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New York Occupational Therapy Limited Permits

Permits limited as to eligibility, practice, and duration, shall be issued by the department to eligible applicants, as follows:

The following persons shall be eligible for a limited permit:

  • An occupational therapist who has graduated from an occupational therapy curriculum with a baccalaureate degree or certificate in occupational therapy which is substantially equivalent to a baccalaureate degree satisfactory to the board of occupational therapy and in accordance with the commissioner's regulations; or
  • A foreign occupational therapist who is in this country on a non-immigration visa for the continuation of occupational therapy study, pursuant to the exchange student program of the United States Department of State.
  • An occupational therapy assistant who has graduated from an accredited occupational therapy assistant curriculum with an associate's degree satisfactory to the board of occupational therapy and in accordance with the commissioner's regulations.

A limited permittee shall be authorized to practice occupational therapy, or in the case of a limited permit only under the direct supervision of a licensed occupational therapist or a licensed physician and shall practice only in a public, voluntary, or proprietary hospital, health care agency or in a preschool or an elementary or secondary school for the purpose of providing occupational therapy as a related service for a handicapped child.

A limited permit shall be valid for one (1) year. It may be renewed once for a period not to exceed one (1) additional year, at the discretion of the department, upon the submission of an explanation satisfactory to the department for an applicant's failure to become licensed within the original one (1) year period.

The fee for a limited permit shall be seventy ($70) dollars.

Supervision

A written supervision plan, acceptable to the occupational therapist or licensed physician providing direction and supervision, shall be required for each permittee providing services. The written supervision plan shall specify the names, professions and other credentials of the persons participating in the supervisory process, the frequency of formal supervisory contacts; the methods (e.g. in-person, by telephone) and types (e.g. review of charts, discussion with permittee) of supervision; the content areas to be addressed; how written treatment notes and reports will be reviewed, including, but not limited to, whether such notes and reports will be initialed or co-signed by the supervisor; and how professional development will be fostered.

Documentation of supervision shall include the date and content of each formal supervisory contact as identified in the written supervision plan and evidence of the review of all treatment notes and reports.

The determination of the level and type of supervision shall be based on the ability level and experience of the permittee providing the delegated occupational therapy services, the complexity of client needs, and the setting in which the permittee is providing the services. The supervision plan shall require that the supervisor be notified whenever there is a clinically significant change in the condition or performance of the client, so that an appropriate supervisory action can take place.

Direct supervision shall mean that the supervisor:

  • Initiates, directs and participates in the initial evaluation to the extent required in the supervision plan, interprets the evaluation data, and develops the occupational therapy services plan with input from the permittee;
  • Participates, on a regular basis, in the delivery of occupational therapy services to the extent required in the supervision plan;
  • Is responsible for determining the need for continuing, modifying, or discontinuing occupational therapy services;
  • Takes into consideration information provided by the permittee about the client’s responses to and communications during occupational therapy services; and
  • Is available for consultation with the permittee in a timely manner, taking into consideration the practice setting, the condition of the client and the occupational therapy services being provided.

In no event shall the occupational therapist or licensed physician supervise more than five (5) permittees, or its full time equivalent, provided that the total number of permittees being supervised by a single occupational therapist or licensed physician shall not exceed ten.

Citation

NY EDN Law 155 § 7905

NYCCR §76.4



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