New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter B - Regulation of Professions › Part 76 - Occupational Therapy › Section 76.4 - Limited permits

Current through Register Vol. 46, No. 28, July 10, 2024
Limited permits issued or renewed pursuant to Education
					 Law, section
					 7905,
					 shall also be subject to the following requirements:
(a) The applicant shall submit satisfactory
				  evidence of completion of a registered program in occupational therapy or a
				  registered program for occupational therapy assistants, as applicable, or the
				  substantial equivalent of a registered program.
(b) Limited permits may be renewed once for a
				  period not to exceed one year at the discretion of the department because of
				  personal or family illness or other extenuating circumstances which prevented
				  the permittee from becoming licensed.
Supervision.
(1) A
				  written supervision plan, acceptable to the occupational therapist or licensed
				  physician providing direction and supervision, shall be required for each
				  permittee providing services pursuant to section 7905 
				  of the Education Law. The written supervision plan shall specify the names,
				  professions and other credentials of the persons participating in the
				  supervisory process, the frequency of formal supervisory contacts; the methods
				  (e.g., in-person, by telephone) and types (e.g., review of charts, discussion
				  with permittee) of supervision; the content areas to be addressed; how written
				  treatment notes and reports will be reviewed, including, but not limited to,
				  whether such notes and reports will be initialed or co-signed by the
				  supervisor; and how professional development will be fostered.
(2) Documentation of supervision shall
				  include the date and content of each formal supervisory contact as identified
				  in the written supervision plan and evidence of the review of all treatment
				  notes and reports.
(3) The
				  determination of the level and type of supervision shall be based on the
				  ability level and experience of the permittee providing the delegated
				  occupational therapy services, the complexity of client needs, and the setting
				  in which the permittee is providing the services. The supervision plan shall
				  require that the supervisor be notified whenever there is a clinically
				  significant change in the condition or performance of the client, so that an
				  appropriate supervisory action can take place.
(4) Direct supervision shall mean that the
				  supervisor:
(i) initiates, directs and
				  participates in the initial evaluation to the extent required in the
				  supervision plan, interprets the evaluation data, and develops the occupational
				  therapy services plan with input from the permittee;
(ii) participates, on a regular basis, in the
				  delivery of occupational therapy services to the extent required in the
				  supervision plan;
(iii) is
				  responsible for determining the need for continuing, modifying, or
				  discontinuing occupational therapy services;
(iv) takes into consideration information
				  provided by the permittee about the client's responses to and communications
				  during occupational therapy services; and
(v) is available for consultation with the
				  permittee in a timely manner, taking into consideration the practice setting,
				  the condition of the client and the occupational therapy services being
				  provided.
(5) In no
				  event shall the occupational therapist or licensed physician supervise more
				  than five permittees, or its full time equivalent, provided that the total
				  number of permittees being supervised by a single occupational therapist or
				  licensed physician shall not exceed 10.