PRINTER'S NO. 1050
No. 897 Session of 2007
INTRODUCED BY GREENLEAF, VANCE, WASHINGTON, WONDERLING, FONTANA
AND WAUGH, MAY 22, 2007
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 22, 2007
AN ACT
1 Amending the act of June 15, 1982 (P.L.502, No.140), entitled
2 "An act regulating the practice and licensure of occupational
3 therapy, creating the State Board of Occupational Therapy
4 Education and Licensure with certain powers and duties and
5 prescribing penalties," further providing for creation of the
6 board, for practice and referrals and for renewal of
7 licenses; and providing for impaired professionals program.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4(d) of the act of June 15, 1982
11 (P.L.502, No.140), known as the Occupational Therapy Practice
12 Act, is amended to read:
13 Section 4. Creation of board, appointment and term of members,
14 officers.
15 * * *
16 (d) A member of the board shall be eligible for
17 reappointment. A member shall not be appointed to serve more
18 than two consecutive terms. A member shall receive reimbursement
19 for reasonable expenses incurred while engaged in the discharge
20 of official duties, as well as a [$30] $60 per diem allowance.
1 * * *
2 Section 2. Section 14 of the act, amended May 18, 2004
3 (P.L.220, No.30), is amended to read:
4 Section 14. Practice and referral.
5 (a) An occupational therapist may enter a case for the
6 purposes of providing indirect services, consultation,
7 evaluating an individual as to the need for services and other
8 occupational therapy services for conditions such as perceptual,
9 cognitive, sensory integration and similar conditions.
10 Implementation of direct occupational therapy to an individual
11 for a specific medical condition shall be based on a referral
12 from a licensed physician, licensed optometrist [or a], licensed
13 podiatrist[.] or licensed certified registered nurse
14 practitioner.
15 (b) This act shall not be construed as authorization for an
16 occupational therapist or occupational therapy assistant to
17 practice a branch of the healing arts except as described in
18 this act.
19 Section 3. Section 15 of the act is amended to read:
20 Section 15. Renewal of license; effect of license suspension or
21 revocation.
22 (a) A license issued under this act shall be renewed
23 biennially upon payment of the renewal fee prescribed in section
24 17. It shall expire unless renewed in the manner prescribed by
25 the regulations of the board. The board may provide for the late
26 renewal of a license upon the payment of a late fee. A late
27 renewal of a license shall not be granted more than four years
28 after its expiration. A license shall be renewed after the four-
29 year period only by complying with section 11. The board may
30 establish additional requirements for license renewal designed
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1 to assure continued competency of the applying occupational
2 therapist or occupational therapy assistant.
3 * * *
4 Section 4. The act is amended by adding a section to read:
5 Section 16.1. Impaired professionals program.
6 (a) The board, with the approval of the Commissioner of
7 Professional and Occupational Affairs, shall appoint and fix the
8 compensation of a professional consultant with education and
9 experience in the identification, treatment and rehabilitation
10 of persons with physical or mental impairments. Such consultant
11 shall be accountable to the board and shall act as a liaison
12 between the board and treatment programs, such as alcohol and
13 drug treatment programs licensed by the Department of Health,
14 psychological counseling and impaired professionals support
15 groups approved by the board and which provide services to
16 licensees under this act.
17 (b) The board may defer and ultimately dismiss any of the
18 types of corrective action set forth in this act for an impaired
19 professional so long as the licensee is progressing
20 satisfactorily in an approved treatment program, provided that
21 the provisions of this subsection shall not apply to a licensee
22 who has been convicted of, pleaded guilty to or entered a plea
23 of nolo contendere to a felonious act prohibited by the act of
24 April 14, 1972 (P.L.233, No.64), known as "The Controlled
25 Substance, Drug, Device and Cosmetic Act," or the conviction of
26 a felony relating to a controlled substance in a court of law of
27 the United States or any other state, territory or country. An
28 approved program provider shall, upon request, disclose to the
29 consultant such information in its possession regarding an
30 impaired professional in treatment which the program provider is
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1 not prohibited from disclosing by an act of this Commonwealth,
2 another state or the United States. Such requirement of
3 disclosure by an approved program provider shall apply in the
4 case of impaired professionals who enter an agreement in
5 accordance with this section, impaired professionals who are the
6 subject of a board investigation or disciplinary proceeding and
7 impaired professionals who voluntarily enter a treatment program
8 other than under the provisions of this section but who fail to
9 complete the program successfully or to adhere to an after-care
10 plan developed by the program provider.
11 (c) An impaired professional who enrolls in an approved
12 treatment program shall enter into an agreement with the board
13 under which the professional's license shall be suspended or
14 revoked but enforcement of that suspension or revocation may be
15 stayed for the length of time the professional remains in the
16 program and makes satisfactory progress, complies with the terms
17 of the agreement and adheres to any limitations on his practice
18 imposed by the board to protect the public. Failure to enter
19 into such an agreement shall disqualify the professional from
20 the impaired professional program and shall activate an
21 immediate investigation and disciplinary proceeding by the
22 board.
23 (d) If, in the opinion of such consultant after consultation
24 with the provider, an impaired professional who is enrolled in
25 an approved treatment program has not progressed satisfactorily,
26 the consultant shall disclose to the board all information in
27 his or her possession regarding such professional, and the board
28 shall institute proceedings to determine if the stay of the
29 enforcement of the suspension or revocation of the impaired
30 professional's license shall be vacated.
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1 (e) An approved program provider who makes a disclosure
2 pursuant to this section shall not be subject to civil liability
3 for such disclosure or its consequences.
4 (f) Any hospital or health care facility, peer or colleague
5 who has substantial evidence that a professional has an active
6 addictive disease for which the professional is not receiving
7 treatment, is diverting a controlled substance or is mentally or
8 physically incompetent to carry out the duties of his license
9 shall make or cause to be made a report to the board: Provided,
10 That any person or facility who acts in a treatment capacity to
11 impaired professionals in an approved treatment program is
12 exempt from the mandatory reporting requirement of this
13 subsection. Any person or facility who reports pursuant to this
14 section in good faith and without malice shall be immune from
15 any civil or criminal liability arising from such report.
16 Failure to provide such report within a reasonable time from
17 receipt of knowledge of impairment shall subject the person or
18 facility to a fine not to exceed $1,000. The board shall levy
19 this penalty only after affording the accused party the
20 opportunity for a hearing, as provided in 2 Pa.C.S. (relating to
21 administrative law and procedure).
22 Section 5. This act shall take effect in 60 days.
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