Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 6892 (October 30, 2021).

49 Pa. Code § 42.21. Delegation of duties to aides and other unlicensed personnel.

MINIMUM STANDARDS OF PRACTICE


§ 42.21. Delegation of duties to aides and other unlicensed personnel.

 (a)  A licensee may delegate to aides and other unlicensed personnel duties associated with nontreatment aspects of occupational therapy services if the following conditions are met:

   (1)  The licensee who delegates a duty shall accept professional responsibility for the performance of that duty by the aide or other unlicensed person to whom it is delegated. Responsibility for the performance of a duty delegated by an occupational therapy assistant shall lie with both the assistant and with the occupational therapist who supervises that assistant.

   (2)  The aide or other unlicensed person does not perform an activity which requires licensure under the act.

 (b)  The following are examples of the lawful use of aides or other unlicensed personnel in the occupational therapy setting:

   (1)  Transporting patients.

   (2)  Preparing or setting up a work area or equipment.

   (3)  Attending to the personal needs of patients/clients during treatment.

   (4)  Assisting patients/clients with nontreatment aspects of occupational therapy services, such as monitoring and cuing patients/clients as they participate in activities.

   (5)  Performing clerical and housekeeping activities.

 (c)  The following are examples of the unlawful use of aides or other unlicensed personnel in the occupational therapy setting:

   (1)  Evaluating patients/clients.

   (2)  Treating patients/clients.

   (3)  Recording occupational therapy progress reports on the chart of a patient/client.

 (d)  Failure to comply with this section constitutes unprofessional conduct under section 16(a)(2) of the act (63 P. S. §  1516(a)(2)).

Authority

   The provisions of this §  42.21 amended under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P. S. § §  1505(b) and 1506(a)(2)).

Source

   The provisions of this §  42.21 adopted January 17, 1992, effective January 18, 1992, 22 Pa.B. 273; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663. Immediately preceding text appears at serial page (223101).



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