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New York Occupational Therapy Definitions

Acceptable Accrediting Agency - An organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, that applies its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, including, but not limited to, an agency recognized for this purpose by the United States Department of Education.

Client Related Activities - Includes:

    • Contributing to the evaluation of a client by gathering data, reporting observations and implementing assessments delegated by the supervising occupational therapist or licensed physician;
    • Consulting with the supervising OT or licensed physician in order to assist him or her in making determinations related to the treatment plan, modification of client programs or termination of a client's treatment;
    • The utilization of a program of purposeful activities, a treatment program, and/or consultation with the client, family, caregiver, or other health care or education providers, in keeping with the treatment plan and under the direction of the supervising occupational therapist or licensed physician;
    • The use of treatment modalities and techniques that are based on approaches taught in an occupational therapy assistant educational program registered by the department or accredited by a national accreditation agency which is satisfactory to the department, and that the OTA has demonstrated to the OT or licensed physician that he or she is competent to use; or
    • The immediate suspension of any treatment intervention that appears harmful to the client and immediate notification of the OT or licensed physician.

Functional Evaluation - Screening, observing, consulting, administering and/or interpreting standardized and non-standardized assessment tools, and simulating and analyzing activities or environments for the purpose of:

    • Assessing levels of functional abilities and deficits resulting from developmental deficit, injury, disease or any limiting condition; and/or
    • Identifying areas of function and dysfunction in daily life tasks; and/or
    • Determining the need for and the types of initial and/or subsequent occupational therapy.

Independent Study - Individualized professional study that is self initiated, goal-driven learning based on reading and research.

Licensee - An individual licensed to practice occupational therapy pursuant to section 7904 of the Education Law or licensed to practice as an OTA pursuant to section 7904-a of the Education Law.

Peer Reviewed - Reviewed by an individual or individuals who have appropriate educational, licensure or other credentials and are recognized experts in the subject which they

Professional Subjects - Acceptable learning activities, which contribute to continuing competence in the professional practice of occupational therapy, as defined in section 7901 of the Education Law and section 76.5 of this Part, or of an OTA, as defined in section 76.6 of this Part.

Purposeful Activity - Goal-directed behavior aimed at the development of functional daily living skills in the categories of self-care, work, homemaking or play/leisure.

Occupational Therapy Assistant - A person licensed or otherwise authorized in accordance with the law who provides occupational therapy services under the direction and supervision of an OT or licensed physician and performs client related activities assigned by the supervising OT or licensed physician. Only a person licensed or otherwise authorized under this Part shall participate in the practice of occupational therapy as an OTA, and only a person licensed or otherwise authorized under this Part shall use the title “OTA” or “occupational therapy assistant”.

Related Subjects - Acceptable learning activities, relating to legal or regulatory issues, reimbursement issues, general supervision, business practices, pedagogical methodologies or other topics which contribute to continuing competence in the professional practice of occupational therapy as defined in section 7901 of the Education Law and section 76.5 of this Part, or of an occupational therapy assistant as defined in section 76.6 of this Part; or which relate to other matters of health care, law, ethics and professional responsibility which contribute to the health and welfare of the public.

Self-Study - Structured study based on audio, audio-visual, written, on­ line, and other media that is provided by a sponsor approved by the department.

The Practice of Occupational Therapy - The functional evaluation of the client, the planning and utilization of a program of purposeful activities, the development and utilization of a treatment program, and/or consultation with the client, family, caregiver or organization in order to restore, develop or maintain adaptive skills, and/or performance abilities designed to achieve maximal physical, cognitive and mental functioning of the client associated with his or her activities of daily living and daily life tasks. A treatment program designed to restore function, shall be rendered on the prescription or referral of a physician, nurse practitioner or other health care provider acting within his or her scope of practice.

Reference

N.Y. Edu. Law §7901

N.Y. Comp. Codes R. §76.5

N.Y. Comp. Codes R. §76.6

8 CRR-NY 76.10


About Me

Zachary Edgar JD, LLM is the managing partner for Therapy Comply.  Zachary is a healthcare attorney that specializes in federal and state healthcare regulatory issues particularly for physical, occupational, and speech therapy practices.  

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