Wyo. Code R. 083-0001-3
Effective Date: 07/12/2019 to 04/29/2021
Rule Type: Superceded Rules & Regulations
Reference Number: 083.0001.3.07122019
(a) An occupational therapist currently licensed by the Board: (i) Evaluates the client using the appropriate evaluation tool(s) for condition. (ii) Prepares a custom written program plan and provides treatment as appropriate within the licensees scope of practice and training. (iii) When applicable assigns treatment duties based on that program plan to an occupational therapy assistant currently licensed by the Board who has been specifically trained to carry out those duties. (iv) Monitors the occupational therapy assistant's performance. (v) Accepts professional responsibility for the occupational therapy assistant's performance. (b) An occupational therapy assistant currently licensed by the board assists in the practice of occupational therapy and performs treatment and delegated assessment commensurate with their education and training.
(a) A licensed OTA may assist in the practice of occupational therapy only under the supervision of an OT. (b) The supervisory guidelines are as follows: (i) An entry-level OTA is an individual working on initial skill development or entering a new practice area. At this level the OT shall provide close supervision. (ii) An intermediate-level OTA is an individual working on increased skill development and mastery of basic role functions and demonstrates ability to respond to situations based on previous experience. At this level the OT shall provide routine supervision.
(iii) Advanced-level OTA is an individual refining specialized skills with the ability to understand complex issues affecting role functions. At this level the OT shall provide general supervision.
(c) Each supervising OT shall maintain a supervisory plan and shall document the supervision of each OTA using the supervision form provided by the Board. Documentation shall include evidence of regular supervision and contact between the supervisor and the assistant and may be subject to Board review upon request. Documentation shall be kept for three (3) years. Supervision shall include:
(i) Communicating to the OTA the results of patient or client evaluation and discussing the goals and program plan for the patient or client;
(ii) Providing information, instruction and assistance as needed;
(iii) Annually, or more often if warranted, preparing a written appraisal of the OTAs performance and discussing the appraisal with the OTA;
(iv) A supervising OT after initial record review is performed may assign the administration of standardized tests, activities of daily living evaluations, or other elements of patient evaluation and re-evaluation that do not require the professional judgment and skill of an occupational therapist to an intermediate or advanced OTA. Assignment under this subsection must be consistent with OTA’s education and training.
(v) More frequent supervision may be necessary as determined by the OT or the OTA, dependent on the level of expertise displayed by the OTA, the setting and the population characteristics.
(d) A supervisor who is temporarily unable to provide supervision shall arrange for substitute supervision by an OT currently licensed by the Board. The substitute shall provide supervision that is as rigorous and thorough as that provided by the permanent supervisor.
(a) Individuals licensed under a limited license shall receive daily direction and instruction from a licensee in good standing with the Board. The supervising licensee shall also provide evaluations of the limited licensee's therapy skills.
(b) The limited licensee may provide services outside of the physical presence of the supervising licensee.
(c) Written documentation of each supervisory session shall be recorded on the supervision form provided by the Board and signed by the supervising licensee and limited licensee. The limited licensee shall submit the original supervision forms to the Board as part of the application for full licensure.
(d) The supervisor shall notify the Board in writing of termination of supervision.
(e) All treatment documentation must be co-signed by the Limited Licensee and the supervising therapist.
(a) In order to provide occupational therapy services via telehealth to a client in Wyoming, the OT providing services to a client must have a valid and current license issued by the Board. Wyoming licensed OT using telehealth technology with a client in another state may also be required to be licensed in the state in which the client receives those services and must adhere to those state licensure laws.
(b) When providing occupational therapy services via telehealth, an OT shall determine whether an in-person evaluation is necessary and make every attempt to ensure that a OT is available if an on-site visit is required.
(c) The OT is responsible for determining whether any aspect of the provision of services may be conducted via telehealth or must be conducted in person. An OT shall consider at a minimum:
(d) OT shall obtain informed consent of the delivery of service via telehealth from the client prior to initiation of occupational therapy services via telehealth and maintain documentation in the client's health record.
(e) An OT or OTA providing occupational therapy services via telehealth must:
(i) Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of delivery of occupational therapy services.
(a) It is the professional responsibility of licensees to provide services for clients without regard to race, creed, national origin, gender, disability or religious affiliation;
(b) The licensee shall be acquainted with applicable local, state, federal laws and institutional rules and shall function accordingly;
(c) The licensee shall inform employers, employees, and colleagues about those laws and policies that apply to the profession of occupational therapy;
(d) The licensee shall function with discretion and integrity in relations with colleagues and other professionals and shall be concerned with the quality of their services;
(e) The licensee shall report illegal, incompetent, or unethical practice to the appropriate authority;
(f) The licensee shall not disclose privileged information when participating in reviews of peers, programs or systems;
(g) The licensee who employs or supervises colleagues shall provide appropriate supervision, as defined in the American Occupational Therapy Association (AOTA) supervision guidelines or state laws, rules and regulations, and institutional policies;
(h) The licensee shall recognize the contributions of colleagues when disseminating professional information:
(i) Treatment objectives and the therapeutic process shall be formulated to ensure professional accountability;
(j) Occupational therapy evaluation services shall be goal-directed in accordance with the overall educational, habilitation or rehabilitation plan and shall include a system to ensure professional accountability;
(k) The licensee shall not delegate client care, evaluations or treatment to interning students or fieldwork students when the licensee is not in the facility. The OTA is not allowed to supervise a Level II OT student;
(l) Licensee shall accurately represent their competence, education, training and experience;
(m) The licensee shall only provide services and use techniques for which he or she is qualified by, and have supporting documentation of, education, training or experience;
(n) The licensee shall take all reasonable precautions to avoid harm to the client or detriment to the client's property;
(o) The licensee shall inform subjects involved in education or research activities of the potential outcome of those activities;
(p) When applicable, the licensee shall establish fees, based on cost analysis, that are commensurate with services rendered;
(q) The licensee shall accurately record information and report information as required by facility standards and state and federal laws;
(r) All data recorded in permanent files or records shall be supported by the licensee's observations or by objective measures of data collection;
(s) Client's records shall only be divulged as authorized by law or with the client's consent for release of information;
(t) The licensee shall not delegate to other personnel those client-related services where the clinical skills and expertise of a licensee are required;
(u) The licensee shall refer clients to other service providers or consult with other service providers when additional knowledge and expertise is required.
(a) The failure of a licensee to abide by the ethical standards adopted by the Board shall constitute unprofessional conduct and grounds for disciplinary action.