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 76.8 - Supervision of occupational therapy assistant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written
				  supervision plan, acceptable to the occupational therapist or licensed
				  physician providing direction and supervision, shall be required for each
				  occupational therapy assistant providing services pursuant to section 7902-a  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 occupational therapy assistant) 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.
(b)
				  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, reports and assessments.
(c) Consistent with the requirements of this
				  section, the determination of the level and type of supervision shall be based
				  on the ability level and experience of the occupational therapy assistant
				  providing the delegated occupational therapy services, the complexity of client
				  needs, the setting in which the occupational therapy assistant is providing the
				  services, and consultation with the occupational therapy assistant.
(d) The supervision plan shall require that
				  the occupational therapist or licensed physician 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.
(e) Direction and supervision means that the
				  occupational therapist or licensed physician:
(1) initiates, directs and participates in
				  the initial evaluation, interprets the evaluation data, and develops the
				  occupational therapy services plan with input from the occupational therapy
				  assistant;
(2) participates, on a
				  regular basis, in the delivery of occupational therapy services;
(3) is responsible for determining the need
				  for continuing, modifying, or discontinuing occupational therapy services,
				  after considering any reports by the occupational therapy assistant of any
				  changes in the condition of the client that would require a change in the
				  treatment plan;
(4) takes into
				  consideration information provided about the client's responses to and
				  communications during occupational therapy services; and
(5) is available for consultation with the
				  occupational therapy assistant in a timely manner, taking into consideration
				  the practice setting, the condition of the client and the occupational therapy
				  services being provided.