43-40 Occupational Therapists - North Dakota Statutes

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CHAPTER 43-40OCCUPATIONAL THERAPISTS43-40-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Board" means the board of occupational therapy practice.2."Occupational therapist" means a person licensed to practice occupational therapy
under this chapter.3."Occupational therapy aide" means an unlicensed person who assists in the practice
of occupational therapy under the direct supervision of an occupational therapist or
occupational therapy assistant in accordance with rules adopted by the board.4."Occupational therapy assistant" means a person licensed to assist in the practice of
occupational therapy, under this chapter, who works under the supervision of an
occupational therapist.5."Occupational therapy practice" means the use of occupation and purposeful activity
or intervention designed to achieve functional outcomes that promote health, prevent
injury or disability, and which develop, improve, sustain, or restore the highest
possible level of independence of any individual who has an injury, illness, cognitive
impairment, psychosocial dysfunction, mental illness, developmental or learning
disability, physical disability or other disorder or condition, and occupational therapy
education. Occupational therapy encompasses evaluation, treatment, consultation,
research, and education.Occupational therapy practice includes evaluation byskilledobservation,administration,andinterpretationofstandardizedandnonstandardized tests and measurements.The occupational therapy practitionerdesigns and implements interventions directed toward developing, improving,
sustaining, and restoring sensorimotor, neuromuscular, emotional, cognitive, or
psychosocial performance components.Interventions include activities thatcontribute to optimal occupational performance including self-care; daily living skills;
skills essential for productivity, functional communication and mobility; positioning;
social integration; cognitive mechanisms; enhancing play and leisure skills; and the
design, provision, and training in the use of assistive technology, devices, orthotics,
or prosthetics or environmental adaptations to accommodate for loss of occupational
performance.Therapy may be provided individually or in groups to preventsecondary conditions, promote community integration, and support the individual's
health and well-being within the social and cultural contexts of the individual's natural
environment.6."Occupational therapy student" is a person enrolled in an accredited occupational
therapy education program.43-40-02.License required - Title - Abbreviation.A person may not practiceoccupational therapy or hold out as an occupational therapist, or as being able to practice
occupational therapy, or to render occupational therapy services in this state unless that person
is licensed under this chapter.Only individuals may be licensed under this chapter.Anindividual licensed under this chapter as an occupational therapist may use the title "occupational
therapist" and the abbreviation "OT/L" or other designation approved by the board. An individual
licensed under this chapter as an occupational therapy assistant may use the title "occupational
therapy assistant" and the abbreviation "OTA/L" or other designation approved by the board. No
other individual may use these names or abbreviations.43-40-03. Persons and practices not affected by chapter. This chapter does notprevent or restrict the practice, services, or activities of:Page No. 11.Services by a person licensed by the state and working within the standards and
ethics of that person's profession, if that person does not represent to the public that
the person is an occupational therapist or occupational therapy assistant.2.Any person employed as an occupational therapist or occupational therapy assistant
by the United States or any agency of it, if the person provides occupational therapy
solely under the direction or control of the organization by which employed.3.Any person performing occupational therapy consultation, continuing education,
inservice, or preservice training in this state, if these services are performed for no
more than thirty days in a calendar year, if:a.The person is licensed or registered under the law of another state which has
regulatory requirements at least as stringent as the requirements of this
chapter; orb.The person meets the requirements for certification as an occupational
therapist registered or a certified occupational therapy assistant, established by
a national occupational therapy certifying agency approved by the board.43-40-03.1. Occupational therapy students - Occupational therapy aides.1.A person pursuing a supervised course of study leading to a degree or certificate in
occupational therapy at an accredited or approved educational program may
perform occupational therapy services if the services are a part of the student's
supervised course of study, provided that the student is designated by a title that
clearly indicates the student's status as a student or trainee.2.Occupational therapy aides may assist in the practice of occupational therapy only
under the direct supervision of an occupational therapist or occupational therapy
assistant and in accordance with rules adopted by the board.43-40-04. Board of occupational therapy practice - Appointment - Meetings.1.There is established a board of occupational therapy practice.The board shallconsist of five members appointed by the governor, all of whom must be residents of
this state.The occupational therapy practitioners appointed must have beenengaged in rendering occupational therapy services to the public, teaching, or
research in occupational therapy for at least three years immediately preceding their
appointments.Three board members must be licensed occupational therapists.One member must be a licensed occupational therapy assistant. One member must
represent the public with an interest in the rights of the consumers of health
services.2.Appointments must be for three-year terms, but no person may be appointed to
serve more than two consecutive terms.Terms begin on the first day of thecalendar year and end on the last day of the calendar year or until successors are
appointed.3.If a vacancy in one of the positions exists, the governor shall appoint, as soon as
practicable, a person to the unexpired term.4.The board shall meet during the first month of each calendar year to select a
chairman and for other purposes. At least one additional meeting must be held
before the end of each calendar year. Other meetings may be convened at the call
of the chairman or the written request of any two board members.Page No. 25.Members of the board may receive no compensation for their services, but are
entitled to reasonable travel and other expenses incurred in the execution of their
powers and duties, as set by the board.43-40-05.Board powers, duties, and authority.The board shall administer,coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve
the examinations for licensure under this chapter. The board shall keep any records and minutes
as are necessary to carry out its functions. The board may:1.Issue subpoenas, examine witnesses, and administer oaths, and may investigate
allegations of practices violating the provisions of this chapter.2.Adopt rules pursuant to chapter 28-32, relating to professional conduct to carry out
the policy of this chapter, including rules relating to professional licensure and to the
establishment of ethical standards of practice for persons holding a license to
practice occupational therapy in this state.43-40-06. Board administrative authority and requirements.1.The board may employ an executive secretary and other officers and employees it
deems necessary.2.The board shall adopt a seal by which it authenticates its proceedings.3.All funds collected or received by the board must be deposited and disbursed in
accordance with section 54-44-12.4.The executive secretary shall pay upon approval of the board all appropriate
expenses incurred by the board in the administration of this chapter.43-40-07.Fees.The board shall prescribe by rule the fee for application forexamination, the initial license fee, the renewal of license fee, the late renewal fee, and the
limited permit fee. These fees must be set in such an amount as to reimburse the board, to the
extent feasible, for the cost of the services rendered.43-40-08.Requirements for licensure.An applicant applying for a license as anoccupational therapist or as an occupational therapy assistant shall file a written application
provided by the board, demonstrating to the satisfaction of the board that the applicant:1.Is competent.2.Will adhere to the code of ethics adopted by the board.3.Has successfully completed the academic requirements of an educational program
in occupational therapy recognized by the board.a.The occupational therapy educational program must be accredited by a
national occupational therapy accrediting agency approved by the board.b.The occupational therapy assistant educational program must be accredited by
a national occupational therapy accrediting agency approved by the board.4.Has successfully completed a period of supervised fieldwork experience required by
the accredited educational institution where the applicant met the academic
requirements required by a national occupational therapy accrediting agency
approved by the board.5.Has passed an examination approved by the board.Page No. 343-40-09.Occupational therapy assistant licensure as occupational therapist.Repealed by S.L. 1999, ch. 394,