DAR File No. 29356

Commerce, Occupational and Professional Licensing

R156-42a

Occupational Therapy Practice Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 29356
Filed: 12/20/2006, 09:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has been evaluating the need for each profession's law/rule examination and has determined that the law/rule examinations for applicants for licensure as either an occupational therapist or occupational therapy assistant can be deleted with no negative impact on the profession.

Summary of the rule or change:

Throughout the rule, amendments are being proposed to change the rule from plural to singular. In Section R156-42a-302, a reference to the Occupational Therapy Law and Rule Examination is deleted.

State statutory or constitutional authorization for this rule:

Section 58-42a-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to applicants for licensure as either an occupational therapist or occupational therapy assistant.

other persons:

The proposed amendments only apply to applicants for licensure as either an occupational therapist or occupational therapy assistant. Those applicants for licensure will see a savings of $60 in that they will no longer be required to take the Utah Occupational Therapy Law and Rule Examination. The Division estimates approximately 72 new occupational therapist and occupational therapy assistants are licensed on a yearly basis, thus resulting in an aggregate savings of $4,320. It should be noted however, that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as either an occupational therapist or occupational therapy assistant. Those applicants for licensure will see a savings of $60 in that they will no longer be required to take the Utah Occupational Therapy Law and Rule Examination. It should be noted however, that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Comments by the department head on the fiscal impact the rule may have on businesses:

The regulated industry will experience a cost-savings as a result of the elimination of the Utah Law and Rule examination. No further fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2007

Interested persons may attend a public hearing regarding this rule:

1/23/2007 at 1:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/22/2007

Authorized by:

J. Craig Jackson, Director

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule[s].

R156-42a-101. Title.

This[ese] rule[s are] is known as the "Occupational Therapy Practice Act Rule[s]".

 

R156-42a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 42a, as used in Title 58, Chapters 1 and 42a, or th[ese]is rule[s]:

(1) "General supervision", as used in Section 58-42a-304 and Subsection R156-42a-302b(2), means the supervising occupational therapist is:

(a) present in the area where the person supervised is performing services; and

(b) immediately available to assist the person being supervised in the services being performed.

(2) "Consult with the attending physician", as used in Subsection 58-42a-501(6), means that the occupational therapist will consult with the attending physician when an acute change of patient condition affects the occupational therapy services being performed.

(3) "Physical agent modalities", as used in Subsection 58-42a-102(9)(g), means specialized treatment procedures that produce a response in soft tissue through the use of light, water, temperature, sound or electricity such as hot packs, ice, paraffin, and electrical or sound currents.

(4) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 42a, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-42a-502.

 

R156-42a-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 42a.

[

R156-42a-302. Qualifications for Licensure - Examination Requirements.

In accordance with Section 58-1-309, all applicants for licensure must pass the Occupational Therapy Law and Rule Examination.]

 

R156-42a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) delegating supervision, or occupational therapy services, care or responsibilities not authorized under Title 58, Chapter 42a or th[ese]is rule[s];

(2) engaging in or attempting to engage in the use of physical agent modalities when not competent to do so by education, training, or experience; and

(3) failing to provide general supervision as set forth in Title 58, Chapter 42a and th[ese]is rule[s].

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [August 4, 2003]2007

Notice of Continuation: September 2, 2004

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101