24 DE Code § 2008. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 20. Occupational Therapy|Subchapter II. License|§ 2008. Qualifications of applicant; report to Attorney General; judicial review.

§ 2008. Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure as an occupational therapist or occupational therapy assistant under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:  (1) Has successfully completed the academic requirements of an educational program in occupational therapy that the Board recognizes. The occupational therapy education program and occupational therapist assistant educational program must be accredited by the Accreditation Council for Occupational Therapy Education. a., b. [Repealed.] (2) Has successfully completed a period of supervised field work experience arranged by the recognized educational institution where the applicant has met the academic requirements, or by the nationally recognized professional association. (3) Has achieved the passing score on the written standardized examination developed by the National Board for Certification in Occupational Therapy, Inc., or its successor. (4) a. Has not been the recipient of any administrative penalties regarding the applicant's practice of occupational therapy, including fines; formal reprimands; license suspensions or revocation, except for license revocations for nonpayment of license renewal fees; or probationary limitations. b. Has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant's professional conduct and practice, including any voluntary surrender of a license. c. The Board may determine, after a hearing, whether an administrative penalty included in paragraphs (a)(4)a. and (a)(4)b. of this section is grounds to deny licensure. (5) Has no impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of occupational therapy in a manner consistent with the safety of the public. (6) Does not have a criminal conviction record or pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of occupational therapy. Applicants who have criminal conviction records or pending criminal charges shall request that the appropriate authorities provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of occupational therapy. The Board may waive this paragraph (a)(6) if, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a quorum, it finds all of the following:  a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service. b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant must not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service. c. The applicant is capable of practicing occupational therapy in a competent and professional manner. d. Granting the waiver will not endanger the public health, safety, or welfare. (7) Has not been convicted of a felony sexual offense. (8) a. Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain all of the following:  1. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history record relating to that applicant. 2. A report of the applicant's entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records. b. An applicant may not be licensed to practice occupational therapy until the applicant's criminal history reports have been produced. The Board may not license an applicant whose record shows a prior criminal conviction unless a waiver is granted under paragraph (a)(6) of this section. (b) If the Board finds to its satisfaction that an applicant has been intentionally fraudulent or intentionally supplied false information, it shall report its findings to the Attorney General for further action. (c) If the Board refuses or rejects an application and the applicant believes that the Board has acted without justification, imposed higher or different standards for that applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may appeal to the Superior Court. (d) Licensees must be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. 65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  74 Del. Laws, c. 262, §  39;  75 Del. Laws, c. 210, §  1;  75 Del. Laws, c. 436, §  18;  77 Del. Laws, c. 199, §  16;  78 Del. Laws, c. 44, §§  32, 33;  79 Del. Laws, c. 277, §  5;  81 Del. Laws, c. 424, § 8;