RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE
[ 49 PA. CODE CH. 42 ]
General Revisions
[48 Pa.B. 2624]
[Saturday, May 5, 2018]The State Board of Occupational Therapy Education and Licensure (Board) amends §§ 42.13—42.16 and 42.51—42.58 and adds §§ 42.61—42.63 (relating to professional liability insurance requirement; notifications; and automatic suspension) 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. Section 8(5)(vi) of the act (63 P.S. § 1508(5)(vi)) requires the Board to promulgate regulations governing self-insurance. Section 15(a) of the act (63 P.S. § 1515(a)) further provides that ''[t]he board may establish additional requirements for license renewal designed to assure continued competency of the applying occupational therapist or occupational therapy assistant.''
Background and Purpose
The act of July 5, 2012 (P.L. 1132, No. 138) (Act 138) amended the act to, among other things, require the maintenance of professional liability insurance by occupational therapists, provide for the imposition of civil penalties in accordance with the act of July 2, 1993 (P.L. 345, No. 48), permit the Board to participate in the Bureau of Professional and Occupational Affairs' impaired professionals program and authorize the Board to establish additional requirements for licensure renewal designed to assure continued competency for occupational therapy assistants. The Board established continued competency requirements for occupational therapists at 43 Pa.B. 3350 (June 22, 2013). This final-form rulemaking implements the professional liability insurance and continued competency provisions of Act 138.
Comments to Proposed Rulemaking
The Board published notice of proposed rulemaking at 46 Pa.B. 888 (February 20, 2016), with a 30-day public comment period. During the public comment period, the Board received a comment from Cathy Dolhi, OTD, OTR/L, FAOTA. In addition, the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) submitted comments. Following is a summary of the comments received and the Board's response.
Public Comment
The commentator submitted a comment regarding § 42.15(d)(3) (relating to application for temporary license), which permits a temporary license applicant to submit a certification indicating that the applicant will be covered by an employer against professional liability, effective upon the beginning of employment. The commentator requested clarification regarding § 42.15(d)(3) and asked if this provision allows temporary license applicants to submit this certification instead of providing proof of existing professional liability insurance.
Section 8(5)(iv) of the act and § 42.15(d)(1)—(3) require submission of one of the following: proof that the applicant has professional liability insurance; a letter from the applicant's insurance carrier indicating that the applicant will be covered against professional liability in the required amount upon the issuance of the applicant's temporary license; or a certification, as previously described. Therefore, consistent with the act, the Board's regulations allow a temporary license applicant to submit a certification instead of proof of existing professional liability insurance. However, as indicated in § 42.62(b), a temporary licensee whose license was issued in reliance on a letter or certification permitted under § 42.15(d)(2) or (3) shall provide the Board with proof of professional liability insurance coverage within 30 days after the beginning of employment (for example, certificate of insurance issued by the insurer, a copy of the declarations page of the professional liability insurance policy or evidence of a plan of self-insurance). The commentator suggested that the Board include instructions regarding the certification on the Board's application and that the Board provide a standard certificate for applicants. The Board incorporated instructions regarding the certification into its application forms. Applicants who wish to submit a certification instead of proof of professional liability insurance shall submit a written statement indicating that the applicant will be covered by an employer against professional liability, effective upon the beginning of employment. The Board is currently transitioning its application process to the Pennsylvania Licensing System (PALS), a new online database system. The online application in PALS will contain a selection box that will operate as the standard certification.
Comments from the HPLC
On April 4, 2016, the HPLC submitted one comment to the Board regarding the proposed continued competency requirement for occupational therapy assistants. The HPLC asked the Board to provide the rationale for requiring occupational therapy assistants to complete the same number of hours of continuing education as is required for occupational therapists. An occupational therapy assistant is licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. Although occupational therapy assistants practice under the supervision of an occupational therapist, under § 42.22(d) (relating to supervision of occupational therapy assistants) an occupational therapy assistant may work without direct supervision up to 90% of the time. An occupational therapy assistant's primary role is treatment administration, including direct patient therapy and implementation of therapeutic interventions; therefore, contemporary practice knowledge is necessary. Given the occupational therapy assistant's ability to practice without direct supervision for up to 90% of the time, continued competency at the same level of an occupational therapist is necessary and appropriate.
Requiring equivalent hours is consistent with National certification requirements (National Board for Certification in Occupational Therapy), which require occupational therapy assistants to devote the same number of hours to professional development activities as occupational therapists to maintain certification. Equivalent hours are also consistent with the vast majority of regulations in other states, which require equivalent or greater continuing competence requirements for occupational therapy assistants. Further, requiring equivalent hours is consistent with Commonwealth law regarding physical therapists and physical therapy assistants, which requires 30 contact hours for both licensee classifications. See sections 7.2 and 9.1(j) of the Physical Therapy Practice Act (63 P.S. §§ 1307.2 and 1309.1(j)) and §§ 40.67(a)(1) and 40.192(a)(1) (relating to continuing education for licensed physical therapist; and continuing education for certified physical therapist assistant).
Comments from IRRC
IRRC submitted comments on the proposed rulemaking to the Board on April 20, 2016.
IRRC suggested that the Board clarify §§ 42.13(b)(3) and 42.14(c)(3) (relating to application for licensure; and foreign-educated applicants) and § 42.15(d)(3) by adding the following statutory language to each section: ''provided that the applicant does not practice occupational therapy prior to the commencement of such employment.'' The Board agrees that adding the statutory language clarifies licensees' obligation to obtain and maintain professional liability insurance; therefore, the Board incorporated the statutory language in these sections.
IRRC asked the Board to explain its rationale to issue ''regular'' licenses (that is, temporary and permanent licenses) to applicants who have not secured employment and do not have professional liability insurance instead of ''provisional'' licenses that are conditioned upon submission of appropriate proof of insurance. The act does not contain a provisional license classification for an otherwise qualified applicant who has not yet secured employment and corresponding professional liability insurance. Instead, section 8(5)(iv)(B) of the act authorizes the Board to issue ''regular'' licenses to qualified applicants, and provides that it is sufficient that the applicants certify that they will be covered by an employer against professional liability once employed, provided they do not practice occupational therapy prior to beginning of employment. Given this prohibition against practice, a provisional status does not appear to be necessary. Moreover, the Board suggests that requiring a provisional license for applicants who qualify for temporary and permanent licenses, but who have not yet secured employment and corresponding professional liability insurance, would exceed the statutory authority of the act.
IRRC suggested that the Board require some basic information in the renewal application such as the insurance company name and policy number given the statutory requirement to obtain a certificate of insurance or a copy of the policy declaration page for initial licensure. To address IRRC's concern, the Board revised § 42.16 (relating to biennial renewal; inactive status; failure to renew) to require applicants to certify maintenance of the required professional liability insurance, including the insurance company name and policy number, as applicable.
IRRC asked the Board to explain why it is reasonable to apply the same standards for continued competency to occupational therapists and occupational therapy assistants. The HPLC expressed the same concern and, as previously explained more fully, the Board believes that equivalent continued competence requirements are necessary and appropriate because of the occupational therapy assistants' ability to practice without direct supervision. Additionally, requiring equivalent continued competency requirements is consistent with National certification requirements as well as the majority of other states.
Proposed amendments to § 42.53(a) (relating to continued competency requirements) required occupational therapy assistants to complete a minimum of 24 contact hours in each biennial period beginning with the July 1, 2015—June 30, 2017, biennium. IRRC questioned how the Board intended to implement this given the timing of the proposed rulemaking and the lack of notice to occupational therapy assistants. The Board revised § 42.53(a) to require completion of the required 24 contact hours for occupational therapy assistants beginning with the July 1, 2019—June 30, 2021, biennium. While the act provides the Board with statutory authority to require continued competency for occupational therapy assistants, the act does not mandate continued competency requirements. Thus, in balancing the importance of continued competency requirements with the importance of providing sufficient notice to occupational therapy assistants, the Board determined that postponing the effective date to the 2019—2021 biennium is appropriate as it will provide reasonable notice to occupational therapy assistants. The Board has taken steps to notify licensees regarding the upcoming continued competency requirements for occupational therapy assistants by posting a notice on its web site. Additionally, following publication of this final-form rulemaking, the Board will notify occupational therapy assistants of the new continued competency requirements by e-mail and announcing it in a newsletter.
IRRC asked the Board to provide a detailed response explaining what issues led to the delay in promulgating this final-form rulemaking and what alternative were considered to resolve those issues. Act 138 was enacted on July 5, 2012, effective in 60 days. In accordance with Executive Order 1996-1, less than 2 weeks later, on July 16, 2012, the Board sent a draft proposal to interested parties and stakeholders. At the Board's next public meeting on September 27, 2012, the Board reviewed the stakeholder comments and adopted the proposed annex. The Board generally meets quarterly. On February 21, 2013, the Board reviewed the preamble and amendments to the annex. At the June 6, 2013, Board meeting, the Board adopted additional amendments and voted to promulgate the regulation as proposed. Thereafter, it proceeded through department-level review and ultimately was forwarded to the Governor's Office of Policy and Planning, the Office of General Counsel and the Governor's Budget Office for review and approval in accordance with Executive Order 1996-1 on August 29, 2013. The Board responded to questions from the Governor's Office of Policy and Planning regarding the proposed regulation in April 2014. The Governor's Budget Office completed the fiscal note on the proposed regulation in August 2014.However, due in part to the change in administration, the Board did not receive the required approvals from the Governor's Office of Policy and Planning or the Office of General Counsel until December 2015. After receiving the required approvals, the Board expeditiously prepared the proposed rulemaking for delivery and publication, which occurred in February 2016. Much of the delay was beyond the Board's control. The Board respectfully requests that the delay not be considered in evaluating the Board's final regulations.
Amendments to this Final-form Rulemaking
Based on the comments received from the public, the HPLC and IRRC, the following amendments have been made to this final-form rulemaking.
Sections 42.13(b)(3), 42.14(c)(3) and 42.15(d)(3) have been revised to include the statutory provision permitting an applicant to provide a certification statement that the applicant will be covered by an employer against professional liability upon beginning employment, ''provided that the applicant does not practice occupational therapy prior to the commencement of such employment.'' In this final-form rulemaking, the Board substituted ''beginning'' for ''commencement'' as used in the act because the Legislative Reference Bureau's Pennsylvania Code & Bulletin Style Manual prefers the use of ''beginning.'' The Board also revised § 42.14(b) by replacing ''he'' with ''the applicant.''
The Board revised § 42.16(c)(1) to require that an applicant for renewal provide the applicant's professional liability insurance company name and policy number, as applicable, on the biennial renewal application, as suggested by IRRC. The Board further revised § 42.16(b) to add ''other official documents'' to the list of forms and documents that will be forwarded to the last mailing address of record. Additionally, the Board revised § 42.16(b) to include forms and documents distributed by the Department of State. The Board revised § 42.16(b) for clarification and to ensure that licensees understand that the Board and the Department of State may send documents other than forms and literature to the last mailing address of record.
In addition, at the suggestion of the Legislative Reference Bureau, the Board reconsidered the proposed amendment to the first sentence of § 42.52 (relating to definitions). The Board determined that the proposed amendment was unnecessary because the definitions in § 42.52 apply to terms used in §§ 42.51 and 42.53—42.58, not throughout the entire chapter.
The Board further revised § 42.53 to clarify that the continued competency requirements for occupational therapy assistants will begin with the July 1, 2019—June 30, 2021, biennium to allow time to provide adequate notice to licensees.
The Board made minor revisions to correct typographical errors in the proposed rulemaking as published in the Pennsylvania Bulletin.
Fiscal Impact and Paperwork Requirements
To implement the statutory requirements of Act 138 and this final-form rulemaking, the Board will amend its applications for initial licensure, biennial renewal and reactivation. There may be other costs associated with increased prosecutions if occupational therapists fail to obtain and maintain professional liability insurance or occupational therapy assistants fail to complete the continued competency requirements. The Board determined that it has sufficient funds to absorb these costs without a fee increase at this time. Occupational therapists who wish to become licensed or maintain their licenses shall either obtain professional liability insurance, self-insure or have their employers provide coverage. It is estimated that the annual premium for the required professional liability insurance ranges from $85 to $230 annually. They will also be subject to increased paperwork requirements because occupational therapists will be required to provide documentary proof that they have obtained the required insurance upon initial licensure and upon reactivation of an inactive license. Occupational therapy assistants will incur costs associated with completing the required continued competency contact hours, which the Board estimates a cost of approximately $300 annually. However, the Board's regulations provide for low and no cost ways to obtain continued competency contact hours. Therefore, the costs of continued competency may be less or even negated if occupational therapy assistants choose the lower cost or free continued competency options. Occupational therapy assistants will also be subject to additional paperwork requirements because they will be required to maintain a professional continued competency portfolio and make it available to the Board.
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 the notice of proposed rulemaking, published at 46 Pa.B. 888, to IRRC and the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (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. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on March 21, 2018, the final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 22, 2018, and approved the final-form rulemaking.
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 amendments that enlarge the scope of the proposed rulemaking published at 46 Pa.B. 888.
(4) This 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 adding §§ 42.61—42.63 and amending §§ 42.13—42.16 and 42.51—42.58 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
KERRI L. HAMPLE, OTC, OTR/L,
Chairperson(Editor's Note: See 48 Pa.B. 2029 (April 7, 2018) for IRRC's approval order.)
Fiscal Note: Fiscal Note 16A-6711 remains valid for the final adoption of the subject regulations.
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
LICENSURE § 42.13. Application for licensure.
(a) To apply for licensure, an applicant shall pay the required fee and submit evidence satisfactory to the Board, on forms provided by the Board, that the applicant meets all of the following criteria:
(1) Is of good moral character.
(2) Has met the academic requirements of an educational program in occupational therapy approved by the Board, or an equivalent program as defined in § 42.1 (relating to definitions).
(3) Has successfully completed a period of supervised fieldwork experience at a recognized educational institute or a training program approved by the educational institution where the academic requirements were met as follows:
(i) For an occupational therapist, a minimum of 6 months of supervised fieldwork.
(ii) For an occupational therapy assistant, a minimum of 2 months of supervised fieldwork.
(4) Has passed the licensure examination or has qualified for a waiver of the licensure examination under § 42.12 (relating to waiver of licensure examination).
(b) In addition to the requirements in subsection (a), an applicant for an occupational therapist license shall submit one of the following:
(1) Proof that the applicant has professional liability insurance as set forth in § 42.61 (relating to professional liability insurance requirement).
(2) A letter from the applicant's insurance carrier indicating that the applicant will be covered against professional liability in the amount specified in § 42.61(a) upon the issuance of the applicant's license to practice occupational therapy in this Commonwealth.
(3) A certification from the applicant indicating that the applicant will be covered by an employer against professional liability in the amount specified in § 42.61(a) effective upon the beginning of employment as an occupational therapist, provided that the applicant does not practice occupational therapy prior to the beginning of employment.
§ 42.14. Foreign-educated applicants.
(a) To apply for licensure, the foreign-educated applicant shall, before examination, submit evidence satisfactory to the Board, on forms provided by the Board, that the applicant meets all of the following requirements:
(1) Is of good moral character.
(2) Has completed educational requirements substantially equal to § 42.13(2) (relating to application for licensure). The Board will accept a credentials evaluation done by the NBCOT as proof that the foreign-educated applicant has completed the educational requirements.
(b) The foreign-educated applicant may be licensed by the Board if the applicant has complied with subsection (a) and has met one of the following criteria:
(1) Passed the licensure examination.
(2) Qualified for a waiver of the licensure examination under § 42.12 (relating to waiver of licensure examination).
(c) In addition to the requirements in subsections (a) and (b), a foreign-educated applicant for an occupational therapist license shall submit one of the following:
(1) Proof that the foreign-educated applicant has professional liability insurance as set forth in § 42.61 (relating to professional liability insurance requirement).
(2) A letter from the foreign-educated applicant's insurance carrier indicating that the applicant will be covered against professional liability in the amount specified in § 42.61(a) upon the issuance of the applicant's license to practice occupational therapy in this Commonwealth.
(3) A certification from the foreign-educated applicant indicating that the applicant will be covered by an employer against professional liability in the amount specified in § 42.61(a) effective upon the beginning of employment as an occupational therapist, provided that the applicant does not practice occupational therapy prior to the beginning of employment.
§ 42.15. Application for temporary license.
(a) The Board may issue a temporary license to an applicant who pays the required fee and submits evidence satisfactory to the Board, on forms provided by the Board, that the applicant:
(1) Has met requirements for licensure under § 42.13 (relating to application for licensure).
(2) Is eligible and has applied to take the licensure examination or has failed the licensure examination but applied to retake the examination on the next scheduled date if the following applies:
(i) The temporary license shall expire automatically upon the failure of the applicant to take the licensure examination, except for an appropriate excuse approved by the Board.
(ii) The temporary license shall expire automatically upon receipt by the applicant of notice of failure of re-examination, and the applicant may not be eligible for another temporary license for a period of 1 year from the date of the notice.
(iii) Even after 1 year from the date of notice of failure of re-examination, the applicant may not be issued another temporary license, except at the discretion of the Board.
(b) A temporary license issued under subsection (a) authorizes the practice of occupational therapy only as an assistant under the direct supervision of an occupational therapist licensed under the act and this chapter.
(c) The Board may also issue a temporary license to an applicant who:
(1) Pays the required fee.
(2) Submits evidence satisfactory to the Board, on forms provided by the Board, that the applicant is not a resident and is not licensed in this Commonwealth.
(3) Submits evidence to the Board that the applicant is either licensed under the laws of the District of Columbia or of a state or territory of the United States which has licensure requirements substantially equal to the requirements of the act or has met the requirements for certification as an occupational therapist registered or a certified occupational therapy assistant established by NBCOT.
(4) Certifies that the applicant will perform services for not longer than a 6 consecutive month period in a calendar year, in association with an occupational therapist licensed under the act.
(d) In addition to the requirements in subsection (a) or (c), an applicant for a temporary license as an occupational therapist shall submit one of the following:
(1) Proof that the applicant has professional liability insurance as set forth in § 42.61 (relating to professional liability insurance requirement).
(2) A letter from the applicant's insurance carrier indicating that the applicant will be covered against professional liability in the amount specified in § 42.61(a) upon the issuance of the applicant's temporary license.
(3) A certification from the applicant indicating that the applicant will be covered by an employer against professional liability in the amount specified in § 42.61(a) effective upon the beginning of employment, provided that the applicant does not practice occupational therapy prior to the beginning of employment.
§ 42.16. Biennial renewal; inactive status; failure to renew.
(a) A license granted under the act expires on June 30 of every odd numbered year unless renewed for the next biennium.
(b) Biennial renewal forms, other forms and literature, and other official documents to be distributed by the Board or the Department of State will be sent to the last mailing address of record. The licensee has the responsibility to notify the Board of changes to the mailing address of record in writing within 10 days after making the address change.
(c) To retain the right to engage in practice, the licensee shall renew the licensee's license biennially as follows:
(1) An occupational therapist shall complete the biennial renewal application, pay the required fee, certify completion of the continued competence requirement as specified in § 42.53 (relating to continued competency requirements) and certify maintenance of the required professional liability insurance coverage as specified in § 42.61 (relating to professional liability insurance requirement) which must include the insurance company name and policy number, as applicable.
(2) An occupational therapy assistant shall complete the biennial renewal application, pay the required fee and certify completion of the continued competence requirement as specified in § 42.53.
(d) As set forth in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § 1401-225), a licensee who has engaged in practice beyond the renewal date without renewing the license will be charged a fee of $5 for each month or partial month of practice during which the license was not renewed, in addition to the biennial renewal fee.
(e) A licensee who does not intend to practice in this Commonwealth and who does not desire to renew his license shall inform the Board in writing. Written confirmation of the Board's receipt of his letter and notice that his license has been classified as inactive will be forwarded to the licensee.
(f) The licensee who either fails to pay the biennial renewal fee or who notifies the Board that he does not desire to renew his license will not be sent biennial renewal forms for following biennial renewal periods unless the licensee notifies the Board, in writing, of his desire to reactivate the license.
(g) A licensee who is applying to return to active status is required to pay fees which are due and submit all of the following:
(1) A sworn statement stating the period of time during which the licensee was not engaged in practice in this Commonwealth.
(2) A resume of professional activities since the most recent licensure.
(3) A letter of good standing from another state or territory where the licensee is currently licensed or registered to practice, if applicable.
(4) Proof of professional liability insurance coverage as set forth in § 42.61 if applying to reactivate an occupational therapist license.
(h) The applicant for licensure renewal will not be assessed a fee or penalty for preceding biennial periods in which the applicant did not engage in practice in this Commonwealth.
(i) An applicant who has failed to renew a license and has not practiced for longer than 4 years shall pass the licensure examination or qualify for a waiver of examination under § 42.12 (relating to waiver of licensure examination) before the license is renewed. In addition, theBoard may require the applicant to do one or more of the following:
(1) Be personally interviewed by a designated Board member or representative.
(2) Pass an oral practical examination.
(3) Prove physical and mental fitness to practice in this Commonwealth.
(j) If other conditions of the act and this chapter have been met, active status will be restored upon payment of fees and penalties which have accrued.
(k) A licensee who has engaged in practice during a period in which the licensee's license was not active may be subject to criminal prosecution under section 16(c) of the act (63 P.S. § 1516(c)).
CONTINUED COMPETENCY § 42.51. Purpose.
The purpose of §§ 42.52—42.58 is to implement section 15(a) of the act (63 P.S. § 1515(a)), which authorizes the Board to establish additional requirements for licensure renewal to ensure continued competency to achieve the legislative purpose in section 2 of the act (63 P.S. § 1502) to ensure the highest degree of professional care and conduct on the part of licensees.
§ 42.52. Definitions.
The following words and terms, when used in §§ 42.51 and 42.53—42.58, have the following meanings, unless the context clearly indicates otherwise:
Contact hour—A unit of measure for a continued competency activity that equals 50—60 minutes of participation.
Continued competency—The multidimensional process by which a licensee demonstrates the development and maintenance of the knowledge, skills, attitudes, judgment, abilities and ethics necessary to practice occupational therapy in a variety of roles and settings.
Educational courses—Academic and continuing education courses delivered onsite or by distance education.
Level I fieldwork—Introductory fieldwork experiences that are a component of an educational program in occupational therapy in which students develop a basic understanding of the needs of clients through directed observation and supervised participation in the occupational therapy process.
Level II fieldwork—In-depth fieldwork experiences that are a component of an educational program in occupational therapy that provide multiple occupational therapy services to a variety of clients in multiple settings.
Mentor—A person who holds a current license, certificate or registration in a health-related or education field, or who is otherwise exempt by statute from the requirement to hold a license, certificate or registration, who is engaged in a one-on-one or group teaching/coaching relationship with a licensee for the stated purpose of imparting specific knowledge and skills that will advance the licensee's competency in occupational therapy.
Mentorship—Participation in a formalized, one-on-one or group teaching/learning relationship for the purposes of building a licensee's competency in occupational therapy.
Mentorship agreement—A written agreement between the mentor and the protege or proteges that outlines specific goals and objectives and designates a plan of activities.
Professional continued competence portfolio—A document that evidences the licensee's completion of the continued competency requirement in § 42.53 (relating to continued competency requirements).
Protege—A licensee who is engaged in a one-on-one or group relationship with a mentor for the stated purpose of acquiring specific skills and knowledge related to the practice of occupational therapy.
Unpaid service—Volunteering in an organization when the unpaid service directly relates to occupational therapy.
§ 42.53. Continued competency requirements.
(a) Beginning with the July 1, 2013—June 30, 2015, biennium, an occupational therapist shall complete a minimum of 24 contact hours in each biennial period in acceptable continued competency activities listed in § 42.55 (relating to acceptable continued competency activities) as a condition of licensure renewal. Beginning with the July 1, 2019—June 30, 2021, biennium, an occupational therapy assistant shall complete a minimum of 24 contact hours in each biennial period in acceptable continued competency activities listed in § 42.55 as a condition of licensure renewal.
(b) A licensee is exempt from complying with subsection (a) for the first biennial renewal period following initial licensure.
(c) A licensee seeking to reactivate a lapsed or inactive license shall show compliance with the continued competency contact hour requirement during the 2-year period immediately preceding application for reactivation.
(d) As a condition of reinstatement, a licensee whose license has been suspended or revoked shall complete the required continued competency contact hours for each licensure biennium in which the license was suspended or revoked.
§ 42.54. Education program providers.
(a) General. Educational courses offered by preapproved and Board-approved providers will be accepted as satisfying the continued competency requirement. It is the responsibility of the licensee to ascertain the approval status of the provider before undertaking a course.
* * * * * (e) Individual course approval.
(1) A licensee may request approval of contact hours for educational courses not otherwise approved by submitting an application for approval to the Board no later than 90 days before the end of the biennial renewal period that includes all of the following:
* * * * * § 42.55. Acceptable continued competency activities.
* * * * * (b) The following activities are acceptable so long as the specific activity complies with subsection (a):
* * * * * (3) Fieldwork supervision.
(i) A licensee may earn:
* * * * * (4) Professional writing.
(i) A licensee may earn the following contact hours, up to a maximum aggregate of 15 per biennium, for professional writing:
* * * * * (5) Editing.
(i) A licensee may earn the following contact hours, up to a maximum aggregate of 15 per biennium, for editing:
* * * * * (6) Presentation and instruction.
(i) A licensee may earn 2 contact hours, up to a maximum aggregate of 12 per biennium, for each 60-minute oral or poster presentation or instruction related to occupational therapy.
* * * * * (7) Unpaid service.
(i) A licensee may earn:
* * * * * § 42.56. Waivers of continued competency requirements; extension of time to complete.
(a) The Board may waive all or part of the continued competency activity requirements, or grant an extension of time to complete the requirements, in the case of a serious illness, injury or emergency which prevents a licensee from completing the continued competency requirements.
(b) A licensee seeking a waiver or extension of time shall submit a written request and provide documentary evidence to the satisfaction of the Board of the serious illness, injury or emergency which would preclude the completion of the continued competency requirements.
(c) The request for a waiver or extension of time shall be filed with the Board 60 days before the end of the biennium in which the contact hours are being accrued unless the licensee proves to the satisfaction of the Board that it was impracticable to do so.
§ 42.57. Documentation and reporting of continued competency activities.
(a) A provider of a continued competency activity shall furnish to each participant documentation, signed by the provider, which includes all of the following, unless otherwise directed in § 42.55(b)(1)(iii), (2)(iv), (3)(ii), (4)(iii), (5)(ii) and (6)(iv) (relating to acceptable continued competency activities):
(1) The name of the participant, provider and instructor.
(2) The title, date and location of the activity.
(3) The number of contact hours awarded.
(b) A licensee shall:
(1) Prepare a professional continued competence portfolio as defined in § 42.52 (relating to definitions) for each biennial period and retain it for 4 years following the last day of the biennial period during which the continued competency activities were completed.
(2) Verify completion of the required contact hours of continued competency activities when the license is renewed. A licensee who has not completed the required hours of continued competency activities will not be eligible for renewal until the hours are completed, unless a waiver or extension has been granted.
(3) Provide a copy of the professional continued competence portfolio to the Board within 30 days of notification of an audit.
§ 42.58. Disciplinary action.
A licensee who fails to comply with the continued competency activity requirements or the audit requirements or submits false documents in connection with the continued competency requirement will be subject to disciplinary action under section 16 of the act (63 P.S. § 1516).
PROFESSIONAL LIABILITY INSURANCE § 42.61. Professional liability insurance requirement.
(a) Effective July 1, 2013, an occupational therapist shall obtain and maintain professional liability insurance coverage in the minimum amount of $1 million per occurrence or claims made.
(b) Proof of professional liability insurance coverage may include:
(1) A certificate of insurance or copy of the declaration page from the insurance policy setting forth the effective date, expiration date and dollar amounts of coverage.
(2) Evidence of a plan of self-insurance approved by the Insurance Commissioner of the Commonwealth under regulations of the Insurance Department in 31 Pa. Code Chapter 243 (relating to medical malpractice and health-related self-insurance plans).
(c) An occupational therapist who does not maintain the professional liability insurance required under subsection (a) may not practice occupational therapy in this Commonwealth.
§ 42.62. Notifications.
(a) An occupational therapist shall notify the Board within 30 days of a failure to maintain the required professional liability insurance.
(b) An occupational therapist whose license was issued in reliance on a letter or certificate as permitted under section 8(5)(iv)(A) and (B) of the act (63 P.S. § 1508(5)(iv)(A) and (B)) and in accordance with §§ 42.13(b) (2) or (3), 42.14(c)(2) or (3), or 42.15(d)(2) or (3) (relating to application for licensure; foreign-educated applicants; and application for temporary license) shall provide the Board with proof of professional liability insurance coverage as set forth in § 42.61 (relating to professional liability insurance requirement) within 30 days after the date of issuance of the license or beginning of employment, as applicable.
(c) Failure to notify the Board within 30 days as required in subsection (a) or (b) constitutes unprofessional conduct and subjects the occupational therapist to disciplinary action under section 16(a)(2) of the act (63 P.S. § 1516(a)(2)).
§ 42.63. Automatic suspension.
(a) An occupational therapist's license will be automatically suspended during any period in which the occupational therapist fails to maintain professional liability insurance.
(b) A license that has been automatically suspended under subsection (a) will be reinstated only upon receipt of a copy of documentation demonstrating that the occupational therapist has the required professional liability insurance as set forth in § 42.61 (relating to professional liability insurance requirement).
[Pa.B. Doc. No. 18-684. Filed for public inspection May 4, 2018, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
