Chapter 40 - Occupational Therapy Practice
CHAPTER 40 - OCCUPATIONAL THERAPY PRACTICE
33-40-101. Short title.
Thisact is the "Occupational Therapy Practice Act".
33-40-102. Definitions.
(a) As used in this act:
(i) "Board" means the board of occupational therapywithin the department of administration and information established by W.S.33-40-114;
(ii) "Certified occupational therapy assistant" meansa person licensed to assist in the practice of occupational therapy, under thisact, and who works under the supervision of a registered occupationaltherapist;
(iii) "Occupational therapy" is the use of purposefulactivity with individuals who are limited by physical injury or illness,psychosocial dysfunction, developmental or learning disabilities or the agingprocess in order to maximize independence, prevent disability and maintainhealth. The practice encompasses evaluation, treatment and consultation. Specific occupational therapy services include but are not limited to thefollowing services provided individually, in groups or through social systems:
(A) Teaching daily living skills;
(B) Developing perceptual-motor skills and sensory integrativefunctioning;
(C) Developing play skills and prevocational and leisurecapacities;
(D) Assessing the need for designing, fabricating, training inthe use of or applying selected orthotic devices or selective adaptiveequipment;
(E) Assessing the need for and training in the use ofprosthetic devices;
(F) Using specifically designed crafts and exercises to enhancefunctional performance;
(G) Administering and interpreting tests such as manual muscleand range of motion; and
(H) Adapting environments for the handicapped.
(iv) "Registered occupational therapist" means aperson licensed to practice occupational therapy under this act;
(v) "This act" means W.S. 33-40-101 through33-40-117.
33-40-103. License required.
(a) Effective on July 1, 1992, no person shall hold himself outas an occupational therapist, registered occupational therapist, occupationaltherapy assistant or certified occupational therapy assistant or as being ableto practice occupational therapy in Wyoming unless he is licensed under thisact.
(b) Nothing in this act shall be construed as preventing orrestricting the services or activities of persons under the direction of alicensed occupational therapist.
(c) Only an individual may be licensed under this act.
33-40-104. Persons and practices not affected.
(a) Nothing in this act shall be construed as preventing orrestricting the practice, services or activities of:
(i) Any person solely employed as an occupational therapist oroccupational therapy assistant by any agency of the United States government;
(ii) Any person pursuing a degree or certificate in occupationaltherapy at an accredited or board approved program when the person isdesignated by title clearly indicating his status as a student or trainee;
(iii) Any person engaged in the supervised fieldwork to completethe necessary requirements of W.S. 33-40-106(a)(iii);
(iv) Any person performing occupational therapy services for nomore than forty-five (45) days in a calendar year in association with anoccupational therapist licensed under this act, if:
(A) The person is licensed or regulated under the law ofanother state which has licensure or regulatory requirements at least asstringent as the requirements of this act;
(B) The person meets the requirements for certification as anoccupational therapist registered (OTR) or as a certified occupational therapyassistant (COTA), established by the American occupational therapycertification board.
33-40-105. Limited permit.
(a) A limited permit may be granted to allow a person topractice occupational therapy under the general supervision of a registeredoccupational therapist. This permit shall expire six (6) months after issuancewhen the person is issued a license under W.S. 33-40-109. The limited permitmay be renewed once. The limited permit:
(i) May be granted to a person who has completed theeducational and experience requirements of this act, who is seeking licensurein this state, and who has not been granted a temporary license pursuant toW.S. 33-40-108(c);
(ii) Shall be granted to a person on inactive status pursuant toW.S. 33-40-110(b) for the purposes of W.S. 33-40-110(d);
(iii) May be granted to a person who has failed to renew alicense for more than five (5) years for the purposes of W.S. 33-40-110(e).
33-40-106. Requirements for licensure; continuing education.
(a) An applicant applying for a license as a registeredoccupational therapist or as a certified occupational therapy assistant shallfile a specified written application showing to the satisfaction of the boardthat the applicant:
(i) Has a good reputation for honesty, trustworthiness andcompetence in all matters relevant to practicing the profession of occupationaltherapist;
(ii) Has successfully completed the academic requirements inoccupational therapy in an approved program that is accredited by the committeeon allied health education and accreditation, American Medical Association incollaboration with the American Occupational Therapy Association, Inc. Thecertified occupational therapy assistant program shall be approved by theAmerican Occupational Therapy Association, Inc.;
(iii) Has successfully completed supervised fieldwork experiencearranged by the recognized educational institution where the applicant met theacademic requirements or by the nationally recognized professional association.For a registered occupational therapist, a minimum of twenty-four (24) weeks ofsupervised fieldwork experience is required. For a certified occupationaltherapy assistant, a minimum of eight (8) weeks of supervised fieldworkexperience is required; and
(iv) Has passed an examination as provided in W.S. 33-40-107.
(b) The board may establish continuing education requirementsfor an active license provided that:
(i) The requirement shall not be more than sixteen (16) contacthours of continuing education per year;
(ii) Continuing education taken any time in the three (3) yearspreceding the annual license renewal may be counted toward fulfilling therequirement but it shall not be counted more than once;
(iii) The board may allow other means of continuing education inplace of formal instruction; and
(iv) Persons licensed before July 1, 1992 shall not be requiredto complete continuing education requirements before July 1, 1994.
33-40-107. Examination for license of registered occupationaltherapists and certified occupational therapy assistants.
(a) Only a person satisfying the requirements of W.S.33-40-106(a)(i) through (iii) may apply for an examination as the board shallprescribe. A person who fails an examination may reapply under terms andconditions as the board may prescribe.
(b) Each applicant for licensure shall be given a writtenexamination on the basic and clinical sciences relating to occupationaltherapy, occupational therapy techniques and methods to determine theapplicant's fitness to practice. The board shall designate the examination forregistered occupational therapists and the examination for certifiedoccupational therapy assistants and shall establish standards for acceptableperformance.
(c) Examination shall be conducted as specified by the board atleast twice each year.
33-40-108. Waiver of requirements; license endorsement.
(a) The board shall grant a license to any person certifiedprior to July 1, 1992 as an occupational therapist registered (OTR) or as acertified occupational therapy assistant (COTA) by the American occupationaltherapy certification board (AOTCB). The board may waive the examination,education, or experience requirements and grant a license to any personcertified by the AOTCB after July 1, 1992, if the board determines therequirements for the certification are equivalent to the requirements forlicensure in this act.
(b) The board may waive the examination, education, orexperience requirements and grant a license to any applicant who presents proofof current licensure or regulation as a registered occupational therapist orcertified occupational therapy assistant in another state, the District ofColumbia, or territory of the United States whose standards for licensure orregulation are equivalent to or at least as stringent as the requirements forlicensure of this act.
(c) The board may establish provisions for a temporary licenseso an applicant may work during processing of the license application.
33-40-109. Issuance of license.
Theboard shall issue a license to any individual who meets the requirements ofthis act, upon payment of the prescribed license fee.
33-40-110. Renewal of license.
(a) Any license issued under this act shall be subject toannual renewal as provided by the board, however no late renewal of a licensemay be granted more than five (5) years after its expiration.
(b) The board shall grant inactive status to a licensee who:
(i) Does not practice as a registered occupational therapist ora certified occupational therapy assistant; and
(ii) Does not hold himself out as a registered occupationaltherapist or a certified occupational therapy assistant.
(c) A person on inactive status may return to active statuswithin five (5) years of being placed on inactive status by paying the annualrenewal fee.
(d) A person who has been on inactive status for more than five(5) years may obtain a license by:
(i) Practicing under a limited permit provided by W.S.33-40-105 for twelve (12) weeks. The board shall require evidence ofsatisfactory performance under the limited permit as a condition of obtaining alicense. The evidence shall include as a minimum a report from the registeredoccupational therapist supervising the practice of the person under a limitedpermit that the person's performance was satisfactory. If the person's performanceunder the limited permit was unsatisfactory, the board may require furtherpractice under a limited permit or additional education or both and meet otherstandards as prescribed by the board;
(ii) After three (3) years of experience with limited permits,the board may promulgate rules and regulations making necessary adjustment forthe effective implementation of the provisions for limited permits.
(e) A person who has failed to renew a license for more thanfive (5) years may obtain a license by practicing under a limited permitprovided by W.S. 33-40-105 for a period prescribed by the board which shall beat least twelve (12) weeks and not more than twenty-four (24) weeks. The boardshall require evidence of satisfactory performance and may impose additionalrequirements if performance was unsatisfactory in the same manner as providedby W.S. 33-40-110(d)(i).
33-40-111. Foreign trained applicants.
Occupationaltherapists and occupational therapy assistants trained outside of the UnitedStates and its possessions shall satisfy the examination requirements of W.S.33-40-106(a)(iv). The board shall require these applicants to meet thestandards established in W.S. 33-40-106(a)(i) through (iii).
33-40-112. Fees.
Theboard, pursuant to W.S. 33-1-201, shall prescribe fees for implementing thisact.
33-40-113. Suspension and revocation of license; refusal to renew.
(a) After the hearing authorized by subsection (b) of thissection, the board may deny a license or refuse to renew a license, maysuspend or revoke a license, or may impose probationary conditions if thelicensee or the applicant for a license has engaged in unprofessional conductwhich has endangered or is likely to endanger the health, welfare or safety ofthe public. For purposes of this section, unprofessional conduct includes:
(i) Obtaining a license by means of fraud, misrepresentation orconcealment of material facts;
(ii) Being guilty of unprofessional conduct as defined by therules established by the board, or violating the code of ethics adopted andpublished by the board;
(iii) Being convicted of a felony;
(iv) Being convicted of a misdemeanor which the board defines asbeing unprofessional in any court;
(v) Violating any lawful order, rule or regulation rendered oradopted by the board; and
(vi) Violating any provision of this act.
(b) A denial, refusal to renew, suspension, revocation orimposition of probationary conditions upon a license may be ordered by theboard after a hearing in the manner provided by the rules and regulationsadopted by the board. An application for reinstatement may be made to theboard one (1) year after the date of the revocation of a license. The boardmay accept or reject an application for reinstatement and may hold a hearing toconsider the reinstatement. Any person aggrieved by any final action of theboard may appeal to the district court under the provisions of the WyomingAdministrative Procedure Act, W.S. 16-3-101 through 16-3-115.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-40-114. Board of occupational therapy practice; established;compensation.
(a) There is established a board of occupational therapy withinthe department of administration and information. The board shall consist offive (5) members appointed by the governor, who are residents of Wyoming. Three(3) board members shall be registered occupational therapists who have beenengaged in providing occupational therapy services to the public, teaching orresearch in occupational therapy for at least five (5) years immediatelypreceding their appointments. One (1) board member shall be a certifiedoccupational therapy assistant who shall have been engaged in providingoccupational therapy services to the public, teaching or research inoccupational therapy for at least three (3) years immediately preceding hisappointment. A registered occupational therapist may be appointed to thisposition if no certified occupational therapy assistant is available andwilling to serve. These four (4) members shall at all times be holders of validlicenses under this act. The remaining member shall be a member of the publicwith an interest in the rights of the consumers of health services.
(b) By July 1, 1991 the governor shall appoint two (2) boardmembers for a term of one (1) year, two (2) board members for a term of two (2)years and one (1) for a term of three (3) years. Appointments made thereaftershall be for three (3) year terms. No person shall serve more than two (2)consecutive terms. Terms shall begin on the first day of the fiscal year andend on the last day of the fiscal year or until successors are appointed,except for the first appointed members who shall serve through the last fiscalday of the year in which they are appointed. Vacancies in the membership of theboard shall be filled for the unexpired term by the governor. The governor mayremove any board member as provided by W.S. 9-1-202.
(c) The board shall meet during the first month of each fiscalyear to select a chairman and for other purposes. At least one (1) additionalmeeting shall be held before the end of each fiscal year. Other meetings maybe convened at the call of the chairman or the written request of any two (2)board members. A majority of the members of the board shall constitute a quorumfor all purposes. All meetings of the board shall be governed in accordancewith W.S. 16-4-403. In addition the board may hold closed sessions:
(i) To approve examinations;
(ii) Upon request of an applicant who fails an examination, toprepare a response indicating any reason for the applicant's failure; or
(iii) To consider allegations or investigations of possibleunprofessional conduct as defined by W.S. 33-40-113.
(d) Members of the board shall receive per diem and mileage asprovided in W.S. 9-3-102.
33-40-115. Board of occupational therapy practice; powers and duties.
(a) The board shall administer the provisions of this act andmay investigate allegations of practices violating the provisions of this act.
(b) The board shall establish rules and regulations accordingto the Wyoming Administrative Procedure Act to carry out the purpose of thisact, including establishing rules for professional conduct, for professionallicensure and to establish ethical standards of practice for persons licensedto practice occupational therapy in Wyoming.
(c) The board may delegate its authority to issue temporarylicenses pursuant to W.S. 33-40-108(c) and limited permits pursuant to W.S.33-40-105 to the executive secretary of the board. The board may limit thedelegation or set forth any criteria for exercising the delegation as it deemsappropriate.
(d) The board may, with the approval and assistance of theattorney general, petition the district court in the name of the state ofWyoming to enjoin:
(i) Any person from continuing to violate W.S. 33-40-103;
(ii) Any person or other entity from advertising or claiming toprovide occupational therapy services in this state when the services are notor will not be provided by a person licensed under this act.
33-40-116. Board of occupational therapy practices employees; funds.
Theboard shall appoint or contract an executive secretary and other individualsdeemed necessary to administer the affairs of the board and shall furnishnecessary support and clerical services. Costs related to these services shallbe paid from the funds of the Wyoming board of occupational therapy.
33-40-117. Penalties.
Anyperson who violates any provision of W.S. 33-40-103 is guilty of a misdemeanorpunishable by imprisonment of not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.