RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
[ 49 PA. CODE CH. 42 ]
Code of Ethics
[48 Pa.B. 2136]
[Saturday, April 14, 2018]The State Board of Occupational Therapy Education and Licensure (Board) amends § 42.24 (relating to code of ethics) to read as set forth in Annex A.
Effective Date
This final-form rulemaking will be effective upon 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. In 2001, the Board amended § 42.24 to reflect the 1994 version of the AOTA code of ethics.
Beginning in 2011, the Board undertook a review of § 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 amend § 42.24. While the proposed amendment was pending, 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) (2015 AOTA Code of Ethics), which the Board found to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth, and voted to revise the pending proposed amendment to adopt the 2015 AOTA Code of Ethics. The 2015 AOTA Code of Ethics not only reflects the Board's 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 adopts the 2015 AOTA Code of Ethics by reference. A copy of the 2015 AOTA Code of Ethics is available on the AOTA web site at https://ajot.aota.org/article.aspx?articleid=2442685 and was attached to the Regulatory Analysis Form provided to the Independent Regulatory Review Commission (IRRC) with this final-form rulemaking. A copy is available upon request. The Board intends to place a copy of the 2015 AOTA Code of Ethics on its web site following publication of this final-form rulemaking.
Description of Amendments
Former § 42.24 is deleted in its entirety. In its place, the Board adopts new subsections (a)—(c).
Subsection (a) provides that licensees shall adhere to the 2015 AOTA Code of Ethics, except as provided in subsections (b) and (c). Subsection (b) requires licensees to adhere to Federal and State law whenever there is a conflict between the 2015 AOTA Code of Ethics and Federal and State law. Likewise, subsection (c) requires licensees to adhere to Chapter 42 whenever there is a conflict between the 2015 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 AOTA Code of Ethics or adopt other ethical standards.
Comments on the Proposed Rulemaking
Notice of proposed rulemaking was published at 46 Pa.B. 886 (February 20, 2016), with a 30-day public comment period. The Board did not receive any public comments. IRRC reviewed the proposed rulemaking and did not have objections, comments or recommendations. The Board did not receive comments from the House Professional Licensure Committee (HPLC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC).
Fiscal Impact and Paperwork Requirements
There are only minimal fiscal impacts and paperwork requirements associated with this final-form rulemaking. Following publication of this final-form rulemaking, the Board will place a copy of the 2015 AOTA Code of Ethics on its web site. The Board will also include in its initial application, renewal and reactivation forms information regarding how to access the 2015 AOTA Code of Ethics. The cost of doing so will be de minimis.
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 the notice of proposed rulemaking, published at 46 Pa.B. 886, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, the Board shall submit to IRRC, the HPLC and the SCP/PLC copies of comments received during the public comment period, as well as other documents when requested. No comments were submitted on the proposed rulemaking.
Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on February 21, 2018, the final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective February 21, 2018.
Additional Information
Further information may be obtained by contacting Carol Niner, Board Administrator, State Board of Occupational Therapy Education and Licensure, P.O. Box 2649, Harrisburg, PA 17105-2649. Reference No. 16A-6710 (Code of Ethics) when requesting information.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law.
(3) This final-form rulemaking does not include any amendments that would enlarge the scope of proposed rulemaking published at 46 Pa.B. 886.
(4) The final-form rulemaking adopted by 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 § 42.24 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall submit this order and Annex A to IRRC, the HPLC and the SCP/PLC as required by law.
(d) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
KERRI L. HAMPLE, OTD, OTR/L,
Chairperson(Editor's Note: See 48 Pa.B. 1482 (March 10, 2018) for IRRC's approval order.)
Fiscal Note: Fiscal Note 16A-6710 remains valid for the final adoption of the subject regulation.
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.
(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. 18-564. Filed for public inspection April 13, 2018, 9:00 a.m.]
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