WSR 06-17-184

PROPOSED RULES

DEPARTMENT OF HEALTH


(Occupational Therapy Practice Board)

[ Filed August 23, 2006, 10:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-092 and 04-11-096.

Title of Rule and Other Identifying Information: WAC 246-847-080 Examinations, 246-847-115 Limited permits, and 246-847-120 Foreign trained applicants.

Hearing Location(s): Red Lion Hotel on the River, 909 North Hayden Island Drive, Glisan Room, Portland, OR 97217, on October 6, 2006, at 1:00 p.m.

Date of Intended Adoption: October 6, 2006.

Submit Written Comments to: Vicki Brown, Program Manager, Occupational Therapy Practice Board, P.O. Box 47867, Olympia, WA 98504-7867, e-mail vicki.brown@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by September 18, 2006.

Assistance for Persons with Disabilities: Contact Vicki Brown, Program Manager, by September 22, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 246-847-080 Examinations, the American Occupational Therapy Association (AOTA) no longer administers the examination. It is now administered by the National Board for Certification in Occupational Therapy (NBCOT).

WAC 246-847-115 Limited permits, on-line testing was developed and implemented in 2003 by the National Board for Certification in Occupational Therapy (NBCOT).

WAC 246-847-120 Foreign trained applicants, foreign trained applicants from foreign institutions who pass the National Board for Certification in Occupational Therapy (NBCOT) exam have met the education and experience requirements for licensure.

Reasons Supporting Proposal: Amendments clarify language and streamline application process: NBCOT administers national exam, AOTA no longer administers; removes language referring to eligibility to take next exam, exam now administered on-line providing greater flexibility, exam was administered twice a year and now is available every month; allows passage of national exam to serve as education and experience requirement from unrecognized schools, removes requirement to submit education and training documentation, eliminates duplication of effort for foreign trained as NBCOT reviews when applicant takes national exam.

Statutory Authority for Adoption: RCW 18.59.130 and 18.59.060.

Statute Being Implemented: RCW 18.59.130.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, occupational therapy practice board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicki Brown, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4865.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency did not complete a small business economic impact statement under RCW 19.85.030 (1)(a) because the proposed rules do not impose more than minor costs to the industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Vicki Brown, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4865, fax (360) 664-9077, e-mail vicki.brown@doh.wa.gov.

August 21, 2006

Vicki Brown

Program Manager

OTS-7820.3


AMENDATORY SECTION(Amending Order 394B, filed 9/1/93, effective 10/2/93)

WAC 246-847-080   Examinations.   (1) The ((current series of the American Occupational Therapy Certification Board)) examination administered by the National Board for Certification in Occupational Therapy or its successor/predecessor organization shall be the official examination for licensure as an occupational therapist or as an occupational therapy assistant.

(2) ((The examination for licensure as an occupational therapist shall be conducted twice a year.

(3) The examination for licensure as an occupational therapy assistant shall be conducted twice a year.

(4) The program manager of the board shall negotiate with the American Occupational Therapy Certification Board for the use of the certification examination.

(5) The examination shall be conducted in accordance with the American Occupational Therapy Certification Board security measures and contract.

(6) Applicants shall be notified of the examination results in accordance with the procedures developed by the American Occupational Therapy Certification Board.

(7) Examination scores will not be released except as authorized by the applicant in writing.

(8))) To be eligible for a license, applicants must attain a passing score on the examination ((administered by the American Occupational Therapy Certification Board)) determined by the National Board for Certification in Occupational Therapy or its successor/predecessor organization.

[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-080, filed 9/1/93, effective 10/2/93; 92-18-015 (Order 300B), 246-847-080, filed 8/24/92, effective 9/24/92; 91-05-027 (Order 112B), recodified as 246-847-080, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW 18.59.130(2). 86-10-004 (Order PL 588), 308-171-100, filed 4/24/86; 85-05-008 (Order PL 513), 308-171-100, filed 2/11/85.]


AMENDATORY SECTION(Amending Order 394B, filed 9/1/93, effective 10/2/93)

WAC 246-847-115   Limited permits.   (1) An applicant is eligible for a limited permit when they have met the criteria described under RCW 18.59.040(7)((, provided the applicant takes the first examination for which he or she is eligible)).

(2) An applicant who fails the examination may be granted a one time extension of the limited permit.

(3) An applicant who successfully passes the examination for licensure and who has a valid limited permit through the department of health at the time the examination results are made public shall be deemed to be validly licensed under the limited permit for the next thirty calendar days.

[Statutory Authority: RCW 18.59.130. 93-18-093 (Order 394B), 246-847-115, filed 9/1/93, effective 10/2/93; 91-23-047 (Order 213B), 246-847-115, filed 11/14/91, effective 12/15/91.]


AMENDATORY SECTION(Amending Order 112B, filed 2/12/91, effective 3/15/91)

WAC 246-847-120   ((Foreign trained)) Applicants from unrecognized educational programs.   ((An applicant obtaining education and training at foreign institutions shall submit the following information for the board's consideration in determining whether or not to waive the education and experience requirements for licensure, pursuant to RCW 18.59.070(1):

(1) An official description of the education program at the educational institution and if the description is not in English, then an English translation signed by the translator shall be submitted with the official description;

(2) An official transcript of the applicant's grades from the educational institution and if the transcript is not in English, then an English translation signed by the translator shall be submitted with the official transcript;

(3) Applicant's affidavit containing the following information:

(a) Location and dates of employment as an occupational therapist or occupational therapy assistant for up to three years immediately prior to the date of application;

(b) Description of capacity in which applicant was employed, including job titles and description of specific duties;

(c) Description of nature of clientele; and

(d) Name and title of direct supervisors;

(4) Written job description for each employment as an occupational therapist or occupational therapy assistant for up to three years immediately prior to the date of application;

(5) Signed, written statements from all employers or direct supervisors for up to three years immediately prior to the date of application containing the following information:

(a) Dates of applicant's employment;

(b) Description of applicant's specific duties; and

(c) Employer or direct supervisor's title;

(6) If the applicant graduated from the educational institution within the three years immediately prior to the application, the applicant shall obtain a signed, written statement from the applicant's program director at the educational institution discussing the applicant's fieldwork experience at the educational institution.)) (1) An applicant who has passed the approved National Certification Examination as defined in WAC 246-847-080, is considered to have met the education and experience requirements of RCW 18.59.050.

(2) Written verification of passing scores or verification of current certification must be submitted to the department directly from the National Board for Certification in Occupational Therapy or its successor/predecessor organization.

(3) After reviewing the information submitted, the board may require submission of additional information necessary for purposes of clarifying the information previously submitted.

[Statutory Authority: RCW 18.59.130. 91-05-027 (Order 112B), recodified as 246-847-120, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW 18.59.130(2). 86-17-064 (Order PM 610), 308-171-104, filed 8/19/86; 86-10-004 (Order PL 588), 308-171-104, filed 4/24/86.]

Washington State Code Reviser's Office