New York State
Occupational Therapy Association

NYSOTA is seeking legislation to amend the occupational therapy practice act. S.4538 was introduced by Senator Kenneth LaValle, of Suffolk County Long Island, and Senator Suzi Oppenheimer.  A.7790 by Assembly member Ronald Canestrari from the Cohoes/Rensselaer/Saratoga area and the Assembly Majority Leader. 

The legislation would amend Article 156 of Title VIII, of the education law. The bill adds to the definition of occupational therapy practice terms such as consultation, cognition, performance abilities, prevention and wellness. 

• The bill allows for the referral from an optometrist.
• The bill removes requirements for physician or nurse practitioner referral in non-medical situations so that some consumers in the community will have direct access to occupational therapy services.
• The bill changes the composition of the state board to remove the physician and hospital administrator, require two public members, and one occupational therapy assistant.
• The bill would allow a limited permitee to continue practicing under direct supervision for a full year, even after failing the licensing exam.
• The bill would allow a limited permitee to practice in all practice settings, as long as there is direct supervision. Direct supervision regulations would be promulgated by the State Board for Occupational Therapy for both occupational therapy graduates and occupational therapy assistant graduates with a limited permit.
• The bill would clearly establish that an occupational therapy assistant is a licensed professional, require the occupational therapy assistant to pass a licensing exam, and delineate the practice of an occupational therapy assistant.

The bill also attempts to establish anti-coercion language that prohibits an employer from coercing an occupational therapist to delegate inappropriate responsibilities to an occupational therapy assistant, provide inadequate supervision to an occupational therapy assistant, or attempt to coerce an occupational therapy assistant to assume inappropriate responsibilities.

The Chair of the Assembly Higher Education Committee that will consider the bill is Deborah Glick, from Manhattan. The Chair of the Senate Higher Education Committee is Toby Ann Stavisky.

In 2005 the Senate Higher Education Committee attempted to pass the OT bill out of committee near the end of the legislative session, until objections were raised by other groups. NYSOTA worked over the fall of 20 05 to resolve those issues. Those talks have led to revisions in the language regarding prevention and abandoning our attempt to remove the prohibition on practicing psychotherapy. In the 2006 session Senator LaValle once again placed our bill on his committee agenda. This time we received opposition from the NYS Psychological Association, the Society of Clinical Social Workers and Blue Cross/Blue Shield. In the fall 2006 NYSOTA was able to negotiate language regarding the addition of the word “cognitive” in the definition section of the practice act.

NYSOTA learned in the summer of 2007, of a professional disciplinary case regarding an occupational therapy assistant dating back to December 2004. The jurisdictional authority of the State Education Department and the Board of Regents was challenged by the OTA’s attorney, and in a ruling by the State Education Department’s Administrative Officer, dated April 10 2007, it was determined that occupational therapy assistants are not licensed and that the State Education Department has no jurisdictional authority over them.

In Spring 2008, the legislation was reported out of the Senate Higher Education Committee and advanced to third reading on the Senate Calendar, which means that it was ready to be voted on. However, it was never put on the agenda for the full Senate vote.

The bill received four memos and one phone call of opposition or concern. The law firm Hinman Straub, representing Blue Cross Blue Shield, issued a memo opposed to the bill’s amendment concerning direct access for non-medical conditions, stating, “the bill does not define what is included in non-medical conditions,…will place patients at risk for improper diagnosis or inappropriate treatment…ignores the fact that occupational therapists are not trained or able to diagnose diseases…would subject patients to substantial and unanticipated medical costs by removing the referral requirements…Unlike similar legislation enacted in 2006 (the PT direct access) this proposed bill lacks the mandatory patient notice provisions…”

NYS United Teachers, representing New York State Psychological Association, issued a memo of opposition regarding the removal of the prohibition on OT practicing psychotherapy, the addition of the term “cognitive,” and that “the term ‘non-medical conditions’ is ambiguous and should be clearly delineated in this legislation.”

The NY Association for Marriage and Family Therapy Inc. and the NY Association of School Psychologists issued a memo of “Comments of Concern,” regarding the bills addition of the term “cognitive.”

A lobbyist representing the Society of Clinical Social Workers, made a phone call to Senator LaValle’s office opposing the bill’s adding the term “cognitive.”

The bill’s momentum was certainly slowed and time ran out at the end of the 2008 session. 

In 2009, S.4538 was reported out of the Senate Higher Education Committee again. However, this time the Society of Clinical Social Workers insisted on an amendment prohibiting OT from practicing social work. Even larger, the Medical Society for the State of New York issued a memo of opposition. The Medical Society opposes the licensing of occupational therapy assistants, the addition of optometrists as a source of referrals, and direct access for clients with non-medical conditions.

A.7790 was never put on the Committee agenda in the Assembly Higher Education Committee. NYSOTA is working with the Assembly to get the bill moving.

For a copy of the bill go to www.assembly.state.ny.us/

You can support this important effort to advance the future of OT in New York by contacting your State Senator and Assembly member, Assembly member Glick at glickd@assembly.state.ny.us and Senator Toby Ann Stavisky at stavisky@senate.state.ny.us     Ask for them to support the occupational therapy bill.