Board of Occupational Therapy

PUBLIC NOTICE FOR PROPOSED RULES

OF WYOMING BOARD OF OCCUPATIONAL THERAPY

Public notice is hereby given that the Wyoming State Board of Occupational Therapy intends to amend Chapters 1, 2, 3, and 5. These rules and regulations are proposed by authority of the Board to regulate the qualifications and establish standards of performance for persons licensed as occupational therapists and occupational therapy assistants in Wyoming. These rules provide for enforcement and proper administration of the provisions of the Occupational Therapy Practice Act. These proposed rules are available for review on the Board's web page at http://occupationaltherapy.wyo.gov.

Written comments should be submitted to the following address no later than January 18, 2021.

Wyoming State Board of Occupational Therapy

2001 Capitol Ave #105

Cheyenne, WY 82002

Comments may also be sent by email to maxie.cordova@wyo.gov.

A public hearing will be held by the Wyoming State Board of Occupational Therapy if requested by twenty-five (25) persons, by a governmental subdivision, or by an association having not less than twenty-five (25) members. Requests for a hearing should be directed to the agency at the above address by the date specified above. Notice of the hearing will be provided to all persons making a timely request therefore.

Commenters may request a statement of principal reasons for overruling the consideration urged by the commenter. If requested, the statement will be issued either prior to or within thirty (30) days after agency action.

Dated this 27th day of November 2020. Maxine Cordova

Executive Director

Maxine Cordova

STATEMENT OF REASON

For Adoption of Regular Rules

The Wyoming Board of Occupational Therapy is proposing to amend Chapters 1, 2, 3, and 5 of its rules. Most importantly, the Board intends to define and clarify the use of “Dry Needling” and “Physical Agent Modalities,” two practices increasingly used by occupational therapists nationwide. The Board does not currently have rules governing these practices. The Board is proposing to require that occupational therapists be trained in the use of these practices before they can incorporate them into their work.

The proposed amendments also address comments the Board received regarding what level of supervision occupational therapy assistants and limited licensees require from fully-licensed occupational therapists. The Board is proposing to reduce the amount of supervision some levels of OTA require and proposing to allow all supervisors to supervise their charges through live video and audio connections. Licensees remain free to supervise their assistants and limited licensees more stringently.

The Board is also proposing to require that occupational therapists’ continuing education courses directly concern occupational therapy. In addition, the Board is proposing to clarify how much continuing education new graduates must obtain before they first renew their license. Because a recent graduate would receive less benefit from continuing education, the Board is proposing to allow recent graduates to submit fewer continuing education hours.

The Board is also proposing to implement the provisions of the Wyoming Homeland Security Act that require the Board to allow licensees in other states to practice during states of emergency. The Board is proposing to implement those provisions by allowing professionals licensed in other states to practice in Wyoming under an emergency license which would come into effect by operation of law.

Finally, the Board is proposing to allow licensees to use credit or debit cards to pay their license renewal fees.


Comment period ended 1/19/2021.

POLICY ON SUPERVISION

DURING DECLARED STATES OF EMERGENCY

November 12, 2020: This policy has been extended until July 1, 2021.

July 10, 2020

The Board re-adopted this policy and it will remain in effect the end of the declared emergency or December 31, 2020.

April 29, 2020

The Board has received questions from occupational therapists and occupational therapy assistants regarding whether the Board would authorize remote supervision through a live audio and video connection during the declared state of emergency relating to the virus which causes COVID-19. The Board has not previously addressed whether supervision, required under Chapter 3, Sections 2 and 3 of the Board’s rules for occupational therapy assistants and limited licensees, may be accomplished remotely through a live audio and video connection. The Board’s rules do not specifically authorize remote supervision. However, they do not specifically prohibit it.

Under the present circumstances, and in order to carry out the spirit of the Governor’s executive orders and federal Centers for Disease Control and Prevention guidelines related to social distancing, supervisors may use live audio and video connections to supervise occupational therapy assistants and limited licensees. It shall not be grounds for discipline that a supervisor, occupational therapy assistant, or limited licensee used a live audio and video connection to supervise or be supervised.

The Board does not intend, by this policy, to definitively resolve whether remote supervision is permissible under its rules, but rather intends to allow limited licensees and occupational therapist assistants to practice during the declared state of emergency.

This policy shall remain in effect until July 1, 2020, or when the Governor of the State of Wyoming lifts the declared state of emergency related to the spread of COVID-19, whichever comes first. The Board may re-adopt this policy as necessary.

The Wyoming Board of Occupational Therapy is staffed through the Professional Licensing Boards Office, a division of A&I.

Practice Act

(also called the STATUTE)

W.S. § 33-40-101 Through §33-40-117

Filed Rules

Complete Rules filed July 16, 2019.


In regards to supervision of an occupational therapy assistant (OTA or COTA). Supervision is dependent on the level of experience an OTA or COTA is classified. For definitions and the frequency of supervision refer to the Rules & Regulations, Chapter 1, Section 3. Definitions (f) Close Supervision - daily, (i) General Supervision - monthly and (n) Routine Supervision - bi-weekly. The supervision log must be filled out accordingly, however if your facility requires more face-to-face supervision you may also report that on the supervision log.

This applies to both full-time and part-time occupational therapy assistants.

dry needling.pdf