DAR File No. 41473

Commerce, Occupational and Professional Licensing

Section R156-42a-304

Continuing Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 41473
Filed: 04/13/2017 10:40:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Occupational Therapy Board are proposing the amendment to expand the definition of continuing education to allow for the supervision of occupational therapy students to account for some of the required continuing education. Allowing supervision of students is consistent with the national standards for maintenance of the National Board for Certification of Occupational Therapy (NBCOT) certification.

Summary of the rule or change:

The proposed amendment at Subsection R156-42a-304(5) allows the supervision of Level II occupational therapy students to account for two hours of continuing education for each student supervised, with a maximum of eight hours of continuing education during each two-year renewal cycle.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The only identified cost for the state budget is approximately $75 to republish the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

This proposed amendment does not apply to local government, so there should be no fiscal impact on local government.

small businesses:

The Division is not aware of any small businesses which would be affected by these proposed changes. Therefore, there are no identified costs or savings for small businesses.

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

This proposed amendment, which allows licensed occupational therapists to receive continuing education credit for supervising occupational therapy students, will save the supervising licensees the cost of attending courses for continuing education credit, up to a maximum of eight hours of credit during each two-year renewal cycle. However, this savings will likely be more than offset by the substantial time commitment required from the supervising licensees. For Level II fieldwork, the American Occupational Therapy Association's Standards require a minimum of 24 weeks full-time for occupational therapy students and 16 weeks full-time for occupational therapy assistant students. Still, this proposed amendment will remain financially beneficial for those licensees who would have volunteered their time to supervise regardless of any financial incentive. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances.

Compliance costs for affected persons:

There are no identified compliance costs for affected persons, as this proposed amendment is merely financially beneficial to licensees who will qualify for this continuing education credit.

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

This amendment permits the supervision of Level II occupational therapy students to account for two hours of continuing education credit for each student supervised, with a maximum of eight hours of continuing education credit during each two-year renewal cycle. No fiscal impact to small business is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@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:

05/31/2017

Interested persons may attend a public hearing regarding this rule:

• 05/02/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

06/07/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

R156-42a-304. Continuing Education.

(1) Continuing education required by Subsection 58-42a-302.5(1) shall consist of 24 hours of qualified continuing professional education in each preceding two-year period of licensure or prior to reinstatement of licensure. Each hour of continuing professional education may include a 10-minute break.

(2) If a renewal period is shortened or extended to effect a change of renewal cycle, the continuing professional education hours required for that renewal period shall be increased or decreased accordingly as a pro rata amount of the requirements of a two-year period.

(3) The required number of contact hours of continuing professional education for an individual who first becomes licensed during the two-year renewal cycle shall be decreased by a pro-rata amount.

(4) The standards for qualified continuing professional education include:

(a) an identifiable clear statement of purposed and defined objective for the educational program directly related to the practice of occupational therapy;

(b) relevance to the licensee's professional practice;

(c) presentation in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the continuing education;

(d) preparation and presentation by individuals who are qualified by education, training, and experience;

(e) completion of a minimum of two hours related to legal and ethical principles of practice; and

(f) verification from the continuing education provider to licensee of the completed continuing education.

(5) Supervision of one Level II occupational therapy student may account for two hours of continuing education, up to a maximum of eight hours of continuing education during each renewal cycle.

(6) Records of qualified continuing education completion shall be maintained by the licensee and reported to the Division when requested.

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [December 1, 2015]2017

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