Rules Updates

OTPTAT Board Administrative Rules

Ohio law, also known as the Ohio Revised Code, is amplified by administrative rules created by state agencies. The rules for the Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board may be found here:

OTPTAT Guide to Rulemaking

OTPTAT rules

 

Any person may comment on on OTPTAT Board rules at any time by simply sending an email to Rules@otptat.ohio.gov. Please include your name, email, and the rule number on which you are commenting.

 

Register of Ohio

The Register of Ohio is the official repository of rules filed with JCARR. This website contains the official text of the proposed changes, as well as the "Rule Summary and Fiscal Analysis" for each rule filed by the Board.

Business Impact Analysis - Common Sense Initiative 

A state rule-making agency may propose to adopt a new rule, amend, or rescind an existing rule, or propose to continue a rule without any changes. Executive Order 2011-01K and sections 107.62 and 121.82 of the Ohio Revised Code require state agencies to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the  business community, and provide an opportunity for the affected public to provide input on the proposed rules. The Business Impact Analysis for proposed rules discusses the purpose of the rule and identifies the nature of the adverse impact on licensees. The Common Sense Initiative review must be complete before the rules can begin the formal rule-making process through the Joint Committee on Agency Rule Review (JCARR).

Rules Under Review

The Physical Therapy Compact Commission is requesting public comment on the proposed amendments to its rules. Please see the PT Compact notice  for more information on the rule changes and how to give input. 

PT Compact rules
PT Compact notice

 

The Occupational Therapy Section of the OTPTAT Board seeks your comments and feedback on the following proposed rule which is being submitted for review by the Common Sense Initiative. Please review the language of the rules below by clicking on the link to open a pdf version of the rules. Submit your comments to rules@otptat.ohio.gov and csipubliccomments@governor.ohio.gov. Include contact information with your name, phone number, email address, and license type (if applicable). The Board will accept comments through October 14, 2022.

Rule Number

Title

Summary of Changes
Business Impact Analysis

4755-3-01

Applications for initial licensure

This rule details the requirements to receive initial licensure as an OT or OTA in the state of Ohio. The change to this rule aligns OTPTAT Board rule English language requirement to the criteria used by the National Board of Certification for Occupational Therapy (NBCOT) to evaluate internationally educated individuals with respect to obtaining a Visa Credential Verification Certificate.

 

The Physical Therapy Section seeks your comments and feedback on the following proposed rule which is being submitted for review by the Common Sense Initiative. Please review the language of the rules below by clicking on the link to open a pdf version of the rules. Submit your comments to rules@otptat.ohio.gov and csipubliccomments@governor.ohio.gov. Include contact information with your name, phone number, email address, and license type (if applicable). The Board will accept comments through October 14, 2022.

Rule Number

Title

Summary of Changes
Business Impact Analysis

4755-23-12

Requirements for foreign educated applicants

This rule details the requirements to receive initial licensure as a PT or PTA in Ohio if you have been educated internationally. This rule change clarifies two things:

1. The PT Section may accept an evaluation completed for another state if the other state's requirements for licensure were substantially equivalent to Ohio's for the same time period.

2. Allows an option for individuals who are internationally educated to request a waiver of the TOEFL requirements if they are applying for licensure after already being licensed in another state and if they meet minimum practice requirements in the United States.

 

The OTPTAT Board seeks your comments and feedback on the following proposed rules which are being submitted to the Joint Committee on Agency Rule Review. These new rules are being proposed as part of an effort to implement a "safe haven" program for licensees and applicants. A safe haven program will:

  • Provide confidential services to OTPTAT Board practitioners who are seeking help with burnout, mental health, or substance use disorders.
  • Be a safe space that is intended to be an early intervention before patient safety becomes a concern.
  • Serve as a therapeutic alternative to Board involvement in a problematic situation while still meeting the Board's mandate of public protection.

Participants of a safe haven program will, in most circumstances, be unknown to the Board as long as they remain in compliance with their treatment program. 

In addition to the safe haven program, some of these rules make additional adjustments to the professional code of ethics, as noted in the description and language of the rule.

Please review the language of the rules below by clicking on the link. Submit your comments to rules@otptat.ohio.gov. Include contact information with your name, phone number, email address, and license type (if applicable). The Board will accept comments through November 2, 2022.

Rule Number

Title

Summary of Changes

4755-2-01

Impaired practitioner rules and safe haven program for license holders and applicants

This rule defines impaired practitioners and establishes a safe haven program for use by licensees of and applicants to the OTPTAT Board. The rule establishes the parameters of confidentiality in the safe haven program and details the kinds of assistance the program can provide. The rule also spells out the consequences for violating the participation agreement of the program. The program, which is run by an external organization, uses licensed professionals to evaluate and monitor the treatment of OTPTAT Board license holders who choose to participate. As long as license holders are compliant with the treatment plan, the Board will be unaware of their case. License holders are responsible for the cost of their own treatment.
4755-7-08 Code of ethical conduct (OT)

This rule sets forth the code of ethical conduct for occupational therapy. Changes include:

  • Inclusion of reports of impairment issues to the safe haven program as fulfilling a practitioner's "duty to report" a fellow practitioner instead of making a report to the Board.
  • Clarifies that the Board may take action against the license of an impaired practitioner unless they are a participant in the safe haven program.
  • Includes an option to participate in the safe haven program in lieu of self-reporting impairment to the Board.
  • Adds that a violation of the code of ethics may include a failure to protect and keep confidential personal health information and a failure to respect privacy rights of clients, other facility care recipients, employees, colleagues, and students.
4755-27-05 Code of ethical conduct for physical therapists and physical therapist assistants

Changes include:

  • Inclusion of reports of impairment issues to the safe haven program as fulfilling a practitioner's "duty to report" a fellow practitioner instead of making a report to the Board.
  • Clarifies that the Board may take action against the license of an impaired practitioner unless they are a participant in the safe haven program.
  • States that for the purposes of the code of ethics, the patient-therapist relationship may extend beyond the established plan of care.
4755-27-06 Reporting requirements (PT) This rule sets for the circumstances that a license holder must self-report to the Board within 30 days. It includes an option to participate in the safe haven program in lieu of self-reporting impairment to the Board.
4755-41-01 Code of ethical conduct (AT)

This rule sets for the code of ethical conduct for athletic training. Changes include:

  • Inclusion of reports of impairment issues to the safe haven program as fulfilling a practitioner's "duty to report" a fellow practitioner instead of making a report to the Board.
  • Clarifies that the Board may take action against the license of an impaired practitioner unless they are a participant in the safe haven program.
  • States that athletic trainers shall not engage in harassment that creates a hostile work environment.
  • States that conversations with patients should not be sexually demeaning.
  • States that sexual activity includes sexual conduct and sexual contact as a prohibited activity with patients.
  • Corrects statutory references that changed with the passage of HB 176, Athletic Training Practice Act.
  • Establishes a new requirement that athletic trainers shall make a reasonable attempt to either offer a chaperone during an intimate examination or treatment or follow their employer’s chaperone policy.
4755-41-03 Reporting requirements (AT) This rule sets for the circumstances that a license holder must self-report to the Board within 30 days. It includes an option to participate in the safe haven program in lieu of self-reporting impairment to the Board.
4755-64-01 Ethical and professional conduct (OPP)

This rule sets for the code of ethical conduct for orthotics, prosthetics, and pedorthics. Changes include:

  • Inclusion of reports of impairment issues to the safe haven program as fulfilling a practitioner's "duty to report" a fellow practitioner instead of making a report to the Board.
  • Clarifies that the Board may take action against the license of an impaired practitioner unless they are a participant in the safe haven program.
  • Includes an option to participate in the safe haven program in lieu of self-reporting impairment to the Board.

 

Contact


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Board@otptat.ohio.gov
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