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 Memorandum Seeking AmendmentFY 2020 NEW YORK STATE EXECUTIVE BUDGETPUBLIC PROTECTION AND GENERAL GOVERNMENTARTICLE VII LEGISLATIONPart CC Workers’ CompensationThis legislation amends section 13-b of the Workers’ Compensation Law regarding the authorization of providers and the definition of such providers.The legislation provides an amendment to 13-b 1. That adds (h) a definition of occupational therapy12 (h)"Occupational therapist" shall mean licensed as having a bach- 13 elor's or master's degree in occupational therapy from a registered 14 program with the education department or receipt of a diploma or degree 15 resulting from completion of not less than four years of postsecondary 16 study, which includes the professional study of occupational therapy in 17 accordance with the education law and the regulations of the commission- 18 er of education.Unfortunately, this language does not include a 2016 amendment to Title VIII, Article 156 of the education law regarding the education requirements for licensing an occupational therapist. The words, “at least,” was added to address the fact that some occupational therapists are now graduating at entry level with solely a doctorate degree. The amendment proposed in the executive budget Article VII Public Protection and General Government legislation could be interpreted to exclude occupational therapists with a doctorate degree from being a provider in the Workers’ Compensation program.The New York State Occupational Therapy Association recommends amending the proposed legislation to include the words “at least,” as follows.12 (h)"Occupational therapist" shall mean licensed as having at least a bach- 13 elor's or master's degree in occupational therapy from a registered 14 program with the education department or receipt of a diploma or degree 15 resulting from completion of not less than four years of postsecondary 16 study, which includes the professional study of occupational therapy in 17 accordance with the education law and the regulations of the commission- 18 er of education.In addition, the legislation provides a definition of “provider” in subpart (m) that lists every provider of Workers’ Compensation services except the occupational therapist. In our conversation with the second floor the Workers’ Compensation Board acknowledged that this was a simple oversight.12 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 13 independent medical examiner, nurse practitioner, physical therapist, 14 physician, physician assistant, podiatrist, psychologist, or social 15 worker authorized by the chair. The New York State Occupational Therapy Association recommends amending the proposed legislation to include the words “occupational therapist,” as follows.12 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 13 independent medical examiner, nurse practitioner, occupational therapist, 14 physical therapist, physician, physician assistant, podiatrist, 15 psychologist, or social worker authorized by the chair. The Workers’ Compensation Board and the Governor’s office agreed with these amendments. The New York State Occupational Therapy Association urges the legislature to make certain that these amendments to the Article VII legislation are included in the budget discussions.Occupational therapy practitioners, through their education and training, have the skills to evaluate worker capacities, task performance, and the work environment, and to provide interventions related to these areas.?Occupational therapists evaluate the impact of wellness, cognition, physical disabilities, psychosocial factors, and medical conditions on work performance. In particular, occupational therapists possess the distinct ability to evaluate the intersection of an individual’s work demands and the work environment through evidence-based task analysis. The occupational therapy evaluation can identify supports and barriers to success in the work environment, including work culture, that can be addressed in the intervention plan to enhance work performance. The occupational therapist also considers other contexts and environments that may support or hinder the ability to fulfill the worker role, such as access to transportation and the ability to dress oneself in a timely manner for the work day. These specialized evaluation skills allow the occupational therapist to understand and deliver results in the complex psychosocial and physical work environment.Occupational therapy interventions with injured workers are tailored to the holistic needs of the client and take into account all aspects of the work environment and work demands to facilitate successful performance. jt:2.19

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