Maryland Administrative Code

.05 Review by Committee on Capital and Operational Funding. A. The Committee on Capital and Operational Funding shall review letters of request in a timely manner to: (1) Ensure that all information as to community health resource status specified in COMAR 10.45.05 has been provi…

.06 Review by the Commission. A. Upon receipt of a recommendation on a request for emergency funding from the Committee on Capital and Operational Funding, or on its own initiative, the Commission shall: (1) Determine whether all necessary information has been made available and,…

.07 Negotiation and Award. A. An applicant approved by the Commission for a temporary emergency grant pursuant to Regulation .06 of this chapter shall, in collaboration with the Commission, develop grant specifications concerning: (1) A grant disbursement schedule; (2) Monitoring…

.08 Use of Grant Funds. A. A grantee under this chapter may use grant funds only for the purposes outlined in the applicant's letter of request unless a change in those conditions has been previously agreed to by the Commission and the applicant in writing. B. If a grantee fails …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Aide” means any individual who is not licensed by the Board to perform occupational therapy or limited occupational therapy and who provides supportive services to the occ…

.02 Licensure. A. Except as otherwise provided in this chapter, an individual shall be licensed by the Board before the individual may practice occupational therapy or limited occupational therapy. B. Term and Renewal of License. (1) An initial license is issued after successfull…

.03 Standards of Practice. A. Occupational Therapist. (1) An occupational therapist shall exercise sound judgment and provide adequate care in the performance of duties as provided in nationally recognized standards of practice. (2) An occupational therapist shall document client…

.04 Supervision Requirements. A. Occupational Therapist. (1) A licensed occupational therapist may supervise the clinical practice of the following: (a) Occupational therapist; (b) Occupational therapy assistant; (c) Temporary occupational therapist; (d) Temporary occupational th…

.05 Documentation Requirements for Supervision. A. Occupational Therapy Assistant. Documentation for supervision of an occupational therapy assistant shall include, but is not limited to: (1) Reports or summaries documenting compliance with periodic supervision that are written a…

.06 Authority to Practice. It is unlawful for an individual who has a revoked, suspended, electively nonrenewed, or expired license status for any reason to: A. Practice occupational therapy in the State; or B. Use licensing credentials as specified in Regulation .07 of this chap…

.07 Licensure Status Representation. Individuals authorized to practice occupational therapy by the Board, and only those individuals, shall use the following credentials to represent licensure status to the public: A. Licensed occupational therapist (OT/L); B. Licensed occupatio…

.08 Disclosure for Compelling Public Purpose. A. The Board may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, and may disclose the i…

.01 General Conduct. A. The licensee shall: (1) Provide appropriate services for clients without regard to age, race, creed, ethnicity, gender, lifestyle choices, impairment, disability, diagnosis, spirituality, or religious affiliation; (2) Provide the highest quality services t…

.02 Sexual Misconduct. A. The licensee shall avoid a relationship or an activity with the client that interferes with professional judgment and objectivity. B. The licensee may not: (1) Exploit the client sexually, physically, emotionally, socially, or in another manner; or (2) E…

.03 Professional Competence. An occupational therapist and occupational therapy assistant shall: A. Limit practice to the areas of competency by which proficiency has been gained through education, training, and experience; B. Acquire the education and training needed to address …

.04 Penalties. Violation of Regulation .01 or .02 of this chapter may result in the Board taking action to reprimand the licensee or place the licensee on probation, or to suspend or revoke the licensee's license.

.01 Scope. This chapter applies to all formal hearings before the Board of Occupational Therapy Practice. They do not apply to informal investigations, meetings, or proceedings when no formal ruling or decision is made.

.02 Notice of Hearing. A. Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time, and place of the hearing. It shall also state the issues or charges involved in the proceeding. B…

.03 Representation of Parties. All parties appearing at formal hearings shall have the right to appear in proper person, or by or with counsel.

.04 Prehearing Procedures. A. Prehearing Conferences. The Board may set a prehearing conference as it deems appropriate. B. Case Resolution Conference (CRC) Committee. (1) One or more Board members comprise a committee which makes recommendations to the Board with regard to propo…

.05 Conduct of the Hearing. A. Board Majority. Except as provided in §B of this regulation, each hearing shall be held before a majority of the Board. B. Delegation. The Board may delegate the authority to conduct the hearing to a committee in accordance with Health Occupations A…

.06 Records and Transcripts. A. The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding. B. A stenographic record of the proceedings shall be made at the expense of the Board. This …

.07 Decision and Order. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each …

.08 Rehearings. A. Any party aggrieved by the decision and order may apply for rehearing within 10 days after service of the decision and order. Action on an application shall lie in the discretion of the Board. B. Unless otherwise ordered, neither the rehearing nor the applicati…

.01 Scope. A. This chapter applies to all occupational therapists and occupational therapy assistants seeking to obtain, renew, reactivate, or reinstate licensure in Maryland. B. The objectives of this chapter are to establish guidelines in order to: (1) Maintain professional com…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Competence” means an individual's capacity for performance in occupational therapy principles and procedures. (2) Competency. (a) “Competency” means the demonstration of t…

.03 Maintaining Records of Contact Hours. A. A licensee shall retain supporting documents relative to continuing competency requirements for a period of 4 years after the date of renewal for inspection by the Board. These documents may be audited by the Board at any time. B. A li…

.04 Licensure and Contact Hour Requirements. A. Time Frame. (1) Licensure Time Frame. (a) The Board shall stagger the terms of licenses. (b) A license is valid for a 2-year term and expires as follows: (i) Licensees originally licensed in even-numbered years are issued a license …

.05 Approval of Contact Hour Programs. A. The Board preapproves contact hours provided by: (1) The American Occupational Therapy Association (AOTA); (2) The Maryland Occupational Therapy Association (MOTA); (3) AOTA-approved providers; and (4) The National Board for Certification…

.06 Continuing Competency Activities. A. A licensee may accrue contact hours by being involved in a broad variety of programs and activities to maintain professional competency. B. A minimum of 16 hours is required to be earned through continuing competencies related to occupatio…

.07 Audit of Continuing Competency. A. At the Board's discretion, the Board shall audit the continuing competency documentation of a number of randomly selected licensees. B. The Board shall send notification of audit to audited licensees. C. A licensee is subject to an audit of …

.01 Fees. The fees established by the Board are as follows: A. Address change, failure to notify the Board — $50; B. Application for initial licensure (includes first temporary license and is nonrefundable) — $200; C. Application for second temporary license — $50; D. Continuing …

.02 Assessment for Health Care Professionals. At the time of license renewal an occupational therapist shall pay a fee for health care professionals assessed by the Maryland Health Care Commission (MHCC), as specified in COMAR 10.25.02.

.01 Purpose. This chapter sets forth the requirements for licensed occupational therapists and licensed occupational therapy assistants to apply and use electrical and superficial physical agent modalities as related to, or in preparation for, purposeful activity, with appropriat…

.02 Exceptions. A licensee who is credentialed as a certified hand therapist is exempt from the requirements set forth in this chapter.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Didactic education” means an educational activity: (a) That includes a method of evaluating and testing the knowledge of the licensee relative to electrical physical agent…

.04 Standards of Competence for Electrical Modalities. A. An occupational therapist, or occupational therapy assistant under the periodic supervision of an occupational therapist, who wishes to use occupational therapy procedures involving electrical physical agent modalities sha…

.05 Treatment Plan Guidelines for Physical Agent Modalities. A. The occupational therapist does not need to meet the competency requirements as set forth in this chapter in order to develop a treatment plan which includes recommendations for use of physical agent modalities. B. T…

.06 Documentation of Education in Electrical Physical Agent Modalities. A. The occupational therapist or occupational therapy assistant is responsible for maintaining verification of education relative to electrical physical agent modalities. B. Verification shall include: (1) Id…

.07 Maintaining Records of Education Documentation. A. A licensee shall retain verification documentation and direct clinical education relative to electrical physical agent modalities for the duration of the licensee's professional career in occupational therapy. B. A licensee's…

.08 Superficial Physical Agent Modalities. A licensee may apply superficial physical agent modalities including, but not limited to, hot packs, cold packs, paraffin, fluidotherapy, and icing.

.09 Audit of Physical Agent Modalities Documentation. A. At the Board's discretion, the Board may audit a number of randomly selected licensees. B. The Board shall send notification of audit to audited licensees. C. A licensee is subject to an audit of the licensee's physical age…

.01 Scope. A. This chapter shall be used by the Board and the Maryland Office of Administrative Hearings as a framework for imposing discipline. B. The Board and the Maryland Office of Administrative Hearings shall take into consideration a range of activity within certain types …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Maryland State Board of Occupational Therapy Practice. (2) “Conditions” means requirements in a public or non-public order that a licensee is required to …

.03 Application. A. This chapter shall be used by the Board as a guide for sanctioning licensees in formal and informal actions and proceedings. B. Except as provided in Regulation .05 of this chapter, the Board shall impose a sanction not less severe than the minimum listed in R…

.04 Aggravating and Mitigating Factors. A. Sanctions in a particular case may fall outside the range of the sanctioning guidelines established by the Board. B. Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Boa…

.05 Disciplinary Guidelines. The following guidelines shall be used by the Board as a guide for sanctioning licensees in formal and informal actions and proceedings: A. Abuse — Physical and Emotional. Severity Tier/Conduct Sanction Range Duration Minimum Maximum Least to Greatest…