News and Announcements for the North Carolina Occupational Therapy Board

October 29, 2018

Effective July 1, 2018, the Board amended Rules .0103, .0903 and .0905 to clarify supervision changes and Rule .0803 to clarify pre-approval of continuing competence activities.  You can view the amended rules by going to the Practice Act and Rules tab .

Febuary 6, 2018

Notice is hereby given in accordance with G.S. 150B-21.2 that the Board of Occupational Therapy intends to amend the rules cited as 21 NCAC 38 .0103, .0803, .0903, and .0905.

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

CHAPTER 38 – BOARD OF OCCUPATIONAL THERAPY

 

Link to agency website pursuant to G.S. 150B-19.1(c):  http://www.ncbot.org/OTpages/news_and_announcements.html

 

Proposed Effective Date:  July 1, 2018

 

Public Hearing:

Date:  March 19, 2018

Time:  11:00 a.m.

Location:  Wells Fargo Capital Center, 13th Floor Conference Room, 150 Fayetteville Street, Raleigh, NC 27601

 

Reason for Proposed Action:   The amendments to Rules .0103, .0903 and .0905 are being submitted to clarify supervision changes.  The amendment to Rule .0803 is being submitted to clarify continuing competence activity pre-approval requirements.

 

Comments may be submitted to:  Charles P. Wilkins, P.O. Box 2280, Raleigh, NC 27602; phone (919) 832-1380; email cwilkins@bws-law.com

 

Comment period ends:  April 16, 2018

 

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

 

Fiscal impact (check all that apply).

  • State funds affected

  •  Environmental permitting of DOT affected

  • Analysis submitted to Board of Transportation

  • Local funds affected

  • Substantial economic impact (≥$1,000,000)

  • Approved by OSBM

  • No fiscal note required by G.S. 150B-21.4

 

SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS

 

21 NCAC 38 .0103             DEFINITIONS

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

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

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

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

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

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

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

(7)           "Intervention" means treatment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xi)          Driver rehabilitation and community mobility;

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

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

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

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

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

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

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

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

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

(i)            observation for a minimum of 60 minutes of occupational therapy services provided by the occupational therapy assistant; and

(ii)           review of the occupational therapy assistant's entire caseload, observations and delegated services through direct or indirect contact.

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

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

 

History Note:        Authority G.S. 90‑270.67; 90‑270.69(4);

Eff. July 1, 1985;

Amended Eff. July 1, 2018; July 1, 2007; May 1, 1989; May 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

 

SECTION .0800 – CONTINUING COMPETENCE ACTIVITY

 

21 NCAC 38 .0803             APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

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

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

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

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

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

(1)           course description;

(2)           learning outcomes;

(3)           target audience;

(4)           content focus;

(5)           agenda for the activity;

(6)           amount of contact hours;

(7)           qualifications for the presenter(s);

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

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

(d)(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.

 

History Note:        Authority G.S. 90-270.69; 90-270.75(a);

Eff. July 1, 2007;

Amended Eff. July 1, 2018;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

 

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

 

21 NCAC 38 .0903             Types of supervision

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

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

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

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

 

History Note:        Authority G.S. 90-270.69;

Eff. July 1, 2007;

Amended Eff. July 1, 2018;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

 

21 NCAC 38 .0905             DELINEATION OF CLINICAL RESPONSIBILITIES

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

(1)           Evaluations:

(a)           The occupational therapist shall;

(i)            Direct the evaluation process;

(ii)           Determine the need for services;

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

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

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

(vi)          Establish intervention priorities;

(vii)         Determine specific future assessment needs;

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

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

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

(2)           Intervention Planning:

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

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

(3)           Intervention implementation:

(a)           The occupational therapist:

(i)            Shall implement the occupational therapy intervention;

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

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

(4)           Intervention review:

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

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

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

(5)           Documentation:

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

(i)            Client name or identifiable information;

(ii)           Signature with occupational therapist or occupational therapy 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 the client's targeted occupational therapy outcome and provide information relating to outcome achievement.

(8)           Supervision of occupational therapy students:

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

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

(c)           The occupational therapy assistant may:

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

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

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

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

 

History Note:        Authority G.S. 90-270.69;

Eff. July 1, 2007;

Amended Eff. July 1, 2018; December 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

 

 

November 23, 2015

Periodic Review of Rules:

 

House Bill 74, which was passed in the 2013 Session of the North Carolina Legislature, requires all state agencies, including occupational licensing Boards, to review the North Carolina Administrative Code (NCAC) (aka “rules”) every ten years.  In accordance with the bill, the Board has begun reviewing its rules, NCAC Title 21 – Occupational Licensing Boards and Commissions, Chapter 38 – Occupational Therapy.

 

The Board’s website, www.ncbot.org, includes a spreadsheet  that lists all the Board’s 52 rules and their corresponding determinations, as well as the full text of the 52 rules.

 

Click HERE to access the spreadsheet containing the 52 rules and their determinations.

Click HERE to access the full text of the existing rules.

 

“Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).  Public comments about the rules must be written with objection to a rule in whole or in part from any member of the public, including an association or other organization representing the regulated community or other members of the public. 

 

Comments may be sent via US Postal Service (USPS) or other delivery service (UPS, FedEx, etc.) and electronic submission including email.  All comments must be USPS postmarked, delivered or emailed as of January 23, 2016, to be accepted.

 

US Mail

North Carolina Board of Occupational Therapy

PO Box 2280

Raleigh, NC  27602

 

Delivery Service

North Carolina Board of Occupational Therapy

150 Fayetteville Street, Suite 1900

Raleigh, NC  27601

 

Email

administrator@ncbot.org, Subject:  Rules Review

 

If you have any questions regarding this process, please contact Elizabeth J. Kirk, Administrative Director of the Board at (919) 832-1380 ext. 0 or administrator@ncbot.org.

 

December 16, 2014

 

ANNOUNCEMENT BY THE NC BOARD OF OCCUPATIONAL THERAPY

 

PLEASE NOTE:  YOU ARE REQUIRED TO TAKE AT LEAST ONE HOUR OF ETHICS BETWEEN JUNE 1, 2014 AND JUNE 30, 2015 FOR YOUR 2015-2016 RENEWAL AND EACH RENEWAL THEREAFTER.  CONTINUING COMPETENCE ACTIVITIES ARE NOW REQUIRED TO BE TAKEN BETWEEN JULY 1 OF THE PRECEDING YEAR AND JUNE 30 OF THE RENEWAL YEAR.  FOR YOUR 2015-2016 RENEWAL, YOU WILL BE GIVEN A ONE-MONTH EXTENSION ON TAKING YOUR CONTINUING COMPETENCE ACTIVITIES SINCE THE NEW RULE CHANGE IS EFFECTIVE JANUARY 1, 2015.

 

PLEASE SEE RULE CHANGES, IN BOLD:

 

21 NCAC 38 .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.

 

July 16, 2014

 

Public hearing to discuss North Carolina Board of Occupational Therapy rule change

 

The North Carolina Board of Occupational Therapy will be holding a public hearing to discuss one (1) change to the Rules of the Board.  This hearing is mandated by G.S. 150B-21.2(c) and will be held at 11:00am on September 22, 2014 in the large conference room on the 13th floor of the Well Fargo Bank building.  The text of the changes is as follows:

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

 

CHAPTER 38 - BOARD OF OCCUPATIONAL THERAPY

 

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Occupational Therapy intends to amend the rules cited as 21 NCAC 38 .0802.

 

Link to agency website pursuant to G.S. 150B-19.1(c):  www.ncbot.org

 

Proposed Effective Date:  December 1, 2014

 

Public Hearing:

Date:  September 22, 2014

Time:  11:00 a.m.

Location:  Wells Fargo Capitol Center, 150 Fayetteville Street, 13th Floor Conference Room, Raleigh, NC  27601

 

Reason for Proposed Action: 

21 NCAC 38 .0802 - These amendments are being submitted to clarify continuing competence activity requirements.

 

Procedure by which a person can object to the agency on a proposed rule:  Any person may object to either of these proposed rule changes by submitting a written statement to Charles P. Wilkins at P.O. Box 2280, Raleigh, NC 27602, postmarked on or before October 14, 2014.

 

Comments may be submitted to:  Charles P. Wilkins, P.O. Box 2280, Raleigh, NC 27602; phone (919) 832-1380; fax (919) 833-1059; email cwilkins@bws-law.com

 

Comment period ends:  October 14, 2014

 

Procedure for Subjecting a Proposed Rule to Legislative Review:  If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1).  The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule.  The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.  If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

 

SECTION .0800 - CONTINUING COMPETENCE ACTIVITY

 

21 NCAC 38 .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 June 1 July 1 of the preceding licensure period and May 31 June 30 of the current licensure period.  Documentation of each continuing competence activity shall comply with Rule .0805.

(b)  For each renewal period, each 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, which 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.

 

Authority G.S. 90-270.69; 90-270.75(a);

 


 

July 16, 2014

 

Telehealth and the North Carolina Board of Occupational Therapy

 

An occupational therapy practitioner may deliver evaluation, treatment, and consultation through telecommunication and information technologies. N.C.G.S. 90-270.67.4

 

  1. An occupational therapy practitioner is required to be licensed in North Carolina if the practitioner provides occupational therapy services to a client who is in North Carolina.
  2. An occupational therapy practitioner who is in North Carolina and does not provide occupational therapy services to clients in North Carolina does not need to be licensed in North Carolina.
  3. An occupational therapy practitioner who is in North Carolina but provides occupational therapy services to clients in a state other than North Carolina is required to follow the laws and regulations of the state where the client is receiving the services.
  4. An occupational therapy practitioner licensed in North Carolina may provide occupational therapy services to a client in North Carolina even if the occupational therapy practitioner is in another state.

An occupational therapy practitioner may provide supervision requiring direct contact through video teleconferencing. 21. N.C.A.C. 38, Rule .0103(21)

 


 

January 21, 2013

 

ANNOUNCEMENT BY THE NC BOARD OF OCCUPATIONAL THERAPY

 

PLEASE NOTE:  ONE HOUR OF ETHICS CONTINUING COMPETENCE ACTIVITY IS NOT REQUIRED FOR YOUR 2014-2015 RENEWAL.  HOWEVER, ETHICS WILL BE MANDATORY EACH YEAR BEGINNING WITH YOUR 2015-2016 RENEWAL.  THEREFORE, YOU WILL BE REQUIRED TO TAKE AT LEAST ONE HOUR OF ETHICS BETWEEN JUNE 1, 2014 AND MAY 31, 2015 FOR YOUR 2015-2016 RENEWAL AND EACH RENEWAL THEREAFTER.

 

PLEASE SEE RULE CHANGES, IN BOLD, WHICH ARE NOT REFLECTED IN THE PRACTICE ACT AND RULES BOOKLET:

 

21 NCAC 38 .0301             LICENSE NUMBER: DISPLAY OF LICENSE AND iDENTIFICATION BADGE

(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.

 

 

21 NCAC 38 .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 June 1 of the preceding licensure period and May 31 of the current licensure period.  Documentation of each continuing competence activity shall comply with Rule .0805.

(b)  For each renewal period, each 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, which 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.

 


 

October 21, 2013

 

The NCBOT presented at the 2013 NCOTA Annual Conference on October 18th-20th in Raleigh, NC.  The NC Board of Occupational Therapy recognized Barbara Williams for her contributions to furthering the profession of occupational therapy through dedicated service as Board Administrator from 2005-2012.

 


 

May 23, 2013

 

NCOTA Seeks Nominees for both OT and School Based Position on Licensure Board (NCBOT)

 

The North Carolina Occupational Therapy Practice Act obligates the NC Occupational Therapy Association (NCOTA) to seek and nominate candidates to serve on the North Carolina Board of Occupational Therapy (NCBOT, the licensure Board). NCOTA is currently seeking a qualified occupational therapist and a qualified school counselor interested in serving on the NCBOT for four year terms, October 2013 - 2017.

Pursuant to NC General Statute 90-270.68 an applicant for the occupational therapist position must be an occupational therapist, resident of NC, licensed to practice in NC and shall have practiced, taught, or engaged in research in occupational therapy for at least three of the five years immediately preceding appointment to the NCBOT.  The School Based position shall be a counselor, educator, or school-based professional certified or licensed under North Carolina law who is employed in the North Carolina public school system, is not an occupational therapists or occupational therapy assistant, and is nominated by the NCOTA after consultation with the North Carolina School Counselors Association.

  

All members of the NCBOT are required to file an annual Statement of Economic Interest with the State Board of Ethics.

 

The NCOTA Executive Board reviews the qualifications of all applicants based on criteria established in the Practice Act, including geographic representation, clinical specialty, and other factors that promote broad representation of occupational therapy on the NCBOT. The NCOTA then submits names and credentials of nominees to the Governor, who makes the final decision on appointment. The occupational therapist seat to be filled is currently held by Christine Gunnigle. Ms. Gunnigle is not seeking re-appointment.  The school counselor position is currently held by Melanie Mills.  Ms. Mills is not eligible for reappointment since she is completing her second four-year term.

 

If you are an occupational therapist or school counselor interested in serving on the NCBOT and you meet the qualifications, submit your name, a brief history of your experience in OT or public schools (including your current role, location and employer and your curriculum vita) and a brief statement (no more than 250 words) of why you want to serve to: Nominations, PO Box 20432, Raleigh, NC 27619, fax: 919-771-0115. Deadline for receipt of complete nominations is August 1, 2013.

 

The current composition and representation on the Board is

 

THERAPIST MEMBERS:

Christine T. Gunnigle, OTR/L, Chair

William W Walsh, OTR/L, Vice Chair

Ron L Taylor, OTA/L

Denise Donica, DHS, OTR/L, BCP

PHYSICIAN MEMBER:

 Stephen Lang M.D., Durham County

 

PUBLIC MEMBER:

  Russell L. Stephenson, Jr., Secretary/Treasurer

SCHOOL BASED PROFESSIONAL MEMBER:

  Melanee Mills, MS

 


 

Febuary 1, 2013

 

Ethics Required for 2013 Renewals   

 

This is a reminder that an Ethics course is required as part of your Continuing Competence Activity for 2013 Renewals.

 

Rule .0802(b) states that every two (2) years all licensees shall document completion of at least one contact hour (one point) of an ethics course related to the practice of occupational therapy. The one point may be included in the total of the required point total for the renewal period.

Whether Ethics activity is required can be determined by the year of the renewal.  Ethics activity  is required for renewals occurring on odd years and not required for renewals occurring on even years.  For example: Ethics a is not required for renewals in 2012 but are be required for renewals in 2013. It will be clearly indicated in the Continuing Competence section of the website if the ethics activity is required for the current renewal period.

The ethics course must meet the requirements for continuing competence activity found in Rules Section .0800 (Rules .0801 - .0808). Additionally, whoever presents the course must meet the requirements of Rule .0803(b). It may not be an in-service offered by a co-employee who attended an ethics course.

Enter your ethics activity in the CCA category Ethics regardless of what category of CCA it belongs. This allows the computer to recognize it as your ethics requirement.

 


 

January 29 , 2013

 

Reminder about Online Access to CCA information and Therapist Profile information

Therapist are now able to update their personal, employment and supervision information online.  For complete instructions on how to update this information, click on the Information Tab under the Main Menu.

 

Therapist are now able to manage their continuing competence activity (CCA) online.  For complete instructions on how to manage this information, click on the Continuing Competence tab under the Main Menu.

 


 

January 29, 2013

 

Change of Board Meeting Dates

 

The May and November Board meeting dates have been changed.  Please see the revised schedule below.  Complete information related to Board meetings can be found in the Meetings section of the website. 

 

2013

Monday, January 28, 2013

Monday, March 18, 2013 

*Monday, May 13, 2013

Monday, July 15, 2013

Monday, September 16, 2013

*Monday, November 11, 2013

 

*Please note these are updated meeting dates

 


 

October 17, 2012

 

The North Carolina Board of Occupational Therapy will be holding a public hearing to discuss four (4) changes to the Rules of the Board.  This hearing is mandated by G.S. 150B-21.2(c) and will be held at 11:00am on November 12, 2012 in the large conference room on the 13th floor of the Well Fargo Bank building.  The text of the changes is as follows:

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

 

CHAPTER 38 - BOARD OF OCCUPATIONAL THERAPY

 

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Occupational Therapy intends to amend the rules cited as 21 NCAC 38 .0301, .0802 and .0803.

 

Link to agency website pursuant to G.S. 150B-19.1(c):  www.ncbot.org

 

Proposed Effective Date:  April 01, 2013

 

Public Hearing:

Date:  November 12, 2012

Time:  11:00 a.m.

Location:  Wells Fargo Capitol Center, 150 Fayetteville Street, 13th Floor Conference Room, Raleigh, NC  27601

 

Reason for Proposed Action: 

21 NCAC 38 .0301, .0802, .0803 - These amendments are being submitted to clarify continuing competence activity requirements and as requested by health care providers who do not want to wear name tags with their last name on them.

 

Procedure by which a person can object to the agency on a proposed rule:  Any person may object to either of these proposed rule changes by submitting a written statement to Charles P. Wilkins at P.O. Box 2280, Raleigh, NC 27602, postmarked on or before January 28, 2013.

 

Comments may be submitted to:  Charles P. Wilkins, P.O. Box 2280, Raleigh, NC 27602; phone (919) 832-1380; fax (919) 833-1059; email cwilkins@bws-law.com

 

Comment period ends:  January 28, 2013

 

Procedure for Subjecting a Proposed Rule to Legislative Review:  If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1).  The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule.  The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.  If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

 

SECTION .0300 - LICENSING

 

21 NCAC 38 .0301             LICENSE NUMBER: DISPLAY OF LICENSE AND IDENTIFICATION BADGE

(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 G.S. 90-270.65 et seq. shall be required to comply with the provisions of G.S. 90-640.

(c)  A licensed or registered person may be exempted from this requirement either partially or completely if such person, or such person's employer, shows to the Board that the person's or patient's safety or some therapeutic concern requires that an identification badge not be worn or that only a first name be displayed.

 

Authority G.S. 90-270.69(4); 90-270.73.

 

SECTION .0800 - CONTINUING COMPETENCE ACTIVITY

 

21 NCAC 38 .0802             CONTINUING COMPETENCE REQUIREMENTS FOR LICENSURE

(a)  Effective for the renewal period July 1, 2008 through June 30, 2009 and each renewal thereafter, 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 June 1 of the preceding licensure period and May 31 of the current licensure period.Documentation of each continuing competence activity shall comply with Rule .0805.

(b)  Every two years all licensees shall document completion of at least one contact hour of an ethics course related to the practice of occupational therapy, which shall be included in the total points for the year.  Each renewal period licensees 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, which 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.

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

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

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

(f)  Licensees shall be charged a late fee of fifty dollars ($50.00) if they fail to obtain their continuing competency activities within the appropriate time period.

 

Authority G.S. 90-270.69; 90-270.75(a).

 

21 NCAC 38 .0803             APPROVAL OF ACTIVITIES

FOR MAINTAINING CONTINUING COMPETENCE

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

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

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

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

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

(1)           course description;

(2)           learning outcomes;

(3)           target audience;

(4)           content focus;

(5)           agenda for the activity;

(6)           amount of contact hours;

(7)           qualifications for the presenter(s);

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

(9)           a fee of two hundred fifty dollars ($250.00) for the review and processing of the provider's application.

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

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

(1)           name of the participant;

(2)           name of the provider;

(3)           dates of the activity and completion;

(4)           title and location of the activity;

(5)           number of contact hours; and

(6)           signature of the provider or representative.

Authority G.S. 90-27

 


 

April 25, 2012

 

Change of Board Meeting in May

 

The Monday, May 21, 2012 meeting of the NC Board of Occupational Therapy has been changed to Saturday, May 19, 2012.  This meeting will be held at 9am at the 

Hand and Rehabilitation Specialists of NC

2701 Henry Street

Greensboro, NC 27405

 New Board Members

 

The Board has two new members.  COTA member Mr. Ron L. Taylor, OTA/L from Buncombe County and physician member Stephen Lang, M.D. from Durham County.

 


 

November 1, 2011

 

Online Access to CCA information and Therapist Profile information

Therapist are now able to update their personal, employment and supervision information online.  For complete instructions on how to update this information, click on the Information Tab under the Main Menu.

 

Therapist are now able to manage their continuing competence activity (CCA) online.  For complete instructions on how to manage this information, click on the Continuing Competence tab under the Main Menu.