CHAPTER 5. CERTIFICATION; EXAMINATIONS
IC 25-23.5-5
Chapter 5. Certification; Examinations
IC 25-23.5-5-1
Application; contents
Sec. 1. A person who applies for a license as an occupationaltherapist or a certificate as an occupational therapy assistant mustpresent satisfactory evidence to the committee that the person:
(1) does not have a conviction for a crime that has a directbearing on the person's ability to practice competently;
(2) has not been the subject of a disciplinary action by alicensing or certification agency of another state or jurisdictionon the grounds that the person was not able to practice as anoccupational therapist or occupational therapy assistant withoutendangering the public;
(3) has graduated from a school or program of occupationaltherapy or a program for occupational therapy assistantsapproved by the board; and
(4) has passed an occupational therapist or occupational therapyassistant licensing or certifying examination approved by theboard under section 4.5 of this chapter.
As added by P.L.238-1989, SEC.1. Amended by P.L.33-1993,SEC.33; P.L.197-2007, SEC.68.
IC 25-23.5-5-2
Application; supervised fieldwork experience
Sec. 2. (a) The board may require a person who applies for alicense as an occupational therapist to have successfully completedsupervised fieldwork experience arranged and approved by theschool or program from which the person graduated.
(b) The board may require a person who applies for a certificateas an occupational therapy assistant to have successfully completedsupervised fieldwork experience arranged and approved by theprogram from which the person graduated.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.69.
IC 25-23.5-5-3
Application fee
Sec. 3. A person applying for a license or certificate under thisarticle must pay a fee.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.70.
IC 25-23.5-5-4
Examination; minimum requirements
Sec. 4. A person who satisfies the requirements of sections 1through 3 of this chapter may take the examination approved by theboard under section 4.5 of this chapter.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,
SEC.71.
IC 25-23.5-5-4.5
Board's duties; approve examination; establish passing score
Sec. 4.5. (a) The board shall do the following:
(1) Approve a nationally recognized examination for each typeof license or certificate issued under this article.
(2) Establish the passing score necessary to obtain a licenseunder this article.
(b) The board may use any part of an examination administeredby:
(1) the National Board for Certification in OccupationalTherapy, or its successor; or
(2) another nationally recognized body that providesexamination services for occupational therapists, as determinedby the committee;
as the examination required to obtain a license under this article.
As added by P.L.197-2007, SEC.72.
IC 25-23.5-5-5
Examinations; times and places; subject areas
Sec. 5. (a) The committee shall provide for examinations to begiven at least two (2) times a year at times and places established bythe board.
(b) The committee shall provide for examinations that test aperson's knowledge of the basic and clinical sciences as they relateto the practice of occupational therapy, occupational therapy theoryand procedures, and other subjects the committee considers useful totest a person's fitness to practice as an occupational therapist oroccupational therapy assistant.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.73.
IC 25-23.5-5-6
Issuing license or certificate
Sec. 6. The committee shall issue a license or certificate to aperson who meets the requirements for a license or certificate underthis article.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.74.
IC 25-23.5-5-7
Refusal to issue a license; probationary license
Sec. 7. (a) The committee may refuse to issue a license or mayissue a probationary license to a person if:
(1) the person has been disciplined by an administrative agencyin another jurisdiction; and
(2) the committee determines that the violation for which theperson was disciplined has a direct bearing on the person'sability to practice occupational therapy as an occupational
therapist.
(b) The committee may refuse to issue a certificate or may issuea probationary certificate to a person if:
(1) the person has been disciplined by an administrative agencyin another jurisdiction; and
(2) the committee determines that the violation for which theperson was disciplined has a direct bearing on the person'sability to practice as an occupational therapy assistant.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.75.
IC 25-23.5-5-8
Probationary license or certificate; conditions; removal oflimitation
Sec. 8. (a) If the committee issues a probationary license orprobationary certificate under section 7 of this chapter, thecommittee may require the person who holds the probationarylicense or probationary certificate to perform one (1) or more of thefollowing conditions:
(1) Report regularly to the committee upon a matter that is thebasis for the probation.
(2) Limit practice to areas prescribed by the committee.
(3) Continue or renew professional education.
(4) Engage in community restitution or service withoutcompensation for a number of hours specified by thecommittee.
(b) The committee shall remove a limitation placed on aprobationary license or probationary certificate if after a hearing thecommittee finds that the deficiency that caused the limitation hasbeen remedied.
As added by P.L.238-1989, SEC.1. Amended by P.L.32-2000,SEC.14; P.L.197-2007, SEC.76.
IC 25-23.5-5-9
Expiration of license or certificate; renewal
Sec. 9. (a) A license or certificate issued by the committee expireson a date established by the Indiana professional licensing agencyunder IC 25-1-5-4 in the next even-numbered year following the yearin which the license or certificate was issued.
(b) A person may renew a license or certificate by paying arenewal fee on or before the expiration date of the license orcertificate.
(c) If a person fails to pay a renewal fee on or before theexpiration date of a license or certificate, the license or certificatebecomes invalid.
As added by P.L.238-1989, SEC.1. Amended by P.L.1-2006,SEC.457; P.L.197-2007, SEC.77.
IC 25-23.5-5-10
Reinstatement of invalid license or certificate; renewal Sec. 10. (a) The committee shall reinstate an invalid license orcertificate up to three (3) years after the expiration date of the licenseor certificate if the person holding the invalid license or certificatemeets the requirements under IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date alicense or certificate expired, the person holding the license orcertificate may renew the license or certificate by satisfying therequirements for renewal established by the board and meeting therequirements under IC 25-1-8-6.
As added by P.L.238-1989, SEC.1. Amended by P.L.269-2001,SEC.19; P.L.197-2007, SEC.78.
IC 25-23.5-5-11
Temporary permit; requirements; expiration; renewal
Sec. 11. (a) The committee may issue a temporary permit to aperson to engage in the practice of occupational therapy as anoccupational therapist or occupational therapy assistant if the personpays a fee and the person:
(1) has a valid license or certificate to practice from anotherstate and the person has applied for a license or certificate fromthe committee;
(2) is practicing occupational therapy in a state that does notlicense or certify occupational therapists or occupationaltherapy assistants but is certified by a national occupationaltherapy association approved by the board and the person hasapplied for a license or certificate from the committee; or
(3) meets all the following requirements:
(A) Has graduated from an accredited program.
(B) Has completed the fieldwork experience requirement fora license or certificate under this article.
(C) Is eligible to take the entry level examination.
(b) A person with a temporary permit issued under subsection(a)(3) may engage in the practice of occupational therapy as anoccupational therapist or an occupational therapy assistant onlyunder the supervision of an occupational therapist licensed under thisarticle.
(c) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a permanentlicense or certificate under this article;
(2) the date the committee disapproves the person's licenseapplication or certificate application; or
(3) one hundred eighty (180) days after the date the permit isissued.
(d) The committee may renew a temporary permit if the personholding the permit was scheduled to take the next examination andthe person:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(e) A permit renewed under subsection (d) expires on the date theperson holding the permit receives the results from the next
examination given after the permit was issued.
As added by P.L.238-1989, SEC.1. Amended by P.L.48-1991,SEC.42; P.L.197-2007, SEC.79.
IC 25-23.5-5-12
Notice of retirement from practice
Sec. 12. (a) A person who is licensed or certified under this articleshall notify the committee in writing when the person retires frompractice.
(b) Upon receipt of the notice, the committee shall:
(1) record the fact the person is retired; and
(2) release the person from further payment of renewal fees.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.80.
IC 25-23.5-5-13
Surrender of license or certificate; reinstatement
Sec. 13. (a) If a person surrenders a license or certificate to thecommittee, the committee may reinstate the license or certificateupon written request by the person.
(b) If the committee reinstates a license or certificate, thecommittee may impose conditions on the license or certificateappropriate to the reinstatement.
(c) A person may not surrender a license or certificate withoutwritten approval by the committee if a disciplinary proceeding underthis article is pending against the person.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.81.
IC 25-23.5-5-14
Exemption from examination requirement
Sec. 14. A person who applies for a license or certificate underthis article may be exempted by the committee from the examinationrequirement under section 6 of this chapter if the person:
(1) is licensed or certified to practice occupational therapy as anoccupational therapist or occupational therapy assistant inanother state; or
(2) is practicing occupational therapy in a state that does notlicense or certify occupational therapists or occupationaltherapy assistants and is certified by a national occupationaltherapy association approved by the board;
and is otherwise qualified under sections 1 through 3 of this chapterand pays an additional fee.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.82.
IC 25-23.5-5-15
Graduate of educational program in foreign country; license orcertificate requirements
Sec. 15. The committee may issue a license to a person who has
graduated as an occupational therapist or issue a certificate to aperson who has graduated as an occupational therapy assistant froman educational program in a foreign country if the person:
(1) graduated from an educational program approved by theboard;
(2) does not have a conviction for:
(A) an act that would constitute a ground for a disciplinarysanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's abilityto practice competently;
(3) has not been the subject of a disciplinary action initiated bya licensing agency of another state or jurisdiction on the groundthat the person was not able to practice occupational therapy asan occupational therapist or occupational therapy assistantwithout endangering the public;
(4) passes the examination required under this chapter; and
(5) pays a fee.
As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007,SEC.83.