North Carolina Administrative Code

21 NCAC 37G .0402 VERIFICATION OF LICENSE Any licensee requesting verification of a license shall submit to the Board the following: (1) A written request, including the contact information and jurisdiction that the Board is to send the verification; and (2) A non-refundable fee …

SUBCHAPTER 37H - CONTINUING EDUCATION SECTION .0100 - CONTINUING EDUCATION REQUIREMENTS 21 NCAC 37H .0101 CONTINUING EDUCATION HOURS REQUIREMENT Every licensee shall document successful completion of at least 30 hours of approved continuing education for each biennial period of r…

21 NCAC 37H .0102 CONTINUING EDUCATION PROGRAMS OF STUDY (a) The Board shall certify and administer courses in continuing education for the professional development of nursing home administrators and to enable persons to meet the requirements of the Rules in this Chapter. The lic…

21 NCAC 37H .0103 VERIFICATION OF ATTENDANCE Upon completion of a certified continuing education course, the sponsor of the course shall issue certificates of attendance to those who attend. The sponsor shall also submit a roster of those who attend to the Board within 10 days. I…

21 NCAC 37H .0104 PRECEPTOR CREDIT A preceptor applying for renewal who has served as a preceptor for a North Carolina AIT within the previous two years may receive: (1) 10 hours continuing education credit for attendance at a Preceptor Course offered by the Board; (2) five hours…

subchapter 37i – professional standards section .0100 - investigations 21 NCAC 37I .0101 INVESTIGATION: DISCIPLINE: AND CONTESTED CASE PROCEEDINGS (a) The Chairperson of the Board shall appoint a Professional Standards Committee comprised of another member of the Board, the Execu…

CHAPTER 38 - BOARD OF OCCUPATIONAL THERAPY SECTION .0100 - ORGANIZATION AND GENERAL PROVISIONS 21 NCAC 38 .0101 PURPOSE (a) These Rules set out standards and procedures, to license occupational therapists and occupational therapy assistants and to see that the qualifications and …

21 NCAC 38 .0102 BOARD OFFICE The administrative offices of the North Carolina Board of Occupational Therapy are located at: Wachovia Capitol Center 150 Fayetteville Street, Suite 1900 P.O. Box 2280 Raleigh, North Carolina 27602 Telephone: (919) 832-1380 Office hours are 9:00 a.m…

21 NCAC 38 .0103 DEFINITIONS The definitions in G.S. 90-270.67 apply to this Chapter. The following definitions also apply to the Chapter: (1) "Activities of daily living" (ADL) means self-care activities. (2) "Assessment" means the tools or instruments that are used during the e…

21 NCAC 38 .0104 RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 90-270.69(4); Eff. July 1, 1985; Amended Eff. May 1, 1987; Repealed Eff. May 1, 1989.

SECTION .0200 - APPLICATION FOR LICENSE 21 NCAC 38 .0201 APPLICATION PROCESS (a) Each applicant, including those trained outside the United States or its territories, for an occupational therapist or occupational therapy assistant license shall complete an application form provid…

21 NCAC 38 .0202 EXEMPTIONS History Note: Authority G.S. 90-270.70; 90-270.71; Eff. July 1, 1985; Repealed Eff. May 1, 1987.

21 NCAC 38 .0203 INTERVIEWS Interviews may be required by the Board should it have questions about the qualifications of an applicant. History Note: Authority G.S. 90-270.69(1),(4); Eff. July 1, 1985; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary withou…

21 NCAC 38 .0204 FEES (a) Fees are as follows: (1) a request for an initial application for licensure as an occupational therapist or occupational therapy assistant is ten dollars ($10.00); (2) application for issuance of a license or re-issuance of an expired license is one hund…

SECTION .0300 - LICENSING 21 NCAC 38 .0301 LICENSE NUMBER: DISPLAY OF LICENSE AND iDENTIFICATION BADGE (a) Each individual who is issued a license shall be issued a license number. Should that number be retired for any reason (such as death, failure to renew the license, or any o…

21 NCAC 38 .0302 LICENSE RENEWAL (a) Any licensee desiring the renewal of a license shall apply for renewal and shall submit the renewal application, documentation of continuing competence activities, and the fee. Occupational therapy assistants who are employed must also include…

21 NCAC 38 .0303 LIMITED PERMITS History Note: Authority G.S. 90-270.69(4); 90-270.74; Eff. July 1, 1985; Amended Eff. July 1, 2007; May 1, 1989; May 1, 1987; Repealed Eff. October 1, 2007.

21 NCAC 38 .0304 GROUNDS FOR LICENSE DENIAL OR DISCIPLINE (a) In addition to the conduct set forth in G.S. 90-270.76, the Board may deny, suspend, or revoke a license, or impose probationary conditions on a license, upon any of the following grounds: (1) writing a check given to …

21 NCAC 38 .0305 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS All occupational therapists and occupational therapy assistants are under a continuing duty to report to the Board within 30 days all: (1) convictions of or pleas of guilty or no contest to a felony or any …

21 NCAC 38 .0308 Code of Ethics Pursuant to G.S. 90-270.76(a)(2) the Board adopts by reference the Occupational Therapy Code of Ethics (2005) of the American Occupational Therapy Association, including subsequent amendments and editions. Copies of the American Occupational Therap…

SECTION .0400 - GENERAL 21 NCAC 38 .0401 CHANGE OF ADDRESS OR BUSINESS NAME All licensees shall notify the Board in writing of each change of name, residence, trade name, business address, or mailing address, within ten days of such change. History Note: Authority G.S. 90-270.69(…

21 NCAC 38 .0402 ADVERTISING In all advertisements relating to occupational therapy, the occupational therapist's or occupational therapy assistant's name and license number shall be given. A licensee may not advertise under a name that is different from the licensee's surname un…

SECTION .0500 - RULES 21 NCAC 38 .0501 PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES (a) General. The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B-16. (b) Submission. Rule-making petitions shall be sent to the Board. No sp…

21 NCAC 38 .0502 PROCEDURE FOR ADOPTION OF RULES (a) General. The procedure for the adoption, amendment or repeal of a rule is governed by G.S. 150B. (b) Notice of Rule-Making. Any person who wishes to receive individual notice shall file a written request with the Board and shal…

21 NCAC 38 .0503 TEMPORARY RULES The power of the Board to adopt temporary rules and the procedure by which such rules are put into effect are governed by G.S. 150B-13. History Note: Authority G.S. 150B-13; Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without …

21 NCAC 38 .0504 DECLARATORY RULINGS (a) General. The issuance of declaratory rulings by the Board is governed by G.S. 150B-17. (b) Contents of Request. A request for a declaratory ruling shall be in writing and addressed to the Board. The request shall contain the following info…

SECTION .0600 - ADMINISTRATIVE HEARING PROCEDURES 21 NCAC 38 .0601 APPLICABLE HEARING RULES When the Board elects to have the Office of Administrative Hearings hear a contested case, the Board's rules pertaining to contested case hearings, instead of the rules of the Office of Ad…

21 NCAC 38 .0602 RIGHT TO HEARING When the Board acts or proposes to act, other than in rule-making or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable person, such person has the right to an administrativ…

21 NCAC 38 .0603 REQUEST FOR HEARING (a) Any time an individual believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal…

21 NCAC 38 .0604 GRANTING OR DENYING HEARING REQUEST (a) The Board will grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). (b) The denial of a request for a hearing will be issued imme…

21 NCAC 38 .0605 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the n…

21 NCAC 38 .0606 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note: Authorit…

21 NCAC 38 .0607 INFORMAL PROCEDURES The Board and the other party or parties may agree in advance to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of certain proposed evidence; accepting the findings in some other…

21 NCAC 38 .0608 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request should bear the notation: "PETITION TO INTERVENE IN THE CASE OF (name of case)". (b) The petition must include the f…

21 NCAC 38 .0609 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely. (b) Permissive…

21 NCAC 38 .0610 DISQUALIFICATION OF BOARD MEMBERS (a) Self-disqualification. If for any reason a Board member determines that personal bias or other factors render that member unable to hear a contested case and perform all duties in an impartial manner, that Board member shall …

21 NCAC 38 .0611 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board, shall identify any document sought with specificity…

21 NCAC 38 .0612 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the Board's own motion, the presidin…

21 NCAC 38 .0613 FINAL DECISION In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. The decision will be the prerequisite "final agency decision" for the right to judicial…

21 NCAC 38 .0614 PROPOSALS FOR DECISION (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 3 .0026. …

SECTION .0700 - PROFESSIONAL CORPORATIONS 21 NCAC 38 .0701 AUTHORITY AND DEFINITIONS As used in this Section: (1) "Administrator" means the administrator of the North Carolina Board of Occupational Therapy. (2) "Board" means the North Carolina Board of Occupational Therapy. (3) "…

21 NCAC 38 .0702 PREREQUISITES FOR INCORPORATION The following requirements must be met in order to incorporate: (1) The incorporator, whether one or more, of a professional corporation shall be licensed to practice occupational therapy in North Carolina as an occupational therap…

21 NCAC 38 .0703 CERTIFICATE OF REGISTRATION The Certificate of Registration shall be issued as follows: (1) The legal counsel or administrator shall issue a Certificate of Registration (Corp. Form 02) for the professional corporation to become effective only when the professiona…

21 NCAC 38 .0704 GENERAL AND ADMINISTRATIVE PROVISIONS (a) If the legal counsel or administrator shall decline to issue a Certificate of Registration required by 21 NCAC 38 .0703(1), or decline to renew the same when requested, or shall refuse to take any other action required of…

21 NCAC 38 .0705 FORMS The following forms may be secured from the office of the Board regarding professional corporations: (1) Regulations adopted by the Board relating to Professional Corporations whose purpose is providing occupational therapy related services; (2) Corp. Form …

21 NCAC 38 .0706 FEES (a) Initial issuance of a Certificate of Registration requires a fee of fifty dollars ($50.00). (b) Renewal of a Certificate of Registration requires a fee of twenty-five dollars ($25.00). (c) Late renewal of a Certificate of Registration requires an additio…

SECTION .0800 – CONTINUING COMPETENCE ACTIVITY 21 NCAC 38 .0801 CONTINUING COMPETENCE DEFINITIONS As used in this Section: (1) "AOTA Approved Provider Program" means a voluntary process of review and approval of continuing education (CE) providers by the American Occupational The…

21 NCAC 38 .0802 CONTINUING COMPETENCE REQUIREMENTS FOR LICENSURE (a) Licensed occupational therapists and occupational therapy assistants applying for license renewal shall document having earned a minimum of 15 points for approved continuing competence activities between July 1…

21 NCAC 38 .0803 APPROVAL OF ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE (a) Provided the activities meet the requirements of Rule .0804, the Board shall approve: (1) Continuing competence activities sponsored or approved by the North Carolina Occupational Therapy Associatio…

21 NCAC 38 .0804 SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE (a) To be approved by the Board, activities that qualify for maintaining continuing competence as set forth in Rule .0805 of this Section must be related to the licensee's current or anticipated …