DAR File No. 42381

Commerce, Occupational and Professional Licensing

Rule R156-42a

Occupational Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 42381
Filed: 12/12/2017 01:32:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Occupational Therapy Licensing Board and the Division of Occupational and Professional Licensing (Division) recommend these proposed amendments to clarify the education and examination requirements for licensure as an occupational therapist and an occupational therapy assistant.

Summary of the rule or change:

Sections R156-42a-302b and R156-42a-302d are deleted as they are unnecessary and confusing. Section R156-42a-302b simply repeats some of the statutory language in Subsections 58-42a-302(1)(d) and (2)(d), while Section R156-42a-302d needlessly sets apart the examination component of the certification requirement. New Section R156-42a-302a replaces the deleted Sections R156-42a-302b and R156-42a-302d. This new section clarifies that an applicant shall meet the education and examination requirements of Section 58-42a-302 by holding a current certification with the National Board for Certification in Occupational Therapy (NBCOT). Specifically, an applicant for an occupational therapist license shall hold current certification as an Occupational Therapist Registered (OTR), and an applicant for an occupational therapy assistant shall hold current certification as a Certified Occupational Therapy Assistant (COTA). New Section R156-42a-302b clarifies: 1) that to obtain a license by endorsement, an applicant's license must be both active and in good standing; and 2) that the phrase "notwithstanding the other requirements of this section" in Subsection 58-42a-302(3) refers only to the modified education, experience, or examination requirements and not the other requirements for licensure, such as the requirement for good moral character as it relates to the functions and responsibilities of the profession.

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:

These proposed amendments only clarify the existing requirements for licensure; accordingly, they will not cause anyone to experience a cost or benefit, and will not alter the price or quantity of any exchanges between any parties. Therefore, this rule is not expected to impact the state beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective.

local governments:

These proposed amendments only clarify the existing requirements for licensure; accordingly, they will not cause anyone to experience a cost or benefit, and will not alter the price or quantity of any exchanges between any parties. Therefore, this rule is not expected to impact local governments.

small businesses:

These proposed amendments only clarify the existing requirements for licensure; accordingly, they will not cause anyone to experience a cost or benefit, and will not alter the price or quantity of any exchanges between any parties. Therefore, this rule is not expected to impact small businesses.

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

These proposed amendments only clarify the existing requirements for licensure; accordingly, they will not cause anyone to experience a cost or benefit, and will not alter the price or quantity of any exchanges between any parties. Therefore, this rule is not expected to impact other persons.

Compliance costs for affected persons:

These amendments only clarify the existing requirements for licensure and do not impose any additional compliance cost on any affected person.

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

These rule changes only clarify the existing requirements for licensure, and will not cause anyone to experience a cost or benefit, and will not alter the price or quantity of any exchanges between any parties. Therefore, this rule is not expected to impact small businesses. These rule amendments are not expected to impact small or non-small businesses.

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:

• Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@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:

01/31/2018

This rule may become effective on:

02/07/2018

Authorized by:

Mark Steinagel, Director

Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses

	FY 2018	FY 2019	FY 2020
Fiscal Costs
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

These rule amendments are not expected to impact small or non-small businesses.

 

R156. Commerce, Occupational and Professional Licensing.

R156-42a. Occupational Therapy Practice Act Rule.

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

In accordance with Subsections 58-42a-302(1)(d) and (f), 58-42a-302(2)(d) and (f), and 58-42a-302(3)(b), the education and examination requirements for licensure are established as follows:

(1) An applicant for licensure as an occupational therapist shall hold current certification as an Occupational Therapist Registered (OTR) with the National Board for Certification in Occupational Therapy (NBCOT).

(2) An applicant for licensure as an occupational therapy assistant shall hold current certification as a Certified Occupational Therapy Assistant (COTA) with the National Board for Certification in Occupational Therapy (NBCOT).

 

[R156-42a-302b. Qualifications for Licensure - Education Requirements.

The education requirements for licensure, in accordance with Section 58-42a-302, are established as follows:

(1) An applicant for licensure as an occupational therapist shall graduate from an occupational therapy program accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education.

(2) An applicant for licensure as an occupational therapy assistant shall graduate from an occupational therapy assistant program accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education.]

R156-42a-302b. Qualifications for Licensure - Endorsement or Examination.

(1) In accordance with Section 58-1-302, an applicant for licensure by endorsement under Subsection 58-42a-302(3)(a) shall submit satisfactory evidence that the applicant's license was both active and in good standing.

(2) As used in Subsection 58-42-302(3), the phrase "Notwithstanding the other requirements of this section" refers only to the education, experience, or examination requirements of Section 58-42a-302 as specifically modified by Subsection 58-42-302(3). All other requirements for licensure, such as good moral character as it relates to the functions and responsibilities of the profession, shall still apply.

 

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

The examination requirements for licensure, in accordance with Section 58-42a-302, are established as follows:

(1) An applicant for licensure as an occupational therapist shall pass the examination for certification from the National Board for Certification in Occupational Therapy as an occupational therapist registered.

(2) An applicant for licensure as an occupational therapy assistant shall hold current certification from the National Board for Certification in Occupational Therapy as a certified occupational therapy assistant.]

 

KEY: licensing, occupational therapy

Date of Enactment or Last Substantive Amendment: [June 8, 2017]2018

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