Occupational Therapy

Frequently Asked Questions

1. The scope of practice for the profession of occupational therapy is defined in the law. Does that mean that I can do everything that falls within the legal scope of practice of my profession?
   
   Answer: Part 29 of the Rules of the Board of Regents requires that licensees practice within their personal scope of competence. If you are not competent to provide a service that you are legally allowed to provide, then you may not provide that service. As a licensed professional, it is your responsibility to practice within the scope of your abilities and expertise. If you practice outside your personal scope of competence, you can be charged with professional misconduct.
   
   
2. If I am unsure about whether something falls within my legal scope of practice, how can I find out?
   
   Answer: You can write to:

   The New York State Education Department
   Office of the Professions
   State Board for Occupational Therapy
   89 Washington Avenue, 2nd Floor, West Wing
   Albany, New York 12234-1000
   Phone: 518-474-3817 ext. 100
   Fax: 518-486-4846
   E-mail: otbd@mail.nysed.gov

3. What is the appropriate use of titles by occupational therapists and occupational therapy assistants?
   
   Answer: New York State licenses occupational therapists and certifies occupational therapy assistants. Since an occupational therapist must pass the national certification examination to become licensed, almost all licensed occupational therapists hold the designation "OTR." It is common practice for these individuals to sign their names using the title "OTR/L," where the "R" refers to national certification and the "L" refers to state licensure. However, there is no requirement in New York State that licensed occupational therapists be registered nationally. Licensed occupational therapists who are not nationally registered would use the title "OT/L." In addition, occupational therapy assistants need not be certified nationally but must be certified by the New York State Education Department. New York does not require occupational therapy assistants to pass the national certification examination. Most occupational therapy assistants do, however, take and pass the national certification exam and, as a result, generally use the title "COTA" where the "C" refers to national certification. Occupational therapy assistants who are New York State certified but who do not hold national certification should not use the title "COTA," but, rather, "OTA." Individuals working with a limited permit in occupational therapy may only indicate the degree awarded, e.g., "MS/OT."
   
   
4. Must I wear an identification badge when I am providing occupational therapy services in a healthcare setting?
   
   Answer: You must wear an identification badge indicating your name and your professional title if you are practicing as an employee or operator of a hospital, clinic, group practice or multi professional facility, or at a commercial establishment offering health services to the public.
   
   
5. How long must I maintain patient records?
   
   Answer: All patient records must be kept for six years. Records for children must be kept until the child is 22, even if that means keeping the records for more than six years.
   
   
6. As a currently registered New York State certified occupational therapy assistant, may I perform occupational therapy evaluations?
   
   Answer: Occupational therapy assistants are defined in Education Law, Article 156, Section 7906(6), as exempt from licensure in occupational therapy and, therefore, may practice anything within the scope of practice of occupational therapy. Because occupational therapy assistants as a rule have not demonstrated competence to perform evaluations, they generally do not perform them. All licensed individuals must practice within their personal scope of competence (see question 1). However, the supervisor may delegate performing an evaluation to the occupational therapy assistant if the occupational therapy assistant has demonstrated competence to perform evaluations.
   
   
7. How much supervision must be provided for occupational therapy assistants?
   
   Answer: Education Law requires that occupational therapy assistants work under direct supervision. The law does not require continuous on-site supervision, and currently, there is no specified minimum amount of time that must be spent in supervision. However, it is the responsibility of the supervisor to provide the amount and type of supervision necessary for appropriate patient care and the development of the occupational therapy assistant's skills.
   
   
8. May I use an "aide" to provide occupational therapy services?
   
   Answer: New York State law restricts the practice of occupational therapy to licensed professionals. Individuals who are not licensed may not provide occupational therapy services. People who are employed to assist occupational therapists in such activities as cleaning equipment, preparing a room for therapy, or performing secretarial duties should not be referred to as "occupational therapy aides" as this term may be misleading to the public.
   
   
9. May a general business corporation employ occupational therapists and/or occupational therapy assistants?
   
   Answer: Only a person licensed or otherwise exempt may practice occupational therapy or use the title "occupational therapist." There is no exemption for a general business corporation to either use the title "occupational therapist" or practice occupational therapy. Inasmuch as a general business corporation acts through its employees, no employee of a general business corporation may offer occupational therapy services to the public or hold out as practicing occupational therapy. (See additional information regarding corporate or other business entity structures.)