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319A.090 Construction of chapter.
(1)
(2)
(3)
The provisions of this chapter shall not be construed as preventing or
restricting the practices, services, or activities of:
(a) A person licensed in accordance with the provisions of another law of the
Commonwealth from engaging in the profession or occupation for which
licensed;
(b) A person employed as an occupational therapist or an occupational
therapy assistant by the United States government, provided that person
provides occupational therapy solely under the direction or control of the
organization by which the person is employed;
(c) A person pursuing a course of study leading to a degree or certificate in
occupational therapy at an accredited or approved educational program,
provided the activities and services are part of a supervised course of
study and the person is designated by a title which clearly indicates the
status of student or trainee and not licensed occupational therapist or
occupational therapy assistant;
(d) A person fulfilling the supervised fieldwork experience requirements of
this chapter, provided such activities and services constitute a part of the
experience necessary to meet the requirements of that program;
(e) Any person performing occupational therapy services in the
Commonwealth, if these services are performed for no more than sixty
(60) days in a calendar year in association with an occupational therapist
licensed under this chapter, provided that:
1.
The person is licensed under the law of another state which has
licensure requirements at least as stringent as the requirements of
this chapter; or
2.
The person meets the requirements for current certification as an
occupational therapist or an occupational therapy assistant, as
established by the National Board for Certification in Occupational
Therapy or its equivalent; or
(f) Any person employed as an occupational therapy aide.
Occupational therapy services shall not include gait training, spinal or pelvic
adjustment or manipulation, and the use of deep physical agent modalities,
except as provided in KRS 319A.080.
Occupational therapy services shall also not include independent diagnostic
evaluation for the determination of visually related rehabilitative treatment plans
or the testing and prescription of optical, electronic, or assistive technology
low-vision devices. Occupational therapists may only provide low-vision or
visual therapy services, as defined in administrative regulation, under the direct
supervision of an optometrist, ophthalmologist, or physician, or by written
prescription from an optometrist, ophthalmologist, or physician. These services
shall be provided in accordance with a written evaluation and clinical treatment
plan from an optometrist, ophthalmologist, or physician. The board shall
promulgate administrative regulations pursuant to this subsection in
collaboration with the Kentucky Board of Optometric Examiners.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 14, sec. 6, effective July 15, 2002. -- Created
1986 Ky. Acts ch. 78, sec. 9, effective July 15, 1986.
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