CHAPTER 148B
OCCUPATIONAL THERAPY

 
Enforcement, §147.87, 147.92

Penalty, §147.86

  148B.1  Title and purpose.
  This chapter may be cited and referred to as the “Occupational Therapy Practice Act”.
  The purpose of this chapter is to provide for the regulation of persons offering occupational therapy services to the public in order to safeguard the public health, safety and welfare.
[C81, §148B.1]

  148B.2  Definitions.
  As used in this chapter:
  1.  “Board” means the board of physical and occupational therapy created under chapter 147.
  2.  “Occupational therapy” means the therapeutic application of specific tasks used for the purpose of evaluation and treatment of problems interfering with functional performance in persons impaired by physical illness or injury, emotional disorder, congenital or developmental disability, or the aging process in order to achieve optimum function, for maintenance of health and prevention of disability.
  3.  “Occupational therapist” means a person licensed under this chapter to practice occupational therapy.
  4.  “Occupational therapy assistant” means a person licensed under this chapter to assist in the practice of occupational therapy.
[C81, §148B.2]
2007 Acts, ch 10, §102

  148B.3  Persons and practices not affected.
  This chapter does not prevent or restrict the practice, services or activities of any of the following:
  1.  A person licensed in this state by any other law from engaging in the profession or occupation for which the person is licensed.
  2.  A person employed as an occupational therapist or occupational therapy assistant by the government of the United States, if that person provides occupational therapy solely under the direction or control of the organization by which the person is employed.
  3.  A person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program, if the activities and services constitute a part of a supervised course of study and the person is designated by a title which clearly indicates the person’s status as a student or trainee.
  4.  A person fulfilling the supervised field work experience requirements of section 148B.5, if the activities and services constitute a part of the experience necessary to meet the requirements of that section.
  5.  A nonresident performing occupational therapy services in this state who is not licensed under this chapter, if the services are performed for not more than thirty days a calendar year in association with an occupational therapist licensed under this chapter, and the nonresident meets the qualifications for licensing under this chapter except for the qualifying examination.
  6.  A nonresident performing occupational therapy services in the state who is not licensed under this chapter, if the services are performed for not more than ninety days in a calendar year in association with an occupational therapist licensed under this chapter, and
  a.  The nonresident is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or
  b.  The nonresident meets the requirements for certification as an occupational therapist registered (O.T.R.), or a certified occupational therapy assistant (C.O.T.A.) established by the American occupational therapy association.
[C81, §148B.3]

  148B.3A  Referral.
  Occupational therapy may be provided by an occupational therapist without referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require that occupational therapy provided in the hospital be performed only following prior review by and authorization of the performance of the occupational therapy by a member of the hospital medical staff.
2000 Acts, ch 1140, §34

  148B.4  Limited permit.
  A limited permit may be granted to persons who have completed the education and experience requirements of this chapter. This permit shall allow the person to practice occupational therapy under the supervision of a licensed occupational therapist and shall be valid until the date on which the results of the next qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination.
[C81, §148B.4]

  148B.5  Requirements for licensure.
  An applicant applying for a license as an occupational therapist or as an occupational therapy assistant must file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
  1.  Successful completion of the academic requirements of an educational program in occupational therapy recognized by the board.
  a.  For an occupational therapist, the program must be one accredited by the accreditation council for occupational therapy education of the American occupational therapy association.
  b.  For an occupational therapy assistant, the program must be one approved by the American occupational therapy association.
  2.  Successful completion of a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where the applicant met the academic requirements.
  a.  For an occupational therapist, a minimum of six months of supervised field work experience is required.
  b.  For an occupational therapy assistant, a minimum of two months of supervised field work experience is required.
  3.  Pass an examination, either in electronic or written form, satisfactory to the board and in accordance with rules.
[C81, §148B.5]
2000 Acts, ch 1140, §35; 2002 Acts, ch 1108, §14; 2004 Acts, ch 1167, §6
Referred to in 

  148B.6  Waiver of requirements for licensing.
  1.  The board may waive the examination and grant a license to a person certified prior to January 1, 1981, as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) by the American Occupational Therapy Association.
  2.  The board shall waive the education and experience requirements for licensure in section 148B.5, subsections 1 and 2, for applicants for a license who present evidence to the board that they have been engaged in the practice of occupational therapy on and prior to January 1, 1981. Proof of actual practice shall be presented to the board in a manner as it prescribes by rule. To obtain the benefit of this waiver, an applicant must successfully complete the examination within one year from January 1, 1981. However, the waiver is conditional upon the applicant satisfying the education and experience requirements of section 148B.5, subsections 1 and 2, within five years of the waiver being granted and if those requirements are not satisfied at the expiration of those five years the board shall revoke the license.
  3.  The board may waive the examination and grant a license to an applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.
[C81, §148B.6]

  148B.7  Board of physical and occupational therapy — powers and duties.
  The board shall adopt rules relating to professional conduct to carry out the policy of this chapter, including but not limited to rules relating to professional licensing and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy in this state.
[C81, §148B.7]
2007 Acts, ch 10, §103
Referred to in 
  148B.8  Board of physical and occupational therapy — administrative provisions.  Repealed by 2009 Acts, ch 56, §  12.