Title BPC, California Bus. & Prof. Code

(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) An occupational therapy assistant may…

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) Evidence of continued competency as …

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 supervise…

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) An application fee not to exceed fifty dollars ($50). (b) A la…

(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, …

(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…

(a) An occupational therapist shall document the occupational therapist’s evaluation, goals, treatment plan, and summary of treatment in the client record. (b) An occupational therapy assistant shall document the services provided in the client record. (c) Occupational therapists…

(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) The members of the board shall consist of the following: (1) Three occupational therapists who shall have practiced…

Notwithstanding any other law, the repeal of Section 2570.19 renders the board subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2022, Ch. 290, Sec. 4. (AB 2671) Effective January 1, 2023.)

As used in this chapter, unless the context requires otherwise: (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-relat…

(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) The board shall adopt rules in accordance with the Administrative Procedure Ac…

Subject to Sections 107 and 154, the board may employ an executive officer and other officers and employees (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)

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 expens…

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. (Added…

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, …

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 prote…

(a) The board may, after a hearing, deny, suspend, revoke, or place on probation a license, inactive license, or limited permit. (b) As used in this chapter, “license” includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. …

(a) The board may discipline a licensee by any or a combination of the following methods: (1) Placing the license on probation with terms and conditions. (2) Suspending the license and the right to practice occupational therapy for a period not to exceed one year. (3) Revoking th…

The board may deny or discipline a licensee for any of the following: (a) Unprofessional conduct, including, but not limited to, the following: (1) Incompetence or gross negligence in carrying out usual occupational therapy functions. (2) Repeated similar negligent acts in carryi…

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) Obtain or possess in violation of law, or prescribe, or, except as directed by a…

(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 th…

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…

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…

(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 ela…

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 info…

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons: (a) Any person licensed or otherwise recognized in this state by any other law or regulation when that person is engaged in the professio…

(a) A limited permit may be granted to any person who has completed the education and experience requirements of this chapter. (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 aw…

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) Tha…

(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) Each applicant for …

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. (Added by Stats. 2007, Ch. 588, Sec. 35. E…

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. (Amended by Stats. 2009, Ch. 307, Sec. 18. (…

(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 practitione…

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 ar…

(a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs s…

It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this chapter shall pro…

(a) It is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and sup…

A paralegal is subject to the same duty as an attorney specified in subdivision (e) of Section 6068 to maintain inviolate the confidentiality, and at every peril to himself or herself to preserve the attorney-client privilege, of a consumer for whom the paralegal has provided any…

The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of this chapter. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)

(a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to the prevailing plaintiff. (b) Any person who violates the provisions…

An individual employed by the state as a paralegal, legal assistant, legal analyst, or similar title, is exempt from the provisions of this chapter. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)