DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
OCCUPATIONAL THERAPISTS – GENERAL RULES
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16141, 16145, 16148, 16174, 16175, 16178, 16186, 16186a, 16204, 16205, 16215, 16287, 18307, 18309, and 18313 of the public health code, 1978 PA 368, MCL 333.16141, 333.16145, 333.16148, 333.16174, 333.16175, 333.16178, 333.16186, 333.16186a, 333.16204, 333.16205, 333.16215, 333.16287, 333.18307, 333.18309, and 333.18313, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.1211, R 338.1215, R 338.1221, R 338.1223, R 338.1226, R 338.1227, R 338.1228, R 338.1229, R 338.1229a, R 338.1231, R 338.1233, R 338.1235, R 338.1236, R 338.1237, R 338.1241, R 338.1251, and R 338.1252 of the Michigan Administrative Code are amended, R 338.1221a and R 338.1231a are added, and R 338.1212, R 338.1224, R 338.1225, R 338.1234, R 338.1234a, and R 338.1243 are rescinded, as follows:
PART 1. GENERAL PROVISIONS
R 338.1211 Definitions.
Rule 11. (1) As used in these rules:
(a) “ACOTE” means Accreditation Council
for Occupational Therapy Education.
(b) “AOTA” means American Occupational Therapy Association.
(c) "Board" means the Michigan board of occupational therapists.
(d) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(e) "Department" means the department of licensing and regulatory affairs.
(f) “Direct supervision” means that the occupational therapist is physically present or present via telemedicine with the individual being supervised or immediately available for direction and onsite supervision when the limited assessment, task, intervention, or interaction with the client is performed.
(g) “General supervision” means that the occupational therapist is not required to be physically present on site or present during a telemedicine visit but is continuously available when the limited assessment, task, intervention, or interaction with the client is performed. Continuously available includes availability by telecommunication or another electronic device.
(h) “IACET” means International Accreditors for Continuing Education and Training.
(h)(i) “NBCOT” means
National Board for Certification in Occupational Therapy.
(i) (j) “WFOT” means World Federation of Occupational Therapists.
(2) Unless otherwise defined in these rules, the terms defined in the code have the same meaning when used in these rules.
PART 2. GENERAL
PROVISIONS
R 338.1212 Grounds for disciplinary action. Rescinded.
R 338.1215 Training standards for identifying victims of human trafficking;
requirements.
Rule 15. (1) Under section 16148 of the
code, MCL 333.16148, an individual seeking licensure or that who is
licensed shall have completed training in identifying victims of human
trafficking that satisfies the following standards:
(a) Training content must cover all of the following:
(i) Understanding the types and venues of human trafficking in the United States.
(ii) Identifying victims of human trafficking in healthcare settings.
(iii) Identifying the warning signs of human trafficking in healthcare settings for adults and minors.
(iv) Identifying resources for reporting suspected victims of human trafficking.
(b) Acceptable providers or methods of training including any of the following:
(i) Training offered by a nationally recognized or state-recognized, health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training in an educational program that has been approved by the advisory committee for initial license or registration, or by a college or university.
(iv) Reading an article related to the identification of human trafficking that meets the requirements of subdivision (a) of this subrule and is published in a peer-review journal, healthcare journal, or professional or scientific article.
(c) Acceptable modalities of training including any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit an individual and request documentation of proof of completion of training. If audited by the department, the individual shall provide an acceptable proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and the individual’s name.
(b) A self-certification statement by the individual. The certification statement must include the individual’s name and 1 of the following:
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of the article, author, publication name of the peer-review journal, healthcare journal, or professional or scientific journal, and the date, volume, and issue of publication, as applicable.
PART 3 2.
OCCUPATIONAL THERAPISTS
SUBPART A. EDUCATIONAL STANDARDS AND EXAMINATION APPROVAL AND ADOPTION
R 338.1221 Educational program standards; occupational therapist; adoption by
reference.
Rule 21. (1) The
board approves and adopts by reference the standards for accrediting
occupational therapist educational programs in the documents entitled "2018
2023 Accreditation Council for Occupational Therapy Education (ACOTE)
Standards and Interpretive Guide," adopted by ACOTE, which were effective
July 31, 2020 2025. Copies of these standards are available at no
cost from the ACOTE website at https://acoteonline.org/accreditation-explained/standards/. Copies of the standards are also available for
inspection and distribution at 10 25 cents per page from the
Michigan Board of Occupational Therapists, Bureau of Professional Licensing,
Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box
30670, Lansing, Michigan 48909.
(2) Any
educational program for occupational therapists that is accredited by the ACOTE
qualifies as an occupational therapist educational program approved by the
board.
(3) (2)
The board approves and adopts by reference the standards in the document
entitled "Minimum Standards for the Education of Occupational Therapists,
Revised 2016” published by the WFOT. Copies of these standards are available at
no cost on the WFOT website at http://www.wfot.org. The standards
are also available for inspection and distribution at 10 25 cents
per page from the Michigan Board of Occupational Therapists, Bureau of
Professional Licensing, Department of Licensing and Regulatory Affairs, 611
West Ottawa, P.O. Box 30670, Lansing, Michigan 48909.
(4)(3)
Any An educational program for occupational therapists that is accredited
by the ACOTE or its predecessor organization is approved by the board. An
educational program for occupational therapists that is approved by the
WFOT or its predecessor organization qualifies as an occupational
therapist educational program is approved by the board. An
occupational therapist educational program that is not accredited by the ACOTE
and not approved by the WFOT, or either of their predecessor organizations, may
be approved by the board if the board determines that it is substantially
equivalent to a program accredited by the ACOTE or approved by the WFOT, or either
of their predecessor organizations.
(5)(4)
Any bachelor’s level educational program for occupational therapists that was
operating before December 31, 2006, and accredited by the ACOTE or approved by
the WFOT qualifies as an occupational therapist educational program approved by
the board.
R 338.1221a Examination; adoption and approval; passing scores.
Rule 21a. The board approves and adopts the certification examination for occupational therapists that was developed, administered, and scored by the NBCOT as the licensure examination for occupational therapists in this state. The board adopts the passing score recommended by the NBCOT for the certification examination.
SUBPART B. LICENSURE
R 338.1223 Application
for Initial occupational therapist license; requirements.
Rule 23. An
applicant for an initial occupational therapist license shall submit the
required fee and a completed application on a form provided by the department.
In addition to meeting the requirements of the code, R 338.7001 to R
338.7005, any other and the rules promulgated under the code, and
section 16174 of the code, MCL 333.16174, an applicant shall meet all of
the following requirements:
(a) Graduate Complete
from an occupational therapist education program that is
accredited by the ACOTE or approved by the WFOT, or their predecessor
organizations, that meets the standards adopted by the board under R
338.12221221 or meets the requirements of R 338.1225.
(b) Not more
than Within 3 years before the application for licensure and
not more than 2 years after applying the application for
licensure, the an applicant shall pass the occupational therapist
licensure examination adopted in R 338.1224 338.1221a.
(c) Within 3
years before the application for licensure and not more than 2 years after the
application for licensure, the applicant shall pass the examination on laws and
rules related to the practice of occupational therapy in this state that is
developed and administered by the department, or an entity approved by the
department.
(d)(c)
Disclose on the application form each license, registration, or certification
in a health profession or specialty issued by another state, the United States
military, the federal government, or another country.
(e)(d)
Satisfy the requirements of section 16174(2) of the code, MCL 333.16174,
including verification from the issuing entity showing that disciplinary
proceedings are not pending against the applicant and sanctions are not in
force at the time of application.
R 338.1224 Examinations;
occupational therapist; adoption and approval; passing scores. Rescinded.
Rule 24. (1) The board approves and
adopts the certification examination for occupational therapists that was
developed, administered, and scored by the NBCOT as the licensure examination
for occupational therapists in this state. The board shall adopt the passing
score recommended by the NBCOT for the certification examination.
(2) The board approves the examination
on laws and rules related to the practice of occupational therapy in this state
that is developed and administered by the department, or an entity approved by
the department. The passing score on the laws and rules examination is a
converted score of not less than 75.
(3) An applicant that fails to achieve a
passing score on the examination required in subrule (2) of this rule may
retake the examination without limitation.
R 338.1225 Graduate
of non-accredited postsecondary institution; occupational
therapist; establishing equivalency of education; NBCOT examination.
Rescinded.
Rule 25. An
applicant for initial licensure as an occupational therapist, who has
completed an occupational therapist license who graduated from a
non-accredited postsecondary institution shall submit the
required fee and a completed application on a form provided by the department.
In addition to meeting the requirements of the code, R 338.7001 to R 338.7005,
any other rules promulgated under the code, and section 16174 of the code, MCL 333.16174,
an applicant shall meet all of the following requirements:
(a) Establish to the board that the
applicant completed an occupational therapist educational program that is
substantially equivalent to an occupational therapist program that is
accredited by the ACOTE or approved by the WFOT, as provided in R 338.1222.
(b) Have documentation sent directly to
the department from the NBCOT verifying the applicant passed the NBCOT
certification examination for occupational therapists adopted in R 338.1224
within 3 years before the application for licensure and not more than 2 years
after the application for licensure.
(c) Within 3 years before the
application for licensure and not more than 2 years after the application for
licensure, the applicant shall pass the examination on laws and rules related
to the practice of occupational therapy in this state that is developed and
administered by the department, or an entity approved by the department.
(d) Disclose on the application form
each license, registration, or certification in a health profession or
specialty issued by another state, the United States military, the federal
government, or another country.
(e) Satisfy the requirements of section
16174(2) of the code, MCL 333.16174, including verification from the issuing
entity showing that disciplinary proceedings are not pending against the
applicant and sanctions are not in force at the time of application.
R 338.1226 Licensure by endorsement; occupational therapist; requirements.
Rule 26. (1) An
applicant for an occupational therapist license by endorsement shall submit the
required fee and a completed application on a form provided by the department. In
addition to meeting the requirements of the code, and the rules promulgated
under the code, An an applicant meets the requirements of
section 16186 of the code, MCL 333.16186, if the applicant meets the
requirements of the code, R 338.7001 to R 338.7005, any other rules promulgated
under the code, and section 16174 of the code, MCL 333.16174, and satisfies
shall satisfy the following requirements, as applicable.
(a) Hold an active registration or license in good standing in another state or active license in good standing in a province of Canada within 30 days before applying for licensure by endorsement.
(a)(b)
Have previously taken and passed the NBCOT certification examination for
occupational therapists with a score adopted by the board under R 338.1224(1)1221a
or the predecessor examination that was administered by the AOTA.
(b) Within 3
years preceding the application for endorsement and not more than 2 years after
the application for endorsement, the applicant must pass the examination on
state laws and rules related to the practice of occupational therapy that is
developed and administered by the department or an entity approved by the
department with a minimum converted score of 75.
(a) Hold the active registration or licensee in good standing in another state or active license in good standing in a province of Canada within 30 days before applying for licensure by endorsement.
(a)(b)
Graduate from Have successfully completed an occupational
therapist education program that is accredited by the ACOTE, or approved by
the WFOT, or their predecessor organizations that meets the standards
adopted by the board in R 338.12221221.
(b) Meet the
requirements of subrule (2) of this rule.
(c) Have taken and passed the NBCOT certification examination for occupational therapists with a score adopted by the board under R 338.1221a or the predecessor examination that was administered by the AOTA.
(4) In addition to meeting the requirements of subrule (1) and either subrule (2) or (3) of this rule, an applicant shall meet both of the following requirements:
(a) Disclose on the application form each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country.
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.
R 338.1227 Requirements for relicensure; occupational therapist.
Rule 27. (1) An
applicant for relicensure as an occupational therapist, who has let his or
her whose license or registration from this state lapse has
lapsed, under section 16201(3) or (4) of the code, MCL 333.16201, as
applicable, may be relicensed by complying with the following requirements as
noted by (√):
|
For an occupational therapist |
Registered in this state before January 1, 2009, with lapsed registration, and did not apply for licensure before June 11, 2015. |
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(a) Submit a completed application on a form provided by the department, together with the requisite fee. |
√ |
√ |
√ |
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(b) Establish that the applicant is of good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
√ |
√ |
√ |
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(c) Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174. |
√ |
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√ |
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(d) Submit proof of having completed the continuing education required under R 338.1252, which was earned within the 3-year period immediately before the application for relicensure. If the continuing education hours submitted with the application are deficient, the applicant has 2 years after the date of the application to complete the deficient hours. The application must be held, and the license may not be issued until the continuing education requirements are met. |
√ |
√ |
√ |
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(e) Maintain certification as an
occupational therapist by NBCOT after the registration lapsed and graduated
from an occupational therapist education program that |
√ |
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(f) Complete a 1-time training in identifying victims of human trafficking that meets the standards in R 338.1215. |
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√ |
√ |
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(g) Meet the English language requirement under R 338.7002b and the implicit bias training required in R 338.7004. |
√ |
√ |
√ |
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(i) (ii) |
√ |
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√ |
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(i) Disclose on the application form each license, registration, or certification. (ii) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√ |
√ |
√ |
(2) An applicant
that who has had a lapsed registration or license for 3 years or
more and meets the requirements of subrule (1)(i)(h)(i) of this
rule shall complete a supervised practice experience that meets the
requirements of R 338.1228. The applicant shall have a limited license from the
department while participating in the supervised practice experience. The
duration of the experience must be as follows:
(a) If the
applicant’s license has lapsed for not less than 3 years but less than 7
years, the applicant shall complete not less than 200 hours of supervised
practice experience.
(b) If the
applicant’s license has lapsed for 7 years or more but less than 15
years, the applicant shall complete not less than 400 hours of supervised
practice experience.
(c) If the
applicant’s license has lapsed for more than 15 years or more,
the applicant shall complete not less than 600 hours of supervised practice
experience.
(3) For purposes of meeting the requirements of subrule (2) of this rule, the department may grant an applicant a limited license to complete the supervised practice experience.
(4) A limited license granted under subrule (3) of this rule is valid for 1 year and may be renewed 1 time.
R 338.1228 Supervised practice experience; occupational therapist; requirements.
Rule 28. (1) The supervised practice experience required for relicensure under R 338.1227 must comply with both of the following:
(a) The
supervised practice experience must be obtained under the supervision of a licensed
an occupational therapist who is licensed in this state and who
has having 3 or more years clinical experience and no past or
pending disciplinary actions.
(b) The
supervising occupational therapist shall provide the board the
department with verification of the applicant's completion of the
supervised practice experience on a form provided by the department.
(2) The supervised practice experience must consist of, at a minimum, professional and clinical instruction in all of the following areas:
(a) Referral process.
(b) Screening process.
(c) Evaluations.
(d) Intervention plans.
(e) Intervention strategies.
(f)
Discontinuation; or referral for other services, or both.
(3) Only experience obtained in an approved supervised practice situation by an individual who holds a limited license counts toward the experience requirement.
SUBPART C. DELEGATION AND SUPERVISION
R 338.1229 Delegation of limited assessments, tasks or interventions to an occupational
therapy assistant; supervision of an occupational therapy assistant; requirements;
limitation.
Rule 29. (1) An
occupational therapist who delegates the performance of limited assessments,
tasks, or interventions to an occupational therapy assistant as allowed under
section 16215 of the code, MCL 333.16215, shall supervise the occupational
therapy assistant consistent with subrule (3) of this rule section
16109(2) of the code, MCL 333.16109, and satisfy the requirements of this rule.
As used in this rule, “limited assessment” means those parts of an evaluation
that an occupational therapy assistant is qualified by education and training
to perform while under the supervision of an occupational therapist.
(2) Before an occupational therapist delegates limited assessments, tasks, or interventions to an occupational therapy assistant, the occupational therapist shall evaluate the qualifications of the occupational therapy assistant, including verification of the occupational therapy assistant’s training, education, and licensure.
(3) An occupational therapist who delegates limited assessments, tasks, or interventions to an occupational therapy assistant shall determine and provide the appropriate level of supervision required for the occupational therapy assistant’s performance of the delegated limited assessment, task, or intervention. The appropriate level of supervision must be determined based on the occupational therapy assistant’s education, training, and experience. The level of supervision must be either general supervision or direct supervision.
(4) An occupational therapist who delegates limited assessments, tasks, or interventions under this rule shall also comply with all of the following:
(a) Initiate and direct the evaluation of the patient or client before delegating limited assessments.
(c) Supervise an occupational therapy assistant to whom limited assessments, tasks, or interventions are delegated.
(d) Provide predetermined procedures and protocols for limited assessments, tasks, or interventions that are delegated.
(e) Monitor an occupational therapy assistant’s practice of assigned limited assessments, tasks, or interventions.
(f) Maintain a record of the names of the occupational therapy assistants to whom limited assessments, tasks, or interventions have been delegated pursuant to section 16215 of the code, MCL 333.16215.
(g) Meet in person or using live, synchronous contact at least once per month with the occupational therapy assistant to whom limited assessments, tasks, or interventions have been delegated to accomplish all of the following:
(i) Evaluate the occupational therapy assistant’s performance.
(ii) Review the patient or client.
(iii) Educate the occupational therapy assistant on the limited assessments, tasks, or interventions that have been delegated to facilitate professional growth and development.
(h) The occupational therapist shall maintain documentation of the meeting, which must be signed by both the occupational therapist and occupational therapist assistant. Compliance with this subdivision must not be used as a substitute for the ongoing supervision required under this subrule and subrule (3) of this rule.
(5) An occupational therapist shall not delegate the performance of either of the following to an occupational therapy assistant:
(a) The sole development of a treatment plan.
(b) The sole evaluation and interpretation of evaluation results.
(6) An occupational therapist shall not supervise more than 4 occupational therapy assistants who are providing services to patients at the same time.
R 338.1229a Delegation of tasks to an unlicensed individual; direct supervision of an
unlicensed individual; requirements.
Rule 29a. (1) An occupational therapist who delegates the performance of selected tasks to an unlicensed individual as allowed under section 16215 of the code, MCL 333.16215, shall supervise the unlicensed individual consistent with section 16109(2) of the code, MCL 333.16109, and satisfy the requirements of this rule. As used in this rule, “unlicensed individual” means an individual who does not hold an occupational therapist license, an occupational therapy assistant license, or another health professional license and who may be able to perform the tasks identified in this rule.
(2) An occupational therapist who delegates tasks to an unlicensed individual shall provide direct supervision of the unlicensed individual.
(3) An occupational therapist who delegates tasks under subrule (2) of this rule shall also comply with all of the following:
(a) Before delegating a task, the occupational therapist shall evaluate the qualifications of the unlicensed individual under the occupational therapist’s direct supervision, including verification of the unlicensed individual’s training and education.
(b) Examine and evaluate the patient or client before delegating tasks to be performed by an unlicensed individual.
(c) Provide predetermined procedures and protocols for tasks that are delegated.
(d) Maintain a record of the unlicensed individuals to whom tasks have been delegated, under section 16213 of the code, MCL 333.16213.
(e) Monitor an unlicensed individual’s practice of assigned tasks.
(4) An occupational therapist shall not supervise more than 3 unlicensed individuals who are providing services to patients or clients at the same time.
(5) An
occupational therapist shall not delegate any of the to an unlicensed
individual:
(a) An
occupational therapy intervention.
(b) An
assessment.
(c) An
evaluation.
(6) Under section
16171 of the code, MCL 333.16171, the requirements of subrules (2), subrule
(3)(b), and (5) of this rule do not apply to a student enrolled in
an ACOTE accredited or WFOT approved occupational therapist educational program
or an ACOTE accredited occupational therapy assistant educational program
approved by the board.
PART 4 3.
OCCUPATIONAL THERAPY ASSISTANTS
SUBPART A. EDUCATIONAL STANDARDS AND EXAMINATION APPROVAL AND ADOPTION
R 338.1231 Educational program standards; occupational therapy assistant; adoption by
reference.
Rule 31. (1) The
board approves and adopts by reference the standards for accrediting
occupational therapy assistant educational programs in the document entitled
“2018 Accreditation Council for Occupational Therapy Education (ACOTE)
Standards and Interpretive Guide," adopted by the ACOTE, which were effective
July 31, 20202025. Copies of these standards are available at no
cost from the ACOTE website at
https://acoteonline.org/accreditation-explained/standards/. Copies of the
standards are also available for inspection and distribution at 10 25
cents per page from the Michigan Board of Occupational Therapists, Bureau
of Professional Licensing, Department of Licensing and Regulatory Affairs, 611
West Ottawa, P.O. Box 30670, Lansing, Michigan 48909.
(2) Any
educational program for occupational therapy assistants that is accredited by
the ACOTE qualifies as an occupational therapy assistant educational program
is approved by the board. An occupational therapist assistant educational
program that is not accredited by the ACOTE may be approved by the board if the
board determines that it is substantially equivalent to a program accredited by
the ACOTE.
R 338.1231a Examination; occupational therapy assistant; adoption and approval;
passing scores.
Rule 31a. The board approves and adopts the certification examination for occupational therapy assistants that was developed, administered, and scored by the NBCOT as the licensure examination for occupational therapy assistants in this state. The board adopts the passing score recommended by the NBCOT for the certification examination.
SUBPART B. LICENSURE
R 338.1233 Application
for Initial occupational therapy assistant license; requirements.
Rule 33. An
applicant for an occupational therapy assistant license shall submit the
required fee and a completed application on a form provided by the department.
In addition to meeting the requirements of the code, R 338.7001 to R
338.7005, any other and the rules promulgated under the code, and
section 16174 of the code, MCL 333.16174, an applicant shall meet all of
the following requirements:
(a) Graduate
from an accredited Complete an occupational therapy assistant
educational program that meets the standards adopted by the board under R 338.12321231.
(b) Not more
than Within 3 years before the application for licensure and
not more than 2 years after the application applying for
licensure, the applicant shall pass the occupational therapy assistant
licensure examination adopted in R 338.12341231a.
(c) Within 3
years before the application for licensure and not more than 2 years after the
application for licensure, the applicant shall pass the examination on laws and
rules related to the practice of occupational therapy in this state that is
developed and administered by the department, or an entity approved by the
department.
(d)(c)
Disclose on the application form each license, registration, or certification
in a health profession or specialty issued by another state, the United States
military, the federal government, or another country.
(e)(d)
Satisfy the requirements of section 16174(2) of the code, MCL 333.16174,
including verification from the issuing entity showing that disciplinary
proceedings are not pending against the applicant and sanctions are not in
force at the time of application.
R 338.1234 Examinations;
occupational therapy assistant; adoption and approval; passing scores. Rescinded.
Rule 34. (1)
Under R 338.1233(b), the board approves and adopts the certification
examination for occupational therapy assistants that was developed,
administered, and scored by the NBCOT as the licensure examination for
occupational therapy assistants in this state. The board adopts the passing
score recommended by the NBCOT for the certification examination.
(2) The board
approves the examination on laws and rules related to the practice of
occupational therapy in this state that is developed and administered by the
department or an entity approved by the department. The passing score on the
laws and rules examination is a converted score of not less than 75.
(3) An applicant
who fails to achieve a passing score on the examination required in subrule (2)
of this rule may retake the examination without limitation.
R 338.1234a Graduate
of non-accredited postsecondary institution; occupational therapy assistant; equivalency
of education; NBCOT examination. Rescinded.
Rule 34a. An
applicant for an occupational therapy assistant license who graduated from a
non-accredited postsecondary institution shall submit the required fee and a
completed application on a form provided by the department. In addition to
meeting the requirements of the code, R 338.7001 to R 338.7005, any other rules
promulgated under the code, and section 16174 of the code, MCL 333.16174, an
applicant shall meet all of the following requirements:
(a) Establish
to the board that the applicant completed an occupational therapy assistant
educational program that is substantially equivalent to an occupational
therapist assistant program that is accredited by the ACOTE, as provided in R
338.1232.
(b) Have
documentation sent directly to the department from the NBCOT verifying the
applicant passed the NBCOT certification examination for occupational therapy
assistants adopted in R 338.1234 within 3 years before the application for
licensure and not more than 2 years after the application for licensure.
(c) Within 3
years before the application for licensure and not more than 2 years after the
application for licensure, the applicant shall pass the examination on laws and
rules related to the practice of occupational therapy in this state, that is developed
and administered by the department, or an entity approved by the department.
(d) Disclose on
the application form each license, registration, or certification in a health
profession or specialty issued by another state, the United States military,
the federal government, or another country.
(e) Satisfy the
requirements of section 16174(2) of the code, MCL 333.16174, including
verification from the issuing entity showing that disciplinary proceedings are
not pending against the applicant and sanctions are not in force at the time of
application.
R 338.1235 Licensure by endorsement of occupational therapy assistant; requirements.
Rule 35. (1) An
applicant for an occupational therapy assistant license by endorsement shall
submit the required fee and a completed application on a form provided by the
department. In addition to meeting the requirements of the code, and the
rules promulgated under the code, An an applicant meets
the requirements of section 16186 of the code, MCL 333.16186, if the applicant
satisfies all the requirements of the code, R 338.7001 to R 338.7005, any other
rules promulgated under the code, and satisfies shall satisfy the
following requirements, as applicable.:
(i) Hold an active registration or license in good standing in another state or active license in good standing in a province of Cananda within 30 days before applying for licensure by endorsement.
(a)(ii)
Have previously taken and passed the NBCOT certification examination for
occupational therapy assistants with a score adopted by the board under R 338.1234(1)1231a.
(b) Within 3
years preceding the application for endorsement and not more than 2 years after
the application for endorsement, the applicant shall pass the examination on
state laws and rules related to the practice of occupational therapy that is
developed and administered by the department or an entity approved by the
department. The passing score on the laws and rules examination is a converted
score of not less than 75.
(3b)
If an applicant is has been actively registered or licensed as an
occupational therapist assistant in another at least 1 state or
licensed in at least 1 province of Canada for less than 5 years and is
in good standing within 30 days before filing an application for an
occupational therapy assistant license in this state, then the applicant
shall comply with both all of the following:
(i) Hold an active registration or license in good standing in another state or active license in good standing in a province of Canada within 30 days before applying for licensure by endorsement.
(a)(ii)
Graduate from Have successfully completed an occupational therapy
assistant education program that is accredited by the ACOTE, or its
predecessor organization that meets the standards adopted by the board in R
338.12321231.
(b) Meet the
requirements of subrule (2) of this rule.
(iii) Have taken and passed the NBCOT certification examination for occupational therapy assistants with a score adopted by the board under R 338.1231a.
(4c)
In addition to meeting the requirements of subrule (1) and either subrule
subdivision (2a) or (3b) of this rule, an
applicant shall meet both of the following requirements:
(ai)
Disclose on the application form each license, registration, or certification
in a health profession or specialty issued by another state, the United States
military, the federal government, or another country.
(bii)
Satisfy the requirements of section 16174(2) of the code, MCL 333.16174,
including verification from the issuing entity showing that disciplinary
proceedings are not pending against the applicant and sanctions are not in
force at the time of application.
R 338.1236 Requirements for relicensure; occupational therapy assistant.
Rule 36. (1) An
applicant for relicensure as an occupational therapy assistant, who has let
his or her whose license or registration from this state has lapse
lapsed, under section 16201(3) or (4) of the code, MCL 333.16201, as
applicable, may be relicensed by complying with the following requirements as
noted by (√):
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For an occupational therapy assistant |
Registered in this state before January 1, 2009, with lapsed registration, and did not apply for licensure before June 11, 2015. |
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(a) Submit a completed application on a form provided by the department, together with the requisite fee. |
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(b) Establish that the applicant is of good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
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(c) Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174. |
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(d) Submit proof of having completed the continuing education required under R 338.1252, which was earned within the 3-year period immediately before the application for relicensure. If the continuing education hours submitted with the application are deficient, the applicant has 2 years after the date of the application to complete the deficient hours. The application must be held, and the license may not be issued until the continuing education requirements are met. |
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(e) Maintain
certification as an occupational therapy assistant by the NBCOT after the
registration lapsed and graduated from an accredited occupational therapy
assistant educational program that meets the standards adopted by the board
under R 338.1231. |
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(f) Complete a 1-time training in identifying victims of human trafficking that meets the standards in R 338.1215. |
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(g) Meet the English language requirement under R 338.7002b and the implicit bias training required in R 338.7004. |
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(i) (ii) |
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(i) Disclose on the application form each license, registration, or certification. (ii) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
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(2) An applicant
that who has a lapsed registration or license for 3 years or more
and meets the requirements of subrule (1)(i)(h)(i) of this rule
shall complete a supervised practice experience that meets the requirements of
R 338.1237. The duration of the experience must be as follows:
(a) If the
applicant’s license has lapsed for 3 years or more but less than 7
years, the applicant shall complete not less than 200 hours of supervised
practice experience.
(b) If the
applicant’s license has lapsed for 7 years or more but less than 15
years, the applicant shall complete not less than 400 hours of supervised
practice experience.
(c) If the
applicant’s license has lapsed for more than 15 years or more,
the applicant shall complete not less than 600 hours of supervised practice
experience.
(3) For purposes of meeting the requirements of subrule (2) of this rule, the department may grant an applicant a limited license to complete the supervised practice experience.
(4) A limited license granted under subrule (3) of this rule is valid for 1 year and may be renewed 1 time.
R 338.1237 Supervised practice experience; occupational therapy assistant; requirements.
Rule 37. (1) The supervised practice experience required for relicensure under R 338.1236 shall comply with all of the following:
(a) The
supervised practice experience must be obtained under the supervision of a licensed
an occupational therapist who is licensed in this state and who
has having 3 or more years clinical experience and no past or
pending disciplinary actions.
(b) The
supervising occupational therapist shall provide the board department
with verification of the applicant's completion of the supervised practice
experience on a form provided by the department.
(2) The supervised practice experience must consist of, at a minimum, professional and clinical instruction in all of the following areas:
(a) Referral process.
(b) Screening process.
(c) Evaluations.
(d) Intervention plans.
(e) Intervention strategies.
(f)
Discontinuation; or referral for other services, or both.
(3) Only experience obtained in an approved supervised practice situation by an individual who holds a limited license counts toward the experience requirement.
PART 4. TELEHEALTH
R 338.1241 Definitions.
Telehealth; consent; requirements.
Rule 41. As
used in this part:
(a)
“Telehealth” means the use of electronic information and telecommunication
technologies to support or promote long-distance clinical healthcare, patient
and professional health-related education, public health, or health administration.
Telehealth may include, but is not limited to, telemedicine.
(b) “Telehealth service” means a
healthcare service that is provided through telehealth. Same problem as
noted above.
(c) “Telemedicine” means the use of
electronic media to link patients with healthcare professionals in different
locations. To be considered telemedicine, the telemedicine services must be
provided by a healthcare professional who is licensed, registered, or otherwise
authorized to engage in his or her healthcare profession in the state where the
patient is located.
(1) A licensee shall obtain consent for treatment before providing a telehealth service under section 16284 of the code, MCL 333.16284. Consent requires all of the following:
(a) A licensee shall ensure that the patient understands that treatment is provided remotely using telehealth.
(b) At the inception of care, a licensee shall identify themself to the patient as an occupational therapist or occupational therapy assistant.
(c) A licensee shall ensure that the patient is mentally capable of giving consent for diagnosis, care, or treatment.
(d) A licensee shall explain the alternatives, capabilities, and limitations of telemedicine and advise the patient that they may decline to receive telehealth services.
(2) If the patient is less than 18 years of age, or under the care of a legal guardian, a parent or legal guardian shall provide consent for the telehealth service.
(3) A licensee shall keep proof of consent for a telehealth treatment in the patient’s up-to-date medical record in compliance with section 16213 of the code, MCL 333.16213.
(4) A licensee who provides telehealth services shall comply with all of the following:
(a) Act within the scope of the licensee’s practice.
(b) Exercise the same standard of care applicable to a traditional, in-person healthcare service.
(c) Verify that telemedicine is appropriate to evaluate, diagnose, and treat the patient based on the patient’s unique presentation.
(5) A licensee shall be able to examine the patient via a health insurance portability and accountability act of 1996, Public Law 104-191, compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging.
(6) Telehealth must be secure and comply with federal and state security and privacy regulations.
R 338.1243 Consent;
scope of practice; standard of care. Rescinded.
Rule 43. (1)
The licensee shall obtain informed consent for treatment before providing a
telehealth service under section 16284 of the code, MCL 333.16284. Informed
consent requires all of the following:
(a) The
licensee shall ensure that the patient understands that treatment is provided
remotely using telehealth.
(b) At the
inception of care, any licensee who has contact with the patient shall
identify himself or herself to the patient as an occupational therapist, or occupational
therapy assistant, or unlicensed individual.
(c) The
licensee shall ensure that the patient is mentally capable of giving informed
consent for diagnosis, care, or treatment.
(d) The
licensee shall explain the alternatives, capabilities, and limitations of
telemedicine and that the patient may decline to receive telehealth services.
(2) If the
patient is less than 18 years of age, or under the care of a legal guardian, a
parent or legal guardian shall provide informed consent for the patient.
(3) The licensee
shall keep proof of consent for a telehealth service in the patient’s
up-to-date medical record and satisfy section 16213 of the code, MCL 333.16213.
(4) A licensee
who provides telehealth services shall comply with all of the following:
(a) Act
within the scope of his or her practice.
(b) Exercise
the same standard of care applicable to a traditional, in-person healthcare
service.
(c) Verify that
telemedicine is appropriate to evaluate, diagnose, and treat the patient based
on his or her unique presentation.
(5) The licensee
shall
be able to examine the patient via a health insurance portability and
accountability act (HIPAA) of 1996, Public Law 104-191, compliant, secure
interactive audio or video, or both, telecommunications system, or through the
use of store and forward online messaging.
(6) Telehealth
must be secure and comply with federal and state security and privacy
regulations.
PART 5. LICENSE RENEWAL AND CONTINUING EDUCATION
R 338.1251 License renewal; occupational therapist; occupational therapy assistant;
requirements.
Rule 51. (1) This rule applies to an application for the renewal of an occupational therapist license, occupational therapy assistant license, and special retired volunteer license under sections 16184 and 16201 of the code, MCL 333.16184 and 333.16201.
(2) An applicant
for license renewal who has been licensed for the 2-year licensing period
immediately preceding the expiration date of the license shall accumulate
not less than 20 continuing education contact hours that are approved by
the board pursuant to under R 338.1252, during the 2-year
licensing period immediately preceding an application for renewal.
(3) Submission of an application for renewal constitutes the applicant’s certification of compliance with the requirements of this rule.
(4) The A
licensee shall retain documentation of meeting the requirements of this
rule for a period of 4 years after the date of applying for license renewal.
Failure to comply with this rule is a violation of section 16221(h) of the
code, MCL 333.16221.
(5) The board may require an applicant or licensee to submit evidence to demonstrate compliance with this rule.
(6) A request
for a waiver under section 16205 of the code, MCL 333.16205, must be received
by the department for the board’s consideration not less than 30 days before
the last regularly scheduled board meeting before the expiration date of the
license. The public notice for the board meetings can be found at: https://www.michigan.gov/lara/bureau-list/bpl/health/hp-lic-health-prof/dentalhttps://www.michigan.gov/lara/bureau-list/bpl/health/hp-lic-health-prof/ot.
R 338.1252 Acceptable continuing education; occupational therapist; occupational
therapy assistant; requirements.
Rule 52. (1) The
20 hours of continuing education required pursuant to R 338.1251 for the
renewal of a license must comply with the following:
(a) Not more
than 10 credit hours may be earned during a 24-hour period for online or
electronic media, such as videos, internet web-based seminars, video
conferences, online continuing education programs, and online journal articles
that are asynchronous and not interactive.
(b) Except for
the 1-time training in human trafficking, which may be used to comply with the
requirement for the 1-time training and continuing education requirements, an
applicant may not earn credit for a continuing education program or activity that
is identical or substantially similar to a program or activity the applicant
has already earned credit for during that renewal period.
(c) Pursuant
to Under section 16204 of the code, MCL 333.16204, at least 1 hour
of continuing education must be earned in the area of pain and symptom
management. Continuing education hours in pain and symptom management may
include, but are not limited to, courses in behavior management, psychology of
pain, pharmacology, behavior modification, stress management, clinical
applications, and drug interventions as they relate to the practice of
occupational therapy.
(2) One-half
of the required continuing education contact hours must be completed by live,
synchronous, and interactive courses and programs, either in-person or virtual,
that provide for the opportunity for direct interaction during the course or
program, between faculty and participants, including, but not limited to,
lectures, symposia, live teleconferences, and workshops. The remaining
continuing education contact hours may be completed in another format. A
licensee may not earn continuing education credit for completing a continuing
education program or activity that is identical or substantially identical to a
program or activity the licensee has already earned continuing education credit
for during that renewal period.
(3) If a licensee completes a continuing education program approved by the board that satisfies the 1-time training in human trafficking requirement, that program may be used to satisfy the human trafficking training requirement and continuing education credit for license renewal during that renewal period.
(4) If a licensee completes a continuing education program approved by the board that satisfies the implicit bias training required under R 338.7004, that program may be used to satisfy the requirements of R 338.7004 and continuing education credit for license renewal during that renewal period.
(3)(5) The following are
acceptable continuing education activities:
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ACCEPTABLE CONTINUING EDUCATION ACTIVITIES |
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(a) |
Completion of an approved continuing education program or activity related to the practice of occupational therapy. A continuing education program or activity is approved if it is approved or offered for continuing education credit by any of the following: · AOTA. ·
· Michigan Occupational Therapy Association. · NBCOT. · Another state or provincial board of occupational therapy. ·
An
occupational therapy education program approved by the board in R 338. ·
If
the subject matter of the training addresses an occupational therapy service as
defined in section 18301(1)(c) of the code, MCL 333.18301, and the
occupational therapy service is identified on the certificate of completion, ·
If
the subject matter of the training addresses an occupational therapy service as
defined in section 18301(1)(c) of the code, MCL 333.18301, and the
occupational therapy service is identified on the certificate of completion,
If audited, an applicant shall submit a copy of a letter or certificate of completion showing the applicant’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date the program was held or activity completed. |
The number of hours approved by the sponsor or the approving organization may be earned in each renewal period.
If the activity was not approved for a set number of hours, then 1 hour of continuing education for each 60 minutes of participation may be earned.
Credit in this category may be earned without limitation. |
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(b) |
Completion
of academic courses related to the practice of occupational therapy offered
in an occupational therapy education program approved by the board pursuant
to R 338.
If audited, an applicant shall submit an official transcript that reflects completion of the academic course and number of semester or quarter credit hours earned. |
Five hours of continuing education may be earned for each semester credit hour earned.
Three hours of continuing education may be earned for each quarter credit hour earned.
Credit in this category may be earned without limitation. |
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(c) |
Initial publication of a chapter or an article related to the practice of occupational therapy written by the applicant in any of the following: · A peer-reviewed textbook. · A professional healthcare textbook. · A peer-reviewed journal or periodical. · A practice area related article in a lay publication (community newspaper or newsletter). · A non-peer-reviewed professional publication (such as OT Practice, SIS Quarterly and Advance).
If audited, an applicant shall submit a copy of the publication that identifies the applicant as the author of the publication or a publication acceptance letter. |
A maximum of 10 hours of continuing education may be earned in each renewal period.
Ten hours of continuing education may be earned for publishing a peer-reviewed textbook, professional healthcare textbook, or a peer-reviewed journal or periodical.
Two hours of continuing education may be earned for publishing a practice related article in a lay publication.
Five hours of continuing education may be earned for publishing a non peer-reviewed professional publication.
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(d) |
Independent
reading or listening to the audio format of peer-reviewed articles
If
audited, an applicant shall submit an affidavit attesting to the date completed
and the number of hours the applicant spent participating in these
activities and a bibliography listing the journal, article, the author or
authors, and publication date |
One hour of continuing education may be earned for each 60 minutes of participation.
A maximum of 5 hours of continuing education may be earned in each renewal period. |
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(e) |
Initial presentation of an academic or continuing education program by the applicant that is not a part of the applicant’s regular job description.
If audited, an applicant shall submit a copy of the curriculum and a letter from the program sponsor verifying the length and date of the presentation. |
Three hours of continuing education may be earned for each 60 minutes of presentation.
A maximum of 10 hours of continuing education may be earned in each renewal period. |
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(f) |
Fieldwork supervision that is not part of the applicant’s primary job description.
If audited, an applicant shall submit a copy of a letter of verification or certificate from school including dates of fieldwork and name of fieldwork student. |
Level I: One hour of continuing education, for all supervision activities, may be earned per student.
Level II: One hour of continuing education may be earned for each week of supervision per student supervised.
A maximum of 12 hours of continuing education may be earned in each renewal period. |
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(g) |
Participating
on a state or national board, board of a local chapter, association, or
If audited, an applicant shall submit documentation verifying the licensee’s participation in not less than 50% of the regularly scheduled meetings of the board. |
A maximum of 10 hours of continuing education may be earned for this activity in each renewal period.
Attendance at a meeting equals 1 credit hour of continuing education.
Attendance at a volunteering activity equals 1 credit hour of continuing education.
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(h) |
Primary or co-primary investigator in research activities or outcome studies, or externally funded service training projects associated with grants or post-graduation studies related to the field of occupational therapy.
If audited, an applicant shall submit documentation verifying the licensee’s participation as a primary or co-primary investigator or in externally funded service training projects associated with grants or post-graduation studies related to the field of occupational therapy. |
A maximum of 10 hours of continuing education may be earned in each renewal period. |