IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT
(1) "Supervision," is a process in which two or more people participate in a joint effort to promote, establish, maintain and/or evaluate a level of performance. The occupational therapist is responsible for the practice outcomes and documentation to accomplish the goals and objectives. Levels of supervision:
(a) "Close supervision" requires daily, direct contact in person at the work site;
(b) "Routine supervision" requires the supervisor to have direct contact in person at least every two weeks at the work site or via telehealth as defined in OAR 339-010-0006(9) with interim supervision occurring by other methods, such as telephone or written communication;
(c) "General supervision" requires the supervisor to have at least monthly direct contact in person with the supervisee at the work site or via telehealth as defined in OAR 339-010-0006(9) with supervision available as needed by other methods.
(2) "Leisure," as it is used in ORS 675.210(3) means occupational behavior that is developed as part of an individual occupational therapy evaluation and treatment process. This process is goal oriented toward the maximum health of the patient by the interaction of self-care, work and leisure, and is not used as an isolated recreation activity. The use in this way does not include leisure activities as used by therapeutic recreation specialists.
(3) "Licensed occupational therapy practitioner," for purposes of these rules, means an individual who holds a current occupational therapist or occupational therapy assistant license.
(4) "Occupational therapy aide," as it is used in OAR 339-010-0055, means an unlicensed worker who is assigned by the licensed occupational therapy practitioner to perform selected tasks.
(5) "Mentorship," as it is used in these rules, is a collaborative experience of direct contact between currently licensed occupational therapy practitioners for the purpose of updating professional skills. Mentorship may include, but is not limited to, mentee observation of the mentor's practice, classroom work, case review and discussion, and review and discussion of professional literature.
(6) "Occupational Therapy" further defines scope of practice as meaning the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for the purpose of promoting health and wellness and to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life:
(a) Occupational Therapists use selected methods or strategies to direct the process of interventions such as:
(A) Establish, remediate or restore skill or ability that has not yet developed or is impaired;
(B) Compensate, modify, or adapt activity or environment to enhance performance;
(C) Maintain and enhance capabilities without which performance in everyday life activities would decline;
(D) Promote health and wellness to enable or enhance performance in everyday life activities;
(E) Prevent barriers to performance, including disability prevention.
(b) Occupational Therapists evaluate factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including:
(A) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems);
(B) Habits, routines, roles and behavior patterns;
(C) Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance;
(D) Performance skills, including motor, process, and communication/interaction skills.
(c) Occupational Therapists use the following interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including
(A) Therapeutic use of occupations, exercise, and activities;
(B) Training in self-care, self-management, home management and community/work reintegration;
(C) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavior skills;
(D) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process;
(E) Education and training of individuals, including family members, caregivers, and others;
(F) Care coordination, case management, and transition services;
(G) Consultative services to groups, programs, organizations, or communications;
(H) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles;
(I) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devise, and orthotic devices, and training in the use of prosthetic devices;
(J) Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management;
(K) Driver rehabilitation and community mobility;
(L) Management of feeding and eating to enable swallowing performance;
(M) Application of physical agent modalities, and use of a range of specific therapeutic procedures (such as wound care management; techniques to enhance sensory, perceptual, and cognitive processing, manual therapy techniques) to enhance performance skills as they relate to occupational therapy services.
Stat. Auth.: ORS 675.320(11), (13) &
Stats. Implemented: ORS 675.210(4) & 675.320(13)
Hist.: OTLB 1-1979, f. & ef. 6-7-79; OTLB 1-1988, f. & cert. ef. 1-29-88; OTLB 2-1990, f. & cert. ef. 12-20-90; OTLB 1-1996, f. & cert. ef. 4-16-96; OTLB 1-1999, f. & cert. ef. 10-27-99; OTLB 2-2003, f. & cert. ef. 9-11-03; OTLB 1-2005, f. & cert. ef. 8-11-05; OTLB 1-2007, f. & cert. ef. 8-1-07; OTLB 3-2016, f. & cert. ef. 10-28-16; OTLB 2-2017, f. & cert. ef. 2-15-17; OTLB 4-2017, f. & cert. ef. 3-13-17
Standards of Practice for Telehealth
(1) "Telehealth" is defined as the use of interactive audio and video, in real time telecommunication technology or store-and-forward technology, to deliver health care services when the occupational therapist and patient/client are not at the same physical location. Its uses include diagnosis, consultation, treatment, prevention, transfer of health or medical data, and continuing education.
(2) Telehealth is considered the same as Telepractice for Occupational Therapists working in education settings; and Teletherapy and Telerehab in other settings.
(3) In order to provide occupational therapy services via telehealth to a patient/client in Oregon, the occupational therapist providing services to a patient/client must have a valid and current license issued by the Oregon OT Licensing Board. Oregon licensed Occupational Therapists using telehealth technology with a patient/client in another state may also be required to be licensed in the state in which the patient/client receives those services and must adhere to those state licensure laws.
(4) Occupational therapists shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of occupational therapy services via telehealth and maintain documentation in the patient's or client's health record.
(5) Occupational therapists shall secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law.
(6) When providing occupational therapy services via telehealth, an occupational therapist shall determine whether an in-person evaluation is necessary and make every attempt to ensure that a therapist is available if an on-site visit is required.
(a) If it is determined in-person interventions are necessary, every attempt must be made to ensure that an on-site occupational therapist or occupational therapy assistant shall provide the appropriate interventions.
(b) The obligation of the occupational therapist to determine whether an in-person re-evaluation or intervention is necessary continues during the course of treatment.
(7) In making the determination whether an in-person evaluation or intervention are necessary, an occupational therapist shall consider at a minimum:
(a) The complexity of the patient's/client's condition;
(b) His or her own knowledge skills and abilities;
(c) The patient's/client's context and environment;
(d) The nature and complexity of the intervention;
(e) The pragmatic requirements of the practice setting; and
(f) The capacity and quality of the technological interface.
(8) An occupational therapist or occupational therapy assistant providing occupational therapy services via telehealth must:
(a) Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of delivery of occupational therapy services;
(b) Provide services consistent the AOTA Code of Ethics and Ethical Standards of Practice; and comply with provisions of the Occupational Therapy Practice Act and its regulations.
(9) Supervision of Occupational Therapy Assistant under 339-010-0035 for routine and general supervision, can be done through telehealth, but cannot be done when close supervision as defined in 339-010-0005 is required. The same considerations in (7)(A) through (F) must be considered in determining whether telehealth should be used.
(10) An Occupational Therapist who is supervising a fieldwork student must follow the ACOTE standards and other accreditation requirements.
(11) Failure to comply with these regulations shall be considered unprofessional conduct under OAR 339-010-0020.
Stat. Auth.: ORS 675.320(8)
Stats. Implemented: ORS 675.320
Hist.: OTLB 2-2014, f. & cert. ef. 11-20-14; OTLB 2-2015, f. & cert. ef. 3-27-15
Occupational Therapy in Mental Health and Behavioral Health Practice
Pursuant to ORS 675.210 defining the practice of Occupational Therapy, occupational therapists and occupational therapy assistants, use analysis and purposeful activity with individuals across their lifespan who are limited by psycho-social dysfunctions, or mental or behavioral disabilities.
(1) Occupational therapists address barriers to optimal functioning at the all levels with:
(a) Individuals (body functions, cognitive functions, values, beliefs, spirituality, motor skills, cognitive skills, and social skills);
(b) Groups (collective individuals, e.g. families, workers, students, or community); and
(c) Populations (collective groups of individuals living in a similar locale, e.g., city, state, or country residents, people sharing same or like concerns).
(2) Occupational therapy practitioners perform evaluations and interventions that focus on enhancing existing skills, creating opportunities, promoting wellness, remediating or restoring skills, modifying or adapting the environment or activity, and preventing relapse.
(3) Occupational therapists and Occupational therapy assistants use a recovery model to increase the ability of individuals, groups, and populations to be engaged with daily life activities that are meaningful; lead to productive daily roles, habits, and routines; and promote living as independently as possible.
(4) Services for individuals with mental illness are client centered and may be provided to individuals in the community, hospitals, correctional institutions, homes, schools or other educational programs, workplace, or any other setting.
(5) Occupational therapists may provide behavioral and mental health preliminary “diagnosis” using standard terminology and taxonomy such as DSM or ICD, through observation of symptoms and mental health assessment, confirmed by prescribing physician and health care team.
Stat. Auth.: ORS 675.320(8)
Stats. Implemented: ORS 675.320
Hist.: OTLB 1-2014, f. & cert. ef. 10-9-14
Recognition of Education Programs
(1) Pursuant to ORS 675.240(1), the Board recognizes educational programs for occupational therapists currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference.
(2) Pursuant to ORS 675.250(2), the Board recognizes educational programs for occupational therapy assistants currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference.
[ED. NOTE: The Exhibit referenced in this rule is not printed in the OAR Compilation. Copies may be obtained from the agency.]
Stat. Auth.: ORS 675.230, ORS 675.240, ORS 675.250, ORS 675.300 & ORS 675.310
Hist.: OTLB 1-1979, f. & ef. 6-7-79; OTLB 1-1988, f. & cert. ef. 1-29-88; OTLB 2-1990, f. & cert. ef. 12-20-90; OTLB 1-1994, f. & cert. ef. 1-24-94; OTLB 1-2001, f. & cert. ef. 1-12-01
Background Checks and Fingerprinting Requirements
The Board may require Oregon or National criminal history checks, including fingerprints or other background checks such as the Law Enforcement Data System (LEDS), 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 law.
Stat. Auth.: ORS 675.320; Other
Auth.: OAR 339-005-0000
Hist.: OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11; OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12
Law Ethics Exam Requirement
Applicants for licensure for an Oregon Occupational Therapy license shall be required to take and successfully pass an Oregon Law/ethics examination with a passing score set by the board.
Stat. Auth.: ORS 675.320 &
Hist.: OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12
License Examinations Approved by the Board
(1) Pursuant to ORS 675.240(1)(b) and (2), the Board adopts the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapist.
(2) Pursuant to ORS 675.250(3), the Board approves the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapy assistant.
Stat. Auth.: ORS 675.230, ORS 675.240, ORS 675.250, ORS 675.300 & ORS 675.310
Stats. Implemented: ORS 675.210(4), ORS 675.240(1) & (2), ORS 675.250(2) & (3), ORS 675.300(1)(a) & ORS 675.320(11)
Hist.: OTLB 1-1979, f. & ef. 6-7-79; OTLB 2-1986, f. & ef. 6-27-86; OTLB 1-1988, f. & cert. ef. 1-29-88; OTLB 2-1990, f. & cert. ef. 12-20-90; OTLB 1-1994, f. & cert. ef. 1-24-94; OTLB 1-1999, f. & cert. ef. 10-27-99
CE Requirements for Applicants for Licensure
(1) All applicants for licensure who have passed the NBCOT certification examination and have been unlicensed for up to three years will need 15 points of board approved continuing education a year prior to becoming licensed in Oregon.
(2) All applicants for licensure who have passed the NBCOT certification examination more than a one year ago and have been unlicensed for more than three years will:
(a) Successfully complete a Board approved Re-Entry Program specifically designed for occupational therapists preparing them for re-entry into the field of occupational therapy; or
(b) Successfully retake and pass the NBCOT examination within the previous year.
(3) The Board has the discretion to waive requirement for license application requirements.
Stat. Auth.: ORS 675.320(10) & (11)
Hist.: OTLB 1-2005, f. & cert. ef. 8-11-05
Name, Address and Telephone Number of Record
(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 name change.
(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 patient/client;
(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 with patient/client;
(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.
(h) Failing to follow principles and related standards of conduct as defined in the Occupational Therapy Code of Ethics (2015), by the American Occupational Therapy Association, to the extent they do not conflict with ORS 675.210 through 675.340.
(2) Unprofessional conduct relating to professional competency includes:
(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 675.210(3);
(e) Failing to provide professional occupational therapy based on evaluation of patient's/client's needs and appropriate treatment procedures;
(f) Using an occupational therapy aide in violation of the law or Board rules regarding occupational therapy.
(3) Unprofessional conduct relating to the Board includes:
(a) Practicing occupational therapy without a current Oregon license;
(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 requested;
(f) Violating the Practice Act, Board rules or Board Orders;
(4) Unprofessional conduct relating to impaired function includes:
(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 misrepresentation;
(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 advertising.
(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 patient.
(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.
Stat. Auth.: ORS 675.230, 675.240, 675.250,
675.300 & 675.310
Stats. Implemented: ORS 675.300(1)(a)
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; OTLB 1-2017, f. & cert. ef. 1-27-17; OTLB 3-2017, f. & cert. ef. 2-16-17
Imposition of Civil Penalties
(1) Imposition of a civil penalty does not preclude disciplinary sanction against the occupational therapist's/occupational therapy assistant's license. Disciplinary sanction against the occupational therapist's/occupational assistant/s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense.
(2) The civil penalty shall be payable to the Board by cash, cashier's check or money order.
(3) Civil penalties shall be imposed according the following schedule in the absence of a finding of aggravating or mitigating circumstances (per OAR 339-010-0022):
(a) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and ORS 675.222 without a current Oregon license or limited permit due to nonpayment of fees:
(A) Date license lapses to six months, $100;
(B) Six months to twelve months, $200;
(C) One year to two years, $500;
(D) Two years and up, $1,000.
(b) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and ORS 675.222 without a current Oregon license or limited permit, not related to nonpayment of fee, $1,000;
(c) Unprofessional conduct by a licensee or limited permittee, $1,000;
(d) Violation of ORS 675.210 to 675.340 or any rule of the Board unless otherwise provided in this schedule, $1,000;
(e) Gross negligence in the practice of occupational therapy, $1,000;
(f) Knowingly employing an individual to practice occupational therapy when the individual does not have a current, valid Oregon license or permit, $1,000;
(g) Knowingly making a false statement to the Board, $1,000;
(h) Practicing occupational therapy outside the scope for which the license or permit is issued, $1,000;
(i) Obtaining or attempting to obtain a license or permit or a renewal of a license or permit by bribery or misrepresentation, $1,000;
(j) Purporting to be a licensee or permittee when the person does not hold a valid license or permit, $1,000;
(k) Practicing occupational therapy under a false or assumed name, $500;
(l) Conviction of a crime where such crime bears a demonstrable relationship to the practice of occupational therapy, $1,000;
(m) Undertaking to act as an occupational therapy assistant independently of the supervision of an occupational therapist licensed by the Oregon Occupational Therapy Licensing Board, $500.
(4) The Board shall report to the National Board for Certification in Occupational Therapy all cases of disciplined licensees.
Stat. Auth.: ORS 675.320(10)
Stats. Implemented: ORS 675.336 & ORS 675.337
Hist.: OTLB 1-2001, f. & cert. ef. 1-12-01
Aggravation and Mitigation
After misconduct has been established, aggravating and mitigating circumstances may be considered in deciding what sanction to impose. The following factors will be considered in determining the dollar amount to include, but not limited to:
(b) Damage and injury to client;
(c) Potential danger to public health, safety and welfare;
(d) Severity and duration of the incident;
(e) Prior disciplinary offenses;
(f) A pattern of misconduct;
(g) Multiple offenses;
(h) Full and free disclosure to disciplinary board or cooperative attitude toward proceeding;
(i) Refusal to acknowledge wrongful nature of conduct;
(j) Timely good faith effort to make restitution or to rectify consequences of misconduct;
(k) Economic impact on the person being sanctioned;
(l) Physical or mental disability or impairment;
(m) Interim rehabilitation;
(n) Imposition of other penalties or sanctions.
Stat. Auth.: ORS 675.320(10)
Stats. Implemented: ORS 183.090 & ORS 675.337
Hist.: OTLB 1-2001, f. & cert. ef. 1-12-01
(1) Each applicant for license renewal shall submit to the Board on or before May 1 of each even numbered year a completed license renewal application, CE log and appropriate renewal fee. The renewal fees are non-refundable.
(2) Failure to submit a renewal application, CE log and appropriate fee by May 1 may result in a civil penalty imposed on the applicant.
Stat. Auth.: ORS 675.320(10)(11)
Stats. Implemented: ORS 675.336 & 675.337
Hist.: OTLB 1-2001, f. & cert. ef. 1-12-01; OTLB 1-2004, f. & cert. ef. 6-3-04; OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
Supervised Field Work
For purposes of ORS 675.240(1) and 675.250(4), applicants who have successfully completed training and experience in the practice of occupational therapy as part of a planned program of study in an occupational therapist or occupational therapy assistant educational program approved by the Board shall be considered to have received supervised field work.
Stat. Auth.: ORS 675.320 (10)
Stats. Implemented: ORS 675.210(4), ORS 675.240(1) & (2), ORS 675.250(2) & (3), ORS 675.300 (1)(a) & ORS 675.320(11)
Hist.: OTLB 2-1986, f. & ef. 6-27-86; OTLB 1-1999, f. & cert. ef. 10-27-99
Statement of Supervision for Occupational Therapy Assistant
(1) Any person who is licensed as an occupational therapy assistant may assist in the practice of occupational therapy only under the supervision of a licensed occupational therapist.
(2) Before an occupational therapy assistant assists in the practice of occupational therapy, he/she must file with the Board a current statement of supervision of the licensed occupational therapist who will supervise the occupational therapy assistant.
(3) An occupational therapy assistant always requires at least general supervision.
(4) The supervising occupational therapist shall provide closer supervision where professionally appropriate.
(5) The supervisor, in collaboration with the supervisee, is responsible for setting and evaluating the standard of work performed.
Stat. Auth.: ORS 675.320(11), (13) & (14)
Stats. Implemented: ORS 675.210(4)
Hist.: OTLB 2-1986, f. & ef. 6-27-86; OTLB 2-1990, f. & cert. ef. 12-20-90; OTLB 1-1996, f. & cert. ef. 4-16-96; OTLB 1-1999, f. & cert. ef. 10-27-99; OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
(1) Students who have successfully completed the educational and field work requirements and students who receive their eligibility to take the NBCOT certification examination, but do not yet have their test results, may apply for a limited permit to practice occupational therapy under at least routine supervision (as defined in OAR 339-010-0005(1)(b)) of an Oregon licensed occupational therapist.
(2) Persons practicing occupational therapy in another country who are graduates of a World Federation of Occupational Therapists' approved school may apply for a limited permit. Applicants must present proof of eligibility to take the next certification exam.
(3) Applicants under sections (1) and (2) of this rule:
(a) Shall submit an application on a form provided by the Board with payment of a permit fee of $25;
(b) Must submit an official transcript and/or other verification of having successfully completed academic and supervised field work requirements as set forth in ORS 675.240 and 675.250;
(c) Must show evidence of being approved to take the next certification examination.
(4) An Oregon licensed occupational therapist must sign the limited permit application verifying a supervisory role to the applicant.
(5) A limited permit may not be issued to applicants who have taken and failed the certification examination, and limited permits may not be renewed.
(6) A person who fails the exam must immediately surrender the limited permit upon receipt of examination scores.
(7) The Board may grant an extension of a limited permit to persons who, because of extenuating circumstances, are unable to take the scheduled certification examination. Request must be made in writing to the Board.
Stat. Auth.: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
Stats. Implemented: ORS 675.320(13)
Hist.: OTLB 1-1988, f. & cert. ef. 1-29-88; OTLB 2-1990, f. & cert. ef. 12-20-90; OTLB 1-1996, f. & cert. ef. 4-16-96; OTLB 1-2006, f. & cert. ef. 12-28-06
Occupational Therapy Services for Children and Youth in Education and Early Childhood Programs Regulated by Federal Laws
(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 performance.
(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 services.
(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 precautions.
(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 service plan.
(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 years.
Stat. Auth.: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
Stats. Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
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
Occupational Therapy Aides Tasks
(1) An "aide" is a person who provides support services to an occupational therapist and occupational therapy assistant, but is not licensed by the Occupational Therapy Licensing Board. Any aide who is working with or supporting patients, and is performing activities covered under the occupational therapy plan of treatment, is considered an occupational therapy aide. The occupational therapy practitioner is responsible for the overall use and actions of the aide, and must ensure the competency of the aide performing the assigned tasks.
(2) An occupational therapist or occupational therapy assistant may supervise the aide. When the aide is performing treatment related tasks, the supervising occupational therapy practitioner must be within sight or earshot of the aide, and must be immediately available at all times to provide in-person direction, assistance, advice, or instruction to the aide.
(3) Treatment related tasks that the aide may assist with under the direct supervision of the occupational therapy practitioner include:
(a) Routine transfers;
(b) Routine care of patient's personal needs during the course of treatment;
(c) Execution of a well-established routine activity and/or exercise;
(d) Assisting the occupational therapy practitioner as directed during the course of treatment.
(4) Non-treatment related tasks that may be performed by the occupational therapy aide include:
(d) Supply ordering;
(e) Equipment maintenance;
(f) Fabrication of generic strapping material for splints;
(g) Transporting patients;
(h) Preparation of the work area or equipment.
(5) An aide does not provide skilled occupational therapy services in any practice setting. These rules do not apply to school aides and occupational therapists working in school settings. The rules on aides in the education setting are found in OAR 339-010-0050.
Stat. Auth.: ORS 675.320(11)
Stats. Implemented: ORS 675.320(11)
Hist.: OTLB 1-1996, f. & cert. ef. 4-16-96; OTLB 1-1999, f. & cert. ef. 10-27-99; OTLB 1-2006, f. & cert.ef. 12-28-06
State Archives • 800 Summer St. NE • Salem, OR 97310