CHAPTER 148B
OCCUPATIONAL THERAPY

Referred to in §135.24, 147.74, 147.76, 514C.30, 714H.4

Enforcement, §147.87, 147.92
Penalty, §147.86

  
     
148B.1  Title and purpose.
  1.  This chapter may be cited and referred to as the “Occupational Therapy Practice Act”.
  2.  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]
2021 Acts, ch 76, §150
Code editor directive applied

     
148B.2  Definitions.
  As used in this chapter:
  1.  “Board” means the board of physical and occupational therapy created under chapter 147.
  2.  “Occupational therapist” means a person licensed under this chapter to practice occupational therapy.
  3.  “Occupational therapy” means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. “Occupational therapy” includes but is not limited to providing assessment, design, fabrication, application, and fitting of selected orthotic devices and training in the use of prosthetic devices.
  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; 2012 Acts, ch 1101, §6

     
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 the state who is not licensed under this chapter, if the services are performed for not more than thirty days in a calendar year in association with an occupational therapist licensed under this chapter, and the nonresident meets either of the following requirements:
  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.
  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 national board for certification in occupational therapy.
[C81, §148B.3]
2012 Acts, ch 1101, §7, 8

     
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.
  1.  A limited permit to practice occupational therapy may be granted to a person who has completed the academic and field work requirements for occupational therapists under this chapter and has not yet taken or received the results of the entry-level certification examination. A permit granted pursuant to this subsection shall be valid for a period of time as determined by the board by rule and shall allow the person to practice occupational therapy under the direction and appropriate supervision of an occupational therapist licensed under this chapter. The permit shall expire when the person is issued a license under section 148B.5 or if the person is notified that the person did not pass the examination. The limited permit shall not be renewed.
  2.  A limited permit to assist in the practice of occupational therapy may be granted to a person who has completed the academic and field work requirements for occupational therapy assistants under this chapter and has not yet taken or received the results of the entry-level certification examination. A permit granted pursuant to this subsection shall be valid for a period of time as determined by the board by rule and shall allow the person to assist in the practice of occupational therapy under the direction and appropriate supervision of an occupational therapist licensed under this chapter. The permit shall expire when the person is issued a license under section 148B.5 or if the person is notified that the person did not pass the examination. The limited permit shall not be renewed.
[C81, §148B.4]
2012 Acts, ch 1101, §9

     
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.3, 148B.4

     
148B.6  Waiver of examination requirement.
  The board may waive the examination and grant a license:
  1.   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.   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]
2012 Acts, ch 1101, §10

     
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 §272C.3, 272C.4

     
148B.8  Unlawful practice.
  1.  A person shall not practice occupational therapy or assist in the practice of occupational therapy, provide occupational therapy services, hold oneself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or assist in the practice of occupational therapy, or provide occupational therapy services in this state unless the person is licensed under this chapter.
  2.  It is unlawful for any person not licensed as an occupational therapist in this state or whose license is suspended or revoked to use in connection with the person’s name or place of business in this state the words “occupational therapist”, “licensed occupational therapist”, or any word, title, letters, or designation that implies that the person is an occupational therapist.
  3.  It is unlawful for any person not licensed as an occupational therapy assistant in this state or whose license is suspended or revoked to use in connection with the person’s name or place of business in this state, the words “occupational therapy assistant”, “licensed occupational therapy assistant”, or any word, title, letters, or designation that implies that the person is an occupational therapy assistant.
2012 Acts, ch 1101, §11

     
148B.9  False use of titles prohibited.
  A person or business entity, including the employees, agents, or representatives of the business entity, shall not use in connection with that person or business entity’s business activity, the words “occupational therapy”, “occupational therapist”, “licensed occupational therapist”, “doctor of occupational therapy”, “occupational therapy assistant”, “licensed occupational therapy assistant”, or the letters “O.T.”, “O.T./L.”, “O.T.D.”, “O.T.A.”, “O.T.A./L.”, or any words, abbreviations, or insignia indicating or implying that occupational therapy is provided or supplied unless such services are provided by or under the direction and supervision of an occupational therapist licensed pursuant to this chapter.
2012 Acts, ch 1101, §12