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PA Bulletin, Doc. No. 22-116

RULES AND REGULATIONS

Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE

[49 PA. CODE CH. 42]

Educational Programs

[52 Pa.B. 448]
[Saturday, January 22, 2022]

 The State Board of Occupational Therapy Education and Licensure (Board) proposes to amend §§ 42.1 and 42.13 (relating to definitions; and application for licensure) to read as set forth in Annex A.

Effective Date

 The amendments 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 ''adopt rules and regulations not inconsistent with law as it deems necessary for the performance of its duties and the proper administration of this law.'' Section 8(2) of the act (63 P.S. § 1508(2)) sets forth the requirements for licensure, which include completion of ''the academic requirements of an approved educational program in occupational therapy recognized by the board with the advice and consultation of recognized national accrediting agencies and professional organizations including the American Occupational Therapy Association. . . .''

Background and Purpose

 Under the Board's existing regulations at § 42.13(a)(2), an applicant must meet ''the academic requirements of an educational program in occupational therapy approved by the Board, or an equivalent program as defined in § 42.1. . . .'' Regarding educational programs, the Board's existing regulations do not specify which programs are ''approved by the Board.'' In the United States, the Accreditation Council for Occupational Therapy Education (ACOTE) is the only accreditation agency that accredits occupational therapy programs, and thus, ACOTE approved educational programs are the only programs approved by the Board. Significantly, this regulation serves to codify the Board's current practices and procedures and do not change the Board's current educational program standards. In drafting this final-form rulemaking, as required by section 8(2) of the act, the Board consulted with the American Occupational Therapy Association (AOTA) through the Pennsylvania Occupational Therapy Association (POTA) as well as the only National accrediting agency that currently accredits occupational therapy programs, ACOTE.

Comments to the Proposed Rulemaking

 The Board published a notice of proposed rulemaking at 50 Pa.B. 5848 (October 24, 2020), for 30 days of public comment. The Board did not receive any public comments relating to the proposed rulemaking. The Independent Regulatory Review Commission (IRRC) reviewed the proposed rulemaking and informed the Board that it had no objections, comments or recommendations to offer. The Board did not receive any comments from the House Professional Licensure Committee (HPLC) or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of their review of proposed rulemaking under the Regulatory Review Act (71 P.S. §§ 745.1—745.14).

Fiscal Impact and Paperwork Requirements

 There are no fiscal impacts or paperwork requirements associated with this final-form rulemaking.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on October 8, 2020, the Board submitted a copy of the proposed rulemaking and a copy of a Regulatory Analysis Form to IRRC and to the Chairpersons of the HPLC and the SCP/PLC. A copy of this material is available to the public upon request.

 On October 28, 2021, the Board delivered the final-form rulemaking to IRRC, the HPLC and the SCP/PLC. Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on December 8, 2021, the final-form rulemaking was deemed approved by the HPLC and by the SCP/PLC.

 Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 9, 2021, and announced, because it had no comments on the proposed rulemaking and the Board did not amend the rulemaking, IRRC was deemed to have approved the final-form rulemaking under section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)).

Additional Information

 Further information may be obtained by contacting Christina Townley, Acting Board Administrator, State Board of Occupational Therapy Education and Licensure, P.O. Box 2649, Harrisburg, PA 17105-2649. Reference No. 16A-6712 (Educational Programs), 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) (45 P.S. §§ 1201 and 1202), referred to as the Commonwealth Documents Law and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (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 50 Pa.B. 5848.

 (4) This final-form rulemaking is necessary and appropriate for the administration of the Occupational Therapy Practice Act.

Order

 The Board, acting under its authorizing statute, orders that:

 (a) The regulations of the Board at 49 Pa. Code Chapter 42 are amended by amending §§ 42.1 and 42.13 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.

 (b) The Board shall submit this final-form rulemaking to the Office of Attorney General and the Office of General Counsel for approval as required by law.

 (c) The Board shall certify this final-form rulemaking and deposit it with the Legislative Reference Bureau as required by law.

 (d) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.

KERRI L. HAMPLE, OTD, OTR/L, 
Chairperson

 (Editor's Note: For IRRC's approval order, see 51 Pa.B. 8061 (December 25, 2021).)

Fiscal Note: Fiscal Note 16A-6712 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

GENERAL PROVISIONS

§ 42.1 Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

*  *  *  *  *

Commissioner—The Commissioner of Professional and Occupational Affairs.

Licensee—An individual who has been licensed under the act as an occupational therapist or an occupational therapy assistant.

*  *  *  *  *

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 the following criteria:

 (1) Is of good moral character.

 (2) Has successfully completed an educational program for occupational therapists or occupational therapy assistants that is either:

 (i) Accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) or predecessor organizations.

 (ii) Approved by the Board and accredited by a National programmatic accrediting agency recognized by the United States Department of Education.

 (3) Has successfully completed a period of supervised fieldwork experience as a part of an accredited educational program as required by paragraph (2) 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).

*  *  *  *  *

[Pa.B. Doc. No. 22-116. Filed for public inspection January 21, 2022, 9:00 a.m.]



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