Occupational Therapy Practice Act.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0042

ENROLLED ACT NO. 60,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to professions and occupations; amending the Occupational Therapy Practice Act; adding and amending definitions; defining unprofessional conduct; amending the scope of practice; amending licensure and temporary licensure standards; amending standards for reentry into the profession; amending provisions related to foreign license applicants; amending continuing education requirements; specifying who must hold a license; specifying the role of unlicensed persons; repealing archaic provisions; amending board duties and procedures; providing for licensure waiver; repealing criminal penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
40
‑
102(a)(ii), (iii)(intro), by creating new subparagraphs (J) through (
P
), (iv), by creating new paragraphs (v) and (vi) and by renumbering (v) as (vii), 33
‑
40
‑
103(a)
and
(c), 33
‑
40
‑
104(a)(iii)
and
(iv)(intro), 33
‑
40
‑
106(a
)
, (b)(
i
) and (ii), 33
‑
40
‑
107(b) and (c), 33
‑
40
‑
108
(a),
(c) and by creating a new subsection (d), 33
‑
40
‑
110(a) and by creating a new subsection (f), 33
‑
40
‑
111, 33
‑
40
‑
113(a)(intro), 33
‑
40
‑
114(a), (b), (c)(intro) and (iii) and
33
‑
40
‑
115(c)

a
re amended to read:

33
‑
40
‑
102
.

Definitions.

(a)

As used in this act:

(ii)

"
Certified
O
ccupational therapy assistant"

or "OTA"
means a person licensed

under this act
to assist in the practice of occupational therapy
, under this act,
and who works under the supervision of
a registere
d
an
occupational therapist

to perform tasks requiring occupational therapy professional knowledge or judgment
;

(iii)

"Occupational therapy"

is the use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities or the aging process in order to maximize independence, prevent disability and maintain health. The practice encompasses evaluation, treatment and consultation. Specific occupational therapy services include but are not limited to the following services provided individually, in groups or through social systems
means
:

(J
)

The therapeutic use of occupations including everyday life activities with individuals, groups, populations or organizations to support participation, performance and function in roles and situations in home, school, workplace, community and other settings;

(K
)

The provision of services for habilitation, rehabilitation and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction;

(
M
)

Addressing the physical, cognitive, psychosocial, sensory
‑
perceptual and other aspects of performance in a variety of contexts and environments to support engagement in occupations, contexts and environments that affect physical and mental health, well
‑
being and quality of life;

(N
)

Performing the tasks of occupational therapy
through personal interaction or appropriate use of
telecommunication services and other communication technologies;

(
O
)

Perform
ing the tasks of an
occupational therapist or occupational therapy assistant commensurate with his education, training and experience;

(
P
)

The practice
of occupational therapy which includes
:

(I)

Th
e evaluation of factors a
ffecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure an
d social participation;

(II)

The use of m
ethods or approaches to direct the process of interventions
; and

(III)

The use of i
nterventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play,
leisure and social participation.

(iv)

"
Registere
d
O
ccupational therapist" means a person licensed to practice occupational therapy under this act;

(v)

"Occupational therapy telehealth" means the provision of occupational therapy services across a distance, using telecommunications technology for the evaluation, intervention or consultation without requiring the occupational therapist and recipient to be physically located in the same place
;

(vi)

"Unprofessional conduct" mean
s:

(A)

Committing any act involving a patient or which adversely relates to the practice of occupational therapy which results in a felony or misdemeanor conviction. A plea of guilty, nolo contendere or similar plea shall be considered a conviction;

(B)

Violating professional sexual boundaries by soliciting, encouraging, threatening, forcing or engaging in any sexual act or relationship with a patient, regardless of consent. A consensual sexual act or relationship shall not be deemed unprofessional conduct if the
patient

licensee relationship
is
terminated prior to the sexual act or relationship or if the sexual act or relationship
occurs
prior to any patient

licensee relationship. The treatment of a spouse or
significant other where the relationship is in place prior to
the beginning of any patient

licensee relationship shall not be unprofessional conduct if treatment is conducted without
third party

compensation;

(C)

Sexual harassment of a patient or staff member;

(D)

Suffering from an active substance abuse disorder that affects the occupational therapist's ability to perform as an occupational therapist
;

(E)

Denial of a license to practice occupational therapy or any disciplinary action against a licensee by any other state,
the District of Columbia,
territory or country
for an action constituting unprofessional conduct in Wyoming
;

(F)

Failure to report to the board known or
reasonably
suspected violations of the laws and regulations governing the practice of occupational therapy in Wyoming
;

(G)

Submission of false information to the board;

(H)

Failure to notify the board
within thirty (30) days
of a malpractice final judgement or settlement involving the occupational therapist;

(J)

Aiding or abetting the practice of occupational therapy in violation of W.S. 33
‑
40
‑
103 by any person not licensed to practice in Wyoming;

(K)

Submission of false or materially misleading billing information
;

(
M
)

Using any term other than "occupational therapist, registered," "occupational therapist," "OT," "certified occupational therapist," "COTA," "occupational therapy assistant" or "OTA" to reflect licensure;

(
N
)

Employing, either directly or indirectly, any licensee under suspension or revocation, except as may be authorized by the board, or any person not licensed to practice occupational therapy to perform any task requiring licensure except that an unlicensed person may be employed to perform tasks under supervision not requiring
occupational therapy prof
essional knowledge or judgement;

(
O
)

Accepting payment for any part of professional services delivered as a volunteer;

(
P
)

Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(
Q
)

Violating any lawful order, rule or regulation adopted by the board;

(
R
)

Violating any provision of this act.

(v
)
(v
i
i)

"This act" means W.S. 33
‑
40
‑
101 through
33
‑
40
‑
117

33
‑
40
‑
115
.

33
‑
40
‑
103
.

License required.

(a)

Effective on July 1, 1992,
N
o person shall

hold himself out as an occupational therapist,
registered occupational therapist, occupational therapy assistant or certified

an

occupational therapy assistant or as being able to practice occupational therapy in Wyoming unles
s he is licensed under this act.
An unlicensed person holding himself out as an occupational therapist or occupational therapist assistant
by using
additional or modifying words in his title, printed materials, advertisements or otherwise
shall be deemed to be holding
himself
out as an occupational therapist or occupational therapist assistant.

(c)

Only an individual may be licensed under this act

and no entity, either private or governmental, shall hold itself out as providing occupational therapy to any person unless all individuals providing
occupational
therapy are licensed under this act
.

33
‑
40
‑
104
.

Persons and practices not affected.

(a)

Nothing in this act shall be construed as preventing or restricting the practice, services or activities of:

(iii)

Any person engaged in the supervised fieldwork to complete the necessary
educational

requirements of W.S.
33
‑
40
‑
106(
a)(iii
)
33
‑
40
‑
106
;

(iv)

Any person performing occupational therapy
service
s
or acting as an occupational therapy assistant

for no more than
forty
‑
five (45
)
twenty (20)
days in a calendar year
in association with an occupational therapist
for the purpose of educating students or providing continuing education to persons
licensed
under this act
,
if:

33
‑
40
‑
106
.

Requirements for licensure; continuing education.

(a)

An applicant applying for a license as
a registere
d
an
occupational therapist or
as
a
certified

occupational therapy assistant shall file a specified written application showing to the satisfaction of the board that the applicant:

(
i
)

Has a good reputation for honesty, trustworthiness and competence in all matters relevant to practicing the profession of occupational
therapis
t
therap
y
;

(ii)

Has successfully completed the academic requirements in occupational therapy in an approved program that is accredited by the
committee on allied health education and accreditation, American Medical Association in collaboration with the American Occupational Therapy Association, Inc. The certified occupational therapy
assistant program shall be approved by the
American Occupational Therapy
Association, Inc.

Association
'
s
Accreditation Council for Occupational Therapy
Education (ACOTE) or a successor organization as established in rule and approved by the licensure board
;

(iii)

Has successfully completed
a period of
supervised fieldwork experience
arranged
required
by the recognized educational institution where the applicant met the academic requirements
or by the nationally recognized professional association. For a registered occupational therapist, a minimum of twenty
‑
four (24) weeks of supervised fieldwork experience is required. For a certified occupational therapy assistant, a minimum of eight (8) weeks of supervised fieldwork experience is required
described in paragraph (ii) of this subsection
; and

(iv)

Has passed
an
a
national certification
examination as provided in W.S. 33
‑
40
‑
107.

(b)

The board may establish continuing education requirements for an active license provided that:

(
i
)

The requirement shall not be more than sixteen (16) contact hours of continuing education per year;

and

(ii)

Continuing education taken any time in the three (3) years preceding the annual license renewal may be counted toward fulfilling the requirement but it shall not be counted more than once
.
; and

33
‑
40
‑
107
.

Examination for license of occupational therapists and occupational therapy assistants.

(b)

Each applicant for licensure shall be given a written examination on the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods to determine the applicant's fitness to practice. The board shall designate the examination for
registere
d
occupational therapists and the examination for
certifie
d
occupational therapy assistants and shall establish standards for acceptable performance.

(c)

Examination shall be conducted as specified by the board
at least twic
e
not less than two (2) times
each year.

33
‑
4
0
‑
108
.

Waiver of requirements; t
emporary licenses
.

(a)

The board shall grant a license to any person certified prior to July 1, 1992 as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American occupational therapy certification board (AOTCB).
The board may waive the examination, education, or experience requirements and grant a license to any person certified by the AOTCB after July 1, 1992, if the board determines the requirements for the certification are equivalent to the requirements for licensure in this act.

(c)

The board may establish provisions for a temporary license so an applicant may
wor
k
practice occupational therapy without supervisio
n or act as an occupational therapy assistant with supervision
during processing of the license application.

(d)

The board may establish provisions for a limited license to practice occupational therapy under supervision
or act as an occupational therapy assistant with supervision

to applicants who are waiting to take the
national certification exam
ination or who are awaiting scores.

33
‑
40
‑
110
.

Renewal of license; reentry
.

(a)

Any license issued under this act shall be subject to annual renewal as provided by the
board,
however no late renewal of a license may be granted more than
five (5) year
s
one (1) year
after its expiration.

(f)

The board shall establish by rule reentry procedures for the licensure of persons who have previously practiced as an occupational therapist or occupational therapy assistant for not less than one (1) year, but who do not qualify for renewal of their license under subsection (a) of this section. The board
'
s rules may:

(
i
)

Require completion of continuing education not to exceed the cumulative total requirement for a licensed occupational therapist or occupational therapist
assistant for three (3) years;

(ii)

Require completion of a review course approved by the board which shall not be more than thirty (30) days in duration;

(iii)

Require practice under the supervision of a licensed occupational therapist or occupational therapy assistant for a period of not more than two (2) years;

(iv)

For a period of not more than two (2) years or until specified training is received, restrict a person from practicing or practicing without supervision specific areas within the practice of occupational therapy which areas have significantly changed or been added to the practice;

(v)

Establish guidelines for the length of time the requirements stated in paragraphs (
i
) through (iv) of this subsection are imposed based on the length of time a person has not engaged in the practice of occupational therapy, the person's prior experience,
the area of practice in which the person intends to engage and other rele
vant factors.

33
‑
40
‑
111
.

Foreign trained applicants
; applicants from other state
s and territories
.

(a)

Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall satisfy the examination requirements of W.S.
33
‑
40
‑
106(
a)(iv
)
33
‑
40
‑
107
. The board shall require these applicants to meet the standards established in W.S.
33
‑
40
‑
106(
a)(
i
) through (iii
)

33
‑
40
‑
10
6
.

(b)

The board shall, to the extent necessary, waive examination, education,
and c
ontinuing education requirements and grant a license to any applicant who presents proof of current licensure or regulation as
an
occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States whose standards for licensure or regulation include passage of the exam
ination
required for licensure under this act and who have not been disciplined in the other jurisdiction for unprofessional conduct or a
similar offense. The
board may grant licensure to an
applicant
who has been disciplined for unprofessional conduct
if in the board's judgme
nt the unprofessional conduct was
sufficiently minor, has been rectified or is sufficiently in the past so as not to present a risk to the welfare or safety of Wyoming patients.

33
‑
40
‑
113
.

Suspension and revocation of license; refusal to renew.

(a)

After the hearing authorized by subsection (b) of this section, the board may deny a license or refuse to renew a license
, may
suspend or revoke a license, or may impose probationary conditions if the licensee or the applicant for a license has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public.

For purposes of this section, unprofessional conduct includes
:
Unprofessional conduct shall mean the conduct defined in W.S. 33
‑
40
‑
102(
a)(vi).

33
‑
40
‑
114
.

Board of occupational therapy practice; established; compensation.

(a)

There is established a board of occupational therapy within the department of administration and information. The board shall consist of five (5) members appointed by the governor, who are residents of Wyoming. Three (3) board members shall be
registere
d
occupational therapists who have been engaged in providing occupational therapy services to the public, teaching or research
in occupational
therapy for at least five (5) years immediately preceding their appointments. One (1) board member shall be
a certifie
d
an
occupational therapy assistant who shall have been engaged in providing
occupational therapy services to the public, teaching or research in occupational therapy for at least
three (3
)
five (5)
years immediately preceding his appointment.
A registere
d
An
occupational therapist may be appointed to this position if no
certifie
d
occupational therapy assistant is available and willing to serve. These four (4) members shall at all times be holders of valid licenses under this act. The remaining member shall be a member of the public with an interest in the rights of the consumers of health services.

(b)

By July 1, 1991 the governor shall appoint two (2) board members for a term of one (1) year, two (2) board members for a term of two (2) years and one (1) for a term of three (3) years. Appointments made thereafte
r
Appointment
s to the board of occupational therapy
shall be for three (3) year terms. No person shall serve more than two (2) consecutive terms. Terms shall begin on the first day of the fiscal year and end on the last day of the fiscal year or until successors are
appointed
.
,
except for the first appointed members who shall serve through the last fiscal day of the year in which they are appointed.
Vacancies in the membership of the board shall be filled for the unexpired term by the governor. The governor may remove any board member as provided by W.S. 9
‑
1
‑
202.

(c)

The board shall meet
during the first month of each fiscal year to select a chairman and for other purposes. At least one (1) additional meeting shall be held before the end of each fiscal yea
r
not less than two (2) times during each fiscal year and shall select a chairman at the first meeting
. Other meetings may be convened at the call of the chairman or the written request of any two (2) board members. A majority of the members of the board shall constitute a quorum for all purposes. All
meetings of the board shall be governed in accordance with W.S. 16
‑
4
‑
403. In addition the board may hold closed sessions:

(iii)

To consider allegations or investigations of possible unprofessional conduct as defined by W.S.
33
‑
40
‑
11
3
33
‑
40
‑
102(
a)(vi)
.

33
‑
40
‑
115
.

Board of occupational therapy practice; powers and duties.

(c)

The board may delegate its authority to issue temporary

and limited
licenses pursuant to W.S.
33
‑
40
‑
108(c
)
and limited permits pursuant to W.S. 33
‑
40
‑
105
33
‑
40
‑
108
t
o the executive secretary of the board. The board may limit the delegation or set forth any criteria for exercising the delegation as it deems appropriate.

Section 2
.

W.S. 33
‑
40
‑
102(a)(iii)(A) through (H),
33
‑
40
‑
103(b),
33
‑
40
‑
104(a)(iv)(B),
33
‑
40
‑
105,
33
‑
40
‑
106(b)(iii),
33
‑
40
‑
107(a), 33
‑
40
‑
108
(b)
,
33
‑
40
‑
110(b) through (e),
33
‑
40
‑
113(a)(
i
) through (vi)

and
33
‑
40
‑
114(c)(
i
) and (ii)

are repealed.

Section
3
.

This
act is effective July 1,
201
6
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1