Healing ArtsOccupational Therapy
Section § 2570
This law establishes the official name for a set of regulations regarding occupational therapy as the "Occupational Therapy Practice Act."
Section § 2570.1
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.
Section § 2570.10
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.
Section § 2570.11
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.
Section § 2570.13
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.
Section § 2570.14
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.
Section § 2570.15
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.
Section § 2570.16
Section § 2570.17
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.
Section § 2570.18
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.
Section § 2570.18
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.
Section § 2570.19
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.
Section § 2570.19
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.
Section § 2570.2
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.
Section § 2570.20
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.
Section § 2570.21
Section § 2570.22
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.
Section § 2570.23
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.
Section § 2570.24
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.
Section § 2570.25
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.
Section § 2570.26
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.
Section § 2570.27
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.
Section § 2570.28
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.
Section § 2570.29
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.
Section § 2570.3
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.
Section § 2570.30
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.
Section § 2570.31
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.
Section § 2570.32
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.
Section § 2570.36
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.
Section § 2570.4
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.
Section § 2570.5
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.
Section § 2570.6
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.
Section § 2570.7
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.
Section § 2570.8
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.
Section § 2570.9
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.
Section § 2571
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.
Section § 2572
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.