2005 Arizona Revised Statutes - Revised Statutes §32-3401  Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of occupational therapy examiners.

2. "Consultation" means the act or procedure of exchanging ideas or information or providing professional advice.

3. "Direct supervision" means that the supervising occupational therapist is on the premises at all times while a limited permittee is performing occupational therapy services or when an unlicensed person is performing authorized tasks.

4. "Evaluation" means the assessment of treatment needs within the scope of practice of occupational therapy. Evaluation does not include making a medical diagnosis.

5. "Occupational therapist" means a person licensed pursuant to this chapter to practice occupational therapy.

6. "Occupational therapy" means the use of occupational therapy services with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, socioeconomic and cultural differences or the aging process in order to achieve optimum functional performance, maximize independence, prevent disability and maintain health including evaluation, treatment and consultation.

7. "Occupational therapy assistant" means a person who is licensed pursuant to this chapter, who is a graduate of an accredited occupational therapy education program or the equivalent, who assists in the practice of occupational therapy and who performs delegated procedures commensurate with his education and training.

8. "Occupational therapy services" includes the following:

(a) Evaluation and development of and training in activities of daily living and social skills. Treatment modalities for occupational therapy may include play, self-help skills, work and related activities.

(b) Evaluation and facilitation of developmental, perceptual-motor, neuromuscular and sensory-integrative function.

(c) Enhancement of functional achievement, prevocational skills and work capabilities through the use of therapeutic, kinetic, functional, manual and creative activities or exercises.

(d) Evaluation, design and fabrication of and training the individual in the use of selective orthotic, prosthetic and adaptive devices, as appropriate.

(e) Administration and interpretation of standardized and nonstandardized tests, including manual muscle, sensory and range of motion, performed within the practice of occupational therapy as an aid to treatment.

(f) Assessment and adaptation of environments for individuals with handicaps and those at risk for dysfunction.

9. "Unprofessional conduct" includes the following acts:

(a) Habitual intemperance in the use of alcohol.

(b) Habitual use of narcotic or hypnotic drugs.

(c) Gross incompetence, repeated incompetence or incompetence resulting in injury to a patient.

(d) Having professional connection with or lending the name of the licensee to an illegal practitioner of occupational therapy or any of the other healing arts.

(e) Failing to refer a patient whose condition is beyond the training or ability of the occupational therapist to another professional qualified to provide such service.

(f) Immorality or misconduct that tends to discredit the occupational therapy profession.

(g) Censure of a licensee or refusal, revocation, suspension or restriction of a license to practice occupational therapy by any other state, territory, district or country, unless it can be shown that this was not occasioned by reasons which relate to the ability to safely and skillfully practice occupational therapy or to any act of unprofessional conduct prescribed in this paragraph.

(h) Any conduct or practice contrary to recognized standards of ethics of the occupational therapy profession, any conduct or practice which does or might constitute a danger to the health, welfare or safety of the patient or the public, or any conduct, practice or condition which does or might impair the licensee's ability to safely and skillfully practice occupational therapy.

(i) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this chapter.

(j) Charging or collecting a clearly excessive fee.

(k) Sexually inappropriate conduct with a patient. For the purposes of this subdivision, "sexually inappropriate conduct" includes:

(i) Engaging in sexual intercourse or oral-genital contact with a patient.

(ii) Inappropriately touching a patient's genital area.

(iii) Suggesting a sexual relationship with a current patient.

(l) Knowingly making a false or misleading statement to the board on a license application or renewal form required by the board or any other verbal or written communications directed to the board or its staff.

(m) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence that the felony or misdemeanor was committed.

(n) Violating a board rule that is directly related to the practice of occupational therapy.