Test Your Knowledge of Law and Practice

Introduction

The following questions represent a sample of the Education Law, Articles 130 and 156, the Regulations of the Commissioner of Education, Part 76, and the Rules of the Board of Regents, Part 29. It is your professional responsibility to know the legal requirements governing the practice of your profession and to be alert to changes in those requirements. This test is intended to provide you with a measure of your working knowledge of those requirements. Answers are provided on the last page.

  • A score of 26 is perfect and indicates you have a satisfactory understanding of law, rules and regulation
  • A score of 19-25 is good, but indicates which areas of law, rule, or regulation to read over.
  • A score of 15-18 is borderline and indicates a need to study the law, rule and regulation more thoroughly.
  • A score below 14 indicates that you have an unacceptable understanding of law, rules and regulation pertaining to the profession of Occupational Therapy.

Remember: To practice lawfully, you must know the legal requirements pertaining to your profession.

If you have any questions about the information contained in this test or in the law, regulation, or rules pertaining to occupational therapy, please contact the State Board Office at 518-474-3817 ext. 100 or e-mail us at otbd@mail.nysed.gov.


Questions

  1. Pursuant to Education Law, Article 130 section 6502, in order to practice occupational therapy or use a professional title in New York State, a licensee must be registered as well as licensed with the New York State
    a. Education Department
    b. Health Department
    c. Office of Professional Discipline
    d. Worker's Compensation Board

  2. Pursuant to Education Law, Article 130, section 6502, a license shall be valid during the life of the holder unless
    a. the Board or Regents revokes, annuls or suspends the license
    b. the Education Department files charges against the licensee
    c. the licensee moves without proper notification
    d. the licensee practices less than one day per month

  3. Education Law, Article 130, section 6505(a) permits professional associations to make referrals without liability or cause of action for damages. Which one of the following conditions is incorrect regarding that section?
    a. the referral is made to a member of the profession represented by that association
    b. the fee for the referral is considered reasonable
    c. the referral is made without malice
    d. there is reasonable belief the referral is warranted

  4. With regard to patient records, the Rules of the Board of Regents, Part 29.2(a)(3) require all licensed health professionals to
    a. retain a patient's records for 6 years and maintain the records of a minor for 6 years and until one year after the minor's 21st birthday
    b. retain all records, including prescriptions, for a period of 7 years
    c. retain a patient's records for 7 years and maintain a minor's records until discharge
    d. retain all records, prescriptions and test protocols for a period of 7 years

  5. To charge an occupational therapist or occupational therapy assistant with professional misconduct in New York State, one must file a formal complaint with the New York State
    a. Office of the Attorney General
    b. Health Department, Office of Professional Medical Conduct
    c. Education Department, Office of Professional Discipline
    d. Insurance Department

  6. In order to perform an occupational therapy evaluation, an occupational therapist first needs a physician's prescription or referral
    a. true
    b. false
    c. TEST
    d. TEST

  7. Pursuant to Education Law, Article 130, section 6509, any licensee found guilty of refusing to provide professional service to a person because of such person's race, creed, color, or national origin has committed
    a. a violation of the legal scope of practice
    b. fraudulent advertising
    c. professional misconduct
    d. gross negligence

  8. Pursuant to the Regulations of the Commissioner of Education, Part 76.7(c), a treatment program may include all of the following except
    a. a therapeutic use of goal-directed activities, exercises, or techniques to maximize the client's physical and/or mental functioning in life tasks
    b. modalities based on sensory integrative approaches
    c. the use of roentgen rays
    d. a treatment plan related to physical skills

  9. Pursuant to Education Law, Article 156, section 7906, the only individuals not permitted to practice occupational therapy in New York State without a license are
    a. occupational therapy aides
    b. New York State licensed physicians
    c. students enrolled in an accredited occupational therapy college clinical program
    d. occupational therapy assistants certified by the New York State Education Department

  10. Pursuant to Education Law, Article 156, section 7904, which one of the following is not currently required for occupational therapy licensure
    a. satisfactory completion of an approved occupational therapy curriculum
    b. being of good moral character
    c. filing an application with the New York State Education Department
    d. completing 30 hours of approved continuing education every three years

  11. Pursuant to the Rules of the New York State Board of Regents, Part 29.1(b), unprofessional conduct includes all of the following except
    a. failing to make available to a patient upon request, copies of documents paid for by that patient
    b. accepting and performing professional responsibilities the licensee knows s/he is not competent to perform
    c. giving or receiving a fee to or from a third party for the referral of a patient
    d. sharing professional fees with a partner, employee, associate in a professional corporation, or professional consultant authorized to practice the same profession

  12. Pursuant to the Rules of the New York State Board of Regents, Part 29.2(a), unprofessional conduct includes all the following except
    a. failing to maintain a record of each patient
    b. using the word "Doctor" in offering to perform professional services without also including the profession in which the licensee holds a doctorate
    c. guaranteeing that satisfaction will result from the performance of professional services
    d. charging patients unreasonable high fees for services

  13. Pursuant to Education Law, Article 130, section 6509, which one of the following does not constitute professional misconduct?
    a. advertising a range of prices for specified routine professional services for a given time period
    b. being convicted of a crime under Federal law
    c. practicing while impaired by alcohol, drugs, or physical or mental disability
    d. willfully failing to notify the Department of any change of name or mailing address

  14. In New York State, a licensed occupational therapist may employ an aide to perform all of the following functions except
    a. preparation and maintenance of the therapy area
    b. preparation of equipment
    c. transportation of patients
    d. range of motion

  15. An occupational therapist may not be employed to provide occupational therapy services in
    a. a school
    b. an occupational therapy professional corporation
    c. a general business corporation
    d. a hospital

  16. An occupational therapist may not provide therapy on the referral or prescription of
    a. a podiatrist
    b. a physician
    c. a nurse practitioner
    d. a psychiatrist

  17. An occupational therapy professional corporation may not employ
    a. a licensed occupational therapist
    b. a licensed physical therapist
    c. a licensed occupational therapy assistant
    d. a graduate of an occupational therapy program with a limited permit

  18. One of the requirements to practice as an occupational therapy assistant in New York State is passing the national certification examination.
    a. true
    b. false
    c. TEST
    d. TEST

  19. An occupational therapist may supervise an aide in the provision of therapy
    a. if the aide is providing a program of maintenance
    b. where there is a documented shortage of occupational therapists and occupational therapy assistants
    c. if the aide has two years experience
    d. never

  20. A limited permit to practice occupational therapy is automatically void if and when the permittee fails a licensing examination.
    a. true
    b. false
    c. TEST
    d. TEST

  21. Pursuant to the Rules of the New York State Board of Regents, Part 29.2(a), occupational therapy professionals are required to:
    a. wear appropriate protective gloves when touching body fluids
    b. sterilize equipment and devices, including toys, that touch mucous membranes
    c. clean, by the use of appropriate agents, equipment and devices which do not touch the patient or that only touch the intact skin of the patent
    d. all of the above
    e. a. and b.

  22. Occupational therapists need to wear an identification badge when providing occupational therapy services in a health care setting.
    a. True
    b. False

  23. With regard to supervision of occupational therapy assistants, which one of the following is required?
    a. Occupational therapy assistants are required to be supervised continuously when on site
    b. The minimum amount of time required for supervision is 5 hours per week
    c. The supervisor must meet with, observe, review treatment plans, and foster professional development of the occupational therapy assistant
    d. Off site supervision of occupational therapy assistants requires 3 hours of supervision per week

  24. The purpose of the State Board for Occupational Therapy is to
    a. conduct investigations into misconduct
    b. register or approve educational programs
    c. assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
    d. review qualifications of all candidates for licensure.

  25. Which of the following is a New York State licensed professional required to do?
    a. notify the State Education Department every time a parking ticket is received
    b. retain all treatment records for a minimum of 10 years
    c. notify the State Education Department within 30 days of a change in name or address
    d. complete 10 hours of continuing competency courses each year

  26. The New York State Office of Child and Family Services maintains a statewide Central Register of Child Abuse and Maltreatment for reports made pursuant to the Social Services Law. Among those who are mandated to make reports are
    a. school officials
    b. residential care workers
    c. hospital personnel engaged in the treatment of persons
    d. all of the above




You correctly answered of the entire set of 26 questions.

Overall percentage:


Last Updated: July 10, 2009