reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 4 - Fees › Section 4130 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees are fixed by the board as follows:
(a) The fee for processing an Initial
				Application for Licensure (Form ILA, Revised 7/2016) shall be fifty dollars
				($50).
(b) The initial license fee
				for occupational therapists shall be prorated pursuant to Section
				4120(a)(1) and
				based on the biennial renewal fee set forth below.
(c) The initial license fee for occupational
				therapy assistants shall be prorated pursuant to Section
				4120(a)(1) and
				based on the biennial renewal fee set forth below.
(d) The fee for a limited permit shall be one
				hundred dollars ($100).
(e) The
				biennial renewal fee for occupational therapists shall be two hundred twenty
				dollars ($220). For licenses that expire on or after January 1, 2021, the
				biennial renewal fee shall be two hundred seventy dollars ($270).
(f) The biennial renewal fee for occupational
				therapy assistants shall be one hundred eighty dollars ($180). For licenses
				that expire on or after January 1, 2021, the biennial renewal fee shall be two
				hundred ten dollars ($210).
(g) The
				delinquency fee is one-half of the renewal fee.
(h) The biennial renewal fee for an inactive
				license shall be the same as the biennial renewal fee for an active
				license.
(i) The fee for an
				Application for Retired Status (Form ARS, New 7/2012), shall be twenty-five
				dollars ($25).
(j) The fee for a
				duplicate license shall be twenty-five dollars ($25).
(k) The fees for fingerprint services are
				those charged by the California Department of Justice and the Federal Bureau of
				Investigation.
1. New section
				  filed 2-28-2002; operative 2-28-2002 pursuant to Government Code section
				  11343.4
				  (Register 2002, No. 9).
2. Amendment filed 11-8-2006; operative
				  11-8-2006 pursuant to Government Code section
				  11343.4
				  (Register 2006, No. 45).
3. Amendment of subsection (a) filed
				  7-27-2009, operative 8-26-2009 (Register 2009, No. 31).
4. Editorial
				  correction restoring inadvertently deleted section (Register 2013, No.
				  36).
5. Amendment of section and NOTE filed 12-23-2013; operative
				  4-1-2014 (Register 2013, No. 52).
6. New article heading and
				  amendment of section and NOTE filed 5-4-2017; operative 7-1-2017 (Register
				  2017, No. 18).
Note: Authority cited: Sections
					 122,
					 144,
					 163.5,
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 134,
					 144,
					 161,
					 462,
					 703,
					 2570.5,
					 2570.9,
					 2570.10,
					 2570.11,
					 2570.16
					 and
					 2570.17,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4140 - Issuance of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Board's executive officer, or his or her designee, is authorized to issue
				citations containing orders of abatement and/or administrative fines pursuant
				to section
				125.9
				of the Business and Professions Code against occupational therapists or
				occupational therapy assistants who have committed any acts or omissions which
				are in violation of the Occupational Therapy Practice Act or any regulation
				adopted pursuant thereto.
(b) The
				Board's executive officer, or his or her designee, is authorized to issue
				citations containing orders of abatement, orders of correction, and/or
				administrative fines pursuant to section
				148
				of the Business and Professions Code against unlicensed persons who have
				committed any acts or omissions which are in violation of the Occupational
				Therapy Practice Act or any regulation adopted pursuant thereto.
(c) Each citation:
(1) shall be in writing,
(2) shall describe with particularity the
				nature of the violation, including specific reference to the provision or
				provisions of law determined to have been violated,
(3) may contain one or more of the following:
(A) an assessment of an administrative
				fine;
(B) an order of abatement
				fixing a reasonable period of time for abatement of the violation;
(C) an order of
				correction,
(4) shall be
				served on the cited person, in person, or by certified and regular mail at the
				address of record on file with the Board. Citations served by certified and
				regular mail shall be deemed "served" on the date of mailing.
(5) shall inform the cited person that, if he
				or she desires an informal conference to contest the finding of a violation,
				the informal conference shall be requested by written notice to the Board
				within 30 calendar days from service of the citation,
(6) shall inform the cited person that, if he
				or she desires a hearing to contest the finding of a violation, the hearing
				shall be requested by written notice to the Board within 30 calendar days from
				service of the citation,
(7) shall
				inform the cited person that failure to pay the fine within 30 calendar days of
				the date of service, unless the citation is being appealed, may result in
				disciplinary action being taken by the Board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4143 - Compliance with Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If a cited person who has been issued an order of abatement is unable to
				complete the correction within the time set forth in the citation because of
				conditions beyond his or her control after the exercise of reasonable
				diligence, he or she may request an extension of time within which to complete
				the correction. Such a request shall be in writing and shall be made within the
				time set forth for abatement.
(b)
				Failure of an applicant to abate the violation or to pay the fine within the
				time allowed is a ground for denial of licensure or registration.
(c) If an informal conference or hearing is
				not requested, payment of the fine shall not constitute an admission of the
				violation charged and payment of the fine shall be represented as satisfactory
				resolution of the matter for purposes of public disclosure.
1. New section
				  filed 8-7-2002; operative 9-6-2002 (Register 2002, No.
				  32).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4144 - Disciplinary Guidelines. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-22-2004; operative 12-22-2004 (Register 2004, No. 48).
2.
				  Renumbering of former section
				  4144 to section
				  4147 filed 6-6-2011; operative
				  7-6-2011 (Register 2011, No. 23).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 125.6,
					 125.9,
					 475,
					 480,
					 481,
					 482,
					 490,
					 496,
					 2570.27,
					 2570.28,
					 2570.29,
					 2570.30,
					 2570.31
					 and
					 2570.32,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4145 - Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Every citation, once it has been resolved by payment of the administrative fine
				and/or compliance with the order of abatement, shall be purged five (5) years
				from the date of resolution, except for citations referenced in subsection
				(b).
(b) No citation shall be
				purged if issued pursuant to CCR Section
				4140(b), and no
				citation shall be purged for any citation issued for unlicensed
				practice.
1. New section
				  filed 7-20-2011; operative 8-19-2011 (Register 2011, No.
				  29).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 2570.18,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4146 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Incompetence"
				is the lack of possession of or the failure to exercise that degree of
				knowledge, learning, skill, ability, care or experience ordinarily possessed
				and exercised by a competent licensed professional.
(b) "Negligence" is a departure from the
				standard of care, which under similar circumstances, would have been ordinarily
				exercised by a competent licensed professional.
(c) "Gross negligence" is an extreme
				departure from the standard of care, which under similar circumstances, would
				have been ordinarily exercised by a competent licensed professional.
(d) For the purposes of denial, suspension,
				or revocation of a license, a crime or act shall be considered to be
				"substantially related to the qualifications, functions or duties of an
				occupational therapy practitioner," if it evidences present or potential
				unfitness of a licensee to perform the functions authorized by his or her
				license or in a manner inconsistent with the public health, safety, or welfare.
				Such crimes or acts include, but are not limited to, those involving the
				following:
(1) Violating or attempting to
				violate, directly or indirectly, or assisting or abetting the violation of or
				conspiring to violate any provision or term of the Occupational Therapy
				Practice Act.
(2) Fiscal
				dishonesty, theft or larceny.
(3)
				An incident involving controlled substances or alcohol to the extent that
				practice is impaired or a threat to the health or safety of themselves or
				others.
(4) Conviction of a crime
				involving harassment or stalking (as defined by the Penal Code).
(5) Conviction of a crime involving lewd
				conduct, prostitution or solicitation thereof, or pandering and/or indecent
				exposure (as defined by the Penal Code).
(6) Assaultive or abusive conduct including,
				but not limited to, those violations listed in subdivision (d) of Penal Code
				Section
				11160.
(7) Failure to comply with any mandatory
				reporting requirements.
(8) Any
				conviction or act subject to an order of registration pursuant to Section
				290 of the
				Penal Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4146.5 - Effective Dates of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise specified in an Order of the Board, the
				  effective date of a decision made by the Board pursuant to the Administrative
				  Procedure Act (section
				  11500 et seq. of the Government
				  Code) shall be established as follows:
(a) A Default Decision and Order shall become
				effective 10-days from the date of service of the decision on the
				parties.
(b) A Stipulated
				Settlement and Order shall become effective 10-days from the date of service of
				the decision on the parties.
1. New section
				  filed 7-30-2014; operative 10-1-2014 (Register 2014, No.
				  31).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 2570.27,
					 2570.28,
					 2570.29,
					 2570.30,
					 2570.31
					 and
					 2570.32,
					 Business and Professions Code; and Sections
					 11425.50(e),
					 11519 and
					 11520,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4147 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In reaching a decision on a disciplinary action under the administrative
				adjudication provisions of the Administrative Procedure Act (Government Code
				11400 et seq.), the Board shall consider and apply the Disciplinary Guidelines
				(October 2013) which are hereby incorporated by reference. The Disciplinary
				Guidelines shall apply to all disciplinary matters. Deviation from these
				disciplinary guidelines, including the standard terms of probation, is
				appropriate where the Board in its sole discretion determines that the facts of
				the particular case warrant such deviation, e.g., the presence of aggravating
				or mitigating factors; age of the case; or evidentiary issues.
(b) All probationers shall submit and cause
				each health care employer to submit quarterly reports to the Board. The reports
				"Quarterly Written Report (4/2011)" and "Work Performance Evaluation (02/2011)"
				shall be obtained from the Board and are hereby incorporated by
				reference.
1. New article
				  5.5 (section
				  4147) and renumbering of former
				  section 4144 to new section
				  4147, including amendment of
				  section heading, section and NOTE, filed 6-6-2011; operative 7-6-2011 (Register
				  2011, No. 23).
2. Amendment of section heading, section and NOTE
				  filed 7-30-2014; operative 10-1-2014 (Register 2014, No.
				  31).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 125.6,
					 475,
					 480,
					 481,
					 482,
					 490,
					 496,
					 2570.27,
					 2570.28,
					 2570.29,
					 2570.30,
					 2570.31
					 and
					 2570.32,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4147.5 - Uniform Standards Related to Substance Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall also apply, as required,
				the Department of Consumer Affairs' Substance Abuse Coordination Committee's
				Uniform Standards Regarding Substance-Abusing Healing Arts Licensees (April
				2011) [hereafter "Uniform Standards"], which are hereby incorporated by
				reference. The "Uniform Standards" describe the mandatory conditions that apply
				to a substance abusing licensee, except that the Board may impose more
				restrictive conditions if necessary to protect the public. Neither the board
				nor an administrative law judge may impose any conditions or terms of probation
				that are less restrictive than the "Uniform Standards."
(b) If the conduct found to be grounds for
				discipline involves drugs and/or alcohol, the licensee shall be presumed to be
				a substance-abusing licensee for the purposes of section
				315 of the Code. If the licensee
				does not rebut that presumption, in addition to any and all relevant terms and
				conditions contained in the Disciplinary Guidelines, the "Uniform Standards"
				shall apply as written and be used in the order placing the licensee on
				probation.
1. New section
				  filed 7-30-2014; operative 10-1-2014 (Register 2014, No.
				  31).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 315,
					 315.2,
					 315.4
					 and
					 2570.27,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4148 - Mental or Physical Examination of Fitness for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to any other requirements for licensure, whenever
				  it appears that an applicant for a license may be unable to practice
				  occupational therapy safely because the applicant's ability to practice may be
				  impaired due to mental illness or physical illness affecting competency, the
				  board may require the applicant to be examined by one or more physicians and
				  surgeons or psychologists designated by the board. The board shall pay the full
				  cost of such examination. An applicant's failure to comply with the requirement
				  shall render his or her application incomplete.
The report of the evaluation shall be made available to the
				  applicant.
1. New section
				  filed 8-29-2012; operative 9-28-2012 (Register 2012, No.
				  35).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 2570.6
					 and
					 2570.26,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4149 - Other Actions Constituting Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Section
				  2570.28(a) and
				  2570.29 of the Code,
				  "unprofessional conduct" also includes, but is not limited to, the
				  following:
(a) Including or permitting
				to be included any of the following provisions in an agreement to settle a
				civil dispute arising from the licensee's practice, whether the agreement is
				made before or after the filing of an action:
(1) A provision that prohibits another party
				to the dispute from contacting, cooperating, or filing a complaint with the
				board.
(2) A provision that
				requires another party to the dispute to withdraw a complaint the party has
				filed with the board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5.5 - Standards Related to Denial, Discipline, and Reinstatement of Licenses › Section 4149.1 - Revocation for Sexual Contact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the disciplinary guidelines, any proposed
				  decision issued in accordance with the procedures set forth in Chapter 5
				  (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any finding of fact that the
				  licensee engaged in any act of sexual contact, which is defined as sexual
				  intercourse or the touching of an intimate part of a patient for the purpose of
				  sexual arousal, gratification, or abuse, with a patient, or has committed an
				  act or been convicted of a sex offense as defined in Section
				  44010 of
				  the Education Code, shall contain an order revoking the license. The proposed
				  decision shall not contain an order staying the revocation of the
				  license.
1. New section
				  filed 8-29-2012; operative 9-28-2012 (Register 2012, No.
				  35).
Note: Authority cited: Section
					 2570.20,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 475,
					 480,
					 481,
					 482,
					 490,
					 496,
					 2570.26,
					 2570.27,
					 2570.28,
					 2570.29,
					 2570.30,
					 2570.31
					 and
					 2570.32,
					 Business and Professions Code; Section
					 44010,
					 Education Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4150 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this article:
(a) "ACOTE" means the Accreditation Council
				for Occupational Therapy Education.
(b) "Post professional education and
				training" means education and training obtained subsequent to the qualifying
				degree program or beyond current ACOTE standards for the qualifying degree
				program.
(c) "Contact hour" means
				sixty (60) minutes of coursework or classroom instruction.
(d) "Semester unit" means fifteen (15)
				contact hours.
(e) "Quarter unit"
				means ten (10) contact hours.
(f)
				"Rehabilitation of the hand, wrist, and forearm" as used in Code section
				2570.2 (
l
) refers
				to occupational therapy services performed as a result of surgery or injury to
				the hand, wrist, or forearm.
(g)
				"Upper extremity" as used in Code section
				2570.3(e)
				includes education relating to the hand, wrist, or forearm.
(h) "Swallowing" as used in Code section
				2570.3 is the passage of food,
				liquid, or medication through the pharyngeal and esophageal phases of the
				swallowing process.
(i)
				"Instrumental evaluation" is the assessment of any aspect of swallowing using
				imaging studies that include, but are not limited to, endoscopy and
				videofluoroscopy.
(1) "Endoscopic evaluation
				of swallowing" or "endoscopy" is the process of observing structures and
				function of the swallowing mechanism to include the nasopharynx, oropharynx,
				and hypopharynx.
(2)
				"Videofluoroscopic swallowing study" or "videofluoroscopy" is the fluoroscopic
				recording and videotaping of the anatomy and physiology of the oral cavity,
				pharynx, and upper esophagus using a variety of bolus consistencies to assess
				swallowing function. This procedure may also be known as videofluorography,
				modified barium study, oral-pharyngeal motility study and
				videoradiography.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4151 - Hand Therapy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Hand therapy services may be performed only when an occupational therapist has
				demonstrated to the Board in an application filed pursuant to section
				4155 that they have met the post
				professional education and training requirements established by this section as
				follows:
(1) Education: Completion of 45
				contact hours in the subjects listed in Code section
				2570.3(e),
				including 30 hours specifically relating to the hand, wrist, and
				forearm.
(2) Training: Completion
				of 480 hours of supervised on-the-job training, clinical internship or
				affiliation, which may be paid or voluntary, pertaining to hand
				therapy.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4152 - Physical Agent Modalities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Physical agent modalities may be used only when an occupational therapist has
				demonstrated to the Board in an application filed pursuant to section
				4155 that they have met the post
				professional education and training requirements established by this section as
				follows:
(1) Education: Completion of 30
				contact hours in the subjects listed in Code section
				2570.3(f).
(2) Training: Completion of 240 hours of
				supervised on-the-job training, clinical internship or affiliation, which may
				be paid or voluntary, pertaining to physical agent
				modalities.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4152.1 - Use of Topical Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				As used in this section, "topical medications" means medications applied
				locally to the skin or underlying tissue where such medications require a
				prescription or order under federal or state law. The following medications are
				applicable to the practice of occupational therapy and may be used by an
				occupational therapist:
(1) Bacteriocidal
				agents;
(2) Debriding
				agents;
(3) Topical anesthetic
				agents;
(4) Anti-inflammatory
				agents;
(5) Antispasmodic agents;
				and
(6)
				Adrenocortico-steroids.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4153 - Swallowing Assessment, Evaluation, or Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The role of an occupational therapist in
				instrumental evaluations is to observe structure and function of the swallowing
				mechanism in order to assess swallowing capability and determine swallowing
				interventions. The occupational therapist may not perform the physically
				invasive components of the instrumental evaluation.
(b) Swallowing assessment, evaluation or
				intervention may be performed only when an occupational therapist has
				demonstrated to the Board that they have met the post professional education
				and training requirements established by this section as follows:
(1) Education: Completion of 45 contact hours
				in the following subjects:
(A) Anatomy,
				physiology and neurophysiology of the head and neck with focus on the structure
				and function of the aerodigestive tract;
(B) The effect of pathology on the structures
				and functions of the aerodigestive tract including medical interventions and
				nutritional intake methods used with patients with swallowing
				problems;
(C) Interventions used to
				improve pharyngeal swallowing function.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4154 - Post Professional Education and Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Post professional education courses shall
				be obtained at any of the following:
(1)
				College or university degree programs accredited or approved by
				ACOTE;
(2) College or university
				degree programs accredited or approved by the Commission on Accreditation in
				Physical Therapy Education;
(3)
				Colleges or universities with Speech and Hearing Programs accredited or
				approved by the Council on Academic Accreditation in Audiology and
				Speech-Language Pathology;
(4) Any
				approved provider. To be approved by the Board the provider shall submit the
				following:
(A) A clear statement as to the
				relevance of the course to the advanced practice area.
(B) Information describing, in detail, the
				depth and breadth of the content covered (e.g., a course syllabus and the goals
				and objectives of the course) particularly as it relates to the advanced
				practice area.
(C) Information that
				shows the course instructor's qualifications to teach the content being taught
				(e.g., their education, training, experience, scope of practice, licenses held,
				and length of experience and expertise in the relevant subject matter),
				particularly as it relates to the advanced practice area.
(D) Information that shows the course
				provider's qualifications to offer the type of course being offered (e.g., the
				provider's background, history, experience, and similar courses previously
				offered by the provider), particularly as it relates to the advanced practice
				area; or
(5) A provider
				that has not been approved by the Board, if the applicant occupational
				therapist demonstrates that the course content meets the subject matter
				requirements set forth in sections
				2570.3(e) or
				2570.3(f) of the
				Code, or section
				4153 of these regulations, and
				submits the following:
(A) Information
				describing, in detail, the depth and breadth of the content covered (e.g., a
				course syllabus and the goals and objectives of the course) particularly as it
				relates to the advanced practice area.
(B) Information that shows the course
				instructor's qualifications to teach the content being taught (e.g., their
				education, training, experience, scope of practice, licenses held, and length
				of experience and expertise on the relevant subject matter), particularly as it
				relates to the advanced practice area.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 6 - Advanced Practices › Section 4155 - Application for Approval in Advanced Practice Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to provide any of the advanced practice services set
				  forth in Code section
				  2570.3(d), an
				  occupational therapist shall apply to the Board and receive approval in that
				  advanced practice area.
(a) To apply
				for approval, an occupational therapist shall submit to the Board an
				application as specified in subsections (1), (2), or (3), along with the
				required documentation.
(1) Applicants
				seeking approval in the area of Hand Therapy shall submit the Application for
				Advanced Practice Approval in Hand Therapy (Form APH, Rev. 10/2022), hereby
				incorporated by reference;
(2)
				Applicants seeking approval in the use of physical agent modalities shall
				submit the Application for Advanced Practice Approval in Physical Agent
				Modalities (Form APP, Rev. 10/2022), hereby incorporated by
				reference;
(3) Applicants seeking
				approval in the area of Swallowing Assessment, Evaluation, or Intervention
				shall submit the Application for Advanced Practice Approval in Swallowing (Form
				APS, Rev. 10/2022), hereby incorporated by reference;
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 7 - Continuing Competency Requirements › Section 4160 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this section:
(a) "Continuing competency" means an ongoing
				process in which an occupational therapy practitioner maintains the knowledge,
				skills, and abilities necessary to perform his or her professional
				responsibilities.
(b) "Continuing
				education unit (CEU)" is an assigned unit of measure for each professional
				development activity.
(c)
				"Professional development activity" means an activity (except participation in
				a course of study leading to an entry-level academic degree or normal and
				routine employment responsibilities) engaged in subsequent to professional
				education, primarily concerned with maintaining and increasing the occupational
				therapy practitioner's knowledge, skill and ability.
(d) "Professional development unit (PDU)" is
				an assigned unit of measure for each professional development
				activity.
(e) "Level II
				occupational therapy and occupational therapy assistant students" are those
				participating in the fieldwork requirements of the entry-level academic degree
				program.
1. New article
				  7 (sections
				  4160-4163) and section filed
				  3-16-2005; operative 4-15-2005 (Register 2005, No.
				  11).
Note: Authority cited: Sections
					 2570.10
					 and
					 2570.20,
					 Business and Professions Code. Reference: Section
					 2570.10,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 7 - Continuing Competency Requirements › Section 4161 - Continuing Competency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each licensee renewing a license under Section
				2570.10 of the Code shall submit
				evidence of meeting continuing competency requirements by having completed 24
				professional development units (PDUs) during the preceding renewal period, or
				in the case of a license delinquently renewed, within the two years immediately
				preceding the renewal, acquired through participation in professional
				development activities.
(1) One hour of
				participation in a professional development activity qualifies for one
				PDU;
(2) One academic credit equals
				10 PDUs;
(3) One Continuing
				Education Unit (CEU) equals 10 PDUs.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 7 - Continuing Competency Requirements › Section 4162 - Completion and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The occupational therapy practitioner
				shall record the following information for each activity on the renewal form:
(1) the date each course or activity was
				completed;
(2) the provider, course
				number, and course title, if applicable;
(3) a description of the course;
				and
(4) the total number of
				PDUs.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 7 - Continuing Competency Requirements › Section 4163 - Exemption from Continued Competency Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of applying for renewal of a license, an
				  occupational therapy practitioner may request an exemption from the continuing
				  competency requirements. The renewal application must provide the following
				  information:
(a) Evidence that during
				the renewal period prior to the expiration of the license, the practitioner was
				residing in another country for one year or longer, reasonably preventing
				completion of the continuing competency requirements; or
(b) Evidence that the practitioner was absent
				from California because of military service for a period of one year or longer
				during the renewal period, preventing completion of the continuing competency
				requirements; or
(c) Evidence that
				the practitioner should be exempt from the continuing competency requirements
				for reasons of health or other good cause, which include:
(1) Total physical and/or mental disability
				and inability to work for one year or more during the renewal period and the
				inability to work during this period has been verified by a licensed physician
				or surgeon or licensed clinical psychologist; or
(2) Total physical and/or mental disability
				for one year or longer of an immediate family member for whom the practitioner
				had total responsibility, as verified by a licensed physician or surgeon or
				licensed clinical psychologist.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 8 - Service Delivery Standards › Section 4170 - Ethical Standards of Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A violation of any ethical standard of practice constitutes
				  grounds for disciplinary action. Every person who holds a license, a limited
				  permit issued by the board, or is practicing on a license issued by another
				  state pursuant to section
				  2570.4 of the Code, shall comply
				  with the following ethical standards of practice:
(a) Occupational therapy practitioners shall
				comply with state and federal laws pertaining to discrimination.
(1) An occupational therapy practitioner
				shall consider how a client's or patient's economic status, age, ethnicity,
				race, disability, sexual orientation, gender, gender identity, religion,
				residence, or culture, impact health care practices and incorporate these
				considerations in the provision of his or her services.
(2) An occupational therapist offering free
				or reduced-fee occupational therapy services shall exercise the same standard
				of care when providing those services as for full fee
				services.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 8 - Service Delivery Standards › Section 4172 - Standards of Practice for Telehealth

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to provide occupational therapy
				services via telehealth as defined in Section
				2290.5 of the Code, an
				occupational therapist or occupational therapy assistant providing services to
				a patient or client in this State must have a valid and current license issued
				by the Board.
(b) An occupational
				therapist shall inform the patient or client about occupational therapy
				services via telehealth and obtain consent prior to delivering those services,
				consistent with Section
				2290.5 of the Code.
(c) An occupational therapist shall determine
				whether an in-person evaluation or in-person interventions are necessary
				considering: the complexity of the patient's/client's condition; his or her own
				knowledge, skills, and abilities; the nature and complexity of the
				intervention; the requirements of the practice setting; and the
				patient's/client's context and environment.
(d) An occupational therapist or occupational
				therapy assistant providing occupational therapy services via telehealth must:
(1) Exercise the same standard of care when
				providing occupational therapy services via telehealth as with any other mode
				of delivery of occupational therapy services;
(2) Provide services consistent with section
				2570.2(k) of the
				Code; and
(3) Comply with all other
				provisions of the Occupational Therapy Practice Act and its attending
				regulations, including the ethical standards of practice set forth in section
				4170, as well as any other
				applicable provisions of law.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 8 - Service Delivery Standards › Section 4176 - Notice to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Occupational therapists and occupational therapy assistants shall provide
				notice to their patients or clients that they are licensed and regulated by the
				California Board of Occupational Therapy, as specified in (b) and (c)
				below.
(b) Except for employees
				exempt by their employer pursuant to section
				680 of the Code, occupational
				therapists and occupational therapy assistants shall wear a name tag while
				working, in at least 18-point font that provides the first and last name and
				license type. However, the name tag requirement shall not apply to occupational
				therapists or occupational therapy assistants who prominently display a copy of
				their license in the practice area or office where he or she works.
(c)
(1)
				Occupational therapists and occupational therapy assistants shall provide to
				the patients or clients at the time of initial evaluation in at least 24-point
				font and in the format required by section
				680.5(c) of the
				Code, or display in at least 24-point font in an area visible to patients or
				clients, written notice specifying that the licensee is regulated by the
				California Board of Occupational Therapy, and provide the following personal
				information: licensee's first and last name; license type; and highest level of
				earned academic degree related to the provision of occupational therapy
				services.
(2) As required by
				section 680.5(d) of the
				Code, this information shall also be displayed on any Internet website directly
				controlled or administered by the occupational therapist or occupational
				therapy assistant or his or her office personnel.
(3) This subdivision shall not apply to
				occupational therapists or occupational therapy assistants who work in the
				following types of facilities:
(A) General
				acute care hospital;
(B) Acute
				psychiatric hospital;
(C) Skilled
				nursing facility;
(D) Intermediate
				care facility;
(E) Intermediate
				care facility/developmentally disabled-habilitative;
(F) Special hospital;
(G) Intermediate care
				facility/developmentally disabled;
(H) Intermediate care
				facility/developmentally disabled-nursing;
(I) Congregate living health
				facility;
(J) Correctional
				treatment center;
(K) Nursing
				facility;
(L) Intermediate care
				facility/developmentally disabled-continuous nursing; or
(M) Hospice
				facility.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 9 - Supervision Standards › Section 4180 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions found in Business and
				  Professions Code sections
				  2570.2
				  and
				  2570.3
				  the following terms are used and defined herein:
(a) "Client related tasks" means tasks
				performed as part of occupational therapy services rendered directly to the
				client.
(b) "Level I student" means
				an occupational therapy or occupational therapy assistant student participating
				in activities designed to introduce him or her to fieldwork experiences and
				develop an understanding of the needs of clients.
(c) "Level II student" means an occupational
				therapy or occupational therapy assistant student participating in delivering
				occupational therapy services to clients with the goal of developing competent,
				entry-level practitioners.
(d)
				"Level II fieldwork educator" means a licensed occupational therapist or
				occupational therapy assistant who has a minimum of one year of practice
				experience following issuance of a license, or other authorization to practice
				issued by another state's regulatory board.
(e) "Non-client related tasks" means clerical
				and secretarial activities; transportation of patients/clients; preparation or
				maintenance of treatment equipment and work area; taking care of patient/client
				personal needs during treatments; and assisting in the construction of adaptive
				equipment and splints.
(f)
				"Periodic" means at least once every 30 days.
1. New article
				  9 (sections
				  4180-4184) and section filed
				  10-26-2004; operative 11-25-2004 (Register 2004, No. 44).
2. New
				  subsection (d), subsection relettering and amendment of newly designated
				  subsection (e) filed 6-3-2010; operative 7-3-2010 (Register 2010, No.
				  23).
3. Amendment of article heading filed 2-13-2013; operative
				  4-1-2013 (Register 2013, No. 7).
Note: Authority cited: Sections
					 2570.13
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 2570.2,
					 2570.3,
					 2570.4,
					 2570.5,
					 2570.6
					 and
					 2570.13,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 9 - Supervision Standards › Section 4181 - Supervision Parameters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Appropriate supervision of an occupational therapy assistant includes, at a
				minimum:
(1) The weekly review of the
				occupational therapy plan and implementation and periodic onsite review by the
				supervising occupational therapist. The weekly review shall encompass all
				aspects of occupational therapy services and be completed by telecommunication
				or onsite.
(2) Documentation of the
				supervision, which shall include either documentation of direct client care by
				the supervising occupational therapist, documentation of review of the client's
				medical and/or treatment record and the occupational therapy services provided
				by the occupational therapy assistant, or co-signature of the occupational
				therapy assistant's documentation.
(3) The supervising occupational therapist
				shall be readily available in person or by telecommunication to the
				occupational therapy assistant at all times while the occupational therapy
				assistant is providing occupational therapy services.
(4) The supervising occupational therapist
				shall provide periodic on-site supervision and observation of client care
				rendered by the occupational therapy assistant.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 9 - Supervision Standards › Section 4182 - Treatments Performed by Occupational Therapy Assistants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The supervising occupational therapist
				shall determine the occupational therapy treatments the occupational therapy
				assistant may perform. In making this determination, the supervising
				occupational therapist shall consider the following:
(1) the clinical complexity of the
				patient/client;
(2) skill level of
				the occupational therapy assistant in the treatment technique; and
(3) whether continual reassessment of the
				patient/client status is needed during treatment. This rule shall not preclude
				the occupational therapy assistant from responding to acute changes in the
				client's condition that warrant immediate action. The occupational therapy
				assistant shall inform the supervising occupational therapist immediately of
				the acute changes in the patient's/client's condition and the action
				taken.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 9 - Supervision Standards › Section 4183 - Treatments Performed by Occupational Therapy Limited Permit Holders and Students

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Consistent with Code section
				2570.4, subdivisions (b) and (c),
				a Level II student may, at the discretion of the supervising occupational
				therapy practitioner, be assigned duties or functions commensurate with his or
				her education and training.
(b) All
				documented client-related services by the limited permit holder or student
				shall be reviewed and cosigned by the supervising occupational
				therapist.
1. New section
				  filed 10-26-2004; operative 11-25-2004 (Register 2004, No.
				  44).
Note: Authority cited: Sections
					 2570.13
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 2570.2,
					 2570.3,
					 2570.4,
					 2570.5,
					 2570.6
					 and
					 2570.13,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 9 - Supervision Standards › Section 4184 - Delegation of Tasks to Aides

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The primary function of an aide in an
				occupational therapy setting is to perform routine tasks related to
				occupational therapy services. Non-client related tasks may be delegated to an
				aide when the supervising occupational therapy practitioner has determined that
				the person has been appropriately trained and has supportive documentation for
				the performance of the services.
(b) Client related tasks that may be
				delegated to an aide include specifically selected routine aspects of an
				intervention session. In addition to the requirements of Code section
				2570.2, subdivisions (a) and (b),
				the following factors must be present when an occupational therapist delegates
				a selected aspect of an intervention to an aide:
(1) The outcome anticipated for the aspects
				of the intervention session being delegated is predictable.
(2) The situation of the client and the
				environment is stable and will not require that judgment or adaptations be made
				by the aide.
(3) The client has
				demonstrated previous performance ability in executing the task.
(4) The aide has demonstrated competence in
				the task, routine and process.