Report Title:

Occupational Therapists; Licensure

Description:

Continues the regulation of the practice of occupational therapy by providing for licensure. Deletes provisions relating to occupational therapy assistants and temporary permits. Repeals sunset date of December 31, 2003. (SB1484 HD1)

THE SENATE

S.B. NO.

1484

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

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 the repeal of the regulatory provision scheduled for December 31, 2003.

SECTION 2. Chapter 457G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"457G- Exemption. Nothing in this chapter shall be construed to prohibit a duly registered occupational therapist from using support personnel to assist the occupational therapist in the practice of occupational therapy. Occupational therapy support personnel includes persons who use the title "occupational therapy assistant", or "certified occupational therapy assistant", or use the letters "COTA", or "OTA", or any other words, letters, abbreviations, or insignia indicating or implying that the individual is an occupational therapy assistant. The occupational therapy assistant shall have completed the educational requirements and supervised field work experiences required for certification and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy. The occupational therapy assistant shall work under the supervision of or in consultation with the occupational therapist."

SECTION 3. 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Any professional or vocational regulatory program enacted after January 1, 1994, and listed in this section shall be repealed on [the date indicated in subsection (b).]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[(b) Chapter 457G (occupational therapy practice) shall be repealed on December 31, 2003.]"

SECTION 4. Section 457G-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]457G-1.5[]] Practice of occupational therapy; qualifications; registration. (a) No person shall represent, advertise, or announce oneself, either publicly or privately, as an occupational therapist, nor use, in connection with the person's name or place of business, the words "occupational therapist", "certified occupational therapist", "occupational therapist registered", or the letters "OT", "COT", or "OTR", or any other words, letters, abbreviations, or insignia indicating or implying that such person is an occupational therapist unless such person registers the person's name and business address biennially with the department of commerce and consumer affairs in a manner established by rules adopted pursuant to chapter 91, and meets the qualifications of section 457G-2.

(b) The department shall maintain and biennially update a list of the names and business addresses of the occupational therapists who are registered under subsection (a).

[(c) Nothing in this chapter shall be construed to apply to occupational therapy assistants.]

[(d)](c) A registration granted under this chapter

shall mean that the person has met requirements that include minimum practice standards to provide protection to the public and is permitted to use the title and engage in the practice as an occupational therapist. In the granting of permission to engage in this profession, and consistent with section 436B-2, the definition for "license" is inclusive of a registration issued under this chapter and, as such, an occupational therapist that holds a registration shall be similarly regarded as an occupational therapist that holds a license. "

SECTION 5. 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 6. 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 7. 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.