Subject: • Technical changes to Notice requirements and Time
for filing contested case hearing to comply with current law.
• Ability to collect payment for collecting mandatory workforce
• Ability to collect payment for collecting and processing
• Mandatory reporting of crimes.
Therapists in education keep school records for 7 years.
Rules Coordinator: Felicia Holgate—(971) 673-0198
Model Rules of Practice and
The following Model Rules of
Procedure promulgated by the Attorney General of the State of Oregon in effect
January 1, 2008 are adopted by the Board by Reference. These rules apply
to rulemaking and to the conduct of contested cases respectively:
[ED. NOTE: The full text of the
Attorney General’s Model Rules of Procedure is available from the office of the
Attorney General or the Occupational Therapy Licensing Board.]
Stat. Auth.: ORS 183, 675.320(11),
(13) & (14)
Hist.: OTLB 1-1978, f. & ef. 6-12-78; OTLB 1-1980, f. & ef.3-12-80;
OTLB 1-1982, f. & ef.2-4-82; OTLB 1-1985, f.
& ef.1-8-85; OTLB 1-1986, f. & ef.2-10-86; OTLB 2-1990, f. & cert. ef.12-20-90;
OTLB 1-2001, f. & cert. ef.1-12-01; OTLB 1-2011,
f. 6-13-11, cert. ef. 7-1-11
Time for Requesting a Contested
A request for a contested case hearing must be in
writing and must be received by the Board within thirty days from the date the
contested case notice was served.
Stat. Auth.: ORS 675.320(10)
Stats. Implemented: ORS 183.341
Hist.: OTLB 1-2001, f. & cert.
ef. 1-12-01; OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
Fees are non refundable. Two year licenses shall be issued to all licensees in even-numbered years at the fee
schedule listed below. On a case-by-case basis the Board may approve the issuance
of a one-year license.
(1) The fee for an initial Oregon or out of state
occupational therapy license by endorsement is $100. The Board may also assess
the actual cost of conducting a background check,
(2) The two-year renewal fee issued for the
occupational therapy license is $ 150. The Board may also assess the actual
cost to the Board of conducting workforce demographics surveys.
(3) The fee for an initial Oregon or out of state
occupational therapy assistant license is $70. The Board may also assess the
actual cost of conducting a background check,
(4) The two-year renewal fee for the occupational
therapy assistant license is $ 100. The board may also assess the actual cost
to the Board of conducting workforce demographics surveys.
(5) The fee for a limited permit is $25 and may not be
(6) The fee for delinquent payment is $50 and is due on
renewal applications not renewed before May 1.
Stat. Auth.: ORS 675.320(6)
Hist.: OTLB 1-1989(Temp), f.
9-14-89, cert. ef. 10-3-89; OTLB 1-1990, f. & cert. ef.3-20-90; OTLB 1-1995, f. 2-15-95, cert. ef.4-1-95; OTLB 1-2004, f. & cert. ef.6-3-04;
OTLB 1-2007, f. & cert. ef.8-1-07; OTLB 1-2010,
f. 1-5-10, cert. ef.3-1-10; OTLB 1-2011, f. 6-13-11,
cert. ef. 7-1-11
The Board may require fingerprints from any applicants
for a license as an occupational therapist or occupational therapy assistant, a
limited permit, an applicant to reinstate a lapsed license, and applicant or
licensee under investigation to determine their fitness. The fingerprints will
be on forms prescribed by the Board. The Board will provide information on
where acceptable fingerprints may be obtained and what acceptable procedure is
to be used for submitting them. The Board will use the fingerprints to conduct
Criminal History Checks. Fingerprint cards will be destroyed as required by
Stat. Auth.: ORS 675.320; Other
Auth.: OAR 339-005-0000
Hist.: OTLB 1-2011, f. 6-13-11,
cert. ef. 7-1-11
Name, Address and Telephone Number
(1) Every applicant, licensee and limited permit holder
shall keep on file with the Board their:
(a) legal name;
(b) Home address which must
include a residential address and may also include a post office box number;
(c) A current contact telephone number and electronic
mail address, if available;
(d) The name, address and telephone number of their
current employer or place of business;
(e) A current designated mailing address.
(2) Whenever an applicant, licensee or limited permit
holder legally changes their name, they shall notify the Board in writing
within 30 days of the name change and provide the legal documentation of the
(3) Whenever an applicant, licensee or limited permit
holder changes their home address, their employer or place of business, their
contact telephone number, electronic mail address or their mailing address,
they shall notify the Board in writing within 30 days. Written notification may
be by regular mail, electronic mail or facsimile.
(4) Unless requested for a public health or state
health planning purpose or unless extenuating circumstances exist, the Board
will withhold the personal electronic mail, address, home address, and personal
telephone number of a licensee.
Stat. Auth.: ORS 675.320; Other
Auth.: OAR 339-005-0000
Hist.: OTLB 1-2011, f. 6-13-11,
cert. ef. 7-1-11
(1) Unprofessional conduct relating to patient/client
safety, integrity and welfare includes:
(a) Intentionally harassing, abusing, or intimidating a
patient/client, either physically or verbally;
(b) Intentionally divulging, without patient/client
consent, any information gained in the patient relationship other than what is
required by staff or team for treatment;
(c) Engaging in assault and/or battery of
(d) Failing to respect the dignity and rights of
patient/client, regardless of social or economic status, personal attributes or
nature of health problems;
(e) Engaging in sexual improprieties or sexual contact
(f) Offering to refer or referring a patient/client to
a third person for the purpose of receiving a fee or other consideration from the
third person or receiving a fee from a third person for offering to refer or
referring a patient/client to a third person;
(g) Taking property of patient/client without consent.
(2) Unprofessional conduct relating to professional
(a) Engaging in any professional activities for which
licensee is not currently qualified;
(b) Failing to maintain competency;
(c) Failing to provide a comprehensive service that is
compatible with current research and within an ethical and professional framework;
(d) Failing to obtain a physician’s referral in
situations where an OT is using a modality not specifically defined in ORS
(e) Failing to provide professional occupational
therapy based on evaluation of patient’s/client’s needs and appropriate
(f) Using an occupational therapy aide in violation of
the law or Board rules regarding occupational therapy.
(3) Unprofessional conduct relating to the Board
(a) Practicing occupational therapy without a current
(b) Failing to renew license in a timely manner;
(c) Failing to provide the Board with any documents
requested by the Board;
(d) Failing to answer truthfully and completely any
question asked by the Board;
(e) Failing to provide evidence of competency when
(f) Violating the Practice Act, Board rules or Board
(4) Unprofessional conduct relating to impaired
(a) Engaging in or assisting in the practice of
occupational therapy while impaired by alcohol or other drugs;
(b) Use of alcohol or other drugs in a manner that
creates a risk of harm to patient/client;
(c) Engaging in the practice of occupational therapy
while one’s ability to practice is impaired by reason of physical or mental
disability or disease.
(5) Unprofessional conduct relating to federal or state
law or rules:
(a) Intentionally making or filing a false or
misleading report or failing to file a report when it is required by law or
third person or intentionally obstructing or attempting to obstruct another
person from filing such report;
(b) Obtaining or attempting to obtain compensation by
(c) Engaging in assault and/or battery of any person;
(d) Conviction of a crime or engaging in any act which
the Board determines substantially relates to the practice of occupational
therapy or indicates an inability to safely and proficiently engage in the
practice of occupational therapy; or failing to notify the Board within 10
working days of a conviction of a misdemeanor, or an arrest for or conviction
of a felony;
(e) Disciplinary actions imposed by another
professional licensing body based on acts by the licensee similar to acts
giving rise to discipline under the Practice Act or rules of the Board;
(f) Engaging in false, misleading or deceptive
(g) Fails to notify the appropriate licensing board of
any conduct by another licensed medical provider when the licensee has
reasonable cause to believe that the medical provider has engaged in prohibited
or unprofessional conduct. As used in this subparagraph, “prohibited conduct”
means a criminal act against a patient or a criminal act that creates a risk of
harm to a patient and “unprofessional conduct” means conduct unbecoming a
medical provider or detrimental to the best interests of the public, including
conduct contrary to recognized standards of ethics of the medical provider’s
profession or conduct that endangers the health, safety or welfare of a
(h) Fails to notify the Board of a change in the
licensee’s name, address, contact telephone number or place of employment or
business as required by OAR 339-010-0018.
Hist.: OTLB 1-1979, f. & ef. 6-7-79; OTLB
1-1988, f. & cert. ef.1-29-88; OTLB 1-1994, f.
& cert. ef.1-24-94; OTLB 1-1996, f. & cert.
ef.4-16-96; OTLB 1-1999, f. & cert. ef.10-27-99; OTLB 1-2001, f. & cert. ef.1-12-01;
OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
Occupational Therapy Services for
Children and Youth in Education and Early Childhood Programs regulated by
(1) Definitions: This rule applies to all occupational
therapy practitioners who include both occupational therapists and occupational
therapy assistants as defined in OAR 339-010-0005. All other rules regarding
Occupational Therapy practitioners apply notwithstanding what is found in these
rules as they apply to practitioners in the education setting.
(a) “Children and youth” refers to a child or student
determined to be eligible for services under IDEA or Section 504. Part B under
IDEA describes requirements for the provision of special education services for
preschool and school-age children and youth, ages 3 through 21 years. Part C, or
the early intervention program, focuses on services for infants and toddlers
with disabilities and their families. Section 504 and the Americans With
Disabilities Act (ADA 1990) define a person with a disability as “any person
who has a physical or mental impairment that substantially limits one or more
major life activities…” and require a public school system to provide needed
accommodations or services.
(b) “Service plans” document the program of services
and supports necessary to meet a child’s developmental or educational needs
under the IDEA. These specify the need for occupational therapy services and
include: the individualized family services plan (IFSP) for infants, toddlers
and preschoolers; the individualized education plan
(IEP) or a Section 504 Plan for school-age youth.
(c) “Educational or developmental goals” are developed
collaboratively by a multi-disciplinary early intervention or educational team,
which includes an occupational therapist as a related service provider, when
areas of occupational performance have been identified.
(d) “Natural environment” refers to the most
appropriate setting for the child to develop the skills needed for occupational
(e) “Educational environments” refers to home;
community; day care; preschool, or the general and special education settings.
(f) “Evaluation” is the process of gathering
information to make decisions about a student’s or child’s strengths and
educational or developmental needs.
(g) “Assessments” are the specific methods or measures
used to gather data for the evaluation.
(2) The Occupational Therapy Process:
(a) Evaluation: The occupational therapist is
responsible for the occupational therapy evaluation.
(A) The occupational therapist selects assessment
methods that focus on identifying factors that act as supports or barriers to
engagement in occupations. The initial occupational therapy evaluation should
include analysis of the child’s ability to access the natural or educational
environment for learning.
(B) The occupational therapist must participate in
decisions about the need for occupational therapy services, development of
functional, measurable goals and determining which educational or developmental
goals occupational therapy will support.
(C) The occupational therapist determines the types,
frequency and duration of interventions, as well as accommodations and
modifications of the environment.
(D) Screening to determine the need for an occupational
therapy evaluation does not constitute initiation of occupational therapy
(b) Intervention: The occupational therapy practitioner
may implement occupational therapy services, along a continuum, which may
include the following:
(A) Direct intervention is the therapeutic use of
occupations and activities with the child present, individually or in groups.
(B) Consultation is collaborative problem solving with
parents, teachers, and other professionals involved in a child’s program.
(C) The education process is imparting generalized
knowledge and information about occupation and activity and does not address an
individual child’s specific education plan.
(c) Outcomes: The occupational therapist should review
the intervention on an ongoing basis and dependent on the child’s response,
modify as needed.
(3) Delegation of therapeutic activities:
(a) The occupational therapy practitioner may instruct
others, such as educational or daycare staff, to carry out a specific activity
or technique designed to support the child’s the performance.
(b) The designated person must be able to demonstrate
the technique as instructed, recount the restrictions, safety factors and
(c) The occupational therapy practitioner is
responsible for ongoing monitoring of the trained person and modifying the
procedures based on outcomes and other changes.
(d) When considering the delegation of techniques the
child’s health and safety must be maintained at all times.
(a) The occupational therapy practitioner must document
evaluation, goals, interventions and outcomes if they are not included in the
(b) Documentation should reflect the child’s current
status, progress towards goals, response to interventions, and strategies that
were promising or ineffective.
(c) The occupational therapist should utilize a method
of data collection that allows for concise and accurate recording of
intervention and progress.
(d) The occupational therapy practitioner is
responsible for the analysis of data collected to verify progress and the
documentation of their own activities to accomplish the goals.
(e) School records shall be kept for a minimum of seven
Hist.: OTLB 2-1993(Temp), f. &
cert. ef. 7-1-93; OTLB 1-1994, f. & cert. ef.1-24-94; OTLB 1-1999, f. & cert. ef.10-27-99;
OTLB 1-2005, f. & cert. ef.8-11-05; OTLB 1-2008,
f. 11-25-08, cert. ef.1-1-09; OTLB 1-2011, f.
6-13-11, cert. ef. 7-1-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.