ARTICLE 20:64
OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS
Chapter
20:64:01 Definitions.
20:64:02 Licensure requirements.
20:64:03 Supervision.
20:64:04 Continuing competency.
20:64:05 Ethics.
Declaratory Ruling: Declaratory Ruling of the Board of Medical and Osteopathic Examiners dated September 21, 1994, was vacated by the Board of Medical and Osteopathic Examiners by order of the board dated March 30, 2015.
20:64:01:01. Definitions. Words defined in SDCL 36-31 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Applicant," a person applying to the board for any purpose relating to that person's licensure by the board;
(2) "Direct supervision," the physical presence of an occupational therapist or occupational therapy assistant in the immediate room when remediative tasks are being performed by an occupational therapy aide;
(3). "Supervision," the treatment of a patient by an occupational therapy assistant in the presence of an occupational therapist. For purposes of this subdivision, "presence" means in-person presence or presence by telecommunications.
Source: 14 SDR 72, effective November 23, 1987; 48 SDR 108, effective May 4, 2022.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-1, 36-31-4, 36-31-5, 36-31-6, 36-31-13, 36-31-14.
CHAPTER 20:64:02
LICENSURE REQUIREMENTS
Section
20:64:02:01 Examination.
20:64:02:02 Application for licensure by reciprocity.
20:64:02:03 Limited permit.
20:64:02:04 Renewal of license.
20:64:02:05 Fees.
20:64:02:01. Examination. The examination approved by the board is the certification examination of the National Board for Certification of Occupational Therapy.
Source: 14 SDR 72, effective November 23, 1987; 22 SDR 61, effective November 5, 1995; 42 SDR 146, effective May 5, 2016.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-6.
20:64:02:02. Application for licensure by reciprocity. An applicant for licensure by reciprocity as provided in SDCL 36-31-8 must file an application with the board on forms provided by the board. The applicant must submit a certified copy of the applicant's current valid license from another state, the District of Columbia, or territory of the United States, together with a copy of the application for licensure in that state, district, or territory.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-8.
20:64:02:03. Limited permit. An applicant for a limited permit to practice occupational therapy must file an application with the board on forms provided by the board and must submit written evidence that the applicant has completed the education and experience requirements of SDCL chapter 36-31 and is scheduled to write the next certification examination of the National Board for Certification of Occupational Therapy. The fee for a limited permit prescribed by § 20:64:02:05 must be filed with the application. If the holder of a limited permit is notified by the board that the holder has failed the examination, the permit is invalid on the date the notice is received by the holder; and the holder must immediately return the permit to the board. An application for a one-time renewal of the limited permit shall be submitted to the board on forms provided by the board together with the prescribed limited permit fee and evidence that the applicant is scheduled to write the next certification examination of the National Board for Certification of Occupational Therapy. The holder of a limited permit shall maintain on file with the board a current statement providing the name and address of any person or institution that employs the holder during the period the permit remains in force.
Source: 14 SDR 72, effective November 23, 1987; 22 SDR 61, effective November 5, 1995; 42 SDR 146, effective May 5, 2016.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-5.
20:64:02:04. Renewal of license. A notice for renewal of license shall be sent by the board to the last known address of each current licensee prior to the date of expiration of the license as provided by SDCL 36-31-11. Failure to receive the notice for renewal of license does not relieve the licensee of the responsibility for renewing the license and paying the renewal fee on time.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-11.
20:64:02:05. Fees. The following fees for licensure as an occupational therapist shall be charged:
(1) An applicant applying for the initial license shall pay a fee of $50;
(2) An applicant applying for annual renewal of a license shall pay a fee of $50;
(3) An applicant applying for renewal of license after the license has lapsed shall pay an additional fee of $25; and
(4) An applicant applying for a limited permit shall pay a fee of $25.
Source: 14 SDR 72, effective November 23, 1987; 23 SDR 70, effective November 11, 1996.
General Authority:SDCL 36-31-12.
CHAPTER 20:64:03
SUPERVISION
Section
20:64:03:01 Direct supervision of occupational therapy aide.
20:64:03:02 Supervision of occupational therapy assistant.
20:64:03:03 Consultation.
20:64:03:01. Direct supervision of occupational therapy aide. An occupational therapy aide may only perform selected routine tasks which are neither evaluative, assessive, nor recommendative and for which the aide has been suitably trained. An occupational therapy aide shall be under the direct supervision of an occupational therapist or occupational therapy assistant.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-1.
20:64:03:02. Supervision of occupational therapy assistant. An occupational therapy assistant with less than one year of experience in the assistant's present area of practice must receive a minimum of 10 hours of supervision from an occupational therapist for each 40 work hours or 25 percent of the total scheduled work hours. An occupational therapy assistant with more than one year of experience in the assistant's present area of practice must receive a minimum of 4 hours of supervision from an occupational therapist for each 40 work hours or 10 percent of the total scheduled work hours. The supervising occupational therapist shall evaluate each patient with input from the occupational therapy assistant as appropriate, prepare a written treatment plan outlining the tasks and responsibilities that may be performed by the occupational therapy assistant, monitor patient progress and reevaluate the treatment plan, and determine the termination of treatment. The frequency and manner of supervision is determined by the supervising licensed occupational therapist based on the condition of the patient or client, the proficiencies of the occupational therapy assistant, and the complexity of the therapy method. If the supervision agreement is terminated, the occupational therapy assistant must notify the board in writing within 15 days of such termination. In addition, the supervising occupational therapist must also notify the board in writing within 15 days if the supervision agreement is terminated.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-1.
20:64:03:03. Consultation. Consultation, as used in SDCL 36-31-1(4), means periodic, on-site meetings to review cases and to provide recommendations or resource information, or both, regarding delivery of occupational therapy services to patients or clients.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-1.
CHAPTER 20:64:04
CONTINUING COMPETENCY
Section
20:64:04:01 Continuing competency requirements.
20:64:04:02 Activities for continuing competency requirements.
20:64:04:03 Reporting continuing education.
20:64:04:04 Waiver of continuing competency requirements.
20:64:04:01. Continuing competency requirements. To qualify for renewal of a license upon its expiration as prescribed in SDCL 36-31-11, an applicant for renewal must complete 12 continuing competency points in a one-year period in professional education activities updating competency in occupational therapy and practice.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-11.
20:64:04:02. Activities for continuing competency requirements. The following activities qualify for credit toward completion of continuing competency points:
(1) Attendance at workshops, seminars, conferences, or in-service education programs relating to the practice of occupational therapy. A certificate of completion is evidence of attendance. One point shall be credited for each hour of attendance;
(2) Presentation to health or education professionals of a workshop, seminar, or in-service education program. The presentation must relate to the practice of occupational therapy and must be at least two hours in length. A program outline is evidence of participation. One point should be credited for each hour of presentation. A maximum of six points may be credited for this activity;
(3) Publication in professional journals or other nationally recognized publications or books or chapters in books. The publisher's manuscript acknowledgment is evidence of publication. Six points shall be credited for each publication; and
(4) Completion of an undergraduate or graduate course at a college or university that is accredited by an accrediting agency recognized by the council on postsecondary education and the United States department of education in 50 Fed Register 40213 to 40217, inclusive (October 2, 1985), 50 Fed Register 41933 (October 16, 1985), and 51 Fed Register 44940 (December 15, 1986). The course must be related to the applicant's professional skills and knowledge of the practice of occupational therapy. A transcript from the college or university is evidence of completion of the course. Six points shall be credited for each course completed.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-11.
20:64:04:03. Reporting continuing education. To demonstrate compliance with the continuing education requirements, each occupational therapist and occupational therapy assistant shall sign a statement to confirm completion of the required CEU hours each year at renewal time, and shall present proof of completion if requested by the board. Any occupational therapist or occupational therapy assistant who maintains current certification by the National Board for Certification of Occupational Therapy (NBCOT) shall meet the continuing education requirements of this chapter.
Source: 14 SDR 72, effective November 23, 1987; 34 SDR 93, effective October 17, 2007; 42 SDR 146, effective May 5, 2016.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-11.
20:64:04:04. Waiver of continuing competency requirements. The board may excuse an applicant from the annual continuing competency requirements if the applicant submits an affidavit to the board that the applicant was prevented from completing the requirements because of illness or undue hardship.
Source: 14 SDR 72, effective November 23, 1987.
General Authority:SDCL 36-31-13.
Law Implemented:SDCL 36-31-11.
20:64:05:01. Ethics. A licensee under SDCL chapter 36-31 shall comply with the following code of ethics:
Principle 1. Occupational therapy personnel shall demonstrate a concern for the well-being and safety of the recipients of their services.
Principal 2. Occupational therapy personnel shall intentionally refrain from actions that cause harm.
Principle 3. Occupational therapy personnel shall respect the right of the individual to self-determination.
Principle 4. Occupational therapy personnel shall provide services in a fair and equitable manner.
Principle 5. Occupational therapy personnel shall comply with institutional rules, local, state, federal, and international laws and AOTA documents applicable to the profession of occupational therapy.
Principle 6. Occupational therapy personnel shall provide comprehensive, accurate, and objective information when representing the profession.
Principle 7. Occupational therapy personnel shall treat colleagues and other professionals with respect, fairness, discretion, and integrity.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-14.
Reference: American Occupational Therapy Association Occupational Therapy Code of Ethics and Standards, 2010. Copies may be obtained from https://www.aota.org/-/media/Corporate/Files/AboutAOTA/OfficialDocs/Ethics/Code%20and%20Ethics%20Standards%202010.pdf.
20:64:05:03. Ethical considerations. The board may utilize the American Occupational Therapy Association Occupational Therapy Code of Ethics and Standards, 2010 edition as guidance in determining whether a licensee has violated professional ethical standards and conduct.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-31-13.
Law Implemented: SDCL 36-31-14.
