Title 10. Occupational Therapists — Subtitle 3. Licensing

Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice occupational therapy or limited occupational therapy in this State.

This section does not apply to:

To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be of good moral character.

The applicant shall be at least 18 years old.

An applicant for an occupational therapist license shall have successfully:

An applicant for an occupational therapy assistant license shall have successfully:

The applicant shall pass the appropriate examination given by NBCOT or any other national credentialing organization approved by the Board.

The applicant shall submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.

Information obtained from the Central Repository under this section:

The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

The Board shall waive the requirements of § 10-302(e) of this subtitle for an applicant for an occupational therapy assistant license:

To apply for a license, an applicant shall:

If an applicant is required under this title to take an examination, the applicant shall submit the application and fee at least 30 days before the date of the examination that the applicant is required to take.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:

The Board shall notify each qualified applicant of the time and place of examination.

In accordance with the rules and regulations of the Board, an applicant may obtain the applicant’s score and review the applicant’s examination papers.

Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for an applicant who is licensed in any other state to practice:

The Board may grant a waiver under this section only if the applicant:

Subject to the provisions of this subsection, the Board shall waive the appropriate examination requirement of this title for an applicant who:

The Board may grant a waiver of the appropriate examination requirement of this subtitle to an applicant for an occupational therapist license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.), or to an applicant for an occupational therapy assistant license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.), only if the applicant:

Subject to subsection (d) of this section, the Board shall license an applicant who meets the requirements of this title for that license.

Licensees shall present evidence of licensure to:

Subject to subsection (b) of this section, an occupational therapy assistant license authorizes the licensee to practice limited occupational therapy while the license is effective.

A licensed occupational therapy assistant may practice limited occupational therapy only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this State.

A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.

At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:

Except as otherwise provided in this title, before the license expires, the licensee periodically may renew it for an additional term, if the licensee:

In addition to any other qualifications and requirements established by the Board, the Board may establish continuing competency requirements as a condition to the renewal of licenses under this section.

Subject to subsection (g) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.

The Board shall renew the license of an occupational therapist or an occupational therapy assistant who has failed to renew the license for any reason if the occupational therapist or occupational therapy assistant:

Meets the renewal requirements of § 10-311 of this subtitle;

Pays to the Board the reinstatement fee set by the Board;

Provides documentation of successfully completing the continuing education requirements established by the Board; and

Completes any other requirements established by regulation.

The Board may issue a temporary license to an applicant who, except for passing an examination otherwise required under this subtitle, has met the appropriate education and experience requirements of this subtitle for an occupational therapist license or an occupational therapy assistant license under § 10-302 of this subtitle.

A temporary license is valid until:

The Board may not issue more than two temporary licenses to an individual.

Unless the Board agrees to accept the surrender of a license, a licensed occupational therapist, licensed occupational therapy assistant, or holder of a limited or temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.

Fraudulently or deceptively obtains or attempts to obtain a license or temporary license for the applicant, licensee, or holder or for another;

Fraudulently or deceptively uses a license or temporary license;

Commits any act of gross negligence, incompetence, or misconduct in the practice of occupational therapy or limited occupational therapy;

Knowingly violates any provision of this title;

Violates any rule or regulation of the Board, including any code of ethics adopted by the Board;

Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

Aids or abets an unauthorized individual in the practice of occupational therapy or limited occupational therapy;

Provides professional services while:

Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

Willfully makes or files a false report or record in the practice of occupational therapy or limited occupational therapy;

Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

Submits a false statement to collect a fee;

Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; or

Fails to submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 10-315 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 30 days before the hearing.

The individual may be represented at the hearing by counsel.

Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Except as provided in this section for an action under § 10–315 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

Any person aggrieved by a final decision of the Board under § 10–315 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

An action may be maintained in the name of the State or the Board to enjoin:

An action under this section may be brought by:

An action under this section may be brought in the county where:

Proof that damage or possible damage will be incurred if an injunction is not granted is not required for an action under this section.

An action under this section does not preclude a criminal prosecution for the unauthorized practice of occupational therapy under § 10-401 of this title or disciplinary action under § 10-315 of this subtitle.

In this section, “impaired occupational therapist professionals committee” means a committee that:

For purposes of this section, an impaired occupational therapist professionals committee is a committee of the Board or a committee of the Maryland Occupational Therapy Association that:

An impaired occupational therapist professionals committee of the Board or recognized by the Board may function:

For purposes of this section, an impaired occupational therapist professionals committee evaluates and provides assistance to any occupational therapist or occupational therapy assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

A person who acts in good faith and within the scope of jurisdiction of an impaired occupational therapist professionals committee is not civilly liable for any action as a member of the impaired occupational therapist professionals committee or for giving information to, participating in, or contributing to the function of the impaired occupational therapist professionals committee.