2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 40 - Occupational Therapy Practice

CHAPTER 40 - OCCUPATIONAL THERAPY PRACTICE

 

33-40-101. Short title.

 

This act is the "Occupational Therapy Practice Act".

 

33-40-102. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the board of occupational therapy within the department of administration and information established by W.S. 33-40-114;

 

(ii) "Certified occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy, under this act, and who works under the supervision of a registered occupational therapist;

 

(iii) "Occupational therapy" is the use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities or the aging process in order to maximize independence, prevent disability and maintain health. The practice encompasses evaluation, treatment and consultation. Specific occupational therapy services include but are not limited to the following services provided individually, in groups or through social systems:

 

(A) Teaching daily living skills;

 

(B) Developing perceptual-motor skills and sensory integrative functioning;

 

(C) Developing play skills and prevocational and leisure capacities;

 

(D) Assessing the need for designing, fabricating, training in the use of or applying selected orthotic devices or selective adaptive equipment;

 

(E) Assessing the need for and training in the use of prosthetic devices;

 

(F) Using specifically designed crafts and exercises to enhance functional performance;

 

(G) Administering and interpreting tests such as manual muscle and range of motion; and

 

(H) Adapting environments for the handicapped.

 

(iv) "Registered occupational therapist" means a person licensed to practice occupational therapy under this act;

 

(v) "This act" means W.S. 33-40-101 through 33-40-117.

 

33-40-103. License required.

 

 

(a) Effective on July 1, 1992, no person shall hold himself out as an occupational therapist, registered occupational therapist, occupational therapy assistant or certified occupational therapy assistant or as being able to practice occupational therapy in Wyoming unless he is licensed under this act.

 

(b) Nothing in this act shall be construed as preventing or restricting the services or activities of persons under the direction of a licensed 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 or restricting the practice, services or activities of:

 

(i) Any person solely employed as an occupational therapist or occupational therapy assistant by any agency of the United States government;

 

(ii) Any person pursuing a degree or certificate in occupational therapy at an accredited or board approved program when the person is designated by title clearly indicating his status as a student or trainee;

 

(iii) Any person engaged in the supervised fieldwork to complete the necessary requirements of W.S. 33-40-106(a)(iii);

 

(iv) Any person performing occupational therapy services for no more than forty-five (45) days in a calendar year in association with an occupational therapist licensed under this act, if:

 

(A) The person is licensed or regulated under the law of another state which has licensure or regulatory requirements at least as stringent as the requirements of this act;

 

(B) The person meets the requirements for certification as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA), established by the American occupational therapy certification board.

 

33-40-105. Limited permit.

 

 

(a) A limited permit may be granted to allow a person to practice occupational therapy under the general supervision of a registered occupational therapist. This permit shall expire six (6) months after issuance when the person is issued a license under W.S. 33-40-109. The limited permit may be renewed once. The limited permit:

 

(i) May be granted to a person who has completed the educational and experience requirements of this act, who is seeking licensure in this state, and who has not been granted a temporary license pursuant to W.S. 33-40-108(c);

 

(ii) Shall be granted to a person on inactive status pursuant to W.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 a license 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 registered occupational therapist or as a certified occupational therapy assistant shall file a specified written application showing to the satisfaction of the board that the applicant:

 

(i) Has a good reputation for honesty, trustworthiness and competence in all matters relevant to practicing the profession of occupational therapist;

 

(ii) Has successfully completed the academic requirements in occupational therapy in an approved program that is accredited by the committee on allied health education and accreditation, American Medical Association in collaboration with the American Occupational Therapy Association, Inc. The certified occupational therapy assistant program shall be approved by the American Occupational Therapy Association, Inc.;

 

(iii) Has successfully completed supervised fieldwork experience arranged by the recognized educational institution where the applicant met the academic requirements or by the nationally recognized professional association. For a registered occupational therapist, a minimum of twenty-four (24) weeks of supervised fieldwork experience is required. For a certified occupational therapy assistant, a minimum of eight (8) weeks of supervised fieldwork experience is required; and

 

(iv) Has passed an examination as provided in W.S. 33-40-107.

 

(b) The board may establish continuing education requirements for an active license provided that:

 

(i) The requirement shall not be more than sixteen (16) contact hours of continuing education per year;

 

(ii) Continuing education taken any time in the three (3) years preceding the annual license renewal may be counted toward fulfilling the requirement but it shall not be counted more than once;

 

(iii) The board may allow other means of continuing education in place of formal instruction; and

 

(iv) Persons licensed before July 1, 1992 shall not be required to complete continuing education requirements before July 1, 1994.

 

33-40-107. Examination for license of registered occupational therapists 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 shall prescribe. A person who fails an examination may reapply under terms and conditions as the board may prescribe.

 

(b) Each applicant for licensure shall be given a written examination on the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods to determine the applicant's fitness to practice. The board shall designate the examination for registered occupational therapists and the examination for certified occupational therapy assistants and shall establish standards for acceptable performance.

 

(c) Examination shall be conducted as specified by the board at least twice each year.

 

33-40-108. Waiver of requirements; license endorsement.

 

 

(a) The board shall grant a license to any person certified prior to July 1, 1992 as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American occupational therapy certification board (AOTCB). The board may waive the examination, education, or experience requirements and grant a license to any person certified by the AOTCB after July 1, 1992, if the board determines the requirements for the certification are equivalent to the requirements for licensure in this act.

 

(b) The board may waive the examination, education, or experience requirements and grant a license to any applicant who presents proof of current licensure or regulation as a registered occupational therapist or certified occupational therapy assistant in another state, the District of Columbia, or territory of the United States whose standards for licensure or regulation are equivalent to or at least as stringent as the requirements for licensure of this act.

 

(c) The board may establish provisions for a temporary license so an applicant may work during processing of the license application.

 

33-40-109. Issuance of license.

 

The board shall issue a license to any individual who meets the requirements of this act, upon payment of the prescribed license fee.

 

33-40-110. Renewal of license.

 

 

(a) Any license issued under this act shall be subject to annual renewal as provided by the board, however no late renewal of a license may 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 or a certified occupational therapy assistant; and

 

(ii) Does not hold himself out as a registered occupational therapist or a certified occupational therapy assistant.

 

(c) A person on inactive status may return to active status within five (5) years of being placed on inactive status by paying the annual renewal 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 of satisfactory performance under the limited permit as a condition of obtaining a license. The evidence shall include as a minimum a report from the registered occupational therapist supervising the practice of the person under a limited permit that the person's performance was satisfactory. If the person's performance under the limited permit was unsatisfactory, the board may require further practice under a limited permit or additional education or both and meet other standards 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 for the effective implementation of the provisions for limited permits.

 

(e) A person who has failed to renew a license for more than five (5) years may obtain a license by practicing under a limited permit provided by W.S. 33-40-105 for a period prescribed by the board which shall be at least twelve (12) weeks and not more than twenty-four (24) weeks. The board shall require evidence of satisfactory performance and may impose additional requirements if performance was unsatisfactory in the same manner as provided by W.S. 33-40-110(d)(i).

 

33-40-111. Foreign trained applicants.

 

Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall satisfy the examination requirements of W.S. 33-40-106(a)(iv). The board shall require these applicants to meet the standards established in W.S. 33-40-106(a)(i) through (iii).

 

33-40-112. Fees.

 

The board, pursuant to W.S. 33-1-201, shall prescribe fees for implementing this act.

 

33-40-113. Suspension and revocation of license; refusal to renew.

 

(a) After the hearing authorized by subsection (b) of this section, the board may deny a license or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions if the licensee or the applicant for a license has engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. For purposes of this section, unprofessional conduct includes:

 

(i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

 

(ii) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;

 

(iii) Being convicted of a felony;

 

(iv) Being convicted of a misdemeanor which the board defines as being unprofessional in any court;

 

(v) Violating any lawful order, rule or regulation rendered or adopted by the board; and

 

(vi) Violating any provision of this act.

 

(b) A denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the board after a hearing in the manner provided by the rules and regulations adopted by the board. An application for reinstatement may be made to the board one (1) year after the date of the revocation of a license. The board may accept or reject an application for reinstatement and may hold a hearing to consider the reinstatement. Any person aggrieved by any final action of the board may appeal to the district court under the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.

 

(c) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-40-114. Board of occupational therapy practice; established; compensation.

 

(a) There is established a board of occupational therapy within the department of administration and information. The board shall consist of five (5) members appointed by the governor, who are residents of Wyoming. Three (3) board members shall be registered occupational therapists who have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least five (5) years immediately preceding their appointments. One (1) board member shall be a certified occupational therapy assistant who shall have been engaged in providing occupational therapy services to the public, teaching or research in occupational therapy for at least three (3) years immediately preceding his appointment. A registered occupational therapist may be appointed to this position if no certified occupational therapy assistant is available and willing to serve. These four (4) members shall at all times be holders of valid licenses under this act. The remaining member shall be a member of the public with an interest in the rights of the consumers of health services.

 

(b) By July 1, 1991 the governor shall appoint two (2) board members 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 thereafter shall 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 and end 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 fiscal day of the year in which they are appointed. Vacancies in the membership of the board shall be filled for the unexpired term by the governor. The governor may remove any board member as provided by W.S. 9-1-202.

 

(c) The board shall meet during the first month of each fiscal year to select a chairman and for other purposes. At least one (1) additional meeting shall be held before the end of each fiscal year. Other meetings may be 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 quorum for all purposes. All meetings of the board shall be governed in accordance with 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, to prepare a response indicating any reason for the applicant's failure; or

 

(iii) To consider allegations or investigations of possible unprofessional conduct as defined by W.S. 33-40-113.

 

(d) Members of the board shall receive per diem and mileage as provided 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 and may investigate allegations of practices violating the provisions of this act.

 

(b) The board shall establish rules and regulations according to the Wyoming Administrative Procedure Act to carry out the purpose of this act, including establishing rules for professional conduct, for professional licensure and to establish ethical standards of practice for persons licensed to practice occupational therapy in Wyoming.

 

(c) The board may delegate its authority to issue temporary licenses 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 the delegation or set forth any criteria for exercising the delegation as it deems appropriate.

 

(d) The board may, with the approval and assistance of the attorney general, petition the district court in the name of the state of Wyoming to enjoin:

 

(i) Any person from continuing to violate W.S. 33-40-103;

 

(ii) Any person or other entity from advertising or claiming to provide occupational therapy services in this state when the services are not or will not be provided by a person licensed under this act.

 

33-40-116. Board of occupational therapy practices employees; funds.

 

The board shall appoint or contract an executive secretary and other individuals deemed necessary to administer the affairs of the board and shall furnish necessary support and clerical services. Costs related to these services shall be paid from the funds of the Wyoming board of occupational therapy.

 

33-40-117. Penalties.

 

Any person who violates any provision of W.S. 33-40-103 is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.