GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-432
SENATE BILL 208
AN ACT amending certain laws relating to the north carolina occupational therapy practice act and authorizing the north carolina board of occupational therapy to raise the fee for a limited permit.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90-270.66 reads as rewritten:
"§ 90-270.66. Declaration of purpose.
The North Carolina Occupational Therapy Practice Act is
enacted to safeguard the public health, safety and welfare, to protect the
public from being harmed by unqualified persons, to assure the highest degree
of professional care services and conduct on the part of occupational
therapists and occupational therapist therapy assistants, to
provide for the establishment of standards of education,licensure
requirements, and to insure the availability of occupational therapy
services of high quality to persons in need of such services. It is the purpose
of this Article to provide for the regulation of persons offering occupational
therapy services to the public."
SECTION 2. G.S. 90-270.67 reads as rewritten:
"§ 90-270.67. Definitions.
As used in this Article, unless the context clearly requires a different meaning:
(1) Accrediting body. - The Accrediting Council for Occupational Therapy Education.
(1)(1a) "Board"
means theBoard. - The North Carolina Board of Occupational Therapy.
(1b) Examining body. - The National Board for Certification in Occupational Therapy.
(2) "Occupational
therapist" means anOccupational therapist. - An individual
licensed in good standing to practice occupational therapy as defined in this
Article.
(3) "Occupational
therapist assistant" means anOccupational therapy assistant. - An
individual licensed in good standing to assist in the practice of occupational
therapy under this Article, who performs activities commensurate with his or
her education and training under the supervision of a licensed occupational
therapist.
(4) "Occupational therapy" means a health care profession providing evaluation, treatment and consultation to help individuals achieve a maximum level of independence by developing skills and abilities interfered with by disease, emotional disorder, physical injury, the aging process, or impaired development. Occupational therapists use purposeful activities and specially designed orthotic and prosthetic devices to reduce specific impairments and to help individuals achieve independence at home and in the work place.
(5) "Person"
means anyPerson. - Any individual, partnership, unincorporated
organization, or corporate body, except that only an individual may be licensed
under this Article."
SECTION 3. G.S. 90-270.68 reads as rewritten:
"§ 90-270.68.
Establishment of Board, terms of members,terms, vacancies, removal, meetings,
compensation.
(a) Establishment
of Board. - The North Carolina Board of Occupational Therapy is created.
The Board shall have six members. All members shall beconsist of
seven members who are appointed by the Governor and shall beare
residents of this State at the time of and during their appointment.appointment,
as follows:
(1) Three members
shall be occupational therapists and one member shall be an occupational
therapist assistant; eachtherapy assistant. Each of these members
shall be licensed to practice in North Carolina and have practiced,
taught, or engaged in research in occupational therapy for at least three of
the five years immediately preceding appointment to the Board.
(2) The fifth
boardOne member shall be a physician in good standing with the
North Carolina Medical Board and licensed by and registered with the
North Carolina Medical Board to practice medicine; andmedicine in
this State.
(3) the sixth
boardOne member shall represent the public at large and shall be a
person who is not a health care provider licensed under this Chapter.Chapter
or the spouse of a licensed health care provider.
(4) One member shall be a counselor, educator, or school-based professional certified or licensed under North Carolina law who is employed in the North Carolina public school system and is not an occupational therapist or an occupational therapy assistant.
The medical doctor, occupational therapists, and
occupational therapist assistantoccupational therapist members and the
occupational therapy assistant member shall be appointed by the Governor
from a list compilednominated by the North Carolina Occupational
Therapy Association, Inc., following the use of a nomination procedure
made available to all occupational therapists and occupational therapist therapy
assistants licensed and residing in North Carolina. In soliciting
nominations and compiling its list, the Association shall give consideration to
geographic distribution, clinical specialty, and other factors that will
promote representation of all aspects of occupational therapy practice. The
records of the nomination procedures shall be filed with the Board and made
available for a period of six months following nomination for reasonable
inspection by any licensed practitioner of occupational therapy.
The physician member shall be nominated by the North Carolina Occupational Therapy Association, Inc., after consultation with the North Carolina Medical Society. The counselor, educator, or school-based professional member shall be nominated by the North Carolina Occupational Therapy Association, Inc., after consultation with the North Carolina School Counselors Association.
(b) Terms. - Members of the Board shall serve four-year staggered terms. No member shall serve more than two consecutive four-year terms, unless a member is appointed to fill a vacancy for an unexpired term, then that member may complete the unexpired term and serve one additional four-year term.
(c) Vacancies. -
In the event that a member of the Board cannot complete a term
of office, the vacancy shall be filled by appointment by the Governor, in
accordance with the procedures set forth in this section, for the remainder of
the unexpired term. Vacancies shall be filled by the Governor within 45 days
of receipt of the nominations from the North Carolina Occupational Therapy
Association, Inc., or, in the case of public members, within 45 days of the
receipt of notice of vacancy.
(d) Removal. - The Board may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings shall be disqualified from participating in Board business until the charges are resolved.
(e) Meetings. -
Each year the Board shall meet and designate a chairman chairperson,
a vice-chairperson, and a secretary-treasurer from among its members. The
Board may hold additional meetings upon call of the chairman chairperson
or any two board members. A majority of the Board membership shall
constitute a quorum.
(f) Compensation. - Members of the Board shall receive no compensation for their services, but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B-5."
SECTION 4. G.S. 90-270.69 reads as rewritten:
"§ 90-270.69. Powers and duties of the Board.
The Board shall have the following powers and duties:
(1) Examine Establish
and determine the qualifications and fitness of applicants for licensure to
practice occupational therapy in this State;State.
(2) Conduct
investigations, subpoena individuals and records, and do all other things
necessary and proper to discipline persons licensed under this Article and to
enforce this Article;Article.
(2a) Communicate disciplinary actions to relevant State and federal authorities and to other state occupational therapy licensing authorities.
(3) Issue and renew, and
deny, suspend, revoke or refuse to issue or renew any license under this Article;Article.
(4) Adopt, amend, or
repeal any reasonable rules or regulations necessary to carry out the purposes
of this Article, including but not limited to rules establishing ethical
standards of practice;practice.
(5) Employ professional,
clerical, investigative or special personnel necessary to carry out the
provisions of this Article, and purchase or rent office space, equipment and supplies;supplies.
(6) Adopt a seal by which it
shall authenticate its proceedings, official records, and licenses;licenses.
(7) Conduct administrative
hearings in accordance with Chapter 150B of the General Statutes when a
"contested case" as defined in G.S. 150B-2(2) arises under this Article;Article.
(8) Establish reasonable
fees for applications for examination; initial, provisional,applications,
limited permits, initial and renewal licenses;licenses, and
other services provided by the Board;Board.
(9) Submit an annual
report to the Governor and General Assembly of all its official actions during
the preceding year, together with any recommendations and findings regarding
improvement of the profession of occupational therapy;therapy.
(10) Publish and make available upon
request the licensure standards prescribed under this Article and all rules and
regulations established by the Board;Board.
(11) Approve educational curricula
and field work experience accredited by the American Medical Association and
American Occupational Therapy Association for persons seeking licensure under
this Article.Conduct a training program as needed for new Board members
designed to familiarize new members with their duties."
SECTION 5. G.S. 90-270.70 reads as rewritten:
"§ 90-270.70. Requirements for licensure.
(a) Any individual
who desires to be licensed as an occupational therapist or occupational therapist
therapy assistant shall file a written application with the Board on
forms provided by the Board, showing to the satisfaction of the Board that the
applicant:
(1) Is of good moral character; and
(2) Has passed an examination approved by the Board as provided in this Article.
Applicants for licensure as an occupational therapist must
also have successfully completed an accredited occupational therapy educational
curriculum and the required supervised field work experience of at
least six months' duration.fieldwork as determined by the Board. Applicants
for licensure as an occupational therapist therapy assistant must
also have successfully completed an accredited occupational therapy assistant
educational curriculum and the required supervised field work
experience of at least two months' duration.fieldwork as determined by
the Board.
(b) Occupational therapists who are trained outside of the United States and its territories shall satisfy the examination and educational requirements as stated in subsection (a) of this section. The Board shall require these applicants to meet examination eligibility requirements as established by the credentialing body recognized by the Board before taking the examination."
SECTION 6. G.S. 90-270.71 is repealed.
SECTION 7. G.S. 90-270.72 reads as rewritten:
"§ 90-270.72. Exemption from requirements.
(a) The Board
shall waive the examination, education, and field work requirements of
G.S. 90-270.70 and shall grant a license to any applicant who presents
evidence satisfactory to the Board that he or she has been engaged in the
practice of occupational therapy as an occupational therapist or
occupational therapist assistant before September 1, 1984. Proof of such actual
practice shall be presented to the Board as established by regulation. To qualify
for exemption under this section, the applicant shall file an application for
licensure no later than September 1, 1985.
(b) The Board may grant
a license without examination to any applicant who exempt an applicant
from certain licensure requirements if the applicant presents proof
satisfactory to the Board of current licensure as an occupational therapist or
occupational therapist therapy assistant in another state or the
District of Columbia, Puerto Rico, or Guam, provided the other
jurisdiction's licensure standards are considered by the Board to be
substantially equivalent to or higher than those prescribed in this
Article."
SECTION 8. G.S. 90-270.73 reads as rewritten:
"§ 90-270.73. Issuance of license.
(a) The Board shall issue a license to any individual who meets the requirements of this Article upon payment of the license fee prescribed in G.S. 90-270.77.
(b) Any individual
licensed as an occupational therapist under this Article may use the words
"occupational therapist" and may use the letters "O.T." or "O.T.R./L."
"O.T./L." in connection with his or her name or place
of business.
(c) Any individual
licensed as an occupational therapist therapy assistant under
this Article may use the words "occupational therapist therapy assistant"
and may use the letter letters "O.T.A." or "C.O.T.A./L."
"O.T.A./L." in connection with his or her name or place
of business.
(d) Any individual possessing a limited permit to practice occupational therapy may use the words "occupational therapy limited permittee" or "occupational therapy assistant limited permittee" and may use the letters "O.T./L.P." or "O.T.A./L.P." in connection with his or her name or place of business."
SECTION 9. G.S. 90-270.74 reads as rewritten:
"§ 90-270.74.
Provisional licenses.Limited permits.
The Board may grant a provisional license for a period
not exceeding nine months to anylimited permit to an
individual who has successfully completed the educational and field work fieldwork
experience requirements and has made application to take the
examination for examination but has not yet taken or received the
results of the examination required under G.S. 90-270.70. A provisional
licenselimited permit shall allow the individual to practice as an
occupational therapist or occupational therapist therapy assistant
under the supervision of an occupational therapist licensed in this State
and shall be valid until revoked by the Board. A provisional licenseState.
A limited permit shall expire after 120 days, when the individual is issued a
license under G.S. 90-270.73, or if the individual is notified that he or
she did not pass the examination, whichever occurs shall not be
issued to applicant who has failed the examination in this State or
another jurisdiction.first. The provisions of this section shall expire
October 1, 2007."
SECTION 10. G.S. 90-270.75(a) reads as rewritten:
"(a) Licenses issued under
this Article shall be subject to annual renewal upon completion of such continuing
education and competency requirements as may be required by the Board,
upon the payment of a renewal fee specified under G.S. 90-270.77 and in
compliance with this Article, and shall expire unless renewed in the manner
prescribed by the Board. The Board may provide for the late renewal of a
license upon the payment of a late fee in accordance with G.S. 90-270.77,
but no such late renewal may be granted more than five years after a license
expires."
SECTION 11. G.S. 90-270.76 reads as rewritten:
"§ 90-270.76. Suspension, revocation and refusal to renew license.
(a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(1) Employment of
fraud, deceit or misrepresentation in obtaining or attempting to obtain a
license, or the renewal thereof;Obtaining a license by means of fraud,
misrepresentation, or concealment of material facts.
(2) Conviction of or a
plea of guilty or nolo contendere to any crime involving moral turpitude;Engaging
in unprofessional conduct pursuant to rules established by the Board or
violating the Code of Ethics adopted and published by the Board.
(3) Adjudication of
insanity or incompetency, until proof of recovery from the condition can be
established;Having been convicted of or pleaded guilty or nolo
contendere to a crime involving moral turpitude or any crime which indicates
that the occupational therapist or occupational therapy assistant is unfit or
incompetent to practice occupational therapy or that the occupational therapist
or occupational therapy assistant has deceived or defrauded the public.
(4) Engaging in any act or
practice violative of any of the provisions of this Article or any rule or
regulation adopted by the Board hereunder, or aiding, abetting or
assisting any person in such a violation;violation.
(5) Committing an act or
acts of malpractice, gross negligence or incompetence in the practice of
occupational therapy;therapy.
(6) Practicing as a
licensed occupational therapist or occupational therapist therapy
assistant without a current license;license.
(7) Engaging in conduct that could result in harm or injury to the public.
(8) Having an occupational therapy license revoked or suspended or other disciplinary action taken whether in this State or another jurisdiction.
(9) Being unfit or incompetent to practice occupational therapy by reason of deliberate or negligent acts or omissions regardless of whether actual injury to a patient is established.
(b) Such The denial,
refusal to renew, suspension, revocation or imposition of probationary
conditions upon a license may be ordered by the Board after a hearing held in
accordance with G.S. Chapter 150B and rules adopted by the Board. An
application may be made to the Board for reinstatement of a revoked license if
the revocation has been in effect for at least one year."
SECTION 12. G.S. 90-270.77 reads as rewritten:
"§ 90-270.77. Fees.
The Board shall adopt and publish, in the manner established by its rules and regulations, fees reasonably necessary to cover the cost of services rendered for the following purposes:
(1) For an initial
application, a fee not to exceed ten dollars ($10.00);($10.00).
(2) For examination,
reexamination, or issuance of a license an initial license, a
fee not to exceed one hundred dollars ($100.00);($100.00).
(3) For the renewal of a
license, a fee not to exceed fifty dollars ($50.00);($50.00).
(4) For the late renewal
of a license, a fee not to exceed fifty dollars ($50.00);($50.00).
(5) For a provisional
license,limited permit, a fee not to exceed thirty-five dollars
($35.00); andfifty dollars ($50.00). This fee shall expire October 1,
2007.
(6) For copies of Board
rules and licensure standards, charges not exceeding to exceed the
actual cost of printing and mailing."
SECTION 13. G.S. 90-270.78 reads as rewritten:
"§ 90-270.78. False representation of license prohibited.
(a) It is unlawful for any person who is not licensed in accordance with this Article or whose license has been suspended, revoked or not renewed by the Board to:
(1) Engage in the practice
of occupational therapy;therapy.
(2) Orally, in writing, in
print or by sign, or in any other manner, directly or by implication, represent
that he or she is engaging in occupational therapy; ortherapy.
(3) Use in connection with
his or her name or place of business the words "occupational
therapist" or "occupational therapist assistant";"occupational
therapist", "occupational therapy assistant", "occupational
therapist limited permittee", or "occupational therapy assistant
limited permittee", or the letters "O.T.", "O.T.R./L.",
"O.T./L.", "O.T.A.", or "C.O.T.A./L."
"O.T.A./L.", "O.T./L.P.", or 'O.T.A./L.P.' or any
other words, letters, abbreviations or insignia indicating or implying that the
person is an occupational therapist ortherapist, occupational therapist
assistant.therapy assistant, occupational therapist limited permittee,
or occupational therapy assistant limited permittee.
(b) Any person who resides in another state or foreign country and who, by use of electronic or other medium, performs any of the acts described as the practice of occupational therapy pursuant to this Article, but is not licensed pursuant to this Article, shall be regarded as practicing occupational therapy without a North Carolina license and is subject to the provisions of this Article and appropriate regulation by the Board."
SECTION 14. Article 18D of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-270.80A. Civil penalties, disciplinary costs.
(a) Authority to Assess Civil Penalties. - The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Article or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) Consideration Factors. - Before imposing and assessing a civil penalty, the Board shall consider the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c) Schedule of Civil Penalties. - The Board shall establish a schedule of civil penalties for violations of this Article and rules adopted by the Board.
(d) Costs. - The Board may assess the costs of disciplinary actions against any person found to be in violation of this Article or rules adopted by the Board."
SECTION 15. G.S. 90-270.81 reads as rewritten:
"§ 90-270.81. Persons and practices not affected.
Nothing in this Article shall be construed to prevent or restrict:
(1) Any person registered,
certified, credentialed, or licensed to engage in another profession or
occupation or any person working under the supervision of a person registered,
certified, credentialed, or licensed to engage in another profession or
occupation in this State from performing work incidental to the practice of
that profession or occupation as long as the person does not represent himself or
herself as an occupational therapist or occupational therapist
assistant;therapy assistant.
(2) Any person employed as
an occupational therapist or occupational therapist therapy assistant
by the government of the United States, if he or she provides
occupational therapy solely under the direction or control of the organization
by which he or she is employed;employed.
(3) Any person pursuing a
course of study leading to a degree or certificate in occupational therapy at
an accredited or approved educational program if such the activities
and services constitute a part of a supervised course of study and if the
person is designated by a title which clearly indicates his or her status
as a student or trainee;trainee.
(4) Any person fulfilling
the supervised field workfieldwork experience required for
licensure under this Article if the person is designated by a title whichtitle,
which clearly indicates his or her status as a student or trainee;trainee.
(5) Occupational
therapists or occupational therapist therapy assistants licensed
in other jurisdictions who are teaching consulting, teaching, or
participating in special occupational therapy education projects,
demonstrations or courses in this State, provided their evaluation and
treatment of patients is minimal.
(6) The practice of occupational therapy by an occupational therapist or occupational therapy assistant licensed in another jurisdiction who comes into this State, whether in person or by use of any electronic or other medium, on an irregular basis, to consult with a North Carolina licensed occupational therapist or occupational therapy assistant or to consult with faculty at an academic facility about education and training. This shall not apply to occupational therapists or occupational therapy assistants residing in a neighboring state and regularly practicing in this State."
SECTION 16. All members serving on the North Carolina Board of Occupational Therapy on the effective date of this act shall complete their current terms. Upon completion of their current terms, the occupational therapist members shall serve one additional term of either three or four years as follows: the occupational therapist member who served the longest may serve an additional three-year term; the other two occupational therapist members, the occupational therapy assistant member, and the physician member shall be eligible to serve one additional four-year term. The Governor shall appoint a new public member to serve a four-year term. The Governor shall also appoint the counselor, educator, or school-based professional member for a four-year term pursuant to G.S. 90-270.68(a)(4), as enacted in Section 4 of this act, to begin October 1, 2005. Members appointed thereafter shall serve four-year terms.
SECTION 17. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 24th day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:06 p.m. this 22nd day of September, 2005