49 Pa. Code § 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 licensee's 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 licensee's
performance.
(5) Accept
professional responsibility for the temporary licensee's 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 licensee's
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)).
Notes
The provisions of this § 42.23 issued under section 5(b) of the Occupational Therapy Practice Act (63 P. S. § 1505(b)).
This section cited in 49 Pa. Code § 42.24 (relating to Code of Ethics).
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