2570. This chapter may be cited as the Occupational Therapy
Practice Act.
2570.1. The Legislature finds and declares that the practice of
occupational therapy in California affects the public health, safety,
and welfare and there is a necessity for that practice to be subject
to regulation and control.
2570.2. As used in this chapter, unless the context requires
otherwise:
(a) "Appropriate supervision of an aide" means that the
responsible occupational therapist or occupational therapy assistant
shall provide direct in-sight supervision when the aide is providing
delegated client-related tasks and shall be readily available at all
times to provide advice or instruction to the aide. The occupational
therapist or occupational therapy assistant is responsible for
documenting the client's record concerning the delegated
client-related tasks performed by the aide.
(b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy.
(c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
(d) "Board" means the California Board of Occupational Therapy.
(e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
(f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
(g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board to practice
occupational therapy under this chapter. Only the occupational
therapist is responsible for the occupational therapy assessment of a
client, and the development of an occupational therapy plan of
treatment.
(h) "Occupational therapy assistant" means an individual who is
licensed pursuant to the provisions of this chapter, who is in good
standing as determined by the board, and based thereon, who is
qualified to assist in the practice of occupational therapy under
this chapter, and who works under the appropriate supervision of a
licensed occupational therapist.
(i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
(j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
(k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
(l) "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
upper extremity and specialized skills in assessment and treatment to
prevent dysfunction, restore function, or reverse the advancement of
pathology. This definition is not intended to prevent an
occupational therapist practicing hand therapy from providing other
occupational therapy services authorized under this act in
conjunction with hand therapy.
(m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
2570.3. (a) No person shall practice occupational therapy or hold
himself or herself out as an occupational therapist or as being able
to practice occupational therapy, or to render occupational therapy
services in this state unless he or she is licensed as an
occupational therapist under the provisions of this chapter. No
person shall hold himself or herself out as an occupational therapy
assistant or work as an occupational therapy assistant under the
supervision of an occupational therapist unless he or she is licensed
as an occupational therapy assistant under the provisions of this
chapter.
(b) Only an individual may be licensed under this chapter.
(c) Nothing in this chapter shall be construed as authorizing an
occupational therapist to practice physical therapy, as defined in
Section 2620; speech-language pathology or audiology, as defined in
Section 2530.2; nursing, as defined in Section 2725; psychology, as
defined in Section 2903; or spinal manipulation or other forms of
healing, except as authorized by this section.
(d) An occupational therapist may provide advanced practices if
the therapist has the knowledge, skill, and ability to do so and has
demonstrated to the satisfaction of the board that he or she has met
educational training and competency requirements. These advanced
practices include the following:
(1) Hand therapy.
(2) The use of physical agent modalities.
(3) Swallowing assessment, evaluation, or intervention.
(e) An occupational therapist providing hand therapy services
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy of the upper extremity and how it is altered by
pathology.
(2) Histology as it relates to tissue healing and the effects of
immobilization and mobilization on connective tissue.
(3) Muscle, sensory, vascular, and connective tissue physiology.
(4) Kinesiology of the upper extremity, such as biomechanical
principles of pulleys, intrinsic and extrinsic muscle function,
internal forces of muscles, and the effects of external forces.
(5) The effects of temperature and electrical currents on nerve
and connective tissue.
(6) Surgical procedures of the upper extremity and their
postoperative course.
(f) An occupational therapist using physical agent modalities
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy and physiology of muscle, sensory, vascular, and
connective tissue in response to the application of physical agent
modalities.
(2) Principles of chemistry and physics related to the selected
modality.
(3) Physiological, neurophysiological, and electrophysiological
changes that occur as a result of the application of a modality.
(4) Guidelines for the preparation of the patient, including
education about the process and possible outcomes of treatment.
(5) Safety rules and precautions related to the selected modality.
(6) Methods for documenting immediate and long-term effects of
treatment.
(7) Characteristics of the equipment, including safe operation,
adjustment, indications of malfunction, and care.
(g) An occupational therapist in the process of achieving the
education, training, and competency requirements established by the
board for providing hand therapy or using physical agent modalities
may practice these techniques under the supervision of an
occupational therapist who has already met the requirements
established by the board, a physical therapist, or a physician and
surgeon.
(h) The board shall develop and adopt regulations regarding the
educational training and competency requirements for advanced
practices in collaboration with the Speech-Language Pathology and
Audiology Board, the Board of Registered Nursing, and the Physical
Therapy Board of California.
(i) Nothing in this chapter shall be construed as authorizing an
occupational therapist to seek reimbursement for services other than
for the practice of occupational therapy as defined in this chapter.
(j) "Supervision of an occupational therapy assistant" means that
the responsible occupational therapist shall at all times be
responsible for all occupational therapy services provided to the
client. The occupational therapist who is responsible for appropriate
supervision shall formulate and document in each client's record,
with his or her signature, the goals and plan for that client, and
shall make sure that the occupational therapy assistant assigned to
that client functions under appropriate supervision. As part of the
responsible occupational therapist's appropriate supervision, he or
she shall conduct at least weekly review and inspection of all
aspects of occupational therapy services by the occupational therapy
assistant.
(1) The supervising occupational therapist has the continuing
responsibility to follow the progress of each patient, provide direct
care to the patient, and to assure that the occupational therapy
assistant does not function autonomously.
(2) An occupational therapist shall not supervise more
occupational therapy assistants, at any one time, than can be
appropriately supervised in the opinion of the board. Two
occupational therapy assistants shall be the maximum number of
occupational therapy assistants supervised by an occupational
therapist at any one time, but the board may permit the supervision
of a greater number by an occupational therapist if, in the opinion
of the board, there would be adequate supervision and the public's
health and safety would be served. In no case shall the total number
of occupational therapy assistants exceed twice the number of
occupational therapists regularly employed by a facility at any one
time.
(k) The amendments to subdivisions (d), (e), (f), and (g) relating
to advanced practices, that are made by the act adding this
subdivision, shall become operative no later than January 1, 2004, or
on the date the board adopts regulations pursuant to subdivision
(h), whichever first occurs.
2570.4. Nothing in this chapter shall be construed as preventing or
restricting the practice, services, or activities of any of the
following persons:
(a) Any person licensed or otherwise recognized in this state by
any other law or regulation when that person is engaged in the
profession or occupation for which he or she is licensed or otherwise
recognized.
(b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
(c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
(d) Any person performing occupational therapy services in the
state if all of the following apply:
(1) An application for licensure as an occupational therapist or
an occupational therapy assistant has been filed with the board
pursuant to Section 2570.6 and an application for a license in this
state has not been previously denied.
(2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
(3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure was filed with the board.
(e) Any person employed as an aide subject to the supervision
requirements of this section.
2570.5. (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.
(b) A person who meets the qualifications to be admitted to the
examination for licensure under this chapter and is waiting to take
the examination or awaiting the announcement of the results of the
examination, according to the application requirements for a limited
permit, may practice as an occupational therapist or as an
occupational therapy assistant under the direction and appropriate
supervision of an occupational therapist duly licensed under this
chapter. If that person fails to pass the examination during the
initial eligibility period, all privileges under this section shall
automatically cease upon due notice to the applicant of that failure
and may not be renewed.
(c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
2570.6. An applicant applying for a license as an occupational
therapist as an occupational therapy assistant shall file with the
board a written application provided by the board, showing to the
satisfaction of the board that he or she meets all of the following
requirements:
(a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
(b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American Occupational Therapy Association's
Accreditation Council for Occupational Therapy Education (ACOTE), or
accredited or approved by the American Occupational Therapy
Association's (AOTA) predecessor organization, or approved by AOTA's
Career Mobility Program.
(2) The curriculum of an educational program for occupational
therapists shall contain the content required by the ACOTE
accreditation standards, or as approved by AOTA's predecessor
organization, or as approved by AOTA's Career Mobility Program,
including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
(C) Human development throughout the lifespan.
(D) Human behavior in the context of sociocultural systems.
(E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
(F) Occupational therapy theory, practice, and processes.
(3) The curriculum of an educational program for occupational
therapy assistants shall contain the content required by the ACOTE
accreditation standards, or as approved or accredited by AOTA's
predecessor organization, including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the normal human body.
(C) Human development.
(D) Conditions commonly referred to occupational therapists.
(E) Occupational therapy principles and skills.
(c) (1) For an applicant who is a graduate of an occupational
therapy or occupational therapy assistant educational program who is
unable to provide evidence of having met the requirements of
paragraph (2) or (3) of subdivision (b), he or she may demonstrate
passage of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraph (2) or (3) of subdivision (b).
(2) For an applicant who completed AOTA's Career Mobility Program,
he or she shall demonstrate participation in the program and passage
of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraphs (1) and (2) of subdivision (b).
(d) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or (c) or arranged by a
nationally recognized professional association. The fieldwork
requirements for applicants applying for licensure as an occupational
therapist or certification as an occupational therapy assistant
shall be consistent with the requirements of the ACOTE accreditation
standards, or AOTA's predecessor organization, or AOTA's Career
Mobility Program, that were in effect when the applicant completed
his or her educational program.
(e) That the applicant has passed an examination as provided in
Section 2570.7.
(f) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure under Section 480.
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure in a manner
prescribed by the board. Subject to the provisions of this chapter,
an applicant who fails an examination may apply for reexamination.
(b) Each applicant for licensure shall successfully complete the
entry level certification examination for occupational therapists or
occupational therapy assistants, such as the examination administered
by the National Board for Certification in Occupational Therapy, the
American Occupational Therapy Certification Board, or the American
Occupational Therapy Association. The examination shall be
appropriately validated. Each applicant shall be examined by written
examination to test his or her knowledge of the basic and clinical
sciences relating to occupational therapy, occupational therapy
techniques and methods, and any other subjects that the board may
require to determine the applicant's fitness to practice under this
chapter.
(c) Applicants for licensure shall be examined at a time and place
and under that supervision as the board may require.
2570.8. For the purposes of verifying a license issued under this
chapter, a person may rely on the licensure information posted on the
board's Internet Web site, which includes the issuance and
expiration dates of a license issued by the board.
2570.9. The board shall issue a license to any applicant who meets
the requirements of this chapter, including the payment of the
prescribed licensure or renewal fee, and who meets any other
requirement in accordance with applicable state law.
2570.10. (a) Any license issued under this chapter shall be subject
to renewal as prescribed by the board and shall expire unless
renewed in that manner. The board may provide for the late renewal of
a license as provided for in Section 163.5.
(b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements as a
condition of renewal of a license.
2570.11. Upon a written request, the board may grant inactive
status to an occupational therapist or occupational therapy assistant
who is in good standing, who meets the requirements of Section 462.
2570.13. (a) Consistent with this section, subdivisions (a), (b),
and (c) of Section 2570.2, and accepted professional standards, the
board shall adopt rules necessary to assure appropriate supervision
of occupational therapy assistants and aides.
(b) An occupational therapy assistant may practice only under the
supervision of an occupational therapist who is authorized to
practice occupational therapy in this state.
(c) An aide providing delegated, client-related supportive
services shall require continuous and direct supervision by an
occupational therapist.
2570.14. An initial applicant who has not been actively engaged in
the practice of occupational therapy within the past five years shall
provide to the board, in addition to the requirements for licensure
under Section 2570.6, any of the following:
(a) Evidence of continued competency as referred to in subdivision
(b) of Section 2570.10 for the previous two-year period.
(b) Evidence of having completed the entry-level certification
examination as described in subdivision (b) of Section 2570.7 within
the previous two-year period.
2570.15. Occupational therapists and occupational therapy
assistants trained outside of the United States and its possessions
shall be required to satisfy the examination requirements of Section
2570.7. The board shall require that these applicants have completed
educational and supervised fieldwork requirements substantially equal
to those contained in Section 2570.6, before taking the examination.
2570.16. Initial license and renewal fees shall be established by
the board in an amount that does not exceed a ceiling of one hundred
fifty dollars ($150) per year. The board shall establish the
following additional fees:
(a) An application fee not to exceed fifty dollars ($50).
(b) A late renewal fee as provided for in Section 2570.10.
(c) A limited permit fee.
(d) A fee to collect fingerprints for criminal history record
checks.
2570.17. (a) The board shall issue, upon application and payment of
a twenty-five dollar ($25) fee, a retired license to an occupational
therapist or an occupational therapy assistant who holds a license
that is current and active, or capable of being renewed pursuant to
Section 2570.10, and whose license is not suspended, revoked, or
otherwise restricted by the board or subject to discipline under this
chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active license
is required. An occupational therapist holding a retired license
shall be permitted to use the title "occupational therapist, retired"
or "retired occupational therapist." An occupational therapy
assistant holding a retired license shall be permitted to use the
title "occupational therapy assistant, retired" or "retired
occupational therapy assistant." The designation of retired shall not
be abbreviated in any way.
(c) The holder of a retired license shall not be required to renew
that license.
(d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license, he or she shall comply
with Section 2570.14.
2570.18. (a) A person shall not represent to the public by title,
by description of services, methods, or procedures, or otherwise,
that the person is authorized to practice occupational therapy in
this state, unless authorized to practice occupational therapy under
this chapter.
(b) Unless licensed to practice as an occupational therapist under
this chapter, a person may not use the professional abbreviations
"O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or
"Occupational Therapist Registered," or any other words, letters, or
symbols with the intent to represent that the person practices or is
authorized to practice occupational therapy.
(c) Unless licensed to assist in the practice of occupational
therapy as an occupational therapy assistant under this chapter, a
person may not use the professional abbreviations "O.T.A.,"
"O.T.A/L.," "C.O.T.A.," "C.O.T.A./L.," or "Occupational Therapy
Assistant," "Licensed Occupational Therapy Assistant," or any other
words, letters, or symbols, with the intent to represent that the
person assists in, or is authorized to assist in, the practice of
occupational therapy as an occupational therapy assistant.
(d) The unauthorized practice or representation as an occupational
therapist or as an occupational therapy assistant constitutes an
unfair business practice under Section 17200 and false and misleading
advertising under Section 17500.
2570.185. (a) An occupational therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record.
(b) An occupational therapy assistant shall document the services
provided in the patient record.
(c) Occupational therapists and occupational therapy assistants
shall document and sign the patient record legibly.
(d) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the
board, of any other board under this division, or of any board
referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2570.20. (a) The board shall administer, coordinate, and enforce
the provisions of this chapter, evaluate the qualifications, and
approve the examinations for licensure under this chapter.
(b) The board shall adopt rules in accordance with the
Administrative Procedure Act relating to professional conduct to
carry out the purpose of this chapter, including, but not limited to,
rules relating to professional licensure and to the establishment of
ethical standards of practice for persons holding a license to
practice occupational therapy or to assist in the practice of
occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
2570.21. Subject to Sections 107 and 154, the board may employ an
executive officer and other officers and employees
2570.22. All fees collected by the board shall be paid into the
State Treasury and shall be credited to the Occupational Therapy Fund
which is hereby created. The money in the fund shall be available,
upon appropriation by the Legislature, for expenditure by the board
to defray its expenses and to otherwise administer this chapter.
2570.23. Any person who violates Section 2570.3 is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than five thousand dollars ($5,000), or by imprisonment
of not more than one year in a county jail, or by both that fine and
imprisonment.
2570.24. If any provision of this chapter, or the application
thereof to any person or circumstance, is held invalid, that
invalidity shall not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end, the provisions of this chapter are
declared to be severable.
2570.25. Protection of the public shall be the highest priority for
the California Board of Occupational Therapy in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
2570.26. (a) The board may, after a hearing, deny, suspend, revoke,
or place on probation a license, inactive license, or limited
permit.
(b) As used in this chapter, "license" includes a license, limited
permit, or any other authorization to engage in practice regulated
by this chapter.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.
2570.27. (a) The board may discipline a licensee by any or a
combination of the following methods:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the right to practice occupational
therapy for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the board, in its discretion, deems
proper.
(b) The board may issue an initial license on probation, with
specific terms and conditions, to any applicant who has violated any
provision of this chapter or the regulations adopted pursuant to it,
but who has met all other requirements for licensure.
2570.28. The board may deny or discipline a licensee for any of the
following:
(a) Unprofessional conduct, including, but not limited to, the
following:
(1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
(2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
(3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
(4) The use of advertising relating to occupational therapy which
violates Section 17500.
(5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
(b) Procuring a license by fraud, misrepresentation, or mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
(d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.
(e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
(f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
(g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
(h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
(i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
(j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
(k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
(l) Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgment of a licensee.
(o) Committing any act that would be grounds for denial of a
license under Section 480.
(p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of infectious diseases from licensee to
patient, from patient to patient, or from patient to licensee.
(1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
(2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and are
informed of the most recent scientifically recognized safeguards for
minimizing the risks of transmission.
2570.29. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter, it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist,
optometrist, or podiatrist, to administer to himself or herself, or
furnish or administer to another, any controlled substance as defined
in Division 10 (commencing with Section 11000) of the Health and
Safety Code or any dangerous drug or dangerous device as defined in
Section 4022.
(b) Use to an extent or in a manner dangerous or injurious to
himself or herself, to any other person, or to the public, or that
impairs his or her ability to conduct with safety to the public the
practice authorized by his or her license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing
with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section
4022.
(3) Alcoholic beverages.
(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of any of the substances described in
subdivisions (a) and (b) of this section, in which event the court
order of commitment or confinement is prima facie evidence of the
commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital or patient record, or any
other record, pertaining to the substances described in subdivision
(a) of this section.
2570.30. The board shall retain jurisdiction to proceed with any
investigation, action or disciplinary proceeding against a license,
or to render a decision suspending or revoking a license, regardless
of the expiration, lapse, or suspension of the license by operation
of law, by order or decision of the board or a court of law, or by
the voluntary surrender of a license by the licensee.
2570.31. If a license is suspended, the holder may not practice
occupational therapy during the term of suspension. Upon the
expiration of the term of suspension, the license shall be reinstated
and the holder entitled to resume practice under any remaining terms
of the discipline, unless it is established to the satisfaction of
the board that the holder of the license practiced in this state
during the term of suspension. In this event, the board may, after a
hearing on this issue alone, revoke the license.
2570.32. (a) A holder of a license that has been revoked,
suspended, or placed on probation, may petition the board for
reinstatement or modification of a penalty, including reduction or
termination of probation, after a period not less than the applicable
following minimum period has elapsed from either the effective date
of the decision ordering that disciplinary action, or, if the order
of the board or any portion of it was stayed, from the date the
disciplinary action was actually implemented in its entirety. The
minimum periods that shall elapse prior to a petition are as follows:
(1) For a license that was revoked for any reason other than
mental or physical illness, at least three years.
(2) For early termination of probation scheduled for three or more
years, at least two years.
(3) For modification of a penalty, reinstatement of a license
revoked for mental or physical illness, or termination of probation
scheduled for less than three years, at least one year.
(4) The board may, in its discretion, specify in its disciplinary
order a lesser period of time, provided that the period shall not be
less than one year.
(b) The petition submitted shall contain any information required
by the board, which may include a current set of fingerprints
accompanied by the fingerprinting fee.
(c) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General shall
be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
(e) The board may grant or deny the petition, or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(f) The board may refuse to consider a petition while the
petitioner is under sentence for any criminal offense, including any
period during which the petitioner is on court-imposed probation or
parole or subject to an order of registration pursuant to Section 290
of the Penal Code.
(g) No petition shall be considered while there is an accusation
or petition to revoke probation pending against the petitioner.
2570.36. If a licensee has knowledge that an applicant or licensee
may be in violation of, or has violated, any of the statutes or
regulations administered by the board, the licensee shall report this
information to the board in writing and shall cooperate with the
board in providing information or assistance as may be required.
2571. (a) An occupational therapist licensed pursuant to this
chapter and approved by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, certified nurse-midwife pursuant to Section
2746.51, nurse practitioner pursuant to Section 2836.1, or physician
assistant pursuant to Section 3502.1, if the licensee complies with
regulations adopted by the board pursuant to this section.
(b) The board shall adopt regulations implementing this section,
after meeting and conferring with the Medical Board of California,
the California State Board of Pharmacy, and the Physical Therapy
Board of California, specifying those topical medications applicable
to the practice of occupational therapy and protocols for their use.
(c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
2570. This chapter may be cited as the Occupational Therapy
Practice Act.
2570.1. The Legislature finds and declares that the practice of
occupational therapy in California affects the public health, safety,
and welfare and there is a necessity for that practice to be subject
to regulation and control.
2570.2. As used in this chapter, unless the context requires
otherwise:
(a) "Appropriate supervision of an aide" means that the
responsible occupational therapist or occupational therapy assistant
shall provide direct in-sight supervision when the aide is providing
delegated client-related tasks and shall be readily available at all
times to provide advice or instruction to the aide. The occupational
therapist or occupational therapy assistant is responsible for
documenting the client's record concerning the delegated
client-related tasks performed by the aide.
(b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy.
(c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
(d) "Board" means the California Board of Occupational Therapy.
(e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
(f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
(g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board to practice
occupational therapy under this chapter. Only the occupational
therapist is responsible for the occupational therapy assessment of a
client, and the development of an occupational therapy plan of
treatment.
(h) "Occupational therapy assistant" means an individual who is
licensed pursuant to the provisions of this chapter, who is in good
standing as determined by the board, and based thereon, who is
qualified to assist in the practice of occupational therapy under
this chapter, and who works under the appropriate supervision of a
licensed occupational therapist.
(i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
(j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
(k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
(l) "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
upper extremity and specialized skills in assessment and treatment to
prevent dysfunction, restore function, or reverse the advancement of
pathology. This definition is not intended to prevent an
occupational therapist practicing hand therapy from providing other
occupational therapy services authorized under this act in
conjunction with hand therapy.
(m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
2570.3. (a) No person shall practice occupational therapy or hold
himself or herself out as an occupational therapist or as being able
to practice occupational therapy, or to render occupational therapy
services in this state unless he or she is licensed as an
occupational therapist under the provisions of this chapter. No
person shall hold himself or herself out as an occupational therapy
assistant or work as an occupational therapy assistant under the
supervision of an occupational therapist unless he or she is licensed
as an occupational therapy assistant under the provisions of this
chapter.
(b) Only an individual may be licensed under this chapter.
(c) Nothing in this chapter shall be construed as authorizing an
occupational therapist to practice physical therapy, as defined in
Section 2620; speech-language pathology or audiology, as defined in
Section 2530.2; nursing, as defined in Section 2725; psychology, as
defined in Section 2903; or spinal manipulation or other forms of
healing, except as authorized by this section.
(d) An occupational therapist may provide advanced practices if
the therapist has the knowledge, skill, and ability to do so and has
demonstrated to the satisfaction of the board that he or she has met
educational training and competency requirements. These advanced
practices include the following:
(1) Hand therapy.
(2) The use of physical agent modalities.
(3) Swallowing assessment, evaluation, or intervention.
(e) An occupational therapist providing hand therapy services
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy of the upper extremity and how it is altered by
pathology.
(2) Histology as it relates to tissue healing and the effects of
immobilization and mobilization on connective tissue.
(3) Muscle, sensory, vascular, and connective tissue physiology.
(4) Kinesiology of the upper extremity, such as biomechanical
principles of pulleys, intrinsic and extrinsic muscle function,
internal forces of muscles, and the effects of external forces.
(5) The effects of temperature and electrical currents on nerve
and connective tissue.
(6) Surgical procedures of the upper extremity and their
postoperative course.
(f) An occupational therapist using physical agent modalities
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy and physiology of muscle, sensory, vascular, and
connective tissue in response to the application of physical agent
modalities.
(2) Principles of chemistry and physics related to the selected
modality.
(3) Physiological, neurophysiological, and electrophysiological
changes that occur as a result of the application of a modality.
(4) Guidelines for the preparation of the patient, including
education about the process and possible outcomes of treatment.
(5) Safety rules and precautions related to the selected modality.
(6) Methods for documenting immediate and long-term effects of
treatment.
(7) Characteristics of the equipment, including safe operation,
adjustment, indications of malfunction, and care.
(g) An occupational therapist in the process of achieving the
education, training, and competency requirements established by the
board for providing hand therapy or using physical agent modalities
may practice these techniques under the supervision of an
occupational therapist who has already met the requirements
established by the board, a physical therapist, or a physician and
surgeon.
(h) The board shall develop and adopt regulations regarding the
educational training and competency requirements for advanced
practices in collaboration with the Speech-Language Pathology and
Audiology Board, the Board of Registered Nursing, and the Physical
Therapy Board of California.
(i) Nothing in this chapter shall be construed as authorizing an
occupational therapist to seek reimbursement for services other than
for the practice of occupational therapy as defined in this chapter.
(j) "Supervision of an occupational therapy assistant" means that
the responsible occupational therapist shall at all times be
responsible for all occupational therapy services provided to the
client. The occupational therapist who is responsible for appropriate
supervision shall formulate and document in each client's record,
with his or her signature, the goals and plan for that client, and
shall make sure that the occupational therapy assistant assigned to
that client functions under appropriate supervision. As part of the
responsible occupational therapist's appropriate supervision, he or
she shall conduct at least weekly review and inspection of all
aspects of occupational therapy services by the occupational therapy
assistant.
(1) The supervising occupational therapist has the continuing
responsibility to follow the progress of each patient, provide direct
care to the patient, and to assure that the occupational therapy
assistant does not function autonomously.
(2) An occupational therapist shall not supervise more
occupational therapy assistants, at any one time, than can be
appropriately supervised in the opinion of the board. Two
occupational therapy assistants shall be the maximum number of
occupational therapy assistants supervised by an occupational
therapist at any one time, but the board may permit the supervision
of a greater number by an occupational therapist if, in the opinion
of the board, there would be adequate supervision and the public's
health and safety would be served. In no case shall the total number
of occupational therapy assistants exceed twice the number of
occupational therapists regularly employed by a facility at any one
time.
(k) The amendments to subdivisions (d), (e), (f), and (g) relating
to advanced practices, that are made by the act adding this
subdivision, shall become operative no later than January 1, 2004, or
on the date the board adopts regulations pursuant to subdivision
(h), whichever first occurs.
2570.4. Nothing in this chapter shall be construed as preventing or
restricting the practice, services, or activities of any of the
following persons:
(a) Any person licensed or otherwise recognized in this state by
any other law or regulation when that person is engaged in the
profession or occupation for which he or she is licensed or otherwise
recognized.
(b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
(c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
(d) Any person performing occupational therapy services in the
state if all of the following apply:
(1) An application for licensure as an occupational therapist or
an occupational therapy assistant has been filed with the board
pursuant to Section 2570.6 and an application for a license in this
state has not been previously denied.
(2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
(3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure was filed with the board.
(e) Any person employed as an aide subject to the supervision
requirements of this section.
2570.5. (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.
(b) A person who meets the qualifications to be admitted to the
examination for licensure under this chapter and is waiting to take
the examination or awaiting the announcement of the results of the
examination, according to the application requirements for a limited
permit, may practice as an occupational therapist or as an
occupational therapy assistant under the direction and appropriate
supervision of an occupational therapist duly licensed under this
chapter. If that person fails to pass the examination during the
initial eligibility period, all privileges under this section shall
automatically cease upon due notice to the applicant of that failure
and may not be renewed.
(c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
2570.6. An applicant applying for a license as an occupational
therapist as an occupational therapy assistant shall file with the
board a written application provided by the board, showing to the
satisfaction of the board that he or she meets all of the following
requirements:
(a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
(b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American Occupational Therapy Association's
Accreditation Council for Occupational Therapy Education (ACOTE), or
accredited or approved by the American Occupational Therapy
Association's (AOTA) predecessor organization, or approved by AOTA's
Career Mobility Program.
(2) The curriculum of an educational program for occupational
therapists shall contain the content required by the ACOTE
accreditation standards, or as approved by AOTA's predecessor
organization, or as approved by AOTA's Career Mobility Program,
including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
(C) Human development throughout the lifespan.
(D) Human behavior in the context of sociocultural systems.
(E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
(F) Occupational therapy theory, practice, and processes.
(3) The curriculum of an educational program for occupational
therapy assistants shall contain the content required by the ACOTE
accreditation standards, or as approved or accredited by AOTA's
predecessor organization, including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the normal human body.
(C) Human development.
(D) Conditions commonly referred to occupational therapists.
(E) Occupational therapy principles and skills.
(c) (1) For an applicant who is a graduate of an occupational
therapy or occupational therapy assistant educational program who is
unable to provide evidence of having met the requirements of
paragraph (2) or (3) of subdivision (b), he or she may demonstrate
passage of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraph (2) or (3) of subdivision (b).
(2) For an applicant who completed AOTA's Career Mobility Program,
he or she shall demonstrate participation in the program and passage
of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraphs (1) and (2) of subdivision (b).
(d) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or (c) or arranged by a
nationally recognized professional association. The fieldwork
requirements for applicants applying for licensure as an occupational
therapist or certification as an occupational therapy assistant
shall be consistent with the requirements of the ACOTE accreditation
standards, or AOTA's predecessor organization, or AOTA's Career
Mobility Program, that were in effect when the applicant completed
his or her educational program.
(e) That the applicant has passed an examination as provided in
Section 2570.7.
(f) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure under Section 480.
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure in a manner
prescribed by the board. Subject to the provisions of this chapter,
an applicant who fails an examination may apply for reexamination.
(b) Each applicant for licensure shall successfully complete the
entry level certification examination for occupational therapists or
occupational therapy assistants, such as the examination administered
by the National Board for Certification in Occupational Therapy, the
American Occupational Therapy Certification Board, or the American
Occupational Therapy Association. The examination shall be
appropriately validated. Each applicant shall be examined by written
examination to test his or her knowledge of the basic and clinical
sciences relating to occupational therapy, occupational therapy
techniques and methods, and any other subjects that the board may
require to determine the applicant's fitness to practice under this
chapter.
(c) Applicants for licensure shall be examined at a time and place
and under that supervision as the board may require.
2570.8. For the purposes of verifying a license issued under this
chapter, a person may rely on the licensure information posted on the
board's Internet Web site, which includes the issuance and
expiration dates of a license issued by the board.
2570.9. The board shall issue a license to any applicant who meets
the requirements of this chapter, including the payment of the
prescribed licensure or renewal fee, and who meets any other
requirement in accordance with applicable state law.
2570.10. (a) Any license issued under this chapter shall be subject
to renewal as prescribed by the board and shall expire unless
renewed in that manner. The board may provide for the late renewal of
a license as provided for in Section 163.5.
(b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements as a
condition of renewal of a license.
2570.11. Upon a written request, the board may grant inactive
status to an occupational therapist or occupational therapy assistant
who is in good standing, who meets the requirements of Section 462.
2570.13. (a) Consistent with this section, subdivisions (a), (b),
and (c) of Section 2570.2, and accepted professional standards, the
board shall adopt rules necessary to assure appropriate supervision
of occupational therapy assistants and aides.
(b) An occupational therapy assistant may practice only under the
supervision of an occupational therapist who is authorized to
practice occupational therapy in this state.
(c) An aide providing delegated, client-related supportive
services shall require continuous and direct supervision by an
occupational therapist.
2570.14. An initial applicant who has not been actively engaged in
the practice of occupational therapy within the past five years shall
provide to the board, in addition to the requirements for licensure
under Section 2570.6, any of the following:
(a) Evidence of continued competency as referred to in subdivision
(b) of Section 2570.10 for the previous two-year period.
(b) Evidence of having completed the entry-level certification
examination as described in subdivision (b) of Section 2570.7 within
the previous two-year period.
2570.15. Occupational therapists and occupational therapy
assistants trained outside of the United States and its possessions
shall be required to satisfy the examination requirements of Section
2570.7. The board shall require that these applicants have completed
educational and supervised fieldwork requirements substantially equal
to those contained in Section 2570.6, before taking the examination.
2570.16. Initial license and renewal fees shall be established by
the board in an amount that does not exceed a ceiling of one hundred
fifty dollars ($150) per year. The board shall establish the
following additional fees:
(a) An application fee not to exceed fifty dollars ($50).
(b) A late renewal fee as provided for in Section 2570.10.
(c) A limited permit fee.
(d) A fee to collect fingerprints for criminal history record
checks.
2570.17. (a) The board shall issue, upon application and payment of
a twenty-five dollar ($25) fee, a retired license to an occupational
therapist or an occupational therapy assistant who holds a license
that is current and active, or capable of being renewed pursuant to
Section 2570.10, and whose license is not suspended, revoked, or
otherwise restricted by the board or subject to discipline under this
chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active license
is required. An occupational therapist holding a retired license
shall be permitted to use the title "occupational therapist, retired"
or "retired occupational therapist." An occupational therapy
assistant holding a retired license shall be permitted to use the
title "occupational therapy assistant, retired" or "retired
occupational therapy assistant." The designation of retired shall not
be abbreviated in any way.
(c) The holder of a retired license shall not be required to renew
that license.
(d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license, he or she shall comply
with Section 2570.14.
2570.18. (a) A person shall not represent to the public by title,
by description of services, methods, or procedures, or otherwise,
that the person is authorized to practice occupational therapy in
this state, unless authorized to practice occupational therapy under
this chapter.
(b) Unless licensed to practice as an occupational therapist under
this chapter, a person may not use the professional abbreviations
"O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or
"Occupational Therapist Registered," or any other words, letters, or
symbols with the intent to represent that the person practices or is
authorized to practice occupational therapy.
(c) Unless licensed to assist in the practice of occupational
therapy as an occupational therapy assistant under this chapter, a
person may not use the professional abbreviations "O.T.A.,"
"O.T.A/L.," "C.O.T.A.," "C.O.T.A./L.," or "Occupational Therapy
Assistant," "Licensed Occupational Therapy Assistant," or any other
words, letters, or symbols, with the intent to represent that the
person assists in, or is authorized to assist in, the practice of
occupational therapy as an occupational therapy assistant.
(d) The unauthorized practice or representation as an occupational
therapist or as an occupational therapy assistant constitutes an
unfair business practice under Section 17200 and false and misleading
advertising under Section 17500.
2570.185. (a) An occupational therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record.
(b) An occupational therapy assistant shall document the services
provided in the patient record.
(c) Occupational therapists and occupational therapy assistants
shall document and sign the patient record legibly.
(d) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the
board, of any other board under this division, or of any board
referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2570.20. (a) The board shall administer, coordinate, and enforce
the provisions of this chapter, evaluate the qualifications, and
approve the examinations for licensure under this chapter.
(b) The board shall adopt rules in accordance with the
Administrative Procedure Act relating to professional conduct to
carry out the purpose of this chapter, including, but not limited to,
rules relating to professional licensure and to the establishment of
ethical standards of practice for persons holding a license to
practice occupational therapy or to assist in the practice of
occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
2570.21. Subject to Sections 107 and 154, the board may employ an
executive officer and other officers and employees
2570.22. All fees collected by the board shall be paid into the
State Treasury and shall be credited to the Occupational Therapy Fund
which is hereby created. The money in the fund shall be available,
upon appropriation by the Legislature, for expenditure by the board
to defray its expenses and to otherwise administer this chapter.
2570.23. Any person who violates Section 2570.3 is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than five thousand dollars ($5,000), or by imprisonment
of not more than one year in a county jail, or by both that fine and
imprisonment.
2570.24. If any provision of this chapter, or the application
thereof to any person or circumstance, is held invalid, that
invalidity shall not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end, the provisions of this chapter are
declared to be severable.
2570.25. Protection of the public shall be the highest priority for
the California Board of Occupational Therapy in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
2570.26. (a) The board may, after a hearing, deny, suspend, revoke,
or place on probation a license, inactive license, or limited
permit.
(b) As used in this chapter, "license" includes a license, limited
permit, or any other authorization to engage in practice regulated
by this chapter.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.
2570.27. (a) The board may discipline a licensee by any or a
combination of the following methods:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the right to practice occupational
therapy for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the board, in its discretion, deems
proper.
(b) The board may issue an initial license on probation, with
specific terms and conditions, to any applicant who has violated any
provision of this chapter or the regulations adopted pursuant to it,
but who has met all other requirements for licensure.
2570.28. The board may deny or discipline a licensee for any of the
following:
(a) Unprofessional conduct, including, but not limited to, the
following:
(1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
(2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
(3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
(4) The use of advertising relating to occupational therapy which
violates Section 17500.
(5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
(b) Procuring a license by fraud, misrepresentation, or mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
(d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.
(e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
(f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
(g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
(h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
(i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
(j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
(k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
(l) Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgment of a licensee.
(o) Committing any act that would be grounds for denial of a
license under Section 480.
(p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of infectious diseases from licensee to
patient, from patient to patient, or from patient to licensee.
(1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
(2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and are
informed of the most recent scientifically recognized safeguards for
minimizing the risks of transmission.
2570.29. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter, it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist,
optometrist, or podiatrist, to administer to himself or herself, or
furnish or administer to another, any controlled substance as defined
in Division 10 (commencing with Section 11000) of the Health and
Safety Code or any dangerous drug or dangerous device as defined in
Section 4022.
(b) Use to an extent or in a manner dangerous or injurious to
himself or herself, to any other person, or to the public, or that
impairs his or her ability to conduct with safety to the public the
practice authorized by his or her license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing
with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section
4022.
(3) Alcoholic beverages.
(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of any of the substances described in
subdivisions (a) and (b) of this section, in which event the court
order of commitment or confinement is prima facie evidence of the
commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital or patient record, or any
other record, pertaining to the substances described in subdivision
(a) of this section.
2570.30. The board shall retain jurisdiction to proceed with any
investigation, action or disciplinary proceeding against a license,
or to render a decision suspending or revoking a license, regardless
of the expiration, lapse, or suspension of the license by operation
of law, by order or decision of the board or a court of law, or by
the voluntary surrender of a license by the licensee.
2570.31. If a license is suspended, the holder may not practice
occupational therapy during the term of suspension. Upon the
expiration of the term of suspension, the license shall be reinstated
and the holder entitled to resume practice under any remaining terms
of the discipline, unless it is established to the satisfaction of
the board that the holder of the license practiced in this state
during the term of suspension. In this event, the board may, after a
hearing on this issue alone, revoke the license.
2570.32. (a) A holder of a license that has been revoked,
suspended, or placed on probation, may petition the board for
reinstatement or modification of a penalty, including reduction or
termination of probation, after a period not less than the applicable
following minimum period has elapsed from either the effective date
of the decision ordering that disciplinary action, or, if the order
of the board or any portion of it was stayed, from the date the
disciplinary action was actually implemented in its entirety. The
minimum periods that shall elapse prior to a petition are as follows:
(1) For a license that was revoked for any reason other than
mental or physical illness, at least three years.
(2) For early termination of probation scheduled for three or more
years, at least two years.
(3) For modification of a penalty, reinstatement of a license
revoked for mental or physical illness, or termination of probation
scheduled for less than three years, at least one year.
(4) The board may, in its discretion, specify in its disciplinary
order a lesser period of time, provided that the period shall not be
less than one year.
(b) The petition submitted shall contain any information required
by the board, which may include a current set of fingerprints
accompanied by the fingerprinting fee.
(c) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General shall
be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
(e) The board may grant or deny the petition, or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(f) The board may refuse to consider a petition while the
petitioner is under sentence for any criminal offense, including any
period during which the petitioner is on court-imposed probation or
parole or subject to an order of registration pursuant to Section 290
of the Penal Code.
(g) No petition shall be considered while there is an accusation
or petition to revoke probation pending against the petitioner.
2570.36. If a licensee has knowledge that an applicant or licensee
may be in violation of, or has violated, any of the statutes or
regulations administered by the board, the licensee shall report this
information to the board in writing and shall cooperate with the
board in providing information or assistance as may be required.
2571. (a) An occupational therapist licensed pursuant to this
chapter and approved by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, certified nurse-midwife pursuant to Section
2746.51, nurse practitioner pursuant to Section 2836.1, or physician
assistant pursuant to Section 3502.1, if the licensee complies with
regulations adopted by the board pursuant to this section.
(b) The board shall adopt regulations implementing this section,
after meeting and conferring with the Medical Board of California,
the California State Board of Pharmacy, and the Physical Therapy
Board of California, specifying those topical medications applicable
to the practice of occupational therapy and protocols for their use.
(c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
2570. This chapter may be cited as the Occupational Therapy
Practice Act.
2570.1. The Legislature finds and declares that the practice of
occupational therapy in California affects the public health, safety,
and welfare and there is a necessity for that practice to be subject
to regulation and control.
2570.2. As used in this chapter, unless the context requires
otherwise:
(a) "Appropriate supervision of an aide" means that the
responsible occupational therapist or occupational therapy assistant
shall provide direct in-sight supervision when the aide is providing
delegated client-related tasks and shall be readily available at all
times to provide advice or instruction to the aide. The occupational
therapist or occupational therapy assistant is responsible for
documenting the client's record concerning the delegated
client-related tasks performed by the aide.
(b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy.
(c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
(d) "Board" means the California Board of Occupational Therapy.
(e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
(f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
(g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board to practice
occupational therapy under this chapter. Only the occupational
therapist is responsible for the occupational therapy assessment of a
client, and the development of an occupational therapy plan of
treatment.
(h) "Occupational therapy assistant" means an individual who is
licensed pursuant to the provisions of this chapter, who is in good
standing as determined by the board, and based thereon, who is
qualified to assist in the practice of occupational therapy under
this chapter, and who works under the appropriate supervision of a
licensed occupational therapist.
(i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
(j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
(k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
(l) "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
upper extremity and specialized skills in assessment and treatment to
prevent dysfunction, restore function, or reverse the advancement of
pathology. This definition is not intended to prevent an
occupational therapist practicing hand therapy from providing other
occupational therapy services authorized under this act in
conjunction with hand therapy.
(m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
2570.3. (a) No person shall practice occupational therapy or hold
himself or herself out as an occupational therapist or as being able
to practice occupational therapy, or to render occupational therapy
services in this state unless he or she is licensed as an
occupational therapist under the provisions of this chapter. No
person shall hold himself or herself out as an occupational therapy
assistant or work as an occupational therapy assistant under the
supervision of an occupational therapist unless he or she is licensed
as an occupational therapy assistant under the provisions of this
chapter.
(b) Only an individual may be licensed under this chapter.
(c) Nothing in this chapter shall be construed as authorizing an
occupational therapist to practice physical therapy, as defined in
Section 2620; speech-language pathology or audiology, as defined in
Section 2530.2; nursing, as defined in Section 2725; psychology, as
defined in Section 2903; or spinal manipulation or other forms of
healing, except as authorized by this section.
(d) An occupational therapist may provide advanced practices if
the therapist has the knowledge, skill, and ability to do so and has
demonstrated to the satisfaction of the board that he or she has met
educational training and competency requirements. These advanced
practices include the following:
(1) Hand therapy.
(2) The use of physical agent modalities.
(3) Swallowing assessment, evaluation, or intervention.
(e) An occupational therapist providing hand therapy services
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy of the upper extremity and how it is altered by
pathology.
(2) Histology as it relates to tissue healing and the effects of
immobilization and mobilization on connective tissue.
(3) Muscle, sensory, vascular, and connective tissue physiology.
(4) Kinesiology of the upper extremity, such as biomechanical
principles of pulleys, intrinsic and extrinsic muscle function,
internal forces of muscles, and the effects of external forces.
(5) The effects of temperature and electrical currents on nerve
and connective tissue.
(6) Surgical procedures of the upper extremity and their
postoperative course.
(f) An occupational therapist using physical agent modalities
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy and physiology of muscle, sensory, vascular, and
connective tissue in response to the application of physical agent
modalities.
(2) Principles of chemistry and physics related to the selected
modality.
(3) Physiological, neurophysiological, and electrophysiological
changes that occur as a result of the application of a modality.
(4) Guidelines for the preparation of the patient, including
education about the process and possible outcomes of treatment.
(5) Safety rules and precautions related to the selected modality.
(6) Methods for documenting immediate and long-term effects of
treatment.
(7) Characteristics of the equipment, including safe operation,
adjustment, indications of malfunction, and care.
(g) An occupational therapist in the process of achieving the
education, training, and competency requirements established by the
board for providing hand therapy or using physical agent modalities
may practice these techniques under the supervision of an
occupational therapist who has already met the requirements
established by the board, a physical therapist, or a physician and
surgeon.
(h) The board shall develop and adopt regulations regarding the
educational training and competency requirements for advanced
practices in collaboration with the Speech-Language Pathology and
Audiology Board, the Board of Registered Nursing, and the Physical
Therapy Board of California.
(i) Nothing in this chapter shall be construed as authorizing an
occupational therapist to seek reimbursement for services other than
for the practice of occupational therapy as defined in this chapter.
(j) "Supervision of an occupational therapy assistant" means that
the responsible occupational therapist shall at all times be
responsible for all occupational therapy services provided to the
client. The occupational therapist who is responsible for appropriate
supervision shall formulate and document in each client's record,
with his or her signature, the goals and plan for that client, and
shall make sure that the occupational therapy assistant assigned to
that client functions under appropriate supervision. As part of the
responsible occupational therapist's appropriate supervision, he or
she shall conduct at least weekly review and inspection of all
aspects of occupational therapy services by the occupational therapy
assistant.
(1) The supervising occupational therapist has the continuing
responsibility to follow the progress of each patient, provide direct
care to the patient, and to assure that the occupational therapy
assistant does not function autonomously.
(2) An occupational therapist shall not supervise more
occupational therapy assistants, at any one time, than can be
appropriately supervised in the opinion of the board. Two
occupational therapy assistants shall be the maximum number of
occupational therapy assistants supervised by an occupational
therapist at any one time, but the board may permit the supervision
of a greater number by an occupational therapist if, in the opinion
of the board, there would be adequate supervision and the public's
health and safety would be served. In no case shall the total number
of occupational therapy assistants exceed twice the number of
occupational therapists regularly employed by a facility at any one
time.
(k) The amendments to subdivisions (d), (e), (f), and (g) relating
to advanced practices, that are made by the act adding this
subdivision, shall become operative no later than January 1, 2004, or
on the date the board adopts regulations pursuant to subdivision
(h), whichever first occurs.
2570.4. Nothing in this chapter shall be construed as preventing or
restricting the practice, services, or activities of any of the
following persons:
(a) Any person licensed or otherwise recognized in this state by
any other law or regulation when that person is engaged in the
profession or occupation for which he or she is licensed or otherwise
recognized.
(b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
(c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
(d) Any person performing occupational therapy services in the
state if all of the following apply:
(1) An application for licensure as an occupational therapist or
an occupational therapy assistant has been filed with the board
pursuant to Section 2570.6 and an application for a license in this
state has not been previously denied.
(2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
(3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure was filed with the board.
(e) Any person employed as an aide subject to the supervision
requirements of this section.
2570.5. (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.
(b) A person who meets the qualifications to be admitted to the
examination for licensure under this chapter and is waiting to take
the examination or awaiting the announcement of the results of the
examination, according to the application requirements for a limited
permit, may practice as an occupational therapist or as an
occupational therapy assistant under the direction and appropriate
supervision of an occupational therapist duly licensed under this
chapter. If that person fails to pass the examination during the
initial eligibility period, all privileges under this section shall
automatically cease upon due notice to the applicant of that failure
and may not be renewed.
(c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
2570.6. An applicant applying for a license as an occupational
therapist as an occupational therapy assistant shall file with the
board a written application provided by the board, showing to the
satisfaction of the board that he or she meets all of the following
requirements:
(a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
(b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American Occupational Therapy Association's
Accreditation Council for Occupational Therapy Education (ACOTE), or
accredited or approved by the American Occupational Therapy
Association's (AOTA) predecessor organization, or approved by AOTA's
Career Mobility Program.
(2) The curriculum of an educational program for occupational
therapists shall contain the content required by the ACOTE
accreditation standards, or as approved by AOTA's predecessor
organization, or as approved by AOTA's Career Mobility Program,
including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
(C) Human development throughout the lifespan.
(D) Human behavior in the context of sociocultural systems.
(E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
(F) Occupational therapy theory, practice, and processes.
(3) The curriculum of an educational program for occupational
therapy assistants shall contain the content required by the ACOTE
accreditation standards, or as approved or accredited by AOTA's
predecessor organization, including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the normal human body.
(C) Human development.
(D) Conditions commonly referred to occupational therapists.
(E) Occupational therapy principles and skills.
(c) (1) For an applicant who is a graduate of an occupational
therapy or occupational therapy assistant educational program who is
unable to provide evidence of having met the requirements of
paragraph (2) or (3) of subdivision (b), he or she may demonstrate
passage of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraph (2) or (3) of subdivision (b).
(2) For an applicant who completed AOTA's Career Mobility Program,
he or she shall demonstrate participation in the program and passage
of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraphs (1) and (2) of subdivision (b).
(d) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or (c) or arranged by a
nationally recognized professional association. The fieldwork
requirements for applicants applying for licensure as an occupational
therapist or certification as an occupational therapy assistant
shall be consistent with the requirements of the ACOTE accreditation
standards, or AOTA's predecessor organization, or AOTA's Career
Mobility Program, that were in effect when the applicant completed
his or her educational program.
(e) That the applicant has passed an examination as provided in
Section 2570.7.
(f) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure under Section 480.
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure in a manner
prescribed by the board. Subject to the provisions of this chapter,
an applicant who fails an examination may apply for reexamination.
(b) Each applicant for licensure shall successfully complete the
entry level certification examination for occupational therapists or
occupational therapy assistants, such as the examination administered
by the National Board for Certification in Occupational Therapy, the
American Occupational Therapy Certification Board, or the American
Occupational Therapy Association. The examination shall be
appropriately validated. Each applicant shall be examined by written
examination to test his or her knowledge of the basic and clinical
sciences relating to occupational therapy, occupational therapy
techniques and methods, and any other subjects that the board may
require to determine the applicant's fitness to practice under this
chapter.
(c) Applicants for licensure shall be examined at a time and place
and under that supervision as the board may require.
2570.8. For the purposes of verifying a license issued under this
chapter, a person may rely on the licensure information posted on the
board's Internet Web site, which includes the issuance and
expiration dates of a license issued by the board.
2570.9. The board shall issue a license to any applicant who meets
the requirements of this chapter, including the payment of the
prescribed licensure or renewal fee, and who meets any other
requirement in accordance with applicable state law.
2570.10. (a) Any license issued under this chapter shall be subject
to renewal as prescribed by the board and shall expire unless
renewed in that manner. The board may provide for the late renewal of
a license as provided for in Section 163.5.
(b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements as a
condition of renewal of a license.
2570.11. Upon a written request, the board may grant inactive
status to an occupational therapist or occupational therapy assistant
who is in good standing, who meets the requirements of Section 462.
2570.13. (a) Consistent with this section, subdivisions (a), (b),
and (c) of Section 2570.2, and accepted professional standards, the
board shall adopt rules necessary to assure appropriate supervision
of occupational therapy assistants and aides.
(b) An occupational therapy assistant may practice only under the
supervision of an occupational therapist who is authorized to
practice occupational therapy in this state.
(c) An aide providing delegated, client-related supportive
services shall require continuous and direct supervision by an
occupational therapist.
2570.14. An initial applicant who has not been actively engaged in
the practice of occupational therapy within the past five years shall
provide to the board, in addition to the requirements for licensure
under Section 2570.6, any of the following:
(a) Evidence of continued competency as referred to in subdivision
(b) of Section 2570.10 for the previous two-year period.
(b) Evidence of having completed the entry-level certification
examination as described in subdivision (b) of Section 2570.7 within
the previous two-year period.
2570.15. Occupational therapists and occupational therapy
assistants trained outside of the United States and its possessions
shall be required to satisfy the examination requirements of Section
2570.7. The board shall require that these applicants have completed
educational and supervised fieldwork requirements substantially equal
to those contained in Section 2570.6, before taking the examination.
2570.16. Initial license and renewal fees shall be established by
the board in an amount that does not exceed a ceiling of one hundred
fifty dollars ($150) per year. The board shall establish the
following additional fees:
(a) An application fee not to exceed fifty dollars ($50).
(b) A late renewal fee as provided for in Section 2570.10.
(c) A limited permit fee.
(d) A fee to collect fingerprints for criminal history record
checks.
2570.17. (a) The board shall issue, upon application and payment of
a twenty-five dollar ($25) fee, a retired license to an occupational
therapist or an occupational therapy assistant who holds a license
that is current and active, or capable of being renewed pursuant to
Section 2570.10, and whose license is not suspended, revoked, or
otherwise restricted by the board or subject to discipline under this
chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active license
is required. An occupational therapist holding a retired license
shall be permitted to use the title "occupational therapist, retired"
or "retired occupational therapist." An occupational therapy
assistant holding a retired license shall be permitted to use the
title "occupational therapy assistant, retired" or "retired
occupational therapy assistant." The designation of retired shall not
be abbreviated in any way.
(c) The holder of a retired license shall not be required to renew
that license.
(d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license, he or she shall comply
with Section 2570.14.
2570.18. (a) A person shall not represent to the public by title,
by description of services, methods, or procedures, or otherwise,
that the person is authorized to practice occupational therapy in
this state, unless authorized to practice occupational therapy under
this chapter.
(b) Unless licensed to practice as an occupational therapist under
this chapter, a person may not use the professional abbreviations
"O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or
"Occupational Therapist Registered," or any other words, letters, or
symbols with the intent to represent that the person practices or is
authorized to practice occupational therapy.
(c) Unless licensed to assist in the practice of occupational
therapy as an occupational therapy assistant under this chapter, a
person may not use the professional abbreviations "O.T.A.,"
"O.T.A/L.," "C.O.T.A.," "C.O.T.A./L.," or "Occupational Therapy
Assistant," "Licensed Occupational Therapy Assistant," or any other
words, letters, or symbols, with the intent to represent that the
person assists in, or is authorized to assist in, the practice of
occupational therapy as an occupational therapy assistant.
(d) The unauthorized practice or representation as an occupational
therapist or as an occupational therapy assistant constitutes an
unfair business practice under Section 17200 and false and misleading
advertising under Section 17500.
2570.185. (a) An occupational therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record.
(b) An occupational therapy assistant shall document the services
provided in the patient record.
(c) Occupational therapists and occupational therapy assistants
shall document and sign the patient record legibly.
(d) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the
board, of any other board under this division, or of any board
referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2570.20. (a) The board shall administer, coordinate, and enforce
the provisions of this chapter, evaluate the qualifications, and
approve the examinations for licensure under this chapter.
(b) The board shall adopt rules in accordance with the
Administrative Procedure Act relating to professional conduct to
carry out the purpose of this chapter, including, but not limited to,
rules relating to professional licensure and to the establishment of
ethical standards of practice for persons holding a license to
practice occupational therapy or to assist in the practice of
occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
2570.21. Subject to Sections 107 and 154, the board may employ an
executive officer and other officers and employees
2570.22. All fees collected by the board shall be paid into the
State Treasury and shall be credited to the Occupational Therapy Fund
which is hereby created. The money in the fund shall be available,
upon appropriation by the Legislature, for expenditure by the board
to defray its expenses and to otherwise administer this chapter.
2570.23. Any person who violates Section 2570.3 is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than five thousand dollars ($5,000), or by imprisonment
of not more than one year in a county jail, or by both that fine and
imprisonment.
2570.24. If any provision of this chapter, or the application
thereof to any person or circumstance, is held invalid, that
invalidity shall not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end, the provisions of this chapter are
declared to be severable.
2570.25. Protection of the public shall be the highest priority for
the California Board of Occupational Therapy in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
2570.26. (a) The board may, after a hearing, deny, suspend, revoke,
or place on probation a license, inactive license, or limited
permit.
(b) As used in this chapter, "license" includes a license, limited
permit, or any other authorization to engage in practice regulated
by this chapter.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.
2570.27. (a) The board may discipline a licensee by any or a
combination of the following methods:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the right to practice occupational
therapy for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the board, in its discretion, deems
proper.
(b) The board may issue an initial license on probation, with
specific terms and conditions, to any applicant who has violated any
provision of this chapter or the regulations adopted pursuant to it,
but who has met all other requirements for licensure.
2570.28. The board may deny or discipline a licensee for any of the
following:
(a) Unprofessional conduct, including, but not limited to, the
following:
(1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
(2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
(3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
(4) The use of advertising relating to occupational therapy which
violates Section 17500.
(5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
(b) Procuring a license by fraud, misrepresentation, or mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
(d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.
(e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
(f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
(g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
(h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
(i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
(j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
(k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
(l) Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgment of a licensee.
(o) Committing any act that would be grounds for denial of a
license under Section 480.
(p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of infectious diseases from licensee to
patient, from patient to patient, or from patient to licensee.
(1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
(2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and are
informed of the most recent scientifically recognized safeguards for
minimizing the risks of transmission.
2570.29. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter, it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist,
optometrist, or podiatrist, to administer to himself or herself, or
furnish or administer to another, any controlled substance as defined
in Division 10 (commencing with Section 11000) of the Health and
Safety Code or any dangerous drug or dangerous device as defined in
Section 4022.
(b) Use to an extent or in a manner dangerous or injurious to
himself or herself, to any other person, or to the public, or that
impairs his or her ability to conduct with safety to the public the
practice authorized by his or her license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing
with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section
4022.
(3) Alcoholic beverages.
(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of any of the substances described in
subdivisions (a) and (b) of this section, in which event the court
order of commitment or confinement is prima facie evidence of the
commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital or patient record, or any
other record, pertaining to the substances described in subdivision
(a) of this section.
2570.30. The board shall retain jurisdiction to proceed with any
investigation, action or disciplinary proceeding against a license,
or to render a decision suspending or revoking a license, regardless
of the expiration, lapse, or suspension of the license by operation
of law, by order or decision of the board or a court of law, or by
the voluntary surrender of a license by the licensee.
2570.31. If a license is suspended, the holder may not practice
occupational therapy during the term of suspension. Upon the
expiration of the term of suspension, the license shall be reinstated
and the holder entitled to resume practice under any remaining terms
of the discipline, unless it is established to the satisfaction of
the board that the holder of the license practiced in this state
during the term of suspension. In this event, the board may, after a
hearing on this issue alone, revoke the license.
2570.32. (a) A holder of a license that has been revoked,
suspended, or placed on probation, may petition the board for
reinstatement or modification of a penalty, including reduction or
termination of probation, after a period not less than the applicable
following minimum period has elapsed from either the effective date
of the decision ordering that disciplinary action, or, if the order
of the board or any portion of it was stayed, from the date the
disciplinary action was actually implemented in its entirety. The
minimum periods that shall elapse prior to a petition are as follows:
(1) For a license that was revoked for any reason other than
mental or physical illness, at least three years.
(2) For early termination of probation scheduled for three or more
years, at least two years.
(3) For modification of a penalty, reinstatement of a license
revoked for mental or physical illness, or termination of probation
scheduled for less than three years, at least one year.
(4) The board may, in its discretion, specify in its disciplinary
order a lesser period of time, provided that the period shall not be
less than one year.
(b) The petition submitted shall contain any information required
by the board, which may include a current set of fingerprints
accompanied by the fingerprinting fee.
(c) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General shall
be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
(e) The board may grant or deny the petition, or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(f) The board may refuse to consider a petition while the
petitioner is under sentence for any criminal offense, including any
period during which the petitioner is on court-imposed probation or
parole or subject to an order of registration pursuant to Section 290
of the Penal Code.
(g) No petition shall be considered while there is an accusation
or petition to revoke probation pending against the petitioner.
2570.36. If a licensee has knowledge that an applicant or licensee
may be in violation of, or has violated, any of the statutes or
regulations administered by the board, the licensee shall report this
information to the board in writing and shall cooperate with the
board in providing information or assistance as may be required.
2571. (a) An occupational therapist licensed pursuant to this
chapter and approved by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, certified nurse-midwife pursuant to Section
2746.51, nurse practitioner pursuant to Section 2836.1, or physician
assistant pursuant to Section 3502.1, if the licensee complies with
regulations adopted by the board pursuant to this section.
(b) The board shall adopt regulations implementing this section,
after meeting and conferring with the Medical Board of California,
the California State Board of Pharmacy, and the Physical Therapy
Board of California, specifying those topical medications applicable
to the practice of occupational therapy and protocols for their use.
(c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
