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NE W JE R S E Y AD M I N I S T R AT I V E CO D E
TI T L E 13
LA W A N D PU B L I C SA F E T Y
CH A P T E R 44K
OC C U PAT I O N A L T H E R A P Y AD V I S O R Y
CO U N C I L
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CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. GENERAL PROVISIONS ......................................................................................4
13:44K-1.1 Purpose and scope ................................................................................................................. 4
13:44K-1.2 Definitions ............................................................................................................................. 4
13:44K-1.3 Occupational therapy services performed for 60 days without a license ................................ 7
SUBCHAPTER 2. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS:
ELIGIBILITY REQUIREMENTS .......................................................................................................9
13:44K-2.1 Eligibility requirements; occupational therapist; occupational therapy assistant .................... 9
13:44K-2.2 Credit towards licensure as an occupational therapist for education, training, and experience
received while serving as a member of the Armed Forces ...................................................................... 11
13:44K-2.3 Credit towards licensure as an occupational therapy assistant for education, training, and
experience received while serving as a member of the Armed Forces .................................................... 13
SUBCHAPTER 3. OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS:
LICENSING PROCEDURE ............................................................................................................15
13:44K-3.1 Licensing procedure: occupational therapist ........................................................................ 15
13:44K-3.2 Licensing procedure: occupational therapy assistant............................................................ 17
13:44K-3.3 Licensure by reciprocity ....................................................................................................... 20
SUBCHAPTER 4. TEMPORARY LICENSES....................................................................................22
13:44K-4.1 Temporary license ............................................................................................................... 22
13:44K-4.2 Expiration of temporary license; renewal of temporary license ............................................ 26
SUBCHAPTER 5. SCOPE OF PRACTICE ........................................................................................27
13:44K-5.1 Scope of practice of a licensed occupational therapist ......................................................... 27
13:44K-5.2 Scope of practice of a licensed occupational therapy assistant ............................................. 28
13:44K-5.3 Delegation of occupational therapy services ........................................................................ 29
13:44K-5.4 Use of physical agent modalities by a licensed occupational therapist; delegation to licensed
occupational therapy assistant .............................................................................................................. 30
13:44K-5.5 Use of physical agent modalities by a licensed occupational therapy assistant; supervisor
responsibilities ...................................................................................................................................... 33
SUBCHAPTER 6. SUPERVISION ..................................................................................................35
13:44K-6.1 Supervision requirement ..................................................................................................... 35
13:44K-6.2 Designated supervisor: general qualifications and responsibilities ....................................... 36
13:44K-6.3 Responsibilities of a designated supervisor: occupational therapy assistant ......................... 36
13:44K-6.4 Responsibilities of a designated supervisor: temporary license holder ................................. 37
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13:44K-6.5 Responsibilities of an occupational therapy assistant and temporary license holder ............ 37
13:44K-6.6 Delegation of supervision responsibilities ............................................................................ 38
SUBCHAPTER 7. TELEMEDICINE AND TELEHEALTH ...................................................................39
13:44K-7.1 Purpose and scope ............................................................................................................... 39
13:44K-7.2 Definitions ........................................................................................................................... 39
13:44K-7.3 Standard of care .................................................................................................................. 41
13:44K-7.4 Licensee-client relationship.................................................................................................. 41
13:44K-7.5 Provision of occupational therapy services through telemedicine or telehealth ................... 42
13:44K-7.6 Records ............................................................................................................................... 44
13:44K-7.7 Prevention of fraud and abuse ............................................................................................. 44
13:44K-7.8 Privacy and notice to clients................................................................................................. 44
SUBCHAPTER 8. GENERAL OBLIGATIONS OF LICENSEES ...........................................................45
13:44K-8.1 Notification of change of address of record; service of process ............................................ 45
13:44K-8.2 Notification of change of name ............................................................................................ 46
13:44K-8.3 Unlicensed practice of occupational therapy ........................................................................ 46
13:44K-8.4 Aiding and abetting unlicensed practice ............................................................................... 47
13:44K-8.5 Sexual misconduct ............................................................................................................... 47
13:44K-8.6 License renewal ................................................................................................................... 49
13:44K-8.7 License reactivation ............................................................................................................. 50
13:44K-8.8 License reinstatement.......................................................................................................... 52
13:44K-8.9 Claims submissions forms .................................................................................................... 53
SUBCHAPTER 9. BUSINESS PRACTICES; PROFESSIONAL CONDUCT ...........................................54
13:44K-9.1 Display of notice of licensure; duplicate license; notification of availability of fee information
.............................................................................................................................................................. 54
13:44K-9.2 Financial arrangements with clients and third party-payors ................................................. 55
13:44K-9.3 Professional interactions with clients ................................................................................... 56
13:44K-9.4 Prohibition on excessive fees ............................................................................................... 56
13:44K-9.5 Termination of services ........................................................................................................ 57
SUBCHAPTER 10. CLIENT RECORDS ...........................................................................................57
13:44K-10.1 Preparation and maintenance of client records .................................................................. 57
13:44K-10.2 Use of computer to prepare client records ......................................................................... 59
13:44K-10.3 Release of client records .................................................................................................... 60
SUBCHAPTER 11. FEES ..............................................................................................................60
13:44K-11.1 Fee schedule ...................................................................................................................... 60
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SUBCHAPTER 1.
GENERAL PROVISIONS
13:44K-1.1 PURPOSE AND SCOPE
a) The rules in this chapter implement the provisions of the Occupational Therapy Licensing Act
(the Act), N.J.S.A. 45:9-37.51 et seq., and regulate the practice of occupational therapy
within the State of New Jersey.
b) Except as set forth in (c) below, this chapter shall apply to all applicants for licensure as an
occupational therapist or occupational therapy assistant and licensees who offer or practice
occupational therapy in the State of New Jersey.
c) This chapter shall not apply to those individuals exempt from the licensure requirements of
the Act pursuant to N.J.S.A. 45:9-37.60, except as provided in N.J.A.C. 13:44K-1.3.
13:44K-1.2 DEFINITIONS
The following words and terms, as used in this chapter, shall have the following meaning,
unless the context clearly indicates otherwise:
"Act" means the Occupational Therapy Licensing Act codified at N.J.S.A. 45:9-37.51 et. seq.
"Client" means a person, group of persons or a system, that receives professional services
rendered by a licensed occupational therapist, a licensed occupational therapy assistant or a
temporary licensed occupational therapist or assistant in medical, health, educational, vocational
or social settings.
"Consultative services" means the provision of expert or professional advice to a client or
other interested party with regard to therapeutic activities or approaches which may be utilized in
order to improve the occupational performance of a client.
"Council" means the Occupational Therapy Advisory Council established pursuant to
N.J.S.A. 45:9-37.54.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
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"Direct services" means occupational therapy techniques that are individually designed and
that are provided by an occupational therapist, an occupational therapy assistant or a temporary
licensed occupational therapist or assistant to a client in order to improve the occupational
performance of the client.
"Indirect services" means occupational therapy techniques that are individually designed, but
which do not require direct interaction with the client, for the purpose of directing or advising
others in therapeutic activities or approaches which may be used in order to improve the
occupational performance of the client.
"Licensee" means any individual holding a license to provide occupational therapy services
in the State of New Jersey.
"Occupational performance" means the performance of life skills, roles and functions,
including work, recreation and leisure skills and the activities of daily living that are affected by
sensory, motor, perceptual, cognitive and/or psycho-social abilities.
"Occupational therapist" means a person licensed to practice occupational therapy pursuant
to the provisions of the Act and this chapter.
"Occupational therapy" means the evaluation, planning and implementation of a program of
purposeful activities to develop or maintain functional skills necessary to achieve the maximum
physical and/or mental functioning of the client for optimum occupational performance.
"Occupational therapy assistant" means a person licensed pursuant to the provisions of the
Act and this chapter to assist in the practice of occupational therapy under the supervision of an
occupational therapist on a regularly scheduled basis for the purpose of planning, review or
evaluation of occupational therapy services.
"Occupational therapy services" means the use of specific techniques which enhance the
functional performance of a client, including the evaluation and assessment of a client's self-
care, lifestyle performance patterns, work skills, performance related cognitive, sensory, motor,
perceptual, affective, interpersonal and social functioning, vocational and prevocational
capacities. Occupational therapy services also includes the design, fabrication and application of
adaptive equipment or prosthetic or orthotic devices, excluding dental devices, the utilization of
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physical agent modalities, the administration of standardized and non-standardized assessments
and consultation, including recommendations for the adaptation of physical environments.
"Program" means a procedure for solving a problem, including the collection of data, the
processing and presentation of test results and the recommended use of purposeful activities, in
order to achieve optimal occupational performance.
"Purposeful activities" means acts and occupations of craftsmanship and workmanship, as
well as creative, educational, or other activities, which in whole or in part are used to correct,
compensate for or prevent dysfunction in the tasks and activities of everyday living, and which
simultaneously incorporate personally and culturally relevant biological, psychological and social
elements that produce positive adaptation and motivational behavior.
"Short term goals" means occupational therapy goals established for no longer than one
year.
"Supervision" means the responsible and direct involvement of a licensed occupational
therapist with an occupational therapy assistant, a temporary licensed occupational therapist, a
temporary licensed occupational therapy assistant or an occupational therapy student fulfilling
the required fieldwork component of his or her educational training, for the development of an
occupational therapy treatment plan and the periodic review of the implementation of that plan.
Such supervision shall be close, routine or general, consistent with the following:
1.
"Close supervision" means daily, face-to-face contact with and frequent observation of the
performance of the individual at the location where he or she is rendering services;
2.
"Routine supervision" means face-to-face contact with and observation of the
performance of the individual at least once a week at the location where he or she is
rendering services; and
3.
"General supervision" means face-to-face contact with and observation of the
performance of the individual at least once every two weeks at the location where he or
she is rendering services.
"Task oriented activities" means purposeful activities having an explicit, observable and
measurable short-term goal which contributes to the well-being of clients.
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13:44K-1.3 OCCUPATIONAL THERAPY SERVICES PERFORMED FOR 60 DAYS
WITHOUT A LICENSE
a) For purposes of this section, the term "in association with" means an employment
relationship, independent contractor relationship, consultant relationship, or other agreement
between a New Jersey licensed occupational therapist and an occupational therapist or
occupational therapy assistant licensed in another state, whereby the New Jersey licensed
occupational therapist agrees to assume the responsibilities set forth in this section.
b) An occupational therapist or occupational therapy assistant licensed in another state with
regulatory requirements that are substantially equivalent to the requirements in New Jersey
shall be permitted to engage in the practice of occupational therapy in this State, in
association with a New Jersey licensed occupational therapist who satisfies the
requirements of (c) below, for up to 60 days in a calendar year without obtaining a license,
pursuant to N.J.S.A. 45:9-37.60(e), consistent with the requirements of this section.
c) The New Jersey licensed occupational therapist with whom an occupational therapist or
occupational therapy assistant licensed in another state seeks to work in association with
pursuant to (b) above shall:
1)
Have a license in New Jersey that is active and in good standing, other than a temporary
license;
2)
Obtain confirmation from the Council that the state in which the occupational therapist or
occupational therapy assistant is licensed has regulatory requirements that are
substantially equivalent to the requirements in New Jersey;
3)
Submit written notification to the Council of the occupational therapist or occupational
therapy assistant's decision to work in New Jersey pursuant to this section, within seven
business days of the commencement of work in New Jersey. The written notification shall
include the occupational therapist or occupational therapy assistant's name, address,
states of licensure, out-of-State license numbers and the address in New Jersey where
he or she will be providing occupational therapy services. The written notification shall
also include a statement that the New Jersey licensee has verified with the licensing
authority in each state in which the occupational therapist or occupational therapy
assistant is licensed that:
i) The licensee is in good standing; and
ii) The occupational therapist or occupational therapy assistant has not been convicted
of a crime and does not have any criminal charges pending;
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4)
Provide a copy of the Occupational Therapy Licensing Act, N.J.S.A. 45:9-37.51 et seq.,
and the rules of this chapter to the occupational therapist or occupational therapy
assistant prior to the commencement of work in New Jersey and shall ensure that the
occupational therapist or occupational therapy assistant complies with all requirements
set forth in the Act and in this chapter; and
5)
Submit written notification to the Council whenever the association between the licensee
and the occupational therapist or occupational therapy assistant is completed or is
terminated. Such notification shall be submitted within seven business days of the
completion or termination of the association.
d) Failure on the part of an occupational therapist or occupational therapy assistant licensed in
another state to comply with the requirements of N.J.S.A. 45:9-37.60(e) or this section while
providing occupational therapy services in New Jersey shall be deemed a violation of the
Occupational Therapy Licensing Act, N.J.S.A. 45:9-37.60(e), and this section. The Council
shall give notice of such violation to the licensing authority in the state in which the
occupational therapist or occupational therapy assistant is licensed. Such violation may be
considered by the Council in evaluating any application by the occupational therapist or
occupational therapy assistant for occupational therapy licensure in New Jersey.
e) The New Jersey licensed occupational therapist with whom an occupational therapist or
occupational therapy assistant licensed in another state seeks to work in association shall
comply with the requirements set forth in (c) above in each calendar year that such
association takes place.
f) The New Jersey licensed occupational therapist who works in association with an
occupational therapist or occupational therapy assistant licensed in another state shall
maintain all documentation regarding such associations for a period of five years from the
date of termination of each association.
g) A New Jersey licensed occupational therapist who fails to comply with the requirements of
this section shall be deemed to have engaged in professional misconduct.
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SUBCHAPT ER 2.
OCCUPATIONAL THERAPISTS AND OCCUPATIONAL T HERAPY
ASSISTANT S: EL IGIBIL ITY REQUIREMENTS
13:44K-2.1 ELIGIBILITY REQUIREMENTS; OCCUPATIONAL THERAPIST;
OCCUPATIONAL THERAPY ASSISTANT
a) To be eligible for licensure as an occupational therapist, an applicant shall:
1)
Be at least 18 years of age;
2)
Be of good moral character;
3)
Except as provided in (d) below, have successfully completed:
i) A master’s degree or its equivalent in occupational therapy from an accredited
college or university approved by the Commission on Higher Education or its
successor; or
ii) A master’s degree or its equivalent in any field other than occupational therapy from
an accredited college or university approved by the Commission on Higher Education
or its successor and have fulfilled the academic requirements of an educational
program in occupational therapy accredited by the Accreditation Council for
Occupational Therapy Education (ACOTE) of the American Occupational Therapy
Association, the World Federation of Occupational Therapy (WFOT) or other
nationally recognized programmatic accrediting agency;
4)
Have successfully completed at least 24 weeks of supervised fieldwork experience
approved by the educational institution at which the applicant completed the occupational
therapy education program in accordance with (a)3i and ii above, or, if applicable, (d)
below; and
5)
Have successfully passed the certification examination administered by the National
Board for Certification in Occupational Therapy (NBCOT), or its predecessors and/or its
successors.
b) To be eligible for licensure as an occupational therapy assistant, an applicant shall:
1)
Be at least 18 years of age;
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2)
Be of good moral character;
3)
Have successfully completed:
i) An associate's degree or its equivalent in occupational therapy from an accredited
college or university approved by the Commission on Higher Education or its
successor; or
ii) An associate's degree or its equivalent in any field other than occupational therapy
from an accredited college or university approved by the Commission on Higher
Education or its successor and have fulfilled the academic requirements of an
educational program for occupational therapy assistant accredited by the
Accreditation Council for Occupational Therapy Education of the American
Occupational Therapy Association, the World Federation of Occupational Therapy or
other nationally recognized programmatic accrediting agency;
4)
Have successfully completed at least 12 weeks of supervised fieldwork experience
approved by the educational institution at which the applicant completed the occupational
therapy education program as evidenced in accordance with (b)3i and ii above; and
5)
Have successfully passedd the certification examination administered by the National
Board for Certification in Occupational Therapy (NBCOT), or its predecessors and/or its
successors.
c) A foreign-trained applicant who did not attend an education program that was accredited by
ACOTE or WFOT at the time of the applicant’s graduation may be eligible for licensure if the
applicant can demonstrate that he or she has completed educational and fieldwork
requirements substantially equivalent to those in this State. An applicant shall complete all
other requirements required for licensure as set forth in N.J.A.C. 13:44K-3.1 or 3.2, as
applicable.
1)
To demonstrate substantial equivalence to the education requirements, a foreign-trained
applicant shall provide the Council with a letter from the National Board of Certification in
Occupational Therapy (NBCOT) verifying that it has assessed the applicant’s academic
credentials and permitted the applicant to sit for the examination. An applicant may
request from NBCOT a credential evaluation letter at http://www.nbcot.org.
2)
The Council shall consider the NBCOT credential evaluation letter along with the
applicant’s transcripts and proof of fieldwork experience.
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d) The master’s degree requirement for licensure as an occupational therapist shall not apply to
an applicant who:
1)
Prior to January 1, 2007, has successfully completed:
i) A bachelor’s degree or its equivalent in occupational therapy from an accredited
college or university approved by the Commission on Higher Education or its
successor; or
ii) A bachelor’s degree or its equivalent in any field other than occupational therapy
from an accredited college or university approved by the Commission on Higher
Education or its successor and has fulfilled the academic requirements of an
educational program in occupational therapy accredited by the Accreditation Council
for Occupational Therapy Education of the American Occupational Therapy
Association, the World Federation of Occupational Therapy, or other nationally
recognized programmatic accrediting agency;
2)
Prior to January 1, 2007, has satisfied the fieldwork experience required in (a)4 above
and successfully passed the certification examination for occupational therapists; and
3)
The applicant has met all other requirements for licensure.
13:44K-2.2 CREDIT TOWARDS LICENSURE AS AN OCCUPATIONAL THERAPIST
FOR EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE SERVING AS A
MEMBER OF THE ARMED FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and
who does not meet all of the training, education, and experience requirements for licensure
as an occupational therapist under N.J.A.C. 13:44K-2.1(a) may apply to the Council for
recognition of the applicant’s training, education, and/or experience received while serving
as a member of the Armed Forces, which the Council shall consider together with any
training, education, and/or experience obtained outside of the Armed Forces, for determining
substantial equivalence to the training, education, and experience required for licensure.
b) The Council shall issue a license as an occupational therapist to the applicant if the applicant
presents evidence to the Council that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, experience, and education the applicant has received in the
military, together with any training, education, and experience obtained outside of the
Armed Forces is substantially equivalent in scope and character to the training,
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experience, and education required for licensure as an occupational therapist under
N.J.A.C. 13:44K-2.1(a).
i) An applicant seeking credit for military training and experience shall submit to the
Council the applicant’s Verification of Military Experience and Training (VMET)
Document, DD Form 2586, or a successor form, as amended and supplemented.
ii) An applicant seeking credit for education courses and/or training completed while in
the military who does not hold a master’s degree or its equivalent in occupational
therapy from an accredited college or university approved by the Commission on
Higher Education or its successor shall submit to the Council a Joint Services
Transcript of his or her education/training received in the military for a determination
that the education courses completed are substantially equivalent in level, scope, and
intent to the educational requirements set forth in N.J.A.C. 13:44K-2.1(a). For the
purpose of determining substantial equivalence of the applicant’s military education
and/or training, the Council shall consider only those courses relevant to the practice
of occupational therapy that have been evaluated by the American Council on
Education for substantial equivalence to civilian postsecondary curricula.
iii) An applicant seeking credit for education courses completed while in the military who
does not hold a master’s degree or its equivalent in any field other than occupational
therapy from an accredited college or university approved by the Commission on
Higher Education or its successor or who has not fulfilled the academic requirements
of an educational program in occupational therapy accredited by the Accreditation
Council for Occupational Therapy Education of the American Occupational Therapy
Association, the World Federation of Occupational Therapy, or other nationally
recognized programmatic accrediting agency shall submit to the Council a Joint
Services Transcript of his or her education/training received in the military for a
determination that the education courses completed are substantially equivalent in
level, scope, and intent to the educational requirements set forth in N.J.A.C. 13:44K-
2.1(a). For the purpose of determining substantial equivalence of the applicant’s
military education or training, the Council shall consider only those courses relevant
to the practice of occupational therapy that have been evaluated by the American
Council on Education for substantial equivalence to civilian postsecondary curricula;
and
3)
The applicant complies with all other requirements for licensure, including successfully
passing the certification examination administered by the National Board for Certification
in Occupational Therapy (NBCOT), or its predecessors and/or its successors, as set forth
in N.J.A.C. 13:44K-2.1(a).
c) It is the applicant's responsibility to provide timely and complete evidence of the education,
training, and/or service gained in the military for review and consideration.
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d) If the applicant’s military training, education, or experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure as an occupational
therapist, the Director and Council shall credit whatever portion of the military training,
education, or experience that is substantially equivalent towards meeting the requirements
under N.J.A.C. 13:44K-2.1(a) for the issuance of the license as an occupational therapist.
e) Satisfactory evidence of such education, training, or experience shall be assessed on a
case-by-case basis.
13:44K-2.3 CREDIT TOWARDS LICENSURE AS AN OCCUPATIONAL THERAPY
ASSISTANT FOR EDUCATION, TRAINING, AND EXPERIENCE RECEIVED WHILE
SERVING AS A MEMBER OF THE ARMED FORCES
a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and
who does not meet all of the training, education, and experience requirements for licensure
as an occupational therapy assistant under N.J.A.C. 13:44K-2.1(b) may apply to the Council
for recognition of the applicant’s training, education, and/or experience received while
serving as a member of the Armed Forces, which the Council shall consider together with
any training, education, and/or experience obtained outside of the Armed Forces, for
determining substantial equivalence to the training, education, and experience required for
licensure.
b) The Council shall issue a license to the applicant if the applicant presents evidence to the
Council that:
1)
The applicant has been honorably discharged from active military service;
2)
The relevant training, experience, and education the applicant has received in the
military, together with any training, education, and experience obtained outside of the
Armed Forces is substantially equivalent in scope and character to the training,
experience, and education required for licensure as an occupational therapy assistant
under N.J.A.C. 13:44K-2.1(b).
i) An applicant seeking credit for military training and experience shall submit to the
Council the applicant’s Verification of Military Experience and Training (VMET)
Document, DD Form 2586, or a successor form, as amended and supplemented.
ii) An applicant seeking credit for education courses completed while in the military and
outside of the military who does not hold an associate’s degree or its equivalent in
occupational therapy from an accredited college or university approved by the
Commission on Higher Education or its successor shall submit to the Council a
transcript of his or her education for a determination that the education courses
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completed are substantially equivalent in level, scope, and intent to the educational
background under N.J.A.C. 13:44K-2.1(b). For the purpose of determining
substantial equivalence of the applicant’s military education or training, the Council
shall consider only those courses relevant to the practice of occupational therapy that
have been evaluated by the American Council on Education for substantial
equivalence to civilian postsecondary curricula.
iii) An applicant seeking credit for education courses completed while in the military and
outside of the military who does not hold an associate’s degree or its equivalent in
any field other than occupational therapy from an accredited college or university
approved by the Commission on Higher Education or its successor or who has not
fulfilled the academic requirements of an educational program in occupational
therapy accredited by the Accreditation Council for Occupational Therapy Education
of the American Occupational Therapy Association, the World Federation of
Occupational Therapy, or other nationally recognized programmatic accrediting
agency shall submit to the Council a Joint Services Transcript of his or her
education/training received in the military for a determination that the education
courses completed are substantially equivalent in level, scope, and intent to the
educational requirements set forth in N.J.A.C. 13:44K-2.1(b). For the purpose of
determining substantial equivalence of the applicant’s military education or training,
the Council shall consider only those courses relevant to the practice of occupational
therapy that have been evaluated by the American Council on Education for
substantial equivalence to civilian postsecondary curricula; and
3)
The applicant complies with all other requirements for licensure, including successfully
passing the certification examination administered by the National Board for Certification
in Occupational Therapy (NBCOT), or its predecessors, as set forth in N.J.A.C. 13:44K-
2.1(b).
c) It is the applicant's responsibility to provide timely and complete evidence of the education,
training, and/or service gained in the military for review and consideration.
d) If the applicant’s military training, education, or experience, or a portion thereof, is not
deemed to be substantially equivalent to that required for licensure as an occupational
therapy assistant, the Council shall credit whatever portion of the military training, education,
or experience that is substantially equivalent towards meeting the requirements of N.J.A.C.
13:44K-2.1(b) for the issuance of the license as an occupational therapy assistant.
e) Satisfactory evidence of such education, training, or experience shall be assessed on a
case-by-case basis.
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SUBCHAPT ER 3.
OCCUPATIONAL THERAPISTS AND OCCUPATIONAL T HERAPY
ASSISTANT S: LICENSING PROCEDURE
13:44K-3.1 LICENSING PROCEDURE: OCCUPATIONAL THERAPIST
a) An applicant for licensure as an occupational therapist shall submit the following to the
Council:
1)
A completed application form, which contains the following:
i) Documentation of the applicant's education, including official transcripts, which
indicate that the applicant received a master’s degree or its equivalent in
occupational therapy from an accredited college or university approved by the
Commission on Higher Education or its successor, which shall be forwarded to the
Council directly by the college or university. If the applicant has completed all
academic and administrative requirements necessary for the degree, but has not had
the degree conferred by the university or college, the applicant may apply for a
temporary license pursuant to N.J.A.C. 13:44K-4.1(b);
ii) If the applicant has received a master’s degree or its equivalent in any field other
than occupational therapy, documentation of the applicant's education, including
official transcripts, which indicate that the applicant has completed the academic
requirements of an educational program in occupational therapy accredited by the
Accreditation Council for Occupational Therapy Education of the American
Occupational Therapy Association (ACOTE), the World Federation of Occupational
Therapy (WFOT), or other nationally recognized programmatic accrediting agency,
which shall be forwarded to the Council directly by the educational program. If the
applicant has completed all academic and administrative requirements necessary for
completion of an educational program in occupational therapy, but has not had the
program certificate conferred by the educational institution, the applicant may apply
for a temporary license pursuant to N.J.A.C. 13:44K-4.1(b);
iii) If the applicant is a foreign-trained applicant who did not attend an education
program that was accredited by ACOTE or WFOT at the time of the applicant’s
graduation, documentation demonstrating that he or she has completed educational
and fieldwork requirements substantially equivalent to those in this State. To
demonstrate substantial equivalence to the education requirements, a foreign-trained
applicant shall provide the Council with a letter from the National Board of
Certification in Occupational Therapy (NBCOT) verifying that it has assessed the
applicant’s academic credentials and permitted the applicant to sit for the certification
examination for occupational therapist or occupational therapy assistants, as
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applicable. An applicant may request from NBCOT a credential evaluation letter at
http://www.nbcot.org.
iv) For applicants who, prior to January 1, 2007, successfully completed a bachelor’s
degree or its equivalent, documentation of the applicant’s education, including official
transcripts, which indicate that the applicant received:
(1) A bachelor’s degree or its equivalent in occupational therapy from an accredited
college or university approved by the Commission on Higher Education or its
successor; or
(2) A bachelor’s degree or its equivalent in any field other than occupational therapy
from an accredited college or university approved by the Commission on Higher
Education or its successor and have fulfilled the academic requirements of an
educational program in occupational therapy accredited by the Accreditation
Council for Occupational Therapy Education of the American Occupational
Therapy Association, the World Federation of Occupational Therapy or other
nationally recognized programmatic accrediting agency;
v) Documentation that the applicant has successfully completed at least 24 weeks of
supervised field-work experience, with a minimum of 720 hours, approved by the
educational institution at which the applicant completed the occupational therapy
education program in accordance with (a)1i or ii, or, if applicable, iv above, which
shall be submitted to the Council directly by the educational institution. The applicant
shall have completed the 24 weeks of supervised fieldwork experience within 24
months of completing the academic requirements of the educational institution;
vi) For applicants who have taken the certification examination prior to January 1, 2003,
a "Verification of Certification" letter from the National Board for Certification in
Occupational Therapy (NBCOT) indicating that the candidate has successfully
passed the certification examination for occupational therapists;
vii) For applicants who have taken the certification examination on or after January 1,
2003, a score transfer from NBCOT indicating that the candidate has successfully
passed the certification examination for occupational therapists;
viii) An applicant for initial licensure shall submit evidence of good moral character, as set
forth in (b) below, which shall be an ongoing requirement for licensure;
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ix) A "Verification of State License" form from any state in which the applicant is now or
has ever been licensed to practice as an occupational therapist which shall be
forwarded to the Council directly by the state in which the license is or was held; and
x) A certified verification of name change, if applicable;
2)
The application fee set forth in N.J.A.C. 13:44K-11.1;
3)
A two inch by two inch, recent head and shoulder photo of the applicant, certified by a
Notary Public, and signed by the applicant; and
4)
The applicant's name, address and fingerprints for purposes of a criminal history
background check to be conducted by the State of New Jersey pursuant to N.J.S.A. 45:1-
28 et seq., to determine whether criminal history record information exists, which may be
considered by the Council in determining whether the applicant shall be licensed in the
State.
b) In determining whether the applicant shall be licensed in the State, the Council shall
consider evidence, whether the applicant:
1)
Is presently engaged in drug or alcohol use that is likely to impair the ability to practice
occupational therapy with reasonable skill and safety. For purposes of this section, the
term "presently" means at the time of application or any time within the 365 days prior to
the time of application;
2)
Has been convicted of violating any law of this State or any other state of the United
States relating to controlled dangerous substances or other habit-forming drugs;
3)
Has been convicted of violating any law relating to the practice of occupational therapy
consistent with N.J.S.A. 45:1-21(f);
4)
Has been convicted of a crime involving moral turpitude; and/or
5)
Has had disciplinary action taken against his or her license by any licensing board.
(c) An applicant shall complete the New Jersey Jurisprudence Orientation.
13:44K-3.2 LICENSING PROCEDURE: OCCUPATIONAL THERAPY ASSISTANT
a) An applicant for licensure as an occupational therapy assistant shall submit the following to
the Council:
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1)
A completed application form, which contains the following:
i) Documentation of the applicant's education, including official transcripts, which
indicate that the applicant received an associate's degree or its equivalent in
occupational therapy from an accredited college or university approved by the
Commission on Higher Education or its successor, which shall be forwarded to the
Council directly by the college or university. If the applicant has completed all
academic and administrative requirements necessary for the degree, but has not had
the degree conferred by the university or college, the applicant may apply for a
temporary license pursuant to N.J.A.C. 13:44K-4.1(b);
ii) If the applicant has received an associate's degree or its equivalent in any field other
than occupational therapy, documentation, including official transcripts, which
indicate that the applicant has completed the academic requirements of an
educational program for occupational therapy assistants accredited by the
Accreditation Council for Occupational Therapy Education of the American
Occupational Therapy Association, the World Federation of Occupational Therapy or
other nationally recognized programmatic accrediting agency, which shall be
forwarded to the Council directly by the educational program. If the applicant has
completed all academic and administrative requirements necessary for completion of
an educational program in occupational therapy, but has not had the program
certificate conferred by the educational institution, the applicant may apply for a
temporary license pursuant to N.J.A.C. 13:44K-4.1(b);
iii) If the applicant is a foreign-trained applicant who did not attend an education
program that was accredited by the Accreditation Council for Occupational Therapy
Education (ACOTE) or the World Federation of Occupational Therapy (WFOT) at the
time of the applicant’s graduation, documentation demonstrating that he or she has
completed educational and fieldwork requirements substantially equivalent to those in
this State. To demonstrate substantial equivalence to the education requirements, a
foreign-trained applicant shall provide the Council with a letter from the National
Board of Certification in Occupational Therapy (NBCOT) verifying that it has
assessed the applicant’s academic credentials and permitted the applicant to sit for
the examination. An applicant may request from NBCOT a credential evaluation
letter at http://www.nbcot.org.
iv) Documentation that applicant has successfully completed at least 12 weeks of
supervised fieldwork experience, with a minimum of 360 hours, approved by the
educational institution at which the applicant completed the occupational therapy
education program in accordance with (a)1ii above, which shall be forwarded to the
Council directly by the educational institution. The applicant shall have completed the
12 weeks of supervised fieldwork experience within 12 months of completing the
academic requirements of the educational institution;
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v) For applicants who have taken the certification examination prior to January 1, 2003,
a "Verification of Certification" letter from the NBCOT indicating that the applicant has
successfully passed the certification examination for occupational therapy assistants;
vi) For applicants who have taken the certification examination on or after January 1,
2003, a score transfer from NBCOT indicating that the candidate has successfully
passed the certification examination for occupational therapy assistants;
vii) An applicant for initial licensure shall submit evidence of good moral character, as set
forth in (b) below, which shall be an ongoing requirement for licensure;
viii) A "Verification of State License" form from any state in which the applicant is now or
has ever been licensed to practice as an occupational therapy assistance, which
shall be forwarded to the Council directly by the state in which the license is or was
held; and
ix) A certified verification of name change, if applicable;
2)
The application fee set forth in N.J.A.C. 13:44K-11.1;
3)
One two inch by two inch, recent head and shoulder photo of the applicant, certified by a
Notary Public, and signed by the applicant; and
4)
The applicant's name, address and fingerprints for purposes of a criminal history
background check to be conducted by the State of New Jersey pursuant to N.J.S.A. 45:1-
28 et seq., to determine whether criminal history record information exists, which may be
considered by the Council in determining whether the applicant shall be licensed in the
State.
b) In determining whether the applicant shall be licensed in the State, the Council shall
consider evidence, which demonstrates that the applicant:
1)
Is presently engaged in drug or alcohol use that is likely to impair the ability to practice
occupational therapy with reasonable skill and safety. For purposes of this section, the
term "presently" means at the time of application or any time within the 365 days prior to
the time of application;
2)
Has been convicted of violating any law of this State or any other state of the United
States relating to controlled dangerous substances or other habit-forming drugs;
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3)
Has been convicted of violating any law relating to the practice of occupational therapy
consistent with N.J.S.A. 45:1-21(f);
4)
Has been convicted of a crime involving moral turpitude; and/or
5)
Has had disciplinary action taken against his or her license by any licensing board.
(c) An applicant shall complete the New Jersey Jurisprudence Orientation.
13:44K-3.3 LICENSURE BY RECIPROCITY
a) Upon receipt of a completed application, application fee, consent to a criminal history record
background check, and requisite fee for such a check, the Council shall issue a license as an
occupational therapist or occupational therapy assistant, as applicable, to any person who
documents that he or she holds a valid, current corresponding license in good standing
issued by another state, if:
1)
The Council determines that the state that issued the license has or had at the time of
issuance, education, training, and examination requirements for licensure substantially
equivalent to the current standards of this State;
2)
The applicant has been practicing as a licensed occupational therapist or occupational
therapy assistant, as applicable, or its equivalent in another state, for a period of at least
one year, and not less than 1,200 hours, within the five years prior to the date of
application; and
3)
The requirements of (c) below are satisfied.
b) Prior to the issuance of the license, the Council shall have received:
1)
Documentation reasonably satisfactory to the Council that the applicant’s license in each
state in which the applicant is licensed is in good standing;
2)
The results of a criminal history record background check of the files of the Criminal
Justice Information Services Division in the Federal Bureau of Investigation and the State
Bureau of Identification in the Division of State Police that do not disclose a conviction
for a disqualifying crime; and
3)
Designation of an agent in this State for service of process if the applicant is not a State
resident and does not have an office in this State.
c) For purposes of this section, “good standing” means that:
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1)
No action has been taken against the applicant’s license by any licensing board;
2)
No action adversely affecting the applicant’s privileges to practice occupational therapy
has been taken by any out-of-State institution, organization, or employer;
3)
No disciplinary proceeding is pending that could affect the applicant’s privileges to
practice occupational therapy;
4)
All fines levied by any out-of-State board have been paid; and
5)
There is no pending or final action by any criminal authority for violation of law or
regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the
laws of the United States, New Jersey, or any other state, including, but not limited to:
criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or
lewdness; or any offense involving any controlled dangerous substance or controlled
dangerous substance analog.
d) For purposes of this section, a “substantially equivalent” examination need not be identical to
the current examination requirements of this State, but such examination shall be nationally
recognized and of comparable scope and rigor.
e) If the education and examination requirements in the state in which the applicant is licensed
are not substantially equivalent to the Council’s current standards as required in (a) above,
the Council will consider an applicant’s individual experience to compensate for such
disparity. In making a determination whether an applicant’s experience would compensate
for such disparity in substantial equivalence in education or examination, the Council shall
consider the following:
1)
Length of the experience;
2)
Whether the experience was supervised by another individual;
3)
The applicant’s professional history;
4)
The applicant’s employment history; and
5)
The applicant’s education history.
f) Not later than six months after the issuance of a license, an applicant shall provide the
Council with evidence reasonably satisfactory to the Council verifying the applicant’s
education, training, and examination results.
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g) The Council, after the licensee has been given notice and an opportunity to be heard, may
revoke any license based on a license issued by another state obtained through fraud,
deception, or misrepresentation.
h) An applicant shall complete the New Jersey Jurisprudence Orientation.
i) The Council may grant a license without examination to an applicant seeking reciprocity who
holds a corresponding license from another state who does not meet the good standing
requirement of (a) above due to a pending action by a licensing board, a pending action by
an out-of-State institution, organization, or employer affecting the applicant’s privileges to
practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a
crime, provided the alleged conduct of the applicant that is the subject of the action,
proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to
practice occupational therapy; adversely affect the public health, safety, or welfare; result in
economic or physical harm to a person; or create a significant threat of such harm.
SUBCHAPT ER 4.
TEMPORARY LICENSES
13:44K-4.1 TEMPORARY LICENSE
a) A temporary license shall be available to an applicant for examination as an occupational
therapist or occupational therapy assistant with his or her initial application for examination.
The holder of a temporary license may practice only under the direct supervision of a
licensed occupational therapist.
b) A temporary license shall be available to an applicant for licensure as an occupational
therapist or an occupational therapy assistant who has completed all academic and
administrative requirements for a degree or certificate in occupational therapy but has not
had the degree or certificate conferred by the university or college, provided that the
applicant satisfies the requirements of (c) or (d) below.
c) An applicant for temporary licensure as an occupational therapist shall submit the following
to the Council:
1)
A completed application form, which contains the following:
i) Documentation of the applicant's education, including official transcripts, which
indicate that the applicant received a bachelor's degree or its equivalent in
occupational therapy from an accredited college or university approved by the
Commission on Higher Education or its successor, which shall be forwarded to the
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Council directly by the college or university. If the applicant has completed all
academic and administrative requirements necessary for the degree, but has not had
the degree conferred by the university or college, the applicant may submit a letter
from the director of the occupational therapy program, until the official transcript
becomes available, verifying that all requirements for the academic degree have
been completed;
ii) If the applicant has received a bachelor's degree or its equivalent in any field other
than occupational therapy, documentation, including official transcripts, which
indicate that the applicant has completed the academic requirements of an
educational program in occupational therapy accredited by the Accreditation Council
for Occupational Therapy Education of the American Occupational Therapy
Association, the World Federation of Occupational Therapy or other nationally
recognized programmatic accrediting agency, which shall be forwarded to the Council
directly by the educational program. If the applicant has completed all academic and
administrative requirements necessary for completion of an educational program in
occupational therapy, but has not had the program certificate conferred by the
educational institution, the applicant may submit a letter from the director of the
occupational therapy program, until the official transcript becomes available, verifying
that all requirements of the educational program have been completed;
iii) Documentation that the applicant has successfully completed at least 24 weeks of
supervised field-work experience, with a minimum of 720 hours, approved by the
educational institution at which the applicant completed the occupational therapy
education program in accordance with (b)1i or ii above, which shall be submitted to
the Council directly by the educational institution. The applicant shall have completed
the 24 weeks of supervised fieldwork experience within 24 months of completing the
academic requirements of the educational institution;
iv) A "Confirmation of Examination Registration and Eligibility to Examine Notice," sent
to the Council directly by the National Board for Certification in Occupational Therapy
(NBCOT) indicating that the applicant is eligible to sit for his or her initial examination
for licensure;
v) Evidence of good moral character, as set forth in (e) below, which shall be an
ongoing requirement for licensure;
vi) A "Verification of State License" form from any state in which the applicant is now or
has ever been licensed to practice as an occupational therapist, which shall be
forwarded to the Council by the state in which the license is or was held;
vii) A certified verification of name change, if applicable; and
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viii) An Initial Verification of Supervision form;
2)
The application fee set forth in N.J.A.C. 13:44K-11.1;
3)
One two inch by two inch, recent head and shoulder photo of the applicant, certified by a
Notary Public, and signed by the applicant; and
4)
The applicant's name, address and fingerprints for purposes of a criminal history
background check to be conducted by the State of New Jersey pursuant to N.J.S.A. 45:1-
28 et seq., to determine whether criminal history record information exists, which may be
considered by the Council in determining whether the applicant shall be licensed in the
State.
d) An applicant for temporary licensure as an occupational therapy assistant shall submit the
following to the Council:
1)
A completed application form, which contains the following:
i) Documentation of the applicant's education, including official transcripts, which
indicate that the applicant received an associate's degree or its equivalent in
occupational therapy from an accredited college or university approved by the
Commission on Higher Education or its successor, which shall be forwarded to the
Council directly by the college or university. If the applicant has completed all
academic and administrative requirements necessary for the degree, but has not had
the degree conferred by the university or college, the applicant may submit a letter
from the director of the occupational therapy program, until the official transcript
becomes available, verifying that all requirements of the educational program have
been completed;
ii) If the applicant has received an associate's degree or its equivalent in any field other
than occupational therapy, documentation, including official transcripts, which
indicate that the applicant has completed the academic requirements of an
educational program in occupational therapy accredited by the Accreditation Council
for Occupational Therapy Education of the American Occupational Therapy
Association, the World Federation of Occupational Therapy or other nationally
recognized programmatic accrediting agency, which shall be forwarded to the Council
directly by the educational program. If the applicant has completed all academic and
administrative requirements necessary for completion of an educational program in
occupational therapy, but has not had the program certificate conferred by the
educational institution, the applicant may submit a letter from the director of the
occupational therapy program, until the official transcript becomes available, verifying
that all requirements of the educational program have been completed;
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iii) Documentation that the applicant has successfully completed at least 12 weeks of
supervised field-work experience, with a minimum of 360 hours, approved by the
educational institution at which the applicant completed the occupational therapy
education program in accordance with (c)1ii above, which shall be forwarded to the
Council directly by the educational institution. The applicant shall have completed the
12 weeks of supervised fieldwork experience within 12 months of completing the
academic requirements of the educational institution;
iv) A "Confirmation of Examination Registration and Eligibility to Examine Notice," sent
to the Council directly by the National Board for Certification in Occupational Therapy
(NBCOT) indicating that the candidate is eligible to sit for his or her initial
examination for licensure;
v) Evidence of good moral character, as set forth in (e) below, which shall be an
ongoing requirement for licensure;
vi) A "Verification of State License" form from any state in which the applicant is now or
has ever been licensed to practice as an occupational therapist, which shall be
forwarded to the Council by the state in which the license is or was held;
vii) A certified verification of name change, if applicable; and
viii) An Initial Verification of Supervision form;
2)
The application fee set forth in N.J.A.C. 13:44K-11.1;
3)
One two inch by two inch, recent head and shoulder photo of the applicant, certified by a
Notary Public, and signed by the applicant; and
4)
The applicant's name, address and fingerprints for purposes of a criminal history
background check to be conducted by the State of New Jersey pursuant to N.J.S.A. 45:1-
28 et seq., to determine whether criminal history record information exists, which shall be
considered by the Council in determining whether the applicant shall be licensed in the
State.
e) In determining whether the applicant shall be licensed in this State, the Council shall
consider evidence, which demonstrates that the applicant:
1)
Is presently engaged in drug or alcohol use that is likely to impair the ability to practice
occupational therapy with reasonable skill and safety. For purposes of this section, the
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term "presently" means at the time of application or any time within the 365 days prior to
the time of application;
2)
Has been convicted of violating any law of this State or any other state relating to
controlled dangerous substances or other habit-forming drugs;
3)
Has been convicted of violating any law relating to the practice of occupational therapy or
occupational therapy assisting consistent with N.J.S.A. 45:1-21(f);
4)
Has been convicted of a crime involving moral turpitude; and/or
5)
Has had disciplinary action taken against his or her license by any licensing board.
f) An applicant for temporary licensure shall complete the New Jersey Jurisprudence
Orientation.
13:44K-4.2 EXPIRATION OF TEMPORARY LICENSE; RENEWAL OF TEMPORARY
LICENSE
a) A temporary license holder shall take the licensure examination within 90 days of the date of
issuance of his or her temporary license. Failure to take the examination within 90 days shall
constitute a failure of the examination and the temporary license shall automatically expire. A
temporary license holder may, however, apply to the Council for renewal of the temporary
license as provided in (c) below. A temporary license holder shall take the licensure
examination within 180 days of the date of issuance of the renewal.
b) Except as provided under (d) below, a temporary license shall expire automatically upon the
temporary license holder being notified of failure of the licensure examination. Upon
notification of failure of the initial examination, a temporary license holder may apply to the
Council for renewal of the temporary license as provided in (c) below.
c) A temporary license shall be renewable one time only. A temporary license holder seeking
renewal of a temporary license shall submit a written request for renewal to the Council,
within 10 business days of the expiration of the temporary license, certifying that he or she
has requested a "Confirmation of Examination Registration and Eligibility to Examine Notice"
from the National Board for Certification in Occupational Therapy (NBCOT), which shall be
sent directly to the Council from NBCOT. The temporary license holder shall also submit the
renewal fee set forth in N.J.A.C. 13:44K-11.1.
d) If a temporary license holder has complied with the renewal procedure set forth in (c) above,
until the renewed temporary license is issued by the Council but in no case for a period
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exceeding 30 calendar days, the original temporary license shall remain valid and the
temporary license holder shall not be deemed practicing without a license.
e) A temporary license, which has been renewed pursuant to (c) above shall automatically
expire upon notification to the temporary license holder from NBCOT that he or she has
failed the licensure examination for the second time or upon the temporary license holder's
failure to take the licensure examination for the second time within 180 days of the date of
issuance of the renewal. The temporary license holder shall immediately cease practice and
surrender the temporary license to the Council upon such notification or upon expiration of
the 180 days. Failure to cease practicing shall be deemed professional misconduct and the
unlicensed practice of occupational therapy and may subject a licensee to the penalties set
forth in N.J.S.A. 45:1-21 et seq.
f) A temporary license shall expire within 180 days of the temporary license holder's receipt of
notification from NBCOT that he or she has passed the licensure examination. The
temporary license holder shall cease practicing under the temporary license no later than
180 days after receiving the NBCOT notification. The temporary license holder shall submit
all documentation required for licensure as provided in N.J.A.C. 13:44K-2.1, and shall
surrender the temporary license to the Council within 180 days of NBCOT notification.
Failure to cease practicing shall be deemed professional misconduct and the unlicensed
practice of occupational therapy and may subject a licensee to the penalties set forth in
N.J.S.A. 45:1-21 et seq.
g) A temporary license issued pursuant to N.J.A.C. 13:44K-4.1(b) to an applicant for licensure
who has completed the academic and administrative requirements necessary for an
occupational therapy degree or certificate, but who has not had the degree or certificate
conferred, shall be valid for 180 days from the date of issuance. The temporary license
holder shall cease practicing under the temporary license no later than 180 days after the
date the license is issued. The temporary license holder shall submit an official transcript of
his or her education to complete his or her licensure application, as provided in N.J.A.C.
13:44K-2.1, and shall surrender the temporary license to the Council within 180 days of the
date of issuance. Failure to cease practicing shall be deemed professional misconduct and
the unlicensed practice of occupational therapy and may subject a licensee to the penalties
set forth in N.J.S.A. 45:1-21 et seq.
SUBCHAPT ER 5.
SCOPE OF PRACTICE
13:44K-5.1 SCOPE OF PRACTICE OF A LICENSED OCCUPATIONAL THERAPIST
a) The scope of practice of a licensed occupational therapist shall include:
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1)
The provision of direct, indirect and/or consultative services to a client affected by
physical, psycho-social, cognitive, congenital and/or developmental disorders or the
aging process, to improve and/or prevent loss of physical or mental functioning and to
promote wellness;
2)
The administration of standardized and/or non-standardized assessments and/or the
observation of a client and the environment to identify areas of functional abilities or
deficits. Areas, which may be assessed shall include the performance of activities of
daily living, including recreation, leisure or work related skills, which are affected by
sensory, motor, developmental, perceptual, cognitive and/ or psycho-social abilities;
3)
The interpretation of the results of the assessment process described in (a)2 above, to
determine the need for an intervention plan for the client. Such a plan shall be developed
and administered by the occupational therapist in collaboration with the client, the client's
family and related medical, health, educational or social agencies or professionals;
4)
The development and utilization of, and education and training in, purposeful, task-
oriented activities for the client to improve, restore and/or maintain optimal performance
of life skills, roles and functions including work, recreation, leisure skills and activities of
daily living;
5)
The design, fabrication, application and/or selection of adaptive equipment, prosthetics
and/or orthotic devices, except dental devices;
6)
Consultation concerning the adaptation of physical environments; and
7)
The utilization of physical agent modalities, consistent with N.J.A.C. 13:44K-5.4, as an
adjunct to, or in preparation for, purposeful activities to enhance occupational
performance with which the licensee is familiar as a result of training and experience.
13:44K-5.2 SCOPE OF PRACTICE OF A LICENSED OCCUPATIONAL THERAPY
ASSISTANT
a) The scope of practice of a licensed occupational therapy assistant, working under the
supervision of a licensed occupational therapist as provided in N.J.A.C. 13:44K-6.1, shall
include:
1)
The provision of direct, indirect and/or consultative services to a client affected by
physical, psycho-social, cognitive, congenital and/or developmental disorders or the
aging process, to improve and/or prevent loss of physical or mental functioning and to
promote wellness;
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2)
The administration of standardized and/or non-standardized assessments and/or the
observation of a client and the environment to assist in the identification of functional
abilities or deficits. Areas, which may be assessed shall include the performance of
activities of daily living, including recreation, leisure or work related skills which are
affected by sensory, motor, developmental, perceptual, cognitive and/or psycho-social
abilities;
3)
Assisting in the development and implementation of an intervention plan for the client;
4)
The development and utilization of, and education and training in, purposeful, task-
oriented activities for the client to improve, restore and/or maintain optimal performance
of life skills, roles and functions including work, recreation, leisure skills and the activities
of daily living;
5)
The design, fabrication, application and/or selection of adaptive equipment, prosthetics
and/or orthotic devices, except dental devices;
6)
Consultation concerning the adaptation of physical environments; and
7)
The utilization of physical agent modalities, consistent with N.J.A.C. 13:44K-5.4, as an
adjunct to, or in preparation for, purposeful activity to enhance occupational performance
with which the licensee is familiar as a result of training and experience.
13:44K-5.3 DELEGATION OF OCCUPATIONAL THERAPY SERVICES
a) A licensed occupational therapist may delegate selected occupational therapy services to
licensed occupational therapy assistants, temporary licensed occupational therapists,
temporary licensed occupational therapy assistants and to occupational therapy students
fulfilling the required fieldwork component of their educational training, provided the services
are within the scope of practice of the individual to whom they are delegated.
b) In delegating selected occupational therapy services, the licensed occupational therapist
shall be responsible for exercising that degree of judgment and knowledge reasonably
expected to assure that a proper delegation has been made. A licensed occupational
therapist shall not delegate the performance of an occupational therapy service to persons
who have not been adequately prepared by verified training and education. No task may be
delegated which is within the scope of practice of the occupational therapist and requires:
1)
The substantial knowledge and skill derived from completion of an occupational therapy
education program and the specialized skill, judgment and knowledge of a licensed
occupational therapist; and
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2)
An understanding of occupational therapy principles necessary to recognize and manage
complications which may result in harm to the health and safety of the client.
c) The licensed occupational therapist shall be responsible for the proper supervision of
persons to whom delegation of occupational therapy services is made. Such supervision
shall be close, routine, or general supervision. The degree of supervision exercised over
such persons shall be determined by the licensed occupational therapist consistent with the
requirements set forth in N.J.A.C. 13:44K-6.3 and based on an evaluation of:
1)
The condition of the client;
2)
The education, skill and training of the person to whom delegation is being made; and
3)
The nature of the tasks and the activities being delegated.
d) When occupational therapy services are delegated pursuant to the provisions of (a), (b) and
(c) above, the supervising occupational therapist shall retain responsibility for all
occupational therapy care of the client.
13:44K-5.4 USE OF PHYSICAL AGENT MODALITIES BY A LICENSED
OCCUPATIONAL THERAPIST; DELEGATION TO LICENSED OCCUPATIONAL
THERAPY ASSISTANT
a) A licensed occupational therapist may use physical agent modalities as set forth in this
section for the purpose of enhancing the functional performance of a client. For purposes of
this section, "physical agent modalities" shall mean those modalities that produce a
biophysical response through the use of light, water, temperature, sound, electricity or
mechanical devices.
b) A licensed occupational therapist may use superficial thermal agents, such as
hydrotherapy/whirlpool, cryotherapy (cold packs, ice), fluidotherapy, hot packs, paraffin,
water, infrared light and other commercially available heating and cooling technologies and
mechanical devices, such as vaso-pneumatic and continuous passive motion devices.
c) A licensed occupational therapist shall demonstrate competency, as provided in (e) or (f)
below, prior to using any of the following advanced physical agent modalities: diathermy;
high-voltage galvanic stimulation; micro current stimulation; transcutaneous electrical nerve
stimulation; neuromuscular electrical stimulation; iontophoresis; therapeutic ultrasound;
phonophoresis; and cold lasers.
d) A provider of a training course in the use of advanced physical agent modalities may obtain
Council approval of the course upon submission of documentation verifying that the course
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satisfies the requirements set forth in (e) below. Council approval for a training course shall
be valid for one year. Resubmission of course documentation shall be required for renewal
of course approval and whenever a provider changes the course content of an approved
training course.
e) A licensed occupational therapist may use advanced physical agent modalities if he or she
has completed a Council-approved training course, which meets the following requirements:
1)
The training course shall include at least 30 hours of didactic instruction. For purposes of
this subsection, "didactic instruction" means live, in-person instruction and may include
interactive telephonic or electronic instruction, but shall not include videotaped or
audiotaped instruction. The training course shall include:
i) Four hours of training in the use of heat wave physical agent modalities;
ii) Sixteen hours of training in the use of electric wave physical agent modalities;
iii) Six hours of training in the use of sound wave physical agent modalities; and
iv) Four hours of training in the use of light wave physical agent modalities;
2)
The training course shall include instruction in the following:
i) Principles of physics related to specific properties of light, water, temperature, sound
or electricity, as indicated by each modality;
ii) Physiological, neurophysiological and electrophysiological changes, as indicated,
which occur as a result of the application of each modality;
iii) The response of normal and abnormal tissue to the application of each modality;
iv) Indications or contraindications related to the selection and application of each
modality;
v) Guidelines for educating clients, including instructing about the process and possible
outcomes of treatment, including risks and benefits;
vi) Safety rules and precautions related to each modality;
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vii) Methods of documenting the effectiveness of the immediate and long-term effects of
treatment;
viii) Characteristics of the equipment, including safe operation, adjustment and care of
the equipment; and
ix) Hands-on application of each modality by each course participant. Such instruction
shall be provided in-person. Interactive telephonic or electronic instruction in the
application of modalities shall not be permitted; and
3)
The primary instructor of the course shall be a licensed occupational therapist, a licensed
physical therapist, a licensed physical therapist assistant or a licensed physician.
f) A licensed occupational therapist may use advanced physical agent modalities if he or she
holds a current certification from the Hand Therapy Certification Commission or any other
national organization that utilizes substantially similar certification standards.
g) A licensed occupational therapist shall retain documentation relating to his or her training in
the use of advanced physical agent modalities pursuant to (e) or (f) above and shall make
such documentation available to the Council upon request. The documentation shall include,
if applicable:
1)
The name and address of the person or organization presenting the program, workshop
or seminar;
2)
The name and address of the facility where the program, workshop or seminar was
presented;
3)
A copy of the program, workshop or seminar syllabus, which includes a detailed
description of the learning objectives and teaching methods employed in the course and
the qualifications of the instructor(s); and
4)
A certificate of completion from the program, workshop or seminar sponsor.
h) A licensed occupational therapist may apply to the Council for approval of a course in the
use of advanced physical agent modalities that has not been pre-approved by the Council.
The licensee shall submit the documentation set forth in (g) above to the Council for review.
i) A licensed occupational therapist may delegate the application of the superficial thermal
agent and mechanical device modalities set forth in (b) above to a licensed occupational
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therapy assistant consistent with the requirements of N.J.A.C. 13:44K-5.3. Delegation of the
application of such modalities to anyone other than a licensed occupational therapy assistant
shall be deemed professional misconduct and may subject a licensee to the penalties set
forth in N.J.S.A. 45:1-21 et seq.
j) A licensed occupational therapist may delegate the application of the advanced physical
agent modalities set forth in (c) above to a licensed occupational therapy assistant
consistent with the requirements of N.J.A.C. 13:44K-5.5. Delegation of advanced physical
agent modalities to anyone other than a licensed occupational therapy assistant who has
satisfied the requirements of N.J.A.C. 13:44K-5.5 shall be deemed professional misconduct
and may subject a licensee to the penalties set forth in N.J.S.A. 45:1-21 et seq.
k) A licensed occupational therapist who uses the advanced physical agent modalities set forth
in (c) above without having satisfied the requirements set forth in (e) or (f) above shall be
deemed to have engaged in professional misconduct and may be subject to the penalties set
forth in N.J.S.A. 45:1-21 et seq.
l) Notwithstanding the fact that a licensed occupational therapist is permitted to use advanced
physical agent modalities because he or she has satisfied the training requirements of this
section, a licensed occupational therapist shall not use a specific physical agent modality
device that he or she has not been trained to use until he or she is familiar with the device's
proper use and contraindications. Failure to comply with this section shall be deemed
professional misconduct and may subject a licensed occupational therapist to the penalties
set forth in N.J.S.A. 45:1-21 et seq.
13:44K-5.5 USE OF PHYSICAL AGENT MODALITIES BY A LICENSED
OCCUPATIONAL THERAPY ASSISTANT; SUPERVISOR RESPONSIBILITIES
a) A licensed occupational therapy assistant may use the superficial thermal agent and
mechanical device modalities set forth in N.J.A.C. 13:44K-5.4(b) under the supervision of a
licensed occupational therapist consistent with the requirements of N.J.A.C. 13:44K-5.4.
b) A licensed occupational therapy assistant may use the advanced physical agent modalities
set forth in N.J.A.C. 13:44K-5.4(c) under the supervision of a licensed occupational therapist
consistent with the requirements of this section.
c) Prior to using advanced physical agent modalities, a licensed occupational therapy assistant
shall have completed a training course that meets the requirements set forth in N.J.A.C.
13:44K-5.4(e).
d) A licensed occupational therapy assistant shall use advanced physical agent modalities only
under the supervision of a licensed occupational therapist who has:
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1)
Met the experience requirements of N.J.A.C. 13:44K-6.2(a); and
2)
Completed a training course that meets the requirements of N.J.A.C. 13:44K-5.4(e) or
who holds a current certification from the Hand Therapy Certification Commission or any
other national organization that utilizes substantially similar certification standards
consistent with the requirements of N.J.A.C. 13:44K-5.4(f).
e) A licensed occupational therapist shall supervise the use of advanced physical agent
modalities by a licensed occupational therapy assistant consistent with the following:
1)
The supervising occupational therapist shall provide close supervision, as defined in
N.J.A.C. 13:44K-1.2, of the licensed occupational therapy assistant, during which time
the occupational therapist shall directly observe the occupational therapy assistant's
application of each type of modality in a patient treatment setting no fewer than five
times. Documentation of such supervision shall be maintained by the supervising
occupational therapist consistent with the requirements of N.J.A.C. 13:44K-6.2(e) and by
the licensed occupational therapy assistant consistent with the requirements of N.J.A.C.
13:44K-6.5(c);
2)
Following the five instances of direct observation of the licensed occupational therapy
assistant's application of a particular type of modality, the supervising occupational
therapist shall determine the level of supervision required of the occupational therapy
assistant, consistent with the requirements of N.J.A.C. 13:44K-6.3(b).
i) Notwithstanding (e)2 above, the occupational therapist shall continue to provide close
supervision for any occupational therapy assistant who has been engaged in the
practice of occupational therapy services for less than one year on a full-time basis,
consistent with the requirements of N.J.A.C. 13:44K-6.3(b); and
3)
The supervising occupational therapist shall satisfy all supervisor responsibilities set
forth in N.J.A.C. 13:44K-6.2 and 6.3 and/or 6.4, as applicable.
f) A supervising occupational therapist shall not delegate the close supervision of an
occupational therapy assistant's use of advanced physical agent modalities, including the
direct observation of the occupational therapy assistant's application of the modalities, to
anyone other than a licensed occupational therapist who has met the requirements of (d) and
(e) above.
g) A licensed occupational therapy assistant shall retain documentation relating to his or her
completion of the training course and shall make such documentation available to the
Council upon request. The documentation shall include, if applicable:
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1)
The name and address of the person or organization presenting the course;
2)
The name and address of the facility where the course was presented;
3)
A copy of the course syllabus, which includes a detailed description of the learning
objectives and teaching methods employed in the course and the qualifications of the
instructor(s); and
4)
A certificate of completion from the course sponsor.
h) A licensed occupational therapy assistant may apply to the Council for approval of a course
in the use of advanced physical agent modalities that has not been pre-approved by the
Council. The licensee shall submit the documentation set forth in (g) above to the Council for
review.
i) A licensed occupational therapy assistant who uses advanced physical agent modalities
without having satisfied the requirements of this section shall be deemed to have engaged in
professional misconduct and may be subject to the penalties set forth in N.J.S.A. 45:1-21 et
seq.
j) Notwithstanding the fact that a licensed occupational therapy assistant is permitted to use
advanced physical agent modalities because he or she has satisfied the training
requirements of this section, a licensed occupational therapy assistant shall not use a
specific advanced physical agent modality that he or she has not been trained to use until he
or she is familiar with the device's proper use and contraindications, and until he or she has
been directly observed under close supervision by a supervising occupational therapist in the
application of the modality at least five times in a patient treatment setting. Following such
direct observation, the licensed occupational therapy assistant may use the modality under
the supervision of a licensed occupational therapist consistent with the requirements of (e)2
above. Failure to comply with this section shall be deemed professional misconduct and may
subject a licensed occupational therapy assistant to the penalties set forth in N.J.S.A. 45:1-
21 et seq.
SUBCHAPT ER 6.
SUPERVISION
13:44K-6.1 SUPERVISION REQUIREMENT
a) A licensed occupational therapy assistant or temporary licensed occupational therapist shall
provide occupational therapy services only under the supervision of a licensed occupational
therapist pursuant to the provisions of this subchapter.
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b) A temporary licensed occupational therapy assistant shall work only under the supervision of
a licensed occupational therapist, or a licensed occupational therapy assistant who has been
delegated supervisory responsibilities pursuant to N.J.A.C. 13:44K-6.6, pursuant to the
provisions of this subchapter.
c) The supervising occupational therapist shall retain responsibility for the occupational therapy
care of the client being treated by the licensed occupational therapy assistant, a temporary
licensed occupational therapist, or a temporary licensed occupational therapy assistant.
d) In the event of a change of the supervising occupational therapist, the subsequent
supervisor shall assume responsibility for the ongoing supervision of any occupational
therapy assistant(s), temporary licensed occupational therapist(s), or temporary licensed
occupational therapy assistant(s) providing care to a client and shall become the designated
supervisor.
13:44K-6.2 DESIGNATED SUPERVISOR: GENERAL QUALIFICATIONS AND
RESPONSIBILITIES
a) Prior to supervising any person engaged in the practice of occupational therapy services, a
licensed occupational therapist shall have at least 1,200 hours of work experience obtained
in no less than one year and within three consecutive years of practice.
b) A licensed occupational therapist shall not supervise more than five licensees, including
occupational therapy assistants, temporary licensed occupational therapists or temporary
licensed occupational therapy assistants.
c) A licensed occupational therapist may supervise five occupational therapy students who are
fulfilling the required fieldwork component of their educational training.
d) Notwithstanding the provisions of (b) and (c) above, a licensed occupational therapist shall
not supervise more than seven persons at one time.
e) A designated supervisor shall maintain a written plan of supervision that shall include
evidence of the ongoing supervision of each occupational therapy assistant and temporary
licensee for whom the supervisor is responsible.
13:44K-6.3 RESPONSIBILITIES OF A DESIGNATED SUPERVISOR: OCCUPATIONAL
THERAPY ASSISTANT
a) A designated supervisor shall be responsible for the close, routine, or general supervision of
an occupational therapy assistant.
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b) A designated supervisor shall determine the level of supervision required of each
occupational therapy assistant consistent with the condition of the client, the education, skill,
and training of the occupational therapy assistant, and the nature of the tasks and activities
to be performed by the occupational therapy assistant; provided, however, that a designated
supervisor shall provide close supervision for any occupational therapy assistant who has
been engaged in the practice of occupational therapy services for less than one year on a
full-time basis.
1)
For purposes of this subsection, “full-time basis” means 1,200 hours of practice. No more
than 30 hours of practice shall be obtained in any one week.
c) When providing routine or general supervision of an occupational therapy assistant, a
designated supervisor may also provide interim supervision of the occupational therapy
assistant through telephonic or written communications, including reports and/or
conferences, between the supervisor and the occupational therapy assistant.
d) A designated supervisor who is unavailable to provide occupational therapy assistants with
either routine or general supervision as required in (a), (b), or (c) above, for two or more
contact periods, shall arrange for substitute supervision by a licensed occupational therapist,
who shall follow the established plan of supervision.
e) A designated supervisor who is unable to provide occupational therapy assistants with close
supervision as required in (b) above, for more than one day, shall arrange for substitute
supervision by a licensed occupational therapist, who shall follow the established plan of
supervision.
13:44K-6.4 RESPONSIBILITIES OF A DESIGNATED SUPERVISOR: TEMPORARY
LICENSE HOLDER
a) A designated supervisor shall be responsible for the close supervision of a temporary license
holder.
b) A designated supervisor who is unavailable to provide a temporary license holder with
supervision as required by (a) above, for more than one day, shall arrange for substitute
supervision by a licensed occupational therapist, who shall follow the established plan of
supervision.
13:44K-6.5 RESPONSIBILITIES OF AN OCCUPATIONAL THERAPY ASSISTANT AND
TEMPORARY LICENSE HOLDER
a) An occupational therapy assistant, a temporary licensed occupational therapist, or a
temporary licensed occupational therapy assistant shall not render nor continue to render
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client care unless he or she has obtained ongoing direction from his or her designated
supervisor.
b) An occupational therapy assistant, a temporary licensed occupational therapist, and a
temporary licensed occupational therapist assistant shall each be responsible for clients
within the limits of his or her respective scope of practice pursuant to N.J.A.C. 13:44K-5.1 or
5.2, as applicable.
c) An occupational therapy assistant, a temporary licensed occupational therapist, and a
temporary licensed occupational therapist assistant shall maintain a record of supervision,
which shall include the name and license number of his or her designated supervisor, the
date when the occupational therapy assistant or temporary licensee received supervision,
and the type of supervision that was provided.
13:44K-6.6 DELEGATION OF SUPERVISION RESPONSIBILITIES
a) A designated supervisor providing close supervision of an occupational therapy assistant, a
temporary licensed occupational therapy assistant or an occupational therapy student, may
delegate his or her supervisory responsibility for the daily, face-to-face contact with and
frequent observation of the performance of the occupational therapy assistant, the temporary
licensed occupational therapy assistant or the occupational therapy student, to an
occupational therapy assistant who, in the professional judgment of the supervising
occupational therapist, has been adequately prepared by verified training and education in
the provision of occupational therapy services consistent with the requirements set forth at
N.J.A.C. 13:44K-2.1.
b) Notwithstanding the provisions of (a) above, no designated supervisor shall delegate his or
her responsibilities for close supervision of an occupational therapy assistant to an
occupational therapy assistant who has less than 3,600 hours of work experience obtained
within a five year period in the particular practice area in which services are being provided.
c) A licensed occupational therapy assistant who has been delegated supervision
responsibilities pursuant to (a) and (b) above, shall not supervise more than three persons at
one time.
d) Notwithstanding the provisions of (a), (b) and (c) above, a licensed occupational therapist
shall not supervise more than seven persons at one time, pursuant to the provisions of
N.J.A.C. 13:44K-6.2.
e) When supervision of an occupational therapy assistant, a temporary licensed occupational
therapy assistant or an occupational therapy student is delegated pursuant to the provisions
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of (a), (b), (c) and (d) above, the supervising occupational therapist shall retain responsibility
for all occupational therapy care of the client.
SUBCHAPT ER 7.
TELEMEDICINE AND TEL EHEALT H
13:44K-7.1 PURPOSE AND SCOPE
a) The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 117 (N.J.S.A.
45:1-61 et seq.), which authorizes healthcare providers to engage in telemedicine and
telehealth.
b) This subchapter shall apply to all persons who are licensed by the Council.
c) Pursuant to N.J.S.A. 45:1-62, an occupational therapist, occupational therapy assistant,
temporary occupational therapist, or temporary licensed occupational therapy assistant must
hold a license issued by the Council, if he or she:
1)
Is located in New Jersey and provides occupational therapy services to any client located
in or out of New Jersey by means of telemedicine or telehealth; or
2)
Is located outside of New Jersey and provides occupational therapy services to any
client located in New Jersey by means of telemedicine or telehealth.
d) Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another
state who consults with a licensee in New Jersey through the use of information and
communications technologies, but does not direct client care, will not be considered as
providing health care services to a client in New Jersey consistent with N.J.S.A. 45:37-51, et
seq., and will not be required to obtain licensure in New Jersey in order to provide such
consultation.
13:44K-7.2 DEFINITIONS
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
"Asynchronous store-and-forward" means the acquisition and transmission of images,
diagnostics, data, and medical information either to or from an originating site or to or from
the licensee at a distant site, which allows for the client to be evaluated without being
physically present.
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"Council" means the Occupational Therapy Advisory Council.
"Cross-coverage" means a licensee engages in a remote occupational therapy
evaluation of a client, without in-person contact, at the request of another licensee who has
established a proper licensee-client relationship with the client.
"Distant site" means a site at which a licensee is located while providing occupational
therapy services by means of telemedicine or telehealth.
"Licensee" means an individual licensed by the Council.
"On-call" means a licensee is available, where necessary, to physically attend to the
urgent and follow-up needs of a client for whom the licensee has temporarily assumed
responsibility, as designated by the client's primary care licensed occupational therapist or
other health care provider of record.
"Originating site" means a site at which a client is located at the time that occupational
therapy services are provided to the client by means of telemedicine or telehealth.
"Proper licensee-client relationship" means an association between a licensee and client,
wherein the occupational therapist or occupational therapy assistant owes a duty to the
client to be available to render professional services consistent with his or her training and
experience, which is established pursuant to the requirements at N.J.A.C. 13:44K-7.4.
"Telehealth" means the use of information and communications technologies, including
telephones, remote client monitoring devices, or other electronic means, to support clinical
health care, provider consultation, client and professional health-related education, public
[page=158] health, health administration, and other services in accordance with the
provisions of P.L. 2017, c. 117 (N.J.S.A.45:1-61 et seq.).
"Telemedicine" means the delivery of a health care service, including supportive mental
health services, using electronic communications, information technology, or other electronic
or technological means to bridge the gap between a health care licensee who is located at a
distant site and a client who is located at an originating site, either with or without the
assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c.
117 (N.J.S.A. 45:1-61 et seq.). "Telemedicine" does not include the use, in isolation, of
audio-only telephone conversation, electronic mail, instant messaging, phone text, or
facsimile transmission.
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13:44K-7.3 STANDARD OF CARE
a) Prior to providing services through telemedicine or telehealth, a licensee shall determine
whether providing those services through telemedicine or telehealth would be consistent with
the standard of care applicable for those services when provided in-person.
b) If a licensee determines, either before or during the provision of occupational therapy
services, that services cannot be provided through telemedicine or telehealth in a manner
that is consistent with in-person standards of care, the licensee shall not provide or
supervise services through telemedicine or telehealth.
1)
An occupational therapy assistant or any licensee working under supervision shall be
responsible for determining whether occupational therapy services can be provided
through telemedicine or telehealth in a manner that is consistent with in-person
standards of care.
c) A licensee who determines that services cannot be provided through telemedicine or
telehealth pursuant to (b) above shall advise the client to obtain services in-person.
d) A licensee who provides a treatment, or consultation recommendation, including discussions
regarding the risk and benefits of a client's treatment options, through telemedicine or
telehealth, shall be held to the same standard of care or practice standards as are applicable
to in-person settings.
13:44K-7.4 LICENSEE-CLIENT RELATIONSHIP
a) Prior to providing services through telemedicine or telehealth, a licensee shall establish a
licensee-client relationship by:
1)
Identifying the client with, at a minimum, the client's name, date of birth, phone number,
and address. A licensee may also use a client's assigned identification number, Social
Security number, photo, health insurance policy number, or other identifier associated
directly with the client; and
2)
Disclosing and validating the licensed occupational therapist or occupational therapy
assistant's identity, license, title, and, if applicable, specialty and board certifications.
b) Prior to initiating contact with a client for the purpose of providing services to the client using
telemedicine or telehealth, a licensee shall:
1)
Review the client's medical history, any available medical records, and any other relevant
client records including, but not limited to, educational, vocational, or social records;
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2)
Determine as to each unique client encounter whether he or she will be able to provide
the same standard of care using telemedicine or telehealth as would be provided if the
services were provided in-person; and
3)
Provide the client the opportunity to sign a consent form that authorizes the licensee to
release client records of the encounter to the client's primary care licensee or other
health care provider identified by the client.
c) Notwithstanding (a) and (b) above, occupational therapy services may be provided through
telemedicine or telehealth without a proper licensee-client relationship if the provision of
occupational therapy services is:
1)
For informal consultations with another health care provider performed by a licensee
outside the context of a contractual relationship, or on an irregular or infrequent basis,
without the expectation or exchange of direct or indirect compensation;
2)
During episodic consultations by a health care specialist located in another jurisdiction
who provides consultation services, upon request, to a licensee in this State;
3)
Related to health care assistance provided in response to an emergency or disaster,
provided that there is no charge for the medical assistance; or
4)
Provided by a substitute licensee acting on behalf, and at the designation, of an absent
licensee in the same specialty on an on-call or cross-coverage basis.
13:44K-7.5 PROVISION OF OCCUPATIONAL THERAPY SERVICES THROUGH
TELEMEDICINE OR TELEHEALTH
a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:44K-7.4, a licensee may
provide occupational therapy services to a client through the use of telemedicine and may
engage in telehealth to support and facilitate the provision of occupational therapy services
to clients.
b) Prior to providing services through telemedicine or telehealth, a licensee shall determine the
client's originating site and record this information in the client's record.
c) A licensee providing healthcare services through telemedicine shall use interactive, real-
time, two-way communication technologies, which shall include, except as provided at (e)
below, a video component which allows a licensee to see a client and the client to see the
licensee during the provision of occupational therapy services.
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d) A licensee providing services through telemedicine or telehealth may use asynchronous
store-and-forward technology to allow for the electronic transmission of:
1)
Images;
2)
Diagnostics;
3)
Data; and
4)
Medical information.
e) If, after accessing and reviewing the client's records, a licensee determines that he or she is
able to meet the standard of care for such services if they were being provided in-person
without using the video component described at (c) above, the licensee may use interactive,
real-time, two-way audio in combination with asynchronous store-and-forward technology,
without a video component.
f) Prior to providing services through telemedicine or telehealth, a licensee shall review any
medical history, or medical records provided by a client as follows:
1)
For an initial encounter with a client, medical history, medical records, and any other
relevant client records including, but not limited to, educational, vocational, or social
records; shall be reviewed prior to the provision of occupational therapy services through
telemedicine or telehealth; and
2)
For any subsequent interactions with a client, medical history, medical records, and any
other relevant client records including, but not limited to, educational, vocational, or
social records, shall be reviewed either prior to the provision of occupational therapy
services through telemedicine or telehealth or contemporaneously with the encounter
with the client.
g) During and after the provision of occupational therapy services through telemedicine or
telehealth, a licensee shall provide his or her name, professional credentials, and contact
information to the client. Such contact information shall enable the client to contact the
licensee for at least 72 hours following the provision of services, or for a longer period if
warranted by the client's circumstances and accepted standards of care.
h) After the provision of occupational therapy services through telemedicine or telehealth, a
licensee shall provide the client, upon request, with his or her records reflecting the services
provided.
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i) A licensee shall provide, upon a client's written request, the client's information to the client's
primary care provider or to other healthcare providers.
j) A licensee engaging in telemedicine or telehealth shall refer a client for follow-up care when
necessary.
13:44K-7.6 RECORDS
A licensee who provides services through telemedicine or telehealth shall maintain a record
of the care provided to a client. Such records shall comply with the requirements at N.J.A.C.
13:44K-10.1, and all other applicable State and Federal statutes, rules, and regulations for
recordkeeping, confidentiality, and disclosure of a client's medical record.
13:44K-7.7 PREVENTION OF FRAUD AND ABUSE
a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse
when providing services through telemedicine or telehealth, a licensee must establish written
protocols that address:
1)
Authentication and authorization of users;
2)
Authentication of the client during the initial intake pursuant to N.J.A.C. 13:44K-7.4(a)1;
3)
Authentication of the origin of information;
4)
The prevention of unauthorized access to the system or information;
5)
System security, including the integrity of information that is collected, program integrity,
and system integrity;
6)
Maintenance of documentation about system and information usage;
7)
Information storage, maintenance, and transmission; and
8)
Synchronization and verification of client profile data.
13:44K-7.8 PRIVACY AND NOTICE TO CLIENTS
a) Licensees who communicate with clients by electronic communications other than telephone
or facsimile shall establish written privacy practices that are consistent with Federal
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standards under 45 CFR 160 and 164, which are incorporated herein by reference, relating
to privacy of individually identifiable health information.
b) Written privacy practices pursuant to (a) above shall include privacy and security measures
that assure confidentiality and integrity of client-identifiable information. Transmissions,
including client email, prescriptions, and laboratory results must be password protected,
encrypted electronic prescriptions, or protected through substantially equivalent
authentication techniques.
c) A licensee who becomes aware of a breach in confidentiality of client information, as defined
at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.
d) Licensees, or their authorized representatives, shall provide a client, prior to evaluation or
treatment, with copies of written privacy practices and shall obtain the client's written
acknowledgement of receipt of the notice.
e) Licensees who provide services through telemedicine or telehealth, or their authorized
representatives, shall, prior to providing services, give clients notice regarding telemedicine
and telehealth, including the risks and benefits of being treated through telemedicine or
telehealth and how to receive follow-up care or assistance in the event of an adverse
reaction to the treatment or in the event of an inability to communicate as a result of a
technological or equipment failure. A licensee shall obtain a signed and dated statement
indicating that the client received this notice.
f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a
licensee exercising ordinary skill and care would deem reasonably necessary to provide care
to a client, the licensee shall inform the client of this prior to the conclusion of the provision
of care through telemedicine or telehealth and shall advise the client regarding the need for
the client to obtain an additional in-person medical evaluation reasonably able to meet the
client's needs.
SUBCHAPT ER 8.
GENERAL OBL IG ATIONS OF LICENSEES
13:44K-8.1 NOTIFICATION OF CHANGE OF ADDRESS OF RECORD; SERVICE OF
PROCESS
a) A licensee shall notify the Council, in writing, within 30 days, of any change in his or her
address of record. For purposes of this section, "address of record" means an address
designated by a licensee, which is part of the public record and which may be disclosed
upon request.
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"Address of record" may be a licensee's home, business or mailing address, but shall not
be a post office box unless the licensee also provides another address, which includes a
street, city, state and zip code.
b) Service of an administrative complaint or other process initiated by the Attorney General, the
Director or the Council at the address on file with the Council shall be deemed adequate
notice for the commencement of an inquiry or disciplinary proceeding.
c) A licensee shall, within 30 days of receiving a notice of disciplinary action taken against the
licensee in another jurisdiction or actions affecting the licensee’s privileges taken by any
institution, organization, or employer related to the practice of occupational therapy,
occupational therapy assisting, or other professional or occupational practice in New Jersey,
any other state, the District of Columbia, or in any other jurisdiction, report to the Council in
writing his or her receipt of such notification.
13:44K-8.2 NOTIFICATION OF CHANGE OF NAME
a) A licensee whose name has been legally changed shall forward to the Council by certified
mail, return receipt requested, no later than 30 days following the change of name, the
following:
1)
Legal evidence of such change; and
2)
A copy of the licensee's original license with proof that he or she is the same person to
whom the Council issued the license.
b) Upon receipt of the items set forth in (a) above and upon payment of the fees specified in
N.J.A.C. 13:44K-11.1(a)12 and 13, the Council shall issue to the individual a new license.
c) Upon receipt of the new license as set forth in (b) above, the licensee shall immediately
remit the original license to the Council.
13:44K-8.3 UNLICENSED PRACTICE OF OCCUPATIONAL THERAPY
a) The following acts or practices shall be deemed to be the unlicensed practice of occupational
therapy:
1)
Offering or rendering occupational therapy services by any person other than a licensed
occupational therapist, a licensed occupational therapy assistant or a person who is
exempt from licensure under the Occupational Therapy Licensing Act, pursuant to
N.J.S.A. 45:9-37.60. Persons exempt from licensure pursuant to N.J.S.A. 45:9-37.60(e)
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shall only engage in the provision of occupational therapy services consistent with the
provisions of N.J.A.C. 13:44K-1.3;
2)
The use by any person other than a licensed occupational therapist or a licensed
occupational therapy assistant of:
i) Any title or designation which includes the words occupational therapist or
occupational therapy assistant which may mislead the public; or
ii) The abbreviations O.T. or O.T.A., or any similar abbreviations.
b) A licensee shall use only the title or designation corresponding to his or her license.
13:44K-8.4 AIDING AND ABETTING UNLICENSED PRACTICE
It shall be professional misconduct for a licensee to aid or assist any person engaging in
conduct that violates N.J.A.C. 13:44K-8.3 and shall constitute a deviation from the normal
standards of practice required of a licensee, which may subject the licensee to the penalties of
N.J.S.A. 45:1-21.
13:44K-8.5 SEXUAL MISCONDUCT
a) As used in this section, the following terms have the following meanings unless the context
clearly indicates otherwise:
"Client" means any person who is the recipient of occupational therapy evaluation,
instruction, treatment, or consultation rendered by a licensee.
"Client-therapist relationship" means a relationship between an occupational therapist,
occupational therapy assistant, or temporarily licensed occupational therapist or
occupational therapy assistant, and the client wherein the licensee owes a continuing duty to
the client to render occupational therapy services consistent with his or her training and
experience.
"Licensee" means any person licensed to engage in practice as an occupational
therapist, occupational therapy assistant or temporarily licensed occupational therapist or
occupational therapy assistant in the State of New Jersey.
"Sexual contact" means the knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be construed by a
reasonable person to be motivated by the licensee's own prurient interest or for sexual
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arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a
part of the licensee's body upon a part of the client's body, sexual penetration, or the
insertion or imposition of any object or any part of a licensee or client's body into or near the
genital, anal or other opening of the other person's body. "Sexual contact" does not include
the touching of a client's body which is necessary during the performance of a generally
accepted and recognized occupational therapy procedure.
"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal
or non-verbal conduct that is sexual in nature, and which occurs in connection with a
licensee's activities or role as a provider of occupational therapy services, and that either: is
unwelcome, is offensive to a reasonable person, or creates a hostile workplace environment,
and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be
abusive to a reasonable person in that context. "Sexual harassment" may consist of a single
extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a
licensee with a client, co-worker, employee, student or supervisee whether or not such
individual is in a subordinate position to the licensee. "Sexual harassment" may also include
conduct of a nonsexual nature if it is based on the sex of an individual.
"Spouse" means the husband, wife, civil union partner or fiancée of the licensee or an
individual involved in a long-term committed relationship with the licensee. For purposes of
the definition of "spouse," a long-term committed relationship means a relationship, which is
at least six months in duration.
b) A licensee shall not engage in sexual contact with a client or immediate family member or
guardian of a client with whom he or she has a client-therapist relationship. The client-
therapist relationship is ongoing for purposes of this section, unless:
1)
Occupational therapy is terminated by way of written notice to the client and is
documented in the client record; and
2)
The last occupational therapy was rendered more than six months ago.
c) In circumstances where the client is, or should be recognized by the licensee as, clearly
vulnerable by reason of emotional or cognitive disorder to exploitive influence by the
licensee, the prohibition on sexual contact shall extend indefinitely.
d) A licensee shall not seek or solicit sexual contact with a client or immediate family member
or guardian of a client with whom he or she has a client-therapist relationship and shall not
seek or solicit sexual contact with any person in exchange for professional services.
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e) A licensee shall not engage in any discussion of an intimate sexual nature with a client,
unless that discussion is directly related to a proper occupational therapy purpose. Such
discussion shall not include disclosure by the licensee of his or her own sexual relationships.
f) A licensee shall provide privacy and examination conditions which prevent the exposure of
the unclothed body of the client. Appropriate draping measures shall be employed to protect
client privacy.
g) A licensee shall not engage in sexual harassment either within or outside of the professional
setting.
h) A licensee shall not engage in any other activity which would lead a reasonable person to
believe that the activity serves the licensee's personal prurient interests or which is for the
sexual arousal, or sexual gratification of the licensee or client or which constitutes an act of
sexual abuse.
i) Violation of any of the prohibitions or directives set forth in (c) through (h) above shall
constitute professional misconduct pursuant to N.J.S.A. 45:1 -21(e).
j) Nothing in this section shall be construed to prevent a licensee from rendering occupational
therapy to a spouse, providing that the rendering of such occupational therapy is consistent
with accepted standards of occupational therapy and that the performance of occupational
therapy is not utilized to exploit the client spouse for the sexual arousal or sexual
gratification of the licensee.
k) It shall not be a defense to any action under this section that:
1)
The client solicited or consented to sexual contact with the licensee; or
2)
The licensee is in love with or held affection for the client.
13:44K-8.6 LICENSE RENEWAL
a) The Council shall send a notice of renewal to each licensed occupational therapist and
licensed occupational therapy assistant, at least 60 days prior to the expiration of the
license. The notice of renewal shall explain inactive renewal and advise the licensee of the
option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration
date, no monetary penalties or fines shall apply to the holder for failure to renew provided
that the license is renewed within 60 days from the date the notice is sent or within 30 days
following the date of license expiration, whichever is later.
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b) A licensee shall renew his or her license for a period of two years from the last expiration
date. The licensee shall submit a renewal application to the Council, along with the renewal
fee set forth in N.J.A.C. 13:44K-11.1, prior to the date of license expiration.
c) A licensee may renew his or her license by choosing inactive status. A licensee electing to
renew his or her license as inactive shall not engage in the practice of occupational therapy,
occupational therapy assisting, or hold himself or herself out as eligible to engage in the
practice of occupational therapy or occupational therapy assisting in New Jersey until such
time as the license is returned to active status.
d) If a licensee does not renew the license prior to its expiration date, the licensee may renew
the license within 30 days of its expiration by submitting a renewal application, a renewal
fee, and a late fee as set forth in N.J.A.C. 13:44K-11.1. During this 30-day period, the
license shall be valid and the licensee shall not be deemed practicing without a license, as
applicable.
e) A licensee who fails to submit a renewal application within 30 days of license expiration shall
have his or her license suspended without a hearing.
f) A licensee who continues to engage in the practice of occupational therapy or occupational
therapy assisting with a suspended license shall be deemed to be engaging in the
unauthorized practice of occupational therapy or occupational therapy assisting and shall be
subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension
has been provided to the individual.
13:44K-8.7 LICENSE REACTIVATION
a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44K-8.6(c) may apply to the
Council for reactivation of the inactive license. A licensee seeking reactivation of an inactive
license shall submit:
1)
A renewal application;
2)
A certification of employment listing each job held during the period the license was
inactive, which includes the name, address, and telephone number of each employer;
and
3)
3.The renewal fee for the biennial period for which reactivation is sought as set forth in
N.J.A.C. 13:44K-11.1.
i) If the renewal application is sent during the first year of the biennial period, the
applicant shall submit the renewal fee as set forth in N.J.A.C. 13:44K-11.1.
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ii) If the renewal application is sent during the second year of the biennial period, the
applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:44K-
11.1.
b) If a Council review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reactivation, the Council may require the
applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Council prior to reactivation of
the license. If that examination or assessment identifies deficiencies or educational needs,
the Council may require the applicant as a condition of reactivation of licensure to take and
successfully complete any education or training or to submit to any supervision, monitoring,
or limitations as the Council determines is necessary to assure that the applicant practices
with reasonable skill and safety. The Council, in its discretion, may restore the license
subject to the applicant’s completion of the training within a period of time prescribed by the
Council following the restoration of the license. In making its determination whether there are
practice deficiencies requiring remediation, the Council shall consider the following non-
exhaustive issues:
1)
Length of duration license was inactive;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of occupational therapy or occupational therapy
assisting or other professional or occupational practice in New Jersey, any other state,
the District of Columbia, or in any other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of occupational therapy or occupational therapy
assisting or other professional or occupational practice in New Jersey, any other state,
the District of Columbia, or in any other jurisdiction.
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13:44K-8.8 LICENSE REINSTATEMENT
a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:44K-8.6(e) may
apply to the Council for reinstatement. A licensee applying for reinstatement shall submit:
1)
A reinstatement application;
2)
A certification of employment listing each job held during the period of suspended
license, which includes the names, addresses, and telephone numbers of each
employer;
3)
The renewal fee for the biennial period for which reinstatement is sought;
4)
The past due renewal fee for the biennial period immediately preceding the renewal
period for which reinstatement is sought; and
5)
The reinstatement fee set forth in N.J.A.C. 13:44K-11.1.
b) If a Council review of an application establishes a basis for concluding that there may be
practice deficiencies in need of remediation prior to reinstatement, the Council may require
the applicant to submit to and successfully pass an examination or an assessment of skills, a
refresher course, or other requirements as determined by the Council prior to reinstatement
of the license. If that examination or assessment identifies deficiencies or educational
needs, the Council may require the applicant as a condition of reinstatement of licensure to
take and successfully complete any education or training or to submit to any supervision,
monitoring, or limitations as the Council determines is necessary to assure that the applicant
practices with reasonable skill and safety. The Council, in its discretion, may restore the
license subject to the applicant’s completion of the training within a period of time prescribed
by the Council following the restoration of the license. In making its determination whether
there are practice deficiencies requiring remediation, the Council shall consider the following
non-exhaustive issues:
1)
Length of duration license was suspended;
2)
Employment history;
3)
Professional history;
4)
Disciplinary history and any action taken against the applicant’s license by any licensing
board;
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5)
Actions affecting the applicant’s privileges taken by any institution, organization, or
employer related to the practice of occupational therapy, occupational therapy assisting,
or other professional or occupational practice in New Jersey, any other state, the District
of Columbia, or in any other jurisdiction;
6)
Pending proceedings against a professional or occupational license issued to the
licensee by a professional board in New Jersey, any other state, the District of Columbia,
or in any other jurisdiction; and
7)
Civil litigation related to the practice of occupational therapy, occupational therapy
assisting, or other professional or occupational practice in New Jersey, any other state,
the District of Columbia or in any other jurisdiction.
13:44K-8.9 CLAIMS SUBMISSIONS FORMS
a) No licensee shall submit any claim, bill or governmental assistance claim to a third-party
payor or employer for occupational therapy services rendered to any client that involves
dishonesty, fraud, deception or misrepresentation.
b) No licensee shall submit to a third-party payor or employer any claim, bill or governmental
assistance claim, which contains any of the following:
1)
Any treatment date, which does not accurately reflect the date when the services were
actually provided;
2)
Any description of an occupational therapy service, which does not accurately reflect the
actual service provided;
3)
Any statement material to the claim, which is known to be false or misleading; or
4)
A charge for any service the amount of which has been advertised as free or
complimentary or for an amount that exceeds the advertised charge for discounted
services.
c) A licensee who provides occupational therapy services to a client enrolled in any insurance
plan with co-payment features and who intends to waive any part of the co-payment or all of
the co-payment by the client shall, when submitting any claim or bill to the third-party payor,
conspicuously disclose on the face of the claim or bill in a legible manner, or in the electronic
claim submission, that the co-payment, or a portion of the co-payment, has not or will not be
billed to, or collected from, the client.
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d) The accuracy of all information contained in written or electronic submissions to a third-party
payor or employer, including pre-determinations, claims, bills or governmental assistance
claims, shall be the personal responsibility of the licensee whose name, license number or
signature appears on the signature line of the claim. In the case of electronic claims the
licensee identified as the provider shall be held responsible for the accuracy of the
information whether or not said licensee actually completed the claim. The Council shall
presume that the licensee identified on the claim reviewed its contents and approved its
submission. It shall not be a defense to an allegation of a violation of this section that the
claim was completed or submitted by an agent of the licensee.
e) All insurance records shall be maintained pursuant to the provisions of N.J.A.C. 13:44K-10.
SUBCHAPT ER 9.
BUSINESS PR ACTICES; PROFESSIONAL CONDUCT
13:44K-9.1 DISPLAY OF NOTICE OF LICENSURE; DUPLICATE LICENSE;
NOTIFICATION OF AVAILABILITY OF FEE INFORMATION
a) All licensed occupational therapists and occupational therapy assistants shall show their
licenses to clients upon request.
b) All licensed occupational therapists and occupational therapy assistants shall ensure that the
following notices are prominently displayed in a public area in any office or facility at which
the licensee practices occupational therapy services:
1)
"Occupational therapists and occupational therapy assistants are licensed by the
Occupational Therapy Advisory Council, an agency of the Division of Consumer Affairs.
Any member of the public may notify the Council of any complaint relative to the practice
conducted by an occupational therapist or an occupational therapy assistant. The
Council address is: Division of Consumer Affairs, Occupational Therapy Advisory
Council, PO Box 45037, 124 Halsey Street, Newark, New Jersey 07101."
2)
"INFORMATION ON PROFESSIONAL FEES IS AVAILABLE TO YOU UPON
REQUEST."
c) A licensee shall not alter or obscure any information on the biennial license in any manner.
d) A licensee may obtain a duplicate license upon payment of the fee provided in N.J.A.C.
13:44K-11.1(a)12 or 13 and upon submission of a certification by the licensee that the
original license was lost or destroyed or that a duplicate license is required by the licensee's
employer.
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13:44K-9.2 FINANCIAL ARRANGEMENTS WITH CLIENTS AND THIRD PARTY-
PAYORS
a) Fees for occupational therapy services shall be reasonable and commensurate with the
status and experience of the occupational therapist offering like services or treatment in the
geographic area and shall be consistent with the provisions of N.J.A.C. 13:44K-9.4
prohibiting excessive fees.
b) Prior to the initiation of occupational therapy services, the occupational therapist or his or her
designee shall explain to the client in an understandable manner the financial arrangements
for the services that will be provided. The information provided to the client shall include the
following:
1)
The fee for services or the basis for dete
r
mining the fee to be charged;
2)
Whether the licensee will accept installment payments or assignment of benefits from a
third party payor;
3)
That insurance coverage may not be available in all circumstances; and
4)
The financial consequences, if any, of missed sessions.
c) An occupational therapist shall not require a client or a third party payor to pay:
1)
A fee for preparing an insurance claim form;
2)
Interest on an unpaid account unless the client has been notified of this policy, in writing,
prior to the initiation of occupational therapy services;
3)
A full or partial fee for unkept appointments unless the client has been notified of this
policy, in writing, prior to the initiation of occupational therapy services; or
4)
A fee for any occupational therapy service not documented in a client record in a manner
consistent with N.J.A.C. 13:44K-10.1.
d) An occupational therapist shall prepare and maintain a written list of current fees for
standard services and, upon request, shall provide the list to clients. The list shall include the
following information:
1)
Whether Medicaid clients are accepted;
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2)
Whether Medicare clients are accepted;
3)
Whether other third-party payor plans are accepted; and
4)
Whether special fee categories are available, such as for senior citizens or for members
of designated groups, such as preferred provider plan members.
e) An occupational therapist shall provide a copy of a written fee schedule to any interested
person upon request. When the fee is set by a medical, health, educational, or social
agency, an occupational therapist shall inform the client about how to obtain a copy of the
written fee schedule.
13:44K-9.3 PROFESSIONAL INTERACTIONS WITH CLIENTS
a) An occupational therapist or occupational therapy assistant shall advise the client or the
client's legal guardian, in terms the client or the guardian can understand, of the nature and
purpose of the services to be rendered and the limits and obligations associated with such
services.
b) An occupational therapist or occupational therapy assistant shall not provide occupational
therapy services while under the influence of alcohol or any mind altering drug that impairs
the delivery of services.
13:44K-9.4 PROHIBITION ON EXCESSIVE FEES
a) An occupational therapist shall not charge an excessive fee for services. Factors which the
Council may consider in dete
r
mining whether a fee is excessive include the following:
1)
The time or effort required to perform the services;
2)
The skill required to properly perform the services;
3)
The nature and length of the professional relationship with the client;
4)
The experience, reputation and ability of the licensee performing the services;
5)
The nature and circumstances under which services are provided; and
6)
Whether the fee is set by a medical, health, educational or social agency.
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13:44K-9.5 TERMINATION OF SERVICES
a) A licensed occupational therapist shall terminate services to a client when the client has
achieved the pre-determined goals established in the plan of care or when such services no
longer meet the client's needs or interests.
b) A licensed occupational therapist who is unable to provide continued professional services to
a client shall terminate such services to the client and shall promptly notify the client of the
termination only after making reasonable efforts to assist the client in obtaining such
services from another licensee qualified to meet the needs or interests of the client.
SUBCHAPT ER 10.
CLIENT RECORDS
13:44K-10.1 PREPARATION AND MAINTENANCE OF CLIENT RECORDS
a) An occupational therapist, or a licensed occupational therapy assistant acting under the
supervision of a licensed occupational therapist, shall prepare and maintain for each client a
contemporaneous, permanent client record that accurately reflects the client's contact with
the occupational therapist or the occupational therapy assistant, whether in an office,
hospital or other treatment, evaluation or consultative setting.
b) An occupational therapist, or an occupational therapy assistant, acting under the supervision
of an occupational therapist, shall include at least the following information in the client
record:
1)
The full name, as it appears on the license, of the licensee who rendered care,
identification of licensure status as either an occupational therapist or occupational
therapy assistant, license number and designated supervisor, if applicable. This
information shall be legible and shall appear at least once on each page of the client
record;
2)
The client's name, address and telephone number. The client's name shall appear on
each page of the record;
3)
The location and dates of all treatments, evaluations or consultations;
4)
Findings upon initial evaluation, including the client's relevant history and results of
appropriate tests and examinations conducted;
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5)
A plan of care establishing measurable goals of the treatment program, including the
type of treatment to be rendered and the frequency and expected duration of the
treatment;
6)
Progress notes for each day of treatment. Progress notes shall include, at a minimum,
the date the client received treatment, a description of the treatment rendered, the name
of the licensee or other person rendering treatment, and notations of the client's status
regardless of whether significant changes have occurred since the last date of treatment.
i) An occupational therapist may dictate progress or session notes for later transcription
provided the transcription is dated and identified as preliminary pending the
occupational therapist's final review and approval.
ii) All progress notes that are created by a licensed occupational therapy assistant,
temporary licensed occupational therapist, temporary licensed occupational therapy
assistant or an occupational therapy student fulfilling the required fieldwork
component of his or her educational training, consistent with the provisions of
N.J.A.C. 13:44K-5.3, shall be countersigned by the supervising occupational
therapist, notwithstanding the delegation of supervision responsibilities to a licensed
occupational therapy assistant pursuant to N.J.A.C. 13:44K-6.4.
iii) If more than one progress note appears on a page, s one signature on the page shall
be sufficient to indicate review and approval of all progress notes on the page;
7)
Periodic reassessment of the client's status consistent with the goals set forth in the
treatment plan;
8)
Information regarding referrals to other professionals and any reports and records
provided by other professionals;
9)
A discharge summary which includes the reason for discharge from and outcome of
occupational therapy services relevant to established goals at the time of discharge; and
10)
Fees charged by the occupational therapist and paid by the client, unless a separate
financial record is kept.
c) A licensed occupational therapist shall periodically review and update the client's plan of
care.
d) The permanent client record of occupational therapy services shall be retained for at least
seven years from the date of the last entry, unless otherwise provided by law, or in the case
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of a client who is a minor at the time of the last date of treatment, the licensee shall retain
the record for seven years from the last treatment or for at least two years after the minor
client reaches the age of 18, whichever is later.
e) A licensed occupational therapist, or a licensed occupational therapy assistant acting under
the direction of a licensed occupational therapist, shall comply with the provisions of this
section notwithstanding an employer's recordkeeping requirements.
f) A licensed occupational therapist, or a licensed occupational therapy assistant acting under
the supervision of a licensed occupational therapist, shall not falsify a patient’s record.
13:44K-10.2 USE OF COMPUTER TO PREPARE CLIENT RECORDS
a) A licensee who prepares a client record maintained solely on a personal or other computer
shall use a write-protected program which:
1)
Contains an internal permanently activated date and time recordation for all entries;
2)
Automatically prepares a back-up copy of the file; and
3)
Is designed in such manner that, after the occupational therapist or occupational therapy
assistant "signs" by means of a confidential personal code ("CPC"), the entry cannot be
changed in any manner.
b) An occupational therapist or occupational therapy assistant shall include in the client record
at least two forms of identification; for example, name and record number or any other
specific identifying information.
c) An occupational therapist or occupational therapy assistant shall finalize or "sign" the entry
by means of a CPC. Where more than one individual is authorized to make entries into the
computer file of any client record, the occupational therapist or occupational therapy
assistant responsible for the practice shall assure that each such person obtains a CPC and
uses the program in the same manner. All notes made in the client record by a licensed
occupational therapy assistant, temporary licensed occupational therapist, temporary
licensed occupational therapy assistant or an occupational therapy student fulfilling the
required fieldwork component of his or her educational training, shall be countersigned by
the supervising occupational therapist pursuant to N.J.A.C. 13:44K-10.1, notwithstanding the
delegation of supervision responsibilities to a licensed occupational therapy assistant
pursuant to N.J.A.C. 13:44K-6.4.
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d) An occupational therapist or occupational therapy assistant shall document any addenda or
corrections to a client's record in a separately dated, signed and timed note.
13:44K-10.3 RELEASE OF CLIENT RECORDS
a) An occupational therapist shall provide one copy of the client record of the occupational
therapy services provided by the licensee within 14 days of a written request by the client,
the client's guardian or any other party designated by the client or the client's guardian.
b) An occupational therapist may charge a fee for the reproduction of the client record. Such
fee shall be no greater than $1.00 per page or $100.00 for the entire record, whichever is
less. If the record request is less than 10 pages, the occupational therapist may charge up to
$10.00 to cover postage and the miscellaneous costs associated with retrieval of the record.
c) An occupational therapist may provide a summary of the client record, unless otherwise
required by law, provided that the summary adequately reflects the history of the
occupational therapy services provided to the client. If a summary is provided, the charge for
the summary shall not exceed $1.00 per page or $100.00, whichever is less. If the summary
provided is less than 10 pages, the occupational therapist may charge up to $10.00 to cover
postage and the miscellaneous costs associated with producing the summary.
d) An occupational therapist may charge a reasonable fee, consistent with the provisions of
N.J.A.C. 13:44K-9.4, for the completion of reports, other than the summary provided for in (c)
above, when a separate request for such reports is made.
e) When a report is needed to enable a client to receive ongoing care by another practitioner or
for use in judicial proceedings, an occupational therapist shall not require advance payment
as a condition for releasing the report, except that an occupational therapist may require
advance payment for release of a report prepared by the occupational therapist for use by
the occupational therapist as an expert witness on behalf of the client.
f) The provisions of this section shall not apply to an occupational therapist who provides or
offers occupational therapy services in connection with a medical, health, educational or
social agency when the occupational therapist does not have control over or authority to
release client records pursuant to agency policy.
SUBCHAPT ER 11.
FEES
13:44K-11.1 FEE SCHEDULE
a) The following fees shall be charged by the Occupational Therapy Council:
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1)
Application fee .................................................................................................. $100.00
2)
Initial license fee–occupational therapist:
i) If paid during the first year of the biennial renewal period ........................ 160.00
ii) If paid during the second year of the biennial renewal period .................... 80.00
3)
Initial fee–occupational therapy assistant:
i) If paid during the first year of the biennial renewal period ........................ 100.00
ii) If paid during the second year of the biennial renewal period .................... 50.00
4)
Biennial license renewal–occupational therapist ............................................. 160.00
5)
Biennial license renewal–occupational therapy assistant ............................... 100.00
6)
Temporary license ................................................................................................ 50.00
7)
Temporary license renewal….. .. ....................................................................... 50.00
8)
Late renewal (up to 30 days after renewal deadline)......................................... 40.00
9)
Reinstatement fee (over 30 days from renewal deadline) ................................. 80.00
10)
Duplicate biennial registration fee ....................................................................... 25.00
11)
Duplicate wall certificate ...................................................................................... 40.00
