reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 38 .0201 - APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant,
				including those trained outside the United States or its territories, for an
				occupational therapist or occupational therapy assistant license shall complete
				an application form provided by the Board. This form shall be submitted to the
				Board and shall be accompanied by:
(1) one
				head and shoulders photograph (passport type), taken within the past six
				months, of the applicant of acceptable quality for identification, two inches
				by two inches in size;
(2) the
				proper fees, as required by
				21 NCAC
				38 .0204;
(3) evidence from the National Board for
				Certification of Occupational Therapy (NBCOT) of successful completion of the
				certification examination administered by it. Evidence of successful completion
				of the NBCOT certification examination shall be accepted as proof of graduation
				from an accredited curriculum and successful completion of field work
				requirements;
(4) two signed
				statements on forms provided by the Board attesting to the applicant's good
				moral character; and
(5) successful
				completion of a jurisprudence exam administered by the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 38 .0202 - REPEALED - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-270.70;
				  90-270.71;
Eff. July
				  1, 1985;
Repealed Eff. May 1,
				  1987.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 38 .0203 - INTERVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
Interviews may be required by the Board should it have
				  questions about the qualifications of an applicant.
Authority
				  G.S.
				  90-270.69(1),(4);
Eff. July 1, 1985;
Amended Eff. May 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 38 .0204 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees are as follows:
(1) a request for an initial application for
				licensure as an occupational therapist or occupational therapy assistant is ten
				dollars ($10.00);
(2) application
				for issuance of a license or re-issuance of an expired license is one hundred
				dollars ($100.00);
(3) annual
				renewal of a license is fifty dollars ($50.00);
(4) late renewal of a license is an
				additional fifty dollars ($50.00).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0301 - LICENSE NUMBER: DISPLAY OF LICENSE AND IDENTIFICATION BADGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each individual who is issued a license
				shall be issued a license number. Should that number be retired for any reason
				(such as death, failure to renew the license, or any other reason) that number
				shall not be reissued. The license and current renewal card must be available
				for inspection at the licensee's principal place of business.
(b) Persons licensed under this Chapter shall
				be required to comply with the provisions of
				G.S.
				90-640.
(c) A licensed person shall be exempted from
				the requirement in Paragraph (b) of this Rule if such person notifies the Board
				in writing, at the address set forth in Rule .0102 of this Chapter, that the
				person's safety or some therapeutic concern requires that only a first name and
				level of licensure be displayed.
Authority
				  G.S.
				  90-270.69(4);
				  90-270.73;
				  90-640;
Eff. July 1,
				  1985;
Amended Eff. February 1, 2014; July 1, 2007; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0302 - LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any licensee
				desiring the renewal of a license shall apply for renewal and shall submit the
				renewal application, documentation of continuing competence activities, and the
				fee. Occupational therapy assistants who are employed must also include
				evidence of required supervision.
(b) Licenses not renewed by June 30 are
				expired. Persons whose licenses are expired for 24 months or less and who
				desire to be licensed shall apply for and complete the requirements to renew
				the license. The person shall also provide proof of 15 points of continuing
				competence activities for the last year the license was current and for each
				full year the person's license was expired.
(c) Any person whose license is expired and
				who engages in any occupational therapy activities governed by the occupational
				therapy law shall be subject to the penalties prescribed in
				G.S.
				90-270.76,
				G.S.
				90-270.79,
				G.S.
				90-270.80 and
				G.S.
				90-270.80A.
(d) Licenses expired in excess of 24 months
				shall not be renewed. Persons whose licenses are expired in excess of 24 months
				and who desire to be licensed shall apply for and complete the requirements for
				a new license.
(e) Members of the
				armed forces whose licenses are in good standing and to whom
				G.S.
				105-249.2 grants an extension of time to file
				a tax return are granted that same extension of time to pay the license renewal
				fee and to complete the continuing competence activity requirement prescribed
				in 21
				NCAC 38 .0800. A copy of military orders or
				the extension approval by the Internal Revenue Service must be furnished to the
				Board. If approved, continuing competence activity points acquired during this
				extended time period shall not be utilized for future renewal
				purposes.
Authority
				  G.S.
				  90-270.69(4);
				  90-270.75;
				  93B-15(b);
				  105-249.2;
Eff. July
				  1, 1985;
Amended Eff. May 1, 2010; July 1, 2007; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0303 - REPEALED - LIMITED PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-270.69(4);
				  90-270.74;
Eff. July
				  1, 1985;
Amended Eff. July 1, 2007; May 1, 1989; May 1,
				  1987;
Repealed Eff. October 1,
				  2007.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0305 - CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

Current through Register Vol. 39, No. 2, July 15, 2024
All occupational therapists and occupational therapy
				  assistants are under a continuing duty to report to the Board within 30 days
				  all:
(1) convictions of or pleas of
				guilty or no contest to a felony or any crime such as fraud that involves moral
				turpitude; and
(2) civil lawsuits
				arising out of or related to a licensee's practice of occupational
				therapy.
Authority
				  G.S.
				  90-270.69(2),(4);
				  90-270.74;
Eff. July
				  1, 1985;
Amended Eff. March 1, 2008; July 1, 2007; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0306-.0307

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  55B-2;
Eff. October 1,
				  1986;
Amended Eff. May 1, 1989;
Repealed Eff. February
				  1, 1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0308 - CODE OF ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
				  G.S.
				  90-270.76(a)(2) the Board
				  adopts by reference the Occupational Therapy Code of Ethics (2005) of the
				  American Occupational Therapy Association, including subsequent amendments and
				  editions. Copies of the American Occupational Therapy Association Code of
				  Ethics may be obtained online at
http://www.aota.org
at no cost. To the extent
				  the Occupational Therapy Code of Ethics might conflict with the North Carolina
				  Occupational Therapy Practice Act or the Rules of the North Carolina Board of
				  Occupational Therapy, the North Carolina Occupational Therapy Practice Act or
				  the Rules of the North Carolina Board of Occupational Therapy shall take
				  precedent.
Authority
				  G.S.
				  90-270.69(4);
Eff. December 1, 2009;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0400 - GENERAL › Section 38 .0401 - CHANGE OF ADDRESS OR BUSINESS NAME

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees shall notify the Board in writing of each
				  change of name, residence, trade name, business address, or mailing address,
				  within ten days of such change.
Authority
				  G.S.
				  90-270.69(2),(4);
Eff. July 1, 1985;
Amended Eff. July 1, 2007; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0400 - GENERAL › Section 38 .0402 - ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
In all advertisements relating to occupational therapy, the
				  occupational therapist's or occupational therapy assistant's name and license
				  number shall be given. A licensee may not advertise under a name that is
				  different from the licensee's surname unless written notice has been filed with
				  the Board. The licensee shall notify the Board of all certificates of assumed
				  name filed with any county register of deeds in compliance with
				  G.S.
				  66-68.
Authority
				  G.S.
				  90-270.69(4);
Eff. July 1, 1985;
Amended Eff. July 1, 2007; May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0500 - RULES › Section 38 .0501 - PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				General. The procedure for petitioning the Board to adopt, amend, or repeal a
				rule is governed by
				G.S.
				150B-16.
(b) Submission. Rule-making petitions shall
				be sent to the Board. No special form is required, but the petitioner shall
				state his name and address. There are no minimum mandatory contents of a
				petition, but the Board considers the following information to be pertinent:
(1) a draft of any proposed rule or amendment
				to a rule;
(2) the reason for the
				proposal;
(3) the effect of the
				proposal on existing rules or decisions;
(4) data supporting the proposed rule
				change;
(5) practices likely to be
				affected by the proposed rule change;
(6) persons likely to be affected by the
				proposed rule change.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0500 - RULES › Section 38 .0502 - PROCEDURE FOR ADOPTION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General.
				The procedure for the adoption, amendment or repeal of a rule is governed by
				G.S. 150B.
(b) Notice of
				Rule-Making. Any person who wishes to receive individual notice shall file a
				written request with the Board and shall be responsible for the cost of mailing
				said notice.
(c) Public Hearing.
				Any public rule-making hearing required by G.S. 150B shall be conducted by the
				Chairman of the Board or by any person he may designate. The presiding officer
				shall have complete control of the hearing and shall conduct the hearing so as
				to provide a reasonable opportunity for any interested person to present views,
				data and comments. Oral presentations shall not exceed 15 minutes. Written
				presentations shall be acknowledged by the presiding officer and shall be given
				the same consideration as oral presentations.
Authority
				  G.S.
				  150B-21.2;
Eff. May 1,
				  1989;
Amended Eff. July, 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0500 - RULES › Section 38 .0503 - TEMPORARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The power of the Board to adopt temporary rules and the
				  procedure by which such rules are put into effect are governed by
				  G.S.
				  150B-13.
Authority
				  G.S.
				  150B-13;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0500 - RULES › Section 38 .0504 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. The
				issuance of declaratory rulings by the Board is governed by
				G.S.
				150B-17.
(b) Contents of Request. A request for a
				declaratory ruling shall be in writing and addressed to the Board. The request
				shall contain the following information:
(1)
				The name and address of the person making the request;
(2) The statute or rule to which the request
				relates;
(3) A concise statement of
				the manner in which the person has been aggrieved by the statute or rule;
				and
(4) A statement as to whether a
				hearing is desired, and if desired, the reason therefor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0601 - APPLICABLE HEARING RULES

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board elects to have the Office of Administrative
				  Hearings hear a contested case, the Board's rules pertaining to contested case
				  hearings, instead of the rules of the Office of Administrative Hearings, shall
				  apply.
Authority
				  G.S.
				  90-270.69(4);
				  150B-38(h);
Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0602 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts or proposes to act, other than in
				  rule-making or declaratory ruling proceedings, in a manner which will affect
				  the rights, duties, or privileges of a specific, identifiable person, such
				  person has the right to an administrative hearing. When the Board proposes to
				  act in such a manner, it shall give all such affected persons notice of their
				  right to a hearing by mailing to them, by certified mail, at their last known
				  address a notice of the proposed action and a notice of a right to a
				  hearing.
Authority
				  G.S.
				  150B-11;
				  150B-38;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0603 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any time an
				individual believes that individual's rights, duties, or privileges have been
				affected by the Board's administrative action, but has not received notice of a
				right to an administrative hearing, that individual may file a formal request
				for a hearing.
(b) Before an
				individual may file a request, that individual is encouraged to exhaust all
				reasonable efforts to resolve the issue informally with the Board.
(c) Subsequent to such informal action, if
				still dissatisfied, the individual should submit a request to the Board's
				office, with the request bearing the notation: "REQUEST FOR ADMINISTRATIVE
				HEARING". The request should contain the following information:
(1) name and address of the
				petitioner;
(2) a concise statement
				of the action taken by the Board which is challenged;
(3) a concise statement of the way in which
				the petitioner has been aggrieved; and
(4) clear and specific statement of request
				for a hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0604 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board will grant a request for a hearing if it determines that the party
				requesting the hearing is a "person aggrieved" within the meaning of
				G.S.
				150B-2(6).
(b) The denial of a request for a hearing
				will be issued immediately upon decision, and in no case later than 60 days
				after the submission of the reasons leading the Board to deny the
				request.
(c) Approval of a request
				for a hearing will be signified by issuing a notice as required by
				G.S.
				150B-38(b) and explained in
				Rule .0605 of this Section.
Authority
				  G.S.
				  150B-11;
				  150B-38;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0605 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				give the party or parties in a contested case a notice of hearing not less than
				15 days before the hearing. Said notice shall contain the following
				information, in addition to the items specified in
				G.S.
				150B-38(b):
(1) the name, position, address, and
				telephone number of a person at the offices of the Board to contact for further
				information or discussion;
(2) the
				date, time and place for a pre-hearing conference, if any; and
(3) any other information deemed relevant to
				informing the parties as to the procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0606 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
All administrative hearings will be conducted by the Board, a
				  panel consisting of a majority of the members of the Board, or an
				  administrative law judge designated to hear the case pursuant to
				  G.S.
				  150B-40(e).
Authority
				  G.S.
				  150B-11;
				  150B-38;
				  150B-40;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0607 - INFORMAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board and the other party or parties may agree in advance
				  to simplify the hearing by: decreasing the number of issues to be contested at
				  the hearing; accepting the validity of certain proposed evidence; accepting the
				  findings in some other case with relevance to the case at hand; or agreeing to
				  such other matters as may expedite the hearing.
Authority
				  G.S.
				  150B-11;
				  150B-41;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0608 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				person desiring to intervene in a contested case must file a written petition
				with the Board's office. The request should bear the notation: "PETITION TO
				INTERVENE IN THE CASE OF (name of case)".
(b) The petition must include the following
				information:
(1) the name and address of
				petitioner;
(2) the business or
				occupation of petitioner, where relevant;
(3) a full identification of the hearing in
				which petitioner is seeking to intervene;
(4) the statutory or non-statutory grounds
				for intervention;
(5) any claim or
				defense in respect of which intervention is sought; and
(6) a summary of the arguments or evidence
				petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0609 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				Right. A petition to intervene as of right, as provided in the North Carolina
				Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the
				criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				intervene permissively, as provided in the North Carolina Rules of Civil
				Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				that rule and the Board determines that:
(1)
				There is sufficient legal or factual similarity between the petitioner's
				claimed rights, privileges, or duties and those of the parties to the hearings;
				and
(2) Permitting intervention by
				the petitioner as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0612 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
				  party's behalf at the hearing. All oral testimony at the hearing shall be under
				  oath or affirmation and shall be recorded. At the request of a party or upon
				  the Board's own motion, the presiding officer may exclude witnesses from the
				  hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  150B-11;
				  150B-38;
				  150B-40;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0613 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Board, the Board will issue its
				  decision within 60 days after its next regularly scheduled meeting following
				  the close of the hearing. The decision will be the prerequisite "final agency
				  decision" for the right to judicial review. To obtain judicial review, the
				  person seeking review must file a petition with the court in accordance with
				  the provisions of
				  G.S.
				  150B-45.
Authority
				  G.S.
				  150B-45;
Eff. May 1,
				  1989;
Amended Eff. February 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0600 - ADMINISTRATIVE HEARING PROCEDURES › Section 38 .0614 - PROPOSALS FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), a "proposal for
				decision" shall be rendered within 45 days of the hearing pursuant to the Rules
				of the Office of Administrative Hearings,
				26 NCAC
				03 .0026. The parties may file written
				exceptions to this "proposal for decision" and submit their own proposed
				findings of fact and conclusions of law. The exceptions and alternative
				proposals must be filed within ten days after the party has received the
				"proposal for decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during
				the hearing, the handling of the hearing by the administrative law judge,
				rulings on evidence, or any other matter must be written and refer specifically
				to pages of the record or otherwise precisely identify the occurrence to which
				exception is taken. The exceptions must be filed with the Board within ten days
				of the receipt of the proposal for decision. The written exceptions should bear
				the notation: "EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of
				case)".
(c) Any party may present
				oral argument to the Board upon request. The request must be included with the
				written exceptions.
(d) Upon
				receipt of request for further oral argument, notice will be issued promptly to
				all parties designating the time and place for such oral argument.
(e) Giving due consideration to the proposal
				for decision and the exceptions and arguments of the parties, the Board may
				adopt the proposal for decision or may modify it as the Board deems necessary.
				The decision rendered will be a part of the record and a copy thereof given to
				all parties. The decision as adopted or modified becomes the "final agency
				decision" for the right to judicial review. Said decision will be rendered by
				the Board within 60 days of the next regularly scheduled meeting following the
				oral arguments, if any. If there are no oral arguments presented, the decision
				will be rendered within 60 days of the next regularly scheduled Board meeting
				following receipt of the written exceptions.
Authority
				  G.S.
				  150B-11;
				  150B-38;
				  150B-40;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0701 - AUTHORITY AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "Administrator" means the administrator
				of the North Carolina Board of Occupational Therapy.
(2) "Board" means the North Carolina Board of
				Occupational Therapy.
(3) "Legal
				Counsel" means the legal counsel to the North Carolina Board of Occupational
				Therapy.
(4) "Licensee" means any
				individual who is duly licensed to practice occupational therapy in North
				Carolina as an occupational therapist or occupational therapy
				assistant.
(5) "Occupational
				therapy related services" means those activities through which occupational
				therapy, as defined in
				G.S.
				90-270.67(4), is
				practiced.
(6) "Professional
				Corporation" means professional corporations organized for the purpose of
				providing occupational therapy related services in North Carolina.
Authority
				  G.S.
				  55B-2;
				  55B-12;
				  90-270.69(4);
Eff. February 1, 1994;
Amended Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0702 - PREREQUISITES FOR INCORPORATION

Current through Register Vol. 39, No. 2, July 15, 2024
The following requirements must be met in order to
				  incorporate:
(1) The incorporator,
				whether one or more, of a professional corporation shall be licensed to
				practice occupational therapy in North Carolina as an occupational
				therapist.
(2) Before the filing of
				the articles of incorporation with the Secretary of State, the incorporators
				shall file with the administrator of the Board a copy of the original articles
				of incorporation, together with a registration fee of fifty dollars
				($50.00).
(3) The copy of the
				articles of incorporation shall be accompanied by an application to the Board
				(Corp. Form 01) certified by all incorporators, setting forth the names,
				addresses and N.C. license numbers of each shareholder of the corporation who
				will be practicing occupational therapy for the corporation.
(4) Included with the articles of
				incorporation shall be a statement that all such persons are licensed to
				practice occupational therapy in North Carolina as occupational therapists, and
				stating that the corporation will be conducted in compliance with the
				Professional Corporation Act and the rules of this Section.
(5) If the articles are changed in any manner
				before being filed with the Secretary of State, they shall be resubmitted to
				the administrator of the Board and shall not be filed until approved by the
				administrator of the Board.
Authority
				  G.S.
				  55B-4;
				  55B-10;
				  90-270.69(4);
Eff. February 1, 1994;
Amended Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0703 - CERTIFICATE OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Certificate of Registration shall be issued as
				  follows:
(1) The legal counsel or
				administrator shall issue a Certificate of Registration (Corp. Form 02) for the
				professional corporation to become effective only when the professional
				corporation files the articles of incorporation with the Secretary of State and
				if:
(a) the legal counsel or administrator of
				the Board finds that no disciplinary action is pending before the Board against
				any of the licensed incorporators or persons who will be directors, officers,
				or shareholders of such corporation; and
(b) it appears to the legal counsel or
				administrator that such corporation will be conducted in compliance with the
				law and rules.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0704 - GENERAL AND ADMINISTRATIVE PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				legal counsel or administrator shall decline to issue a Certificate of
				Registration required by
				21 NCAC
				38 .0703(1), or decline to
				renew the same when requested, or shall refuse to take any other action
				required of him/her in writing by a professional corporation, the aggrieved
				party may request, in writing, a review of such action by the Board, and the
				Board shall provide a formal hearing for such aggrieved party before a majority
				of the Board.
(b) All amendments to
				charters of professional corporations, all merger and consolidation agreements
				to which a professional corporation is a party, and all dissolution proceedings
				and similar changes in the corporate structure of a professional corporation
				shall be filed with the legal counsel or administrator of the Board for
				approval before being filed with the Secretary of State.
(c) The legal counsel or administrator may
				issue the certificate (Corp. Form 04) required by
				G.S.
				55B-6 when stock is transferred in a
				professional corporation, and such certificate shall be permanently attached to
				the stub of the transferee's certificate in the stock book of the professional
				corporation.
Authority
				  G.S.
				  55B-6;
				  90-270.69(4);
Eff. February 1, 1994;
Amended Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0705 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
The following forms may be secured from the office of the
				  Board regarding professional corporations:
(1) Regulations adopted by the Board relating
				to Professional Corporations whose purpose is providing occupational therapy
				related services;
(2) Corp. Form 01
				- Certificate of Incorporator(s) and Application for a Certificate of
				Registration for a Professional Corporation;
(3) Corp. Form 02 - Certificate of
				Registration of a Professional Corporation for the Purpose of Providing
				Occupational Therapy Related Services;
(4) Corp. Form 03 - Application for Renewal
				of Certificate of Registration; and
(5) Corp. Form 04 - Certificate Authorizing
				Transfer of Stock in Professional Corporation Organized to Provide Occupational
				Therapy Related Services.
Authority
				  G.S.
				  55B-12;
				  90-270.69(4);
Eff. February 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0700 - PROFESSIONAL CORPORATIONS › Section 38 .0706 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Initial issuance of a Certificate of
				Registration requires a fee of fifty dollars ($50.00).
(b) Renewal of a Certificate of Registration
				requires a fee of twenty-five dollars ($25.00).
(c) Late renewal of a Certificate of
				Registration requires an additional fee of ten dollars ($10.00).
Authority
				  G.S.
				  55B-10;
				  55B-11;
				  55B-12;
				  90-270.69(4);
Eff. February 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0801 - CONTINUING COMPETENCE DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "AOTA Approved Provider Program" means a
				voluntary process of review and approval of continuing education (CE) providers
				by the American Occupational Therapy Association (AOTA) based on criteria and
				guidelines that assess a provider's ability to develop and implement CE
				activities that are relevant to the practice of occupational therapy.
(2) "Contact Hour" means a unit of measure
				for a continuing education activity. One contact hour equals 60 minutes in a
				learning activity, excluding meals and breaks.
(3) "Continuing Competence" means a process
				in which an occupational therapist or an occupational therapy assistant
				develops and maintains the knowledge, performance skills, interpersonal
				abilities, critical reasoning skills, and ethical practice reasoning skills
				necessary to perform his or her occupational therapy professional
				responsibilities.
(4) "Continuing
				Education" means structured educational experiences beyond academic degree work
				that are intended to provide knowledge in a particular area.
(5) "Continuing Education Credit" means
				credit given for a formalized activity in the form of contact hours or
				continuing education units.
(6)
				"Continuing Education Unit (CEU)" means a unit of measure for continuing
				education. One CEU is defined as 10 contact hours of participation in a
				learning activity excluding meals and breaks.
(7) "Peer Reviewed" means any written work
				that is blind reviewed by more than one person.
(8) "Points" means an assigned unit of
				measure for each continuing competence activity as set forth in Rule .0805 of
				this Section.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23, 2016;
Amended Eff.
				  January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0802 - CONTINUING COMPETENCE REQUIREMENTS FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Licensed occupational therapists and occupational therapy assistants applying
				for license renewal shall document having earned a minimum of 15 points for
				approved continuing competence activities between July 1 of the preceding year
				and June 30 of the current year. Documentation of each continuing competence
				activity shall comply with Rule .0805 of this Chapter.
(b) For each renewal period, the licensee
				shall document completion of at least one contact hour of a qualified activity
				for maintaining continuing competence related to ethics in the practice of
				occupational therapy that shall be included in the total points for the year.
				Continuing competence activities in ethics shall be related to developing the
				licensee's ability to reflect on, determine, and act on the moral aspects of
				practice as required by Rule .0308 of this Chapter.
(c) Continuing competence contact hours
				exceeding the total needed for renewal shall not be carried forward to the next
				renewal period.
(d) Continuing
				competence activities shall not include new employee orientation or annual
				training required by the employer.
(e) Licensees shall not receive credit for
				completing the same continuing competence activity more than once during a
				renewal period.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Amended Eff. January 1, 2015; February 1,
				  2014;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0803 - APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Provided the activities meet the
				requirements of Rule .0804, the Board shall approve:
(1) Continuing competence activities
				sponsored or approved by the North Carolina Occupational Therapy
				Association;
(2) Continuing
				competence activities sponsored or approved by the American Occupational
				Therapy Association; and
(3)
				Continuing competence activities sponsored by AOTA approved
				providers.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0804 - SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be approved by the Board, activities
				that qualify for maintaining continuing competence as set forth in Rule .0805
				of this Section must be related to the licensee's current or anticipated roles
				and responsibilities in occupational therapy by enhancing the licensee's
				continuing competence.
(b) Subject
				matter for approved activities include research; theoretical or practical
				content related to the practice of occupational therapy; or the development,
				administration, supervision, and teaching of clinical practice or service
				delivery programs by occupational therapists or occupational therapy
				assistants.
(c) Documentation of
				completion of continuing competence activities must be submitted to the Board
				as set forth in Rule .0805 of this Section.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23, 2016;
Amended Eff.
				  January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0805 - QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Activities that qualify for maintaining continuing competence
				  shall include the following:
(1)
				Continuing Education:
(a) Includes attendance
				and participation at a live presentation such as a workshop, seminar,
				conference, or in-service educational program and may include participation in
				other continuing education activities that require an assessment of learning.
				Examples of continuing education include electronic or Web-based courses, AOTA
				Self-Paced Clinical Courses or other formalized self-study courses, or AOTA
				Continuing Education Articles;
(b)
				A licensee shall earn one point for each contact hour that is awarded by the
				provider. There are no maximum points in this category; and
(c) Documentation shall include a certificate
				of completion including name of course, date, author/instructor, sponsoring
				organization, location, and number of hours attended.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0806 - WAIVER OF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall waive all or part of the continuing
				  competence activity requirements of this Section if an occupational therapist
				  or occupational therapy assistant submits written request for a waiver and
				  provides evidence to the satisfaction of the Board of an illness, injury,
				  financial hardship, family hardship, or other similar extenuating circumstance
				  which precluded the individual's completion of the requirements. The Board
				  shall add the unfulfilled continuing competence hours to the following year's
				  requirements.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0807 - DOCUMENTATION/REPORTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Licensees shall maintain the required proof of completion for each continuing
				competence activity as specified in the rules of this Section. The required
				documentation shall be retained by the licensee for two years following the
				last day of the license renewal period for which the continuing competence
				activities were earned.
(b)
				Licensees shall not send their continuing competence activity documentation to
				the Board unless audited or otherwise requested by the Board.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0800 - CONTINUING COMPETENCE ACTIVITY › Section 38 .0808 - AUDIT OF CONTINUING COMPETENCE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall perform a random audit of licensees' continuing competence activity
				requirements at least once during each licensing period.
(b) A licensee who is audited shall provide
				proof of completion of the continuing competency activities.
(c) A licensee who fails to comply with the
				continuing competence activity requirements of this Section shall be subject to
				disciplinary action that may include suspension or revocation of
				license.
Authority
				  G.S.
				  90-270.69;
				  90-270.75(a);
Eff. July 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS › Section 38 .0901 - NOTIFICATION OF SUPERVISION CHANGE

Current through Register Vol. 39, No. 2, July 15, 2024
Occupational therapy assistants and supervising occupational
				  therapists must notify the Board office in writing of any change in ceasing or
				  assuming supervision. The occupational therapist is responsible for supervision
				  of the occupational therapy assistant until official notice that supervision
				  has ceased is received at the Board office. Failure to notify the Board may
				  subject both the occupational therapist and occupational therapy assistant to
				  disciplinary action. Notices must be signed. Telephone or email notices shall
				  not be accepted.
Authority
				  G.S.
				  90-270.69;
Eff. July 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.