319A.090 Construction of chapter

319A.090 Construction of chapter.

(1) 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.

(2) 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.

(3) 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.