justicedao/ipfs_state_laws huggingface dataset:
338-020-0030 Continuing Education Requirements (1) To maintain registration, environmental health specialists and waste water specialists must complete 10 hours of continuing education every registration year. (2) Continuing education hours in excess of those required for the one-year reporting period cannot not be carried forward or used to reinstate an inactive registration. (3) Each registrant must report compliance with the continuing education requirement through attestation on the registration renewal document. Registrants are subject to OAR 338-020-0050 pertaining to periodic audit of continuing education. (4) Continuing education must address subject matter related to environmental health or waste water sanitation. (5) At renewal, each registrant must document compliance with the continuing education requirements through attestation on the registration renewal application. (6) Continuing education requirements remain in effect during the time the registration is inactive. If an inactive registration is renewed, the holder must attest to having fulfilled all continuing education hours required during the inactive period. (7) Records of attendance must be maintained for four years. Statutory/Other Authority: ORS 676.560, ORS 700.005-700.240, ORS 700.995 & Senate Bill 844 (2025) Statutes/Other Implemented: ORS 676.560, ORS 700.005-700.240, ORS 700.995 & Senate Bill 844 (2025) History: EHRB 1-2026, amend filed 02/09/2026, effective 03/01/2026 EHRB 16-2018, minor correction filed 11/08/2018, effective 11/08/2018 EHRB 15-2018, minor correction filed 11/08/2018, effective 11/08/2018 EHRB 13-2018, minor correction filed 02/02/2018, effective 02/02/2018 EHRB 3-2011, f. & cert. ef. 8-1-11 SRB 2-2004, f. 6-29-04, cert. ef. 7-1-04 SRB 2-1996, f. 5-31-96, cert. ef. 6-1-96 SRB 1-1987, f. 6-10-87, ef. 6-15-87
338-020-0050 Continuing Education: Audit, Required Documentation and Sanctions (1) The Office will audit a select percentage of registrations to verify compliance with continuing education requirements. (2) Registrants notified of selection for audit of continuing education attestation must submit to the Office within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required continuing education in accordance with OAR 338-020-0030. (3) If selected for audit, the registrant must provide documentation of the required continuing education, which may include, but is not limited to: (a) A certificate of completion, official transcript, statement or affidavit from the sponsor attesting to attendance or other documentation of attendance approved by the Office; (b) Name of sponsoring institution, association or organization; (c) Title of presentation and description of content; (d) Name of instructor or presenter; (e) Date of attendance and duration in hours; and (f) Course agenda provided by the course presenter. (4) If documentation of continuing education is incomplete, the registrant has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required continuing education. (5) Failure to meet continuing education requirements shall constitute grounds for disciplinary action, which may include but is not limited to assessment of a civil penalty and suspension or revocation of the registration. Statutory/Other Authority: ORS 676.560, ORS 700.005-700.240, ORS 700.995 & Senate Bill 844 (2025) Statutes/Other Implemented: ORS 676.560, ORS 700.005-700.240, ORS 700.995 & Senate Bill 844 (2025) History: EHRB 1-2026, amend filed 02/09/2026, effective 03/01/2026 EHRB 1-2021, amend filed 12/10/2021, effective 01/01/2022 EHRB 14-2018, minor correction filed 02/02/2018, effective 02/02/2018 EHRB 3-2011, f. & cert. ef. 8-1-11 SRB 2-2004, f. 6-29-04, cert. ef. 7-1-04 SRB 1-1998, f. 4-29-98, cert. ef. 5-1-98 SRB 2-1996, f. 5-31-96, cert. ef. 6-1-96, Renumbered from 338-020-0110 SRB 1-1987, f. 6-10-87, ef. 6-15-87
339-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the State Occupational Therapy Licensing Board shall give notice of proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin. (2) By mailing a copy of the Notice to interested persons identified by the Board. (3) By mailing a copy of the Notice to the following persons, organizations or publications: (a) Associated Press; (b) Occupational Therapy Association of Oregon; (c) Oregon Board of Medical Examiners; (d) Oregon Physical Therapy Licensing Board; (e) Mental Health Association of Oregon; (f ) Oregon Medical Association; (g) Oregon Health Care Association; (h) Active and lapsed licensees. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11) History: OTLB 1-2001, f. & cert. ef. 1-12-01 OTLB 1-1999, f. & cert. ef. 10-27-99 OTLB 1-1978, f. & ef. 6-12-78
339-001-0005 Model Rules of Practice and Procedure The following Model Rules of Procedure promulgated by the Attorney General of the State of Oregon in effect January 1, 2008 are adopted by the Board by Reference. These rules apply to rulemaking and to the conduct of contested cases respectively: (1) OAR 137-01-0005; 137-001-0007; 137-001-0008; 137-001-0009; 137-001-0011; 137-001-0018; 137-001-0030; 137-001-0040; 137-001-0050; 137-001-0060; 137-001-0070; 137-001-0080 and 137-001-0085. (2) OAR 137-003-0501 to 137-003-0700. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Occupational Therapy Licensing Board.] Statutory/Other Authority: ORS 183, 675.320(11), (13) & (14) History: OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11 OTLB 1-2001, f. & cert. ef. 1-12-01 OTLB 2-1990, f. & cert. ef. 12-20-90 OTLB 1-1986, f. & ef. 2-10-86 OTLB 1-1985, f. & ef. 1-8-85 OTLB 1-1982, f. & ef. 2-4-82 OTLB 1-1980, f. & ef. 3-12-80 OTLB 1-1978, f. & ef. 6-12-78
339-001-0006 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within thirty days from the date the contested case notice was served. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 183.341 History: OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11 OTLB 1-2001, f. & cert. ef. 1-12-01
339-001-0011 Filing Exceptions and Argument to the Board After a proposed order has been served on a party, the Board shall notify the party when written exceptions must be filed to be considered by the Board, and the Board shall notify the party when the party may appear before the Board to present argument regarding the proposed order. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 183.341 History: OTLB 1-2001, f. & cert. ef. 1-12-01
339-001-0016 Petition for Reconsideration or Rehearing as Condition for Judicial Review All parties, including limited parties, must file a petition for reconsideration or rehearing with the Board as a condition for obtaining judicial review of any order of the Board. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 183.341 History: OTLB 1-2001, f. & cert. ef. 1-12-01
339-005-0000 Fees Fees are non refundable. Two year licenses shall be issued to all licensees in even-numbered years at the fee schedule listed below. On a case-by-case basis the Board may approve the issuance of a one-year license. (1) The fee for an initial Oregon or out of state occupational therapy license by endorsement is $160. The Board may also assess the actual cost of conducting a background check, including fingerprinting. (2) The two-year renewal fee issued for the occupational therapy license is $240. The Board may also assess the actual cost to the Board of conducting workforce demographics surveys. (3) The fee for an initial Oregon or out of state occupational therapy assistant license is $130. The Board may also assess the actual cost of conducting a background check, including fingerprinting. (4) The two-year renewal fee for the occupational therapy assistant license is $160. The board may also assess the actual cost to the Board of conducting workforce demographics surveys. (5) The fee for a limited permit is $25 and may not be renewed. (6) The fee for a temporary Oregon occupational therapist license for military spouses and domestic partners is $99. (7) The fee for a temporary Oregon occupational therapy assistant license for military spouses and domestic partners is $99. (8) The fee for an occupational therapist or occupational therapy assistant verification of Oregon licensure is $25. (9) The fee for an occupational therapist and/or occupational therapy assistant electronic mailing list is $100. (10) The fee for the criminal conviction determination process is $100. Statutory/Other Authority: ORS 675.320(6) Statutes/Other Implemented: ORS 675.320(6) History: OTLB 1-2026, amend filed 02/12/2026, effective 02/12/2026 OTLB 3-2023, amend filed 06/05/2023, effective 07/01/2023 OTLB 5-2021, amend filed 05/10/2021, effective 07/01/2021 OTLB 8-2020, amend filed 11/12/2020, effective 11/12/2020 OTLB 2-2020, temporary amend filed 04/02/2020, effective 04/08/2020 through 07/01/2020 OTLB 1-2020, amend filed 01/08/2020, effective 01/08/2020 OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11 OTLB 1-2010, f. 1-5-10, cert. ef. 3-1-10 OTLB 1-2007, f. & cert. ef. 8-1-07 OTLB 1-2004, f. & cert. ef. 6-3-04 OTLB 1-1995, f. 2-15-95, cert. ef. 4-1-95 OTLB 1-1990, f. & cert. ef. 3-20-90 OTLB 1-1989(Temp), f. 9-14-89, cert. ef. 10-3-89
339-010-0007 Occupational Therapy in Mental Health and Behavioral Health Practice Pursuant to ORS 675.210 defining the practice of Occupational Therapy, occupational therapists and occupational therapy assistants, use analysis and purposeful activity with individuals across their lifespan who are limited by psycho-social dysfunctions, or mental or behavioral disabilities. (1) Occupational therapists address barriers to optimal functioning at the all levels with: (a) Individuals (body functions, cognitive functions, values, beliefs, spirituality, motor skills, cognitive skills, and social skills); (b) Groups (collective individuals, e.g. families, workers, students, or community); and (c) Populations (collective groups of individuals living in a similar locale, e.g., city, state, or country residents, people sharing same or like concerns). (2) Occupational therapy practitioners perform evaluations and interventions that focus on enhancing existing skills, creating opportunities, promoting wellness, remediating or restoring skills, modifying or adapting the environment or activity, and preventing relapse. (3) Occupational therapists and Occupational therapy assistants use a recovery model to increase the ability of individuals, groups, and populations to be engaged with daily life activities that are meaningful; lead to productive daily roles, habits, and routines; and promote living as independently as possible. (4) Services for individuals with mental illness are client centered and may be provided to individuals in the community, hospitals, correctional institutions, homes, schools or other educational programs, workplace, or any other setting. (5) Occupational therapists may provide behavioral and mental health preliminary “diagnosis” using standard terminology and taxonomy such as DSM or ICD, through observation of symptoms and mental health assessment, confirmed by prescribing physician and health care team. Statutory/Other Authority: ORS 675.320(8) Statutes/Other Implemented: ORS 675.320 History: OTLB 1-2014, f. & cert. ef. 10-9-14
339-010-0010 Recognition of Education Programs (1) Pursuant to ORS 675.240(1), the Board recognizes educational programs for occupational therapists currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference. [Exhibit not included. See ED. NOTE.] (2) Pursuant to ORS 675.250(2), the Board recognizes educational programs for occupational therapy assistants currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference. [Exhibit not included. See ED. NOTE.] [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310 History: OTLB 1-2001, f. & cert. ef. 1-12-01 OTLB 1-1994, f. & cert. ef. 1-24-94 OTLB 2-1990, f. & cert. ef. 12-20-90 OTLB 1-1988, f. & cert. ef. 1-29-88 OTLB 1-1979, f. & ef. 6-7-79
339-010-0012 Background Checks and Fingerprinting Requirements The Board may require Oregon or National criminal history checks, including fingerprints or other background checks such as the Law Enforcement Data System (LEDS), from any applicants for a license as an occupational therapist or occupational therapy assistant, a limited permit, or an applicant to reinstate a lapsed license. The fingerprints shall be provided in a format prescribed by the Board. The Board will provide information on where acceptable fingerprints may be obtained and what acceptable procedure is to be used for submitting them. The Board will use the fingerprints to conduct Criminal History Checks. When applicable, fingerprint cards will be destroyed as required by law. The Board may conduct a criminal record check on licensees applying to renew a license using the Law Enforcement Data System (LEDS) maintained by the Department of State Police. Statutory/Other Authority: OAR 339-005-0000, ORS 675.320 & ORS 676.303 Statutes/Other Implemented: ORS 676.303 History: OTLB 3-2020, temporary amend filed 04/02/2020, effective 04/08/2020 through 08/31/2020 OTLB 6-2017, amend filed 11/16/2017, effective 11/16/2017 OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12 OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
339-010-0013 Law Ethics Exam Requirement Applicants for licensure for an Oregon Occupational Therapy license shall be required to take and successfully pass an Oregon Law/ethics examination with a passing score set by the board. Statutory/Other Authority: ORS 675.320 & 675.230 History: OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12
339-010-0015 License Examinations Approved by the Board (1) Pursuant to ORS 675.240(1)(b) and (2), the Board adopts the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapist. (2) Pursuant to ORS 675.250(3), the Board approves the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapy assistant. Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310 Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11) History: OTLB 1-1999, f. & cert. ef. 10-27-99 OTLB 1-1994, f. & cert. ef. 1-24-94 OTLB 2-1990, f. & cert. ef. 12-20-90 OTLB 1-1988, f. & cert. ef. 1-29-88 OTLB 2-1986, f. & ef. 6-27-86 OTLB 1-1979, f. & ef. 6-7-79
339-010-0016 CE Requirements for Applicants for Licensure (1) All applicants for licensure will either be current on their NBCOT certification (National Board of Certification in Occupational Therapy) or will need 30 points of Board approved continuing education two years prior to becoming licensed in Oregon. (2) All applicants for licensure who have passed the NBCOT certification examination more than a one year ago and have been unlicensed for more than three years will: (a) Successfully complete a Board approved Re-Entry Program specifically designed for occupational therapists preparing them for re-entry into the field of occupational therapy; or (b) Successfully retake and pass the NBCOT examination within the previous year. (3) All applicants for licensure must complete the Oregon Pain Management Commission’s pain management course prior to issuance of licensure. Evidence of completion must be provided in a manner prescribed by the board. (4) The Board has the discretion to waive requirement for license application requirements. Statutory/Other Authority: ORS 675.320(10) & ORS 675.320(11) Statutes/Other Implemented: ORS 675.320(11) History: OTLB 2-2022, amend filed 01/10/2022, effective 01/10/2022 OTLB 5-2017, amend filed 11/16/2017, effective 11/17/2017 OTLB 1-2005, f. & cert. ef. 8-11-05
339-010-0018 Name, Address and Telephone Number of Record (1) Every applicant, licensee and limited permit holder shall keep on file with the Board their: (a) Legal name; (b) Home address which must include a residential address and may also include a post office box number; (c) A current contact telephone number and electronic mail address, if available; (d) The name, address and telephone number of their current employer or place of business; (e) A current designated mailing address. (2) Whenever an applicant, licensee or limited permit holder legally changes their name, they shall notify the Board in writing within 30 days of the name change and provide the legal documentation of the name change. (3) Whenever an applicant, licensee or limited permit holder changes their home address, their employer or place of business, their contact telephone number, electronic mail address or their mailing address, they shall notify the Board in writing within 30 days. Written notification may be by regular mail, electronic mail, facsimile or through online submission. (4) Unless requested for a public health or state health planning purpose or unless extenuating circumstances exist, the Board will withhold the personal electronic mail, address, home address, and personal telephone number of a licensee. Statutory/Other Authority: OAR 339-005-0000 & ORS 675.320 History: OTLB 3-2022, amend filed 11/07/2022, effective 11/07/2022 OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
339-010-0021 Imposition of Civil Penalties (1) Imposition of a civil penalty does not preclude disciplinary sanction against the occupational therapist’s/occupational therapy assistant’s license. Disciplinary sanction against the occupational therapist’s/occupational assistant/s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense. (2) The civil penalty shall be payable to the Board by credit card, cashier’s check or money order. (3) Civil penalties may be imposed according to the following schedule or as otherwise determined by the Board: (a) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit due to nonpayment of fees, $250 per month; (b) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit, not related to nonpayment of fee, $1,000; (c) Unprofessional conduct by a licensee or limited permittee, $1,000; (d) Violation of ORS 675.210 to 675.340 or any rule of the Board unless otherwise provided in this schedule, $1,000; (e) Gross negligence in the practice of occupational therapy, $1,000; (f) Employing an individual to practice occupational therapy when the individual does not have a current, valid Oregon license or permit, $1,000 per day; (g) Knowingly making a false statement to the Board, $1,000; (h) Practicing occupational therapy outside the scope for which the license or permit is issued, $1,000; (i) Obtaining or attempting to obtain a license or permit or a renewal of a license or permit by bribery or misrepresentation, $1,000; (j) Purporting to be a licensee or permittee when the person does not hold a valid license or permit, $1,000; (k) Practicing occupational therapy under a false or assumed name, $500; (l) Conviction of a crime where such crime bears a demonstrable relationship to the practice of occupational therapy, $1,000; (m) Undertaking to act as an occupational therapy assistant independently of the supervision of an occupational therapist licensed by the Oregon Occupational Therapy Licensing Board, $500. (4) The Board shall report to the National Board for Certification in Occupational Therapy all cases of disciplined licensees. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 675.336 & 675.337 History: OTLB 1-2025, amend filed 05/30/2025, effective 05/30/2025 OTLB 8-2021, amend filed 08/09/2021, effective 08/09/2021 OTLB 1-2001, f. & cert. ef. 1-12-01
339-010-0022 Aggravation and Mitigation After misconduct has been established, aggravating and mitigating circumstances may be considered in deciding what sanction to impose. The following factors will be considered in determining the dollar amount to include, but not limited to: (1) Intent; (2) Damage and injury to client; (3) Potential danger to public health, safety and welfare; (4) Severity and duration of the incident; (5) Prior disciplinary offenses; (6) A pattern of misconduct; (7) Multiple offenses; (8) Full and free disclosure to disciplinary board or cooperative attitude toward proceeding; (9) Refusal to acknowledge wrongful nature of conduct; (10) Timely good faith effort to make restitution or to rectify consequences of misconduct; (11) Economic impact on the person being sanctioned; (12) Physical or mental disability or impairment; (13) Interim rehabilitation; (14) Imposition of other penalties or sanctions. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 183.090 & 675.337 History: OTLB 1-2001, f. & cert. ef. 1-12-01
339-010-0023 License Renewals Each applicant for license renewal shall submit to the Board on or before May 31 of each even numbered year, a completed license renewal application and appropriate renewal fee. The renewal fees are non-refundable. Statutory/Other Authority: ORS 675.320(10)(11) Statutes/Other Implemented: ORS 675.336 & 675.337 History: OTLB 3-2021, amend filed 03/04/2021, effective 03/04/2021 OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09 OTLB 1-2004, f. & cert. ef. 6-3-04 OTLB 1-2001, f. & cert. ef. 1-12-01
339-010-0030 Supervised Field Work For purposes of ORS 675.240(1) and 675.250(4), applicants who have successfully completed training and experience in the practice of occupational therapy as part of a planned program of study in an occupational therapist or occupational therapy assistant educational program approved by the Board shall be considered to have received supervised field work. Statutory/Other Authority: ORS 675.320(10) Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11) History: OTLB 1-1999, f. & cert. ef. 10-27-99 OTLB 2-1986, f. & ef. 6-27-86
339-010-0035 Supervision of an Occupational Therapy Assistant (1) Any person who is licensed as an occupational therapy assistant may assist in the practice of occupational therapy only under the supervision of a licensed occupational therapist. (2) Before an occupational therapy assistant assists in the practice of occupational therapy: (a) The occupational therapy assistant must log into their online license portal with the board and record the name of the licensed occupational therapist who will supervise them, the site where supervision will take place and the supervision start date. (b) The licensed occupational therapist whose name is recorded in the online license portal with the board must log into their online license portal and confirm their supervision of the occupational therapy assistant by updating the approval status to “approved”. (3) An occupational therapy assistant always requires at least general supervision. (4) The supervising occupational therapist shall provide closer supervision where professionally appropriate. (5) The supervisor, in collaboration with the supervisee, is responsible for setting and evaluating the standard of work performed. Statutory/Other Authority: ORS 675.320(11), (13) & (14) Statutes/Other Implemented: ORS 675.210(4) History: OTLB 1-2021, amend filed 03/04/2021, effective 03/04/2021 OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09 OTLB 1-1999, f. & cert. ef. 10-27-99 OTLB 1-1996, f. & cert. ef. 4-16-96 OTLB 2-1990, f. & cert. ef. 12-20-90 OTLB 2-1986, f. & ef. 6-27-86