop or maintain adaptive skills, designed to achieve maximal physical and mental functioning of the patient in his or her daily life tasks. Such treatment program shall be rendered on the prescription or referral of a physician or nurse practitioner. However, nothing contained in this article shall be construed to permit any licensee hereunder to practice medicine or psychology, including psychotherapy.

§7902. Practice of occupational therapy and use of title "occupational therapist".

Only a person licensed or otherwise authorized to practice under this article shall practice occupational therapy or use the title "occupational therapist".

§7903. State board for occupational therapy.

A state board for occupational 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 licensed occupational therapists, and two additional members who shall include one physician and one member who is primarily and actively engaged in hospital administration. Members of the first board, who are occupational therapists, need not be licensed prior to their appointment to the board. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner.

§7904. Requirements for a professional license.

To qualify for a license as an occupational therapist, an applicant shall fulfill the following requirements:

1. File an application with the department.
2. Have satisfactorily completed an approved occupational therapy curriculum in a baccalaureate or masters program, or a certificate program satisfactory to the department which is substantially equivalent to a baccalaureate degree program, in accordance with the commissioner of education's regulations.
3. Have a minimum of six months of supervised occupational therapy experience which supervision and experience shall be satisfactory to the board of occupational therapy and in accordance with the commissioner's regulations.
4. Pass an examination satisfactory to the board of occupational therapy and in accordance with the commissioner's regulations.
5. Be at least twenty-one years of age.
6. Meet no requirements as to United States citizenship.
7. Be of good moral character as determined by the department.
8. Fees: pay a fee of one hundred forty dollars to the department for admission to a department conducted examination and for an initial license, a fee of seventy dollars for each re-examination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period.

§7905. Limited permits.

Permits limited as to eligibility, practice, and duration, shall be issued by the department to eligible applicants, as follows:

1. The following persons shall be eligible for a limited permit:
   
   
   1. An occupational therapist who has graduated from an occupational therapy curriculum with a baccalaureate degree or certificate in occupational therapy which is substantially equivalent to a baccalaureate degree satisfactory to the board of occupational therapy and in accordance with the commissioner's regulations; or
   2. A foreign occupational therapist who is in this country on a non-immigration visa for the continuation of occupational therapy study, pursuant to the exchange student program of the United States Department of State.
      
      
2. A permittee shall be authorized to practice occupational therapy only under the supervision of a licensed occupational 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.
3. A limited permit shall be valid for one year. It may be renewed once for a period not to exceed one additional year, at the discretion of the department, upon the submission of an explanation satisfactory to the department for an applicant's failure to become licensed within the original one-year period. A limited permit shall become null and void if and when the holder thereof fails to pass a licensing examination.
4. The fee for a limited permit shall be seventy dollars.

§7906. Exempt persons.

This article shall not be construed to affect or prevent the following, provided that no title, sign, card or device shall be used in such manner as to tend to convey the impression that the person rendering such service is a licensed occupational therapist:

1. A licensed physician from practicing his profession as defined under article one hundred thirty-one and article one hundred thirty-one-A, as added by chapter eleven hundred thirty-five of the laws of nineteen hundred seventy-one, respectively.
2. Qualified members of other licensed or legally recognized professions from performing work incidental to the practice of their profession, except that such persons may not hold themselves out under the title occupational therapist or as performing occupational therapy.
3. A student from engaging in clinical practice as part of an accredited program in occupational therapy, pursuant to subdivision three of section seventy-nine hundred four of this article.
4. The care of the sick by any person, provided such person is employed primarily in a domestic capacity. This shall not authorize the treatment of patients in a home care service of any hospital, clinic, institution or agency.
5. An employee of a federal agency from using the title of practicing as an occupational therapist insofar as such activities are required by his salaried position and the use of such title shall be limited to such employment.
6. The following people from working under the direct supervision of a licensed occupational therapist or a licensed physician:

   Occupational therapy assistants certified by the commissioner as having successfully completed a program for occupational therapy assistants in accordance with the commissioner's regulations. However, in the case of those working under a licensed physician such exemption shall apply only in a public, voluntary or proprietary hospital or health or home care agency. All such certified occupational therapy assistants shall register with the education department in accordance with regulations of the commissioner. The fee for such certification shall be forty-five dollars. The registration fee shall be fifty dollars for each triennial registration period.

7. The following people from working under the direct supervision of a licensed occupational therapist:

   An individual employed by the state or municipal government at the effective date of this act who performs supportive services in occupational therapy solely for the time such person continues in that employment.

8. Any occupational therapist who is licensed in another state, United States possession or country or who has received at least a baccalaureate degree or its equivalent in occupational therapy and who is either in this state for the purposes of (a) consultation, provided such practice is limited to such consultation; or (b) an occupational therapist authorized to practice in another state or country from conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education or post graduate education in an approved school of occupational therapy or its affiliated clinical facility or health care agency or before a group of licensed occupational therapists; or (c) because he resides near a border of this state, provided such practice is limited in this state to the vicinity of such border and said occupational therapist does not maintain an office or place to meet patients or receive calls in this state.

§7907. Special conditions.

A person who on the effective date of this act:

1. submits evidence of a minimum of three years experience with training satisfactory to the board in occupational therapy and in accordance with the regulations of the commissioner; or
2. a baccalaureate degree or its equivalent in occupational therapy, shall be licensed upon the filing of an application with the department of education within six months of the effective date of this act.