2005 South Carolina Code of Regulations § 94-10. — Code of Ethics.
(Unannotated)
Current through State Register Volume 29, Issue 10, effective October 28, 2005.
This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.
CHAPTER 94.
DEPARTMENT OF LABOR, LICENSING AND REGULATION-- SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY
(Statutory Authority: 1976 Code Sections 40-36-10 et seq.)
ARTICLE 1.
DEFINITIONS
94-01. Definitions.
Definitions found in Section 40-36-20 apply to this chapter.
(1) "Continuing education" means an organized educational program designed to expand a licensee's knowledge base beyond the basic entry-level educational requirements for occupational therapists and occupational therapy assistants. Course content must relate to health care whether the subject is research, treatment, documentation, education, or management.
(2) "One contact hour" is fifty (50) minutes of instruction or organized learning.
ARTICLE 2.
OFFICERS OF THE BOARD; MEETINGS
94-02. Officers of Board.
At the first meeting of each calendar year, the Board shall elect from among its members a chairman, vice-chairman, and other officers as the Board determines necessary.
94-03. Meetings.
(1) The Board shall meet at least two (2) times a year and at other times upon the call of the chairman or a majority of the Board members.
(2) A majority of the members of the Board constitutes a quorum; however, if there is a vacancy on the Board, a majority of the members serving constitutes a quorum.
(3) Board members are required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the Board as provided in Section 1-3-240.
ARTICLE 3.
LICENSING PROVISIONS
94-04. General Licensing Provisions for Occupational Therapists.
An applicant for initial licensure as an occupational therapist must:
(1) be a graduate of an occupational therapy educational program approved by the Board; and
(2) submit proof satisfactory to the Board of successful completion of a minimum of six (6) months of supervised field experience at a facility approved by the educational institution where the applicant met the academic requirements; and
(3) submit an application on a form approved by the Board, along with the required fee; and
(4) pass an examination approved by the Board; and
(5) submit proof satisfactory to the Board that the applicant is in good standing with the National Board for Certification in Occupational Therapy (NBCOT) or other Board-approved certification program.
94-05. General Licensing Provisions for Occupational Therapy Assistants.
An applicant for initial licensure as an occupational therapy assistant must:
(1) be a graduate of an occupational therapy assistant program approved by the Board; and
(2) submit proof satisfactory to the Board of successful completion of a minimum of two (2) months of supervised field experience at a facility approved by the educational institution where the applicant met the academic requirements; and
(3) submit an application on a form approved by the Board, along with the required fee; and
(4) pass an examination approved by the Board; and
(5) submit proof satisfactory to the Board that the applicant is in good standing with the National Board for Certification in Occupational Therapy (NBCOT) or other Board-approved certification program.
94-06. Licensure by Endorsement.
An applicant for licensure as an occupational therapist or occupational therapy assistant by endorsement must:
(1) hold a current, active, and unrestricted license under the laws of another state or territory that had requirements that were, at the date of licensure, equivalent to the requirements in effect at the time of application in South Carolina; and
(2) submit proof satisfactory to the Board of current certification in good standing with the National Board for Certification in Occupational Therapy (NBCOT) or other Board-approved certification program; and
(3) submit an application on forms approved by the Board, with the required fee.
94-07. Reactivation of Inactive or Lapsed Licenses.
(1) An occupational therapist or occupational therapy assistant whose license has been inactive or lapsed for three (3) years but less than five (five) years may reactivate the license by applying to the Board, demonstrating evidence satisfactory to the Board on a form approved by the Board of five hundred (500) hours of clinical practice under the on-site supervision of an occupational therapist, and paying the reactivation fee.
(2) An occupational therapist or occupational therapy assistant whose license has been inactive or lapsed for five (5) years but less than ten (10) years may reactivate the license by applying to the Board, demonstrating evidence satisfactory to the Board of no less than seven hundred fifty (750) hours under the on-site supervision of an occupational therapist licensed in this State, successful completion of a course(s) approved by the Board, and paying the reactivation fee.
(3) An occupational therapist or occupational therapy assistant whose license has been inactive or lapsed for ten (10) years or more may reactivate the license by applying to the Board, demonstrating evidence satisfactory to the Board of no less than one thousand (1000) hours under the on-site supervision of an occupational therapist licensed in this State, successfully passing an examination administered or approved by the Board, and paying the reactivation fee.
ARTICLE 4.
CONTINUING EDUCATION
94-08. Continuing Education.
Continuing education requirements become effective upon approval by the Governor and must first be reported beginning in 2003 and thereafter.
(1) Every licensed occupational therapist and occupational therapy assistant shall earn sixteen (16) contact hours of acceptable continuing education credit per biennium year. Of the sixteen (16) contact hours, eight (8) must be related to direct patient care. The remaining eight (8) contact hours may be in any area directly related to health care, subject to Board approval, including, but not limited to supervision, education, documentation, quality assurance, and administration.
(2) Standards for approval of continuing education. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit:
(a) it constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee; and
(b) it pertains to common subjects or other subject matters which integrally relate to the practice of occupational therapy; and
(c) it is conducted by individuals who have a special education, training, and experience by reason of which said individuals should be considered experts concerning the subject matter of the program and is accompanied by a paper, manual, or outline which substantively pertains to the subject matter of the program and reflects program schedule, including:
(i) fulfilling stated program goals or objectives, or both;
(ii) providing proof of attendance to include original certificate with participant's name, date, place, course title, presenter(s), and number of program contact hours; and
(d) the Board will not grant prior approval but each licensee will be responsible for ensuring that each course submitted for continuing education credit meets these standards.
(3) Acceptable professional continuing education activities include any activity relevant to the practice of occupational therapy that can be deemed to update or enhance knowledge and skills required for competent performance beyond entry level. Such activities include in-service education (limited to four (4) hours), conferences, workshops, seminars, and formal academic education.
(4) Instructors may receive up to eight (8) contact hours per biennial year of continuing education credit for preparing and teaching courses within the scope of practice without prior approval of the Board. Instructors shall only receive credit for teaching one (1) time per course per renewal period.
(5) Report Requirements:
(a) reports shall be submitted on forms provided by the Board. The Board shall routinely distribute its continuing education report forms with the biennial renewal notice; and
(b) by signing the biennial report of continuing education, the licensee signifies that the report is true and accurate; and
(c) licensees shall retain original corroborating documentation of their continuing education courses and official transcripts of college course work with a passing grade of C or better for no less than three (3) years from the beginning date of the licensure period.
(6) Audit of continuing competency:
(a) each licensee shall be responsible for maintaining sufficient records in a format determined by the Board; and
(b) these records shall be subject to a random audit by the Board to assure compliance with this section; and
(c) the Board may audit a percentage of the continuing education reports.
(7) In the event of denial, in whole or part, of credit for continuing education activity, the licensee shall have the right to request a hearing in accordance with the Administrative Procedures Act.
ARTICLE 5.
FEES
94-09. Fees.
Fees are as follows:
(1) Application fee
(a) occupational therapist $135.00
(b) occupational therapy assistant $115.00
(2) Biennial license renewal
(a) occupational therapist $100.00
(b) occupational therapy assistant $ 80.00
(3) Late Renewal Penalty (per day-not to exceed 30 $ 10.00
days)
(4) Reactivation (Inactive to Active)
(a) occupational therapist $ 25.00 per year of
inactivity not to
exceed $300 + renewal
fee
(b) occupational therapy assistant $ 20.00 per year of
inactivity not to
exceed $300 + renewal
fee
(5) Reactivation (lapsed to active) $300.00 - renewal fee
(6) License verification to another state $ 15.00
(7) Name change and new license $ 10.00
(8) Duplicate license $ 10.00
(9) Duplicate certificate $ 10.00
(10) Returned check charge $ 20.00
(11) Temporary License Fee $ 10.00
ARTICLE 6.
CODE OF ETHICS
94-10. Code of Ethics.
Principle 1: Occupational Therapy personnel shall demonstrate a concern for the well-being of the recipients of their services.
(a) Occupational Therapy personnel shall provide services in an equitable manner for all individuals.
(b) Occupational Therapy personnel shall maintain relationships that do not exploit the recipient of services sexually, physically, emotionally, financially, socially, or in any other manner. Occupational Therapy personnel shall avoid those relationships or activities that interfere with professional judgment and objectivity.
(c) Occupational Therapy personnel shall take all reasonable precautions to avoid harm to the recipient of services or to his or her property.
(d) Occupational Therapy personnel shall strive to ensure that fees are fair, reasonable, and commensurate with the service performed and are set with due regard for the service recipient's ability to pay.
Principle 2: Occupational Therapy personnel shall respect the rights of the recipients of their services.
(a) Occupational Therapy personnel shall collaborate with service recipients or their surrogate(s) in determining goals and priorities throughout the intervention process.
(b) Occupational Therapy personnel shall fully inform the service recipients of the nature, risks, and potential outcomes of any interventions.
(c) Occupational Therapy personnel shall obtain informed consent from subjects involved in research activities indicating they have been fully advised of the potential risks and outcomes.
(d) Occupational Therapy personnel shall respect the individual's right to refuse professional services or involvement in research or educational activities.
(e) Occupational Therapy personnel shall protect the confidential nature of information gained from educational, practice, research, and investigational activities.
Principle 3: Occupational Therapy personnel shall achieve and continually maintain high standards of competence.
(a) Occupational Therapy practitioners shall hold the appropriate national and state credentials for providing services.
(b) Occupational Therapy personnel shall use procedures that conform to the Standards of Practice of the American Occupational Therapy Association.
(c) Occupational Therapy personnel shall take responsibility for maintaining competence by participating in professional development and education activities.
(d) Occupational Therapy personnel shall perform their duties on the basis of accurate and current information.
(e) Occupational Therapy practitioners shall protect service recipients by ensuring that duties assumed by or assigned to other Occupational Therapy personnel are commensurate with their qualifications and experience.
(f) Occupational Therapy practitioners shall provide appropriate supervision to individuals for whom the practitioners have supervisory responsibility.
(g) Occupational Therapists shall refer recipients to other service providers or consult with other service providers when additional knowledge and expertise are required.
Principle 4: Occupational Therapy personnel shall comply with local, state, and federal laws guiding the profession of occupational therapy.
(a) Occupational Therapy personnel shall understand and abide by local, state, and federal laws.
(b) Occupational Therapy personnel shall inform employers, employees, and colleagues about those laws that apply to the profession of occupational therapy.
(c) Occupational Therapy practitioners shall require those they supervise in occupational therapy related activities to adhere to the code of ethics.
(d) Occupational Therapy personnel shall accurately record and report all information related to professional activities.
Principle 5: Occupational Therapy personnel shall provide accurate information about occupational therapy services.
(a) Occupational Therapy personnel shall accurately represent their qualifications, education, experience, training, and competence.
(b) Occupational Therapy personnel shall disclose any affiliations that may pose a conflict of interest.
(c) Occupational Therapy personnel shall refrain from using or participating in the use of any form of communication that contains false, fraudulent, deceptive, or unfair statements or claims.
Principle 6: Occupational Therapy personnel shall treat colleagues and other professionals with fairness, discretion, and integrity.
(a) Occupational Therapy personnel shall safeguard confidential information about colleagues and staff members.
(b) Occupational Therapy personnel shall accurately represent the qualifications, views, contributions, and findings of their colleagues.
(c) Occupational Therapy personnel should report any breaches of the code of ethics to the Board of Occupational Therapy.
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