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: An individual employed by the federal government as an occupational therapist or an occupational therapy assistant, while practicing within the scope of that employment; A student or trainee who is designated as a student or trainee, while: Fulfilling a field work requirement under § 10-302 of this subtitle; or Pursuing a supervised course of study in an accredited or approved educational program leading to a degree or certificate in: Occupational therapy; or Occupational therapy assistant; Subject to the regulations adopted by the Board, an aide who supports the practice of occupational therapy or the practice of limited occupational therapy, if the aide: Works only under the direct supervision of a licensed occupational therapist or occupational therapy assistant and subject to the occupational therapist’s responsibility for supervision, as provided by this subtitle; and Performs only support activities that do not require training in the basic anatomical, biological, psychological, and social sciences used in the practice of occupational therapy; An occupational therapist who is authorized to practice occupational therapy in any other jurisdiction, if the occupational therapist practices occupational therapy in this State for the purpose of educating, consulting, and training, for the duration of the purpose, as preapproved by the Board; or An occupational therapy assistant who is authorized to practice limited occupational therapy in any other jurisdiction, if the occupational therapy assistant practices limited occupational therapy in this State for the purpose of educating, consulting, and training, for the duration of the purpose, as preapproved by the Board.

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: Graduated from an educational program in occupational therapy that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and Completed the equivalent of at least 6 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements. An applicant for an occupational therapy assistant license shall have successfully: Graduated from an educational program for occupational therapy assistants that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and Completed the equivalent of at least 4 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements. 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: One complete set of legible fingerprints taken in a manner approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and The processing fee required by the Federal Bureau of Investigation for a national criminal history records check. 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: Is confidential; May not be redisseminated; and Shall be used only for the licensing purpose authorized by this title. 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 education and experience requirements of § 10-302(d) of this subtitle for an applicant for an occupational therapist license: Who applied for a license before July 1, 1979; Whose principal residence is in this State; Who presents to the Board satisfactory evidence that the applicant practiced occupational therapy in this State for at least 2 years before July 1, 1979; and Who has a baccalaureate degree in a health science from an accredited college or university. Except for an applicant who was licensed as an occupational therapy assistant under subsection (b) of this section, the Board shall waive the education requirements of § 10-302(d) of this subtitle for an applicant for an occupational therapist license who has: Practiced limited occupational therapy for at least 4 years either as a licensed occupational therapy assistant or as an occupational therapy assistant certified by the American Occupational Therapy Association; and Had at least 6 months full-time supervised field work experience. The Board shall waive the requirements of § 10-302(e) of this subtitle for an applicant for an occupational therapy assistant license: Who applied for a license before July 1, 1979; Whose principal residence is in this State; Who presents to the Board satisfactory evidence that the applicant has practiced limited occupational therapy in this State for at least 2 years before July 1, 1979; and Who has a high school diploma or has completed successfully a high school equivalency examination or program.

To apply for a license, an applicant shall: Submit an application to the Board in the form required by the Board; Pay to the Board the application fee set by the Board; and Submit to a State and national criminal history records check in accordance with § 10–302.1 of this subtitle. 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: An occupational therapist license; and An occupational therapy assistant license. The Board shall notify each qualified applicant of the time and place of examination. The Board shall determine the subjects, scope, form, and standards for acceptable performance for examinations given under this subtitle. The subjects examined shall include: The basic and clinical sciences that relate to occupational therapy; The theory and practice of occupational therapy; The professional skills used in the practice of occupational therapy or limited occupational therapy; and Judgment in using occupational therapy techniques and methods. 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: Occupational therapy; or Limited occupational therapy or its equivalent. The Board may grant a waiver under this section only if the applicant: Pays the application fee set by the Board under § 10-304 of this subtitle; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this title; and Became licensed in the other state after meeting requirements in that or any other state that are at least equivalent to the requirements of this State.

Subject to the provisions of this subsection, the Board shall waive the appropriate examination requirement of this title for an applicant who: Pays the application fee set by the Board under § 10-304 of this subtitle; and If applying for an occupational therapist license, was certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.) at any time before July 1, 1979; or If applying for an occupational therapy assistant license, was certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.) at any time before July 1, 1979. 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: Pays the application fee set by the Board under § 10-304 of this subtitle; and Provides adequate evidence that the applicant became certified after meeting requirements that are at least equivalent to the licensing requirements of this State.

Subject to subsection (d) of this section, the Board shall license an applicant who meets the requirements of this title for that license. The Board shall maintain an electronic roster of each individual licensed by the Board. The roster shall be available for the purpose of electronically verifying licensure through the Board’s website or a mobile application issued by the Board. Individuals without access to the Board’s website or the mobile application may contact the Board to verify a license. Licensees shall present evidence of licensure to: An employer as part of the employment process; and A client at the request of the client or the client’s designated decision maker. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 10–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not license an applicant if the criminal history record information required under § 10–302.1 of this subtitle has not been received.

An occupational therapist license authorizes the licensee to practice occupational therapy while the license is effective.

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: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Except as otherwise provided in this title, before the license expires, the licensee periodically may renew it for an additional term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; Satisfactory evidence of compliance with any continuing competency requirements and other qualifications and requirements set under this section for license renewal; and Satisfactory evidence of having completed a State and national criminal history records check in accordance with § 10–302.1 of this subtitle. 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: Applies for renewal within 30 days after the deadline for renewal; Meets the renewal requirements of this section; Pays to the Board the renewal fee set by the Board; and Pays to the Board the late fee set by the Board. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 10–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not renew a license if the criminal history record information required under § 10–302.1 of this subtitle has not been received. Unless otherwise required, a renewal applicant who has previously completed the criminal history records check as required for the Board’s application process does not have to submit to a subsequent criminal history records check for license renewal.

The Board may reinstate the license of an occupational therapist or an occupational therapy assistant who has failed to renew the license for any reason, and who applies for reinstatement more than 30 days after the license renewal deadline, 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 issued to an occupational therapist authorizes the holder to practice occupational therapy only under the on-site supervision of an occupational therapist who is authorized to practice in this State. A temporary license issued to an occupational therapy assistant authorizes the holder to practice limited occupational therapy only under the on-site supervision of an occupational therapist or an occupational therapy assistant who is authorized to practice in this State. A temporary license is valid until: Notification of expiration by the Board for the licensee’s failure to successfully complete the exam; Notification of suspension for the licensee’s failure to submit exam results to the Board; or Notification of permanent licensure. 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.

Subject to the hearing provisions of § 10–316 of this subtitle, the Board may deny a license or temporary license to any applicant, reprimand any licensee or holder of a temporary license, place any licensee or holder of a temporary license on probation, or suspend or revoke a license or temporary license if the applicant, licensee, or holder: 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: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; 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 chairman may delegate the authority to conduct a hearing to a committee consisting of two or more Board members. The committee shall: Hold an evidentiary hearing; and Prepare a recommended decision for consideration by a quorum of the Board. The committee shall give notice to the individual of the opportunity to file exceptions and present argument to the Board regarding the recommended decision. 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: The unauthorized practice of occupational therapy or limited occupational therapy; or Conduct that is grounds for disciplinary action under § 10-315 of this subtitle. An action under this section may be brought by: The Board; The Attorney General, in the name of the State; or A State’s Attorney in the name of the State. An action under this section may be brought in the county where: The defendant resides; or The defendant engaged in the act sought to be enjoined. 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.

On the application of an individual whose license has been revoked, the Board, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license.

In this section, “impaired occupational therapist professionals committee” means a committee that: Is defined in subsection (b) of this section; and Performs any of the functions listed in subsection (d) of this section. 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: Is recognized by the Board; and Includes but is not limited to occupational therapists. An impaired occupational therapist professionals committee of the Board or recognized by the Board may function: Solely for the Board; or Jointly with an impaired professionals committee representing another board or boards. 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. Except as otherwise provided in this subsection, the proceedings, records, and files of the impaired occupational therapist professionals committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the impaired occupational therapist professionals committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the impaired occupational therapist professionals committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. 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.