PRACTICE ACT
CHAPTER 90
ARTICLE 18D
90-270.65 TITLE
90-270.66
DECLARATION OF PURPOSE
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
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.
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
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
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
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
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
(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.
Rules
of the
of
Occupational Therapy
21
NCAC 38
SECTION .0100 ‑
ORGANIZATION AND GENERAL PROVISIONS.............................. 14
.0101 PURPOSE
.0102 BOARD OFFICE
.0103 DEFINITIONS
.0104 (REPEALED)
SECTION .0200 ‑
APPLICATION FOR LICENSE............................................................... 17
.0201 APPLICATION
PROCESS
.0202 (REPEALED)
.0203
INTERVIEWS
.0204 FEES
SECTION .0300 – LICENSING................................................................................................ 18
.0301 LICENSE
NUMBER: DISPLAY OF LICENSE AND IDENTIFICATION BADGE
.0302 LICENSE
RENEWAL
.0303 (REPEALED)
.0304 GROUNDS
FOR LICENSE DENIAL OR DISCIPLINE
.0305
CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS
.0306 (REPEALED)
.0307 (REPEALED)
.0308
CODE OF ETHICS
SECTION .0400 – GENERAL.................................................................................................. 21
.0401 CHANGE
OF ADDRESS OR BUSINESS NAME
.0402
ADVERTISING
.0501 PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES
.0502 PROCEDURE FOR ADOPTION OF RULES
.0503 TEMPORARY RULINGS
.0504 DECLARATORY RULINGS
.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...................................................... 27
.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........................................ 30
.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 ........................................................................................................................................... 35
.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............................... 39
.1101 RESPONSIBILITY OF THE OCCUPATIONAL THERAPY
PRACTITIONER
.1102 DELEGATION OF DUTIES TO UNLICENSED PERSONNEL
North Carolina Administrative Code
Title 21 – Licensing Boards and Commissions
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:
Wells Fargo
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" (ADL) means self-care
activities.
(2) "Assessment" means the 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" (IADL)
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 that 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 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 or 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
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 means 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 occupational
therapy. Supervision is structured according to the supervisee's
qualifications, position, level of preparation, depth of experience and the
environment within which the supervisee functions. Levels of supervision are:
(a) "General supervision," which is required for all
occupational therapy assistants by an occupational therapist. It includes a
variety of types and methods of supervision and may include observation,
modeling, co-treatment, discussions, teaching, instruction, phone
conversations, videoconferencing, written correspondence, electronic exchanges,
and other telecommunication technology. Methods of observation include
face-to-face, synchronous or asynchronous videoconferencing. 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 federal and state regulatory requirements. General
supervision shall be required at least monthly; and
(b) "Direct supervision," which is required for all
unlicensed personnel and volunteers. It means the Occupational Therapy
supervisor must be within audible and visual range of the client and unlicensed
personnel and available for immediate physical intervention. Videoconferencing
is not allowed for direct supervision.
(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
(a) 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.
(b) Persons licensed under this Chapter shall be required to
comply with the provisions of G.S. 90-640.
(c) A licensed person shall be exempted from the requirement in Paragraph (b) of this Rule if such person notifies the Board in writing, at the address set forth in Rule .0102 of this Chapter, that the person's safety or some therapeutic concern requires that only a first name and level of licensure be displayed.
.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.
(e) Members of
the armed forces whose licenses are in good standing and to whom G.S. 105-249.2
grants an extension of time to file a tax return are granted that same
extension of time to pay the license renewal fee and to complete the continuing
competence activity requirement prescribed in Rule 21 NCAC 38 .0800. A copy of military orders or the extension
approval by the Internal Revenue Service must be furnished to the Board. If approved, continuing competence activity
points acquired during this extended time period shall not be utilized for
future renewal purposes.
.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;
class=WordSection3>(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
.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 petitioners 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
(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
.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
(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
(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" means 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.
(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 practice
reasoning skills necessary to perform his or her occupational therapy professional
responsibilities.
(4) "Continuing
Education" means structured educational experiences beyond academic degree
work that are intended to provide 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 set
forth 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 qualified 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 developing 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
completing the same continuing competence activity more than once during a
renewal period.
.0803
APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE
(a) Provided the activities meet the requirements
of Rule .0804, the Board shall approve:
(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; and
(3) Continuing competence activities sponsored by AOTA approved
providers.
(b) 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 that
qualify for maintaining continuing competence as set forth in Rule .0805 of
this Section must be related to the licensee’s current or anticipated roles and
responsibilities in occupational therapy 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.
(c) Documentation of completion of continuing
competence activities must be submitted to the Board as set forth in Rule .0805
of this Section.
.0805
QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE
Activities that qualify for
maintaining continuing competence shall include the following:
(1) Continuing
Education:
(a) Includes
attendance and participation at a live presentation such as a workshop,
seminar, conference, or in-service educational program and may include
participation in other continuing education activities that require an
assessment of learning. Examples of
continuing education 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 shall earn one point for each contact hour that is awarded by the
provider. There are no maximum points in
this category; and
(c) Documentation
shall include a certificate of completion 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 shall earn one point for each contact hour, up to a maximum of six
points, except that a licensee enrolled in a graduate or post-graduate OT
curriculum has no maximum points in this category; and
(c) Documentation shall include an original
official transcript indicating 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 shall earn one point for three contact hours 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 occupational therapy practitioner mentor and the
occupational therapy practitioner 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 shall earn one point for each 10 contact hours spent in activities
directly related to achievement of goals and objectives up to a maximum of two
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
(i) Participation
in a formalized mentorship agreement with an occupational therapy practitioner
or post Level II OT or OTA fieldwork student 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 occupational therapy skills for the mentee. The mentorship must not be part of the
mentor’s current required job responsibilities;
(ii) A
licensee shall 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 shall earn one-half point for each 20 hours of fieldwork, up to a
maximum of 12 points; points for Level I may not exceed six.
(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 shall 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 related to occupational therapy;
(b) A
licensee shall earn two points for each one contact hour 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) Includes
participation in board or committee work with agencies or organizations to
promote and enhance the practice of occupational therapy;
(b) A
licensee shall earn one point for five hours, up to a maximum of two points for
participation on committees or boards; and
(c) Documentation
must include name of committee or board, name of agency or organization,
purpose of service, description of licensee's role, and hours of participation must
be signed 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 shall 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 or recertification.
(10) Research
and Grants:
(a) Development
of or participation in a research project or grant proposal relevant to
occupational therapy;
(b) A
licensee shall 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 TY
(a) Occupational therapy assistants at all levels
shall require general supervision by an occupational therapist pursuant to Rule
.0103(21)(a) of this Chapter.
(b) Occupational therapy students shall require
supervision by an occupational therapy practitioner as follows:
(1) 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);
(2) The occupational therapist may supervise Level I and Level II
fieldwork occupational therapist and occupational therapy assistant students;
and
(3) The occupational therapy assistant may:
(A) Supervise Level I occupational therapist
or occupational therapy assistant students;
(B) Supervise Level II occupational therapy
assistant students; and
(C) Participate in the supervision of Level
II occupational therapist students under the direction and guidance of the
supervising occupational therapist.
(c) Unlicensed personnel and volunteers require
direct supervision. Unlicensed personnel or volunteers may be supervised by
occupational therapists or occupational therapy assistants.
.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 shall have the following
responsibilities during client evaluation, intervention, and outcome 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 assessments delegated by the occupational
therapist.
(2) Intervention Planning:
(a) The occupational therapist shall develop the occupational
therapy intervention plan. The plan may 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) Shall implement the occupational therapy intervention;
(ii) May delegate aspects of the occupational therapy intervention
to the occupational therapy assistant; and
(iii) Shall supervise 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 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 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, to evaluate intervention, and, if necessary, to modify the individual's
intervention plan;
(b) The occupational therapist shall determine the need for
continuing or discontinuing services; and
(c) The occupational therapy assistant may 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 requirements of
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
assistant designation of the occupational therapy practitioner who performed
the service;
(iii) Date of the evaluation, intervention, or
discharge plan;
(iv) Objective and measurable description of contact or
intervention and client response; and
(v) Length of time of intervention session or evaluation.
(b) The occupational therapist shall determine the overall
completion of the evaluation, intervention, or discharge plan; and
(c) The occupational therapy assistant 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 shall:
(i) Report data for discharge summary; and
(ii) Formulate discharge 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 duties delegated by the occupational therapist that relate to the
client's targeted occupational therapy outcome and provide information relating
to outcome achievement.
SECTION .1000 – LIMITED
PERMITS (REPEALED 11/1/2007)
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 therapy”.