S*472 Session 112 (1997-1998)
S*0472(Rat #0350, Act #0356 of 1998) General Bill, By Land and Wilson
A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL
THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND
ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS
IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF
OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE
SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO
INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING
WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
03/04/97 Senate Introduced and read first time SJ-13
03/04/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-13
04/10/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-16
04/15/97 Senate Amended SJ-37
04/15/97 Senate Read second time SJ-37
04/15/97 Senate Unanimous consent for third reading on next
legislative day SJ-37
04/16/97 Senate Read third time and sent to House SJ-26
04/17/97 House Introduced and read first time HJ-20
04/17/97 House Referred to Committee on Labor, Commerce and
Industry HJ-21
04/01/98 House Committee report: Favorable Labor, Commerce and
Industry HJ-3
04/02/98 House Read second time HJ-11
04/02/98 House Unanimous consent for third reading on next
legislative day HJ-13
04/03/98 House Read third time and enrolled HJ-4
05/21/98 Ratified R 350
05/27/98 Signed By Governor
05/27/98 Effective date 05/27/98
06/18/98 Copies available
06/18/98 Act No. 356
(A356, R350, S472)
AN ACT TO AMEND CHAPTER 36, TITLE 40, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSING AND REGULATION OF OCCUPATIONAL THERAPY,
SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK
ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL
BOARDS IN CHAPTER 1, TITLE 40, AND, AMONG OTHER
THINGS, TO INCREASE THE BOARD OF OCCUPATIONAL
THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO
AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A
LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE
CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN
GOOD STANDING WITH THE NATIONAL CERTIFICATION
BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 36, Title 40 of the 1976 Code is amended to
read:
CHAPTER 36
Occupational Therapists
Section 40-36-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 applies to occupational therapists and occupational
therapy assistants regulated or administered, or both, by the Department
of Labor, Licensing and Regulation. If there is a conflict between this
chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter
control.
Section 40-36-10. (A) There is created the South Carolina Board of
Occupational Therapy under the administration of the Department of
Labor, Licensing and Regulation. The purpose of this board is to protect
the public through the regulation of professionals who identify, assess,
and provide treatment for individuals threatened by developmental
deficits, the aging process, poverty and cultural differences, physical
injury or illness, or psychological or social disability, through the
administration and enforcement of this chapter and regulations
promulgated under this chapter.
(B) The board consists of seven members to be appointed by the
Governor with the advice and consent of the Senate. Five members must
be occupational therapists with a minimum of three years' experience; one
member must be an occupational therapy assistant with a minimum of one
year's experience; and one member must be a lay member. All of the
therapists and therapy assistant members must hold active and valid
licenses in this State. Nominations for appointment to the board may be
made to the Governor by an individual, group, or association. From a list
of all licensed occupational therapists and occupational therapy assistants,
the South Carolina Occupational Therapy Association may submit
recommendations to the Governor of at least two names for each vacancy
on the board to be filled by these licensees. Members shall serve terms of
three years and until their successors are appointed and qualify. Vacancies
must be filled in the manner of the original appointment for the unexpired
portion of the term. The Governor may remove a member of the board as
provided for in Section 1-3-240.
Section 40-36-20. As used in this chapter:
(1) 'ACOTE' means the Accreditation Council for Occupational
Therapy Education.
(2) 'AOTA' means the American Occupational Therapy Association.
(3) 'Board' means the South Carolina Board of Occupational Therapy.
(4) 'Direct supervision' means personal, daily supervision, and specific
delineation of tasks and responsibilities by an occupational therapist and
includes the responsibility for personally reviewing and interpreting the
results of a supervisee on a daily basis.
(5) 'NBCOT' means the National Board for Certification in
Occupational Therapy.
(6) 'Occupational therapist' means a person licensed to practice
occupational therapy.
(7) 'Occupational therapy' means the functional evaluation and
treatment of individuals whose ability to cope with the tasks of living are
threatened or impaired by developmental deficits, the aging process,
poverty and cultural differences, physical injury or illness, or
psychological or social disability. The treatment utilizes occupational,
namely goal-oriented activities, to prevent or correct physical or
emotional deficits or to minimize the disabling effect of these deficits in
the life of the individual. Specific occupational therapy techniques
include, but are not limited to, activities of daily living (ADL), the
fabrication and application of sprints, sensory-motor activities, the use of
specifically designed crafts, guidance in the selection and use of adaptive
equipment, exercises to enhance functional performance, prevocational
evaluation and treatment and consultation concerning adaption of physical
environments for the handicapped. These techniques are applied in the
treatment of individual patients or clients, in groups, or through social
systems.
(8) 'Occupational therapy aide' means a person who has received
on-the-job training in occupational therapy and is employed in an
occupational therapy setting under the direct on-site supervision of a
licensed occupational therapist or licensed occupational therapy assistant.
(9) 'Occupational therapy assistant' means a person licensed to assist
in the practice of occupational therapy under the supervision of an
occupational therapist.
(10) 'On-site' means the same premises while direct client treatment is
being performed.
(11) 'Student' means a person who is enrolled in an educational
program approved by ACOTE or other AOTA endorsed accrediting body
for occupational therapy.
(12) 'Supervision' means personal and direct involvement of an
occupational therapist in a supervisee's professional experience which
includes evaluation of the supervisee's performance with respect to each
client treated by the supervisee.
Section 40-36-30. No person may practice occupational therapy or
may practice as an occupational therapy assistant without a license issued
in accordance with this chapter. A person whose license has been
suspended or revoked, who uses in connection with his name the words
or letters 'Occupational Therapist', 'Licensed Occupational Therapist',
'Occupational Therapist Registered', 'Occupational Therapist
Registered/Licensed','O.T.','L.O.T.','O.T.R.', 'O.T.R./L.', or 'Occupational
Therapy Assistant', 'Certified Occupational Therapy Assistant', 'Certified
Occupational Therapy Assistant/Licensed', 'O.T.A.', 'L.O.T.A.',
'C.O.T.A.', 'C.O.T.A./L.', or any other letters, words, or insignia indicating
that he is an occupational therapist or occupational therapy assistant, or
who in any way, orally or in writing or in print or by sign directly or by
implication, represents himself as an occupational therapist or
occupational therapy assistant is deemed to be practicing occupational
therapy or practicing as an occupational therapy assistant without being
registered by the board and is guilty of a misdemeanor and, upon
conviction for each offense, must be fined not less than one hundred
dollars or more than five hundred dollars or be imprisoned for not less
than thirty days or more than ninety days, or both. Each day's violation
constitutes a separate offense.
Section 40-36-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 41-1-50.
(B) The board shall establish fees in regulation.
(C) The board may direct applicants to pay an examination fee directly
to a third party who has contracted to administer the examination.
(D) All fees are nonrefundable and may be prorated to comply with
biennial licensure.
Section 40-36-60. The board may adopt rules governing its
proceedings as provided for in Section 40-1-60 and may adopt an official
seal bearing the words 'South Carolina Board of Occupational Therapy'.
The board shall promulgate regulations necessary to carry out the
provisions of this chapter including, but not limited to, promulgating in
regulation a code of ethics.
Section 40-36-70. The board shall regulate the issuance of licenses and
temporary licenses and shall discipline occupational therapists or
occupational therapy assistants in any manner authorized by this chapter
or Article 1, Chapter 1. In addition, the board has those powers and duties
provided for in this chapter and as set forth in Section 40-1-70.
Section 40-36-80. The Department of Labor, Licensing and
Regulation on behalf of the board shall investigate complaints and
violations of this chapter as provided for in Section 40-1-80.
Section 40-36-90. The results of an investigation must be presented to
the board, and any subsequent hearing must be conducted in accordance
with Section 40-1-90.
Section 40-36-100. In addition to other remedies provided for in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-36-110. In addition to other grounds provided in Section
40-1-110, the board, after notice and a hearing conducted in accordance
with the Administrative Procedures Act, may restrict or refuse to grant a
license to an applicant or may refuse to renew the license of a licensed
person or may suspend, revoke, or otherwise restrict the license of a
licensed person who:
(1) has been convicted of violating federal, state, or local laws relating
to occupational therapy;
(2) violates a provision of this chapter or a regulation promulgated
pursuant to this chapter or an order issued by the board;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or
barter a license or temporary license;
(4) has participated in the fraudulent procurement or renewal of a
license or temporary license for himself or another person or has allowed
another person to use the license;
(5) has committed fraud or deceit in the practice of occupational
therapy including, but not limited to:
(a) misrepresenting an educational degree, training, credentials, or
competence;
(b) using or promotion or causing the use of a misleading,
deceiving, improbable, or untruthful advertising matter or promotional
literature;
(c) wilfully making or filing a false report or record in the practice
of occupational therapy;
(6) has committed an act of dishonest, immoral, or unprofessional
conduct while engaging in the practice of occupational therapy including,
but not limited to:
(a) engaging in illegal, incompetent, or negligent practice;
(b) providing services to a person who reasonably cannot be
expected to benefit from the services;
(7) has been convicted or plead guilty or nolo contendere to a felony
or crime involving moral turpitude or a violation of a federal, state, or
local alcohol or drug law, whether or not an appeal or other proceeding is
pending to have the conviction or plea set aside; or
(8) has been disciplined by a licensing or disciplinary authority of a
state, country, or nationally recognized professional organization or
convicted or disciplined by a court of a state or country for an act that
would be grounds for disciplinary action under this section.
Section 40-36-115. The board has jurisdiction over the actions of
licensees and former licensees as provided for in Section 40-1-115.
Section 40-36-120. In addition to the sanctions the board may impose
pursuant to this chapter, the board may impose a fine up to two thousand
dollars for each violation of a provision of this chapter, not to exceed ten
thousand dollars. The board also may take disciplinary action against a
person as provided for in Section 40-1-120.
Section 40-36-130. As provided for in Section 40-1-130, the board
may deny licensure to an applicant based on the same grounds for which
the board may take disciplinary action against a licensee.
Section 40-36-140. A license may be denied based on a person's prior
criminal record only as provided for in Section 40-1-140.
Section 40-36-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-36-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-36-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-36-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the collection
and enforcement provisions of Section 40-1-180.
Section 40-36-190. Investigations and proceedings conducted under
this chapter are confidential, and all communications are privileged as
provided for in Section 40-1-190.
Section 40-36-200. A person who practices or offers to practice as an
occupational therapist or as an occupational therapy assistant in this State
in violation of this chapter or who knowingly submits false information
to the board for the purpose of obtaining a license or who violates any
other provision of this chapter is guilty of a misdemeanor and, upon
conviction for each offense, must be fined not more than fifty thousand
dollars or be imprisoned not more than one year, or both.
Section 40-36-210. The department, on behalf of the board and in
accordance with Section 40-1-120, may petition an administrative law
judge, in the name of the State, for injunctive relief against a person
violating this chapter.
Section 40-36-230. (A) An applicant for licensure as an occupational
therapist shall file a written application on forms provided by the board
showing to the satisfaction of the board that the applicant:
(1) has graduated from an occupational therapy educational
program approved by ACOTE or other AOTA endorsed accrediting body
for occupational therapy or other educational program which the board
considers to be substantially equivalent;
(2) has completed successfully a minimum of six months of
supervised field work experience at an educational institution approved
by the educational institution where the applicant met the academic
requirements;
(3) has passed a board-approved certification exam for the
occupational therapist; and
(4) is in good standing with NBCOT or other board-approved
certification program.
(B) An applicant for licensure as an occupational therapy assistant
shall file a written application on a form approved by the board showing
to the satisfaction of the board that the applicant:
(1) has graduated from an occupational therapy assistant
educational program approved by ACOTE or other AOTA endorsed
accrediting body for occupational therapy or other educational program
which the board considers to be substantially equivalent;
(2) has completed successfully a minimum of two months of
supervised field work experience at a recognized educational institution
or a training program approved by the educational institution where the
applicant met the academic requirements;
(3) has passed a board-approved certification exam for the
occupational therapy assistant; and
(4) is in good standing with NBCOT or other board-approved
certification program.
Section 40-36-240. (A) An applicant for licensure must submit a
completed notarized application form, the required fee in the form of a
check or money order, and an acceptable legal document indicating any
name changes, if applicable.
(B) An applicant applying for licensure by examination must comply
with subsection (A) and must have reported or sent directly to the board:
(1) examination scores from a board-approved testing service; or
(2) verification of current certification status from NBCOT or other
board-approved certification program if it has been six months or longer
since the applicant passed the NBCOT or other board-approved
certification program exam.
(C) An applicant who is a graduate of an occupational therapy
educational program approved by ACOTE or other AOTA endorsed
accrediting body for occupational therapy and who has applied for the
next scheduled board-approved certification examination following
graduation must comply with subsections (A) and (B) and must have sent
directly to the board confirmation of examination registration and
eligibility to examine from NBCOT or other board-approved certification
program.
(D) An applicant licensed in another state applying for license by
endorsement must comply with subsection (A) and must have sent
directly to the board:
(1) verification of all current permanent licenses in other states from
each state;
(2) verification of current certification status from NBCOT or other
board-approved certification program.
(E) If the requirements of this section have not been completed within
one year, the application and credentials must be brought up to date and
resubmitted with payment of the required fee.
(F) An occupational therapist and an occupational therapy assistant
shall pass a written examination approved by the board for license to
practice in this State except as otherwise provided for in this chapter. The
examination must be administered under the auspices of a recognized
professional testing service approved by the board. The testing service
shall recommend a passing score on the examination for the board's
approval. The board shall adopt a passing score for each administration
of the examination. An examinee who fails to pass may retake the
examination at the next examination date upon making new application
for examination and payment of the examination fee.
Section 40-36-250. The board may license without examination a
person who holds a current and valid license as an occupational therapist
or as an occupational therapy assistant in another state if:
(1) the licensure requirements for that state are at least substantially
equivalent to the licensing standards required in this chapter;
(2) the applicant currently is certified by and in good standing with
NBCOT or other board-approved certification program;
(3) the applicant has submitted all applicable fees.
Section 40-36-260. (A) All licenses are valid for a period of time not
to exceed two years, and it is the licensee's responsibility to renew the
license on March fifteenth whether or not a notice is received. An
occupational therapist or an occupational therapy assistant who first
becomes licensed after December fourteenth in any year is not required
to renew until March fifteenth of the year following the next year.
(B) A licensed occupational therapist and a licensed occupational
therapy assistant before March sixteenth in every other year shall apply
to the board for license renewal and pay the renewal fee provided for in
regulation.
(C) As a condition of license renewal, a licensee must complete
satisfactorily sixteen hours of continuing education per biennium as
defined in regulation and must submit proof of completion on a form
approved by the board and must be certified and in good standing with
NBCOT or other board-approved certification program.
(D) Notwithstanding subsection (H), if a person's license lapses
because the person did not satisfy the continuing education and
certification requirements of subsection (C), the person must comply with
subsection (C) before the board may renew the license.
(E) If a person does not renew a license by March fifteenth or if a
license renewal application is not postmarked before March sixteenth, the
board may charge a late renewal penalty as established in regulation if
renewed before April sixteenth. If a person fails to renew a license and
if a license renewal application is not postmarked before April sixteenth,
the person's license automatically lapses as of April sixteenth. A person
who fails to renew a license or who fails to submit a license renewal
application postmarked before March sixteenth and who practices as an
occupational therapist or occupational therapy assistant after March
fifteenth is deemed to be practicing without a license and is subject to the
penalties provided for in this chapter.
(F) A licensee who does not wish to renew an active license may
select inactive status on the renewal form and return the form to the board.
A licensee whose license is placed on inactive status may not practice
occupational therapy while the license is inactive.
(G) An occupational therapist or occupational therapy assistant whose
license has been inactive for fewer than three years may reactivate the
license by applying to the board, submitting proof of completion of eight
hours of continuing education for each year the license has been inactive,
and paying the reactivation fee provided for in regulation.
An occupational therapist or occupational therapy assistant whose
license has been inactive for three years or more shall complete
supervised contact hours and additional education as provided for in
regulation and must pass an examination.
An occupational therapist or occupational therapy assistant whose
license has been inactive for fewer than three years and who has active
status outside of this State may reinstate the license by submitting proof
of completion of eight hours of continuing education for each year the
license has lapsed, official verification of all current licenses, and the
reactivation fee provided for in regulation.
An occupational therapist or occupational therapy assistant whose
license has been inactive for three years or more and who has active status
outside of this State may reinstate the license by submitting evidence
satisfactory to the board of not less than one thousand hours of
out-of-state employment within the last year, official verification of all
current licenses, and the reactivation fee provided for in regulation.
(H) To reactivate a lapsed license, the occupational therapist or
occupational therapy assistant must comply with the requirements for
reactivating an inactive license as provided for in subsection (G).
Section 40-36-270. (A) The board shall license as an occupational
therapist or an occupational therapy assistant an applicant who proves to
the satisfaction of the board fitness for licensure under the provisions of
this chapter. The board shall issue to each licensee a certificate of
licensure which is prima facie evidence that the person to whom it is
issued has the right to represent himself or herself as a licensed
occupational therapist or a licensed occupational therapy assistant subject
to the provisions of this chapter.
(B) A temporary license may be granted to a person who has
completed an educational program approved by ACOTE or other AOTA
endorsed accrediting body for occupational therapy and who has applied
to take the next scheduled board-approved certification examination
following graduation or who has taken the examination and has not
received the examination results. A temporary license authorizes the
temporary licensee to practice occupational therapy under the direct
supervision of a licensed occupational therapist, and the temporary license
is valid until the date on which the results of the next qualifying
examination are received by the board. The applicant shall submit to the
board a completed supervisory form for each place of employment.
Temporary licenses may be renewed once in the discretion of the board,
upon good cause shown.
The board may issue a temporary license to a licensee whose
occupational therapist or occupational therapy assistant license has been
inactive or lapsed for three years or more and who has applied to
reactivate the license. The temporary license is valid for one year from
the date of issue, may not be renewed, and authorizes the temporary
licensee to work under the on-site supervision of an occupational therapist
licensed in this State in order to obtain the minimum number of contact
hours required to reactivate the license. The licensee shall submit to the
board a completed supervisory form for each place of employment. The
fees for a temporary license must be established in regulation.
(C) An applicant who is not actively engaged in the profession may be
required to:
(1) complete a certain number of hours of CEU's; and/or
(2) have supervised practice specified by the board; and/or
(3) pass a written examination approved by the board.
(D) A licensee shall notify the board of a change in name or mailing
address within thirty days and, when requesting a name change on a
license, shall submit legal documentation indicating the name change.
Section 40-36-280. This chapter does not apply to a person:
(1) employed as an occupational therapist or occupational therapy
assistant by an agency of the federal government if occupational therapy
is provided solely under the direction or control of the federal government
agency;
(2) who is enrolled in a course of study leading to a degree or
certificate in occupational therapy in a program approved by the board if
the occupational therapy activities and services constitute a part of a
supervised course of study and if the person is designated by a title which
clearly indicates a student or trainee status including 'Occupational
Therapy Student', 'Occupational Therapy Assistant Student', 'O.T.S.',
'O.T.A.S.', or other designation approved by the board;
(3) fulfilling the supervised field work experience requirements of
Section 40-36-230.
(4) licensed in this State by any other law and this chapter does not
prohibit the person from engaging in the profession or occupation for
which the person is licensed.
Section 40-36-290. (A) An occupational therapist:
(1) has the ultimate responsibility for occupational therapy
treatment outcomes and for all occupational therapy services performed
under the therapist's supervision;
(2) at a minimum, shall provide supervision as required by this
chapter;
(3) shall communicate regularly with a supervisee regarding
assignments, plan of care, and any changes in the client's status and shall
document this communication;
(4) shall reevaluate a client where therapy has been significantly
interrupted before reassigning an occupational therapy assistant to the
case;
(5) only shall assign to a supervisee those duties and responsibilities
for which the supervisee has been trained specifically and for which the
supervisee is qualified to perform;
(6) must be accessible to supervisee each working day;
(7) shall perform the initial evaluation of and establish the treatment
plan for each client;
(8) shall make a consultation/reassessment visit every seven
treatments or thirty days, whichever comes first.
(B) An occupational therapist is responsible for the occupational
therapy record of a client. The occupational therapy record shall consist
of:
(1) the initial evaluation including a written report signed and dated
by the occupational therapist performing the evaluation;
(2) a plan of care, including:
(a) treatment to be rendered;
(b) frequency and duration of treatment;
(c) measurable goals.
Progress notes must be signed and dated by the person rendering
treatment. When progress notes are written by an occupational therapy
student or an occupational therapy assistant student or examination
candidate, the notes are to be countersigned and dated by the occupational
therapist or occupational therapy assistant who is providing supervision.
A discharge note containing a statement of the client's status at the last
treatment session must be written, signed, and dated by the occupational
therapist or occupational therapy assistant rendering services. In the case
of the occupational therapy assistant, the occupational therapist must
co-sign and consult on all discharge notes.
Section 40-36-300. (A) An occupational therapy assistant only shall
assist in the practice of occupational therapy under the supervision of a
licensed occupational therapist and shall:
(1) only accept those duties and responsibilities for which the
assistant has been specifically trained and is qualified to perform;
(2) consult with the supervising occupational therapist every seven
treatments or thirty days, whichever is first, for each client;
(3) inform the occupational therapist of any changes in a client that
may require reevaluation or change in treatment;
(4) contribute to a client evaluation by gathering data, administering
structured tests, and reporting observations but may not evaluate a client
independently or initiate treatment before a licensed occupational
therapist's evaluation.
(B) An occupational therapy aide may perform duties associated with
nontreatment aspects of occupational therapy including, but not limited
to, transporting clients, preparing treatment areas, attending to the
personal needs of clients during treatment sessions, and clerical or
housekeeping activities under the direct on-site supervision of a licensed
occupational therapist or licensed occupational therapy assistant. When
performing these duties, the occupational therapy aide must be clearly
identified by using 'O.T./Aide' or another designation approved by the
board;
(C) An occupational therapy aide may not:
(1) perform an activity or task which requires licensure under this
chapter;
(2) perform an activity or task which requires the exercise of the
professional judgment of an occupational therapist; or
(3) develop or model client treatment plans or discharge plans.
(D) An occupational therapy student may perform duties or functions
commensurate with the student's training and experience under the direct
on-site supervision of a licensed occupational therapist.
Section 40-36-310. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.
Renewal of Licenses
SECTION 2. Notwithstanding the provisions of Section 40-36-260:
(1) At the beginning of the first renewal period after July 1, 1997,
one-half of all licenses must be renewed for one year.
(2) At the beginning of the same renewal period as in item (1), the
remaining one-half of all licenses must be renewed for two years.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998. |