DAR File No. 38313

Commerce, Occupational and Professional Licensing

Rule R156-42a

Occupational Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38313
Filed: 02/26/2014 08:32:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Occupational Therapy Licensing Board are recommending amendments to the rule as a result of the following. With the focus of the provision of occupational therapy services changing from in-patient to community settings, issues regarding the scope of practice of the certified occupational therapist assistant (COTA) in community settings have emerged. Board members have received queries about the ability of a COTA to discharge an individual from on-going services. The Board felt that clarification regarding discharges from service that may occur in community settings such as schools, long-term care facilities, and assisted living facilities should be placed in rule for ease of access for COTAs and occupational therapists (OTs).

Summary of the rule or change:

Subsection R156-42a-502(4) is added to include failing to cosign COTA discharge documentation within 30 days pursuant to Section R156-42a-601. Remaining subsection is renumbered. Section R156-42a-601 is added to provide clarification whether or not a COTA may discharge an individual from on-going service.

State statutory or constitutional authorization for this rule:

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

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. For facilities that receive state funding, costs may be decreased because a COTA will be able to discharge patients under the criteria in the proposed amendments instead of calling in an OT at a much higher cost to simply discharge an individual from service. Due to a wide range of circumstances, the Division is not able to quantify these potential cost savings.

local governments:

The proposed amendments only apply to licensed occupational therapists and occupational therapy assistants. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments have the potential to decrease costs for small home health and other agencies providing occupational therapy services. Enabling a COTA to discharge a client will eliminate the higher OT costs that could be incurred by requiring the OT to discharge the individual. Due to a wide range of circumstances, the Division is not able to quantify these potential cost savings to small businesses.

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

The proposed amendments may reduce costs for individuals paying privately for occupational therapy services because of the potential for the COTA, rather than an OT, to discharge the patient from on-going service. Due to a wide range of circumstances, the Division is not able to quantify these potential cost savings to individuals.

Compliance costs for affected persons:

Licensed occupational therapists may experience a slight decrease in income because they are not the sole individuals able to discharge an individual from on-going service. Due to a wide range of circumstances, the Division is not able to quantify any potential income reduction for occupational therapists.

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

As stated in the rule analysis, businesses that employ both occupational therapists (OTs) and certified occupational therapist assistants (COTAs) may experience some savings by transferring patient discharge duties from the OTs to the COTAs. Any such savings will vary and cannot be estimated.

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:

• Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at dhobbins@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:

04/14/2014

This rule may become effective on:

04/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

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;

(3) failing to provide general supervision as set forth in Title 58, Chapter 42a and this rule;[ and]

(4) failing to cosign COTA discharge documentation within 30 days pursuant to R156-42a-601; and

([4]5) violating any provision of the American Occupational Therapy Association Code of Ethics, last amended April 2005, which is hereby adopted and incorporated by reference.

 

R156-42a-601. Practice Standards.

A certified occupational therapist assistant (COTA), after consultation with the supervising occupational therapist (OT), may discharge an individual from on-going service only if there is no evaluation component associated with the discharge from service. The supervising OT shall co-sign the appropriate documentation within 30 days.

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [December 22, 2009]2014

Notice of Continuation: January 21, 2014

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