This law establishes the official name for a set of regulations regarding occupational therapy as the "Occupational Therapy Practice Act."
This chapter may be cited as the Occupational Therapy Practice Act.
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(Repealed and added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
This law states that occupational therapy in California plays a critical role in ensuring public health and safety, so it's important for this field to be regulated and controlled to protect people.
The Legislature finds and declares that the practice of occupational therapy in California affects the public health, safety, and welfare and there is a necessity for that practice to be subject to regulation and control.
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(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
If you have a license issued under this chapter, you need to renew it as the board requires, or it will expire. They might allow late renewals. Besides other renewal requirements, you must also meet ongoing competence standards set by the board to keep your license. Part of these standards can be met through competency assessments as part of your professional development plan, but only if they help protect public health, safety, and welfare.
(a)CA Business and Professions Code § 2570.10(a) Any license issued under this chapter shall be subject to renewal as prescribed by the board and shall expire unless renewed in that manner. The board may provide for the late renewal of a license as provided for in Section 163.5.
(b)CA Business and Professions Code § 2570.10(b) In addition to any other qualifications and requirements for licensure renewal, the board shall by rule establish and require the satisfactory completion of continuing competence requirements as a condition of renewal of a license. Only a portion of continuing competence requirements, as determined by the board to protect public health, safety, and welfare, may be fulfilled through competency assessment activities performed within the context of a broader professional development plan.
license renewal continuing competence late renewal public health safety professional development plan competency assessment license expiration renewal requirements ongoing competence standards protect public welfare
(Amended by Stats. 2018, Ch. 490, Sec. 5. (AB 2221) Effective January 1, 2019.)
If an occupational therapist or assistant is in good standing and meets certain criteria, they can apply in writing to the board to have their license put on inactive status.
Upon a written request, the board may grant inactive status to an occupational therapist or occupational therapy assistant who is in good standing, who meets the requirements of Section 462.
occupational therapist occupational therapy assistant inactive status written request good standing board approval Section 462 professional license inactive license California Board license requirements
(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
This law explains that occupational therapy assistants in California must work under the supervision of a licensed occupational therapist. Additionally, any aides that help with tasks directly related to clients need to be continuously and directly supervised by either an occupational therapist or an occupational therapy assistant.
(a)CA Business and Professions Code § 2570.13(a) Consistent with this section, subdivisions (a), (b), and (c) of Section 2570.2, and accepted professional standards, the board shall adopt rules necessary to assure appropriate supervision of occupational therapy assistants and aides.
(b)CA Business and Professions Code § 2570.13(b) An occupational therapy assistant may practice only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this state.
(c)CA Business and Professions Code § 2570.13(c) An aide providing delegated, client-related supportive services shall require continuous and direct supervision by an occupational therapist or occupational therapy assistant.
occupational therapy assistants supervision occupational therapist aides client-related supportive services continuous supervision direct supervision Board rules professional standards supervisory requirements
(Amended by Stats. 2012, Ch. 799, Sec. 16. (SB 1575) Effective January 1, 2013.)
If someone is applying to become an occupational therapist and hasn't practiced in the last five years, they'll need to show extra proof of their skills. This can be either proof of keeping up with their professional skills over the last two years or proof that they've passed the entry-level exam in the last two years.
An initial applicant who has not been actively engaged in the practice of occupational therapy within the past five years shall provide to the board, in addition to the requirements for licensure under Section 2570.6, any of the following:
(a)CA Business and Professions Code § 2570.14(a) Evidence of continued competency as referred to in subdivision (b) of Section 2570.10 for the previous two-year period.
(b)CA Business and Professions Code § 2570.14(b) Evidence of having completed the entry-level examination as described in subdivision (b) of Section 2570.7 within the previous two-year period.
occupational therapy initial applicant continued competency entry-level examination practice requirement licensure board requirements professional skills inactive practice competency evidence
(Amended by Stats. 2018, Ch. 490, Sec. 6. (AB 2221) Effective January 1, 2019.)
If you're an occupational therapist or assistant trained outside the U.S., you need to pass a specific exam to work in this field. Also, you must have completed similar education and training as described in another section of the law before you can take this exam.
Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall be required to satisfy the examination requirements of Section 2570.7. The board shall require that these applicants have completed educational and supervised fieldwork requirements substantially equal to those contained in Section 2570.6, before taking the examination.
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(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
This law section outlines various fees associated with professional licensing. The main license and renewal fee is capped at $150 per year. Additional fees include a $50 application fee, a late renewal fee, a fee for obtaining a limited permit, costs for fingerprinting to check criminal history, and a charge for checking with the National Practitioner Data Bank. These extra fees must not exceed the actual costs for these services.
Initial license and renewal fees shall be established by the board in an amount that does not exceed a ceiling of one hundred fifty dollars ($150) per year. The board shall establish the following additional fees:
(a)CA Business and Professions Code § 2570.16(a) An application fee not to exceed fifty dollars ($50).
(b)CA Business and Professions Code § 2570.16(b) A late renewal fee as provided for in Section 2570.10.
(c)CA Business and Professions Code § 2570.16(c) A limited permit fee.
(d)CA Business and Professions Code § 2570.16(d) A fee to collect fingerprints for criminal history record checks. This fee shall not exceed the amount charged by the agency providing the criminal history record
checks.
(e)CA Business and Professions Code § 2570.16(e) A fee to query the National Practitioner Data Bank for applicants for licensure and renewal of licensure. The fee shall not exceed the amount charged per query.
license fees renewal fee application fee late renewal fee limited permit fee fingerprint fee criminal history checks National Practitioner Data Bank fee limits professional licensing costs initial license renewal costs licensure annual ceiling service charges
(Amended by Stats. 2017, Ch. 429, Sec. 6. (SB 547) Effective January 1, 2018.)
In California, occupational therapists or assistants can apply for a retired license by paying a $25 fee if their current license is not suspended or restricted. A retired license means they can't work as practicing therapists, but they can use titles like 'occupational therapist, retired.' They don't need to renew this retired license, but if they want to start working again, they'll have to follow specific steps outlined in a different section.
(a)CA Business and Professions Code § 2570.17(a) The board shall issue, upon application and payment of a twenty-five dollar ($25) fee, a retired license to an occupational therapist or an occupational therapy assistant who holds a license that is current and active, or capable of being renewed pursuant to Section 2570.10, and whose license is not suspended, revoked, or otherwise restricted by the board or subject to discipline under this chapter.
(b)CA Business and Professions Code § 2570.17(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active license is required. An occupational therapist holding a retired license shall be permitted to use the title “occupational therapist, retired” or “retired occupational therapist.” An occupational therapy assistant holding a
retired license shall be permitted to use the title “occupational therapy assistant, retired” or “retired occupational therapy assistant.” The designation of retired shall not be abbreviated in any way.
(c)CA Business and Professions Code § 2570.17(c) The holder of a retired license shall not be required to renew that license.
(d)CA Business and Professions Code § 2570.17(d) In order for the holder of a retired license issued pursuant to this section to restore his or her license, he or she shall comply with Section 2570.14.
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(Added by Stats. 2009, Ch. 307, Sec. 22. (SB 821) Effective January 1, 2010.)
This law makes it clear that you can only claim to be an occupational therapist in California if you're properly licensed. You can't use titles, abbreviations, or any representation suggesting you're an occupational therapist, like O.T. or O.T.D., without the right credentials. Even if you've earned a doctoral degree in the field, you can only use titles like 'Doctor' if you meet specific requirements. Additionally, occupational therapy educators in California must also be licensed. Misrepresenting yourself as an occupational therapist or assistant is illegal and counts as unfair business practice and false advertising.
(a)CA Business and Professions Code § 2570.18(a) A person shall not represent to the public by title, education, or background, or by description of services, methods, or procedures, or otherwise, that the person is authorized to practice occupational therapy in this state, unless authorized to practice occupational therapy under this chapter.
(b)CA Business and Professions Code § 2570.18(b) Unless licensed to practice as an occupational therapist under this chapter, a person may not use the professional abbreviations “O.T.,” “O.T./L.,” or “O.T.D.,” “Occupational Therapist,” “Occupational Therapist Licensed,” “Occupational Therapist Doctorate,” or any other words, letters, or symbols with the intent to represent that the person practices or is authorized to practice occupational therapy.
(c)CA Business and Professions Code § 2570.18(c) A licensee who has earned a doctoral degree in occupational therapy (OTD) or, after adoption of the regulations described in subdivision (e), a doctoral degree in a related area of practice or study may do the following:
(1)CA Business and Professions Code § 2570.18(c)(1) In a written communication, use the initials OTD, DrPH, PhD, or EdD, as applicable, following the licensee’s name.
(2)CA Business and Professions Code § 2570.18(c)(2) In a written communication, use the title “Doctor” or the abbreviation “Dr.” preceding the licensee’s name, if the licensee’s name is immediately followed by an unabbreviated specification of the applicable doctoral degree held by the licensee.
(3)CA Business and Professions Code § 2570.18(c)(3) In a spoken
communication while engaged in the practice of occupational therapy, use the title “Doctor” preceding the licensee’s name, if the licensee specifies that he or she is an occupational therapy practitioner.
(d)CA Business and Professions Code § 2570.18(d) A doctoral degree described in subdivision (c) shall be granted by an institution and program accredited by the Western Association of Schools and Colleges, the Accreditation Council on Occupational Therapy Education, or by an accrediting agency recognized by the National Commission on Accrediting or the United States Department of Education that the board determines is equivalent to the Western Association of Schools and Colleges.
(e)CA Business and Professions Code § 2570.18(e) The board shall define, by regulation, the doctoral degrees that are in a related area of practice or study
for purposes of subdivision (c).
(f)CA Business and Professions Code § 2570.18(f) Unless licensed to assist in the practice of occupational therapy as an occupational therapy assistant under this chapter, a person may not use the professional abbreviations “O.T.A.,” “O.T.A/L.,” or “Occupational Therapy Assistant,” “Licensed Occupational Therapy Assistant,” or any other words, letters, or symbols, with the intent to represent that the person assists in, or is authorized to assist in, the practice of occupational therapy as an occupational therapy assistant.
(g)CA Business and Professions Code § 2570.18(g) The unauthorized practice or representation as an occupational therapist or as an occupational therapy assistant constitutes an unfair business practice under Section 17200 and false and misleading advertising under Section 17500.
(h)CA Business and Professions Code § 2570.18(h) An
occupational therapist that is serving as an educator in an education program for occupational therapists in California must be licensed. The licensure requirement also applies to an occupational therapist that is serving as an educator in an education program for occupational therapy assistants in California.
(i)CA Business and Professions Code § 2570.18(i) An occupational therapy assistant that is serving as an educator in an education program for occupational therapy assistants in California must be licensed.
occupational therapist occupational therapy assistant OTD doctorate degree licensure requirement false advertising unfair business practice title misuse education program professional abbreviations board regulations Western Association doctoral degrees written communication spoken communication
(Amended by Stats. 2018, Ch. 490, Sec. 7. (AB 2221) Effective January 1, 2019.)
This California law establishes the Board of Occupational Therapy, which oversees the practice of occupational therapy in the state. The board is made up of three occupational therapists, one occupational therapy assistant, and three public members. Members are mainly appointed by the Governor and have specific requirements, such as practicing or assisting in occupational therapy for five years. The board meets at least annually in major cities like Sacramento, Los Angeles, and San Francisco. Appointed board members serve staggered terms and can be removed for misconduct. This law is effective until January 1, 2027.
(a)CA Business and Professions Code § 2570.19(a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.
(b)CA Business and Professions Code § 2570.19(b) The members of the board shall consist of the following:
(1)CA Business and Professions Code § 2570.19(b)(1) Three occupational therapists who shall have practiced occupational therapy for five years.
(2)CA Business and Professions Code § 2570.19(b)(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.
(3)CA Business and Professions Code § 2570.19(b)(3) Three public members who shall not be licentiates of the board, of
any other board under this division, or of any board referred to in Section 1000 or 3600.
(c)CA Business and Professions Code § 2570.19(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.
(d)CA Business and Professions Code § 2570.19(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding
their
appointments.
(e)CA Business and Professions Code § 2570.19(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.
(f)CA Business and Professions Code § 2570.19(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive
terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before
commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.
(g)CA Business and Professions Code § 2570.19(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.
(h)CA Business and Professions Code § 2570.19(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(i)CA Business and Professions Code § 2570.19(i) Members of the
board shall receive no compensation for their services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in accordance with Section 103.
(j)CA Business and Professions Code § 2570.19(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.
(k)CA Business and Professions Code § 2570.19(k) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
California Board of Occupational Therapy occupational therapists occupational therapy assistant public members Governor appointments meeting locations term limits appointment terms Bagley-Keene Open Meeting Act board member removal travel expenses member residency substantial financial interest appointment vacancies repeal date 2027
(Amended by Stats. 2022, Ch. 290, Sec. 3. (AB 2671) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
This law defines key terms related to occupational therapy in California. Occupational therapy involves using meaningful activities to help individuals improve or maintain their ability to perform everyday tasks. An aide is someone who, under supervision, assists an occupational therapist or assistant. The therapist is responsible for guiding and documenting the work. The law also describes the requirements for therapists and assistants, such as having a valid license and ongoing competence. It explains what occupational therapy services include, such as assessments and treatments to help individuals with physical, mental, or developmental challenges. Hand therapy and physical modalities are also defined as part of occupational therapy practice.
As used in this chapter, unless the context requires otherwise:
(a)CA Business and Professions Code § 2570.2(a) “Appropriate supervision of an aide” means that the responsible occupational therapist or occupational therapy assistant shall provide direct in-sight supervision when the aide is providing delegated client-related tasks and shall be readily available at all times to provide advice or instruction to the aide. The occupational therapist or occupational therapy assistant is responsible for documenting the client’s record concerning the delegated client-related tasks performed by the aide.
(b)CA Business and Professions Code § 2570.2(b) “Aide” means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational
therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. An occupational therapist or occupational therapy assistant licensed pursuant to this chapter may utilize the services of one aide engaged in client-related tasks to assist the occupational therapist or occupational therapy assistant in the practice of occupational therapy. The occupational therapist shall be responsible for the overall use and actions of the aide.
(c)CA Business and Professions Code § 2570.2(c) “Association” means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state.
(d)CA Business and Professions Code § 2570.2(d) “Board” means the California Board of Occupational Therapy.
(e)CA Business and Professions Code § 2570.2(e) “Continuing competence” means a
dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession.
(f)CA Business and Professions Code § 2570.2(f) “Examination” means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body.
(g)CA Business and Professions Code § 2570.2(g) “Good standing” means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person’s
license.
(h)CA Business and Professions Code § 2570.2(h) “Occupational therapist” means an individual who meets the minimum education requirements specified in Section 2570.6 and is licensed pursuant to the provisions of this chapter and whose license is in good standing as determined by the board to practice occupational therapy under this chapter. The occupational therapist is responsible for and directs the evaluation process and develops the intervention plan.
(i)CA Business and Professions Code § 2570.2(i) “Occupational therapy assistant” means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist.
(j)CA Business and Professions Code § 2570.2(j) “Occupational therapy services” means
the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist.
(k)CA Business and Professions Code § 2570.2(k) “Person” means an individual, partnership, unincorporated organization, or corporation.
(l)CA Business and Professions Code § 2570.2(l) “Occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness for clients with disability- and nondisability-related needs or to those who have, or are at risk of developing, health conditions that limit activity or cause participation restrictions. Occupational
therapy services encompass occupational therapy assessment, treatment, education, and consultation. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perception and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. Occupational therapy assessment identifies performance abilities and limitations that are necessary for self-maintenance, learning, work, and other similar meaningful activities. Occupational therapy treatment is focused on developing, improving, or restoring functional daily living skills, compensating for and preventing dysfunction, or minimizing disability. Through engagement in everyday activities, occupational therapy promotes mental health by supporting occupational performance in people with, or at risk of experiencing, a range of physical and mental health disorders. Occupational therapy techniques that are used for treatment involve
teaching activities of daily living (excluding speech-language skills); designing or fabricating orthotic devices, and applying or training in the use of assistive technology or orthotic and prosthetic devices (excluding gait training). Occupational therapy consultation provides expert advice to enhance function and quality of life. Consultation or treatment may involve modification of tasks or environments to allow an individual to achieve maximum independence. Services are provided individually, in groups, or populations.
(m)CA Business and Professions Code § 2570.2(m) “Hand therapy” is the art and science of rehabilitation of the hand, wrist, and forearm requiring comprehensive knowledge of the upper extremity and specialized skills in assessment and treatment to prevent dysfunction, restore function, or reverse the advancement of pathology. This definition is not intended to prevent an occupational therapist practicing hand therapy from providing other occupational therapy services
authorized under this act in conjunction with hand therapy.
(n)CA Business and Professions Code § 2570.2(n) “Physical agent modalities” means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. These techniques are used as adjunctive methods in conjunction with, or in immediate preparation for, occupational therapy services.
occupational therapy appropriate supervision aide continuing competence good standing intervention plan habilitation and rehabilitation performance skills hand therapy physical agent modalities assistive technology client-related tasks intervention plan therapy techniques task modification
(Amended by Stats. 2018, Ch. 490, Sec. 1. (AB 2221) Effective January 1, 2019.)
This section explains that a board is responsible for managing everything related to occupational therapy licenses in this state. This includes verifying if someone qualifies for a license and possibly approving the licensing exam. They also create the necessary rules to help licensed occupational therapists and their assistants operate legally and properly. Any legal proceedings about this must follow specific government procedures.
(a)CA Business and Professions Code § 2570.20(a) The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications for licensure, and may approve the examinations for licensure under this chapter.
(b)CA Business and Professions Code § 2570.20(b) The board shall adopt rules in accordance with the Administrative Procedure Act necessary to effectuate the purpose of this chapter for persons holding a license to practice occupational therapy or to assist in the practice of occupational therapy in this state.
(c)CA Business and Professions Code § 2570.20(c) Proceedings under this chapter shall be conducted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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(Amended by Stats. 2018, Ch. 490, Sec. 9. (AB 2221) Effective January 1, 2019.)
This law section allows the board to hire an executive officer and other necessary staff as long as they comply with specific rules in other sections (107 and 154).
Subject to Sections 107 and 154, the board may employ an executive officer and other officers and employees
executive officer board hire employee hiring staff employment compliance Sections 107 and 154 board authority employment regulation officer duties staff management
(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
When the board collects any fees, they must send this money to the State Treasury. It's then put into a special account called the Occupational Therapy Fund. The money in this fund can be used by the board to cover its costs, but only if the Legislature gives the okay to use it.
All fees collected by the board shall be paid into the State Treasury and shall be credited to the Occupational Therapy Fund which is hereby created. The money in the fund shall be available, upon appropriation by the Legislature, for expenditure by the board to defray its expenses and to otherwise administer this chapter.
Occupational Therapy Fund State Treasury board fees Legislature appropriation fund expenditure defray expenses administer chapter money allocation state funds financial management fee collection budget approval state appropriation funding process
(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
If someone breaks the rules outlined in Section 2570.3, they are committing a minor crime called a misdemeanor. If convicted, they could be fined up to $5,000, face up to a year in county jail, or both.
Any person who violates Section 2570.3 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than one year in a county jail, or by both that fine and imprisonment.
misdemeanor fine conviction county jail imprisonment five thousand dollars punished violation Section 2570.3 criminal offense
(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
This section means that if a specific part of this chapter is found to be invalid or unenforceable for some reason, it won't affect the remaining parts of the chapter. The law is designed so that each provision stands on its own and can still be enforced even if other parts are invalidated.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.
severability invalid provision application to person enforceable provisions independent effectiveness remaining parts legislative intent chapter integrity legal enforceability severable provisions
(Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
This law specifies that the main job of the California Board of Occupational Therapy is to protect the public. If there's ever a conflict between public protection and other goals the Board might have, public safety takes precedence every time.
Protection of the public shall be the highest priority for the California Board of Occupational Therapy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
public protection occupational therapy California Board licensing functions regulatory functions disciplinary functions public safety priority board responsibilities inconsistency paramount interests promotion
(Added by Stats. 2002, Ch. 107, Sec. 8. Effective January 1, 2003.)
This law says that the board overseeing professional licenses can deny, suspend, revoke, or put a license or permit on probation after holding a hearing. A 'license' in this context means any kind of authorization given for practice within this chapter. The process for these actions follows a specific set of government rules that detail how hearings and decisions should be conducted.
(a)CA Business and Professions Code § 2570.26(a) The board may, after a hearing, deny, suspend, revoke, or place on probation a license, inactive license, or limited permit.
(b)CA Business and Professions Code § 2570.26(b) As used in this chapter, “license” includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter.
(c)CA Business and Professions Code § 2570.26(c) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
board authority license denial license suspension license revocation probation of license limited permit authorization to practice hearing process professional licensure disciplinary actions government code procedures
(Amended by Stats. 2009, Ch. 307, Sec. 25. (SB 821) Effective January 1, 2010.)
This section explains how the board can discipline occupational therapy license holders in various ways. They can place a license on probation with specific conditions, suspend the license for up to a year, completely revoke the license, or modify disciplinary actions with certain conditions. Additionally, the board has the authority to issue a new license on probation if the applicant meets all other requirements despite some violations.
(a)CA Business and Professions Code § 2570.27(a) The board may discipline a licensee by any or a combination of the following methods:
(1)CA Business and Professions Code § 2570.27(a)(1) Placing the license on probation with terms and conditions.
(2)CA Business and Professions Code § 2570.27(a)(2) Suspending the license and the right to practice occupational therapy for a period not to exceed one year.
(3)CA Business and Professions Code § 2570.27(a)(3) Revoking the license.
(4)CA Business and Professions Code § 2570.27(a)(4) Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(5)CA Business and Professions Code § 2570.27(a)(5) Taking other action as the board, in its discretion, deems proper.
(b)CA Business and Professions Code § 2570.27(b) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any provision of this chapter or the regulations adopted pursuant to it, but who has met all other requirements for licensure.
occupational therapy discipline license probation license suspension license revocation probationary license disciplinary order board discretion initial license terms and conditions applicant violations
(Added by Stats. 2002, Ch. 1079, Sec. 6. Effective September 29, 2002.)
This law explains the reasons why the licensing board may deny or discipline someone with an occupational therapy license. It lists several grounds including unprofessional conduct, like negligence or incompetence, and lying on a license application. Other reasons include committing crimes related to occupational therapy work, impersonating licensed practitioners, and allowing unlicensed people to practice. The law also covers misuse of client information, using excessive force on clients, and failing to follow infection control guidelines. Essentially, it's about maintaining professional standards and protecting the public from harmful practices.
The board may deny or discipline a licensee for any of the following:
(a)CA Business and Professions Code § 2570.28(a) Unprofessional conduct, including, but not limited to, the following:
(1)CA Business and Professions Code § 2570.28(a)(1) Incompetence or gross negligence in carrying out usual occupational therapy functions.
(2)CA Business and Professions Code § 2570.28(a)(2) Repeated similar negligent acts in carrying out usual occupational therapy functions.
(3)CA Business and Professions Code § 2570.28(a)(3) A conviction for practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(4)CA Business and Professions Code § 2570.28(a)(4) The use of advertising relating to occupational therapy that violates Section 17500.
(5)CA Business and Professions Code § 2570.28(a)(5) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof.
(b)CA Business and Professions Code § 2570.28(b) Procuring a license by fraud, misrepresentation, or mistake.
(c)CA Business and Professions Code § 2570.28(c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this chapter.
(d)CA Business and Professions Code § 2570.28(d) Making or
giving any false statement or information in connection with the application for issuance or renewal of a license.
(e)CA Business and Professions Code § 2570.28(e) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof.
(f)CA Business and Professions Code § 2570.28(f) Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(g)CA Business and Professions Code § 2570.28(g) Impersonating a licensed practitioner, or permitting or allowing another unlicensed person to use a license.
(h)CA Business and Professions Code § 2570.28(h) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee.
(i)CA Business and Professions Code § 2570.28(i) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
(j)CA Business and Professions Code § 2570.28(j) Using excessive force upon or mistreating or abusing any client. For the purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.
(k)CA Business and Professions Code § 2570.28(k) Falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in a client or hospital record or any other record.
(l)CA Business and Professions Code § 2570.28(l) Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime
received, whether or not that action resulted in actual client harm.
(m)CA Business and Professions Code § 2570.28(m) Failing to maintain confidentiality of client medical information, except as disclosure is otherwise permitted or required by law.
(n)CA Business and Professions Code § 2570.28(n) Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee.
(o)CA Business and Professions Code § 2570.28(o) Committing any act that would be grounds for denial of a license under Section 480.
(p)CA Business and Professions Code § 2570.28(p) Except for good cause, the knowing failure to protect clients by failing to follow infection control guidelines of the board, thereby risking transmission of infectious diseases from licensee to client, from client to client, or from client to licensee.
(1)CA Business and Professions Code § 2570.28(p)(1) In
administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary to encourage appropriate consistency in the implementation of this subdivision, the board shall consult with the Medical Board of California, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians.
(2)CA Business and Professions Code § 2570.28(p)(2) The board shall seek to ensure that licensees are informed of their responsibility to minimize the risk of
transmission of infectious diseases from health care provider to client, from client to client, and from client to health care provider, and are informed of the most recent scientifically recognized safeguards for minimizing the risks of transmission.
unprofessional conduct occupational therapy negligence fraudulent license client mistreatment confidentiality breach infection control falsifying records sexual crime license impersonation disciplinary action advertising violations fraud conspiracy infectious diseases
(Amended by Stats. 2018, Ch. 490, Sec. 10. (AB 2221) Effective January 1, 2019.)
This law explains what qualifies as unprofessional conduct for licensed individuals in certain professions in California. It's considered unprofessional to improperly obtain or distribute controlled substances, or to use them in a way that is harmful to oneself, others, or public safety. Being convicted of crimes related to these substances, or falsifying records about them, are also considered unprofessional. Additionally, a court commitment for substance abuse serves as evidence of unprofessional conduct.
In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following:
(a)CA Business and Professions Code § 2570.29(a) Obtain or possess in violation of law, or prescribe, or, except as directed by a licensed physician and surgeon, dentist, optometrist, or podiatrist, to administer to himself or herself, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.
(b)CA Business and Professions Code § 2570.29(b) Use to an extent or in a manner dangerous or injurious to himself or herself,
to any other person, or to the public, or that impairs his or her ability to conduct with safety to the public the practice authorized by his or her license, of any of the following:
(1)CA Business and Professions Code § 2570.29(b)(1) A controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code.
(2)CA Business and Professions Code § 2570.29(b)(2) A dangerous drug or dangerous device as defined in Section 4022.
(3)CA Business and Professions Code § 2570.29(b)(3) Alcoholic beverages.
(c)CA Business and Professions Code § 2570.29(c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive
evidence thereof.
(d)CA Business and Professions Code § 2570.29(d) Be committed or confined by a court of competent jurisdiction for intemperate use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement.
(e)CA Business and Professions Code § 2570.29(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital or client record, or any other record, pertaining to the substances described in subdivision (a) of this section.
unprofessional conduct controlled substances dangerous drug dangerous device licensed professionals substance abuse record falsification criminal conviction court commitment public safety self-administration prima facie evidence intemperate use conclusive evidence physical harm
(Amended by Stats. 2018, Ch. 490, Sec. 11. (AB 2221) Effective January 1, 2019.)
This law says you can't work as an occupational therapist or assistant in California unless you're licensed. Only individuals can get these licenses. Occupational therapists aren't allowed to practice other professions like physical therapy or nursing. They can do advanced practices like hand therapy, but only if properly trained and approved by the board. For hand therapy, they need to know things like anatomy and surgical procedures. Using special equipment requires training in areas like safety and chemistry. Therapists can learn under supervision but need to meet specific requirements. If an occupational therapist oversees an assistant, they must closely manage their work and keep written records. An occupational therapist can't supervise too many assistants at once, with a general limit of three, unless it's deemed safe by the board.
(a)CA Business and Professions Code § 2570.3(a) A person shall not practice occupational therapy or hold themselves out as an occupational therapist or as being able to practice occupational therapy, or to render occupational therapy services in this state unless the person is licensed as an occupational therapist under the provisions of this chapter. A person shall not hold themselves out as an occupational therapy assistant or work as an occupational therapy assistant under the supervision of an occupational therapist unless the person is licensed as an occupational therapy assistant under this chapter.
(b)CA Business and Professions Code § 2570.3(b) Only an individual may be licensed under this chapter.
(c)CA Business and Professions Code § 2570.3(c) This chapter does not authorize an occupational therapist to practice physical
therapy, as defined in Section 2620; speech-language pathology or audiology, as defined in Section 2530.2; nursing, as defined in Section 2725; psychology, as defined in Section 2903; marriage and family therapy, as defined in Section 4980.02; clinical social work, as defined in Section 4996.9; professional clinical counseling, as defined in Section 4999.20; educational psychology, as defined in Section 4989.14; or spinal manipulation or other forms of healing, except as authorized by this section.
(d)CA Business and Professions Code § 2570.3(d) An occupational therapist may provide advanced practices if the occupational therapist has the knowledge, skill, and ability to do so and has demonstrated to the satisfaction of the board that the occupational therapist has met educational training and competency requirements. These advanced practices include the following:
(1)CA Business and Professions Code § 2570.3(d)(1) Hand therapy.
(2)CA Business and Professions Code § 2570.3(d)(2) The use of physical agent modalities.
(3)CA Business and Professions Code § 2570.3(d)(3) Swallowing assessment, evaluation, or intervention.
(e)CA Business and Professions Code § 2570.3(e) An occupational therapist providing hand therapy services shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas:
(1)CA Business and Professions Code § 2570.3(e)(1) Anatomy of the upper extremity and how it is altered by pathology.
(2)CA Business and Professions Code § 2570.3(e)(2) Histology as it relates to tissue healing and the effects of immobilization and mobilization on connective tissue.
(3)CA Business and Professions Code § 2570.3(e)(3) Muscle, sensory, vascular, and connective tissue physiology.
(4)CA Business and Professions Code § 2570.3(e)(4) Kinesiology of the upper extremity, such as biomechanical principles of pulleys, intrinsic and extrinsic muscle function, internal forces of muscles, and the effects of external forces.
(5)CA Business and Professions Code § 2570.3(e)(5) The effects of temperature and electrical currents on nerve and connective tissue.
(6)CA Business and Professions Code § 2570.3(e)(6) Surgical procedures of the upper extremity and their postoperative course.
(f)CA Business and Professions Code § 2570.3(f) An occupational therapist using physical agent modalities shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas:
(1)CA Business and Professions Code § 2570.3(f)(1) Anatomy and physiology of muscle, sensory, vascular, and connective tissue in response to the application of physical agent modalities.
(2)CA Business and Professions Code § 2570.3(f)(2) Principles of chemistry and physics related to the selected modality.
(3)CA Business and Professions Code § 2570.3(f)(3) Physiological, neurophysiological, and electrophysiological changes that occur as a result of the application of a modality.
(4)CA Business and Professions Code § 2570.3(f)(4) Guidelines for the preparation of the client, including education about the process and possible outcomes of treatment.
(5)CA Business and Professions Code § 2570.3(f)(5) Safety rules and precautions related to the selected modality.
(6)CA Business and Professions Code § 2570.3(f)(6) Methods for documenting immediate and long-term effects of treatment.
(7)CA Business and Professions Code § 2570.3(f)(7) Characteristics of the equipment, including safe operation, adjustment, indications of malfunction, and care.
(g)CA Business and Professions Code § 2570.3(g) An occupational therapist in the process of achieving the education, training, and competency requirements established by the board for providing hand therapy or using physical agent modalities may practice these techniques under the supervision of an occupational therapist who has already met the requirements established by the board, a physical therapist, or a physician and surgeon.
(h)CA Business and Professions Code § 2570.3(h) The board shall develop and adopt regulations regarding the educational training and competency requirements for advanced practices in collaboration with the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the Board of Registered Nursing, and the Physical Therapy Board of California.
(i)CA Business and Professions Code § 2570.3(i) This chapter does not authorize an occupational therapist to seek reimbursement for services other than for the practice of occupational therapy as defined in this
chapter.
(j)CA Business and Professions Code § 2570.3(j) “Supervision of an occupational therapy assistant” means that the responsible occupational therapist shall at all times be responsible for all occupational therapy services provided to the client. The occupational therapist who is responsible for appropriate supervision shall formulate and document in each client’s record, with the occupational therapist’s signature, the goals and plan for that client, and shall make sure that the occupational therapy assistant assigned to that client functions under appropriate supervision. As part of the responsible occupational therapist’s appropriate supervision, the occupational therapist shall conduct at least weekly review and inspection of all aspects of occupational therapy services by the occupational therapy assistant.
(1)CA Business and Professions Code § 2570.3(j)(1) The supervising occupational therapist has the continuing responsibility to follow the progress of
each client, provide direct care to the client, and to ensure that the occupational therapy assistant does not function autonomously.
(2)CA Business and Professions Code § 2570.3(j)(2) An occupational therapist shall not supervise more occupational therapy assistants, at any one time, than can be appropriately supervised in the opinion of the board. Three occupational therapy assistants shall be the maximum number of occupational therapy assistants supervised by an occupational therapist at any one time, but the board may permit the supervision of a greater number by an occupational therapist if, in the opinion of the board, there would be adequate supervision and the public’s health and safety would be served. In no case shall the total number of occupational therapy assistants exceed three times the number of occupational therapists regularly employed by a facility at any one time.
occupational therapist licensing occupational therapy assistant advanced practices hand therapy physical agent modalities supervision rules training requirements educational training competency requirements board regulations swallowing assessment weekly review client records maximum supervision limit
(Amended by Stats. 2023, Ch. 131, Sec. 4. (AB 1754) Effective January 1, 2024.)
This law allows the board to continue with investigations or disciplinary actions against a professional’s license even if that license has expired, been suspended, or was voluntarily surrendered by the license holder. This means that the board can still make decisions to suspend or revoke a license regardless of its current status.
The board shall retain jurisdiction to proceed with any investigation, action or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the board or a court of law, or by the voluntary surrender of a license by the licensee.
investigation disciplinary action license suspension license revocation license expiration board authority voluntary surrender license holder professional regulation disciplinary proceeding investigation jurisdiction ongoing oversight expired license actions suspended license actions license control
(Added by Stats. 2002, Ch. 1079, Sec. 9. Effective September 29, 2002.)
When an occupational therapy license is suspended, the therapist can't work during that time. After the suspension ends, the license is automatically reinstated unless the therapist practiced during the suspension period. If they did, a hearing could lead to the license being revoked.
If a license is suspended, the holder may not practice occupational therapy during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated and the holder entitled to resume practice under any remaining terms of the discipline, unless it is established to the satisfaction of the board that the holder of the license practiced in this state during the term of suspension. In this event, the board may, after a hearing on this issue alone, revoke the license.
occupational therapy license suspension reinstatement practice restriction term of suspension revocation disciplinary action hearing occupational therapist practice violation board satisfaction California board license holder practice during suspension occupational therapy regulations
(Added by Stats. 2002, Ch. 1079, Sec. 10. Effective September 29, 2002.)
If a professional license is revoked, suspended, or placed on probation, the license holder can ask for it to be reinstated or the penalty to be changed. They must wait a minimum amount of time, usually at least one to three years, depending on the situation. The board can set a shorter period if they choose, but it can't be less than a year. To start this process, the person must file a petition with the board, possibly including fingerprints and a fee. A hearing will be held where the person must prove their case with strong evidence, and the board will decide based on this information. However, if the person is currently involved in criminal proceedings, on probation, or has new accusations against them, their petition won't be considered.
(a)CA Business and Professions Code § 2570.32(a) A holder of a license that has been revoked, suspended, or placed on probation, may petition the board for reinstatement or modification of a penalty, including reduction or termination of probation, after a period not less than the applicable following minimum period has elapsed from either the effective date of the decision ordering that disciplinary action, or, if the order of the board or any portion of it was stayed, from the date the disciplinary action was actually implemented in its entirety. The minimum periods that shall elapse prior to a petition are as follows:
(1)CA Business and Professions Code § 2570.32(a)(1) For a license that was revoked for any reason other than mental or physical illness, at least three years.
(2)CA Business and Professions Code § 2570.32(a)(2) For early termination of probation scheduled for three or more years, at least two years.
(3)CA Business and Professions Code § 2570.32(a)(3) For modification of a penalty, reinstatement of a license revoked for mental or physical illness, or termination of probation scheduled for less than three years, at least one year.
(4)CA Business and Professions Code § 2570.32(a)(4) The board may, in its discretion, specify in its disciplinary order a lesser period of time, provided that the period shall not be less than one year.
(b)CA Business and Professions Code § 2570.32(b) The petition submitted shall contain any information required by the board, which may include a current set of fingerprints accompanied by the fingerprinting fee.
(c)CA Business and Professions Code § 2570.32(c) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.
(d)CA Business and Professions Code § 2570.32(d) The board itself shall hear the petition and the administrative law judge shall prepare a written decision setting forth the reasons supporting the decision.
(e)CA Business and Professions Code § 2570.32(e) The board may grant or deny the petition, or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.
(f)CA Business and Professions Code § 2570.32(f) The board may refuse to consider a petition while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code.
(g)CA Business and Professions Code § 2570.32(g) No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
license reinstatement suspended license probation termination disciplinary action minimum waiting period petition process board hearing burden of proof penalty modification revocation criminal offense probation fingerprinting requirement Attorney General notification administrative law judge
(Added by Stats. 2002, Ch. 1079, Sec. 11. Effective September 29, 2002.)
If someone with a professional license knows another applicant or licensee might be breaking the rules set by the board, they need to write a report about it to the board and help out with any information or support needed.
If a licensee has knowledge that an applicant or licensee may be in violation of, or has violated, any of the statutes or regulations administered by the board, the licensee shall report this information to the board in writing and shall cooperate with the board in providing information or assistance as may be required.
licensee obligations reporting violations board cooperation statute violations professional misconduct regulatory compliance duty to report applicant misconduct written report requirement board-administered regulations professional conduct licensee reporting regulatory board assisting investigations informing board
(Added by Stats. 2009, Ch. 308, Sec. 32. (SB 819) Effective January 1, 2010.)
This section clarifies that certain individuals can practice or engage in activities related to occupational therapy without being restricted by this chapter. These include licensed professionals in their field, students studying occupational therapy, those fulfilling fieldwork requirements, out-of-state licensed practitioners applying for California licenses, and aides working under supervision. Specific conditions apply, like having a license from another state with comparable standards and working under the supervision of a licensed practitioner in California for a limited time.
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons:
(a)CA Business and Professions Code § 2570.4(a) Any person licensed or otherwise recognized in this state by any other law or regulation when that person is engaged in the profession or occupation for which he or she is licensed or otherwise recognized.
(b)CA Business and Professions Code § 2570.4(b) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee.
(c)CA Business and Professions Code § 2570.4(c) Any person
fulfilling the supervised fieldwork experience requirements of subdivision (c) of Section 2570.6, if the experience constitutes a part of the experience necessary to meet the requirement of that provision.
(d)CA Business and Professions Code § 2570.4(d) Any person performing occupational therapy services in the state if all of the following apply:
(1)CA Business and Professions Code § 2570.4(d)(1) An application for licensure as an occupational therapist or an occupational therapy assistant has been filed with the board pursuant to Section 2570.6 and an application for a license in this state has not been previously denied.
(2)CA Business and Professions Code § 2570.4(d)(2) The person possesses a current, active, and nonrestricted license to practice occupational therapy under the laws of another state that the board determines has licensure requirements at least as stringent as the requirements of this chapter.
(3)CA Business and Professions Code § 2570.4(d)(3) Occupational therapy services are performed in association with an occupational therapist licensed under this chapter, and for no more than 60 days from the date on which the application for licensure was filed with the board.
(e)CA Business and Professions Code § 2570.4(e) Any person employed as an aide subject to the supervision requirements of this section.
occupational therapy licensed professionals supervised course of study students fieldwork experience out-of-state license application for licensure supervision requirements occupational therapy aide California licensure application
(Amended by Stats. 2009, Ch. 307, Sec. 14. (SB 821) Effective January 1, 2010.)
This law allows a person who has finished their education and training to get a temporary permit to practice as an occupational therapist or assistant while they wait to take their licensing exam or find out their results. They must work under the supervision of a licensed occupational therapist. If they don't pass the exam on their first try, the permit automatically ends and can't be renewed. There are additional rules from the board that these permits must follow.
(a)CA Business and Professions Code § 2570.5(a) A limited permit may be granted to any person who has completed the education and experience requirements of this chapter.
(b)CA Business and Professions Code § 2570.5(b) A person who meets the qualifications to be admitted to the examination for licensure under this chapter and is waiting to take the examination or awaiting the announcement of the results of the examination, according to the application requirements for a limited permit, may practice as an occupational therapist or as an occupational therapy assistant under the direction and appropriate supervision of an occupational therapist duly licensed under this chapter. If that person fails to pass the examination during the initial eligibility period, all privileges under this section shall automatically
cease upon due notice to the applicant of that failure and may not be renewed.
(c)CA Business and Professions Code § 2570.5(c) A limited permit shall be subject to other requirements set forth in rules adopted by the board.
limited permit education requirements experience requirements occupational therapist occupational therapy assistant examination for licensure applicant waiting supervision failure to pass automatic cessation renewal prohibition occupation therapy board rules temporary practice privileges permit eligibility supervised practice
(Amended by Stats. 2009, Ch. 308, Sec. 28.5. (SB 819) Effective January 1, 2010.)
If you want to become a licensed occupational therapist or therapy assistant in California, you need to apply with the state's board. The application must prove you meet specific requirements: you must be in good standing without a criminal record that could deny you a license. You must graduate from an approved educational program with coursework accredited by related occupational therapy organizations. If you can't provide certain academic evidence, passing a certification exam can help meet the requirements. Additionally, you must complete a supervised fieldwork experience that meets set standards, pass an examination, be over 18, not be addicted to substances, and not have a disqualifying criminal history.
An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file with the board a written application provided by the board, showing to the satisfaction of the board that he or she meets all of the following requirements:
(a)CA Business and Professions Code § 2570.6(a) That the applicant is in good standing and has not committed acts or crimes constituting grounds for denial of a license under Section 480.
(b)Copy CA Business and Professions Code § 2570.6(b)
(1)Copy CA Business and Professions Code § 2570.6(b)(1) That the applicant has successfully completed the academic requirements of an educational program for occupational therapists or occupational therapy assistants that is approved by the board and accredited by the American Occupational Therapy Association’s Accreditation Council for
Occupational Therapy Education (ACOTE), or accredited or approved by the American Occupational Therapy Association’s (AOTA) predecessor organization, or approved by AOTA’s Career Mobility Program.
(2)CA Business and Professions Code § 2570.6(b)(2) The curriculum of an educational program for occupational therapists shall contain the content required by the ACOTE accreditation standards, or as approved by AOTA’s predecessor organization, or as approved by AOTA’s Career Mobility Program.
(c)Copy CA Business and Professions Code § 2570.6(c)
(1)Copy CA Business and Professions Code § 2570.6(c)(1) For an applicant who is a graduate of an occupational therapy or occupational therapy assistant educational program who is unable to provide evidence of having met the requirements of paragraph (2) of subdivision (b), he or she may demonstrate passage of the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American
Occupational Therapy Association, as evidence of having successfully satisfied the requirements of paragraph (2) of subdivision (b).
(2)CA Business and Professions Code § 2570.6(c)(2) For an applicant who completed AOTA’s Career Mobility Program, he or she shall demonstrate participation in the program and passage of the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American Occupational Therapy Association, as evidence of having successfully satisfied the requirements of paragraphs (1) and (2) of subdivision (b).
(d)CA Business and Professions Code § 2570.6(d) That the applicant has successfully completed a period of supervised fieldwork experience approved by the board and arranged by a recognized educational institution where he or she met the academic requirements of subdivision (b) or (c) or arranged by a nationally recognized professional association. The
fieldwork requirements for applicants applying for licensure as an occupational therapist or certification as an occupational therapy assistant shall be consistent with the requirements of the ACOTE accreditation standards, or AOTA’s predecessor organization, or AOTA’s Career Mobility Program, that were in effect when the applicant completed his or her educational program.
(e)CA Business and Professions Code § 2570.6(e) That the applicant has passed an examination as provided in Section 2570.7.
(f)CA Business and Professions Code § 2570.6(f) That the applicant, at the time of application, is a person over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of licensure under Section 480.
occupational therapist license occupational therapy assistant application requirements good standing Section 480 educational program ACOTE accreditation AOTA Career Mobility Program fieldwork experience certification exam National Board for Certification in Occupational Therapy age requirement substance addiction criminal history
(Amended by Stats. 2018, Ch. 490, Sec. 3. (AB 2221) Effective January 1, 2019.)
This law explains the examination requirements for applicants seeking a license in occupational therapy in California. First, applicants must meet specific prerequisites (from another related section) before applying for the licensure exam. If they fail, they can retake it. Applicants are required to pass a recognized entry-level exam, commonly conducted by notable occupational therapy boards. The exam focuses on essential knowledge about occupational therapy sciences and techniques. The board will determine when and where the exam takes place, as well as the supervision conditions.
(a)CA Business and Professions Code § 2570.7(a) An applicant who has satisfied the requirements of Section 2570.6 may apply for examination for licensure in a manner prescribed by the board. Subject to the provisions of this chapter, an applicant who fails an examination may apply for reexamination.
(b)CA Business and Professions Code § 2570.7(b) Each applicant for licensure shall successfully complete the entry level examination for occupational therapists or occupational therapy assistants, such as the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American Occupational Therapy Association. The examination shall be appropriately validated. Each applicant shall be examined by written examination to test his or her knowledge of the basic and
clinical sciences relating to occupational therapy, occupational therapy techniques and methods, and any other subjects that the board may require to determine the applicant’s fitness to practice under this chapter.
(c)CA Business and Professions Code § 2570.7(c) Applicants for licensure shall be examined at a time and place and under that supervision as the board may require.
occupational therapy licensure entry level examination National Board for Certification in Occupational Therapy examination requirements occupational therapy techniques fitness to practice reexamination examination validation clinical sciences knowledge California occupational therapy board exam supervision American Occupational Therapy Association American Occupational Therapy Certification Board licensure application process written examination
(Amended by Stats. 2018, Ch. 490, Sec. 4. (AB 2221) Effective January 1, 2019.)
This law allows you to verify someone's professional license using the information available on the licensing board's website. The site provides details like when the license was issued and when it expires.
For the purposes of verifying a license issued under this chapter, a person may rely on the licensure information posted on the board’s Internet Web site, which includes the issuance and expiration dates of a license issued by the board.
license verification licensure information board's website issuance date expiration date professional license online verification verification process board's Internet Web site license status
(Added by Stats. 2007, Ch. 588, Sec. 35. Effective January 1, 2008.)
This law states that if you apply for a license and meet all the requirements set by the chapter, including paying the necessary fees, the board must issue you the license as long as you also comply with any other relevant state laws.
The board shall issue a license to any applicant who meets the requirements of this chapter, including the payment of the prescribed licensure or renewal fee, and who meets any other requirement in accordance with applicable state law.
license issuance applicant requirements licensure fee renewal fee state law compliance board responsibility applicant eligibility prescribed fee license application chapter requirements fee payment licensure conditions
(Amended by Stats. 2009, Ch. 307, Sec. 18. (SB 821) Effective January 1, 2010.)
Occupational therapists in California who are licensed and approved to use certain therapy methods can apply topical medications if prescribed by a doctor or certain advanced practice nurses, but they cannot prescribe these medications themselves. The board will create rules about which medications can be used and how, after consulting with other medical and pharmacy boards.
(a)CA Business and Professions Code § 2571(a) An occupational therapist licensed pursuant to this chapter and approved by the board in the use of physical agent modalities may apply topical medications prescribed by the client’s physician and surgeon, certified nurse-midwife pursuant to Section 2746.51, nurse practitioner pursuant to Section 2836.1, or nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or physician assistant pursuant to Section 3502.1, if the licensee complies with regulations adopted by the board pursuant to this section.
(b)CA Business and Professions Code § 2571(b) The board shall adopt regulations implementing this section, after meeting and conferring with the Medical Board of California, the California State Board of Pharmacy, and the Physical Therapy Board of California, specifying those topical
medications applicable to the practice of occupational therapy and protocols for their use.
(c)CA Business and Professions Code § 2571(c) This section does not authorize an occupational therapist to prescribe medications.
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(Amended by Stats. 2022, Ch. 413, Sec. 3. (AB 2684) Effective January 1, 2023.)
This law explains that an occupational therapy corporation in California can legally provide professional services as long as they follow certain laws and regulations. These include the Moscone-Knox Professional Corporation Act and guidelines set by the California Board of Occupational Therapy. Everyone involved, such as the corporation’s shareholders and employees, must comply with these rules to legally practice occupational therapy.
An occupational therapy corporation is a corporation that is authorized to render professional services, as defined in Sections 13401 and 13401.5 of the Corporations Code, if that corporation, its shareholders, officers, directors, and employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this chapter, and other statutes, rules, and regulations applicable to an occupational therapy corporation and the conduct of its affairs. Subject to all applicable statutes, rules, and regulations, an occupational therapy corporation is entitled to practice occupational therapy. With respect to an occupational therapy
corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California Board of Occupational Therapy.
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(Added by Stats. 2022, Ch. 290, Sec. 5. (AB 2671) Effective January 1, 2023.)
This law requires occupational therapists to write down their evaluations, treatment goals, treatment plans, and a summary of their treatments in the client's record. Occupational therapy assistants must also document the services they provide. Both therapists and assistants need to sign these documents clearly. The client records must be kept for at least seven years after the client is discharged. If the client was a minor not yet legally on their own, the records should be kept until they are 19 years old, but always for at least seven years.
(a)CA Business and Professions Code § 2570.18.5(a) An occupational therapist shall document the occupational therapist’s evaluation, goals, treatment plan, and summary of treatment in the client record.
(b)CA Business and Professions Code § 2570.18.5(b) An occupational therapy assistant shall document the services provided in the client record.
(c)CA Business and Professions Code § 2570.18.5(c) Occupational therapists and occupational therapy assistants shall document and sign the client record legibly.
(d)CA Business and Professions Code § 2570.18.5(d) Client records shall be maintained for a period of no less than seven years following the discharge of the client, except that the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any case less than seven years.
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(Added by renumbering Section 2570.185 by Stats. 2022, Ch. 290, Sec. 2. (AB 2671) Effective January 1, 2023.)
This law means that because Section 2570.19 was repealed, the board it established will now be overseen and reviewed by certain policy committees within the state legislature. Essentially, the legislature will keep an eye on and evaluate the board's activities.
Notwithstanding any other law, the repeal of Section 2570.19 renders the board subject to review by the appropriate policy committees of the Legislature.
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(Added by Stats. 2022, Ch. 290, Sec. 4. (AB 2671) Effective January 1, 2023.)