N.Y. Comp. Codes R. & Regs. tit. 8 § 76.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 76.4 - Limited permits

Limited permits issued or renewed pursuant to Education Law, section 7905, shall also be subject to the following requirements:

(a) The applicant shall submit satisfactory evidence of completion of a registered program in occupational therapy or a registered program for occupational therapy assistants, as applicable, or the substantial equivalent of a registered program.

(b) Limited permits may be renewed once for a period not to exceed one year at the discretion of the department because of personal or family illness or other extenuating circumstances which prevented the permittee from becoming licensed.

Supervision.

(1) A written supervision plan, acceptable to the occupational therapist or licensed physician providing direction and supervision, shall be required for each permittee providing services pursuant to section 7905 of the Education Law. The written supervision plan shall specify the names, professions and other credentials of the persons participating in the supervisory process, the frequency of formal supervisory contacts; the methods (e.g., in-person, by telephone) and types (e.g., review of charts, discussion with permittee) of supervision; the content areas to be addressed; how written treatment notes and reports will be reviewed, including, but not limited to, whether such notes and reports will be initialed or co-signed by the supervisor; and how professional development will be fostered.

(2) Documentation of supervision shall include the date and content of each formal supervisory contact as identified in the written supervision plan and evidence of the review of all treatment notes and reports.

(3) The determination of the level and type of supervision shall be based on the ability level and experience of the permittee providing the delegated occupational therapy services, the complexity of client needs, and the setting in which the permittee is providing the services. The supervision plan shall require that the supervisor be notified whenever there is a clinically significant change in the condition or performance of the client, so that an appropriate supervisory action can take place.

(4) Direct supervision shall mean that the supervisor:

(i) initiates, directs and participates in the initial evaluation to the extent required in the supervision plan, interprets the evaluation data, and develops the occupational therapy services plan with input from the permittee;

(ii) participates, on a regular basis, in the delivery of occupational therapy services to the extent required in the supervision plan;

(iii) is responsible for determining the need for continuing, modifying, or discontinuing occupational therapy services;

(iv) takes into consideration information provided by the permittee about the client's responses to and communications during occupational therapy services; and

(v) is available for consultation with the permittee in a timely manner, taking into consideration the practice setting, the condition of the client and the occupational therapy services being provided.

(5) In no event shall the occupational therapist or licensed physician supervise more than five permittees, or its full time equivalent, provided that the total number of permittees being supervised by a single occupational therapist or licensed physician shall not exceed 10.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 76.4