​​​​​​​​50 N.J.R. 1194(a)

VOLUME 50, ISSUE 9, MAY 7, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 1194(a)
NJ - New Jersey Register  >  2018  >  MAY  >  MAY 7, 2018  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > OCCUPATIONAL THERAPY ADVISORY COUNCIL

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:44K-2.1, 3.1, 3.2, 4.1, 4.2, 5.3, 5.4, 5.5, 6.1, 6.2, 8.1, 8.5, 8.9, 9.2, 10.1, 10.3, and 11.1

Proposed New Rules: N.J.A.C. 13:44K-2.2, 2.3, 3.3, 6.4, and 6.5

Proposed Repeals and New Rules: N.J.A.C. 13:44K-6.3, 8.6, 8.7, and 8.8

Proposed Repeals: N.J.A.C. 13:44K-7
Text

Rules of the Occupational Therapy Advisory Council
Authorized By: Sharon Joyce, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:1-15 and 45:9-37.51 et seq.; and P.L. 2013, c. 49.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2018-037.
Submit written comments by July 6, 2018, to:
   ToniAnn Petrella-Diaz, Acting Executive Director
   Occupational Therapy Advisory Council
   124 Halsey Street
   PO Box 45037
   Newark, NJ 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
The Acting Director of the Division of Consumer Affairs (Director), in consultation with the Occupational Therapy Advisory Council (Council), is proposing repeals, amendments, and new rules to update the Council's rules, codify current licensure requirements, and implement new laws.
As of January 1, 2007, the Accreditation Council for Occupational Therapy Education (ACOTE), which is recognized as the accrediting agency for occupational therapy education by the United States Department of Education and the Council for Higher Education Accreditation, requires a post-baccalaureate degree for entry-level occupational therapy education. Similarly, the National Board for Certification of Occupational Therapists (NBCOT) now requires a post-baccalaureate degree (master's or doctoral degree) to sit for the Occupational Therapist Registered Examination, which is required by the Council for licensure as an occupational therapist. Consistent with the ACOTE and NBCOT requirements, the Director proposes to amend N.J.A.C. 13:44K-2.1 to require an applicant for licensure as an occupational therapist to have a master's degree. In recognition that there may be applicants who obtained their education and passed the certification examination prior to ACOTE and NBCOT changing their educational requirements, the Council will license applicants who, prior to January 1, 2007, obtained a bachelor's degree consistent with the requirements of N.J.A.C. 13:44K-2.1(a)3, satisfied the fieldwork requirements of N.J.A.C. 13:44K-2.1(a)4, successfully passed the certification examination for occupational therapists, and who met all other requirements for licensure. The Director proposes to amend N.J.A.C. 13:44K-2.1(a)5 and (b)5 to specify that applicants must pass, instead of complete, the certification examination.

The Occupational Therapy Licensing Act, at N.J.S.A. 45:9-37.61, requires an applicant to have graduated from a program accredited by the American Occupational Therapy Association (AOTA) or the World Federation of Occupational Therapy (WFOT), or other nationally recognized programmatic accrediting agency. N.J.S.A. 45:9-37.69 further provides that a foreign-trained occupational therapist who attended a program that was not accredited by the AOTA or WFOT at the time of the applicant's graduation may be eligible for licensure if the applicant can demonstrate that the applicant has completed educational and fieldwork requirements substantially equivalent to those of this State. The Director is proposing new N.J.A.C. 13:44K-2.1(c) to codify the existing procedure for a foreign-trained applicant who did not attend an education program that was accredited by ACOTE or WFOT to be licensed in New Jersey. The regulation provides that the Council will accept, along with the applicant's transcripts and proof of field work experience, NBCOT's assessment that the foreign trained applicant's academic credentials qualify the applicant to sit for the certification examination.

The Director is proposing to add new rules to N.J.A.C. 13:44K to implement P.L. 2013, c. 49 (Act), which mandates that a professional or occupational board designated in section 2 of P.L. 1978, c. 73 (N.J.S.A. 45:1-15) that issues a professional or occupational license, certificate of registration, or certificate for which professional training, education, or experience is required, give credit towards its requirements for licensure or certification for any portion of the training, education, and experience received by an applicant while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure or certification.

Proposed new N.J.A.C. 13:44K-2.2 and 2.3 implement P.L. 2013, c. 49. N.J.A.C. 13:44K-2.2(a) permits an applicant for an occupational therapist license who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:44K-2.1(a), to apply to the Council for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:44K-2.2(b) sets forth the evidence that the applicant will be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Director and Council for licensure as an occupational therapist.

​ Proposed new N.J.A.C. 13:44K-2.2(b)2i requires the applicant to submit a verification of his or her military experience and training to the Council for determining substantial equivalence to at least 24 weeks of supervised fieldwork experience.

Proposed new N.J.A.C. 13:44K-2.2(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a master's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor.

Proposed new N.J.A.C. 13:44K-2.2(b)2iii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a master's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and substantial equivalence to the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the AOTA, the WFOT, or other nationally recognized programmatic accrediting agency.

Proposed new N.J.A.C. 13:44K-2.3(a) would permit an applicant for an occupational therapy assistant license who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:44K-2.1(b), to apply to the Council for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:44K-2.3(b) sets forth the evidence that the applicant will be required to provide to establish that the relevant [page=1195] education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Director and Council for licensure as an occupational therapy assistant.

Proposed new N.J.A.C. 13:44K-2.3(b)2i requires the applicant to submit a verification of his or her military experience and training to the Council for determining substantial equivalence to at least 12 weeks of supervised fieldwork experience.

Proposed new N.J.A.C. 13:44K-2.3(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to an associate's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor.

Proposed new N.J.A.C. 13:44K-2.3(b)2iii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to an associate's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and have fulfilled the academic requirements of an educational program for occupational therapy assistant accredited by the Accreditation Council for Occupational Therapy Education of AOTA, the WFOT, or other nationally recognized programmatic accrediting agency.

Proposed new N.J.A.C. 13:44K-2.2(b)3 and 2.3(b)3 require that the applicant comply with all other requirements for licensure, including successfully passing the examination requirement. N.J.A.C. 13:44K-2.1 requires that applicants for an occupational therapist or occupational therapy assistant license successfully pass the certification examination administered by NBCOT. The Act requires the Council to give an applicant for licensure credit towards its requirements for licensure for any portion of the training, education, and experience the applicant received while serving as a member of the Armed Forces that is substantially equivalent to the training, education, or experience required for licensure. NBCOT is not subject to New Jersey law and the Council does not have any jurisdiction over NBCOT; therefore, NBCOT cannot be required to credit substantially equivalent education, training, and experience received while in the military towards NBCOT's eligibility requirements to sit for its examination.

Pursuant to proposed new N.J.A.C. 13:44K-2.2(c) and 2.3(c), the applicant will be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education, or experience is not deemed equivalent to the Council's requirements, proposed new N.J.A.C. 13:44K-2.2(d) and 2.3(d) require the Director and Council to credit whatever portion of the applicant's military training, education, or experience they deem to be substantially equivalent towards meeting the requirements of licensure. Additionally, proposed new N.J.A.C. 13:44K-2.2(e) and 2.3(e) provide that evidence of such education, training, or experience will be assessed on a case-by-case basis.

Consistent with the proposed amendments to N.J.A.C. 13:44K-2.1(a), the Director proposes to amend N.J.A.C. 13:44K-3.1 to specify that an applicant for licensure as an occupational therapist must have a master's degree unless, prior to January 1, 2007, the applicant completed the required bachelor's degree, satisfied the fieldwork requirements of N.J.A.C. 13:44K-2.1(a)4, successfully passed the examination, and met all other requirements for licensure. The Director also proposes to amend N.J.A.C. 13:44K-3.1(a) to codify the current process of requiring foreign trained applicants who did not attend an education program that was accredited by ACOTE or WFOT to submit a credential evaluation letter from NBCOT.

Consistent with the proposed amendments to N.J.A.C. 13:44K-2.1(a), the Director proposes to amend N.J.A.C. 13:44K-3.1(a) and 3.2(a) to specify that applicants must pass, instead of complete, the certification examination. The Director also proposes to amend N.J.A.C. 13:44K-3.1(a) and 3.2(a) to replace the requirement for two completed "Certificates of Good Moral Character" with evidence of good moral character as set forth in new subsection (b) and to specify that good moral character is an ongoing requirement for licensure. Proposed new N.J.A.C. 13:44K-3.1(b) and 3.2(b) set forth that, when determining whether the applicant should be licensed, the Council will consider whether the applicant is presently engaged in drug or alcohol use that is likely to impair the applicant's ability to practice occupational therapy; has been convicted of violating any State law relating to controlled dangerous substances or other habit-forming drugs; has been convicted of violating any laws relating to the practice of occupational therapy; has been convicted of a crime involving moral turpitude; and/or has had disciplinary action taken against his or her license.

The Director is also proposing to add new N.J.A.C. 13:44K-3.1(c) and 3.2(c) requiring applicants to complete the New Jersey Jurisprudence Orientation, which will be developed by the Council and offered for free on the Council's website. The Director, in consultation with the Council, determined that it is necessary for applicants to complete an online jurisprudence orientation that will provide applicants with a review of the statutes and rules pertinent to the practice of occupational therapy.

Proposed new N.J.A.C. 13:44K-3.3 implements the reciprocity provisions of P.L. 2013, c. 182, which became effective on July 1, 2014, and requires professional boards to issue licenses to applicants holding a license that is in good standing that is issued by another state whose education, training, and examination requirements for licensure are substantially similar to New Jersey's. Proposed new subsections (a) and (b) require the Council to issue a license through reciprocity if the applicant meets certain criteria including: the applicant holds a license in good standing from another state with substantially similar requirements for licensure as New Jersey; the results of the applicant's criminal history background check show no evidence of a disqualifying crime; and the applicant has been practicing in the profession for a period of one year, and not less than 1,200 hours, within the five years immediately preceding his or her application for licensure.

Proposed new subsection (c) defines "good standing," and proposed new subsection (d) clarifies the standards of a "substantially equivalent" examination. Under proposed new subsection (e), the Council will consider an applicant's experience to compensate for disparity in substantial equivalence in the education and examination requirements. Under proposed subsection (f), applicants are required within six months after the issuance of a license to provide the Council with evidence verifying the applicant's education, training, and examination results. Under proposed new subsection (g), the Council may revoke a license if it was issued on the basis of a corresponding license from another state that was obtained by fraud, deception, or misrepresentation. Under proposed new subsection (h), applicants must complete the online New Jersey Jurisprudence Orientation. Proposed new subsection (i) permits the Council to grant a license to an applicant who does not meet the good standing requirement due to a pending action by an out-of-State licensing board if, assuming the alleged conduct is true, the conduct does not demonstrate a serious inability to practice occupational therapy, adversely affect the public health, safety, or welfare, result in economic or physical harm to a person, or create a significant threat of harm.

The Director proposes to amend N.J.A.C. 13:44K-4.1(c) to codify the existing requirement that applicants must provide the Council with an Initial Verification of Supervision form. Consistent with the amendments to N.J.A.C. 13:44K-3.1 and 3.2, which substitute evidence of good moral character for "Certificates of Good Moral Character" and specify that it is an ongoing requirement for licensure, the Director is also proposing to similarly amend N.J.A.C. 13:44K-4.1. Proposed new N.J.A.C. 13:44K-4.1(e) sets forth the factors the Council will consider to assess good moral character in considering whether to issue a temporary license. Applicants for a temporary license will also need to complete the online New Jersey Jurisprudence Orientation as stated in proposed new subsection (f).

The Director proposes to amend N.J.A.C. 13:44K-4.2(a) and add new subsection (d) to clarify that, if a temporary license holder complies with the renewal procedure set forth in subsection (c), the original temporary license will remain valid, for a period not to exceed 30 calendar days, until the Council issues the renewed temporary license, and the temporary license holder will not be deemed practicing without a license.

[page=1196] As a result of proposed amendments, repeals, and new rules in Subchapter 6, the Director proposes to amend the cross-references in N.J.A.C. 13:44K-5.3(c) and 5.5(d) and (e). In addition, the Director proposes to delete N.J.A.C. 13:44K-5.4(l) because the effective date for the training requirements has passed.

The Director proposes to repeal Subchapter 7, to incorporate those provisions into Subchapter 6, to reorganize the provisions in Subchapter 6 to eliminate duplication, and to clearly set out the qualifications and responsibilities of a designated supervisor, the specific responsibilities related to supervising occupational therapy assistants and temporary license holders, and the responsibilities of the supervisees. The Director proposes amending the heading of Subchapter 6 to reflect that the subchapter will contain all of the provisions relating to supervision.
The Director proposes to amend N.J.A.C. 13:44K-6.1(a), which includes general supervision requirements, to include a temporary licensed occupational therapist, which was previously set forth in N.J.A.C. 13:44K-7.1(a). The Director also proposes to include the requirements of N.J.A.C. 13:44K-7.1(b), which is proposed for repeal as new N.J.A.C. 13:44K-6.1(b) to provide for who is allowed to supervise a temporary licensed occupational therapy assistant. In addition, the Director proposes to amend recodified N.J.A.C. 13:44K-6.1(c) and (d), which provide that the supervising occupational therapist retains responsibility for the occupational therapy care of the client being treated by the supervisee to include a temporary licensed occupational therapist and a temporary licensed occupational therapy assistant, as was set forth in N.J.A.C. 13:44K-7.1(c) and (d), which are proposed for repeal, respectively.

The Director also proposes to amend the heading of N.J.A.C. 13:44K-6.2 to reflect that this section will contain the general qualifications and responsibilities of a designated supervisor. Proposed new N.J.A.C. 13:44K-6.2(a) contains the qualifications previously set forth in subsection (g) that an occupational therapist must have to supervise any person engaged in the practice of occupational therapy services. For consistency throughout the chapter, the Director proposes to amend recodified N.J.A.C. 13:44K-6.2(b) and (c) and subsection (a) (proposed as new, but recodified from subsection (g)) to add "licensed" before occupational therapist. Due to the recodification, the Director proposes to amend the cross-reference in recodified subsection (d). The Director proposes to amend recodified subsection (e) to include temporary licensee as set forth in existing N.J.A.C. 13:44K-7.2(f).

In addition, the Director proposes to recodify existing N.J.A.C. 13:44K-6.2(d), (e), (f), (i), and (j), which relate to the supervision of an occupational therapy assistant, as proposed new N.J.A.C. 13:44K-6.3(a), (b), (c), (d), and (e), with amendments. Proposed new N.J.A.C. 13:44K-6.3 sets forth the responsibilities of a designated supervisor that are specific for the supervision of occupational therapy assistants. The Director also proposes to amend recodified N.J.A.C. 13:44K-6.3(b) to define "full-time basis" as 1,200 hours of practice and to provide that no more than 30 hours of practice may be obtained in any one week.

Proposed new N.J.A.C. 13:44K-6.4 sets forth the responsibilities of a designated supervisor that are specific to the supervision of temporary license holders. Existing N.J.A.C. 13:44K-7.2(e) and (g) are recodified as N.J.A.C. 13:44K-6.4(a) and (b).

Proposed new N.J.A.C. 13:44K-6.5 sets forth the responsibilities of an occupational therapy assistant and temporary license holder. N.J.A.C. 13:44K-6.5(a) incorporates the requirements of existing N.J.A.C. 13:44K-6.3(a) and 7.3(a), which are proposed for deletion. N.J.A.C. 13:44K-6.5(b) incorporates the requirements of existing N.J.A.C. 13:44K-6.3(b) and 7.3(b), which are proposed for deletion. N.J.A.C. 13:44K-6.5(c) incorporates the requirements of existing N.J.A.C. 13:44K-6.3(c) and 7.3(c), which are proposed for deletion.

The Director proposes to amend N.J.A.C. 13:44K-8.1(a) to specify that a licensee must notify the Council "in writing" of a change of the address of record. The Director also proposes to amend N.J.A.C. 13:44K-8.1(c) to require licensees to notify the Council within 30 days of receiving notice of actions affecting the licensee's privileges taken by any institution, organization, or employer related to the practice of occupational therapy or other professional occupational practice in New Jersey, any other state, or in any other jurisdiction.

The Director proposes to amend the definition of "client" in N.J.A.C. 13:44K-8.5(a) to include any person who is the recipient of a consultation. In addition, the Director proposes to amend N.J.A.C. 13:44K-8.5(b) and (d), to expand the prohibition against engaging in, or seeking to engage, in sexual contact to include an immediate family member or guardian of a client with whom the licensee has a client-therapist relationship.

In addition, the Director is proposing to repeal existing N.J.A.C. 13:44K-8.6, 8.7, and 8.8 and replace these with new rules to implement P.L. 2013, c. 182, which became effective on July 1, 2014, and modifies the reinstatement and reactivation requirements for professional or occupational licensees.

Proposed new N.J.A.C. 13:44K-8.6 relates to license renewal. Proposed subsection (a) details the Council's responsibility for providing licensees with renewal notices. Proposed subsection (b) requires licensees to renew their license prior to license expiration. Proposed subsection (c) permits licensees to place their license on inactive status. Proposed subsection (d) establishes a 30-day grace period after the license has expired, during which time a licensee may still renew the license and continue to practice. Proposed subsection (e) mandates that any license not renewed by the end of the grace period will be administratively suspended. Proposed subsection (f) sets forth the consequences for continued practice after an individual's license has been administratively suspended.

Proposed new N.J.A.C. 13:44K-8.7 relates to reactivation of an inactive license. Proposed subsection (a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Council when applying for reactivation of his or her license. Proposed subsection (b) sets forth the criteria that the Council must consider when reviewing an application to determine practice deficiencies, and grants the Council discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

Proposed new N.J.A.C. 13:44K-8.8 relates to reinstatement of a license that has been administratively suspended. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Council to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Council must consider when reviewing an application to determine practice deficiencies and grants the Council discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

The Director proposes to amend the heading of N.J.A.C. 13:44K-8.9 to broaden it from "insurance forms" to "claims submissions forms." In addition, in recognition of practice work flow and that submissions are not always made directly to a third-party payor, the Director proposes to amend N.J.A.C. 13:44K-8.9(a), (b), and (d) to include submissions to a licensee's employer.

In addition, the Director proposes to amend N.J.A.C. 13:44K-9.2(e) to provide that in agency settings, an occupational therapist shall inform clients about how to obtain a copy of the written fee schedule.

The Director proposes new N.J.A.C. 13:44K-10.1(f) to specifically set forth that falsifying a patient's record is prohibited. The Director also proposes to amend N.J.A.C. 13:44K-10.3(a) to reduce from 30 to 14 days the amount of time a licensee must provide a client's record, upon written request by the client, the client's guardian or any other party designated by the client or guardian.

The Director proposes to consolidate the fee schedule categories set forth in N.J.A.C. 13:44K-11.1(a) by referring to the fee for a temporary license and temporary license renewal instead of distinguishing between the types of temporary license holders; there is no change to the fee. In addition, consistent with N.J.A.C. 13:44K-8.6, the Director proposes to amend recodified N.J.A.C. 13:44K-11.1(a)8 and 9 to change 60 days to 30 days.

The Director has provided a 60-day comment period for this notice of proposal, therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

[page=1197] Social Impact

The proposed amendments, repeals, and new rules will have a positive social impact upon licensees and the public. The proposed amendments to N.J.A.C. 13:44K-2.1 and 3.1 to require a master's degree for licensure as an occupational therapist will have a positive impact upon licensees by making the requirements for licensure consistent with the degree for entry-level occupational therapy education required by ACOTE and the requirements for sitting for the certification examination required by NBCOT. There is no impact on those applicants for licensure who obtained their education and passed the certification examination prior to the ACOTE and NBCOT changing their educational requirements. In addition, the proposed amendments to N.J.A.C. 13:44K-2.1, 3.1, and 3.2 that codify the existing procedure for a foreign-trained applicant who did not attend an education program that was accredited by ACOTE or WFOT to be licensed in New Jersey will have a positive social impact on such foreign-trained applicants by specifying the procedures these applicants must follow to be licensed.

Proposed new N.J.A.C. 13:44K-2.2 and 2.3 will help veterans transition from military to civilian life. Veterans who have received training, education, and experience while in the military will be able to have that training, education, and experience evaluated for substantial equivalence to the Council's requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent will be credited towards the requirements for licensure. This procedure will create an efficient process for licensing veterans who have received valuable education and work skills while in the military and will benefit such veterans in their professional careers, as noted in the Economic Impact below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Council anticipates that the proposed new rules will have no adverse effect on public health, safety, or welfare.

The proposed amendments to N.J.A.C. 13:44K-3.1(a), 3.2(a), and 4.1(d) to replace the requirement for two completed "Certificates of Good Moral Character" with evidence of good moral character as set forth in new N.J.A.C. 13:44K-3.1(b), 3.2(b), and 4.1(e) will provide greater clarity as to what the Council is considering when determining whether to license an applicant. Proposed new N.J.A.C. 13:44K-3.1(c), 3.2(c), and 4.1(f), requiring applicants to complete the New Jersey Jurisprudence Orientation, will have a positive impact on occupational therapy licensees and on the consumers they serve by ensuring that licensees are familiar with the statutory and regulatory obligations with which they must comply.
Proposed new N.J.A.C. 13:44K-3.3 will also help occupational therapists and occupational therapy assistants who are licensed in another state become licensed in New Jersey more easily. Instead of having to produce official educational transcripts and verification of test scores, an occupational therapist or an occupational therapy assistant who holds a license in good standing from another state with substantially similar requirements for licensure as New Jersey, whose criminal history background check does not reveal any disqualifying convictions, and who has practiced for a minimum of one year, and not less than 1,200 hours in the five years immediately preceding application, will be licensed through reciprocity.

The proposed amendments to N.J.A.C. 13:44K-4.1 that codify the existing procedure for applicants for a temporary license to provide an Initial Verification of Supervision form will have a positive impact on applicants for temporary licensure by putting them on notice of the required documentation. In addition, proposed new N.J.A.C. 13:44K-4.2(d) clarifies that, as long as the temporary licensee holder complies with the renewal procedure, the original temporary license remains valid for up to 30 days while the Council processes the renewal application.

The proposed amendments to N.J.A.C. 13:44K-8.5 further protect the public by broadening the protections against sexual contact with a client to include a consultation and to include prohibiting engaging in, or soliciting sexual contact with, a client's immediate family member or guardian.

The Director believes that proposed new N.J.A.C. 13:44K-8.7 and 8.8 relating to reactivation and reinstatement will make it easier for licensees to resume the practice of occupational therapy or occupational therapy assisting after holding an inactive license or following a period of administrative suspension. The proposed new rules eliminate the differing standards based on the period of suspension or inactivity for those licenses that have been inactive or administratively suspended for five years or less and those that have been inactive or administratively suspended for more than five years. Under the existing rules, if an applicant has been on inactive status or on administrative suspension for more than five years, he or she must reapply for initial licensure, regardless of his or her individual circumstances, such as continued practice in another jurisdiction. Under the proposed new rules, the Council will assess each application for reactivation or reinstatement on a case-by-case basis; if an applicant can demonstrate competency, he or she will be able to reinstate or reactivate his or her license without having to apply for initial licensure.

The proposed amendments to N.J.A.C. 13:44K-8.9 that change insurance to all claims submission forms and expand claims submitted directly to a third-party payor to an employer may have a positive impact by broadening protections to the public. In addition, the proposed amendment to N.J.A.C. 13:44K-9.2 will have a positive impact on the public by ensuring that clients in agency settings know how to obtain a copy of the written fee schedule. Proposed new N.J.A.C. 13:44K-10.1(f) will have a positive social impact on the public by ensuring that client's records contain truthful information. The proposed amendment to N.J.A.C. 13:44K-10.3(a) will also have a positive impact on clients by reducing the amount of time by which an occupational therapist must, upon request, provide a client with a copy of the client's records.

Economic Impact

The Director believes that the proposed amendments, new rules, and repeals will not have any economic impact on the public.

The Director believes that proposed new N.J.A.C. 13:44K-2.2 and 2.3 may have a positive economic impact on veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure. Achieving licensure may translate into licensees obtaining higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.

The Director also believes that proposed new N.J.A.C. 13:44K-3.3 will continue to have an economic impact on applicants for licensure by reciprocity. Under existing rules, an applicant from another state seeking licensure in New Jersey must apply for initial licensure and is required to pay an application fee and an initial license fee. Under the proposed new rules, an applicant seeking licensure by reciprocity will be required to pay the same application fee and initial license fee.

In addition, the Director believes that proposed new N.J.A.C. 13:44K-8.6, 8.7, and 8.8 will continue to have an economic impact on applicants for renewal, reactivation, and reinstatement. Under proposed new N.J.A.C. 13:44K-8.6, 8.7, and 8.8, licensees will continue to bear the costs associated with license renewal, reactivation, and reinstatement. However, the dollar amount for each of the existing fees for renewal, reactivation, and reinstatement remain unchanged. In addition, proposed new N.J.A.C. 13:44K-8.6, concerning licensure renewal, may have an economic impact upon licensees to the extent that licensees who submit their renewal applications within 30 days of their license expiration date must submit a late fee, in addition to the standard license renewal fee charged by the Council. In addition, the Director believes that proposed new N.J.A.C. 13:44K-8.7 and 8.8 may have a positive economic impact upon licensees seeking to reactivate or reinstate their license. Proposed new N.J.A.C. 13:44K-8.8 may also have an economic impact upon licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees; they are only required to pay for the biennial period immediately preceding the renewal period for which reinstatement is sought.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, repeals, and new rules are governed by N.J.S.A. 45:9-37.51 et seq., and are not subject to any Federal standards or laws.

[page=1198] Jobs Impact

The Director does not anticipate that the proposed amendments, repeals, and new rules will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

The proposed amendments, repeals, and new rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Council licenses approximately 6,175 occupational therapists, 1,040 occupational therapy assistants, and 25 temporary license holders. If these licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The proposed new rules will not impose any new reporting or recordkeeping requirements upon occupational therapy licensees. No professional services will be needed to comply with the proposed new rules. Proposed new N.J.A.C. 13:44K-3.3 establishes compliance requirements for licensure by reciprocity, including a criminal history background check. Proposed amendments to N.J.A.C. 13:44K-8.1, 8.5, 9.2, 10.1, and 10.3 establish compliance requirements that are described in the Summary above. Proposed new N.J.A.C. 13:44K-8.6 sets forth the compliance requirements that licensees must follow in connection with the renewal of their licenses, and proposed new N.J.A.C. 13:44K-8.7 and 8.8 set forth the compliance requirements for licensees applying for reactivation and reinstatement of their license.

No additional professional services will be needed to comply with the proposed amendments or new rules. The cost of compliance with the proposed amendments is discussed in the Economic Impact above. The Director believes that the proposed amendments and new rules should be uniformly applied to all licensed occupational therapists, occupational therapy assistants, and temporary license holders to ensure the health, safety, and welfare of the general public in the provision of occupational therapy services. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.

Housing Affordability Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey; and there is an extreme unlikelihood that the proposed amendments, repeals, and new rules would evoke a change in the average costs associated with housing because the proposed amendments, repeals, and new rules concern the practice of occupational therapy and occupational therapy assisting in the State.

Smart Growth Development Impact Analysis

The proposed amendments, repeals, and new rules will have an insignificant impact on smart growth; and there is an extreme unlikelihood that the proposed amendments, repeals, and new rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, repeals, and new rules concern the practice of occupational therapy and occupational therapy assisting in the State.
Regulations

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:44K-6.3, 7, 8.6, 8.7, and 8.8.

Full text of the proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 2.    OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS: ELIGIBILITY REQUIREMENTS

13:44K-2.1   Eligibility requirements; occupational therapist; occupational therapy assistant

(a) To be eligible for licensure as an occupational therapist, an applicant shall:

1.-2. (No change.)

3. [Have] Except as provided in (d) below,have successfully completed:

i. A [bachelor's] master's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor; or

​ ii. A [bachelor's] master's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and have fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association, the World Federation of Occupational Therapy (WFOT), or other nationally recognized programmatic accrediting agency;

4. Have successfully completed at least 24 weeks of supervised fieldwork experience approved by the educational institution at which the applicant completed the occupational therapy education program in accordance with (a)3i and ii above, or, if applicable, (d) below; and

5. Have successfully [completed] passed the certification examination administered by the National Board for Certification in Occupational Therapy (NBCOT), or its predecessors.

(b) To be eligible for licensure as an occupational therapy assistant, an applicant shall:
1.-4. (No change.)

5. Have successfully [completed] passed the certification examination administered by the National Board for Certification in Occupational Therapy (NBCOT), or its predecessors.

(c)A foreign-trained applicant who did not attend an education program that was accredited by ACOTE or WFOT at the time of the applicant's graduation may be eligible for licensure if the applicant can demonstrate that he or she has completed educational and fieldwork requirements substantially equivalent to those in this State. An applicant shall complete all other requirements required for licensure as set forth in N.J.A.C. 13:44K-3.1 or 3.2, as applicable.
1. To demonstrate substantial equivalence to the education requirements, a foreign-trained applicant shall provide the Council with a letter from the National Board of Certification in Occupational Therapy (NBCOT) verifying that it has assessed the applicant's academic credentials and permitted the applicant to sit for the examination. An applicant may request from NBCOT a credential evaluation letter at http://www.nbcot.org.
2. The Council shall consider the NBCOT credential evaluation letter along with the applicant's transcripts and proof of fieldwork experience.

(d) The master's degree requirement for licensure as an occupational therapist shall not apply to an applicant who:

1. Prior to January 1, 2007, has successfully completed:
i. A bachelor's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor; or
ii. A bachelor's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and has fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, the World Federation of Occupational Therapy, or other nationally recognized programmatic accrediting agency;

2. Prior to January 1, 2007, has satisfied the fieldwork experience required in (a)4 above and successfully passed the certification examination for occupational therapists; and

3. The applicant has met all other requirements for licensure.

13:44K-2.2        Credit towards licensure as an occupational therapist for education, training, and experience received while serving as a member of the Armed Forces

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure as an [page=1199] occupational therapist under N.J.A.C. 13:44K-2.1(a) may apply to the Council for recognition of the applicant's training, education, and/or experience received while serving as a member of the Armed Forces, which the Council shall consider together with any training, education, and/or experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.

(b) The Council shall issue a license as an occupational therapist to the applicant if the applicant presents evidence to the Council that:

1. The applicant has been honorably discharged from active military service;

2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside of the Armed Forces is substantially equivalent in scope and character to the training, experience, and education required for licensure as an occupational therapist under N.J.A.C. 13:44K-2.1(a).

i. An applicant seeking credit for military training and experience shall submit to the Council the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586, or a successor form, as amended and supplemented.

ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold a master's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor shall submit to the Council a Joint Services Transcript of his or her education/training received in the military for a determination that the education courses completed are substantially equivalent in level, scope, and intent to the educational requirements set forth in N.J.A.C. 13:44K-2.1(a). For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Council shall consider only those courses relevant to the practice of occupational therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

iii. An applicant seeking credit for education courses completed while in the military who does not hold a master's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor or who has not fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, the World Federation of Occupational Therapy, or other nationally recognized programmatic accrediting agency shall submit to the Council a Joint Services Transcript of his or her education/training received in the military for a determination that the education courses completed are substantially equivalent in level, scope, and intent to the educational requirements set forth in N.J.A.C. 13:44K-2.1(a). For the purpose of determining substantial equivalence of the applicant's military education or training, the Council shall consider only those courses relevant to the practice of occupational therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and

3. The applicant complies with all other requirements for licensure, including successfully passing the certification examination administered by the National Board for Certification in Occupational Therapy (NBCOT), or its predecessors, as set forth in N.J.A.C. 13:44K-2.1(a).

(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or service gained in the military for review and consideration.

(d) If the applicant's military training, education, or experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure as an occupational therapist, the Director and Council shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:44K-2.1(a) for the issuance of the license as an occupational therapist.

(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.

13:44K-2.3        Credit towards licensure as an occupational therapy assistant for education, training, and experience received while serving as a member of the Armed Forces

(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure as an occupational therapy assistant under N.J.A.C. 13:44K-2.1(b) may apply to the Council for recognition of the applicant's training, education, and/or experience received while serving as a member of the Armed Forces, which the Council shall consider together with any training, education, and/or experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.

(b) The Council shall issue a license to the applicant if the applicant presents evidence to the Council that:

1. The applicant has been honorably discharged from active military service;

2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside of the Armed Forces is substantially equivalent in scope and character to the training, experience, and education required for licensure as an occupational therapy assistant under N.J.A.C. 13:44K-2.1(b).

i. An applicant seeking credit for military training and experience shall submit to the Council the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586, or a successor form, as amended and supplemented.

ii. An applicant seeking credit for education courses completed while in the military and outside of the military who does not hold an associate's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor shall submit to the Council a transcript of his or her education for a determination that the education courses completed are substantially equivalent in level, scope, and intent to the educational background under N.J.A.C. 13:44K-2.1(b). For the purpose of determining substantial equivalence of the applicant's military education or training, the Council shall consider only those courses relevant to the practice of occupational therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

iii. An applicant seeking credit for education courses completed while in the military and outside of the military who does not hold an associate's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor or who has not fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, the World Federation of Occupational Therapy, or other nationally recognized programmatic accrediting agency shall submit to the Council a Joint Services Transcript of his or her education/training received in the military for a determination that the education courses completed are substantially equivalent in level, scope, and intent to the educational requirements set forth in N.J.A.C. 13:44K-2.1(b). For the purpose of determining substantial equivalence of the applicant's military education or training, the Council shall consider only those courses relevant to the practice of occupational therapy that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and

3. The applicant complies with all other requirements for licensure, including successfully passing the certification examination administered by the National Board for Certification in [page=1200] Occupational Therapy (NBCOT), or its predecessors, as set forth in N.J.A.C. 13:44K-2.1(b).

(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or service gained in the military for review and consideration.
(d) If the applicant's military training, education, or experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure as an occupational therapy assistant, the Council shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements of N.J.A.C. 13:44K-2.1(b) for the issuance of the license as an occupational therapy assistant.

(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.

SUBCHAPTER 3.    OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS: LICENSING PROCEDURE
13:44K-3.1   Licensing procedure: occupational therapist
(a) An applicant for licensure as an occupational therapist shall submit the following to the Council:

1. A completed application form, which contains the following:
i. Documentation of the applicant's education, including official transcripts, which indicate that the applicant received a [bachelor's] master's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor, which shall be forwarded to the Council directly by the college or university. If the applicant has completed all academic and administrative requirements necessary for the degree, but has not had the degree conferred by the university or college, the applicant may apply for a temporary license pursuant to N.J.A.C. 13:44K-4.1(b);

ii. If the applicant has received a [bachelor's] master's degree or its equivalent in any field other than occupational therapy, documentation of the applicant's education, including official transcripts, which indicate that the applicant has completed the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association (ACOTE), the World Federation of Occupational Therapy (WFOT), or other nationally recognized programmatic accrediting agency, which shall be forwarded to the Council directly by the educational program. If the applicant has completed all academic and administrative requirements necessary for completion of an educational program in occupational therapy, but has not had the program certificate conferred by the educational institution, the applicant may apply for a temporary license pursuant to N.J.A.C. 13:44K-4.1(b);

iii.If the applicant is a foreign-trained applicant who did not attend an education program that was accredited by ACOTE or WFOT at the time of the applicant's graduation, documentation demonstrating that he or she has completed educational and fieldwork requirements substantially equivalent to those in this State. To demonstrate substantial equivalence to the education requirements, a foreign-trained applicant shall provide the Council with a letter from the National Board of Certification in Occupational Therapy (NBCOT) verifying that it has assessed the applicant's academic credentials and permitted the applicant to sit for the certification examination for occupational therapist or occupational therapy assistants, as applicable. An applicant may request from NBCOT a credential evaluation letter at http://www.nbcot.org.
iv. For applicants who, prior to January 1, 2007, successfully completed a bachelor's degree or its equivalent, documentation of the applicant's education, including official transcripts, which indicate that the applicant received:

(1)A bachelor's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor; or

(2) A bachelor's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and have fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, the World Federation of Occupational Therapy or other nationally recognized programmatic accrediting agency;

[iii.] v. Documentation that the applicant has successfully completed at least 24 weeks of supervised field-work experience, with a minimum of 720 hours, approved by the educational institution at which the applicant completed the occupational therapy education program in accordance with (a)1i or ii, or, if applicable, iv above, which shall be submitted to the Council directly by the educational institution. The applicant shall have completed the 24 weeks of supervised fieldwork experience within 24 months of completing the academic requirements of the educational institution;

[iv.] vi. For applicants who have taken the certification examination prior to January 1, 2003, a "Verification of Certification" letter from the National Board for Certification in Occupational Therapy (NBCOT) indicating that the candidate has successfully [completed] passed the certification examination for occupational therapists;

[v.] vii. For applicants who have taken the certification examination on or after January 1, 2003, a score transfer from NBCOT indicating that the candidate has successfully [completed] passed the certification examination for occupational therapists;

[vi. Two completed "Certificates of Good Moral Character";]
viii. An applicant for initial licensure shall submit evidence of good moral character, as set forth in (b) below, which shall be an ongoing requirement for licensure;

Recodify existing vii.-viii. as ix.-x. (No change in text.)
2.-4. (No change.)
(b)In determining whether the applicant shall be licensed in the State, the Council shall consider evidence, whether the applicant:

1. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice occupational therapy with reasonable skill and safety. For purposes of this section, the term "presently" means at the time of application or any time within the 365 days prior to the time of application;

2. Has been convicted of violating any law of this State or any other state of the United States relating to controlled dangerous substances or other habit-forming drugs;

3. Has been convicted of violating any law relating to the practice of occupational therapy consistent with N.J.S.A. 45:1-21(f);

4. Has been convicted of a crime involving moral turpitude; and/or

5. Has had disciplinary action taken against his or her license by any licensing board.

(c) An applicant shall complete the New Jersey Jurisprudence Orientation.

13:44K-3.2   Licensing procedure: occupational therapy assistant

(a) An applicant for licensure as an occupational therapy assistant shall submit the following to the Council:

1. A completed application form, which contains the following:

i.-ii. (No change.)

iii.If the applicant is a foreign-trained applicant who did not attend an education program that was accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) or the World Federation of Occupational Therapy (WFOT) at the time of the applicant's graduation, documentation demonstrating that he or she has completed educational and fieldwork requirements substantially equivalent to those in this State. To demonstrate substantial equivalence to the education requirements, a foreign-trained applicant shall provide the Council with a letter from the National Board of Certification in Occupational Therapy (NBCOT) verifying that it has assessed the applicant's academic credentials and permitted the applicant to sit [page=1201] for the examination. An applicant may request from NBCOT a credential evaluation letter at http://www.nbcot.org.
[iii.] iv. (No change in text.)

[iv.] v. For applicants who have taken the certification examination prior to January 1, 2003, a "Verification of Certification" letter from the [National Board for Certification in Occupational Therapy (]NBCOT[)] indicating that the applicant has successfully [completed] passed the certification examination for occupational therapy assistants;
[v.] vi. For applicants who have taken the certification examination on or after January 1, 2003, a score transfer from NBCOT indicating that the candidate has successfully [completed] passed the certification examination for occupational therapy assistants;
[vi. Two completed "Certificates of Good Moral Character";]

vii.An applicant for initial licensure shall submit evidence of good moral character, as set forth in (b) below, which shall be an ongoing requirement for licensure;

Recodify existing vii.-viii. as viii.-ix. (No change in text.)
2.-4. (No change.)

(b)In determining whether the applicant shall be licensed in the State, the Council shall consider evidence, which demonstrates that the applicant:
1. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice occupational therapy with reasonable skill and safety. For purposes of this section, the term "presently" means at the time of application or any time within the 365 days prior to the time of application;

2. Has been convicted of violating any law of this State or any other state of the United States relating to controlled dangerous substances or other habit-forming drugs;

3. Has been convicted of violating any law relating to the practice of occupational therapy consistent with N.J.S.A. 45:1-21(f);

4. Has been convicted of a crime involving moral turpitude; and/or

5. Has had disciplinary action taken against his or her license by any licensing board.

(c) An applicant shall complete the New Jersey Jurisprudence Orientation.

13:44K-3.3        Licensure by reciprocity

(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Council shall issue a license as an occupational therapist or occupational therapy assistant, as applicable, to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:

1. The Council determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current standards of this State;

2. The applicant has been practicing as a licensed occupational therapist or occupational therapy assistant, as applicable, or its equivalent in another state, for a period of at least one year, and not less than 1,200 hours, within the five years prior to the date of application; and

3. The requirements of (c) below are satisfied.

(b) Prior to the issuance of the license, the Council shall have received:

1. Documentation reasonably satisfactory to the Council that the applicant's license in each state in which the applicant is licensed is in good standing;
2. The results of a criminal history record background check of the files of the Criminal Justice Information Services Division in the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police that do not disclose a conviction for a disqualifying crime; and

3. Designation of an agent in this State for service of process if the applicant is not a State resident and does not have an office in this State.

(c) For purposes of this section, "good standing" means that:

1. No action has been taken against the applicant's license by any licensing board;

2. No action adversely affecting the applicant's privileges to practice occupational therapy has been taken by any out-of-State institution, organization, or employer;

3. No disciplinary proceeding is pending that could affect the applicant's privileges to practice occupational therapy;

​ 4. All fines levied by any out-of-State board have been paid; and
5. There is no pending or final action by any criminal authority for violation of law or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.
(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.
(e) If the education and examination requirements in the state in which the applicant is licensed are not substantially equivalent to the Council's current standards as required in (a) above, the Council will consider an applicant's individual experience to compensate for such disparity. In making a determination whether an applicant's experience would compensate for such disparity in substantial equivalence in education or examination, the Council shall consider the following:
1. Length of the experience;
2. Whether the experience was supervised by another individual;
3. The applicant's professional history;
4. The applicant's employment history; and
5. The applicant's education history.
(f) Not later than six months after the issuance of a license, an applicant shall provide the Council with evidence reasonably satisfactory to the Council verifying the applicant's education, training, and examination results.
(g) The Council, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.
(h) An applicant shall complete the New Jersey Jurisprudence Orientation.
(i) The Council may grant a license without examination to an applicant seeking reciprocity who holds a corresponding license from another state who does not meet the good standing requirement of (a) above due to a pending action by a licensing board, a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding, or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice occupational therapy; adversely affect the public health, safety, or welfare; result in economic or physical harm to a person; or create a significant threat of such harm.
SUBCHAPTER 4.    TEMPORARY LICENSES
13:44K-4.1   Temporary license
(a)-(b) (No change.)
(c) An applicant for temporary licensure as an occupational therapist shall submit the following to the Council:
1. A completed application form, which contains the following:
i.-iv. (No change.)
v. [Two completed "Certificates of Good Moral Character"] Evidence of good moral character, as set forth in (e) below, which shall be an ongoing requirement for licensure;
vi. A "Verification of State License" form from any state in which the applicant is now or has ever been licensed to practice as an occupational [page=1202] therapist, which shall be forwarded to the Council by the state in which the license is or was held; [and]
vii. A certified verification of name change, if applicable; and
viii. An Initial Verification of Supervision form;
2.-4. (No change.)
(d) An applicant for temporary licensure as an occupational therapy assistant shall submit the following to the Council:
1. A completed application form, which contains the following:
i.-iv. (No change.)
v. [Two completed "Certificates of Good Moral Character"] Evidence of good moral character, as set forth in (e) below, which shall be an ongoing requirement for licensure;
vi. A "Verification of State License" form from any state in which the applicant is now or has ever been licensed to practice as an occupational therapist, which shall be forwarded to the Council by the state in which the license is or was held; [and]
vii. A certified verification of name change, if applicable; and

​ viii. An Initial Verification of Supervision form;

2.-4. (No change.)
(e)In determining whether the applicant shall be licensed in this State, the Council shall consider evidence, which demonstrates that the applicant:

1. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice occupational therapy with reasonable skill and safety. For purposes of this section, the term "presently" means at the time of application or any time within the 365 days prior to the time of application;

2. Has been convicted of violating any law of this State or any other state relating to controlled dangerous substances or other habit-forming drugs;

3. Has been convicted of violating any law relating to the practice of occupational therapy or occupational therapy assisting consistent with N.J.S.A. 45:1-21(f);

4. Has been convicted of a crime involving moral turpitude; and/or

5. Has had disciplinary action taken against his or her license by any licensing board.

(f) An applicant for temporary licensure shall complete the New Jersey Jurisprudence Orientation.

13:44K-4.2   Expiration of temporary license; renewal of temporary license
(a) (No change.)

(b) [A] Except as provided under (d) below, a temporary license shall expire automatically upon the temporary license holder being notified of failure of the licensure examination. Upon notification of failure of the initial examination, a temporary license holder may apply to the Council for renewal of the temporary license as provided in (c) below.
(c) (No change.)

(d)If a temporary license holder has complied with the renewal procedure set forth in (c) above, until the renewed temporary license is issued by the Council but in no case for a period exceeding 30 calendar days, the original temporary license shall remain valid and the temporary license holder shall not be deemed practicing without a license.
Recodify existing (d)-(f) as (e)-(g) (No change in text.)

SUBCHAPTER 5.    SCOPE OF PRACTICE

13:44K-5.3 Delegation of occupational therapy services

(a)-(b) (No change.)
(c) The licensed occupational therapist shall be responsible for the proper supervision of persons to whom delegation of occupational therapy services is made. Such supervision shall be close, routine, or general supervision. The degree of supervision exercised over such persons shall be determined by the licensed occupational therapist consistent with the requirements set forth in N.J.A.C. 13:44K-[6.2]6.3 and based on an evaluation of:
1.-3. (No change.)

(d) (No change.)
13:44K-5.4   Use of physical agent modalities by a licensed occupational therapist; delegation to licensed occupational therapy assistant

(a)-(k) (No change.)

[(l) A licensed occupational therapist who uses the advanced physical agent modalities set forth in (c) above shall submit documentation verifying that he or she has obtained training in the use of advance physical agent modalities that is substantially similar to the requirements set forth in (e) above on or before May 4, 2010. After May 4, 2010, a licensed occupational therapist shall meet the requirements set forth in (e) or (f) above in order to use advanced physical agent modalities.]
[(m)] (l) (No change in text.)
13:44K-5.5   Use of physical agent modalities by a licensed occupational therapy assistant; supervisor responsibilities

(a)-(c) (No change.)
(d) A licensed occupational therapy assistant shall use advanced physical agent modalities only under the supervision of a licensed occupational therapist who has:
1. Met the experience requirements of N.J.A.C. 13:44K-6.2[(g)](a); and
2. (No change.)

(e) A licensed occupational therapist shall supervise the use of advanced physical agent modalities by a licensed occupational therapy assistant consistent with the following:
1. The supervising occupational therapist shall provide close supervision, as defined in N.J.A.C. 13:44K-1.2, of the licensed occupational therapy assistant, during which time the occupational therapist shall directly observe the occupational therapy assistant's application of each type of modality in a patient treatment setting no fewer than five times. Documentation of such supervision shall be maintained by the supervising occupational therapist consistent with the requirements of N.J.A.C. 13:44K-6.2[(h)](e) and by the licensed occupational therapy assistant consistent with the requirements of N.J.A.C. 13:44K-[6.3(c)]6.5(c);

2. Following the five instances of direct observation of the licensed occupational therapy assistant's application of a particular type of modality, the supervising occupational therapist shall determine the level of supervision required of the occupational therapy assistant, consistent with the requirements of N.J.A.C. 13:44K-[6.2(e)]6.3(b).

i. Notwithstanding (e)2 above, the occupational therapist shall continue to provide close supervision for any occupational therapy assistant who has been engaged in the practice of occupational therapy services for less than one year on a full-time basis, consistent with the requirements of N.J.A.C. 13:44K-[6.2(e)]6.3(b); and

3. The supervising occupational therapist shall satisfy all supervisor responsibilities set forth in N.J.A.C. 13:44K-6.2 and 6.3 and/or 6.4, as applicable.

(f)-(j) (No change.)
SUBCHAPTER 6.    SUPERVISION [OF OCCUPATIONAL THERAPY ASSISTANTS]

13:44K-6.1   Supervision requirement[: occupational therapy assistant]

(a) A licensed occupational therapy assistant or temporary licensed occupational therapist shall provide occupational therapy services only under the supervision of a licensed occupational therapist pursuant to the provisions of this subchapter.
(b)A temporary licensed occupational therapy assistant shall work only under the supervision of a licensed occupational therapist, or a licensed occupational therapy assistant who has been delegated supervisory responsibilities pursuant to N.J.A.C. 13:44K-6.6, pursuant to the provisions of this subchapter.

[(b)] (c) The supervising occupational therapist shall retain responsibility for the occupational therapy care of the client being treated by the licensed occupational therapy assistant, a temporary licensed occupational therapist, or a temporary licensed occupational therapy assistant.

[(c)] (d) In the event of a change of the supervising occupational therapist, the subsequent supervisor shall assume responsibility for the ongoing supervision of any occupational therapy assistant(s), temporary [page=1203] licensed occupational therapist(s), or temporary licensed occupational therapy assistant(s) providing care to a client and shall become the designated supervisor.

13:44K-6.2   [Responsibilities of designated] Designated supervisor: general qualifications and responsibilities

(a)Prior to supervising any person engaged in the practice of occupational therapy services, a licensed occupational therapist shall have at least 1,200 hours of work experience obtained in no less than one year and within three consecutive years of practice.

[(a)] (b) [An] A licensed occupational therapist shall not supervise more than five licensees, including occupational therapy assistants, temporary licensed occupational therapists, or temporary licensed occupational therapy assistants.

[(b)] (c) [An] A licensed occupational therapist may supervise five occupational therapy students who are fulfilling the required fieldwork component of their educational training.

[(c)] (d) Notwithstanding the provisions of [(a) and] (b) and (c) above, a licensed occupational therapist shall not supervise more than seven persons at one time.

[(d) A designated supervisor shall be responsible for the close, routine or general supervision of an occupational therapy assistant.

(e) A designated supervisor shall determine the level of supervision required of each occupational therapy assistant consistent with the condition of the client, the education, skill and training of the occupational therapy assistant and the nature of the tasks and activities to be performed by the occupational therapy assistant; provided, however, that a designated supervisor shall provide close supervision for any occupational therapy assistant who has been engaged in the practice of occupational therapy for less than one year on a full-time basis.
(f) When providing routine or general supervision of an occupational therapy assistant, a designated supervisor may also provide interim supervision of the occupational therapy assistant through telephonic or written communications, including reports and/or conferences, between the supervisor and the occupational therapy assistant.
(g) Notwithstanding the provisions of (a) through (d) above, prior to supervising any person engaged in the practice of occupational therapy services, an occupational therapist shall have at least 1,200 hours of work experience obtained in no less than one year and in no more than three years of practice.]

[(h)] (e) A designated supervisor shall maintain a written plan of supervision [which] that shall include evidence of the ongoing supervision of each occupational therapy assistant and temporary licensee for whom the supervisor is responsible.

[(i) A designated supervisor who is unavailable to provide occupational therapy assistants with either routine or general supervision as required in (d) through (f) above, for two or more contact periods, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.

(j) A designated supervisor who is unable to provide occupational therapy assistants with close supervision as required in (e) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.]

13:44K-6.3        Responsibilities of a designated supervisor: occupational therapy assistant

(a) A designated supervisor shall be responsible for the close, routine, or general supervision of an occupational therapy assistant.
(b) A designated supervisor shall determine the level of supervision required of each occupational therapy assistant consistent with the condition of the client, the education, skill, and training of the occupational therapy assistant, and the nature of the tasks and activities to be performed by the occupational therapy assistant; provided, however, that a designated supervisor shall provide close supervision for any occupational therapy assistant who has been engaged in the practice of occupational therapy services for less than one year on a full-time basis.

1. For purposes of this subsection, "full-time basis" means 1,200 hours of practice. No more than 30 hours of practice shall be obtained in any one week.

(c) When providing routine or general supervision of an occupational therapy assistant, a designated supervisor may also provide interim supervision of the occupational therapy assistant through telephonic or written communications, including reports and/or conferences, between the supervisor and the occupational therapy assistant.

(d) A designated supervisor who is unavailable to provide occupational therapy assistants with either routine or general supervision as required in (a), (b), or (c) above, for two or more contact periods, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.

(e) A designated supervisor who is unable to provide occupational therapy assistants with close supervision as required in (b) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.

13:44K-6.4        Responsibilities of a designated supervisor: temporary license holder

(a) A designated supervisor shall be responsible for the close supervision of a temporary license holder.

(b) A designated supervisor who is unavailable to provide a temporary license holder with supervision as required by (a) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.

13:44K-6.5        Responsibilities of an occupational therapy assistant and temporary license holder

(a) An occupational therapy assistant, a temporary licensed occupational therapist, or a temporary licensed occupational therapy assistant shall not render nor continue to render client care unless he or she has obtained ongoing direction from his or her designated supervisor.

(b) An occupational therapy assistant, a temporary licensed occupational therapist, and a temporary licensed occupational therapist assistant shall each be responsible for clients within the limits of his or her respective scope of practice pursuant to N.J.A.C. 13:44K-5.1 or 5.2, as applicable.
(c)An occupational therapy assistant,a temporary licensed occupational therapist, and a temporary licensed occupational therapist assistant shall maintain a record of supervision, which shall include the name and license number of his or her designated supervisor, the date when the occupational therapy assistant or temporary licensee received supervision, and the type of supervision that was provided.

13:44K-[6.4]6.6          (No change in text.)
SUBCHAPTER 7.              (RESERVED)

SUBCHAPTER 8.    GENERAL OBLIGATIONS OF LICENSEES
13:44K-8.1   Notification of change of address of record; service of process
(a) A licensee shall notify the Council, in writing, within 30 days, of any change in his or her address of record. For purposes of this section, "address of record" means an address designated by a licensee, which is part of the public record and which may be disclosed upon request.

"Address of record" may be a licensee's home, business, or mailing address, but shall not be a post office box unless the licensee also provides another address, which includes a street, city, state, and zip code.

(b) (No change.)
(c) A licensee shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction or actions affecting the licensee's privileges taken by any institution, organization, or employer related to the practice of occupational therapy, occupational therapy assisting, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction, report to the Council in writing his or her receipt of such notification.

[page=1204] 13:44K-8.5 Sexual misconduct
(a) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:

"Client" means any person who is the recipient of occupational therapy evaluation, instruction [or], treatment,or consultation rendered by a licensee.
…
(b) A licensee shall not engage in sexual contact with a client or immediate family member or guardian of a client with whom he or she has a client-therapist relationship. The client-therapist relationship is ongoing for purposes of this section, unless:
1.-2. (No change.)
(c) (No change.)

(d) A licensee shall not seek or solicit sexual contact with a client or immediate family member or guardian of a client with whom he or she has a client-therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.

(e)-(k) (No change.)

13:44K-8.6        License renewal

(a) The Council shall send a notice of renewal to each licensed occupational therapist and licensed occupational therapy assistant, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.

(b) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Council, along with the renewal fee set forth in N.J.A.C. 13:44K-11.1, prior to the date of license expiration.
(c) A licensee may renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of occupational therapy, occupational therapy assisting, or hold himself or herself out as eligible to engage in the practice of occupational therapy or occupational therapy assisting in New Jersey until such time as the license is returned to active status.

(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:44K-11.1. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license, as applicable.

(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.

(f) A licensee who continues to engage in the practice of occupational therapy or occupational therapy assisting with a suspended license shall be deemed to be engaging in the unauthorized practice of occupational therapy or occupational therapy assisting and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:44K-8.7        License reactivation

(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:44K-8.6(c) may apply to the Council for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:

1. A renewal application;

2. A certification of employment listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer; and

3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:44K-11.1.

i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:44K-11.1.

ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:44K-11.1.

(b) If a Council review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Council may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Council prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Council may require the applicant as a condition of reactivation of licensure to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Council determines is necessary to assure that the applicant practices with reasonable skill and safety. The Council, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Council following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Council shall consider the following non-exhaustive issues:

1. Length of duration license was inactive;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of occupational therapy or occupational therapy assisting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of occupational therapy or occupational therapy assisting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:44K-8.8        License reinstatement

(a) A licensee who has had his or her license suspended pursuant to N.J.A.C 13:44K-8.6(e) may apply to the Council for reinstatement. A licensee applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;

3. The renewal fee for the biennial period for which reinstatement is sought;

4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought; and

5. The reinstatement fee as set forth in N.J.A.C. 13:44K-11.1.

(b) If a Council review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Council may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Council prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Council may require the applicant as a condition of reinstatement of licensure to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Council determines is necessary to assure that the applicant practices with reasonable skill and safety. The Council, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Council following the restoration of the license. In making its determination whether there are practice deficiencies requiring [page=1205] remediation, the Council shall consider the following non-exhaustive issues:

1. Length of duration license was suspended;

2. Employment history;

3. Professional history;

4. Disciplinary history and any action taken against the applicant's license by any licensing board;

5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of occupational therapy, occupational therapy assisting, or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7. Civil litigation related to the practice of occupational therapy, occupational therapy assisting, or other professional or occupational practice in New Jersey, any other state, the District of Columbia or in any other jurisdiction.

13:44K-8.9   [Insurance] Claims submissions forms
(a) No licensee shall submit any claim, bill, or governmental assistance claim to a third-party payor or employer for occupational therapy services rendered to any client that involves dishonesty, fraud, deception, or misrepresentation.

(b) No licensee shall submit to a third-party payor or employer any claim, bill, or governmental assistance claim, which contains any of the following:

1.-4. (No change.)
(c) (No change.)

(d) The accuracy of all information contained in written or electronic submissions to a third-party payor or employer, including pre-determinations, claims, bills, or governmental assistance claims, shall be the personal responsibility of the licensee whose name, license number, or signature appears on the signature line of the claim. In the case of electronic claims the licensee identified as the provider shall be held responsible for the accuracy of the information whether or not said licensee actually completed the claim. The Council shall presume that the licensee identified on the claim reviewed its contents and approved its submission. It shall not be a defense to an allegation of a violation of this section that the claim was completed or submitted by an agent of the licensee.

(e) (No change.)

SUBCHAPTER 9.    BUSINESS PRACTICES; PROFESSIONAL CONDUCT
13:44K-9.2   Financial arrangements with clients and [third party] third-party payors
(a)-(d) (No change.)

(e) An occupational therapist shall provide a copy of a written fee schedule to any interested person upon request. When the fee is set by a medical, health, educational, or social agency, an occupational therapist shall inform the client about how to obtain a copy of the written fee schedule.
SUBCHAPTER 10.  CLIENT RECORDS
13:44K-10.1    Preparation and maintenance of client records

(a)-(e) (No change.)

(f)A licensed occupational therapist, or a licensed occupational therapy assistant acting under the supervision of a licensed occupational therapist, shall not falsify a patient's record.
13:44K-10.3    Release of client records

(a) An occupational therapist shall provide one copy of the client record of the occupational therapy services provided by the licensee within [30] 14 days of a written request by the client, the client's guardian, or any other party designated by the client or the client's guardian.
(b)-(f) (No change.)

SUBCHAPTER 11.  FEES
13:44K-11.1    Fee schedule
(a) The following fees shall be charged by the Occupational Therapy Council:

1.-5. (No change)
6. Temporary license[-occupational therapist] ..................… 50.00
[7. Temporary license-occupational therapy assistant .......… 50.00]

[8.] 7. Temporary license renewal[-occupational therapist] .. 50.00
[9. Temporary license renewal-occupational therapy assistant ..........................................................… 50.00]
[10.] 8. Late renewal (up to [60] 30 days after renewal deadline) ...................................................… 40.00
[11.] 9. Reinstatement fee (over [60] 30 days from renewal deadline) ...................................................…  80.00

Recodify existing 12.-13. as 10.-11. (No change in text.)

NEW JERSEY REGISTER
Copyright © 2018 by the New Jersey Office of Administrative Law

End of Document