THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, O'PAKE AND BROWNE, FEBRUARY 2, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 2, 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 creation of the

board, for practice and referrals and for renewal of

licenses; 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 4.  Creation of board, appointment and term of members,

officers.

* * *

(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.

* * *

Section 2.  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.

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 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 4.  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

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

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

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.  This act shall take effect in 60 days.