Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions: This rule applies to all
occupational therapy practitioners who include both occupational therapists and
occupational therapy assistants as defined in OAR 339-010-0005. All other rules
regarding Occupational Therapy practitioners apply notwithstanding what is
found in these rules as they apply to practitioners in the education setting.
(a) "Children and youth" refers to a child or
student determined to be eligible for services under IDEA or Section 504. Part
B under IDEA describes requirements for the provision of special education
services for preschool and school-age children and youth, ages 3 through 21
years. Part C, or the early intervention program, focuses on services for
infants and toddlers with disabilities and their families. Section 504 and the
Americans With Disabilities Act (ADA 1990) define a person with a disability as
"any person who has a physical or mental impairment that substantially limits
one or more major life activities." and require a public school system to
provide needed accommodations or services.
(b) "Service plans" document the program of
services and supports necessary to meet a child's developmental or educational
needsunder the IDEA. These specify the need for occupational therapy services
and include: the individualized family services plan (IFSP) for infants,
toddlers and preschoolers; the individualized education plan (IEP) or a Section
504 Plan for school-age youth.
(c)
"Educational or developmental goals" are developed collaboratively by a
multi-disciplinary early intervention or educational team, which includes an
occupational therapist as a related service provider, when areas of
occupational performance have been identified.
(d) "Natural environment" refers to the most
appropriate setting for the child to develop the skills needed for occupational
performance.
(e) "Educational
environments" refers to home; community; day care; preschool, or the general
and special education settings.
(f)
"Evaluation" is the process of gathering information to make decisions about a
student's or child's strengths and educational or developmental
needs.
(g) "Assessments" are the
specific methods or measures used to gather data for the evaluation.
(2) The Occupational Therapy
Process:
(a) Evaluation: The occupational
therapist is responsible for the occupational therapy evaluation.
(A) The occupational therapist selects
assessment methods that focus on identifying factors that act as supports or
barriers to engagement in occupations. The initial occupational therapy
evaluation should include analysis of the child's ability to access the natural
or educational environment for learning.
(B) The occupational therapist must
participate in decisions about the need for occupational therapy services,
development of functional, measurable goals and determining which educational
or developmental goals occupational therapy will support.
(C) The occupational therapist determines the
types, frequency and duration of interventions, as well as accommodations and
modifications of the environment.
(D) Screening to determine the need for an
occupational therapy evaluation does not constitute initiation of occupational
therapy services.
(b)
Intervention: The occupational therapy practitioner may implement occupational
therapy services, along a continuum, which may include the following:
(A) Direct intervention is the therapeutic
use of occupations and activities with the child present, individually or in
groups.
(B) Consultation is
collaborative problem solving with parents, teachers, and other professionals
involved in a child's program.
(C)
The education process is imparting generalized knowledge and information about
occupation and activity and does not address an individual child's specific
education plan.
(c)
Outcomes: The occupational therapist should review the intervention on an
ongoing basis and dependent on the child's response, modify as
needed.
(3) Delegation
of therapeutic activities:
(a) The
occupational therapy practitioner may instruct others, such as educational or
daycare staff, to carry out a specific activity or technique designed to
support the child's the performance.
(b) The designated person must be able to
demonstrate the technique as instructed, recount the restrictions, safety
factors and precautions.
(c) The
occupational therapy practitioner is responsible for ongoing monitoring of the
trained person and modifying the procedures based on outcomes and other
changes.
(d) When considering the
delegation of techniques the child's health and safety must be maintained at
all times.
(4)
Documentation:
(a) The occupational therapy
practitioner must document evaluation, goals, interventions and outcomes if
they are not included in the service plan.
(b) Documentation should reflect the child's
current status, progress towards goals, response to interventions, and
strategies that were promising or ineffective.
(c) The occupational therapist should utilize
a method of data collection that allows for concise and accurate recording of
intervention and progress.
(d) The
occupational therapy practitioner is responsible for the analysis of data
collected to verify progress and the documentation of their own activities to
accomplish the goals.
(e) School
records shall be kept for a minimum of seven years
Stat. Auth.: ORS
675.230,
675.240,
675.250,
675.300 &
675.310
Stats. Implemented: ORS
675.210(4),
675.240(1)
& (2), 675.250(2)
& (3), 675.300(1)(a)
& 675.320(11)