Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE [49 PA. CODE CH. 42] Orders [37 Pa.B. 4519]
[Saturday, August 18, 2007]The State Board of Occupational Therapy Education and Licensure (Board) amends § 42.25 (relating to orders) to read as set forth in Annex A.
The proposed rulemaking was published at 36 Pa.B. 5981 (September 30, 2006). Publication was followed by a 30-day public comment period. The Board did not receive comments from the public. The House Professional Licensure Committee (HPLC) voted to take no formal action until the final rulemaking was submitted, but did submit one comment on November 16, 2006. The Independent Regulatory Review Commission (IRRC) reported on November 29, 2006, that it had no objections, comments or recommendations. The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment on the proposed rulemaking.
Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
Section 5(b) of the Occupational Therapy Practice Act (act) (63 P. S. § 1505(b)) authorizes the Board to promulgate and adopt rules and regulations it deems necessary for the performance of its duties and the proper administration of the act.
Summary of Comments and Responses to Proposed Rulemaking
The HPLC noted that the proposed rulemaking contained an inconsistency in the use of terminology regarding the individual who orders the services of an occupational therapist. The Board variously referred to the ''responsible licensed physician, licensed optometrist or licensed podiatrist,'' the ''practitioner'' and the ''ordering practitioner.'' The HPLC recommended that the Board be consistent in its terminology throughout the section. The Board adopted this recommendation and simply refers to the licensed physician, licensed optometrist or licensed podiatrist who issues the order for occupational therapy.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will not have a fiscal impact on, or create additional paperwork for, the regulated community or the political subdivisions of the Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 20, 2006, the Board submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 5981, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 27, 2007, the final-form rulemaking was approved by the HPLC. On July 18, 2007, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 19, 2007, and approved the final-form rulemaking.
Additional Information
Additional information may be obtained by writing to Christine Stuckey, Board Administrator, State Board of Occupational Therapy Education and Licensure, P. O. Box 2649, Harrisburg, PA 17105-2649.
Findings
The Board finds that:
(1) Public notice of intention to adopt this final-form rulemaking has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and comments were received.
(3) The amendments to the final-form rulemaking do not enlarge the original purpose of the proposed rulemaking published at 36 Pa.B. 5981.
(4) This final-form rulemaking is necessary and appropriate for the administration of the act.
Order
The Board therefore orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 42, are amended by amending § 42.25 to read as set forth in Annex A.
(b) The Board shall submit a copy of this order and Annex A to the Office of the Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
ELLEN L. KOLODNER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 37 Pa.B. 4411 (August 4, 2007).)
Fiscal Note: Fiscal Note 16A-676 remains valid for the final adoption of the subject regulation.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 42. STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE MINIMUM STANDARDS OF PRACTICE § 42.25. Orders.
(a) Written orders. An occupational therapist shall accept a referral in the form of a written order from a licensed physician, licensed optometrist or licensed podiatrist.
(b) Oral orders.
(1) An occupational therapist may accept a referral in the form of an oral order if it is impractical for the licensed physician, licensed optometrist or licensed podiatrist to provide the order in writing.
(2) An occupational therapist receiving an oral order shall immediately transcribe the order in the patient's medical record, including the date and time the order was received, and sign the medical record.
(3) The occupational therapist in a private office setting who has received an oral order shall obtain the countersignature of the licensed physician, licensed optometrist or licensed podiatrist who issued the order within 5 days of receiving the order.
(4) If the occupational therapist who receives an oral order provides services in a setting that is independent of the prescriber's setting, the occupational therapist may accept the countersignature of the ordering licensed physician, licensed optometrist or licensed podiatrist on a written copy of the order that is mailed or faxed to the occupational therapist.
(5) If an occupational therapist provides services in a facility licensed by the Department of Health, the countersignature of the ordering licensed physician, licensed optometrist or licensed podiatrist shall be obtained in accordance with the applicable regulations of the Department of Health governing the facility, including 28 Pa. Code §§ 211.3 and 601.31 (relating to oral and telephone orders; and acceptance of patients, plan of treatment and medical supervision).
[Pa.B. Doc. No. 07-1479. Filed for public inspection August 17, 2007, 9:00 a.m.]
