reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › GENERAL PROVISIONS › Section 42.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
AOTA
-American Occupational Therapy
						Association.
Act
-The Occupational Therapy Practice
						Act (63 P. S. §§
												1501-1519).
Applicant
-An individual seeking
						licensure under the act as an occupational therapist or an occupational therapy
						assistant.
Board
-The State Board of Occupational
						Therapy Education and Licensure of the Commonwealth.
Certification
-Recognition by the NBCOT
						that an individual is a registered occupational therapist or a certified
						occupational therapy assistant.
Commissioner
-The Commissioner of
						Professional and Occupational Affairs.
Equivalent program
-A masters or
						certificate program in occupational therapy approved by the Board.
Jurisdiction
-A state, territory or
						country.
Licensee
-An individual who has been
						licensed under the act as an occupational therapist or an occupational therapy
						assistant.
Licensure examination
-The Certification
						Examination for Occupational Therapist, Registered, or the Certification
						Examination for Occupational Therapy Assistant prepared and administered by the
						NBCOT.
NBCOT
-National Board for Certification
						in Occupational Therapy, Inc.
Service recipient
-The patient or client
						who directly receives care or services from the licensee.
Surrogate
-The spouse, parent or guardian
						of the service recipient.
The provisions of this §
													42.1 issued under sections 5(b)
						  and 8(2) of the Occupational Therapy Practice Act (63 P.S. §§
														1505(b) and
						  1508(2)); amended under
						  sections 5(b) and 8(2) of the Occupational Therapy Practice Act (63 P.S.
						  §§
														1505(b) and
						  1508(2).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › GENERAL PROVISIONS › Section 42.2 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Under 1 Pa. Code §
											31.1 (relating to scope of part),
					 1 Pa. Code Part II (relating to general rules of administrative practice and
					 procedure) is applicable to practice and procedure before the Board.
(b) Official Board meetings will be conducted
					 according to Roberts' Rules of Order.
The provisions of this §
													42.2 issued under section 5(b) of
						  the act of June 15, 1982 (P.L. 502, No. 140) (63 P.S. §
														1505(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › GENERAL PROVISIONS › Section 42.3 - Meetings of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Action may be taken by the Board at a constituted meeting
						at which a majority of appointed Board members are present. A simple majority
						of the members present and voting determine action to be taken by the Board.
						Minutes will be kept of Board meetings, and, upon approval by the Board, will
						become the official minutes.
The provisions of this §
													42.3 issued under sections 5(b)
						  and 8(2) of the Occupational Therapy Practice Act (63 P.S. §§
														1505(b) and
						  1508(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE BY ENDORSEMENT › Section 42.9 - Licensure by endorsement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements for issuance.
To be issued a license by
					 endorsement under
					 63 Pa.C.S. §
												3111
					 (relating to licensure by endorsement), an applicant shall satisfy all of the
					 following conditions:
(1) Have a current
					 license, certificate, registration or permit in good standing to practice as an
					 occupational therapist or an occupational therapy assistant in another
					 jurisdiction whose standards are substantially equivalent to or exceed those
					 established under section 8 of the act (63 P.S. §
													1508) and §§
												42.11 and
					 42.13(a)
					 (relating to licensure examination; and application for licensure). The
					 following apply:
(i) An applicant shall
					 submit a copy of the current applicable law, regulation or other rule governing
					 licensure, certification, registration or permit requirements and scope of
					 practice in the jurisdiction that issued the license, certificate, registration
					 or permit.
(ii) If the applicable
					 law, regulation or other rule is in a language other than English, at the
					 applicant-s expense, the applicable law, regulation or other rule shall be
					 translated by a professional translation service and verified to be complete
					 and accurate.
(iii) The copy of the
					 applicable law, regulation or other rule must include the enactment
					 date.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE BY ENDORSEMENT › Section 42.10 - Provisional endorsement license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provisional endorsement license.
The Board may, in its
					 discretion, issue a provisional endorsement license to an applicant while the
					 applicant is satisfying remaining requirements for licensure by endorsement
					 under
					 63 Pa.C.S. §
												3111
					 (relating to licensure by endorsement) and §
											42.9 (relating to licensure by
					 endorsement).
(b)
Expiration of a provisional endorsement license.
(1) An individual holding a provisional
					 endorsement license may practice for up to 1 year after issuance of the
					 provisional endorsement license. The Board, in its discretion, may determine
					 that an expiration date of less than 1 year is appropriate.
(2) Upon a written request and a showing of
					 good cause, the Board may grant an extension of no longer than 1 year from the
					 expiration date of the provisional endorsement license.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.11 - Licensure examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 licensure examinations will be scheduled at least twice each year at times and
					 places designated by the NBCOT.
(b)
					 The applicant shall apply to NBCOT for admission to the licensure examination
					 and shall pay the required fee at the direction of NBCOT.
(c) The applicant is responsible for
					 directing that NBCOT send the applicant's examination results and other
					 information requested to the Board.
(d) The passing score shall be that
					 established by the NBCOT for each administration of the licensure
					 examination.
(e) After the first
					 failure, the applicant may take the next scheduled examination or the
					 examination following the next scheduled examination. After a second or
					 successive failure of the licensure examination, the Board may require the
					 applicant to complete additional training approved by the Board. Written notice
					 will be provided to the applicant as to what additional training will be
					 required.
The provisions of this §
													42.11 issued under sections 5(b)
						  and 8(2) of the Occupational Therapy Practice Act (63 P.S. §§
														1505(b) and
						  1508(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.12 - Waiver of licensure examination

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant may be licensed without examination who
						presents one of the following to the Board:
(1) Satisfactory evidence on forms provided
					 by the Board, that the applicant is licensed or registered as an occupational
					 therapist or occupational therapy assistant in another state, territory of the
					 United States or the District of Columbia, which has requirements for licensure
					 substantially equivalent to those of the Commonwealth.
(2) Satisfactory evidence that the applicant
					 has successfully completed the NBCOT Certification Examination and is currently
					 certified by NBCOT as a registered occupational therapist or an occupational
					 therapy assistant.
The provisions of this §
													42.12 issued under sections 5(b)
						  and 8(2) of the Occupational Therapy Practice Act (63 P.S. §§
														1505(b) and
						  1508(2)).
This section cited in 49 Pa. Code §
													42.13 (relating to application for
						  licensure); 49 Pa. Code §
													42.14 (relating to foreign-trained
						  applicants); 49 Pa. Code §
													42.16 (relating to biennial
						  renewal; inactive status; failure to
						  renew).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.13 - Application for licensure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
					 apply for licensure, an applicant shall pay the required fee and submit or
					 cause to be submitted evidence satisfactory to the Board, on forms provided by
					 the Board, that the applicant meets the following criteria:
(1) Is of good moral character.
(2) Has successfully completed an educational
					 program for occupational therapists or occupational therapy assistants that is
					 either:
(i) Accredited by the Accreditation
					 Council for Occupational Therapy Education (ACOTE) or predecessor
					 organizations.
(ii) Approved by the
					 Board and accredited by a National programmatic accrediting agency recognized
					 by the United States Department of Education.
(3) Has successfully completed a period of
					 supervised fieldwork experience as a part of an accredited educational program
					 as required by paragraph (2) as follows:
(i)
					 For an occupational therapist, a minimum of 6 months of supervised
					 fieldwork.
(ii) For an occupational
					 therapy assistant, a minimum of 2 months of supervised
					 fieldwork.
(4) Has passed
					 the licensure examination or has qualified for a waiver of the licensure
					 examination under §
												42.12 (relating to waiver of
					 licensure examination).
(5) Has
					 completed 3 hours of approved training in child abuse recognition and reporting
					 in accordance with §
												42.48 (relating to child abuse
					 recognition and reporting-mandatory training requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.14 - Foreign-educated applicants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
					 apply for licensure, the foreign-educated applicant shall, before examination,
					 submit or cause to be submitted evidence to the Board, on forms provided by the
					 Board, that the applicant meets the following requirements:
(1) Is of good moral character.
(2) Has completed educational requirements
					 substantially equal to §
												42.13(2)
					 (relating to application for licensure). The Board will accept a credentials
					 evaluation done by the NBCOT as proof that the foreign-educated applicant has
					 completed the educational requirements.
(3) Has completed 3 hours of approved
					 training in child abuse recognition and reporting in accordance with §
												42.48 (relating to child abuse
					 recognition and reporting-mandatory training requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.15 - Application for temporary license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Board may issue a temporary license to an applicant who pays the required
					 fee and submits evidence satisfactory to the Board, on forms provided by the
					 Board, that the applicant:
(1) Has met
					 requirements for licensure under
					 42.13 (relating to application for
					 licensure).
(2) Is eligible and has
					 applied to take the licensure examination or has failed the licensure
					 examination but applied to retake the examination on the next scheduled date if
					 the following applies:
(i) The temporary
					 license shall expire automatically upon the failure of the applicant to take
					 the licensure examination, except for an appropriate excuse approved by the
					 Board.
(ii) The temporary license
					 shall expire automatically upon receipt by the applicant of notice of failure
					 of re-examination, and the applicant may not be eligible for another temporary
					 license for a period of 1 year from the date of the notice.
(iii) Even after 1 year from the date of
					 notice of failure of re-examination, the applicant may not be issued another
					 temporary license, except at the discretion of the
					 Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.16 - Biennial renewal; inactive status; failure to renew

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A license granted under the act expires
					 on June 30 of every odd numbered year unless renewed for the next
					 biennium.
(b) Biennial renewal
					 forms, other forms and literature, and other official documents to be
					 distributed by the Board or the Department of State will be sent to the last
					 mailing address of record. The licensee has the responsibility to notify the
					 Board of changes to the mailing address of record in writing within 10 days
					 after making the address change.
(c) To retain the right to engage in
					 practice, the licensee shall renew the licensee-s license biennially as
					 follows:
(1) An occupational therapist shall
					 complete the biennial renewal application, pay the required fee, certify
					 completion of the continued competence requirement as specified in §
												42.53 (relating to continued
					 competency requirements), submit or cause to be submitted documentation
					 verifying the completion of at least 2 hours of approved continuing education
					 in child abuse recognition and reporting in accordance with §
												42.48(b)
					 (relating to child abuse recognition and reporting-mandatory training
					 requirement) and certify maintenance of the required professional liability
					 insurance coverage as specified in §
												42.61 (relating to professional
					 liability insurance requirement which must include the insurance company name
					 and policy number, as applicable.
(2) An occupational therapy assistant shall
					 complete the biennial renewal application, pay the required fee, certify
					 completion of the continued competence requirement as specified in §
												42.53 and submit or cause to be
					 submitted documentation verifying the completion of at least 2 hours of
					 approved continuing education in child abuse recognition and reporting in
					 accordance with § 42.48(b).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.17 - Licensure fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The fee
					 schedule for licensure as an occupational therapist shall be as follows:
Application for
								  license...........................................
$30
Biennial renewal of
								  license...................................
$55
Temporary
								  license................................................
$20
Verification of
								  licensure......................................
$15
Certification of license, scores or
								  hours.....................
$25
(b) The fee schedule for licensure
								  as an occupational therapy assistant shall be as follows:
Application for
								  license...........................................
$30
Biennial renewal of
								  license...................................
$45
Temporary
								  license................................................
$20
Verification of
								  licensure.......................................
$15
Certification of license, scores or
								  hours.............
$25
(c) The fee schedule for continued
								  competency providers and courses shall be as follows:
Initial provider approval
								  ....................................
$40
Biennial renewal of provider
								  approval................
$40
Individual activity
								  approval..................................
$40
The provisions of this §
													42.17 issued under section 5 of
						  the Occupational Therapy Practice Act (63 P. S. §
														1505); amended under sections 5(b) and 15(a)
						  of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1515(a)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › LICENSURE › Section 42.19 - Licensee's change of name or address; service of process and legal papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee's
					 name and address on file with the Board shall be deemed the licensee's official
					 name and address for the purpose of service of process and other legal
					 papers.
(b) A licensee's name on
					 file with the Board shall be the name that appears on the license unless that
					 name is legally changed, in which case the licensee shall report the change and
					 the reason for the change to the Board in writing within 10 days of the
					 change.
(c) A licensee who changes
					 an address on file with the Board shall notify the Board in writing within 10
					 days. Licensees who do not comply with this subsection shall bear full
					 responsibility for failure to receive correspondence from the Board, including
					 biennial renewal notification.
The provisions of this §
													42.19 issued under sections 5(b)
						  and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S.
						  §§
														1505(b) and
						  1506(a)(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › MINIMUM STANDARDS OF PRACTICE › Section 42.21 - Delegation of duties to aides and other unlicensed personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee may
					 delegate to aides and other unlicensed personnel duties associated with
					 nontreatment aspects of occupational therapy services if the following
					 conditions are met:
(1) The licensee who
					 delegates a duty shall accept professional responsibility for the performance
					 of that duty by the aide or other unlicensed person to whom it is delegated.
					 Responsibility for the performance of a duty delegated by an occupational
					 therapy assistant shall lie with both the assistant and with the occupational
					 therapist who supervises that assistant.
(2) The aide or other unlicensed person does
					 not perform an activity which requires licensure under the
					 act.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › MINIMUM STANDARDS OF PRACTICE › Section 42.22 - Supervision of occupational therapy assistants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 3 of the act (63 P. S. §
												1503) provides that licensed occupational
					 therapy assistants may assist in the practice of occupational therapy only
					 under the supervision of an occupational therapist. "Under the supervision of
					 an occupational therapist" means that an occupational therapist currently
					 licensed by the Board:
(1) Evaluates the
					 patient/client.
(2) Prepares a
					 written program plan.
(3) Assigns
					 treatment duties based on that program plan to an occupational therapy
					 assistant currently licensed by the Board who has been specifically trained to
					 carry out those duties.
(4)
					 Monitors the occupational therapy assistant's performance.
(5) Accepts professional responsibility for
					 the occupational therapy assistant's performance.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › MINIMUM STANDARDS OF PRACTICE › Section 42.23 - Supervision of applicants with temporary licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 9(a)(3) of the act (63 P. S. §
												1509(a)(3)) provides that an
					 applicant for licensure who holds a temporary license shall practice
					 occupational therapy or provide services "only as an assistant under the direct
					 supervision of an occupational therapist licensed pursuant to this act." With
					 regard to a temporary licensee under section 9(a)(3), "direct supervision"
					 means that:
(1) The supervisor is onsite at
					 least 25% of the time worked by the temporary licensee and at all other times
					 is available for prompt consultation by telephone or otherwise.
(2) The supervisor has face-to-face
					 individual contact with the temporary licensee at least weekly in the case of a
					 temporarily licensed occupational therapist and at least daily in the case of a
					 temporarily licensed occupational therapy assistant. This contact shall include
					 observation of the temporary licensee performing occupational
					 therapy.
(3) In addition to the
					 contact described in paragraph (2), the supervisor has face-to-face, telephone
					 or written supervisory contact with the temporary licensee at least daily in
					 the case of a temporarily licensed occupational therapist and as needed in the
					 case of a temporarily licensed occupational therapy assistant. For purposes of
					 this paragraph, face-to-face contact may include group conferences among the
					 supervisor and two or more supervisees.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › MINIMUM STANDARDS OF PRACTICE › Section 42.24 - Code of ethics

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensees
					 shall adhere to the American Occupational Therapy Association (AOTA)
Occupational Therapy Code of Ethics (2015)
, except as provided
					 in subsections (b) and (c).
(b)
					 Whenever there is a conflict between the AOTA
Occupational Therapy Code
					 of Ethics (2015)
and Federal or State law, licensees shall adhere to
					 Federal and State law.
(c) Whenever
					 there is a conflict between the AOTA
Occupational Therapy Code of
					 Ethics (2015)
and this chapter, licensees shall adhere to this
					 chapter.
The provisions of this §
													42.24 issued under sections 5(b)
						  and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S.
						  §§
														1505(b) and
						  1506(a)(2)); amended under
						  section 5(b) of the Occupational Therapy Practice Act (63 P.S. §
														1505(b)).
This section cited in 49 Pa. Code §
													42.46 (relating to
						  confidentiality-waived).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › MINIMUM STANDARDS OF PRACTICE › Section 42.25 - Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Written
					 orders.
An occupational therapist shall accept a referral in the form
					 of a written order from a licensed physician, licensed optometrist, licensed
					 podiatrist, certified registered nurse practitioner or licensed physician
					 assistant.
(b)
Oral
					 orders.
(1) An occupational
					 therapist may accept a referral in the form of an oral order if it is
					 impractical for the licensed physician, licensed optometrist, licensed
					 podiatrist, certified registered nurse practitioner or licensed physician
					 assistant to provide the order in writing.
(2) An occupational therapist receiving an
					 oral order shall immediately transcribe the order in the patient's medical
					 record, including the date and time the order was received, and sign the
					 medical record.
(3) The
					 occupational therapist in a private office setting who has received an oral
					 order shall obtain the countersignature of the licensed physician, licensed
					 optometrist, licensed podiatrist, certified registered nurse practitioner or
					 physician assistant who issued the order within 5 days of receiving the
					 order.
(4) If the occupational
					 therapist who receives an oral order provides services in a setting that is
					 independent of the prescriber's setting, the occupational therapist may accept
					 the countersignature of the ordering licensed physician, licensed optometrist,
					 licensed podiatrist, certified registered nurse practitioner or physician
					 assistant on a written copy of the order that is mailed or faxed to the
					 occupational therapist.
(5) If an
					 occupational therapist provides services in a facility licensed by the
					 Department of Health, the countersignature of the ordering licensed physician,
					 licensed optometrist, licensed podiatrist, certified registered nurse
					 practitioner or physician assistant shall be obtained in accordance with the
					 applicable regulations of the Department of Health governing the facility,
					 including 28 Pa. Code §§
												211.3 and
					 601.31 (relating to oral and
					 telephone orders; and acceptance of patients, plan of treatment and medical
					 supervision).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › DISCIPLINARY PROCEEDINGS › Section 42.31 - Unprofessional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who engages in unprofessional conduct is
						subject to disciplinary action under section 16 of the act (63 P. S. §
												1516). Unprofessional conduct includes the
						following:
(1) Harassing, abusing or
					 intimidating a patient physically, verbally or sexually.
(2) Divulging, without patient or family
					 consent, or both, information gained in the patient-therapist relationship to
					 anyone not a member of the patient's immediate family or not a health-care
					 professional or educational team member, unless under a statute or court
					 order.
(3) Receiving a fee for
					 referring a patient to a third person.
(4) Accepting a patient for treatment or
					 continuing treatment if benefit cannot reasonably be expected to accrue to the
					 patient or client, or misleading a patient as to the benefits to be derived
					 from occupational therapy.
(5)
					 Guaranteeing the results of therapy, consultation or procedure.
(6) Practicing while using or under the
					 influence of alcohol, narcotics or another type of drug, chemical or material
					 which impairs judgment or coordination.
(7) Practicing without reasonable skill and
					 safety to patients due to a physical or mental condition which impairs judgment
					 or coordination or addiction to alcohol, narcotics or another type of drug,
					 chemical or material which impairs judgment or coordination.
(8) Practicing outside the lawful scope of
					 occupational therapy as defined in section 3 of the act (63 P. S. §
												1503) or not in accordance with section 14 of
					 the act (63 P. S. §
												1514).
The provisions of this §
													42.31 issued under sections 5(b)
						  and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S.
						  §§
														1505(b) and
						  1506(a)(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.42 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
(1) Under
					 23 Pa.C.S. §
													6311
					 (relating to persons required to report suspected child abuse), licensees of
					 the Board are considered mandated reporters. A mandated reporter shall make a
					 report of suspected child abuse in accordance with this section if the licensee
					 has reasonable cause to suspect that a child is a victim of child abuse under
					 any of the following circumstances:
(i) The
					 mandated reporter comes into contact with the child in the course of
					 employment, occupation and practice of the profession or through a regularly
					 scheduled program, activity or service.
(ii) The mandated reporter is directly
					 responsible for the care, supervision, guidance or training of the child, or is
					 affiliated with an agency, institution, organization, school, regularly
					 established church or religious organization or other entity that is directly
					 responsible for the care, supervision, guidance or training of the
					 child.
(iii) A person makes a
					 specific disclosure to the mandated reporter that an identifiable child is the
					 victim of child abuse.
(iv) An
					 individual 14 years of age or older makes a specific disclosure to the mandated
					 reporter that the individual has committed child abuse.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.43 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may take or cause to be taken photographs of
						the child who is subject to a report and, if clinically indicated, cause to be
						performed a radiological examination and other medical tests on the child.
						Medical summaries or reports of the photographs, X-rays and relevant medical
						tests taken shall be sent to the county children and youth social service
						agency at the time the written report is sent, or within 48 hours after an
						electronic report is made under §
											42.42(c)(2)
						(relating to suspected child abuse-mandated reporting requirements), or as soon
						thereafter as possible. The county children and youth social service agency
						shall have access to actual photographs or duplicates and X-rays and may obtain
						them or duplicates of them upon request. Medical summaries or reports of the
						photographs, X-rays and relevant medical tests shall be made available to law
						enforcement officials in the course of investigating cases under
						23 Pa.C.S. §
												6340(a)(9) or
						(10) (relating to release of information in
						confidential reports).
The provisions of this §
													42.43 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 5 of
						  the Occupational Therapists Practice Act (63 P. S. §
														1505); amended under sections 5(b) and
						  6(a)(2) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1506(a)(2)).
This section cited in 49 Pa. Code §
													42.41 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													42.46 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													42.47 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.44 - Suspected death as a result of child abuse- mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who has reasonable cause to suspect that a
						child died as a result of child abuse shall report that suspicion to the
						coroner or medical examiner of the county where death occurred or, in the case
						where the child is transported to another county for medical treatment, to the
						coroner or medical examiner of the county where the injuries were
						sustained.
The provisions of this §
													42.44 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 5 of
						  the Occupational Therapists Practice Act (63 P. S. §
														1505); amended under sections 5(b) and
						  6(a)(2) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1506(a)(2)).
This section cited in 49 Pa. Code §
													42.41 (relating to definitions
						  relating to child abuse reporting requirements); 49 Pa. Code §
													42.46 (relating to
						  confidentiality-waived); and 49 Pa. Code §
													42.47 (relating to
						  noncompliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.45 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						23 Pa.C.S. §
												6318
						(relating to immunity from liability), a licensee who participates in good
						faith in the making of a report of suspected child abuse, making a referral for
						general protective services, cooperating or consulting with an investigation
						including providing information to a child fatality or near fatality review
						team, testifying in a proceeding arising out of an instance of suspected child
						abuse or general protective services or engaging in any action authorized under
						23 Pa.C.S. §§
												6314-6317, shall have immunity from civil and
						criminal liability that might otherwise result by reason of the licensee-s
						actions. For the purpose of any civil or criminal proceeding, the good faith of
						the licensee shall be presumed. The Board will uphold the same good faith
						presumption in any disciplinary proceeding that might result by reason of a
						licensee-s actions under §§
											42.42 -
						42.44 (relating to suspected child
						abuse-mandated reporting requirements; photographs, medical tests and X-rays of
						a child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement).
The provisions of this §
													42.45 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 5 of
						  the Occupational Therapists Practice Act (63 P. S. §
														1505); amended under sections 5(b) and
						  6(a)(2) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1506(a)(2)).
This section cited in 49 Pa. Code §
													42.41 (relating to definitions
						  relating to child abuse reporting
						  requirements).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.46 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
To protect children from abuse, the reporting
						requirements of §§
											42.42-42.44 (relating to suspected child
						abuse-mandated reporting requirements; photographs, medical tests and X-rays of
						child subject to report; and suspected death as a result of child
						abuse-mandated reporting requirement) take precedence over provisions in §
											42.24(1)(iv)
						(relating to code of ethics) and any other client confidentiality, ethical
						principle or professional standard that might otherwise apply. In accordance
						with
						23 Pa.C.S. §
												6311.1
						(relating to privileged communications), privileged communications between a
						mandated reporter and a patient/client does not apply to a situation involving
						child abuse and does not relieve the mandated reporter of the duty to make a
						report of suspected child abuse.
The provisions of this §
													42.46 issued under the Child
						  Protective Services Law,
						  23 Pa.C.S. §
														6383(b)(2); and section 5 of
						  the Occupational Therapists Practice Act (63 P. S. §
														1505).
This section cited in 49 Pa. Code §
													42.41 (relating to definitions
						  relating to child abuse reporting
						  requirements).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.47 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary action.
A licensee who willfully fails to comply
					 with the reporting requirements in §§
											42.42 -
					 42.44 (relating to suspected child
					 abuse-mandated reporting requirements; photographs, medical tests and X-rays of
					 child subject to report; and suspected death as a result of child
					 abuse-mandated reporting requirement) will be subject to disciplinary action
					 under section 16 of the act (63 P.S. §
												1516).
(b)
Criminal penalties.
Under
					 23 Pa.C.S. §
												6319
					 (relating to penalties), a licensee who is required to report a case of
					 suspected child abuse or to make a referral to the appropriate authorities, and
					 who willfully fails to do so, commits a criminal offense, as follows:
(1) An offense not otherwise specified in
					 paragraphs (2), (3) or (4) is a misdemeanor of the second degree.
(2) An offense is a felony of the third
					 degree if all of the following apply:
(i) The
					 mandated reporter willfully fails to report.
(ii) The child abuse constitutes a felony of
					 the first degree or higher.
(iii)
					 The mandated reporter has direct knowledge of the nature of the
					 abuse.
(3) If the willful
					 failure to report continues while the mandated reporter knows or has reasonable
					 cause to suspect a child is being subjected to child abuse by the same
					 individual, or while the mandated reporter knows or has reasonable cause to
					 suspect that the same individual continues to have direct contact with children
					 through the individual-s employment, program, activity or service, the mandated
					 reporter commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the mandated reporter
					 commits a felony of the second degree.
(4) A mandated reporter who, at the time of
					 sentencing for an offense under
					 23 Pa.C.S. §
													6319,
					 has been convicted of a prior offense under
					 23 Pa.C.S. §
													6319,
					 commits a felony of the third degree, except that if the child abuse
					 constitutes a felony of the first degree or higher, the penalty for the second
					 or subsequent offense is a felony of the second degree.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.49 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual,
					 entity or organization may apply for approval to provide mandated reporter
					 training as required under
					 23 Pa.C.S. §
												6383(b) (relating to
					 education and training) by submitting the course materials set forth in
					 subsection (b) simultaneously to the Department of Human Services, Office of
					 Children, Youth and Families, and to the Bureau at the following addresses:
(1) Department of Human Services, Office of
					 Children, Youth and Families, Health and Welfare Building, 625 Forster Street,
					 Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational
					 Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or
					 electronically at RA-stcpsl_course_app@ pa.gov.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.51 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of §§
											42.52-42.58 is to implement section
						15(a) of the act (63 P.S. §
												1515(a)), which authorizes
						the Board to establish additional requirements for licensure renewal to ensure
						continued competency to achieve the legislative purpose in section 2 of the act
						(63
						P.S. §
												1502) to ensure the highest
						degree of professional care and conduct on the part of
						licensees.
The provisions of this §
													42.51 issued under sections 5(b)
						  and 15(a) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1515(a)); amended under
						  sections 5(b), 8(5)(vi) and 15(a) of the Occupational Therapy Practice Act
						  (63
						  P.S. §§
														1505(b),
						  1508(5)(vi) and
						  1515(a)).
This section cited in 49 Pa. Code §
													42.52 (relating to
						  definitions).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CONTINUED COMPETENCY › Section 42.53 - Continued competency requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Beginning with the July 1, 2013-June 30,
					 2015, biennium, an occupational therapist shall complete a minimum of 24
					 contact hours in each biennial period in acceptable continued competency
					 activities listed in §
											42.55 (relating to acceptable
					 continued competency activities) as a condition of licensure renewal. Beginning
					 with the July 1, 2019-June 30, 2021, biennium, an occupational therapy
					 assistant shall complete a minimum of 24 contact hours in each biennial period
					 in acceptable continued competency activities listed in §
											42.55 as a condition of licensure
					 renewal. At least 2 hours of the required 24 hours shall be completed in child
					 abuse recognition and reporting in accordance with §
											42.48 (relating to child abuse
					 recognition and reporting- mandatory training requirement).
(b) With the limited exception of the 2 hours
					 of mandated training in child abuse recognition and reporting, a licensee is
					 exempt from complying with subsection (a) for the first biennial renewal period
					 following initial licensure.
(c) A
					 licensee seeking to reactivate a lapsed or inactive license shall show
					 compliance with the continued competency contact hour requirement, including at
					 least 2 hours of training in child abuse recognition and reporting, during the
					 2-year period immediately preceding application for reactivation.
(d) As a condition of reinstatement, a
					 licensee whose license has been suspended or revoked shall complete the
					 required continued competency contact hours for each licensure biennium in
					 which the license was suspended or revoked, including at least 2 hours of
					 approved training in child abuse recognition and
					 reporting.
The provisions of this §
													42.53 issued under sections 5(b)
						  and 15(a) of the Occupational Therapy Practice Act (63 P. S. §§
														1505(b) and
						  1515(a)); amended under
						  sections 5(b), 8(5)(vi) and 15(a) of the Occupational Therapy Practice Act
						  (63
						  P.S. §§
														1505(b),
						  1508(5)(vi) and
						  1515(a)).
This section cited in 49 Pa. Code §
													42.16 (relating to biennial
						  renewal; inactive status; failure to renew); 49 Pa. Code §
													42.51 (relating to purpose); and
						  49 Pa. Code §
													42.52 (relating to
						  definitions).