RULES AND REGULATIONS
Title 49--VOCATIONAL
AND PROFESSIONAL STANDARDS
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
[49 PA. CODE CH. 42]
Oral Orders
[35 Pa.B. 2750] The State Board of Occupational Therapy Education and Licensure (Board) amends § 42.25 (pertaining to oral orders) to read as set forth in Annex A.
Omission of Proposed Rulemaking
Under section 204 of the act of July 31, 1968 (P. L. 469, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL) the Board has omitted procedures for proposed rulemaking set forth in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202). Proposed rulemaking has been omitted because public comment is unnecessary. The amendment merely revises § 42.25 to conform to a change in the Occupational Therapy Practice Act (act) (63 P. S. §§ 1501--1519) that was amended by the act of May 14, 2004 (P. L. 220, No. 30) (Act 30). The regulated community has been informed of the statutory change through the Board's newsletter, which is distributed to all licensees, and through a revised copy of the act and a special notice that appear on the Occupational Therapy page of the Department of State's website.
Description of Amendment
Prior to the passage of Act 30, section 14 of the act (63 P. S. § 1514) authorized an occupational therapist to implement direct occupational therapy to an individual for a specific medical condition based on a referral from a licensed physician or a licensed podiatrist. Act 30 added licensed optometrists to the categories of health care practitioners who may refer an individual to an occupational therapist for the implementation of direct occupational therapy for a specific medical condition. Currently, § 42.25 only refers to accepting referrals from licensed physicians and licensed podiatrists. This rulemaking amends § 42.25 to reflect that a licensed optometrist may also make referrals.
Statutory Authority
Section 5(b) of the act (63 P. S. § 1505(b)) authorizes the Board to promulgate and adopt rules and regulations not inconsistent with law as it deems necessary for the performance of its duties and the proper administration of the act.
Fiscal Impact and Paperwork Requirements
The amendment will not have a fiscal impact on, or create additional paperwork for, the regulated community or the political subdivisions of the Commonwealth. There may be fiscal savings to the general public. Prior to Act 30, when an optometrist determined that a patient would benefit from occupational therapy, the optometrist had to first obtain the referral from a physician or refer the patient back to the physician to obtain a referral. Commonwealth agencies whose regulations and policy statements limit implementation of direct occupational therapy to situations in which a physician has made a referral or order may consider revising their regulations.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (act) (71 P. S. § 745.5a(c)), on March 11, 2005, the Board submitted copies of the regulation with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC), the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. On the same date, the Board submitted a copy of the regulation to the Office of Attorney General under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506)
Under section 5.1(e) and (j.2) of the act (71 P. S. § 745.5a(e) and (j.2)), the regulation was approved by the House and Senate Committees on April 13, 2005, and approved by IRRC on April 14, 2005.
Additional Information
For additional information about the amendments, submit inquiries to Lisa Burns, State Board of Occupational Therapy Education and Licensure, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389, ST-OCCUPA TIONAL@state.pa.us.
Findings
The Board finds that:
(1) Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under section 204 of the CDL because public comment is unnecessary in that the amendments adopted by this order merely implement an amendment to the act.
(2) The amendment of the Board's regulations in the manner provided in this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 42, are amended by amending § 42.25 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
MELANIE A. WENNICK,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 35 Pa.B. 2703 (April 30, 2005).)
Fiscal Note: 16A-675. 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 § 42.25. Oral orders.
(a) An occupational therapist shall accept a referral in the form of a written order from a licensed physician, licensed optometrist or licensed podiatrist in accordance with section 14 of the act (63 P. S. § 1514) unless the urgency of the medical circumstances requires immediate treatment. In these circumstances, an occupational therapist may accept an oral order for occupational therapy from a licensed physician, licensed optometrist or licensed podiatrist, if the oral order is immediately transcribed, including the date and time, in the patient's medical record and signed by the occupational therapist taking the order.
(b) The countersignature of the licensed physician, licensed optometrist or licensed podiatrist shall be obtained within 5 days of receipt of the oral order in the case of an occupational therapist providing ordered services in a private office setting. In the case of an occupational therapist providing services in a setting that is independent of the prescribing physician's, optometrist's or podiatrist's office, the countersignature on a written copy of the order may be mailed or faxed to the occupational therapist.
(c) In the case of an occupational therapist providing services in a facility licensed by the Department of Health, the countersignature of the licensed physician, licensed optometrist or licensed podiatrist shall be obtained in accordance with applicable regulations of the Department of Health governing the facility, including 28 Pa. Code §§ 211.3 and 601.31 (relating to oral and telephone orders; and acceptance of patients, plan of treatment and medical supervision).
[Pa.B. Doc. No. 05-886. Filed for public inspection May 6, 2005, 9:00 a.m.]
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