Test Your Knowledge of Law and Practice
- 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
- Education Department
- Health Department
- Office of Professional Discipline
- Worker's Compensation Board
a. The New York State Education Department is authorized by law to regulate occupational therapy and 43 other licensed professions.
- Pursuant to Education Law, Article 130, section 6502, a license shall
be valid during the life of the holder unless
- the Board or Regents revokes, annuls or suspends the license
- the Education Department files charges against the licensee
- the licensee moves without proper notification
- the licensee practices less than one day per month
a. Only the Regents may revoke, annul, or suspend a license (or it is surrendered voluntarily by the licensee).
- 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
- the referral is made to a member of the profession represented by that association
- the fee for the referral is considered reasonable
- the referral is made without malice
- there is reasonable belief the referral is warranted
b. Education Law does not permit the offering or receiving of any compensation for referrals of patients.
- With regard to patient records, the Rules of the Board of Regents, Part
29.2(a)(3) require all licensed health professionals to
- 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
- retain all records, including prescriptions, for a period of 7 years
- retain a patient's records for 7 years and maintain a minor's records until discharge
- retain all records, prescriptions and test protocols for a period of 7 years
a. All patient records must be retained for at least 6 years. Records of minor patients must be retained for at least six years and until one year after the minor patient reaches the age of 21 years.
- 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
- Office of the Attorney General
- Health Department, Office of Professional Medical Conduct
- Education Department, Office of Professional Discipline
- Insurance Department
a. Education Law authorizes the Education Department's Office of the Professional Discipline to investigate and prosecute all complaints of professional misconduct regarding occupational therapists, occupational therapy assistants, and 39 other licensed professionals. Physicians, Physician Assistants, and Specialists Assistants are handled by the Health Department's Office of Professional Medical Conduct.
- In order to perform an occupational therapy evaluation, an occupational
therapist first needs a physician's prescription or referral
b. Section 7901 of Education Law requires a referral or prescription for treatment. Neither a referral nor a prescription is required to do an evaluation.
- 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 violation of the legal scope of practice
- fraudulent advertising
- professional misconduct
- gross negligence
a. Discrimination Is specifically defined by §6509(6) of Education Law as professional misconduct.
- Pursuant to the Regulations of the Commissioner of Education, Part 76.7(c),
a treatment program may include all of the following except
- a therapeutic use of goal-directed activities, exercises, or techniques to maximize the client's physical and/or mental functioning in life tasks
- modalities based on sensory integrative approaches
- the use of roentgen rays
- a treatment plan related to physical skills
a. The use of roentgen rays is not part of the practice of occupational therapy.
- 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
- occupational therapy aides
- New York State licensed physicians
- students enrolled in an accredited occupational therapy college clinical program
- occupational therapy assistants certified by the New York State Education Department
a. The role of "aide" in the field of occupational therapy is not officially recognized by licensure or certification in New York State. The practice of occupational therapy requires a license. An "aide" may not carry out any aspect of an occupational therapy plan of treatment. Therefore, the term "occupational therapy aide" Is misleading and should not be used.
- Pursuant to Education Law, Article 156, section 7904, which one of the
following is not currently required for occupational therapy licensure
- satisfactory completion of an approved occupational therapy curriculum
- being of good moral character
- filing an application with the New York State Education Department
- completing 30 hours of approved continuing education every three years
d. At this time, there is no continuing education requirement for re-registration of occupational therapists or occupational therapy assistants licensed in New York State.
- Pursuant to the Rules of the New York State Board of Regents, Part 29.1(b),
unprofessional conduct includes all of the following except
- failing to make available to a patient upon request, copies of documents paid for by that patient
- accepting and performing professional responsibilities the licensee knows s/he is not competent to perform
- giving or receiving a fee to or from a third party for the referral of a patient
- sharing professional fees with a partner, employee, associate in a professional corporation, or professional consultant authorized to practice the same profession
d. Fees may be "split" with those listed as this does not artificially add to the consumers' costs for professional services.
- Pursuant to the Rules of the New York State Board of Regents, Part 29.2(a),
unprofessional conduct includes all the following except
- failing to maintain a record of each patient
- using the word "Doctor" in offering to perform professional services without also including the profession in which the licensee holds a doctorate
- guaranteeing that satisfaction will result from the performance of professional services
- charging patients unreasonable high fees for services
d. Education Law does not include fee setting (or fee disputes) in its definition of professional misconduct.
- Pursuant to Education Law, Article 130, section 6509, which one of the
following does not constitute professional misconduct?
- advertising a range of prices for specified routine professional services for a given time period
- being convicted of a crime under Federal law
- practicing while impaired by alcohol, drugs, or physical or mental disability
- willfully failing to notify the Department of any change of name or mailing address
a. Informing the public about what services you offer, how much they cost, and when those fees are in effect is valuable consumer information.
- In New York State, a licensed occupational therapist may employ an aide
to perform all of the following functions except
- preparation and maintenance of the therapy area
- preparation of equipment
- transportation of patients
- range of motion
d. Aides shall only perform tasks that do not require the professional judgment of an occupational therapist or an occupational therapy assistant; they may not implement or modify a treatment program.
- An occupational therapist may not be employed to provide occupational
therapy services in
- a school
- an occupational therapy professional corporation
- a general business corporation
- a hospital
a. No employee of a general business corporation may offer occupational therapy services to the public or hold out as practicing occupational therapy. Only a person licensed or otherwise exempted may practice occupational therapy or use the title "occupational therapist." There is no exemption for a general business corporation either using the title of "occupational therapist" or practicing occupational therapy. Licensed occupational therapists and occupational therapy assistants could be prosecuted for professional misconduct if they were to share the profits of their occupational therapy practices with shareholders of a general business corporation.
- An occupational therapist may not provide therapy on the referral or
- a podiatrist
- a physician
- a nurse practitioner
- a psychiatrist
a. A podiatrist cannot prescribe occupational therapy services in New York State.
- An occupational therapy professional corporation may not employ
- a licensed occupational therapist
- a licensed physical therapist
- a licensed occupational therapy assistant
- a graduate of an occupational therapy program with a limited permit
b. An occupational therapy professional corporation is only authorized to practice the profession of occupational therapy and may not practice physical therapy.
- One of the requirements to practice as an occupational therapy assistant
in New York State is passing the national certification examination.
b. There is no examination requirement for New York State certification as an occupational therapy assistant.
- An occupational therapist may supervise an aide in the provision of
- if the aide is providing a program of maintenance
- where there is a documented shortage of occupational therapists and occupational therapy assistants
- if the aide has two years experience
d. Aides may not perform any type of direct therapeutic intervention.
- A limited permit to practice occupational therapy is automatically void
if and when the permittee fails a licensing examination.
a. Education Law, Article 156, section 7905(3) specifically states that a limited permit shall become null and void if and when the holder thereof fails to pass a licensing examination.
- Pursuant to the Rules of the New York State Board of Regents, Part 29.2(a),
occupational therapy professionals are required to:
- wear appropriate protective gloves when touching body fluids
- sterilize equipment and devices, including toys, that touch mucous membranes
- 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
- all of the above
e. a. and b.
d. The Rules of the New York State Board of Regents, Part 29.2(a), include provisions for infection control. Some of the required infection prevention techniques are: wearing appropriate protective gloves when touching saliva, sterilizing equipment and devices that touch mucous membranes, and disinfecting equipment and devices that do not touch the patient or that only touch the intact skin of the patient.
- Occupational therapists need to wear an identification badge when providing
occupational therapy services in a health care setting.
a. The Rules of the Board of Regents Part 29, section 29.2(a)(9) requires Occupational Therapists to wear an identification badge when providing occupational therapy services in a health care setting.
- With regard to supervision of occupational therapy assistants, which
one of the following is required?
- Occupational therapy assistants are required to be supervised continuously when on site
- The minimum amount of time required for supervision is 5 hours per week
- The supervisor must meet with, observe, review treatment plans, and foster professional development of the occupational therapy assistant
- Off site supervision of occupational therapy assistants requires 3 hours of supervision per week
a. Occupational Therapy Assistants must practice under this level of "direct supervision" according to the Rules of the Board of Regents Part 76, section 76.6.
- The purpose of the State Board for Occupational Therapy is to
- conduct investigations into misconduct
- register or approve educational programs
- assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
- review qualifications of all candidates for licensure.
a. The purpose of the State Board for Occupational Therapy, as described in Article 130, section 6508 of the Education Law, is to assist the Board of Regents and the Department on matters of professional licensing, practice and conduct.
- Which of the following is a New York State licensed professional required
- notify the State Education Department every time a parking ticket is received
- retain all treatment records for a minimum of 10 years
- notify the State Education Department within 30 days of a change in name or address
- complete 10 hours of continuing competency courses each year
a. New York State Law requires that you notify the State Education Department within 30 days of a change in your name or address.
- 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
- school officials
- residential care workers
- hospital personnel engaged in the treatment of persons
- all of the above
d. Pursuant to Article 6, Title 6, of the Social Services Law of New York State, school officials, residential care workers and volunteers, and hospital personnel engaged in the treatment of persons are just some of the mandated reporters of child abuse and maltreatment.