Title 40, Professions and Occupations

In addition to the sanctions the board may impose pursuant to this chapter, the board may impose a fine up to two thousand dollars for each violation of a provision of this chapter, not to exceed ten thousand dollars. The board also may take disciplinary action against a person a…

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.

As used in this chapter: (1) "ACOTE" means the Accreditation Council for Occupational Therapy Education. (2) "AOTA" means the American Occupational Therapy Association. (3) "Board" means the South Carolina Board of Occupational Therapy. (4) "Direct supervision" means personal, da…

A person who practices or offers to practice as an occupational therapist or as an occupational therapy assistant in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates any other pr…

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

(A)(1) An applicant for licensure as an occupational therapist shall file a written application on forms provided by the board showing to the satisfaction of the board that the applicant: (a) has graduated from an occupational therapy educational program approved by ACOTE or othe…

(A) An applicant for licensure must submit a completed notarized application form, the required fee in the form of a check or money order, and an acceptable legal document indicating any name changes, if applicable. (B) An applicant applying for licensure by examination must comp…

The board may license without examination a person who holds a current and valid license as an occupational therapist or as an occupational therapy assistant in another state if: (1) the licensure requirements for that state are at least substantially equivalent to the licensing …

(A) All licenses are valid for a period of time not to exceed two years, and it is the licensee's responsibility to renew the license on March fifteenth whether or not a notice is received. An occupational therapist or an occupational therapy assistant who first becomes licensed …

(A) The board shall license as an occupational therapist or an occupational therapy assistant an applicant who proves to the satisfaction of the board fitness for licensure under the provisions of this chapter. The board shall issue to each licensee a certificate of licensure whi…

This chapter does not apply to a person: (1) employed as an occupational therapist or occupational therapy assistant by an agency of the federal government if occupational therapy is provided solely under the direction or control of the federal government agency; (2) who is enrol…

(A) An occupational therapist: (1) has the ultimate responsibility for occupational therapy treatment outcomes and for all occupational therapy services performed under the therapist's supervision; (2) at a minimum, shall provide supervision as required by this chapter; (3) shall…

No person may practice occupational therapy or may practice as an occupational therapy assistant without a license issued in accordance with this chapter. A person whose license has been suspended or revoked, who uses in connection with his name the words or letters "Occupational…

(A) An occupational therapy assistant only shall assist in the practice of occupational therapy under the supervision of a licensed occupational therapist and shall: (1) only accept those duties and responsibilities for which the assistant has been specifically trained and is qua…

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to occupational therapists and occupational therapy assistants regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Art…

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) The board shall establish fees in…

(A) The purpose of this compact is to facilitate 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 at the time of the …

As used in this compact and except as otherwise provided: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and …

(A) To participate in the compact, a member state shall: (1) license occupational therapists and occupational therapy assistants; (2) participate fully in the commission's data system including, but not limited to, using the commission's unique identifier as defined in rules of t…

(A) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) hold a license in the home state; (2) have a valid United States Social Security Number or national practitioner identification number; (3) have no encumbrance on any stat…

(A) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time. (B) If an occupational therapist or occupational therapy assistant changes primary state of res…

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a hom…

(A) A home state has exclusive power to impose adverse action against an occupational therapist license or occupational therapy assistant license issued by the home state. (B) In addition to the other powers conferred by state law, a remote state shall have the authority, in acco…

(A) The compact member states hereby create and establish a joint public agency known as the "Occupational Therapy Compact Commission". (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission must b…

(A) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) A member state shall submit a uniform da…

The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and may adopt an official seal bearing the words "South Carolina Board of Occupational Therapy". The board shall promulgate regulations necessary to carry out the provisions of this chapter inc…

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to it. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) The commission shall promulgate reaso…

(A) Oversight (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effect the compact's purposes and intent. The provisions of this compact and the rules promulg…

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, must be limited to the powers granted to the commission relating to assembly and the promulgation of…

This compact must be liberally construed to effect the purposes of it. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of a member state or of the United States or the app…

(A) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (B) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact…

The board shall regulate the issuance of licenses and temporary licenses and shall discipline occupational therapists or occupational therapy assistants in any manner authorized by this chapter or Article 1, Chapter 1. In addition, the board has those powers and duties provided f…

The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.

The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.