N.M. Admin. Code § 16.15.3.11

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.15.3.11 - TASK DELEGATION

A. As pertains to the occupational therapy assistant (OTA): the occupational therapist (OT) shall evaluate each patient/client before direct care tasks are assigned to the occupational therapy assistant (OTA). The occupational therapist (OT) shall determine and assign only those tasks that can be safely and effectively done by an occupational therapy assistant (OTA). Direct care tasks may include, but are not limited to:

(1) completing data collection procedures such as record review, interviews, general observations, and behavioral checklists;

(2) administering standardized and criterion-referenced tests after service competency has been established;

(3) reporting changes in status that might warrant reassessment or referral;

(4) contributing to treatment plan as developed by the occupational therapist (OT);

(5) providing direct intervention by engaging patient/client in activities related to occupational performance areas;

(6) adjusting and modifying treatment plans subject to final approval by an occupational therapist (OT); and

(7) reporting the factors that warrant discontinuation of intervention orally and in writing.

B. The occupational therapist (OT) must sign the evaluation, the original treatment plan, any change of the treatment plan, and discharge of services.

C. Duties and functions which the occupational therapy assistant (OTA) shall not perform include, but are not limited to:

(1) interpreting referrals or prescriptions for occupational therapy service;

(2) interpreting and analyzing evaluation data;

(3) developing or planning treatment plans independently; and

(4) acting independently without supervision of an occupational therapist (OT);

D. In extenuating circumstances, when the occupational therapy assistant (OTA) is without supervision, the occupational therapy assistant (OTA) may continue carrying out established programs for no longer than thirty (30) calendar days under agency supervision while appropriate occupational therapy supervision is sought. It is the responsibility of the board to interpret what establishes "extenuating circumstances".

(1) The agency and the supervisee must notify the board office, in writing, of the name of the agency supervisor within twenty-four (24) hours of approval for extenuating circumstances. This notification may be by means of fax or e-mail.

(2) The agency supervisor must sign the supervision log for each day of supervision.

E. As pertains to the occupational therapy aide/technician: the occupational therapist (OT) shall evaluate each patient/client before direct care tasks are assigned to the occupational therapy aide/technician. Only the occupational therapist (OT) shall determine, assign and modify those tasks that can be safely and effectively performed by the occupational therapy aide/technician.

(1) The occupational therapist (OT) or occupational therapy assistant (OTA) shall not document services rendered by an aide or technician as occupational therapy services provided by a licensed practitioner.

(2) The occupational therapist (OT) or occupational therapy assistant (OTA) shall supervise those delegated, established routine activities which are performed by the occupational therapy aide/technician.

(3) The occupational therapist (OT) and the occupational therapy assistant (OTA) shall not assign or permit occupational therapy aides/technicians to:

(a) interpret referrals or prescriptions for occupational therapy services;

(b) interpret or analyze evaluation data;

(c) develop, plan, adjust, or modify treatment plans;

(d) act on behalf of the occupational therapist (OT) or the occupational therapy assistant (OTA) in any matter related to direct patient/client care which requires judgment or decision making;

(e) act independently without the supervision of an occupational therapist (OT) or an occupational therapy assistant (OTA);

(f) document services provided by an aide or technician as occupational therapy provided by a licensed practitioner; and

(g) represent themselves as an occupational therapist (OT) or occupational therapy assistant (OTA).

N.M. Admin. Code § 16.15.3.11

06-14-97; 16.15.3.11 NMAC - Rn & A, 16 NMAC 15.3.11, 06-29-00; A, 04-03-03