Chapter 01. General Regulations

“Aide” means any individual who is not licensed by the Board to perform occupational therapy or limited occupational therapy and who provides supportive services to the occupational therapist or occupational therapy assistant under direct supervision.

“AOTA” means the American Occupational Therapy Association, formerly the American Occupational Therapy Certification Board (AOTCB).

“Board” means the State Board of Occupational Therapy Practice.

“Case resolution conference (CRC)” means a voluntary, informal, and confidential proceeding to explore the possibility of a consent order resolution of a disciplinary matter.

“Client” means a consumer, patient, or recipient of occupational therapy services.

“Competence” means an individual's capacity for performance in occupational therapy principles and procedures.

Competency.

“Direct supervision” means supervision provided on a face-to-face basis by a supervisor who is a licensed occupational therapist or occupational therapy assistant, during the performance of delegated client-related tasks.

“Elective nonrenewal” means choosing to render one's license inactive.

“Evaluation” means the ongoing process of:

“Expired license” means an individual’s authority to practice occupational therapy or limited occupational therapy which has not been renewed through the process of renewal or elective nonrenewal and is invalid.

“Licensed” means formally authorized by the Board to practice occupational therapy or limited occupational therapy.

“Licensee” means an individual who is a licensed occupational therapist or a licensed occupational therapy assistant.

Limited Occupational Therapy.

“NBCOT” means the National Board for Certification in Occupational Therapy, formerly the American Occupational Therapy Certification Board (AOTCB).

“Occupational therapist” means, unless the context requires otherwise, an occupational therapist that is licensed by the Board to practice occupational therapy.

“Occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities to evaluate, consult, and treat individuals that:

“Occupational therapy assistant” means, unless the context requires otherwise, an occupational therapy assistant who is licensed by the Board to practice limited occupational therapy.

“On-site supervision” means supervision provided by a supervisor who is:

Periodic Supervision.

“Reevaluation” means:

“Reactivation” means revalidating a license previously rendered invalid by the process of elective nonrenewal.

“Reinstatement” means revalidating a license previously rendered invalid.

“Renewal” means validating an active license for an additional term.

Screening.

“Supervision” means the provision of clinical aid, direction, and instruction, by either a licensed occupational therapist or an occupational therapy assistant, to ensure the competent delivery of occupational therapy services.

“Supervisor” means an occupational therapist or occupational therapy assistant, excluding temporary licensees, who is licensed by the Board and has the responsibility of clinically supervising the provision of occupational therapy treatment services.

“Temporary occupational therapy assistant licensee” means an individual licensed by the Board on a temporary basis, who:

“Temporary occupational therapist licensee” means an individual licensed by the Board on a temporary basis, who:

“Treatment program” means a therapeutic intervention plan designed by a licensed occupational therapist that outlines the selected approaches and types of intervention to be used to enable the client to reach identified targeted outcomes or treatment goals.

“Verification” means proof of licensure, certification, registration, or continuing education:

An initial license is issued after successfully completing the application process and is valid for 2-1/2 years or less.

At least 30 days before the expiration date of the license, the Board shall send a notice of renewal by electronic means or first-class mail to the last known electronic or physical address of each active licensee, and each licensee who is inactive by elective nonrenewal, who is eligible for renewal.

In order to renew a license, the licensee shall submit to the Board a completed renewal application by the deadline for renewal.

The licensee shall submit an electronic payment, money order, or check in the amount of the renewal fee established by the Board in COMAR 10.46.05.01.

Incomplete applications will not be accepted.

If a completed renewal application is submitted after the deadline but before the expiration, the Board shall assess a late fee as specified in COMAR 10.46.05.01.

A completed renewal application received with an on-line licensure confirmation or postmark dated after the expiration date of June 30 will not be accepted.

At the time of licensure renewal, a licensee who has completed the continuing competency requirement shall attest to the:

At the time of licensure renewal, a licensee shall indicate a desire to:

A licensee who is audited regarding continuing competency requirements, as specified in COMAR 10.46.04:

Licensure documentation not to exceed 6 months;

Temporary licensure documentation, with no changes in data originally submitted, not to exceed 6 months; and

Second temporary licensure documentation, with no changes in data originally submitted, not to exceed 6 months.

An application is not complete until all required material, including the required fee and supporting documentation, is received by the Board;

If an applicant for licensure, reinstatement, or reactivation fails to provide the required documentation within 6 months of receipt of the initial receipt, the Board may administratively close the application.

An applicant whose application is administratively closed may reapply and submit with the new application proof of compliance with:

An application completed in accordance with the directions provided;

Verification of:

Proof of fingerprinting for completion of a criminal history records check;

An approved form of payment in the amount of the application fee established by the Board in COMAR 10.46.05.01;

If currently, or previously, authorized to practice in any other state or country, or both, verification of:

Verification of successful completion of the Maryland Board of Occupational Therapy Jurisprudence Examination;

Documentation certifying:

Additional requirements as specified in COMAR 10.46.04 for applicants with 3 or more years lapse in practice.

A temporary license may be issued to an applicant who, except for completing the required certification examination, has met all other licensure requirements of this chapter.

To apply for a temporary license, an applicant shall submit the following documentation to the Board:

A second temporary license may be issued to an applicant:

To apply for a second temporary license, an applicant shall submit the following documentation to the Board:

Elective Nonrenewal.

Expiration. A license that has not been renewed through the process of renewal or elective nonrenewal is expired and invalid.

To apply for reactivation after elective nonrenewal or reinstatement after expiration, an applicant shall submit the following documentation to the Board within the timeframe specified on the application:

Additional requirements may apply for applicants with 3 or more years lapse in practice as specified in COMAR 10.46.04.

An applicant or licensee shall report a change of electronic mail address or postal address, in writing, within 30 days of the change.

Failure to comply may result in assessment of a fee as specified in COMAR 10.46.05.01.

An applicant or licensee shall report a change of name, in writing, within 30 days of the change;

The report of a change in name shall include documentation substantiating the name change.

Electronic Verification. An individual may independently obtain information on the licensure status of licensees in the following ways:

Board-Provided Verification.

An occupational therapist shall exercise sound judgment and provide adequate care in the performance of duties as provided in nationally recognized standards of practice.

An occupational therapist shall document client information as follows:

An occupational therapist shall immediately discontinue any treatment procedure that appears harmful to the client.

An occupational therapy assistant shall exercise sound judgment and provide adequate care in the performance of duties as provided in nationally recognized standards of practice.

An occupational therapy assistant shall document client information as follows:

An occupational therapy assistant may begin a treatment program after the occupational therapist has:

An occupational therapy assistant may not analyze or interpret evaluation data.

An occupational therapy assistant may assist and participate in the screening, evaluation, reevaluation, and discharge planning process by:

An occupational therapy assistant shall communicate to the occupational therapist verbally, in writing, or electronically, the information gathered.

An occupational therapy assistant shall track and report changes in the client's status that might warrant the need for reevaluation.

An occupational therapy assistant shall immediately discontinue any treatment procedure that appears harmful to the client and shall notify the supervising occupational therapist.

A licensed occupational therapist may supervise the clinical practice of the following:

Unless otherwise stated, a supervisor need not be physically present on the premises at all times, but may be available by telephone or by other electronic communication means.

Subject to the requirements of this section, an occupational therapy assistant may practice limited occupational therapy under the supervision of an occupational therapist provided it is at least periodic supervision.

The supervising occupational therapist working with the occupational therapy assistant shall determine the appropriate amount and type of supervision necessary, taking into consideration:

In addition to the other requirements specified by this section, supervision requires that, before the initiation of the treatment program and before a planned discharge, the supervising occupational therapist shall provide direction to the occupational therapy assistant by verbal, written, or electronic communication.

An occupational therapy assistant, under the direction of the occupational therapist, is permitted to be the primary clinical supervisor for the following:

The occupational therapy assistant may be utilized to facilitate occupational therapy student and occupational therapy assistant student learning experiences in both Level I and Level II fieldwork under the direction of the occupational therapist.

The supervising occupational therapist and the occupational therapy assistant are jointly responsible for maintaining formal documentation of periodic supervision as set forth in Regulation .05 of this chapter.

A temporary license to practice occupational therapy authorizes the licensee to practice occupational therapy with on-site supervision.

The supervising occupational therapist and the temporary occupational therapist are jointly responsible for maintaining documentation of supervision as set forth in Regulation .05 of this chapter.

A temporary license to practice limited occupational therapy authorizes the licensee to practice limited occupational therapy with on-site supervision.

The supervising occupational therapist or the supervising occupational therapy assistant and the temporary occupational therapy assistant are jointly responsible for maintaining documentation of supervision as set forth in Regulation .05 of this chapter.

A supervising occupational therapist or occupational therapy assistant working with an aide shall provide direct supervision to the aide when the aide is performing tasks within the occupational therapy treatment program.

The supervising occupational therapist or occupational therapy assistant shall assign to an aide only those tasks that do not require education or training in occupational therapy and that the aide can perform competently.

The supervising occupational therapist or occupational therapy assistant is responsible for ensuring that the aide delivers service in a safe and competent manner.

Prescribed tasks within the treatment program that may be performed by an aide under the direct supervision of an occupational therapist include, but are not limited to:

Prescribed tasks within the treatment program that may be performed by an aide under the direct supervision of an occupational therapist or occupational therapy assistant include:

Nontreatment activities that may be performed by an aide under the direction of an occupational therapist or occupational therapy assistant include:

Reports or summaries documenting compliance with periodic supervision that are written and signed with credentials by the occupational therapy assistant and cosigned by the supervising occupational therapist;

Documentation for planned discharges from the occupational therapy treatment program that are written and signed with credentials by the occupational therapy assistant and cosigned by the supervising occupational therapist; and

Documentation of demonstrated competency in the use of specific procedures, activities, modalities, and techniques.

Evaluations cosigned by the supervising occupational therapist;

Reports or summaries documenting compliance with on-site supervision that are written and signed with credentials by the temporary occupational therapist and cosigned by the supervising occupational therapist;

Cosigned revised treatment programs designed in response to changes in a client's status; and

Documentation for planned discharges from the occupational therapy treatment program that are written and signed with credentials by the temporary occupational therapist and cosigned by the supervising occupational therapist.

All client records cosigned by the supervisor;

Reports or summaries documenting compliance with on-site supervision that are written and signed with credentials by the temporary occupational therapy assistant and cosigned by the supervising occupational therapist or occupational therapy assistant; and

Documentation for planned discharges from the occupational therapy treatment program that are written and signed with credentials by the temporary occupational therapy assistant and cosigned by the supervising occupational therapist.

Be responsible for the safe and competent performance of tasks assigned to the aide; and

Document evidence of unsafe or incompetent performance.

All client records cosigned by the supervisor;

Reports or summaries documenting compliance with on-site supervision that are written and signed by the Level I or Level II fieldwork occupational therapy or occupational therapy assistant student and cosigned by the supervising occupational therapist or occupational therapy assistant; and

Documentation for planned discharges from the occupational therapy treatment program that are written and signed with credentials by the Level I or Level II fieldwork occupational therapy or occupational therapy assistant student and cosigned by the supervising occupational therapist.

The information concerns possible criminal activity and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

The information concerns a possible violation of law and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation and the information disclosed is limited to information relevant to the possible violation by that individual; or

The information concerns conduct by an individual which the Board reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.