Occupational Therapy

Regulations of the Commissioner

Part 76, Occupational Therapy

§76.1 Professional study of occupational therapy.

To meet the professional education requirement for licensure in this State, the applicant shall present evidence of:

1. a bachelor's or master's degree in occupational therapy from a program registered by the department or accredited by a national accreditation agency which is satisfactory to the department; or
2. a certificate in occupational therapy from a program registered by the department or accredited by a national accreditation agency which is satisfactory to the department following the completion of a bachelor's degree from an institution acceptable to the department; or
3. completion of a program satisfactory to the department of not less than four years of postsecondary study which includes the professional study of occupational therapy and which culminates in the degree or diploma accepted by the civil authorities of the country in which the studies were completed as preparation in occupational therapy in that country.

§76.2 Supervised experience.

1. The six months of full-time supervised experience in occupational therapy may be completed as part of the basic program described in section 76.1 of this Part. Full-time experience not completed as part of an approved program shall be under the supervision of a licensed occupational therapist.
2. For candidates who have accumulated other than full-time supervised experience, part-time experience may be counted if it is obtained at the rate of at least two full days per week (minimum of 15 hours) and for continuous periods of not less than two months for an accumulated total of six months.

§76.3 Licensing examinations.

The department may accept grades satisfactory to the State Board for Occupational Therapy on the certificate examination of the American Occupational Therapy Association, which may be used in whole or in part.

§76.4 Limited permits.

Limited permits issued or renewed pursuant to Education Law, section 7905, shall also be subject to the following requirements:

1. The applicant shall submit satisfactory evidence of completion of a registered program in occupational therapy, or the substantial equivalent of a registered program.
2. Limited permits may be renewed once for a period not to exceed one year at the discretion of the department because of personal or family illness or other extenuating circumstances which prevented the permittee from becoming licensed, provided that the permittee has not failed the licensing examination in occupational therapy.

§76.5 Professional study for occupational therapy assistant.

To meet the professional education requirements for certification, the applicant shall present evidence of:

1. 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; or
2. completion of a postsecondary program in occupational therapy satisfactory to the department and of at least two years' duration.

§76.6 Supervision of occupational therapy assistant.

The direct supervision required by section 7906(6) of the Education Law shall include meeting with and observing the occupational therapy assistant on a regular basis to review the implementation of treatment plans and to foster professional development.

§76.7 Definition of occupational therapy practice.

1. A functional evaluation within the meaning of Education Law, section 7901 may include screening, observing, consulting, administering and/or interpreting standardized and non-standardized assessment tools, and simulating and analyzing activities or environments for the purpose of:
   
   
   1. assessing levels of functional abilities and deficits resulting from developmental deficit, injury, disease or any limiting condition; and/or
   2. identifying areas of function and dysfunction in daily life tasks; and/or
   3. determining the need for and the types of initial and/or subsequent occupational therapy.
   
   
2. Purposeful activity is defined as goal-directed behavior aimed at the development of functional daily living skills in the categories of self-care, work, homemaking or play/leisure.
3. A treatment program within the meaning of Education Law, section 7901 shall be consistent with the statutory scope of practice and may:
   
   
   1. Include the therapeutic use of goal-directed activities, exercises, or techniques to maximize the client's physical and/or mental functioning in life tasks. Treatment is directed toward maximizing functional skill and task-related performance for the development of a client's vocational, avocational, daily living or related capacities.
   2. Relate to physical, perceptual, sensory, neuromuscular, sensory-integrative, cognitive or psychosocial skills.
   3. Include, where appropriate for such purposes, and under appropriate conditions, modalities and techniques based on approaches taught in an occupational therapy curriculum and included in a program of professional education in occupational therapy registered by the department, and consistent with areas of individual competence. These approaches are based on:
      
      
      1. The neurological and physiological sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:
         
         
         1. sensory integrative approaches;
         2. developmental approaches;
         3. sensorimotor approaches;
         4. neurophysiological treatment approaches;
         5. muscle reeducation;
         6. superficial heat and cold; or
         7. cognitive and perceptual remediation.
         
         
      2. The behavioral and social sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:
         
         
         1. behavioral principles;
         2. work-related programs and simulation;
         3. group dynamics and process; or
         4. leisure/avocational activities.
         
         
      3. The biomechanical sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:
         
         
         1. passive, active assistive, and active range of motion;
         2. muscle strengthening and conditioning;
         3. positioning;
         4. participation in design, fabrication, and/or application, and patient education related to orthotics and adaptive equipment;
         5. evaluation of appropriateness, participation in design concept, application and patient education related to prosthetics;
         6. daily life tasks;
         7. adapting the client's environment; or
         8. work-related programs.
         
         
4. Any treatment program described in this regulation shall be rendered on the prescription or referral of a physician. In accordance with section 7901 and articles 131 and 153 of the Education Law, nothing contained in this regulation shall be construed to permit any licensee hereunder to engage in the practice of medicine or psychology, including psychotherapy.