§ 42.23. Supervision of applicants with temporary licenses.
(a) Section 9(a)(3) of the act (63 P. S. § 1509(a)(3)) provides that an applicant for licensure who holds a temporary license shall practice occupational therapy or provide services only as an assistant under the direct supervision of an occupational therapist licensed pursuant to this act. With regard to a temporary licensee under section 9(a)(3), direct supervision means that:
(1) The supervisor is onsite at least 25% of the time worked by the temporary licensee and at all other times is available for prompt consultation by telephone or otherwise.
(2) The supervisor has face-to-face individual contact with the temporary licensee at least weekly in the case of a temporarily licensed occupational therapist and at least daily in the case of a temporarily licensed occupational therapy assistant. This contact shall include observation of the temporary licensee performing occupational therapy.
(3) In addition to the contact described in paragraph (2), the supervisor has face-to-face, telephone or written supervisory contact with the temporary licensee at least daily in the case of a temporarily licensed occupational therapist and as needed in the case of a temporarily licensed occupational therapy assistant. For purposes of this paragraph, face-to-face contact may include group conferences among the supervisor and two or more supervisees.
(b) For purposes of subsection (a)(1), onsite means that the supervisor is physically present and available in the facility or other location where the temporary licensee is working. When the facility comprises more than one contiguous building, availability means that the supervisor is readily accessible for face-to-face consultation with the supervisee.
(c) Subsection (a) provides minimum supervisory requirements. Supervisors shall intensify supervision consistent with a temporary licensees experience, competence and performance or when other factors, such as failing the licensing examination, indicate that greater oversight is needed.
(d) In addition to the responsibilities set out in subsection (a), the supervision of a temporary licensee requires that the supervisor:
(1) Evaluate the patient/client.
(2) Prepare a written program plan.
(3) Assign treatment duties based on that program plan to a temporary licensee who has been specifically trained to carry out those duties.
(4) Monitor the temporary licensees performance.
(5) Accept professional responsibility for the temporary licensees performance.
(e) Supervision includes the following:
(1) Communicating to the temporary licensee the results of patient/client evaluation and discussing the goals and program plan for the patient/client.
(2) Periodically reevaluating the patient/client and, if necessary, modifying the program plan.
(3) Case management.
(4) Determining program termination.
(5) Providing information, instruction and assistance as needed.
(6) Preparing on a regular basis, but at least every 3 months, a written appraisal of the temporary licensees performance and discussing that appraisal with the temporary licensee.
(f) Notwithstanding subsections (d)(1) and (2) and (e)(2), the supervisor may assign to a temporarily licensed occupational therapist elements of patient/client evaluation and reevaluation and elements of preparing a written program plan. These assignments shall be consistent with the training, experience and competence of the temporary licensee.
(g) Notwithstanding subsections (d)(1) and (e)(2), the supervisor may assign to a competent temporarily licensed occupational therapy assistant the administration of standardized tests, the performance of activities of daily living evaluations and other elements of patient/client evaluation and reevaluation that do not require the professional judgment and skill of an occupational therapist.
(h) The supervisor shall maintain a supervisory plan and shall document the supervision of each temporary licensee. Documentation shall include evidence of regular supervision and contact between the supervisor and the temporary licensee.
(i) A supervisor who is temporarily unable to provide supervision shall arrange for substitute supervision by an occupational therapist currently licensed by the Board. The substitute shall provide supervision that is as rigorous and thorough as that provided by the permanent supervisor.
(j) Failure to comply with this section constitutes unprofessional conduct under section 16(a)(2) of the act (63 P. S. § 1516(a)(2)).
The provisions of this § 42.23 issued under section 5(b) of the Occupational Therapy Practice Act (63 P. S. § 1505(b)).
The provisions of this § 42.23 adopted May 1, 1992, effective May 2, 1992, 22 Pa.B. 2334.
This section cited in 49 Pa. Code § 42.24 (relating to Code of Ethics).
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