Title 32 — Professions and Occupations

A. The board, on its own motion or on a complaint, may investigate any evidence that appears to show that a licensee is or may be incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of behaviora…

A. In connection with information received pursuant to section 32-3281, subsection A, the board or the board's authorized agents or employees at all reasonable times have access to, for the purpose of examination, and the right to copy any psychotherapy notes, documents, reports,…

A. The confidential relationship between a client and a licensee, including a temporary licensee, is the same as between an attorney and a client. Unless a client waives this privilege in writing or in court testimony, a licensee shall not voluntarily or involuntarily divulge inf…

A. The board may issue a cease and desist order or request that an injunction be issued by the superior court to stop a person from engaging in the unauthorized practice of behavioral health or from violating or threatening to violate a statute, rule or order that the board has i…

[Repealed or reserved.]

A. Except as prescribed in section 32-3271, a person who is not licensed pursuant to this chapter shall not engage in the practice of behavioral health. B. A person who is not licensed pursuant to this chapter shall not use any of the following designations or any other designati…

A. A person who wishes to be licensed by the board to engage in the practice of social work as a licensed baccalaureate social worker shall: 1. Furnish documentation as prescribed by the board by rule that the person has earned a baccalaureate degree in social work from a regiona…

A. A person who wishes to be licensed by the board to engage in the practice of social work as a licensed master social worker shall: 1. Furnish documentation satisfactory to the board that the person has earned a master's or higher degree in social work from a regionally accredi…

A person who wishes to be licensed by the board to engage in the practice of social work as a licensed clinical social worker shall: 1. Furnish documentation as prescribed by the board by rule that the person has: (a) Earned a master's or higher degree in social work from a regio…

A. The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of…

A. A person who wishes to be licensed by the board to engage in the practice of professional counseling as a licensed professional counselor shall: 1. Meet the education requirements of subsection B of this section and the work experience requirements of subsection F of this sect…

A. A person who wishes to be licensed by the board to engage in the practice of professional counseling as a licensed associate counselor shall satisfy the requirements of section 32-3301, subsections B, H and I and pass an examination approved by the board. B. A licensed associa…

SECTION 1. PURPOSE A. The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is…

A. A person who wishes to be licensed by the board to engage in the practice of marriage and family therapy as a licensed marriage and family therapist shall furnish documentation as prescribed by the board by rule that the person has: 1. Earned a master's or doctoral degree in b…

A. A person who wishes to be licensed by the board to engage in the practice of marriage and family therapy as a licensed associate marriage and family therapist shall satisfy the requirements of section 32-3311, subsection A, paragraphs 1 and 3 and subsection B. B. A licensed as…

A. A person who wishes to be licensed by the board to engage in the practice of addiction counseling as a licensed addiction technician shall present documentation as prescribed by the board by rule that the person has: 1. Received one of the following: (a) An associate degree in…

In this chapter, unless the context otherwise requires: 1. "Board" means the board of occupational therapy examiners. 2. "Consultation" means the act or procedure of exchanging ideas or information or providing professional advice to another professional or responsible party rega…

A. The board of occupational therapy examiners is established and consists of five members appointed by the governor. Each board member shall be a resident of the state at the time of appointment. The governor shall appoint two persons who are not engaged, directly or indirectly,…

A. Subject to title 41, chapter 4, article 4, the board may employ and discharge an executive director and other officers and employees as it deems necessary and designate their duties. Board personnel are eligible to receive compensation as determined pursuant to section 38-611.…

A. The board shall: 1. Administer, coordinate and enforce this chapter. 2. Evaluate the qualifications of applicants. 3. Prescribe examination requirements for licensure. 4. Adopt rules necessary to carry out this chapter. 5. Conduct informal meetings, formal interviews and heari…

A. The occupational therapy fund is established. Pursuant to sections 35-146 and 35-147, civil penalties imposed under section 32-3442, subsection K shall be deposited in the state general fund. The board shall deposit fifteen percent of all other monies collected under this chap…

(L24, Ch. 222, sec. 44. Eff. 7/1/28) A. The occupational therapy fund is established. Pursuant to sections 35-146 and 35-147, civil penalties imposed under section 32-3442, subsection K shall be deposited in the state general fund. The board shall deposit ten percent of all other…

A. Except as provided by section 32-3422, a person shall not do any of the following in this state unless licensed pursuant to this chapter: 1. Practice or assist in the practice of occupational therapy. 2. Claim to be an occupational therapist, an occupational therapy assistant …

This chapter does not prevent or restrict the practice, services or activities of: 1. A person engaging in the practice of that person's profession if the service is not practiced as or represented to be occupational therapy. 2. A person licensed in this state from engaging in th…

A. An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall: 1. Successfully complete the academic and fieldwork requirements of an educational program subject to board review and standards prescribed by the board. The board shall requ…

A. An applicant for licensure shall take a written examination approved and administered by the national board for certification in occupational therapy, incorporated. The examination shall test an applicant's knowledge of the basic and clinical services relating to providing occ…

A. The board shall grant a license to any person certified before July 1, 1990 as a registered occupational therapist or a certified occupational therapy assistant by the American occupational therapy certification board, incorporated. B. The board may waive the examination, educ…

A. Except as provided in section 32-4301, a license issued under this chapter is subject to renewal every two years and expires unless renewed. The board may reinstate an expired license if the licensee: 1. Complies with board rules for renewal of licenses. 2. Is not in violation…

A. The board by rule, shall establish and collect fees not to exceed: 1. One hundred dollars for application for a license. 2. Three hundred dollars for an initial license. 3. Three hundred dollars for renewal of a license. 4. Three hundred dollars for an application for reinstat…

A. The board may grant a limited license to a person who has not taken the licensure examination if that person was trained in this country and has completed the academic and fieldwork requirements of this chapter. B. The board may grant a limited license to a foreign-trained per…

Foreign trained occupational therapists and occupational therapy assistants shall: 1. Satisfy the examination requirements of section 32-3424. 2. Complete the academic and supervised fieldwork requirements that are substantially equal to those prescribed in section 32-3423 before…

A. Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement or a limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. B. This section does not …

Section 1 Purpose The purpose of this compact is to facilitate the interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located a…

A. A person who is licensed pursuant to this chapter to practice as an occupational therapist and who is in good standing may use the title of licensed occupational therapist and the abbreviation "O.T.", "O.T./L.", "O.T.R." or "O.T.R./L.". A person who is licensed pursuant to thi…

1. Receive written complaints filed against licensees and conduct investigations. 2. Conduct an investigation at any time on its own initiative without receipt of a written complaint if the board has reason to believe: (a) That there may be a violation of this chapter, a rule ado…

A. The board may issue subpoenas to compel attendance of witnesses and production of documents and administer oaths, take testimony, hear offers of proof and receive exhibits in evidence in connection with a board investigation or hearing. If a board subpoena is disobeyed, the bo…

Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.

A person is guilty of a class 1 misdemeanor who: 1. Obtains a license by fraud, by misrepresentation or in any manner other than that prescribed in this chapter. 2. Practices or assists in the practice of occupational therapy and is not licensed or exempt from the requirements of…

In lieu of a disciplinary proceeding prescribed by this article, the board may permit a licensee to actively participate in a board-approved substance abuse recovery program if: 1. The board has evidence that the licensee is an impaired professional. 2. The licensee has not been …

In this chapter, unless the context otherwise requires: 1. "Board" means the board of respiratory care examiners. 2. "Diagnostic testing" includes obtaining physiologic samples and determining acid-base status and blood gas values from blood samples and pulmonary function measure…

A. The board of respiratory care examiners is established consisting of seven members appointed by the governor. Each board member shall be a resident of this state at the time of appointment. The governor shall appoint: 1. Three licensed respiratory care practitioners, at least …

A. The board shall meet in January of each year to elect a chairman and other officers. The board shall hold at least one additional meeting before the end of each calendar year. Other meetings may be convened at the call of the chairman or the written request of any two board me…

A. The board shall: 1. Enforce and administer this chapter. 2. Adopt rules necessary to administer this chapter. 3. Examine applicants for licensure pursuant to this chapter at times and places it designates. 4. Investigate each applicant for licensure, before a license is issued…

A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty…

(L24, Ch. 222, sec. 46. Eff. 7/1/28) A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies from whatever source that come into the possession of the board in the state general fund…

A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who serves at the pleasure of the board. The executive director shall not be a board member. B. The executive director and other board employees are eligible to receive compensation as det…

A. This chapter does not prohibit: 1. The performance of respiratory care services that are an integral part of a program of study by students who are enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory ca…

A. All applications for licenses to practice respiratory care shall be filed with the board. B. Each application shall: 1. Be accompanied by the prescribed application fee. 2. Be signed by the applicant. 3. Contain a statement under oath of the facts entitling the applicant to ta…

A. An applicant for a license shall: 1. Be a high school graduate or the equivalent as prescribed by the board by rule. 2. Be a graduate of a respiratory therapy training program. 3. Pass a written examination approved by the board or be eligible to take a written examination pur…

The board may issue a license to an applicant without examination if the applicant: 1. Files an application pursuant to section 32-3522. 2. Satisfies the requirements prescribed in section 32-3523. 3. At the time of applying, is either: (a) Licensed as a licensed respiratory care…