Bill Text: PA SB187 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for definitions, for creation of the board, for requirements for licensure, for practice and referral, for renewal of licenses and for refusal, suspension or revocation of license; and providing for impaired professionals program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-06-23 - Re-referred to APPROPRIATIONS [SB187 Detail]

Download: Pennsylvania-2009-SB187-Amended.html

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PRIOR PRINTER'S NO. 157 PRINTER'S NO. 1138
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 187 Session of2009
INTRODUCED BY GREENLEAF, O'PAKE, BROWNE, WASHINGTON AND FERLO, FEBRUARY 2, 2009
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, JUNE 9, 2009
AN ACT
Amending the act of June 15, 1982 (P.L.502, No.140), entitled
"An act regulating the practice and licensure of occupational
therapy, creating the State Board of Occupational Therapy
Education and Licensure with certain powers and duties and
prescribing penalties," further providing for definitions, <--
for creation of the board, for requirements for licensure, <--
for practice and referrals and referral, for renewal of <--
licenses and for refusal, suspension or revocation of <--
license; and providing for impaired professionals program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(d) of the act of June 15, 1982 <--
(P.L.502, No.140), known as the Occupational Therapy Practice
Act, is amended to read:
Section 1. The definition of "occupational therapy" in <--
section 3 of the act of June 15, 1982 (P.L.502, No.140), known
as the Occupational Therapy Practice Act, is amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Occupational therapy." The evaluation of learning and
performance skills and the analysis, selection and adaptation of
activities for an individual whose abilities to cope with the
activities of daily living, to perform tasks normally performed
at a given stage of development and to perform essential
vocational tasks which are threatened or impaired by that
person's developmental deficiencies, aging process,
environmental deprivation or physical, psychological, injury or
illness, through specific techniques which include:
(1) Planning and implementing activity programs to
improve sensory and motor functioning at the level of
performance normal for the individual's stage of development.
(2) Teaching skills, behaviors and attitudes crucial to
the individual's independent, productive and satisfying
social functioning.
(3) The design, fabrication and application of [splints]
low temperature orthotics, not to include [prosthetic]
prosthetics or other orthotic devices, and the adaptation of
equipment necessary to assist patients in adjusting to a
potential or actual impairment and instructing in the use of
such devices and equipment.
(4) Analyzing, selecting and adapting activities to
maintain the individual's optimal performance of tasks to
prevent disability.
* * *
Section 2. Section 4(d) of the act is amended and the
section is amended by adding a subsection to read:
Section 4. Creation of board, appointment and term of members,
officers.
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* * *
(d) A member of the board shall be eligible for
reappointment. A member shall not be appointed to serve more
than two consecutive terms. A member shall receive reimbursement
for reasonable expenses incurred while engaged in the discharge
of official duties, as well as a [$30] $60 per diem allowance.
* * *
(f) A member who fails to attend three meetings in 18 months <--
shall forfeit the member's seat unless the commissioner, upon
written request from the member, finds that the member should be
excused from a meeting because of illness or death of a family
member.
Section 3. Section 8 of the act is amended to read:
Section 8. Requirements for licensure.
An applicant applying for a license as an occupational
therapist or as an occupational therapy assistant shall submit a
written application on forms provided by the board evidencing
and showing to the satisfaction of the board that he or she:
(1) Is of good moral character.
(2) Has completed the academic requirements of an
approved educational program in occupational therapy
recognized by the board with the advice and consultation of
recognized national accrediting agencies and professional
organizations including the American Occupational Therapy
Association as follows:
(i) For an occupational therapist, a four-year
program, or its equivalent as established by the board.
(ii) For an occupational therapy assistant, a two-
year program, or its equivalent as established by the
board.
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(3) Has successfully completed a period of supervised
fieldwork experience at a recognized educational institute or
a training program approved by the educational institution
where the academic requirements met were as follows:
(i) For an occupational therapist a minimum of six
months of supervised fieldwork experience.
(ii) For an occupational therapy assistant, a
minimum of two months of supervised fieldwork.
(4) Has passed an examination approved by the board.
(5) Has professional liability insurance in accordance
with the following provisions:
(i) The licensee shall notify the board within 30
days of the licensee's failure to be covered by the
required insurance. Failure to notify the board shall be
actionable under section 16. Further, the certificate of
authorization of the licensee shall automatically be
suspended upon failure to be covered by the required
insurance and shall not be restored until submission to
the board of satisfactory evidence that the licensee has
the required professional liability insurance coverage.
(ii) The board shall accept from licensees as
satisfactory evidence of insurance coverage under this
paragraph any or all of the following: self-insurance,
personally purchased professional liability insurance,
professional liability insurance coverage provided by the
licensee's employer or any similar type of coverage
acceptable to the board.
(iii) The level of professional liability insurance
coverage shall be in the minimum amount of $1,000,000 per
occurrence or claims made. Failure to maintain insurance
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coverage as required shall subject the licensee to
disciplinary proceedings.
(iv) The license applicant shall provide proof that
the applicant has obtained professional liability
insurance in accordance with subparagraph (iii). It is
sufficient if the applicant files with the application a
copy of a letter from the applicant's professional
liability insurance carrier indicating that the applicant
will be covered against professional liability in the
required amounts effective upon the issuance of the
applicant's license to practice occupational therapy in
this Commonwealth.
(v) Upon issuance of a license, the licensee has 30
days to submit to the board the certificate of insurance
or a copy of the policy declaration page.
(vi) The board shall adopt, by regulation, standards
and procedures established by the Insurance Commissioner
for self-insurance. In the absence of these standards and
procedures, the board, after consultation with the
Insurance Commissioner, shall establish standards and
procedures by regulation for self-insurance under this
paragraph.
Section 2 4. Section 14 of the act, amended May 18, 2004 <--
(P.L.220, No.30), is amended to read:
Section 14. Practice and referral.
(a) An occupational therapist may enter a case for the
purposes of providing indirect services, consultation,
evaluating an individual as to the need for services and other
occupational therapy services for conditions such as perceptual,
cognitive, sensory integration and similar conditions.
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Implementation of direct occupational therapy to an individual
for a specific medical condition shall be based on a referral
from a licensed physician, licensed optometrist [or a], licensed
podiatrist[.], licensed certified registered nurse practitioner
or licensed physician assistant.
(b) This act shall not be construed as authorization for an
occupational therapist or occupational therapy assistant to
practice a branch of the healing arts except as described in
this act.
Section 3. Section 15 of the act is 5. Sections 15(a) and <--
16(c) of the act are amended to read:
Section 15. Renewal of license; effect of license suspension or
revocation.
(a) A license issued under this act shall be renewed
biennially upon payment of the renewal fee prescribed in section
17. It shall expire unless renewed in the manner prescribed by
the regulations of the board. The board may provide for the late
renewal of a license upon the payment of a late fee. A late
renewal of a license shall not be granted more than four years
after its expiration. A license shall be renewed after the four-
year period only by complying with section 11. The board may
establish additional requirements for license renewal designed
to assure continued competency of the applying occupational
therapist or occupational therapy assistant.
* * *
Section 16. Refusal, suspension or revocation of license; <--
refusal to renew; penalties; injunctive relief.
* * *
(c) (1) A person who violates a provision of this act is
guilty of a misdemeanor and, upon conviction thereof, shall
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be punished by a fine of not less than $100 nor more than
$500 or by imprisonment for not less than 30 days nor more
than 90 days, or by both such fine and imprisonment and for
each additional offense that person shall be subject to
either a fine of not less than $500 or imprisonment of not
less than six months, at the discretion of the court.
(2) In addition to any other civil remedy or criminal
penalty provided for in this act, the board may levy a civil
penalty on a person who violates a provision of this act in
accordance with the act of July 2, 1993 (P.L.345, No.48),
entitled "An act empowering the General Counsel or his
designee to issue subpoenas for certain licensing board
activities; providing for hearing examiners in the Bureau of
Professional and Occupational Affairs; providing additional
powers to the Commissioner of Professional and Occupational
Affairs; and further providing for civil penalties and
license suspension."
(3) Fines and civil penalties collected under the
provisions of this act shall be paid into the State Treasury
for the use of the Commonwealth.
* * *
Section 4 6. The act is amended by adding a section to read: <--
Section 16.1. Impaired professionals program.
(a) The board, with the approval of the Commissioner of
Professional and Occupational Affairs, shall appoint and fix the
compensation of a professional consultant with education and
experience in the identification, treatment and rehabilitation
of persons with physical or mental impairments. Such consultant
shall be accountable to the board and shall act as a liaison
between the board and treatment programs, such as alcohol and
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drug treatment programs licensed by the Department of Health,
psychological counseling and impaired professionals support
groups approved by the board and which provide services to
licensees under this act.
(b) The board may defer and ultimately dismiss any of the
types of corrective action set forth in this act for an impaired
professional so long as the licensee is progressing
satisfactorily in an approved treatment program, provided that
the provisions of this subsection shall not apply to a licensee
who has been convicted of, pleaded guilty to or entered a plea
of nolo contendere to a felonious act prohibited by the act of
April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," or the conviction of
a felony relating to a controlled substance in a court of law of
the United States or any other state, territory or country. An
approved program provider shall, upon request, disclose to the
consultant such information in its possession regarding an
impaired professional in treatment which the program provider is
not prohibited from disclosing by an act of this Commonwealth,
another state or the United States. Such requirement of
disclosure by an approved program provider shall apply in the
case of impaired professionals who enter an agreement in
accordance with this section, impaired professionals who are the
subject of a board investigation or disciplinary proceeding and
impaired professionals who voluntarily enter a treatment program
other than under the provisions of this section but who fail to
complete the program successfully or to adhere to an after-care
plan developed by the program provider.
(c) An impaired professional who enrolls in an approved
treatment program shall enter into an agreement with the board
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under which the professional's license shall be suspended or
revoked but enforcement of that suspension or revocation may be
stayed for the length of time the professional remains in the
program and makes satisfactory progress, complies with the terms
of the agreement and adheres to any limitations on his practice
imposed by the board to protect the public. Failure to enter
into such an agreement shall disqualify the professional from
the impaired professional program and shall activate an
immediate investigation and disciplinary proceeding by the
board.
(d) If, in the opinion of such consultant after consultation
with the provider, an impaired professional who is enrolled in
an approved treatment program has not progressed satisfactorily,
the consultant shall disclose to the board all information in
his or her possession regarding such professional, and the board
shall institute proceedings to determine if the stay of the
enforcement of the suspension or revocation of the impaired
professional's license shall be vacated.
(e) An approved program provider who makes a disclosure
pursuant to this section shall not be subject to civil liability
for such disclosure or its consequences.
(f) Any hospital or health care facility, peer or colleague
who has substantial evidence that a professional has an active
addictive disease for which the professional is not receiving
treatment, is diverting a controlled substance or is mentally or
physically incompetent to carry out the duties of his license
shall make or cause to be made a report to the board: Provided,
That any person or facility who acts in a treatment capacity to
impaired professionals in an approved treatment program is
exempt from the mandatory reporting requirement of this
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subsection. Any person or facility who reports pursuant to this
section in good faith and without malice shall be immune from
any civil or criminal liability arising from such report.
Failure to provide such report within a reasonable time from
receipt of knowledge of impairment shall subject the person or
facility to a fine not to exceed $1,000. The board shall levy
this penalty only after affording the accused party the
opportunity for a hearing, as provided in 2 Pa.C.S. (relating to
administrative law and procedure).
Section 5 7. This act shall take effect in 60 days. <--
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