Code of Vermont Rules › Agency 04 - SECRETARY OF STATE › Sub-Agency 030 - OFFICE OF PROFESSIONAL REGULATION › Chapter 190 - ADMINISTRATIVE RULES FOR OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS › Section 04 030 190 - ADMINISTRATIVE RULES FOR OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

Current through June, 2024
Part 1 GENERAL INFORMATION
Section 1.1 THE PURPOSE OF LICENSURE
The Director of Professional Regulation (who is referred to as
				"the Director" in this rule) has been given power by Vermont law to license
				occupational therapists and occupational therapy assistants in order to protect
				the public health, safety and welfare. This is done by setting standards for
				issuing licenses, licensing only qualified applicants and regulating license
				holders and their practices.
Section
			 1.2 BUSINESS LOCATION
The Director's business location is c/o Secretary of State,
				Office of Professional Regulation, 26 Terrace Street, Montpelier (the Office).
				Mailing address:
Secretary of State
Office of Professional Regulation
26 Terrace Street Drawer 09
Montpelier, Vermont 05609
The telephone number is (802) 828-2363.
An interested person may get copies of these rules and more
				information about licensure and its requirements and procedures by writing or
				telephoning the Office.
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			 1.3 ADVISORS TO THE DIRECTOR OF PROFESSIONAL REGULATION
The Secretary of State appoints two occupational therapists to
				serve as advisors who help the Director carry out the program and advise the
				Director on such matters as selecting an examination, setting a passing score,
				making administrative rules, and approving or denying licensure. The Director
				refers disciplinary matters to an administrative law officer.
Section 1.4 LAWS THAT GOVERN LICENSURE
The practice of occupational therapy is governed by a specific
				state law that establishes responsibilities for setting standards, issuing
				licenses and regulating the profession. In addition, the Director is obligated
				to ensure compliance with several other state laws, including the
				Administrative Procedure Act ( 3 V.S.A. §§ 801-847 ), the Open
				Meeting law ( 1 V.S.A. §§ 311-314 ) and the Access to Public Records
				law ( 1 V.S.A. §§ 315-320 ). These laws spell out the rights of
				applicants, license holders and members of the public. A copy of these laws may
				be obtained by contacting a town clerk or librarian. Most have copies of these
				statutes.
Section 1.5 RULES,
			 RULEMAKING AND DECLARATORY RULINGS
(a)
			 Requests for the adoption, amendment or repeal of any of these rules may be
			 sent to the Office. Such requests must be in writing, addressed to the
			 Director. The Director will, within 30 days, initiate rulemaking procedures for
			 the rule's adoption, adopt a procedure, or deny the request in
			 writing.
(b) Requests for
			 declaratory rulings as to the applicability of any statutory provisions or any
			 rule or order may be sent to the Director. Such requests must be in writing,
			 and must show the existence of a real controversy, not just a hypothetical
			 question. A declaratory ruling is binding upon the parties to the ruling and
			 the Director. The requests will be considered at the Advisory Committee's next
			 regular meeting. Within 30 days of a decision, the parties will be notified in
			 writing.
(c) In the absence of real
			 controversy, the Director may issue an advisory opinion, or may decline to
			 address the question presented in a request for declaratory ruling. An advisory
			 opinion is not binding on the requestor, other license holders, or the
			 Director. Within 30 days of a decision the requestor will be notified in
			 writing.