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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, BROWNE, FERLO AND WAUGH, MAY 23, 2012 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MAY 23, 2012 |
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| AN ACT |
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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 definitions, |
6 | for creation of board, for requirements for licensure, for |
7 | practice and referral, for renewal of license and for |
8 | refusal, suspension or revocation of license; and providing |
9 | for impaired professionals program. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The definition of "occupational therapy" in |
13 | section 3 of the act of June 15, 1982 (P.L.502, No.140), known |
14 | as the Occupational Therapy Practice Act, is amended to read: |
15 | Section 3. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have, unless the context clearly indicates otherwise, the |
18 | meanings given to them in this section: |
19 | * * * |
20 | "Occupational therapy." The evaluation of learning and |
21 | performance skills and the analysis, selection and adaptation of |
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1 | activities for an individual whose abilities to cope with the |
2 | activities of daily living, to perform tasks normally performed |
3 | at a given stage of development and to perform essential |
4 | vocational tasks which are threatened or impaired by that |
5 | person's developmental deficiencies, aging process, |
6 | environmental deprivation or physical, psychological, injury or |
7 | illness, through specific techniques which include: |
8 | (1) Planning and implementing activity programs to |
9 | improve sensory and motor functioning at the level of |
10 | performance normal for the individual's stage of development. |
11 | (2) Teaching skills, behaviors and attitudes crucial to |
12 | the individual's independent, productive and satisfying |
13 | social functioning. |
14 | (3) The design, fabrication and application of [splints] |
15 | orthotics to enhance performance in occupations, not to |
16 | include prosthetic [or orthotic] devices, and the adaptation |
17 | of equipment necessary to assist patients in adjusting to a |
18 | potential or actual impairment and instructing in the use of |
19 | such devices and equipment. |
20 | (4) Analyzing, selecting and adapting activities to |
21 | maintain the individual's optimal performance of tasks to |
22 | prevent disability. |
23 | * * * |
24 | Section 2. Section 4 of the act is amended by adding a |
25 | subsection to read: |
26 | Section 4. Creation of board, appointment and term of members, |
27 | officers. |
28 | * * * |
29 | (f) A member who fails to attend three meetings in 18 months |
30 | shall forfeit the member's seat unless the commissioner, upon |
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1 | written request from the member, finds that the member should be |
2 | excused from a meeting because of illness or death of a family |
3 | member. |
4 | Section 3. Section 8 of the act is amended to read: |
5 | Section 8. Requirements for licensure. |
6 | An applicant applying for a license as an occupational |
7 | therapist or as an occupational therapy assistant shall submit a |
8 | written application on forms provided by the board evidencing |
9 | and showing to the satisfaction of the board that he or she: |
10 | (1) Is of good moral character. |
11 | (2) Has completed the academic requirements of an |
12 | approved educational program in occupational therapy |
13 | recognized by the board with the advice and consultation of |
14 | recognized national accrediting agencies and professional |
15 | organizations including the American Occupational Therapy |
16 | Association as follows: |
17 | (i) For an occupational therapist, a four-year |
18 | program, or its equivalent as established by the board. |
19 | (ii) For an occupational therapy assistant, a two- |
20 | year program, or its equivalent as established by the |
21 | board. |
22 | (3) Has successfully completed a period of supervised |
23 | fieldwork experience at a recognized educational institute or |
24 | a training program approved by the educational institution |
25 | where the academic requirements met were as follows: |
26 | (i) For an occupational therapist a minimum of six |
27 | months of supervised fieldwork experience. |
28 | (ii) For an occupational therapy assistant, a |
29 | minimum of two months of supervised fieldwork. |
30 | (4) Has passed an examination approved by the board. |
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1 | (5) Has professional liability insurance in accordance |
2 | with the following provisions: |
3 | (i) Effective by the next biennial period for |
4 | license renewal following the effective date of this |
5 | paragraph, an occupational therapist shall obtain and |
6 | maintain professional liability insurance as specified in |
7 | subparagraphs (ii) and (iii). The occupational therapist |
8 | shall notify the board within 30 days of the occupational |
9 | therapist's failure to be covered by the required |
10 | insurance. Failure to notify the board shall be |
11 | actionable under section 16. Further, the license of the |
12 | occupational therapist shall automatically be suspended |
13 | upon failure to be covered by the required insurance and |
14 | shall not be restored until submission to the board of |
15 | satisfactory evidence that the occupational therapist has |
16 | the required professional liability insurance coverage. |
17 | (ii) The board shall accept from an occupational |
18 | therapist as satisfactory evidence of insurance coverage |
19 | under this paragraph any or all of the following: self- |
20 | insurance, personally purchased professional liability |
21 | insurance, professional liability insurance coverage |
22 | provided by the occupational therapist's employer or any |
23 | similar type of coverage acceptable to the board. |
24 | (iii) The level of professional liability insurance |
25 | coverage shall be in the minimum amount of $1,000,000 per |
26 | occurrence or claims made. Failure to maintain the |
27 | required insurance coverage shall subject the |
28 | occupational therapist to disciplinary proceedings. |
29 | (iv) The applicant for an occupational therapist's |
30 | license shall provide proof that the applicant has |
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1 | obtained professional liability insurance in accordance |
2 | with subparagraph (iii). It is sufficient if: |
3 | (A) the applicant files with the application a |
4 | copy of a letter from the applicant's professional |
5 | liability insurance carrier indicating that the |
6 | applicant will be covered against professional |
7 | liability in the required amounts effective upon the |
8 | issuance of the applicant's license to practice |
9 | occupational therapy in this Commonwealth; or |
10 | (B) the applicant certifies that the applicant |
11 | will be covered by an employer against professional |
12 | liability in required amounts upon the commencement |
13 | of employment as an occupational therapist, provided |
14 | that the applicant does not practice occupational |
15 | therapy prior to the commencement of such employment. |
16 | (v) Within 30 days after the issuance of a license |
17 | or within 30 days after the commencement of employment as |
18 | described in subparagraph (iv), the occupational |
19 | therapist shall submit to the board the certificate of |
20 | insurance or a copy of the policy declaration page. |
21 | (vi) The board shall adopt, by regulation, standards |
22 | and procedures established by the Insurance Commissioner |
23 | for self-insurance. In the absence of these standards and |
24 | procedures, the board, after consultation with the |
25 | Insurance Commissioner, shall establish standards and |
26 | procedures by regulation for self-insurance under this |
27 | paragraph. |
28 | Section 4. Section 14 of the act, amended May 18, 2004 |
29 | (P.L.220, No.30), is amended to read: |
30 | Section 14. Practice and referral. |
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1 | (a) An occupational therapist may enter a case for the |
2 | purposes of providing indirect services, consultation, |
3 | evaluating an individual as to the need for services and other |
4 | occupational therapy services for conditions such as perceptual, |
5 | cognitive, sensory integration and similar conditions. |
6 | Implementation of direct occupational therapy to an individual |
7 | for a specific medical condition shall be based on a referral |
8 | from a licensed physician, licensed optometrist [or a], licensed |
9 | podiatrist[.], licensed certified registered nurse practitioner |
10 | or licensed physician assistant. |
11 | (b) This act shall not be construed as authorization for an |
12 | occupational therapist or occupational therapy assistant to |
13 | practice a branch of the healing arts except as described in |
14 | this act. |
15 | Section 5. Sections 15(a) and 16(c) of the act are amended |
16 | to read: |
17 | Section 15. Renewal of license; effect of license suspension or |
18 | revocation. |
19 | (a) A license issued under this act shall be renewed |
20 | biennially upon payment of the renewal fee prescribed in section |
21 | 17. It shall expire unless renewed in the manner prescribed by |
22 | the regulations of the board. The board may provide for the late |
23 | renewal of a license upon the payment of a late fee. A late |
24 | renewal of a license shall not be granted more than four years |
25 | after its expiration. A license shall be renewed after the four- |
26 | year period only by complying with section 11. The board may |
27 | establish additional requirements for license renewal designed |
28 | to assure continued competency of the applying occupational |
29 | therapist or occupational therapy assistant. |
30 | * * * |
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1 | Section 16. Refusal, suspension or revocation of license; |
2 | refusal to renew; penalties; injunctive relief. |
3 | * * * |
4 | (c) (1) A person who violates a provision of this act is |
5 | guilty of a misdemeanor and, upon conviction thereof, shall |
6 | be punished by a fine of not less than $100 nor more than |
7 | $500 or by imprisonment for not less than 30 days nor more |
8 | than 90 days, or by both such fine and imprisonment and for |
9 | each additional offense that person shall be subject to |
10 | either a fine of not less than $500 or imprisonment of not |
11 | less than six months, at the discretion of the court. |
12 | (2) In addition to any other civil remedy or criminal |
13 | penalty provided for in this act, the board may levy a civil |
14 | penalty on a person who violates a provision of this act in |
15 | accordance with the act of July 2, 1993 (P.L.345, No.48), |
16 | entitled "An act empowering the General Counsel or his |
17 | designee to issue subpoenas for certain licensing board |
18 | activities; providing for hearing examiners in the Bureau of |
19 | Professional and Occupational Affairs; providing additional |
20 | powers to the Commissioner of Professional and Occupational |
21 | Affairs; and further providing for civil penalties and |
22 | license suspension." |
23 | (3) Fines and civil penalties collected under the |
24 | provisions of this act shall be paid into the State Treasury |
25 | for the use of the Commonwealth. |
26 | * * * |
27 | Section 6. The act is amended by adding a section to read: |
28 | Section 16.1. Impaired professionals program. |
29 | (a) The board, with the approval of the Commissioner of |
30 | Professional and Occupational Affairs, shall appoint and fix the |
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1 | compensation of a professional consultant with education and |
2 | experience in the identification, treatment and rehabilitation |
3 | of persons with physical or mental impairments. Such consultant |
4 | shall be accountable to the board and shall act as a liaison |
5 | between the board and treatment programs, such as alcohol and |
6 | drug treatment programs licensed by the Department of Health, |
7 | psychological counseling and impaired professionals support |
8 | groups approved by the board and which provide services to |
9 | licensees under this act. |
10 | (b) (1) The board may defer and ultimately dismiss any of |
11 | the types of corrective action set forth in this act for an |
12 | impaired professional so long as the licensee is progressing |
13 | satisfactorily in an approved treatment program, provided |
14 | that the provisions of this subsection shall not apply to a |
15 | licensee who has been convicted of, pleaded guilty to or |
16 | entered a plea of nolo contendere to a felonious act |
17 | prohibited by the act of April 14, 1972 (P.L.233, No.64), |
18 | known as "The Controlled Substance, Drug, Device and Cosmetic |
19 | Act," or the conviction of a felony relating to a controlled |
20 | substance in a court of law of the United States or any other |
21 | state, territory or country. |
22 | (2) (i) An approved program provider shall, upon |
23 | request, disclose to the consultant such information in |
24 | its possession regarding an impaired professional in |
25 | treatment which the program provider is not prohibited |
26 | from disclosing by an act of this Commonwealth, another |
27 | state or the United States. |
28 | (ii) The requirement of disclosure by an approved |
29 | program provider under subparagraph (i) shall apply in |
30 | the case of an impaired professional who enters an |
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1 | agreement in accordance with this section, an impaired |
2 | professional who is the subject of a board investigation |
3 | or disciplinary proceeding and an impaired professional |
4 | who voluntarily enters a treatment program other than |
5 | under the provisions of this section but who fails to |
6 | complete the program successfully or to adhere to an |
7 | after-care plan developed by the program provider. |
8 | (c) (1) An impaired professional who enrolls in an approved |
9 | treatment program shall enter into an agreement with the |
10 | board under which the professional's license shall be |
11 | suspended or revoked but enforcement of that suspension or |
12 | revocation may be stayed for the length of time the |
13 | professional remains in the program and makes satisfactory |
14 | progress, complies with the terms of the agreement and |
15 | adheres to any limitations on his practice imposed by the |
16 | board to protect the public. |
17 | (2) Failure to enter into such an agreement shall |
18 | disqualify the professional from the impaired professional |
19 | program and shall activate an immediate investigation and |
20 | disciplinary proceeding by the board. |
21 | (d) If, in the opinion of such consultant after consultation |
22 | with the provider, an impaired professional who is enrolled in |
23 | an approved treatment program has not progressed satisfactorily, |
24 | the consultant shall disclose to the board all information in |
25 | his or her possession regarding such professional, and the board |
26 | shall institute proceedings to determine if the stay of the |
27 | enforcement of the suspension or revocation of the impaired |
28 | professional's license shall be vacated. |
29 | (e) An approved program provider who makes a disclosure |
30 | pursuant to this section shall not be subject to civil liability |
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1 | for such disclosure or its consequences. |
2 | (f) (1) Any hospital or health care facility, peer or |
3 | colleague who has substantial evidence that a professional |
4 | has an active addictive disease for which the professional is |
5 | not receiving treatment, is diverting a controlled substance |
6 | or is mentally or physically incompetent to carry out the |
7 | duties of his license shall make or cause to be made a report |
8 | to the board: Provided, That any person or facility who acts |
9 | in a treatment capacity to impaired professionals in an |
10 | approved treatment program is exempt from the mandatory |
11 | reporting requirement of this subsection. |
12 | (2) Any person or facility who reports pursuant to this |
13 | section in good faith and without malice shall be immune from |
14 | any civil or criminal liability arising from such report. |
15 | Failure to provide such report within a reasonable time from |
16 | receipt of knowledge of impairment shall subject the person |
17 | or facility to a fine not to exceed $1,000. |
18 | (3) The board shall levy this penalty only after |
19 | affording the accused party the opportunity for a hearing, as |
20 | provided in 2 Pa.C.S. (relating to administrative law and |
21 | procedure). |
22 | Section 7. This act shall take effect in 60 days. |
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