North Carolina Board of Occupational Therapy

 

THE NORTH CAROLINA OCCUPATIONAL THERAPY

PRACTICE ACT

CHAPTER 90

ARTICLE 18D

OCCUPATIONAL THERAPY

90-270.65 TITLE

 This article shall be known as the “North Carolina Occupational Therapy Practice Act”  (1983  (Reg. Sess., 1984), c. 1073, s. 1.)

90-270.66  DECLARATION OF PURPOSE

 The North Carolina Occupational Therapy Act is enacted to safeguard the public health, safety and welfare, to protect the public from being harmed by unqualified persons, to assure the highest degree of professional services and conduct on the part of occupational therapists and occupational therapy assistants, to provide for the establishment of licensure requirements, and to insure the availability of occupational therapy services of high quality to persons in need of such services.  It is the purpose of this Article to provide for the regulation of persons offering occupational therapy services to the public.

 

90-270.67  DEFINITIONS

As used in this Article, unless the context clearly requires a different meaning:

1.         Accrediting body. - The Accrediting Council for Occupational Therapy Education.

1a.       Board. – The North Carolina Board of Occupational Therapy.

1b.       Examining body. – The National Board for Certification in Occupational Therapy.

2.         Occupational therapist. - An individual licensed in good standing to practice occupational therapy as defined in this Article.

3.         Occupational therapy assistant. - An individual licensed in good standing to assist in the practice of occupational therapy under this Article, who performs activities commensurate with his or her education and training under the supervision of a licensed occupational therapist.

4.         “Occupational therapy” means a health care profession providing evaluation, treatment and consultation to help individuals achieve a maximum level of independence by developing skills and abilities interfered with by disease, emotional disorder, physical injury, the aging process, or impaired development.  Occupational therapists use purposeful activities and specially designed orthotic and prosthetic devices to reduce specific impairments and to help individuals achieve independence at home and in the work place.

5.         Person. - Any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this Article.

90-270.68   Establishment of Board, terms, vacancies, removal,

meetings, compensation.

 

 (a)       Establishment of Board - The North Carolina Board of Occupational Therapy is created.  The Board shall consist of seven members who are appointed by the Governor and are residents of this State at the time of and during their appointment, as follows:

1.      Three members shall be occupational therapists and one member shall be an occupational therapy assistant.  Each of these members shall be licensed to practice in North Carolina and have practiced, taught, or engaged in research in occupational therapy for at least three of the five years immediately preceding appointment to the Board. 

2.      One member shall be a physician in good standing with the North Carolina Medical Board and licensed by and registered with the North Carolina Medical Board to practice medicine in this State.

3.      One member shall represent the public at large and shall be a person who is not a health care provider licensed under this Chapter or the spouse of a licensed health care provider.

4.      One member shall be a counselor, educator, or school-based professional certified or licensed under North Carolina law who is employed in the North Carolina public school system and is not an occupational therapist or an occupational therapy assistant.

The occupational therapist members and the occupational therapy assistant member shall be nominated by the North Carolina Occupational Therapy Association, Inc., following the use of a procedure made available to all occupational therapists and occupational therapy assistants licensed and residing in North Carolina.  In soliciting nominations and compiling its list, the Association shall give consideration to geographic distribution, clinical specialty, and other factors that will promote representation of all aspects of occupational therapy practice.  The records of the nomination procedures shall be filed with the Board and made available for a period of six months following nomination for reasonable inspection by any licensed practitioner of occupational therapy.

The physician member shall be nominated by the North Carolina Occupational Therapy Association, Inc., after consultation the North Carolina Medical Society.  The counselor, educator, or school-based professional member shall be nominated by the North Carolina Occupational Therapy Association, Inc., after consultation with the North Carolina School Counselors Association.

(b)      Terms. - Members of the Board shall serve four-year staggered terms.  No member shall serve more than two consecutive four-year terms, unless a member is appointed to fill a vacancy for an unexpired term, then that member may complete the unexpired term and serve one additional four-year term.

(c)       Vacancies. - In the event a member of the Board cannot complete a term of office, the vacancy shall be filled by appointment by the Governor, in accordance with the procedures set forth in this section, for the remainder of the unexpired term.  Vacancies shall be filled by the Governor within 45 days of receipt of the nominations from the North Carolina Occupational Therapy Association, Inc., or, in the case of public members, within 45 days of the receipt of notice of vacancy.

(d)      Removal. - The Board may remove any of its members for neglect of duty, incompetence, or unprofessional conduct.  A member subject to disciplinary proceedings shall be disqualified from participation in Board business until the charges are resolved.

(e)       Meetings. - Each year the Board shall meet and designate a chairperson, a vice-chairperson, and a secretary-treasurer from among its members.  The Board may hold additional meetings upon call of the chairperson or any two board members.  A majority of the Board membership shall constitute a quorum.

(f)        Compensation. - Members of the Board shall receive no compensation for their services, but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B-5.

 

90-270.69  POWERS AND DUTIES OF THE BOARD

 

The Board shall have the following powers and duties:

(1)        Establish and determine the qualifications and fitness of applicants for licensure to practice occupational therapy in this State.

(2)        Conduct investigations, subpoena individuals and records, and do all other things necessary and proper to discipline persons licensed under this Article and to enforce this Article.

(2a)      Communicate disciplinary actions to relevant State and federal authorities and to other state occupational therapy licensing authorities.

(3)        Issue and renew, deny, suspend, revoke or refuse to issue or renew any license under this Article.

(4)        Adopt, amend, or repeal any reasonable rules or regulations necessary to carry out the purposes of this Article, including but not limited to rules establishing ethical standards of practice.

(5)        Employ professional, clerical, investigative or special personnel necessary to carry out the provisions of this Article, and purchase or rent office space, equipment and supplies.

(6)        Adopt a seal by which it shall authenticate its proceedings, official records, and licenses.

(7)        Conduct administrative hearings in accordance with Chapter 150B of the General Statutes when a “contested case” as defined in G.S. 150B-2(2) arises under this Article.

(8)        Establish reasonable fees for applications, initial and renewal licenses; and other services provided by the Board.

(9)        Submit an annual report to the Governor and General Assembly of all its official actions during the preceding year, together with any recommendations and findings regarding improvement of the profession of occupational therapy.

(10)      Publish and make available upon request the licensure standards prescribed under this Article and all rules and regulations established by the Board.

(11)      Conduct a training program as needed for new Board members designed to familiarize new members with their duties.

 

90-270.70   REQUIREMENTS FOR LICENSURE

(a)       Any individual who desires to be licensed as an occupational therapist or occupational therapy assistant shall file a written application with the Board on forms provided by the Board, showing to the satisfaction of the Board that the applicant:

(1)        Is of good moral character; and

(2)        Has passed an examination approved by the Board as provided in this   Article; and

Applicants for licensure as an occupational therapist must also have successfully completed an accredited occupational therapy educational curriculum and the required supervised fieldwork as determined by the Board.  Applicants for licensure as an occupational therapy assistant must also have successfully completed an accredited occupational therapy assistant educational curriculum and the required supervised fieldwork as determined by the Board.

(b)      Occupational therapists who are trained outside of the United States and its territories shall satisfy the examination and educational requirements as stated in subsection (a) of this section.  The Board shall require these applicants to meet examination eligibility requirements as established by the credentialing body recognized by the Board before taking the examination.

 

90-270.71  EXAMINATION  (Repealed)

 

90-270.72  EXEMPTION FROM REQUIREMENTS 

The Board may exempt an applicant from certain licensure requirements if the applicant presents proof satisfactory to the Board of current licensure as an occupational therapist or occupational therapy assistant in another state or the District of Columbia, Puerto Rico, or Guam, provided the other jurisdiction’s licensure standards are considered by the Board to be substantially equivalent to or higher than those prescribed in this Article.

 

90-270.73   ISSUANCE OF LICENSE

(a)     The Board shall issue a license to any individual who meets the requirements of this Article upon payment of the license fee prescribed in G.S. 90-270.77

(b)          Any individual licensed as an occupational therapist under this Article may use the words “occupational therapist” and may use the letters “O.T.” or “O.T./L.” in connection with his or her name or place of business.

(c)           Any individual licensed as an occupational therapy assistant under this Article may use the words “occupational therapy assistant” and may use the letters “O.T.A.” or “O.T.A./L.” in connection with his or her name or place of business.

 

90-270.74   LIMITED PERMITS (Repealed)

 

90-270.75   RENEWAL OF LICENSE

(a)           Licenses issued under this Article shall be subject to annual renewal upon completion of continuing education and competency requirements as may be required by the Board, upon the payment of a renewal fee specified under G.S. 90-270.77 and in compliance with this Article, and shall expire unless renewed in the manner prescribed by the Board.  The Board may provide for the late renewal of a license upon the payment of a late fee in accordance with G.S. 90-270.77, but no such late renewal may be granted more than five years after a license expires.

(b)          A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee to engage in the licensed activity or in any other conduct or activity in violation of the order or judgment by which the license was suspended until the license is reinstated.  If a license revoked on disciplinary grounds is reinstated, the licensee shall pay the renewal fee and any late fee that may be applicable.

 

90-270.76   SUSPENSION, REVOCATION AND REFUSAL TO RENEW LICENSE

(a)           The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:

(1)          Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.

(2)          Engaging in unprofessional conduct pursuant to rules established by the Board or violating the Code of Ethics adopted and published by the Board.

(3)          Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the occupational therapist or occupational therapy assistant is unfit or incompetent to practice occupational therapy or that the occupational therapist or occupational therapy assistant has deceived or defrauded the public.

(4)          Engaging in any act or practice violative of any of the provisions of this Article or any rule or regulation adopted by the Board, or aiding, abetting or assisting any person in such a violation.

(5)          Committing an act or acts of malpractice, gross negligence or incompetence in the practice of occupational therapy.

(6)          Practicing as a licensed occupational therapist or occupational therapy assistant without a current license.

(7)          Engaging in conduct that could result in harm or injury to the public.

(8)          Having an occupational therapy license revoked or suspended or other disciplinary action taken whether in this State or another jurisdiction.

(9)          Being unfit or incompetent to practice occupational therapy by reason of deliberate or negligent acts or omissions regardless of whether actual injury to a patient is established.

(b)          The denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the Board after a hearing held in accordance with G.S. Chapter 150B and rules adopted by the Board.  An application may be made to the Board for reinstatement of a revoked license if the revocation has been in effect for at least one year.

 

90-270.77   FEES

The Board shall adopt and publish, in the manner established by its rules and regulations, fees reasonably necessary to cover the cost of services rendered for the following purposes:

(1)        For an initial application, a fee not to exceed ten dollars ($10.00).

(2)        For issuance of an initial license, a fee not to exceed one hundred dollars ($100.00).

(3)        For the renewal of a license, a fee not to exceed fifty dollars ($50.00).

(4)        For the late renewal of a license, a fee not to exceed fifty dollars ($50.00).

(5)        For copies of Board rules and licensure standards, charges not to exceed the actual cost of printing and mailing.

 

90-270.78   FALSE REPRESENTATION OF LICENSE PROHIBITED

(a)           It is unlawful for any person who is not licensed in accordance with this Article or whose license has been suspended, revoked or not renewed by the Board to:

(1)          Engage in the practice of occupational therapy.

(2)          Orally, in writing, in print or by sign, or in any other manner, directly or by implication, represent that he or she is engaging in occupational therapy.

(3)           Use in connection with his or her name or place of business the words “occupational therapist” or “occupational therapy assistant”, or the letters “O.T.”, “O.T./L”, “O.T.A.”, “O.T.A./L.”, or any other words, letters, abbreviations or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant.

(b)           Any person who resides in another state or foreign country and who, by use of electronic or other medium, performs any of the acts described as the practice of occupational therapy pursuant to this Article, but is not licensed pursuant to this Article, shall be regarded as practicing occupational therapy without a North Carolina license and is subject to the provisions of this Article and appropriate regulation by the Board.

 

90-270.79   VIOLATION A MISDEMEANOR

Any person who violates any provision of this Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined or imprisoned, or both, in the discretion of the court.  Each act of such unlawful practice shall constitute a distinct and separate offense.

 

90-270.80   INJUNCTIONS

The Board may make application to any appropriate court for an order enjoining violations of this Article, and upon a showing by the Board that any person has violated or is about to violate this Article, the court may grant an injunction, restraining order, or take other appropriate action.

 

90-270.80A  CIVIL PENALTIES, DISCIPLINARY COSTS

(a)      Authority to Assess Civil Penalties. – The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of the Article or the violation of any rules adopted by the Board.  The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(b)            Consideration Factors. – Before imposing and assessing a civil penalty, the Board shall consider the following factors:

(1)            The nature, gravity, and persistence of the particular violation.

(2)            The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.

(3)            Whether the violation was willful and malicious.

(4)            Any other factors that would tend to mitigate or aggravate the violations found to exist.

(c)             Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties for violations of this Article or rules adopted by the Board.

(d)      Costs. – The Board may assess the costs of disciplinary actions against any person found to be in violation of this Article or rules adopted by the Board.

 

90-270.81   PERSONS AND PRACTICES NOT AFFECTED

Nothing in this Article shall be construed to prevent or restrict:

(1)               Any person registered, certified, credentialed, or licensed to engage in another profession or occupation or any person working under the supervision of a person registered, certified, credentialed, or licensed to engage in another profession or occupation in this State from performing work incidental to the practice of that profession or occupation as long as the person does not represent himself as an occupational therapist or occupational therapy assistant.

(2)               Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States, if he or she provides occupational therapy solely under the direction or control of the organization by which he or she is employed.

(3)               Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if the activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates his or her status as a student or trainee.

(4)               Any person fulfilling the supervised fieldwork experience required for licensure under this Article if the person is designated by a title, which clearly indicates his or her status as a student or trainee.

(5)               Occupational therapists or occupational therapy assistants licensed in other jurisdictions who are consulting, teaching or participating in special occupational therapy education projects, demonstrations or courses in this State, provided their evaluation and treatment of patients is minimal.

(6)               The practice of occupational therapy by an occupational therapist or occupational therapy assistant licensed in another jurisdiction who comes into the State, whether in person or by use of any electronic or other medium, on an irregular basis, to consult with a North Carolina licensed occupational therapist or occupational therapy assistant or to consult with faculty at an academic facility about education and training.  This shall not apply to occupational therapists or occupational therapy assistants residing in a neighboring state and regularly practicing in this State.

 

Severability. If any portion of this act shall be declared unconstitutional or otherwise invalid or unenforceable, such unconstitutionality or invalidity shall not affect the enforceability of the remaining portions of this act.

 The original Practice Act was effective September 1, 1984.  The 2005 Amendments to the Practice Act contained in Senate Bill-208 were passed by the North Carolina Legislature on September 2, 2005 and are included in this revision.  This Bill was signed into law by Governor Michael F. Easley on September 22, 2005.

 

 

 

Rules of the North Carolina Board

of Occupational Therapy

21 NCAC 38

 

SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS

.0101  PURPOSE

.0102  BOARD OFFICE

.0103  DEFINITIONS

.0104  (REPEALED)

 

SECTION .0200 ‑ APPLICATION FOR LICENSE

.0201  APPLICATION PROCESS

.0202  (REPEALED)

.0203  INTERVIEWS

.0204  FEES

 

SECTION .0300 – LICENSING

.0301  LICENSE NUMBER: DISPLAY OF LICENSE

.0302  LICENSE RENEWAL

.0303  (REPEALED)

.0304  GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

.0305  CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

.0306  PROFESSIONAL CORPORATION (Repealed)

.0307  RENEWAL OF CERTIFICATE OF REGISTRATION (Repealed)

 0308  CODE OF ETHICS

SECTION .0400 – GENERAL

.0401  CHANGE OF ADDRESS OR BUSINESS NAME

.0402  ADVERTISING

 

SECTION .0500 – RULES

.0501  PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES

.0502  PROCEDURE FOR ADOPTION OF RULES

.0503  TEMPORARY RULINGS

.0504  DECLARATORY RULINGS

 

SECTION .0600 - ADMINISTRATIVE HEARING PROCEDURES

.0601  APPLICABLE HEARING RULES

.0602  RIGHT TO HEARING

.0603  REQUEST FOR HEARING

.0604  GRANTING OR DENYING HEARING REQUEST

.0605  NOTICE OF HEARING

.0606  WHO SHALL HEAR CONTESTED CASES

.0607  INFORMAL PROCEDURES

.0608  PETITION FOR INTERVENTION

.0609  TYPES OF INTERVENTION

.0610  DISQUALIFICATION OF BOARD MEMBERS

.0611  SUBPOENAS

.0612  WITNESSES

.0613  FINAL DECISION

.0614  PROPOSALS FOR DECISION

 

SECTION .0700 ‑ PROFESSIONAL CORPORATIONS

.0701  AUTHORITY AND DEFINITIONS

.0702  PREREQUISITES FOR INCORPORATION

.0703  CERTIFICATE OF REGISTRATION

.0704  GENERAL AND ADMINISTRATIVE PROVISIONS

.0705  FORMS

.0706  FEES

 

SECTION .0800 – CONTINUING COMPETENCE ACTIVITY

.0801  CONTINUING COMPETENCE DEFINITIONS

.0802  CONTINUING COMPETENCE REQUIREMENTS FOR LICENSURE

.0803  APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

.0804  SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

.0805  QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

.0806  WAIVER OF REQUIREMENTS

.0807  DOCUMENTATION/REPORTING PROCEDURES

.0808  AUDIT OF CONTINUING COMPETENCE ACTIVITIES

 

SECTION .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS

.0901  NOTIFICATION OF SUPERVISION CHANGE

.0902  Supervision is an interactive process.

.0903  Types of supervision

.0904  DOCUMENTATION OF SUPERVISION

.0905  DELINEATION OF CLINICAL RESPONSIBILITIES

 

SECTION .1000 – (REPEALED)

SECTION .1100 – supervision of unlicensed personnel

.1101  RESPONSIBILITY OF THE OCCUPATIONAL THERAPY PRACTITIONER

.1102  DELEGATION OF DUTIES TO UNLICENSED PERSONNEL

CHAPTER 38 ‑ BOARD OF OCCUPATIONAL THERAPISTS

 

SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS

 

.0101   PURPOSE

(a)  These Rules set out standards and procedures, to license occupational therapists and occupational therapy assistants and to see that the qualifications and activities of those engaged in occupational therapy are in accord with law and to carry out the purpose of the Occupational Therapy Practice Act.

(b)  The Board is not a Board of arbitration and has no jurisdiction to settle disputes between parties.

 

.0102   BOARD OFFICE

The administrative offices of the North Carolina Board of Occupational Therapy are located at:

Wachovia Capitol Center

150 Fayetteville Street, Suite 1900

P.O. Box 2280

Raleigh, North Carolina  27602

Telephone: (919) 832-1380

Office hours are 9:00 a.m. until 5:00 p.m., Monday through Friday, except holidays.

 

.0103   DEFINITIONS

The definitions in G.S. 90-270.67 apply to this Chapter.  The following definitions also apply to the Chapter:

(1)        "Activities of daily living" means self-care activities.

(2)        "Assessment" means the specific tools or instruments that are used during the evaluation process.

(3)        "Client" means a person, group, program, organization, or community for whom the occupational therapy practitioner is providing services.

(4)        "Entry-level" means a person who has no experience in a specific position, such as a new graduate, a person new to the position, or a person in a new setting with no previous experience in that area of practice.

(5)        "Evaluation" means the process of obtaining and interpreting data necessary for intervention.  This includes planning for and documenting the evaluation process and results.

(6)        "Instrumental activities of daily living" means multi-step activities to care for self and others, such as household management, financial management and childcare.

(7)        "Intervention" means treatment.

(8)        "Intervention plan" is the program established by the occupational therapist for the delivery of occupational therapy services.  It may also be referred to as treatment plan, individualized education plan (IEP), individualized family service plan (IFSP), plan of care, or other terminology as determined by the occupational therapy service delivery setting.

(9)        "Level I Fieldwork" provides introductory level clinical training opportunities.

(10)      "Level II Fieldwork" provides clinical training in preparation for entry-level practice.

(11)      "Neglect of duty" occurs when a Board member fails to attend a majority of the official meetings of the Board within any 12 month period.

(12)      "Occupational Therapy", as defined in G.S. 90-270.67(4), may include evaluation of activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation.

(13)      "Occupational Therapy evaluation, treatment, and consultation" include the following:

(a)        remediation or restitution of performance abilities that are limited due to impairment in biological, physiological, psychosocial and developmental process;

(b)        adaptation of skills, process or environment, or the teachings of compensatory techniques in order to enhance performance;

(c)        disability prevention methods and techniques which facilitate the development or safe application of performance skills;

(d)        promotion of  health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction; and

(e)        interpretation of the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life.

(14)      "Occupational therapy practitioner" means an individual currently licensed by the Board as an occupational therapist or an occupational therapy assistant.

(15)      "Occupational therapy services" include the following:

(a)        Methods or strategies selected to direct the process of interventions such as:

(i)         Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired;

(ii)        Compensation, modification, or adaptation of activity or environment to enhance performance;

(iii)       Maintenance and enhancement of capabilities without which performance in everyday life activities would decline;

(iv)       Health promotion and wellness to enable or enhance performance in everyday life activities; and

(v)        Prevention of barriers to performance, including disability prevention.

(b)        Evaluation of factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including:

(i)         Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems);

(ii)        Habits, routines, roles, and behavior patterns;

(iii)       Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance; and

(iv)       Performance skills, including motor, process, and communication/interaction skills.

(c)        Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure and social participation, including:

(i)         Therapeutic use of occupations, exercises, and activities;

(ii)        Training in self-care, self-management, home management, and community/work reintegration;

(iii)       Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavioral skills;

(iv)       Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process;

(v)        Education and training of individuals, including family members, caregivers, and others;

(vi)       Care coordination, case management, and transition services;

(vii)      Consultative services to groups, programs, organizations, or communities;

(viii)      Modification of home, work school or community environments and adaptation of processes, including the application of ergonomic principles;

(ix)       Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, and orthotic devices, and training in the use of prosthetic devices;

(x)        Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management;

(xi)       Driver rehabilitation and community mobility;

(xii)      Management of feeding, eating, and swallowing to enable eating and feeding performance; and

(xiii)      Application of physical agent modalities, and use of a range of specific therapeutic procedures to enhance performance skills.

(16)      "Occupational therapy student" means an individual currently enrolled in an occupational therapist or occupational therapy assistant program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE).

(17)      "Practice Act" refers to the North Carolina Occupational Therapy Practice Act found in G.S. 90-270.65 et. seq.

(18)      "Screening" means obtaining and reviewing data relevant to a potential client to determine the need for further evaluation and intervention.

(19)      "Service Competency" is the ability to provide occupational therapy services in a safe and effective manner.  It implies that two practitioners can perform the same or equivalent procedure and obtain the same result.

(20)      "Skilled occupational" therapy services when rendered by an occupational therapist or occupational therapy assistant means functions that require the exercise of professional occupational therapy judgment, including the interpretation of referrals, screening, assessment, evaluation, development or modification of intervention plans, implementation of intervention, reassessment, or discharge planning.

(21)      "Supervision" is the process by which two or more people participate in joint effort to establish, maintain and elevate a level of performance to ensure the safety and welfare of clients during the provision of occupational therapy.  A variety of types and methods of supervision may be used.  Methods may include direct face-to-face contact and indirect contact.  Examples of methods or types of supervision that involve face-to-face contact include observation, modeling, co-treatment, discussions, teaching, instruction, and video teleconferencing.  Examples of methods or types of supervision that involve indirect contact include phone conversations, written correspondence, electronic exchanges, and other methods using telecommunication technology.  Supervision is structured according to the supervisee's qualifications, position, level of preparation, depth of experience and the environment within which the supervisee functions.  A change in practice setting may require a change in level of supervision until service competency has been established.  Levels of supervision are:

(a)        "Close supervision" requires daily, direct contact at the service delivery site (where intervention plan is provided).

(b)        "General supervision" requires at least monthly direct contact, with supervision available as needed by other methods.

(c)        "Direct supervision" means the Occupational Therapy supervisor must be within audible and visual range of the client and unlicensed personnel and available for immediate physical intervention.  Direct supervision is required for unlicensed personnel.

(22)           "Unlicensed personnel" means individuals within an occupational therapy setting who provide supportive services to the occupational therapist and the occupational therapy assistant and who function only under the guidance, responsibility, and supervision of the licensed occupational therapist or occupational therapy assistant to provide only specifically selected client-related or non-client related tasks for which the unlicensed personnel has been trained and has demonstrated competence.

 

.0104  (REPEALED)

 

SECTION .0200 ‑ APPLICATION FOR LICENSE

 

.0201   APPLICATION PROCESS

(a)  Each applicant, including those trained outside the United States or its territories, for an occupational therapist or occupational therapy assistant license shall complete an application form provided by the Board.  This form shall be submitted to the Board and shall be accompanied by:

(1)        one head and shoulders photograph (passport type), taken within the past six months, of the applicant of acceptable quality for identification, two inches by two inches in size;

(2)        the proper fees, as required by 21 NCAC 38 .0204;

(3)        evidence from the National Board for Certification of Occupational Therapy (NBCOT) of successful completion of the certification examination administered by it.  Evidence of successful completion of the NBCOT certification examination shall be accepted as proof of graduation from an accredited curriculum and successful completion of field work requirements;

(4)        two signed statements on forms provided by the Board attesting to the applicant's good moral character; and

(5)        successful completion of a jurisprudence exam administered by the Board.

(b)  An applicant previously licensed in any state re-entering the field of occupational therapy after not practicing occupational therapy for more than 24 months shall complete 90 days of general, supervised, re-entry fieldwork and shall provide to the Board;

(1)        a written plan for 90 days of general, supervised, re-entry fieldwork within 10 days of securing employment; and

(2)        monthly documentation confirming that the general, supervised, re-entry fieldwork is being provided.

 

.0202  (REPEALED)

 

.0203  INTERVIEWS

Interviews may be required by the Board should it have questions about the qualifications of an applicant.

 

.0204   FEES

(a)  Fees are as follows:

(1)        a request for an initial application for licensure as an occupational therapist or an occupational therapy assistant is ten dollars ($10.00);

(2)        application for issuance of a license or re-issuance of an expired license is one hundred dollars ($100.00);

(3)        annual renewal of a license is fifty dollars ($50.00);

(4)        late renewal of a license is an additional fifty dollars ($50.00).

(b)  Fees shall be non-refundable and shall be paid in cash or in the form of a cashier's check, certified check or money order made payable to the North Carolina Board of Occupational Therapy.  Personal checks shall be accepted for payment of renewal fees.

 

 

SECTION .0300 ‑ LICENSING

 

.0301   LICENSE NUMBER: DISPLAY OF LICENSE

Each individual who is issued a license shall be issued a license number.  Should that number be retired for any reason (such as death, failure to renew the license, or any other reason) that number shall not be reissued.  The license and current renewal card must be available for inspection at the licensee's principal place of business.

 

.0302   LICENSE RENEWAL

(a)  Any licensee desiring the renewal of a license shall apply for renewal and shall submit the renewal application, documentation of continuing competence activities, and the fee.  Occupational therapy assistants who are employed must also include evidence of required supervision.

(b)  Licenses not renewed by June 30 are expired.  Persons whose licenses are expired for 24 months or less and who desire to be licensed shall apply for and complete the requirements to renew the license.  The person shall also provide proof of 15 points of continuing competence activities for the last year the license was current and for each full year the person's license was expired.

(c)  Any person whose license is expired and who engages in any occupational therapy activities governed by the occupational therapy law shall be subject to the penalties prescribed in G.S. 90-270.76, 90-270.79, 90-270.80 and 90-270.80A.

(d)  Licenses expired in excess of 24 months shall not be renewed.  Persons whose licenses are expired in excess of 24 months and who desire to be licensed shall apply for and complete the requirements for a new license.

 

.0303   (Repealed)

 

.0304   GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

(a)  In addition to the conduct set forth in G.S. 90-270.76, the Board may deny, suspend, or revoke a license, or impose probationary conditions on a license, upon any of the following grounds:

(1)        writing a check given to the Board in payment of required fees which is returned unpaid;

(2)        allowing an unlicensed occupational therapist or occupational therapy assistant to practice under the licensee's supervision or control;

(3)        making any false statement or giving any false information in connection with an application for a license or renewal of a license or any investigation by the Board or the Board's designee;

(4)        committing a crime the circumstances of which relate to the occupational therapy profession;

(5)        violating any federal or state statute or rule which relates to the occupational therapy profession;

(6)        practicing occupational therapy while the licensee's ability to practice was impaired by alcohol or other drugs or a physical or mental disability or disease;

(7)        engaging in sexual misconduct.  For the purposes of this Paragraph, sexual misconduct includes:

(A)       Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an Occupational Therapist or Occupational Therapy Assistant/patient relationship exists with that person;

(B)       Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with patients or clients;

(8)        obtaining or attempting to obtain payment by fraud or deceit;

(9)        violating any Order of the Board;

(10)      failing to properly make the disclosures required by  21 NCAC 38 .0305;

(11)      abandoning or neglecting a patient or client under and in need of immediate professional care, without making reasonable arrangements for the continuation of care;

(12)      recording or communicating false or misleading data, measurements or notes regarding a patient;

(13)      delegating responsibilities to a person when the licensee delegating knows or has reason to know that the competency of that person is impaired by physical or psychological ailments, or by alcohol or other pharmacological agents, prescribed or not;

(14)      practicing or offering to practice beyond the scope permitted by law;

(15)      accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;

(16)      performing, without supervision, professional services which the licensee is authorized to perform only under the supervision of a licensed professional;

(17)      harassing, abusing, or intimidating a patient either physically or verbally;

(18)      failure to exercise supervision over persons who are authorized to practice only under the supervision of the licensed professional;

(19)      promoting an unnecessary device, treatment intervention or service for the financial gain of the practitioner or of a third party;

(20)      delegating professional responsibilities to a person when the licensee delegating the responsibilities knows or has reason to know that the person is not qualified by training, by experience, or by licensure to perform the responsibilities;

(21)      billing or charging for services or treatments not performed; or

(22)      making treatment recommendations based on the extent of third party benefits instead of the patient’s condition.

(b)  A licensee has been incompetent in practice under G.S. 90-270.76(a)(5) if the licensee has engaged in conduct which evidences a lack of ability, fitness or knowledge to apply principles or skills of the profession of occupational therapy.

(c)  When a person licensed to practice occupational therapy is also licensed in another jurisdiction and that other jurisdiction takes disciplinary action against the licensee, the North Carolina Board of Occupational Therapy may summarily impose the same or lesser disciplinary action upon receipt of the other jurisdiction’s actions.  The licensee may request a hearing.  At the hearing the issues shall be limited to:

(1)        whether the person against whom action was taken by the other jurisdiction and the North Carolina licensee are the same person;

(2)        whether the conduct found by the other jurisdiction also violates the North Carolina Occupational Therapy Practice Act; and

(3)        whether the sanction imposed by the other jurisdiction is lawful under North Carolina law.

 

.0305   CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

All occupational therapists and occupational therapy assistants are under a continuing duty to report to the Board within 30 days all:

(1)        convictions of, or pleas of guilty or no contest to, a felony or any crime, such as fraud, that involves moral turpitude; and

(2)        involvements in a civil suit arising out of or related to a licensee's practice of occupational therapy.

 

.0306   PROFESSIONAL CORPORATION (Repealed)

 

.0307   RENEWAL OF CERTIFICATE OF REGISTRATION (Repealed)

 

.0308   CODE OF ETHICS

Pursuant to N.C.G.S. 90-270.76(a)(2) the Board adopts by reference the Occupational Therapy Code of Ethics (2005) of the American Occupational Therapy Association, including subsequent amendments and editions.  Copies of the American Occupational Therapy Association Code of Ethics may be obtained online at http://www.aota.org at no cost.  To the extent the Occupational Therapy Code of Ethics might conflict with the North Carolina Occupational Therapy Practice Act or the Rules of the North Carolina Board of Occupational Therapy, the North Carolina Occupational Therapy Practice Act or the Rules of the North Carolina Board of Occupational Therapy shall take precedent.

  

SECTION .0400 ‑ GENERAL

 

.0401   CHANGE OF ADDRESS OR BUSINESS NAME

All licensees shall notify the Board in writing of each change of name, residence, trade name, business address, or mailing address, within ten days of such change.

 

.0402   ADVERTISING

In all advertisements relating to occupational therapy, the occupational therapist's or occupational therapy assistant's name and license number shall be given.  A licensee may not advertise under a name that is different from the licensee's surname unless written notice has been filed with the Board.  The licensee shall notify the Board of all certificates of assumed name filed with any county register of deeds in compliance with G.S. 66-68.

 

 

SECTION .0500 - RULES

 

.0501  PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES

(a)  General.  The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B.

(b)  Submission.  Rule-making petitions shall be sent to the Board.  No special form is required, but the petitioner shall state his name and address.  There are no minimum mandatory contents of a petition, but  the Board considers the following information to be pertinent:

(1)        a draft of any proposed rule or amendment to a rule;

(2)        the reason for the proposal;

(3)        the effect of the proposal on existing rules or decisions;

(4)        data supporting the proposed rule change;

(5)        practices likely to be affected by the proposed rule change;

(6)        persons likely to be affected by the proposed rule change.

(c)  Disposition.  The Board shall review the petition at its next regular meeting following receipt of the petition, and the Board shall render its decision to either deny the petition or initiate rule making. The Board shall notify the petitioner of its decision in writing within the 120-day period set by G.S. 150B.

 

.0502   PROCEDURE FOR ADOPTION OF RULES

(a)  General.  The procedure for the adoption, amendment or repeal of a rule is governed by G.S. 150B.

(b)  Notice of Rule-Making.  Any person who wishes to receive individual notice shall file a written request with the Board and shall be responsible for the cost of mailing said notice.

(c)  Public Hearing.  Any public rule-making hearing required by G.S. 150B shall be conducted by the Chairman of the Board or by any person he may designate.  The presiding officer shall have complete control of the hearing and shall conduct the hearing so as to provide a reasonable opportunity for any interested person to present views, data and comments.  Oral presentations shall not exceed 15 minutes.  Written presentations shall be acknowledged by the presiding officer and shall be given the same consideration as oral presentations.

 

.0503  TEMPORARY RULINGS

The power of the Board to adopt temporary rules and the procedure by which such rules are put into effect are governed by G.S. 150B.

 

.0504  DECLARATORY RULINGS

(a)  General.  The issuance of declaratory rulings by the Board is governed by G.S. 150B.

(b)  Contents of Request.  A request for a declaratory ruling shall be in writing and addressed to the Board.  The request shall contain the following information:

(1)        The name and address of the person making the request;

(2)        The statute or rule to which the request relates;

(3)        A concise statement of the manner in which the person has been aggrieved by the statute or rule; and

(4)        A statement as to whether a hearing is desired, and if desired, the reason  therefore.

(c)  Refusal to Issue Ruling. The Board shall ordinarily refuse to issue a declaratory ruling under the following circumstances:

(1)        When the Board has already made a controlling decision on substantially similar facts in a contested case;

(2)        When  the facts  underlying the  request for a ruling on a rule were specifically considered at the time of the adoption of the rule in question; and

(3)        When the subject matter of the request is involved in pending litigation in North Carolina.

 

 

SECTION .0600 - ADMINISTRATIVE HEARING PROCEDURES

 

.0601  APPLICABLE HEARING RULES

When the Board elects to have the Office of Administrative Hearings hear a contested case, the Board’s rules pertaining to contested case hearings, instead of the rules of the Office of Administrative Hearings, shall apply.

 

.0602  RIGHT TO HEARING

When the Board acts or proposes to act, other than in rule-making or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable person, such person has the right to an administrative hearing.  When the Board proposes to act in such a manner, it shall give all such affected persons notice of their right to a hearing by mailing to them, by certified mail, at their last known address a notice of the proposed action and a notice of a right to a hearing.

 

.0603  REQUEST FOR HEARING

(a)  Any time an individual believes that individual*s rights, duties, or privileges have been affected by the Board*s administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal request for a hearing.

(b)  Before an individual may file a request, that individual is encouraged to exhaust all reasonable efforts to resolve the issue informally with the Board.

(c)  Subsequent to such informal action, if still dissatisfied, the individual should submit a request to the Board*s office, with the request bearing the notation: “REQUEST FOR ADMINISTRATIVE HEARING”. The request should contain the following information:

            (1)        name and address of the petitioner;

            (2)        a concise statement of the action taken by the Board which is challenged;

            (3)        a concise statement of  the way in which the petitioner has been aggrieved; and

            (4)        clear and specific statement of request for a hearing.

(d)  The request will be acknowledged promptly and, if deemed appropriate by the Board in accordance with 21 NCAC 38 Rule .0604, a hearing will be scheduled.

 

.0604  GRANTING OR DENYING HEARING REQUEST

(a)  The Board will grant a request for hearing if it determines that the party requesting the hearing is a “person aggrieved” within the meaning of G.S. 150B.

(b)  The denial of a request for a hearing will be issued immediately upon decision, and in no case later than 60 days after the submission of the reasons leading the Board to deny the request.

(c)  Approval of a request for a hearing will be signified by issuing a notice as required by G.S. 150B and explained in Rule .0605 of this Section.

 

.0605  NOTICE OF HEARING

(a)  The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing.  Said notice shall contain the following information, in addition to the items specified in G.S. 150B:

            (1)        the name, position, address, and telephone number of a person at the offices of the Board to contact for further information or discussion;

            (2)        the date, time and place for a pre-hearing conference, if any; and

            (3)        any other information deemed relevant to informing the parties as to the procedure of the hearing.

(b)  If the Board determines that the public health, safety or welfare requires such action, it may issue an order summarily suspending a license.  Upon service of the order, the licensee to whom the order is directed shall immediately cease the practice of occupational therapy in North Carolina.  The Board shall promptly give notice of hearing pursuant to G.S. 150B following service of the order.  The suspension shall remain in effect pending issuance by the Board of a final agency decision pursuant to G.S. 150B.

 

.0606  WHO SHALL HEAR CONTESTED CASES

All administrative hearings will be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B.

 

.0607  INFORMAL PROCEDURES

The Board and the other party or parties may agree in advance to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of certain proposed evidence; accepting the findings in some other case with relevance to the case at hand; or agreeing to such matters as may expedite the hearing.

 

.0608  PETITION FOR INTERVENTION

(a)  A person desiring to intervene in a contested case must file a written petition with the Board’s office.  The request should bear the notation: “PETITION TO INTERVENE IN THE CASE OF (name of case)”.

(b)  The petition must include the following information:

(1)        the name and address of petitioner;

(2)        the business or occupation of petitioner, where relevant;

(3)        a full identification of the hearing in which petitioner is seeking to intervene;

(4)        the statutory or non-statutory grounds for intervention;

(5)        any claim or defense in respect of which intervention is sought; and

(6)        a summary of the arguments or evidence petitioner seeks to present.

(c)  If the Board determines to allow intervention, notice of that decision will be issued promptly to all parties, and to the petitioner.  In cases of discretionary intervention, such notification will include a statement of any limitations of time, subject matter, evidence or whatever else is deemed necessary which are imposed on the intervenor.

(d)  If the Board’s decision is to deny intervention, the petitioner will be notified promptly.  Such notice will be in writing, identifying the reasons for the denial, and will be issued to the petitioner and all parties.

 

.0609  TYPES OF INTERVENTION

(a)  Intervention of Right.  A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely.

(b)  Permissive Intervention. A petition to intervene permissively, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the Board determines that:

(1)        There is sufficient legal or factual similarity between the petitioner*s claimed rights, privileges, or duties and those of the parties to the hearings; and

(2)        Permitting intervention by the petitioner as a party would aid the purpose of the hearing.

(c)  Discretionary Intervention. The Board may allow discretionary intervention, with whatever limits and restrictions are deemed appropriate.

 

.0610  DISQUALIFICATION OF BOARD MEMBERS

(a)  Self-disqualification.  If for any reason a Board member determines that personal bias or other factors render that member unable to hear a contested case and perform all duties in an impartial manner, that Board member shall voluntarily decline to participate in the hearing or decision.

(b)  Petition for Disqualification.  If for any reason any party in a contested case believes that a Board member is personally biased or otherwise unable to hear a contested case and perform all duties in an impartial manner, the party may file a sworn, notarized affidavit with the Board.  The title of such affidavit should bear the notation: “AFFIDAVIT OF DISQUALIFICATION OF BOARD MEMBER IN THE CASE OF (name of case)”.

(c)  Contents of Affidavit.  The affidavit must state all facts the party deems to be relevant to the disqualification of the Board member.

(d)  Timeliness and Effect of Affidavit.  An affidavit of disqualification will be considered timely if filed ten days before commencement of the hearing.  Any other affidavit will be considered timely provided it is filed at the first opportunity after the party becomes aware of facts which give rise to a reasonable belief that a Board member may be disqualified under this Rule.

 

Where a petition for disqualification is filed less than ten days before a hearing or during the course of a hearing, the hearing shall continue with the challenged Board member sitting.  Petitioner shall have the opportunity to present evidence supporting his petition, and the petition and any evidence relative thereto presented at the hearing shall be made a part of the record.  The Board, before rendering its decision, shall decide whether the evidence justifies disqualification.  In the event of disqualification, the disqualified member will not participate in further deliberation or decision of the case.

(e)  Procedure for Determining Disqualification:

(1)        The Board will appoint a Board member to investigate the allegations of the affidavit.

(2)        The investigator will report to the Board the findings of the investigation.

(3)        The Board shall decide whether to disqualify the challenged individual.

(4)        The person whose disqualification is to be determined will not participate in the decision but may be called upon to furnish information to the other members of the Board.

(5)        When a Board member is disqualified prior to the commencement of the hearing or after the hearing has begun, such hearing will continue with the remaining members sitting provided that the remaining members still constitute a majority of the Board.

(6)        If four or more members of the Board are disqualified pursuant to this Rule, the Board shall petition the Office of Administrative Hearings to appoint an administrative law judge to hear the contested case pursuant to G.S. 150B.

 

.0611  SUBPOENAS

(a)  Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board, shall identify any document sought with specificity, and shall include the full name and home or business address of all persons to be subpoenaed and, if known, the date, time, and place for responding to the subpoena.  The Board shall issue the requested subpoenas within three days of receipt of the request.

(b)  Subpoenas shall contain: the caption of the case, the name and address of  the person subpoenaed; the date, hour and location of the hearing in which the witness is commanded to appear; a particularized  description of the books, papers, records or objects the witness is directed to bring with him to the hearing, if any; the identity of the party on whose application the subpoena was issued; the date of issue; the signature of the presiding officer or his designee; and a “return of service”.  The “return of service” form, as filled out, shows the name and capacity of the person serving the subpoena, the date on which the subpoena was delivered to the person directed to make service, the date on which service was made, the person on whom service was made, the manner in which service was made, and the signature of the person making service.

(c)  Subpoenas shall be served by the sheriff of the county in which the person subpoenaed resides, when the party requesting such subpoena prepays the sheriff*s service fee.  The subpoena shall be issued in duplicate, with a “return of service” form attached to each copy.  A person  serving the subpoena shall fill out the “return of service” form for each copy and properly return one copy of the subpoena, with the attached “return of service” form completed, to the Board.

(d)  Any person receiving a subpoena from the Board may object thereto by filing a written objection to the subpoena with the Board*s office.  Such objection shall include a concise, but complete, statement of reasons why the subpoena should be revoked or modified.  These reasons may include lack of relevancy of the evidence sought, or any other reason sufficient in law for holding the subpoena invalid, such as that the evidence is privileged, that appearance or production would be so disruptive as to be unreasonable in light of the significance of the evidence sought, or other undue hardship.

(e)  Any objection to a subpoena must be served on the party who requested the subpoena simultaneously with the filing of the objection with the Board.

(f)  The party who requested the subpoena, in such time as may be granted, by the Board, may file a written response to the objection. The written response shall be served by the requesting party on the objecting witness simultaneously with filing the response with the Board.

(g)  After receipt of the objection and response thereto, if any, the Board shall issue a notice to the party who requested the subpoena and the party challenging the subpoena, and may notify any other party or parties of an open hearing, to be scheduled as soon as practicable, at which evidence and testimony may be presented, limited to the narrow questions raised by the objection and response.

(h)  Promptly after the close of such hearing, the majority of the Board members hearing the contested case will rule on the challenge and issue a written decision.  A copy of the decision will be issued to all parties and made a part of the record.

 

.0612  WITNESSES

Any party may be a witness and may present witnesses on the party*s behalf at the hearing.  All oral testimony at the hearing shall be under oath or affirmation and shall be recorded.  At the request of a party or upon the Board*s own motion, the presiding officer may exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses.

 

.0613  FINAL DECISION

In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing.  This decision will be the prerequisite “final agency decision” for the right to judicial review.

 

.0614  PROPOSALS FOR DECISION

(a)  When an administrative law judge conducts a hearing pursuant to G.S.150B, a “proposal for decision” shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 3.0026.  The parties may file written exceptions to this “proposal for decision” and submit their own proposed findings of fact and conclusions of law.  The exceptions and alternative proposals must be filed within ten days after the party has received the “proposal for decision” as drafted by the administrative law judge.

(b)  Any exceptions to the procedure during the hearing, the handling of the hearing by the administrative law judge, rulings on evidence, or any other matter must be written and refer specifically to pages of the record or otherwise precisely identify the occurrence to which exception is taken.  The exceptions must be filed with the Board within ten days of the receipt of the proposal for decision.  The written exceptions should bear the notation: “EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of case)”.

(c)  Any party may present oral argument to the Board upon request.  The request must be included with the written exceptions.

(d)  Upon receipt of request for further oral argument, notice will be issued promptly to all parties designating the time and place for such oral argument.

(e)  Giving due consideration to the proposal for decision and the exceptions and arguments of the parties, the Board may adopt the “proposal for decision” or may modify it as the Board deems necessary.  The decision rendered will be a part of the record and a copy thereof given to all parties.  The decision as adopted or modified becomes the “final agency decision” for the right to judicial review.  Said decision will be rendered by the Board within 60 days of the next regularly scheduled meeting following the oral arguments, if any. If there are no oral arguments presented, the decision will be rendered within 60 days of the next regularly scheduled Board meeting following receipt of the written exceptions.

 

 

SECTION .0700 ‑ PROFESSIONAL CORPORATIONS

 

.0701   AUTHORITY AND DEFINITIONS

As used in this Section:

(1)        "Administrator" means the administrator of the North Carolina Board of Occupational Therapy.

(2)        "Board" means the North Carolina Board of Occupational Therapy.

(3)        "Legal Counsel" means the legal counsel to the North Carolina Board of Occupational Therapy.

(4)        "Licensee" means any individual who is duly licensed to practice occupational therapy in North Carolina as an occupational therapist or occupational therapy assistant.

(5)        "Occupational therapy related services" means those activities through which occupational therapy, as defined in G.S. 90-270.67(4), is practiced.

(6)        "Professional Corporation" means professional corporations organized for the purpose of providing occupational therapy related services in North Carolina.

 

.0702   PREREQUISITES FOR INCORPORATION

The following requirements must be met in order to incorporate:

(1)        The incorporator, whether one or more, of a professional corporation shall be licensed to practice occupational therapy in North Carolina as an occupational therapist.

(2)        Before the filing of the articles of incorporation with the Secretary of State, the incorporators shall file with the administrator of the Board a copy of the original articles of incorporation, together with a registration fee of fifty dollars ($50.00).

(3)        The copy of the articles of incorporation shall be accompanied by an application to the Board (Corp. Form 01) certified by all incorporators, setting forth the names, addresses and N.C. license numbers of each shareholder of the corporation who will be practicing occupational therapy for the corporation.

(4)        Included with the articles of incorporation shall be a statement that all such persons are licensed to practice occupational therapy in North Carolina as occupational therapists, and stating that the corporation will be conducted in compliance with the Professional Corporation Act and the rules of this Section.

(5)        If the articles are changed in any manner before being filed with the Secretary of State, they shall be resubmitted to the administrator of the Board and shall not be filed until approved by the administrator of the Board.

 

.0703   CERTIFICATE OF REGISTRATION

The Certificate of Registration shall be issued as follows:

(1)        The legal counsel or administrator shall issue a Certificate of Registration (Corp. Form 02) for the professional corporation to become effective only when the professional corporation files the articles of incorporation with the Secretary of State and if:

(a)        the legal counsel or administrator of the Board finds that no disciplinary action is pending before the Board against any of the licensed incorporators or persons who will be directors, officers, or shareholders of such corporation; and

(b)        it appears to the legal counsel or administrator that such corporation will be conducted in compliance with the law and rules.

(2)        The proposed original articles of incorporation, and the Certificate of Registration, shall be returned to the incorporators for filing with the Secretary of State.  The copy of the articles and a copy of the certification shall be retained in the administrative offices of the Board.  If the required findings cannot be made, the registration fee shall be refunded to the incorporators.

(3)        The initial Certificate of Registration shall remain in effect until June 30 of the year in which it was issued unless suspended or terminated as provided by law.  The Certificate of Registration shall be renewed annually thereafter.

(4)        Prior to the date of expiration of the certificate, the corporation shall submit its written application for renewal upon a form as provided by the Board.  The application shall be accompanied by check in the amount of twenty-five dollars ($25.00) in payment of the renewal fee.  The Board shall renew the certificate provided that the Board finds that the corporation has followed the law and the rules of the Board.

(5)        If the corporation does not apply for renewal of its Certificate of Registration within 30 days after the date of its expiration, the Certificate of Registration shall be automatically suspended.  Upon suspension of the Certificate of Registration, the legal counsel or the administrator of the Board shall notify the Secretary of State in writing.

(6)        The Certificate of Registration may be reinstated within the fiscal year upon payment of the renewal fee plus a late renewal fee of ten ($10.00), if such corporation is then otherwise qualified and entitled to a renewal of its Certificate of Registration.

 

.0704   GENERAL AND ADMINISTRATIVE PROVISIONS

(a)  If the legal counsel or administrator shall decline to issue a Certificate of Registration required by 21 NCAC 38 .0703(1), or decline to renew the same when requested, or shall refuse to take any other action required of him/her in writing by a professional corporation, the aggrieved party may request, in writing, a review of such action by the Board, and the Board shall provide a formal hearing for such aggrieved party before a majority of the Board.

(b)  All amendments to charters of professional corporations, all merger and consolidation agreements to which a professional corporation is a party, and all dissolution proceedings and similar changes in the corporate structure of a professional corporation shall be filed with the legal counsel or administrator of the Board for approval before being filed with the Secretary of State.

(c)  The legal counsel or administrator may issue the certificate (Corp. Form 04) required by G.S. 55B-6 when stock is transferred in a professional corporation, and such certificate shall be permanently attached to the stub of the transferee’s certificate in the stock book of the professional corporation.

 

.0705   FORMS

The following forms may be secured from the office of the Board regarding professional corporations:

(1)        Regulations adopted by the Board relating to Professional Corporations whose purpose is providing occupational therapy related services;

(2)        Corp. Form 01 - Certificate of Incorporator(s) and Application for a Certificate of Registration for a Professional Corporation;

(3)        Corp. Form 02 - Certificate of Registration of a Professional Corporation for the Purpose of Providing Occupational Therapy Related Services;

(4)        Corp. Form 03 - Application for Renewal of Certificate of Registration; and

(5)        Corp. Form 04 - Certificate Authorizing Transfer of Stock in Professional Corporation Organized to Provide Occupational Therapy Related Services.

 

.0706   FEES

(a)  Initial issuance of a Certificate of Registration requires a fee of fifty dollars ($50.00).

(b)  Renewal of a Certificate of Registration requires a fee of twenty-five dollars ($25.00).

(c)  Late renewal of a Certificate of Registration requires an additional fee of ten dollars ($10.00).

 

 

SECTION .0800 – CONTINUING COMPETENCE ACTIVITY

 

.0801   CONTINUING COMPETENCE DEFINITIONS

As used in this Section:

(1)        "AOTA Approved Provider Program" refers to a voluntary process of review and approval of continuing education (CE) providers by the American Occupational Therapy Association (AOTA) based on criteria and guidelines that assess a provider's ability to develop and implement CE activities that are relevant to the practice of occupational therapy.

(2)        "Contact Hour" means a unit of measure for a continuing education activity.  One contact hour equals 60 minutes in a learning activity, excluding meals and breaks.  One contact hour equals one point.

(3)        "Continuing Competence" means a process in which an occupational therapist or an occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning skills, and ethical reasoning skills necessary to perform his or her professional responsibilities.

(4)        "Continuing Education" means structured educational experiences beyond entry-level academic degree work that are intended to provide advanced or enhanced knowledge in a particular area.

(5)        "Continuing Education Credit" means credit given for a formalized activity in the form of contact hours or continuing education units.

(6)        "Continuing Education Unit (CEU)" means a unit of measure for continuing education.  One CEU is defined as 10 contact hours of participation in a learning activity excluding meals and breaks.

(7)        "Peer Reviewed" means any written work that is blind reviewed by more than one person.

(8)        "Points" means an assigned unit of measure for each continuing competence activity as defined in Rule .0805 of this Section.

 

.0802   CONTINUING COMPETENCE REQUIREMENTS FOR LICENSURE

(a)  Licensed occupational therapists and occupational therapy assistants applying for license renewal shall document having earned a minimum of 15 points for approved continuing competence activities between July 1 of the preceding year and June 30 of the current year.  Documentation of each continuing competence activity shall comply with Rule .0805 of this Chapter.

(b)  For each renewal period, the licensee shall document completion of at least one contact hour of a qulaified activity for maintaining continuing competence related to ethics in the practice of occupational therapy that shall be included in the total points for the year.  Continuing competence activities in ethics shall be related to devloping the licensee's ability to reflect on, determine, and act on the moral aspects of practice as required by Rule .0308 of this Chapter.

(c)  Continuing competence contact hours exceeding the total needed for renewal shall not be carried forward to the next renewal period.

(d)  Continuing competence activities shall not include new employee orientation or annual training required by the employer.

(e)  Licensees shall not receive credit for the same continuing competence activity more than once during a renewal period.

 

.0803   APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

(a)  Provided that the activities are consistent with the provisions of rules in this Section, the Board shall grant pre-approval to:

(1)        Continuing competence activities sponsored or approved by the North Carolina Occupational Therapy Association,

(2)        Continuing competence activities sponsored or approved by the American Occupational Therapy Association,

(3)        Continuing competence activities sponsored by AOTA approved providers.

(b)  A provider who wishes to obtain Board approval of activities for maintaining continuing competence, consistent with Rule .0804 of this Section, shall submit to the Board, at least 90 days in advance of the program, the following:

(1)        course description;

(2)        learning outcomes;

(3)        target audience;

(4)        content focus;

(5)        agenda for the activity;

(6)        amount of contact hours;

(7)        qualifications for the presenter(s);

(8)        sample documentation for demonstrating satisfactory completion by course participants such as certificate of completion.

(c)  Upon review of the completed application, the Board shall notify the provider as to whether or not the program has been approved.

(d)  A provider of a continuing competence activity shall furnish documentation for demonstrating completion to all participants, specifying the following information:

(1)        name of the participant;

(2)        name of the provider;

(3)        dates of the activity and completion;

(4)        title and location of the activity;

(5)        number of contact hours; and

(6)        signature of the provider or representative.

 

.0804   SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

(a)  To be approved by the Board, activities must be related to roles and responsibilities in occupational therapy and must serve to protect the public by enhancing the licensee's continuing competence.

(b)  Subject matter for approved activities include research; theoretical or practical content related to the practice of occupational therapy; or the development, administration, supervision, and teaching of clinical practice or service delivery programs by occupational therapists or occupational therapy assistants.

 

.0805   QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

Activities that qualify for maintaining continuing competence are:

(1)        Continuing Education:

(a)        Includes attendance and participation at a live presentation such as a workshop, seminar, conference, or in-service educational program.  May also include participation in other continuing education activities that require a formal assessment of learning.  Examples include electronic or Web-based courses, AOTA Self-Paced Clinical Courses or other formalized self-study courses, or AOTA Continuing Education Articles;

(b)        A licensee may earn one point for each contact hour or equivalent unit that is awarded by the provider.  There are no maximum points in this category; and

(c)        Documentation shall include a certificate of completion or similar documentation including name of course, date, author/instructor, sponsoring organization, location, and number of hours attended.

(2)        Academic Coursework:

(a)        Includes participation in on-site or distance learning academic courses from a university, college, or vocational technical adult education course related to the practice of occupational therapy;

(b)        A licensee may earn one point for each contact hour, up to a maximum of six points;

(c)        A licensee enrolled in a graduate or post-graduate OT curriculum has no maximum points in this category; and

(d)        Documentation shall include an original official transcript indicating successful completion of the course, date, and a description of the course from the school catalogue or course syllabus.

(3)        Small Group Study:

(a)        Includes review and discussion of journal articles, clinical videotapes or audiotapes by at least two licensed practitioners;

(b)        A licensee may earn one point for one hour spent in an independent study activity, up to a maximum of three points; and

(c)        Documentation shall include title, author, publisher, time spent, and date of completion.  Licensee must complete the Small Group Study Form provided by the NCBOT and include a statement that describes how the activity relates to a licensee's current or anticipated roles and responsibilities.

(4)        Mentorship Agreement:

(a)        Participation as a Mentee;

(i)         Participation in a formalized mentorship agreement with a mentor as defined by a signed contract between the mentor and mentee that outlines specific goals and objectives and designates the plan of activities that are to be met by the mentee.  These activities must be related to the development of new occupational therapy skills outside current required job performance;

(ii)        A licensee may earn one point for each four hours spent in activities directly related to achievement of goals and objectives up to a maximum of five points; and

(iii)       Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(b)        Participation as Mentor:

(i)         Participation in a formalized mentorship agreement with a mentee as defined by a signed contract between the mentor and mentee that designates the responsibilities of the mentor and specific goals and objectives that are to be met by the mentee.  These activities must be related to the development of new occupational therapy skills for the mentee that are outside current required job performance;

(ii)        A licensee may earn one point for each four hours spent in mentorship activities as a mentor up to a maximum of five points; and

(iii)       Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(5)        Fieldwork Supervision:

(a)        Participation as the primary clinical fieldwork educator for Level I or Level II OT or OTA fieldwork students;

(b)        A licensee may earn one-half point for each 40 hours of fieldwork, up to a maximum of six points;

(c)        Documentation shall include verification provided by the school to the fieldwork educator with the name of student, school, and dates of fieldwork or the signature page of the completed student evaluation form.  Evaluation scores and comments shall be deleted or blocked out; and

(d)        If fieldwork spans two licensure years, credit shall be given only for the year it is completed.

(6)        Professional Writing:

(a)        Publication of a peer-reviewed book, chapter, article or contracted review of occupational therapy resource material;

(b)        During the year written, edited or reviewed a licensee may earn;

(i)         15 points as author of a book;

(ii)        10 points as author of a chapter;

(iii)       Five points as author of a peer-reviewed article;

(iv)       Five points as a contracted reviewer of a print or multimedia occupational therapy resource; or

(v)        10 points as listed editor of a book.

(c)        Documentation shall consist of full reference for publication including title, author, editor, and date of publication; or copy of acceptance letter, if not yet published; and

(d)        Credit for submitted items shall be given for one licensure period only.

(7)        Presentation and Instruction:

(a)        Presentation of an academic course or peer-reviewed or non peer-reviewed workshop, seminar, in-service, electronic or Web-based course for the first time or for which more than 50% of the material has been revised;

(b)        A licensee may earn two points for each one hour of credit that is awarded for an activity, up to a maximum of six points; and

(c)        Documentation shall include a copy of official program, schedule, or syllabus including presentation title, date, hours of presentation, and type of audience or verification of such, signed by the sponsor.

(8)        Professional Meetings and Activities:

(a)        Consistent with Rule .0804 of this Section, participation in board or committee work with agencies or organizations to promote and enhance the practice of occupational therapy;

(b)        A licensee may earn one point for five hours or two points for 10 or more hours for participation on committees or boards; and

(c)        Documentation must include name of committee or board, name of agency or organization, purpose of service, and description of licensee's role.  Participation and hours must be validated by an officer or representative of the organization or committee.

(9)        Board Certification or Specialty Certification:

(a)        The Board shall recognize completion of activities that result in board certification or specialty certification by AOTA during the current licensure period;

(b)        A licensee may earn 15 points for each board certification or specialty certification credential earned or re-certified during the current licensure period; and

(c)        Documentation shall include certificate of completion or other documentation from the recognized certifying body that identifies satisfactory completion of requirements for obtaining board certification or specialty certification.

(10)      Research and Grants:

(a)        Development of or participation in a research project or grant proposal;

(b)        A licensee may earn one point for each three hours spent working on a research project or grant proposal, up to a maximum of five points; and

(c)        Documentation includes verification from the primary investigator indicating the name of the research project, dates of participation, major hypotheses or objectives of the project, and licensee's role in the project or name of grant proposal, name of grant source, purpose and objectives of the project, and verification from the grant author regarding licensee's role in the development of the grant if not the author.

 

.0806   WAIVER OF REQUIREMENTS

The Board shall waive all or part of the continuing competence activity requirements of this Section if an occupational therapist or occupational therapy assistant submits written request for a waiver and provides evidence to the satisfaction of the Board of an illness, injury, financial hardship, family hardship, or other similar extenuating circumstance which precluded the individual's completion of the requirements.  The Board shall add the unfulfilled continuing competence hours to the following year's requirements.

 

.0807   DOCUMENTATION/REPORTING PROCEDURES

(a)  Licensees shall maintain the required proof of completion for each continuing competence activity as specified in the rules of this Section.  The required documentation shall be retained by the licensee for two years following the last day of the license renewal period for which the continuing competence activities were earned.

(b)  Licensees shall not send their continuing competence activity documentation to the Board unless audited or otherwise requested by the Board.

 

.0808   AUDIT OF CONTINUING COMPETENCE ACTIVITIES

(a)  The Board shall perform a random audit of licensees' continuing competence activity requirements at least once during each licensing period.

(b)  A licensee who is audited shall provide proof of completion of the continuing competency activities.

(c)  A licensee who fails to comply with the continuing competence activity requirements of this Section shall be subject to disciplinary action that may include suspension or revocation of license.

 

 

Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPISTs AND OCCUPATIONAL THERAPY ASSISTANTS

 

.0901   NOTIFICATION OF SUPERVISION CHANGE

Occupational therapy assistants and supervising occupational therapists must notify the Board office in writing of any change in ceasing or assuming supervision.  The occupational therapist is responsible for supervision of the occupational therapy assistant until official notice that supervision has ceased is received at the Board office.  Failure to notify the Board may subject both the occupational therapist and occupational therapy assistant to disciplinary action.  Notices must be signed.  Telephone or email notices shall not be accepted.

 

.0902   Supervision is an interactive process.

The occupational therapist and the occupational therapy assistant are each responsible for supervision to ensure safe and effective service delivery of occupational therapy services and to foster professional competence and development.  The supervising occupational therapist shall provide supervision.  The occupational therapy assistant shall obtain supervision. Evidence of supervision must be recorded on a supervisory log or in the documentation.

 

.0903   Types of supervision

Occupational therapy assistants at all levels require supervision by an occupational therapist.  The specific frequency, methods, and content of supervision may vary by practice setting and are dependent on the complexity of client needs, number and diversity of clients, demonstrated service competency of the occupational therapist and the occupational therapy assistant, type of practice setting, requirements of the practice setting, and other regulatory requirements.  Based on this the following apply:

(1)        Occupational therapy assistants with less than one year experience and occupational therapy assistants new to a particular practice setting require close supervision;

(2)        Occupational therapy assistants with more than one year of experience require general supervision; and

(3)        Supervision that is more frequent than the minimum level required by the practice setting or regulatory agencies is necessary when the needs of the client and the occupational therapy process are complex and changing, the practice setting provides occupational therapy services to a large number of clients with diverse needs, or the occupational therapist and occupational therapy assistant determine that additional supervision is necessary to ensure safe and effective delivery of occupational therapy services.

 

.0904   DOCUMENTATION OF SUPERVISION

(a)  Documentation of supervision is the responsibility of both the occupational therapist and occupational therapy assistant.  Documentation must include the frequency of supervisory contact, method(s) or type(s) of supervision, content areas addressed, and names and credentials of the persons participating in the supervisory process.

(b)  Supervision must reflect a review of all aspects of the occupational therapy assistant's practice.  In any situation, the occupational therapist is ultimately responsible for all delegated services.  Co-signature on occupational therapy service documentation, even if mandated by statute or rule, does not accurately satisfy supervision requirements.

(c)  Effectiveness of the supervision shall be regularly evaluated by both the occupational therapist and the occupational therapy assistant.

 

.0905   DELINEATION OF CLINICAL RESPONSIBILITIES

Regardless of the setting in which occupational therapy services are delivered, the occupational therapist and the occupational therapy assistant have the following responsibilities during evaluation, intervention, and outcomes evaluation:

(1)        Evaluations:

(a)        The occupational therapist shall;

(i)         Direct the evaluation process;

(ii)        Determine the need for services;

(iii)       Define the problems within the domain of occupational therapy that need to be addressed;

(iv)       Determine the client's goals and priorities in collaboration with the occupational therapy assistant and the client or caregiver;

(v)        Interpret the information provided by the occupational therapy assistant and integrate that information into the evaluation decision-making process;

(vi)       Establish intervention priorities;

(vii)      Determine specific future assessment needs;

(viii)      Determine specific assessment tasks that can be delegated to the occupational therapy assistant; and

(ix)       Initiate and complete the evaluation, interpret the data, and develop the intervention plan in collaboration with the occupational therapy assistant.

(b)        The occupational therapy assistant may contribute to the evaluation process by implementing specifically delegated assessments for which service competency has been established.

(2)        Intervention Planning:

(a)        The occupational therapist shall develop the occupational therapy intervention plan.  The plan shall be developed collaboratively with the occupational therapy assistant and the client or caregiver; and

(b)        The occupational therapy assistant may provide input into the intervention plan.

(3)        Intervention implementation:

(a)        The occupational therapist:

(i)     Is responsible for implementing the occupational therapy intervention;

(ii)   May delegate aspects of the occupational therapy intervention to the occupational therapy assistant depending on the occupational therapy assistant's service competency; and

(iii)   Is responsible for supervising all aspects of intervention delegated to the occupational therapy assistant.

(b)        The occupational therapy assistant shall implement delegated aspects of intervention in which the occupational therapy assistant has established service competency; and

(c)        Occupational therapists or occupational therapy assistants shall not be subject to disciplinary action by the Board for refusing to delegate or refusing to provide the required training for delegation, if the occupational therapist or occupational therapy assistant determines that delegation may compromise client safety.

(4)        Intervention; review:

(a)        The occupational therapist shall meet with each client who has been assigned to an occupational therapy assistant, to further assess the client, evaluate intervention, and, if necessary, to modify the individual's intervention plan.  The occupational therapy assistant may be present at this meeting.

(b)        The occupational therapist shall determine the need for continuing or discontinuing services; and

(c)        The occupational therapy assistant shall contribute to the process of determining continuing or discontinuing services by providing information about the client's response to intervention to assist with the occupational therapist's decision making.

(5)        Documentation:

(a)     The occupational therapy practitioner shall document each evaluation, intervention and discharge plan recognizing the unique requirements of specific practice settings, payors, and service delivery models.  Documentation shall include the following elements:

(i)         Client name or identifiable information

(ii)         Signature with occupational therapist or occupational therapy practioner who performed the service;

(iii)         Date of the evaluation, intervention or disharge plan;

(iv)         Objective and measurable description of contact or intervention and client response; and

(b)    The occupational therapist shall determine the overall completion of the evaluation, intervention, or discharge plan; and

(b)    The occupational therapist shall;

(i)         Document intervention, intervention response and outcome; and

(ii)        Document client's level of function at discharge.

(6)        Discharge:

(a)        The occupational therapist shall determine the client's discharge from occupational therapy services; and

(b)        The occupational therapy assistant;

(i)         Reports data for discharge summary; and

(ii)        Formulates discharge and/or follow-up plans under the supervision of the occupational therapist.

(7)        Outcome evaluation:

(a)        The occupational therapist is responsible for the selection, measurement, and interpretation of outcomes that are related to the client's ability to engage in occupations; and

(b)        The occupational therapy assistant must be knowledgeable about the client's targeted occupational therapy outcome and provide information relating to outcome achievement.

(8)        Supervision of occupational therapy students:

(a)        An occupational therapy practitioner shall comply with Accreditation Council for Occupational Therapy Education (ACOTE) requirements for experience when supervising Level II fieldwork occupational therapist and occupational therapy assistant students, which ACOTE requirements, including subsequent amendments and editions, are incorporated by reference.  Copies of the incorporated material are available for inspection at the Board office and are available for purchase for five dollars ($5.00);

(b)        The occupational therapist may supervise Level I and Level II fieldwork occupational therapist and occupational therapy assistant students; and

(c)        The occupational therapy assistant may:

(i)         Supervise Level I occupational therapist or occupational therapy assistant students;

(ii)        Supervise Level II occupational therapy assistant students; and

(iii)       Participate in the supervision of Level II occupational therapist students under the direction and guidance of the supervising occupational therapist.

(9)        Supervision of unlicensed personnel and volunteers.  Unlicensed personnel or volunteers may be supervised by occupational therapists or occupational therapy assistants.

 

SECTION .1000 – (REPEALED)

 

section .1100 – supervision of unlicensed personnel

 

.1101   RESPONSIBILITY OF THE OCCUPATIONAL THERAPY PRACTITIONER

(a)  The occupational therapy practitioner is responsible for the quality of all occupational therapy services provided to the client by persons under the practitioner's supervision. It is the occupational therapy practitioner who provides skilled occupational therapy services through the exercise of professional judgment.

(b)  The occupational therapy practitioner shall provide and review these Rules with each unlicensed person under the practitioner's supervision.

 

.1102   DELEGATION OF DUTIES TO UNLICENSED PERSONNEL

(a)  Unlicensed personnel do not provide skilled occupational therapy services.  Unlicensed Personnel are trained by an occupational therapist or occupational therapy assistant to perform specifically delegated tasks.  The occupational therapist is responsible for the overall use and actions of the unlicensed personnel.  Unlicensed personnel first must demonstrate competency to be able to perform the assigned, delegated client and non-client related tasks.

(b)  The occupational therapist must oversee the development, documentation, and implementation of a plan to supervise and routinely assess the ability of the unlicensed personnel to carry out client and non-client related tasks.  The occupational therapy assistant may contribute to the development and documentation of this plan.

(c)  The occupational therapy assistant may supervise unlicensed personnel.

(d)  Non-client related tasks include clerical and maintenance activities and preparation of the work area or equipment.

(e)  Client-related tasks are routine tasks during which the unlicensed personnel may interact with the client but does not provide skilled occupational therapy services.  The following factors must be present when an occupational therapist or occupational therapy assistant delegates a selected client-related task to the unlicensed personnel;

(1)        The outcome anticipated for the delegated task is predictable;

(2)        The situation of the client and environment is stable and will not require the judgment interpretation, or adaptations be made by the unlicensed personnel;

(3)        The client has demonstrated some previous performance ability in executing the task; and

(4)        The task routine and process have been established.

(f)  When performing delegated client-related tasks the supervisor must ensure that the unlicensed personnel;

(1)        is trained and able to demonstrate competency in carrying out the selected task and using equipment, if appropriate;

(2)        has been instructed on how to specifically carry out the delegated task with the specific client, and

(3)        knows the precautions, signs and symptoms for the particular client that would indicated the need to seek assistance for the occupational therapist or occupational therapy assistant.

(g)  The supervision of the unlicensed personnel must be documented and include;

(1)        information about frequency and methods of supervision used;

(2)        the content of supervision; and

(3)        the names and credentials of all persons participating in the supervisory process.

(h)  Occupational therapy practitioners shall not allow employer or work place pressures to result in the prohibited use of unlicensed personnel.

(i)  Services provided by unlicensed personnel may not be billed, charged, or identified as "occupational therap