Section 640A.265 - Delegation of duties to occupational therapy assistants and unlicensed persons; limitations1. A treating occupational therapist shall provide direction to and supervise any program of intervention which is delegated to an occupational therapy assistant or provisional licensee and shall ensure that the occupational therapy assistant or provisional licensee does not function autonomously.2. Only an occupational therapist may: (a) Interpret the record of a patient who is referred to the occupational therapist by a provider of health care;(b) Interpret the evaluation of a patient and identify any problem of the patient;(c) Develop a plan of care for a patient based upon the initial evaluation of the patient, which includes the goal of the treatment of the patient;(d) Determine the appropriate portion of the program of intervention and evaluation to be delegated to an occupational therapy assistant;(e) Delegate the treatment to be administered by the occupational therapy assistant;(f) Instruct the occupational therapy assistant regarding:(1) The specific program of intervention of a patient;(2) Any precaution to be taken to protect a patient;(3) Any special problem of a patient;(4) Any procedure which should not be administered to a patient; and(5) Any other information required to treat a patient;(g) Review the program of intervention of a patient in a timely manner;(h) Record the goal of treatment of a patient; and(i) Revise the plan of care when indicated.3. A treating occupational therapist may delegate to an occupational therapist who holds a provisional license any of the activities identified in subsection 2.4. An occupational therapy assistant shall not:(a) Write formal evaluations of the progress of a patient to another health care professional. For the purposes of this paragraph, daily chart notes in the records of a patient do not constitute a formal evaluation of the progress of the patient.(b) Participate in any meeting with a patient or a health care professional, including, without limitation, a meeting in an educational setting, at which: (1) The occupational therapy assistant is the sole licensee; and(2) The program of intervention of a patient may be modified.(c) Make clinical decisions regarding the provision of occupational therapy services to a patient that conflict with or overrule the decisions of an occupational therapist.5. An occupational therapy assistant or provisional licensee shall notify the treating occupational therapist of record for a patient and document in the records of the patient any change in the: (a) General condition of the patient; and(b) Condition of a patient that is not within the planned progress or treatment goals of the patient.6. A treating occupational therapist of record for a patient shall continuously follow the progress of the patient.7. Except as otherwise provided in NAC 640A.267, a licensee shall not knowingly delegate to a person who is less qualified than the licensee any program of intervention which requires the skill, common knowledge and judgment of the licensee.8. As used in this section, "health care professional" has the meaning ascribed to it in NRS 629.076, as amended by section 15 of Senate Bill No. 217, chapter 289, Statutes of Nevada 2021, at page 1595.Nev. Admin. Code § 640A.265
Added to NAC by Bd. of Occupational Therapy, eff. 12-23-92; A by R179-01, 9-20-2002; R210-07, 9-18-2008; A by R067-17AP, eff. 5/16/2018; A by R001-21A, eff. 12/22/2021