STATE OF WYOMING BOARD OF OCCUPATIONAL THERAPY WYOMING OCCUPATIONAL THERAPY PRACTICE ACT W.S THROUGH

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1 STATE OF WYOMING BOARD OF OCCUPATIONAL THERAPY WYOMING OCCUPATIONAL THERAPY PRACTICE ACT W.S THROUGH Draft Statutes April 1, 2013

2 TABLE OF CONTENTS Short title Definitions License required Persons and practices not affected Limited permit Requirements for licensure; continuing education Examination for license of registered occupational therapists and certified occupational therapy assistants Temporary license Issuance of license : Renewal of license Foreign trained applicants Fees Suspension and revocation of license; refusal to renew Board of occupational therapy practice; established; compensation Board of occupational therapy practice; powers and duties Board of occupational therapy practices employees; funds Penalties

3 Short title. This act is the "Occupational Therapy Practice Act" Definitions. (a) As used in this act: (i) "Board" means the board of occupational department of commerce established by W.S ; therapy within the (ii) "Occupational therapy" is the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for the purpose of promoting health and wellness and to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life. This may be accomplished through face to face (in-person) interaction, or appropriate use of Occupational Therapy Telehealth services. The practice of occupational therapy includes: (A) Methods or strategies selected to direct the process of interventions such as: (1.) Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired. environment performance performance (2.) Compensation, modification, or adaption of activity or to enhance performance. (3.) Maintenance and enhancement of capabilities without which in everyday life activities would decline. (4.) Health promotion and wellness to enable or enhance in everyday life activities. (B) Evaluation of factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including: (1.) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems). (2.) Habits, routines, roles, and behavior patterns. 2

4 (3.) Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance. communicationlinteraction (4.) Performance skills, including motor, process, and skills. (C) Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including: (1.) Therapeutic use of occupations, exercises, and activities. (2.) Training in self-care, self-management, home management, and community/work reintegration. cognitive, neuromuscular, (3.) Development, remediation, or compensation of physical, sensory functions and behavioral skills. (4.) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process. (5.) Education and training of individuals, including family members, caregivers, and others. services. or communities. (6.) Care coordination, case management, and transition (7.) Consultative services to groups, programs, organizations, (8.) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles. (9.) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, and orthotic devices, and training in the use of prosthetic devices. (10.) Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management. (11.) Driver rehabilitation and community mobility. (12.) Management offeeding, eating, and swallowing to enable eating and feeding performance. 3

5 (13.) Application of physical agent modalities, and use of a range of specific therapeutic procedures (such as wound care management; techniques to enhance sensory, perceptual, and cognitive processing; manual therapy techniques) to enhance performance skills. (iii) "Occupational therapy assistant" (OTA) means a person licensed to assist in the practice of occupational therapy, under this act, and who works under the supervision of an occupational therapist, registered or occupational therapist and has not maintained national certification. (iv) "Occupational therapy telehealth" means the provision of occupational therapy services across a distance, using telecommunications technology for evaluation, intervention, and/or consultation without requiring the therapist and recipient to be physically located in the same place. (v) "This act" means W.S through License required. (a) No person shall practice occupational therapy or hold himself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy in Wyoming unless he is licensed under this act. (b) Nothing in this act shall be construed as preventing or restricting the services or activities of persons under the direction of a licensed occupational therapist. (c) Only an individual may be licensed under this act Persons and practices not affected. (a) Nothing in this act shall be construed as preventing or restricting the practice, services or activities of: occupational (i) Any person solely employed as an occupational therapist or therapy assistant by any agency of the United States government; (ii) Any person pursuing a degree or certificate in occupational therapy at an accredited or board approved program when the person is designated by title clearly indicating his status as a student or trainee; (iii) Any person engaged in the supervised fieldwork to complete the necessary requirements of W.S ; Limited permit. 4

6 (a) The board may establish provisions for a limited permit to allow a person to work under supervision while waiting to take the national certification exam and receive scores Requirements for licensure; continuing education. (a) An applicant applying for a license as an occupational therapist or occupational therapy assistant shall file a specified written application showing to the satisfaction of the board that the applicant: (i) Has a good reputation for honesty, trustworthiness and competence in all matters relevant to practicing the profession of occupational therapy; (ii) Has obtained national certification by successful completion of the national certification exam from the certification agency recognized by the Board. (b) The board may establish continuing education requirements for an active license provided that: (i) The requirement continuing education per year; shall not be more than sixteen (16) contact hours of (ii) Continuing education taken any time in the three (3) years preceding the annual license renewal may be counted toward fulfilling the requirement but it shall not be counted more than once; Examination for license of registered occupational therapists and certified occupational therapy assistants. (a) Each applicant is required to pass an examination on the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods to determine the applicant's fitness to practice. The board shall designate the examination for occupational therapists and occupational therapy assistants and shall establish standards for acceptable performance Temporary license. (a) The board may establish provisions for a temporary may work during processing of the license application. license so an applicant Issuance of license. The board shall issue a license to any individual who meets the requirements of this act, upon payment of the prescribed license fee. 5

7 Renewal of license; Re-Entry. (a) Any license issued under this act shall be subject to renewal as provided by the board, however no late renewal of a license may be granted more than one (1) year after its expiration. (b) The board shall establish re-entry provisions for licensure for persons that have previously practiced in the field for at least one year, but have not engaged in the practice of occupational therapy for three (3) or more years prior to applying for a license Foreign trained applicants. Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall satisfy the examination requirements of W.S (a)( ii). The board shall require these applicants to meet the standards established in W.S (a) Fees. The board shall prescribe fees for implementing this act. These fees shall be set in an amount to cover the costs of administering this act Suspension and revocation of license; refusal to renew. (a) After the hearing authorized by subsection (b) of this section, the board may deny a license or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions if the licensee or the applicant for a license has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. For purposes of this section, unprofessional conduct includes: concealment (i) Obtaining a license by means of fraud, misrepresentation of material facts; or established board; (ii) Being guilty of unprofessional conduct as defined by the rules by the board, or violating the code of ethics adopted and published by the (iii) Being convicted of a felony; (iv) Being convicted of a misdemeanor unprofessional in any court; which the board defines as being (v) Violating any lawful order, rule or regulation rendered or adopted by the board; and 6

8 (vi) Violating any provision of this act. (b) A denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the board after a hearing in the manner provided by the rules and regulations adopted by the board. An application for reinstatement may be made to the board one (1) year after the date of the revocation of a license. The board may accept or reject an application for reinstatement and may hold a hearing to consider the reinstatement. Any person aggrieved by any final action of the board may appeal to the district court under the provisions of the Wyoming Administrative Procedure Act, W.S through Board of occupational therapy practice; established; compensation. (a) There is established a board of occupational therapy within the department of Administration and Information. The board shall consist of five (5) members appointed by the governor, who are residents of Wyoming. Three (3) board members shall be occupational therapists who have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least five (5) years immediately preceding their appointments. One (1) board member shall be an occupational therapy assistant who shall have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least five (5) years immediately preceding his appointment. An occupational therapist may be appointed to this position if no occupational therapy assistant is available and willing to serve. These four (4) members shall at all times be holders of valid licenses under this act. The remaining member shall be a member of the public with an interest in the rights of the consumers of health services. (b) Appointments shall be for three (3) year terms. No person shall serve more than two (2) consecutive terms. Terms shall begin on the first day of the fiscal year and end on the last day of the fiscal year or until successors are appointed, through the last fiscal day of the year in which they are appointed. Vacancies in the membership of the board shall be filled for the unexpired term by the governor. The governor may remove any board member as provided by W.S (c) The board shall meet annually to select a chairman and at least one (1) additional meeting shall be held before the end of each fiscal year. Other meetings may be convened at the call of the chairman or the written request of any two (2) board members. A majority of the members of the board shall constitute a quorum for all purposes. All meetings of the board shall be governed in accordance with W.S In addition the board may hold closed sessions: (i) To consider allegations or investigations of possible unprofessional conduct as defined by W.S

9 (d) Members of the board shall receive per diem and mileage as provided in W.S Board of occupational therapy practice; powers and duties. (a) The board shall administer the provisions of this act and may investigate allegations of practices violating the provisions of this act. (b) The board shall establish rules and regulations according to the Wyoming Administrative Procedure Act to carry out the purpose of this act, including establishing rules for professional conduct, for professional licensure and to establish ethical standards of practice for persons licensed to practice occupational therapy in Wyoming. (c) The board may delegate its authority to issue temporary licenses pursuant to W.S (c) and limited permits pursuant to W.S to the executive secretary of the board. The board may limit the delegation or set forth any criteria for exercising the delegation as it deems appropriate. (d) The board may, with the approval and assistance of the attorney general, petition the district court in the name of the state of Wyoming to enjoin: (i) Any person from continuing to violate W.S ; (ii) Any person or other entity from advertising or claiming to provide occupational therapy services in this state when the services are not or will not be provided by a person licensed under this act Board of occupational therapy practices employees; funds. The board shall appoint or contract an executive secretary and other individuals deemed necessary to administer the affairs of the board and shall furnish necessary support and clerical services. Costs related to these services shall be paid from the funds of the Wyoming board of occupational therapy Penalties. Any person who violates any provision of W.S is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. 8

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