Report Title:

Occupational Therapists; Licensure

Description:

Continues the regulation of the practice of occupational therapy by providing for licensure. Deletes provision for temporary permits. Repeals sunset date of December 31, 2003.

THE SENATE

S.B. NO.

1484

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to occupational therapists.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to provide for the continued regulation of occupational therapists by eliminating its repeal date of December 31, 2003.

SECTION 2. Section 26H-4, Hawaii Revised Statutes, is amended to read as follows:

"26H-4 Repeal dates for newly enacted professional and vocational regulatory programs. (a) Any professional or vocational regulatory program enacted after January 1, 1994, and listed in this section shall be repealed [on the date indicated in subsection (b).] December 31, 2003. The auditor shall perform an evaluation of the program, pursuant to section 26H-5, prior to its repeal date.

(b) [Chapter 457G (occupational therapy practice) shall be repealed on December 31, 2003.] The auditor shall perform an evaluation of the occupational therapy practice program and submit a report to the legislature prior to the convening of the regular session of 2007. The evaluation shall assess whether the regulatory program as established should be modified or repealed."

SECTION 3. Section 457G-2, Hawaii Revised Statutes, is amended to read as follows:

"457G-2 Qualifications of occupational therapists [and occupational therapy assistants]. Occupational therapists [and occupational therapy assistants] shall have completed the educational requirements and supervised field work experience required for certification by the National Board for Certification in Occupational Therapy, and shall have passed a national certification examination administered by that association."

SECTION 4. Section 457G-1, Hawaii Revised Statutes, is amended by deleting the definition "direct supervision".

[""Direct supervision" means daily, direct contact at the site of work by a registered occupational therapist."]

SECTION 5. Section 457G-2.5, Hawaii Revised Statutes, is repealed.

["[457G-2.5] Temporary permit. (a) An individual who has completed the educational requirements and supervised field work experience required by this chapter, but who has not yet passed the national certification examination, may be issued a temporary permit to perform occupational therapy services under the direct supervision of an individual who is duly registered under this chapter.

Applicants for a temporary permit shall submit an application to the department in the form prescribed by the department, which shall be accompanied by:

(1) A nonrefundable application fee of $25, which shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o);

(2) A letter from a registered occupational therapist verifying that the registered occupational therapist:

(A) Will provide direct supervision over all occupational therapy services performed by the applicant; and

(B) Advise the department of any change in or the termination of the supervisory relationship within forty-eight hours of the change.

Applicants shall also provide an original certificate of confirmation of examination registration and eligibility to examine, which shall be submitted directly to the department by the National Board for Certification in Occupational Therapy or its successor organization.

(b) The department may issue a nonrenewable temporary permit for not longer than one year; provided that the temporary permit shall expire upon:

(1) Termination of the supervisory relationship between the permittee and the supervising registered occupational therapist; or

(2) Determination by the department that the applicant does not possess the qualifications required for the permit."]

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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