Commerce, Occupational and Professional Licensing

Rule R156-42a

Occupational Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33092
Filed: 10/26/2009 10:23:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Occupational Therapy Board reviewed the rule and determined that changes need to be made.

Summary of the rule or change:

Throughout the rule, statutory and rule citations have been updated as needed. Subsection R156-42a-502(4) is being added to define as unprofessional conduct the violation of any provision of the American Occupational Therapy Association Code of Ethics, April 2005 edition.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-42a-101
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds: Occupational Therapy Code of Ethics, April 2005

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute 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 only apply to licensed occupational therapists and occupational therapy assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed occupational therapists and occupational therapy assistants and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed occupational therapists and occupational therapy assistants and applicants for licensure in those classifications. If a licensee violated any of the provisions of the American Occupational Therapy Association Code of Ethics, the licensee could be charged with unprofessional conduct against the license, which may result in some costs to the licensee to defend a possible licensure action.

Compliance costs for affected persons:

The proposed amendments only apply to licensed occupational therapists and occupational therapy assistants and applicants for licensure in those classifications. If a licensee violated any of the provisions of the American Occupational Therapy Association Code of Ethics, the licensee could be charged with unprofessional conduct against the license, which may result in some costs to the licensee to defend a possible licensure action.

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

No fiscal impact to businesses is anticipated with this rule filing, which makes technical changes, corrects references and further defines unprofessional conduct by a licensee.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@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:

12/15/2009

Interested persons may attend a public hearing regarding this rule:

• 12/02/2009 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

12/22/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

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 this rule:

(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] 1) (e), in Section R156-42a-502.

 

R156-42a-103. Authority - Purpose.

This rule is adopted by the [d] Division under the authority of Subsection 58-1-106(1)(a) to enable the [d] Division to administer Title 58, Chapter 42a.

 

R156-42a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 42a is established by rule in R156-1-308 a.

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

 

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 this rule;

(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 this rule ; and

(4) violating any provision of the American Occupational Therapy Association Code of Ethics, last amended April 2005, which is hereby adopted and incorporated by reference.

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [February 22, 2007]2009

Notice of Continuation: February 26, 2009

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