PROPOSED RULEMAKING
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
[ 49 PA. CODE CH. 42 ]
Code of Ethics
[46 Pa.B. 886]
[Saturday, February 20, 2016]The State Board of Occupational Therapy Education and Licensure (Board) proposes to amend § 42.24 (relating to code of ethics) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 5(b) of the Occupational Therapy Practice Act (act) (63 P. S. § 1505(b)) authorizes the Board to promulgate and adopt rules and regulations not inconsistent with the act as it deems necessary for the performance of its duties and the proper administration of the act.
Background and Purpose
Section 16(a) of the act (63 P. S. § 1516(a)) authorizes the Board to discipline licensees who are guilty of unprofessional conduct which has or is likely to endanger the health, welfare or safety of the public. Section 16(a)(2) of the act further defines ''unprofessional conduct'' to include conduct that violates a code of ethics adopted by the Board. In 1992, the Board adopted a code of ethics in § 42.24 which was essentially an adaptation and codification of the Code of Ethics promulgated by the American Occupational Therapy Association (AOTA) in 1988. Subsequently, in 2001, the Board updated its regulations to reflect the 1994 version of the AOTA Code of Ethics, which is the version that currently appears in § 42.24.
Beginning in 2011, the Board undertook a review of the language in § 42.24 and compared it to the AOTA Occupational Therapy Code of Ethics and Ethics Standards (Code and Standards) promulgated in 2010. As a result of its review, the Board determined that it should update § 42.24 by adopting the 2010 AOTA Code and Standards and voted in 2013 to begin the process to update § 42.24. While the proposed rulemaking was pending, the AOTA updated its Code of Ethics in 2015. At its June 3, 2015, meeting, the Board reviewed the AOTA Occupational Therapy Code of Ethics (2015) (Code of Ethics), which the Board now finds to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth, and voted to revise the proposed rulemaking to adopt the 2015 Code of Ethics. The AOTA Code of Ethics not only reflects the Board's own view of ethical practice, but will also keep the Commonwealth's ethical standards consistent with the National standards. Rather than copy the standards verbatim into § 42.24, the Board proposes to adopt the Code of Ethics by reference. A copy of the 2015 AOTA Code of Ethics may be found on the AOTA web site at http://www.aota.org/-/media/Corporate/Files/Practice/Ethics/Code-of-Ethics.pdf and was attached to the Regulatory Analysis Form provided to the Independent Regulatory Review Commission (IRRC). A copy is available upon request. The Board intends to place a copy of the 2015 AOTA Code of Ethics on its web site when the final-form rulemaking is promulgated.
Description of Amendments
The Board would delete the current language in § 42.24. In its place, the Board proposes to add subsections (a)—(c).
Subsection (a) would provide that licensees shall adhere to the AOTA Code of Ethics, except as provided in subsections (b) and (c). Subsection (b) would require licensees to adhere to Federal and State law whenever there is a conflict between the AOTA Code of Ethics and Federal and State law. Likewise, subsection (c) would require licensees to adhere to this chapter whenever there is a conflict between the AOTA Code of Ethics and the Board's regulations.
If the AOTA later updates its Code of Ethics, the Board will review future updates to determine whether to adopt them. If the Board decides not to adopt future updates to the AOTA Code of Ethics, the Board may decide to retain the 2015 Code of Ethics or adopt other ethical standards.
Fiscal Impact and Paperwork Requirements
There are no fiscal impacts or paperwork requirements for this proposed rulemaking. Once this proposed rulemaking becomes effective, the Board will place a copy of the 2015 AOTA Code of Ethics on the Board's web site. The cost of doing so will be de minimis.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 5, 2016, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to IRRC and the Chairpersons of the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Regulatory Counsel, State Board of Occupational Therapy Education and Licensure, P. O. Box 69523, Harrisburg, PA 17106-5923 or RA-STRegulatoryCounsel@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6710 (code of ethics) when submitting comments.
KERRI L. HAMPLE, OTC, OTR/L,
ChairpersonFiscal Note: 16A-6710. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 42. STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
MINIMUM STANDARDS OF PRACTICE § 42.24. Code of [Ethics] ethics.
[Purpose. The Board adopts the following Code of Ethics to establish and maintain a high standard of integrity and dignity in the profession and to protect the public against unprofessional conduct on the part of licensees. The Code of Ethics is adapted with permission from the ''Occupational Therapy Code of Ethics'' of the American Occupational Therapy Association (revised July 1994).
(1) Principle 1. Licensees shall demonstrate a concern for the well-being of the recipients of their services. (beneficence)
(i) Licensees shall provide services in an equitable manner for all individuals.
(ii) Licensees shall maintain relationships that do not exploit the recipient of services sexually, physically, emotionally, financially, socially or in any other manner. Licensees shall avoid those relationships or activities that interfere with professional judgment and objectivity.
(iii) Licensees shall take all reasonable precautions to avoid harm to the recipient of services or to his property.
(2) Principle 2. Licensees shall respect the rights of the recipients of their services. (autonomy, privacy, confidentiality)
(i) Licensees shall collaborate with service recipients or their surrogates, or both, in determining goals and priorities throughout the intervention process.
(ii) Licensees shall fully inform the service recipients or their surrogates, or both, of the nature, potential risks and outcomes of any interventions.
(iii) Licensees shall obtain written informed consent from subjects involved in research activities indicating they have been fully advised of the potential risks and outcomes.
(iv) Licensees shall respect the individual's right to refuse professional services or involvement in research or educational activities.
(v) Licensees shall protect the confidential nature of information gained from educational, practice, research and investigational activities.
(3) Principle 3. Licensees shall achieve and continually maintain high standards of competence. (duties)
(i) Licensees shall use procedures that conform to the standards of acceptable and prevailing occupational therapy practice.
(ii) Licensees shall take responsibility for maintaining competence by participating in professional development and education activities.
(iii) Licensees shall perform their duties on the basis of accurate and current information.
(iv) Licensees shall protect service recipients by ensuring that duties assumed by or assigned to other licensees are commensurate with their qualifications and experience.
(v) Licensees shall provide appropriate supervision to individuals for whom the licensees have supervisory responsibility.
(vi) Licensees shall refer recipients to other service providers or consult with other service providers when additional knowledge and expertise are required.
(4) Principle 4. Licensees shall comply with laws and regulations governing the practice of occupational therapy in this Commonwealth. (justice)
(i) Licensees shall understand and abide by applicable local, State and Federal laws.
(ii) Licensees shall inform employers employees, and colleagues about those laws and regulations that apply to the profession of occupational therapy.
(iii) Licensees shall require those they supervise in occupational therapy related activities to adhere to this chapter.
(iv) Licensees shall accurately record and report all information related to professional activities.
(5) Principle 5. Licensees shall provide accurate information about occupational therapy services. (veracity)
(i) Licensees shall accurately represent their qualifications, education, experience, training and competence.
(ii) Licensees shall disclose any affiliations that may pose a conflict of interest.
(iii) Licensees shall refrain from using or participating in the use of any form of communication that contains false, fraudulent, deceptive or unfair statements or claims.
(6) Principle 6. Licensees shall treat colleagues and other professionals with fairness, discretion and integrity. (fidelity, veracity)
(i) Licensees shall safeguard confidential information about colleagues and staff members.
(ii) Licensees shall accurately represent the qualifications, views, contributions and findings of colleagues.
(iii) Licensees shall report any breaches of the Board's law and this chapter to the Board.]
(a) Licensees shall adhere to the American Occupational Therapy Association (AOTA) Occupational Therapy Code of Ethics (2015), except as provided in subsections (b) and (c).
(b) Whenever there is a conflict between the AOTA Occupational Therapy Code of Ethics (2015) and Federal or State law, licensees shall adhere to Federal and State law.
(c) Whenever there is a conflict between the AOTA Occupational Therapy Code of Ethics (2015) and this chapter, licensees shall adhere to this chapter.
[Pa.B. Doc. No. 16-279. Filed for public inspection February 19, 2016, 9:00 a.m.]
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