N.Y. Comp. Codes R. & Regs. tit. 8 § 76.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 76.5 - Definition of occupational therapy practice

(a) A functional evaluation within the meaning of Education Law, section 7901 may include screening, observing, consulting, administering and/or interpreting standardized and nonstandardized assessment tools, and simulating and analyzing activities or environments for the purpose of:

(1) assessing levels of functional abilities and deficits resulting from developmental deficit, injury, disease or any limiting condition; and/or

(2) identifying areas of function and dysfunction in daily life tasks; and/or

(3) determining the need for and the types of initial and/or subsequent occupational therapy.

(b) Purposeful activity is defined as goal-directed behavior designed to achieve maximal physical, cognitive and mental functioning of the client and aimed at the development, restoration or maintenance of functional daily living skills and activities of daily living in the categories of selfcare, work, homemaking or play/leisure.

(c) A treatment program within the meaning of Education Law, section 7901 shall be consistent with the statutory scope of practice and may:

(1) Include the therapeutic use of goal-directed activities, exercises, or techniques to maximize the client's physical, cognitive and/or mental functioning in life tasks. Treatment is directed toward maximizing functional skill and task-related performance for the development of a client's vocational, avocational, daily living or related capacities.

(2) Relate to physical, perceptual, sensory, neuromuscular, sensory-integrative, cognitive or psychosocial skills.

(3) Include, where appropriate for such purposes, and under appropriate conditions, modalities and techniques based on approaches taught in an occupational therapy curriculum and included in a program of professional education in occupational therapy registered by the department, and consistent with areas of individual competence. These approaches are based on:

(i) The neurological and physiological sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:

(a) sensory integrative approaches;

(b) developmental approaches;

(c) sensorimotor approaches;

(d) neurophysiological treatment approaches;

(e) muscle reeducation;

(f) superficial heat and cold; or

(g) cognitive and perceptual remediation.

(ii) The behavioral and social sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:

(a) behavioral principles;

(b) work-related programs and simulation;

(c) group dynamics and process; or

(d) leisure/avocational activities.

(iii) The biomechanical sciences as taught in a registered occupational therapy professional education program. Modalities and techniques may be based on, but not limited to, any one or more of the following:

(a) passive, active assistive, and active range of motion;

(b) muscle strengthening and conditioning;

(c) positioning;

(d) participation in design, fabrication, and/or application, and patient education related to orthotics and adaptive equipment;

(e) evaluation of appropriateness, participation in design concept, application and patient education related to prosthetics;

(f) daily life tasks;

(g) adapting the client's environment; or

(h) work-related programs.

(d) Any treatment program described in this regulation designed to restore function shall be rendered on the prescription or referral of a physician, nurse practitioner or other health care provider acting within his or her scope of practice. In accordance with section 7901 and articles 131 and 153 of the Education Law, nothing contained in this regulation shall be construed to permit any licensee hereunder to engage in the practice of medicine or psychology, including psychotherapy or otherwise expand such licensee's scope of practice beyond what is authorized by law.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 76.5

Amended New York State Register February 7, 2018/Volume XL, Issue 06, eff. 2/7/2018