Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 33 - Division of Health Related Boards and Commissions
Rule 007.33.20-026 - Proposed Amended Rules 6- Rules Governing the Licensing and Practice for Occupational Therapists
Universal Citation: AR Admin Rules 007.33.20-026
Current through Register Vol. 49, No. 9, September, 2024
1. APPLICATION FOR LICENSURE. Any person who plans to practice as a licensed occupational therapist or occupational therapy assistant in the slate of Arkansas shall, in addition to demonstrating his or her eligibility in accordance with the requirements of Section 7 of Act 381 of 1977. apply for licensure to the Board, on forms and in such a manner as the Board shall prescribe.
1.1 FORMS. Application forms can
be secured from the Arkansas State Medical Board.
1.2 FILING REQUIREMENTS. Completed
applications shall be submitted together with necessary documents and filing
fee to the Board. The filing fee is not refundable. Applications and
documentation must be completed within one year of date of receipt by the
Arkansas State Medical Board. Applications and documentation over one year old
are voided and the applicant must reapply.
1.3 BOARD ACTION ON APPLICANTS. Applications
for licensure shall be acted upon by the Board no later than its next regularly
scheduled meeting following (he receipt of the required fee and all
credentials.
2. EXAMINATION. All occupational therapists and occupational therapy assistants arc required to pass an examination, approved by the Board, for licensure to practice the profession in Arkansas, except as otherwise provided in Arkansas Code 17-88-103. The Board has adopted for this purpose the examination administered by the National Board for Certification in Occupational Therapy for the certification of occupational therapists and occupational therapy assistants. For this purpose the Board shall follow the schedule. format and acceptable passing scores set by the National Board for Certification in Occupational Therapy and its designated agent. Applicants may obtain their examination scores in accordance with such rules as the National Board for Certification in Occupational Therapy may establish.
2.1 RE-EXAMINATION. An applicant
who fails an examination may make reapplication to the National Board for
Certification in Occupational Therapy for re-examination accompanied by the
prescribed fee. Any applicant who fails or misses three (3) examinations must
take additional educational work in the areas of his weakness as determined by
the Committee before being eligible for re-examination.
3. LICENSING. All occupational therapists and occupational therapy assistants must be licensed to practice in the state of Arkansas prior to practicing the profession.
3.1 BY EXAMINATION. The Board shall register
as an occupational therapist or occupational therapy assistant and shall issue
a license to any person who satisfactorily passes the said examination provided
for in these Rules and Regulations, and who otherwise meets the requirements
for qualification contained herein and pays a fee as determined by the
Board.
3.2 TEMPORARY LICENSES, The
Secretary of the Board shall issue a temporay license, without examination, to
practice occupational therapy, in association with an occupational therapist.
licensed under the Act. to persons who have completed the education and
experience requirements of the Act and rules and who are required to be
licensed in order to obtain employment as an occupational therapist or an
occupational therapy assistant. The temporary license shall only be renewed
once if the applicant has not passed the examination or if the applicant has
failed to take the qualifying examination. unless the failure is justified by
good cause acceptable at the discretion of the Board, with recommendation of
the Committee.
3.3 RENEWAL.
(A) A renewal or re-registration fee shall be
paid annually to the Board by each occupational therapist and occupational
therapy assistant who holds a license to practice occupational therapy in the
Slate of Arkansas.
(B) Each
licensee must complete, answer truthfully, and provide such information on a
Renewal Application prior to being re licensed,
(C) Each occupational therapist and
occupational therapy assistant shall be required to complete ten (10)
continuing education credits each year, as a prerequisite for license renewal
in the Slate of Arkansas. Credit for continuing education requirements may be
earned in the following manner:
(1)
Workshops. refresher courses. professional conferences, seminars, or
facility-based continuing education programs, designated for occupational
therapists. Hour for hour credit on program content only.
(a) Evaluate professional skills using the
National Board for Certification in Occupational Therapy online Self-Assessment
tool or similar professional skills assessment tool: limited to one (I)
continuing education credit.
(b)
Volunteer for an organization that enhances one's practice roles: limited to
two (2) continuing education credits. Five (5) hours of volunteer work equals
one (1) continuing education credit. Hours will need to be verified from the
organization on their letterhead. Letter will confirm hours and the overall
outcome of the service,
(c)
Mentoring an occupational therapist or occupational therapy assistant colleague
to improve skills: limited to two (2) continuing education credits. Form on the
National Board tor Certification in Occupational Therapy website must be
completed and submitted to the Board.
(d) Receive mentoring from a current licensed
occupational therapist or occupational therapy assistant. Form from NBCOT's
website must be completed and submitted to the Board: limited to two (2)
continuing education credits.
(e)
Participation in a professional occupational Therapy study group/online study
group designed to expand one's knowledge: limited to two (2) continuing
education credits.
(f) Level I
Fieldwork supervision equals two (2) continuing education credits: Level II
fieldwork supervision equals four (4) continuing education credits: limited to
four (4) continuing education credits: and Level III field work/doetoral
capstone experience equals six (6) continuing education credits.
(2) Professional
presentation at a state. national, or international workshop. .seminar, or
conference. One-time presentation per topic: time spent on preparation cannot
be included. Limited to ten (10) continuing education credits.
(3) Formal academic coursework related to the
field of occupational therapy. One (1) to two (2) semester hour class
equivalent to five (5) continuing education credits. Three (3) to four (4)
semester hour class equivalent to ten (10) continuing education credits.
(a) Serve as adjunct faculty teaching an
occupational therapy course (must not be one's primary role); limited to ten
(10) continuing education credits.
(4) Publications/Media; Research/Grant
activities. A request to receive credit for these activities must be submitted
in writing, lor approval, to the Arkansas State Occupational Therapy Examining
Committee thirty (30) days prior to the expiration of the license. Ten (10)
continuing education credits earned however grant must be complete and the
Committee must provide pre-approval before being accepted for continuing
education credits.
(a) Developing training
manuals. multimedia, or software prograins that advance the professional skills
of occupational therpist (must not be one's primary role): limited to five (5)
continuing education credits for non-peer review and ten (10) continuing
education credits for published peer review.
(b) Author of a practice-area related article
in a non-peer reviewed professional publication: limited to five (5) continuing
education credits.
(c) Author of a
practice-area related article in a peer-reviewed professional publication:
limited to ten (10) continuing education credits.
(d) Author of a practice-area related article
in a newsletter or community newspaper: limited to one (I) continuing education
credit.
(e) Author of a chapter in
a practice-area related professional textbook: limited to ten (10) continuing
education credits.
(5)
Self-study.
(a) Book journal or video
reviews. Must be verified by submission of a one (I) page typewritten review of
the material studied, including application to clinical practice, one (1)
continuing education credit per review; two (2) hour maximum per
year.
(b) Self-study coursework
verified by submission of proof of course completion. The number of contact
hours credited will be determined by the .Arkansas Occupational Therapy
Examining Committee. Course outline and proof of completion must be submitted
to the Committee thirty (30) days prior to the expirarion of the license.
(6) Any deviation from
the above continuing education categories will be reviewed on a case by case
basis by the Committee. A request for special consideration or exemption must
be submitted in writing sixty (60) days prior to the expiration of the
license.
(7) All continuing
education programs shall directly pertain to the profession of occupational
therapy. The Committee will not pre-approve continuing education programs. All
occupational therapists licensed by the Board in the Stale of Arkansas must
complete annually ten (10) continuing education hourly units as a condition for
renewal of a license, tach licensee will sign his or her renewal application
very lying that he or she has completed said ten (10) hours and will maintain
for a period of three (3) years proof of the courses taken, should it be
requested by the Board for audit purposes. Acceptable documentation to maintain
on file is as follows:
(a) Official
transcripts documenting completion of academic coursework directly related to
the field of occupational therapy.
(b) A signed verification by a program
director or instructor of the practitioner's attendance in a program, by letter
on letterhead of the sponsoring agency, certificate. or official continuing
education transcript, accompanied by a brochure, agenda, program or other
applicable information indicating the program content.
(c) A letter from a practitioner's supervisor
on the agency's letterhead, giving the names of the continuing education
programs attended, location, dates, subjects taught, and hours of instruction.
(8) Therapists receiving
a new license will not be required to submit for continuing education credit
during the first partial year of licensure. Failure to submit verification of
continuing education for renewal will result in issuance of a "failure to
comply" notification. If the continuing education submitted for credit is
deemed by the Committee to be unrelated to the profession of occupational
therapy, the applicant will be given three (3) months to earn and submit
replacement hours. These hours will be considered as replacement hours and
cannot be counted during the next licensure period. If the applicant feels the
continuing education credit has been denied inappropriately, the applicant may
appeal the issue to die Board for determination within thirty (30) days of the
date of receiving notice from the Committee. The Board will be responsible for
maintaining all of the records involved in the continuing education
requirements set forth in this regulation. The re-registration fee and proof of
continuing education completed, as set forth above, shall be presented to the
Board and the Committee before or during the birth month of the license holder
each year. Failure to re-register and comply with the continuing education
requirements by the last day of the birth month of the license holder of that
year shall cause the license of the occupational therapist or occupational
therapy assistant in question to automatically expire. This requirement becomes
effective 1993 with the first submission of continuing education credits being
required in January of 1994.
3.4 REINSTATEMENT. Any delinquent license of
less than five {5) years may be reinstated, at the discretion of the Board by.
(A) Paying all delinquent fees and a penalty
of Twenty Five and No/100 ($25.00) Dollars for each year or part of a year he
or she has been delinquent, and
(B)
by providing proof of completion of the continuing education requirement for
each year, and
(C) completing the
Renewal Application provided by the Board.
Any person who shall fail to re-register and pay the annual license fee for five (5) consecutive years shall be required to make reapplication to the Board before his or her license may be reinstated.
4. REFUSAL. RFVOCATION. AND/OR SUSPENSION OF LICENSE. The Board after due notice and hearing may deny or refuse to renew a license, or may suspend or revoke a license, or impose such penalties as provided by the Practice Act, where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public.
Such unprofessional conduct shall include:
(A) Obtaining a license by means of fraud.
misrepresentation or concealment of material facts: or providing false material
to the Board at application or renewal.
(B) Being guilty of unprofessional conduct or
gross negligence as defined by rules established by the Committee, or Violating
the Code of Ethics adopted and published by the Committee;
(C) Treating, or undertaking to treat,
ailments of human beings otherwise than by occupational therapy, as authorized
by the Act:
(D) Being convicted of
a crime other than minor offenses defined as "minor misdemeanors". violations".
or "offenses", in any court. except those minor offenses found by the Board to
have direct bearing on whether one should be entrusted to serve the public in
the capacity of an occupational therapist or occupational therapy
assistant:
(E) Use of any drug or
alcohol to an extent that impairs his or her ability to perform (he work of an
occupational therapist with safety to the public:
(F) Being adjudged to have a mental condition
that renders him or her unable to practice occupational therapy with reasonable
skill and safety to patients.
5. FEES.
The fees are as follows:
|
OT |
OTA |
|
|
A. Application Fee |
$25.00 |
$25.00 |
|
B. Full License Fee |
$50.00 |
$25.00 |
|
C. Temporary Permit Fee |
$25.00 |
$25.00 |
|
D. Reinstatement Fee |
||
|
All delinquent fees plus $25.00 late fee per year tor each year delinquent up to five (5) years. | ||
|
E. Annual Renewal Fee |
$65.00 |
$65.00 |
|
F. Renewal Late Fee |
$25.00 |
$25,00 |
6. DEFINITIONS
6.1 ACT DBFINHD. The term Act as
used in these rules shall mean the Arkansas State Occupational Therapy
Licensing Act 381 of 1977.
6.2
FRFQUENT AND REGULAR SUPERVISION DEFINED: As specified in the Occupational
Therapy Practice Act
17-88-102. (3) an "occupational
therapy assistant" means a person licensed to assist in the practice of
occupational therapy under the frequent and regular supervision by or in
consultation with an occupational therapist whose license is in good standing,
"Frequent" and "regular" are defined by the Arkansas State Occupational Therapy
Examining Committee as consisting of the following elements:
(A) The supervising occupational therapist
shall have a legal and ethical responsibilty to provide supervision, and the
supervisee shall have a legal and ethical responsibility to obtain supervision
regarding the patients seen by the occupational therapy assistant.
(B) Supervision by the occupational therapist
of the supervisee's occupational therapy services shall always be required,
even when the supervisee is experienced and highly skilled in a particular
area.
(C) Frequent/Regular
Supervision of an occupational therapy assistant by the occupational therapist
is as follows;
1) The supervising
occupational therapist shall meet with the occupational therapy assistant for
on-site, face to face supervision a minimum of one (1) hour per forty (40)
occupational therapy work hours performed by the occupational therapy
assistant, to review each patient's progress and objectives.
2) The supervising occupational therapist
shall meet with each patient and the occupational therapy assistant providing
services on a monthly basis. to review patient progress and
objectives.
3) Supervision Log. It
is the responsibility of the occupational therapy assistant to maintain on file
signed documentation reflecting supervision activities. This supervision
documentation shall contain the following: date of supervision, time (start to
finish). means of communication, information discussed. number of patients, and
outcomes of the interaction. Both the supervising occupational therapist and
the occupational therapy assistant must sign each entry.
4) Each occupational therapy assistant will
maintain for a period of three (3) years proof of a supervision log. should it
be requested by the Board lor audit purposes.
(D) The occupational therapists shall assign,
and the occupational therapy assistant shall accept, only those duties and
responsibilities tor which the occupational therapy assistant has been
specifically trained and is qualified to perform, pursuant to the judgment of
the occupational therapist.
(1)
Assessment/assessment. Patient evaluation is the responsibility of the
occupational therapists. "The occupational therapy assistant may contribute to
the evaluation process by gathering data and reporting observations. The
occupational therapy assistant may not evaluate independently or initiate
treatment prior to the occupational therapist's evaluation.
(2) Treatment planning/Intervention. The
occupational therapy assistant may contribute to treatment planning as directed
by the occupational therapist. The occupational therapist shall advise the
patient/client as to which level of practitioner will earn, out the treatment
plan.
(3) Discontinuation of
intervention. The occupational therapy assistant may contribute to the
discharge process as directed by the occupational therapist. The occupational
therapist shall be responsible for the final evaluation session and discharge
documentation.
(E) Before
an occupational therapy assistant can assist in the practice of occupational
therapy. he or she must file with the Board a signed. current statement of
supervision of the licensed occupational therapist(s) who will supervise the
occupational therapy assistant. Change in supervision shall require a new
status report to be filed with the Board, prior to starting work and when
supervision ends.
(F) In
extenuating circumstances, when the occupational therapy assistant is without
supervision, the occupational therapy assistant may carry out established
programs for up to thirty (30) calendar days while appropriate occupational
therapy supervision is sought. It shall be the responsibility of the
occupational therapy assistant to notify the Board of these
circumstances.
(G) Failure to
comply with the above will be considered unprofessional conduct and may result
in punishment by the Board.
6.3 DIRECT SUPERVISION OF AIDES DEFINED.
(A) "The occupational therapy aide as defined
in 17-88-102(4)
means a person who aids a licensed occupational therapist or occupational
therapy assistant in the practice of occupalional therapy, whose activities
require an understanding of occupalional therapy but do not require
professional or advanced training in the basic anatomical, biological,
psychological, and social sciences involved in the practice of occupational
therapy.
(B) The aide functions
with supervision appropriate to the task as determined by the supervisor. This
supervision is provided by the occupational therapists or the occupational
therapy assistant. The aide is not trained to make professional judgments or to
perform tasks that require the clinical reasoning of an occupational therapy
practitioner. The role of the aide is strictly to support the occupational
therapist or the occupational therapy assistant with specific non-client
related tasks, such as clerical and maintenance activities, preparation of a
work area or equipment, or with routine client related aspects of the
intervention session.
(C) Any
duties assigned to an occupational therapy aide must be determined and
appropriately supervised on-site, in-sighlt daily by a licensed occupalional
therapist or occupational therapy assistant and must not exceed the level of
training, knowledge, skill and competence of the individual being supervised.
Direct client related duties shall require continuous visual supervision by the
occupational therapist or the occupational therapy assistant. The Board holds
the supervising occupational therapist professionally responsible for the acts
or actions performed by any occupational therapy aide supervised by the
therapist in the occupalional therapy setting.
(D) Duties or functions which occupational
therapy aides shall not perform include the following:
(1) Interpreting referrals or prescriptions
for occupational therapy services:
(2) Performing evaluative
procedures:
(3) Developing,
planning, adjusting, or modifying treatment procedures:
(4) Preparing written documentation of
patient treatment or progress for the patient's record;
(5) Acting independently or without on-site.
in-sight supervision of a licensed occupalional therapist during patient
therapy sessions.
(F)
Direct client related services provided solely by an occupational therapy
aide/tech without on-site. in-sight continuous visual supervision by a licensed
occupational therapist or an occupational therapy assistant cannot be billed as
occupational Sherry services,
(F)
Failure of licensee to supervise an Aide as described herein will be considered
as unprofessional conduct and may result in punishment by the Board.
7. Occupational therapists and occupational therapy assistants should abide by the principles and standards in the current Occupational Therapy Code of Hthies published by the American Occupational "Therapy Association.
History: Adopted .lune 15. 1978; Amended December 11. 1992; March 12. 1993; December 4. 1997: February K 2001: April 6. 2001; April 4. 2002: October 6. 2005: June 5, 2014; February 5. 2015. Effective August 17.2015.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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