Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adapting environments for individuals with disabilities" includes assessing needs, identifying strategies, implementing and training in the use of strategies, and evaluating outcomes. Occupational therapy focuses on the interaction of an individual's skills and abilities, the features of the environment, and the demands and purposes of activities.
(2) "Board" means the occupational therapy practice board.
(3) "Clients" includes those to whom occupational therapy services are delivered.
(4) "Client-related tasks" are routine tasks during which an occupational therapy aide may interact with the client but does not act as a primary service provider of occupational therapy services. The following factors must be present when an occupational therapist or occupational therapy assistant delegates a selected client-related task to the aide:
(a) The outcome anticipated for the delegated task is predictable;
(b) The status of the client and the environment is stable and will not require that the aide make judgments, interpretations, or adaptations;
(c) The client has demonstrated some previous performance ability in executing the task; and
(d) The task routine and process have been clearly established.
(5) "Commonly accepted standards for the profession" in RCW
18.59.040 (5)(b) and
18.59.070 shall mean having passed the National Board for Certification in Occupational Therapy or its successor/predecessor organization, not having engaged in unprofessional conduct or gross incompetency as established by the board in WAC
246-847-160 for conduct occurring prior to June 11, 1986, and as established in RCW
18.130.180 for conduct occurring on or after June 11, 1986.
(6) "Department" means the department of health.
(7) "Evaluation" means the process of obtaining and interpreting data necessary for treatment which includes, but is not limited to, planning for and documenting the evaluation process and results. The evaluation data may be gathered through record review, specific observation, interview, and the administration of data collection procedures which include, but are not limited to, the use of standardized tests, performance checklists, and activities and tasks designed to evaluate specific performance abilities.
(8) "Occupational therapy aide" means a person who is trained by an occupational therapist or occupational therapy assistant to perform client and nonclient related tasks. Occupational therapy aides are not primary service providers of occupational therapy in any practice setting. Occupational therapy aides do not provide skilled occupational therapy services.
(9) "Professional supervision" of an occupational therapy aide as described in RCW
18.59.020(5) means in-person contact at the treatment site by an occupational therapist or occupational therapy assistant licensed in the state of Washington. When client-related tasks are provided by an occupational therapy aide more than once a week, professional supervision must occur at least weekly. When client-related tasks are provided by an occupational therapy aide once a week or less, professional supervision must occur at least once every two weeks.
(10) "Regular consultation with an occupational therapy assistant" means at least monthly contact with the supervising occupational therapist licensed in the state of Washington, with further supervision available as needed.
(11) "Scientifically based use of purposeful activity" means the treatment of individuals using established methodology based upon the behavioral and biological sciences and includes the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. "Occupations" are activities having unique meaning and purpose in an individual's life.
(12) "Teaching daily living skills" means the instruction in daily living skills by an occupational therapist or occupational therapy assistant based upon the evaluation of all the components of the individual's disability and the adaptation or treatment based on the evaluation.
[Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-010, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
43.70.442 and
18.59.130. WSR 14-05-016, § 246-847-010, filed 2/10/14, effective 2/15/14. Statutory Authority: RCW
18.59.130. WSR 07-20-076, § 246-847-010, filed 10/1/07, effective 11/1/07; WSR 92-18-015 (Order 300B), § 246-847-010, filed 8/24/92, effective 9/24/92; WSR 91-11-064 (Order 171B), § 246-847-010, filed 5/16/91, effective 6/16/91; WSR 91-05-027 (Order 112B), recodified as § 246-847-010, filed 2/12/91, effective 3/15/91. Statutory Authority: Chapter
18.59 RCW. WSR 90-16-071 (Order 075), § 308-171-001, filed 7/30/90, effective 8/30/90. Statutory Authority: RCW
18.59.130 and
18.130.050. WSR 87-09-044 (Order PM 645), § 308-171-001, filed 4/14/87. Statutory Authority: RCW
18.59.130(2) and
18.130.050(1). WSR 86-17-064 (Order PM 610), § 308-171-001, filed 8/19/86. Statutory Authority: RCW
18.59.130(2) and
18.59.020(5). WSR 86-10-004 (Order PL 588), § 308-171-001, filed 4/24/86. Statutory Authority: RCW
18.59.130(2). WSR 85-12-010 (Order PL 529), § 308-171-001, filed 5/23/85. Statutory Authority: RCW
18.59.130(2) and
18.59.020. WSR 85-05-008 (Order PL 513), § 308-171-001, filed 2/11/85.]
(Effective until January 1, 2024)
Continued competency.
Licensed occupational therapists and licensed occupational therapy assistants must complete thirty hours of continued competency every two years in the form of continuing education and professional development. The licensee must submit documentation upon request as required by chapter
246-12 WAC.
(1) Beginning January 1, 2014, as part of their continued competency, occupational therapists and occupational therapy assistants are required to obtain at least three hours of training every six years in suicide assessment as specified in WAC
246-847-066. The licensee must keep documentation for six years.
(a) Except as provided in (b) of this subsection, an occupational therapist or occupational therapy assistant must complete the first training required by this section during the first full continued competency reporting period after January 1, 2014, or the first full continued competency reporting period after initial licensure, whichever occurs later.
(b) An occupational therapist or occupational therapy assistant applying for initial licensure on or after January 1, 2014, may delay completion of the first training required by this section for six years after initial licensure if:
(i) He or she can demonstrate successful completion of a three-hour training program in suicide assessment that was completed no more than six years prior to the application for initial licensure; and
(ii) The training meets the qualifications listed in WAC
246-847-066.
(2) The thirty hours of continuing education and professional development must be obtained through two or more of the activities listed in this subsection. A minimum of twenty hours must directly relate to the practice of occupational therapy as defined in RCW
18.59.020 and WAC
246-847-010. Any remaining hours may be in professional development activities that enhance the practice of the licensed occupational therapist or licensed occupational therapy assistant. Documentation for all activities must include licensee's name, date of activity, and number of hours. Additional specific documentation is defined below:
(a) Continuing education course work. The required documentation for this activity is a certificate or documentation of attendance.
(b) Employer sponsored in-service training or professional study groups. The required documentation for this activity is a certificate or documentation of attendance. A maximum of fifteen hours is allowed per reporting period for this category.
(c) Attendance at a professional conference or workshop presented by a professional organization. The required documentation for this activity is a certificate or documentation of attendance.
(d) Course work offered by an accredited college or university, provided that the course work is taken after the licensee has obtained a degree in occupational therapy, and the course work provides skills and knowledge beyond entry-level skills or knowledge. The required documentation for this activity is a transcript. One course credit is equal to five hours. A maximum of fifteen hours is allowed per reporting period for this category.
(e) Interactive online courses and webinars. The required documentation for this activity is a certificate or documentation of completion.
(f) Presentation to professionals, including poster presentations. One hour of preparation time may be counted per hour of presentation time. The required documentation for this activity is a copy of the presentation or program listing. Any particular presentation may be reported only once per reporting period. A maximum of ten hours is allowed per reporting period for this category.
(g) Guest lecturing on an occupational therapy-related topic in an academic setting. The occupational therapist or occupational therapy assistant must not be primarily employed in academia to submit credit for this activity. The required documentation for this activity is a letter or other documentation from the course instructor. A maximum of ten hours is allowed per reporting period for this category. One hour of preparation time may be counted per hour of lecture time.
(h) Authoring a publication. The required documentation for this activity is a copy of the publication. For a peer reviewed journal article or chapter in a textbook a maximum of ten hours is allowed per reporting period for this category. For nonpeer reviewed professional publication a maximum of five hours is allowed per reporting period for this category.
(i) Development of instructional materials incorporating alternative media such as: Video, audio and/or software programs to advance professional skills of others. The required documentation for this activity is a program description. The media/software materials must be available if requested during audit process. A maximum of ten hours is allowed per reporting period for this category.
(j) Professional manuscript review. The required documentation for this activity is a letter from the publishing organization verifying review of manuscript. One hour of continuing education may be counted per hour of review time. A maximum of ten hours is allowed per reporting period for this category.
(k) Service on a professional board, committee, disciplinary panel, or association. The required documentation for this activity is a letter or other documentation from the organization. A maximum of ten hours is allowed per reporting period for this category.
(l) Self-study of peer reviewed, role-related professional journal articles, textbooks or chapters, or professionally developed multimedia and digital media educational materials. The required documentation for this activity is a typed, one-page synopsis of each item written by the licensee or a certificate from OT practice continuing education article. A maximum of ten hours is allowed per reporting period for this category. Time spent writing synopsis is not reportable.
(m) Direct supervision of an occupational therapy student or occupational therapy assistant student. The required documentation for this activity is a name of student(s), letter of verification from school, and dates of fieldwork. Forty hours of supervision per student is equal to one hour of continued competency. A maximum of twelve hours per supervisor is allowed per reporting period for this category.
(n) Mentoring. Mentoring in this section means a relationship in which a more experienced or more knowledgeable person helps to guide a less experienced or knowledgeable person for the informal transmission of knowledge and support relevant to professional development. The required documentation for this activity is a written report of goals, objectives and analysis of mentee performance signed by both mentor and mentee. Mentoring credits do not count towards the requirement of twenty hours directly related to the practice of occupational therapy. A maximum of five hours is allowed per reporting period for this category.
(o) Attending a Washington occupational therapy practice board meeting. A maximum of two credits per reporting period is allowed.
[Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-065, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
43.70.442 and
18.59.130. WSR 14-05-016, § 246-847-065, filed 2/10/14, effective 2/15/14. Statutory Authority: RCW
18.59.130 and
18.59.090. WSR 05-24-105, § 246-847-065, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW
43.70.280. WSR 98-05-060, § 246-847-065, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW
18.59.130. WSR 92-18-015 (Order 300B), § 246-847-065, filed 8/24/92, effective 9/24/92; WSR 91-11-064 (Order 171B), § 246-847-065, filed 5/16/91, effective 6/16/91; WSR 91-05-027 (Order 112B), recodified as § 246-847-065, filed 2/12/91, effective 3/15/91; WSR 90-22-011 (Order 094), § 308-171-041, filed 10/26/90, effective 11/26/90.]
(Effective January 1, 2024)
Continued competency.
Licensed occupational therapists and licensed occupational therapy assistants must complete 30 hours of continued competency every two years in the form of continuing education and professional development. The licensee must submit documentation upon request as required by chapter 246-12 WAC.
(1) Beginning January 1, 2014, as part of their continued competency, occupational therapists and occupational therapy assistants are required to obtain at least three hours of training every six years in suicide assessment as specified in WAC 246-847-066. The licensee must keep documentation for six years.
(a) Except as provided in (b) of this subsection, an occupational therapist or occupational therapy assistant must complete the first training required by this section during the first full continued competency reporting period after January 1, 2014, or the first full continued competency reporting period after initial licensure, whichever occurs later.
(b) An occupational therapist or occupational therapy assistant applying for initial licensure on or after January 1, 2014, may delay completion of the first training required by this section for six years after initial licensure if:
(i) He or she can demonstrate successful completion of a three-hour training program in suicide assessment that was completed no more than six years prior to the application for initial licensure; and
(ii) The training meets the qualifications listed in WAC 246-847-066.
(2) As of January 1, 2024, occupational therapists and occupational therapy assistants are required to obtain at least two hours in health equity continuing education training every four years. The continuing education course must meet the minimum standards under RCW
43.70.613 and comply with WAC 246-12-800 through 246-12-830. These hours can be counted towards the total required 30 hours of continuing education.
(3) The 30 hours of continuing education and professional development must be obtained through two or more of the activities listed in this subsection. A minimum of 20 hours must directly relate to the practice of occupational therapy as defined in RCW
18.59.020 and WAC 246-847-010. Any remaining hours may be in professional development activities that enhance the practice of the licensed occupational therapist or licensed occupational therapy assistant. Documentation for all activities must include licensee's name, date of activity, and number of hours. Additional specific documentation is defined below:
(a) Continuing education course work. The required documentation for this activity is a certificate or documentation of attendance.
(b) Employer sponsored in-service training or professional study groups. The required documentation for this activity is a certificate or documentation of attendance. A maximum of 15 hours is allowed per reporting period for this category.
(c) Attendance at a professional conference or workshop presented by a professional organization. The required documentation for this activity is a certificate or documentation of attendance.
(d) Course work offered by an accredited college or university, provided that the course work is taken after the licensee has obtained a degree in occupational therapy, and the course work provides skills and knowledge beyond entry-level skills or knowledge. The required documentation for this activity is a transcript. One course credit is equal to five hours. A maximum of 15 hours is allowed per reporting period for this category.
(e) Interactive online courses and webinars. The required documentation for this activity is a certificate or documentation of completion.
(f) Presentation to professionals, including poster presentations. One hour of preparation time may be counted per hour of presentation time. The required documentation for this activity is a copy of the presentation or program listing. Any particular presentation may be reported only once per reporting period. A maximum of 10 hours is allowed per reporting period for this category.
(g) Guest lecturing on an occupational therapy-related topic in an academic setting. The occupational therapist or occupational therapy assistant must not be primarily employed in academia to submit credit for this activity. The required documentation for this activity is a letter or other documentation from the course instructor. A maximum of 10 hours is allowed per reporting period for this category. One hour of preparation time may be counted per hour of lecture time.
(h) Authoring a publication. The required documentation for this activity is a copy of the publication. For a peer reviewed journal article or chapter in a textbook a maximum of 10 hours is allowed per reporting period for this category. For nonpeer reviewed professional publication a maximum of five hours is allowed per reporting period for this category.
(i) Development of instructional materials incorporating alternative media such as: Video, audio and/or software programs to advance professional skills of others. The required documentation for this activity is a program description. The media/software materials must be available if requested during audit process. A maximum of 10 hours is allowed per reporting period for this category.
(j) Professional manuscript review. The required documentation for this activity is a letter from the publishing organization verifying review of manuscript. One hour of continuing education may be counted per hour of review time. A maximum of 10 hours is allowed per reporting period for this category.
(k) Service on a professional board, committee, disciplinary panel, or association. The required documentation for this activity is a letter or other documentation from the organization. A maximum of 10 hours is allowed per reporting period for this category.
(l) Self-study of peer reviewed, role-related professional journal articles, textbooks or chapters, or professionally developed multimedia and digital media educational materials. The required documentation for this activity is a typed, one-page synopsis of each item written by the licensee or a certificate from OT practice continuing education article. A maximum of 10 hours is allowed per reporting period for this category. Time spent writing synopsis is not reportable.
(m) Direct supervision of an occupational therapy student or occupational therapy assistant student. The required documentation for this activity is a name of student(s), letter of verification from school, and dates of fieldwork. Forty hours of supervision per student is equal to one hour of continued competency. A maximum of 12 hours per supervisor is allowed per reporting period for this category.
(n) Mentoring. Mentoring in this section means a relationship in which a more experienced or more knowledgeable person helps to guide a less experienced or knowledgeable person for the informal transmission of knowledge and support relevant to professional development. The required documentation for this activity is a written report of goals, objectives and analysis of mentee performance signed by both mentor and mentee. Mentoring credits do not count towards the requirement of 20 hours directly related to the practice of occupational therapy. A maximum of five hours is allowed per reporting period for this category.
(o) Attending a Washington occupational therapy practice board meeting. A maximum of two credits per reporting period is allowed.
[Statutory Authority: RCW
18.59.130,
18.130.040,
43.70.040, and
43.70.613. WSR 23-18-045, § 246-847-065, filed 8/30/23, effective 1/1/24. Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-065, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
43.70.442 and
18.59.130. WSR 14-05-016, § 246-847-065, filed 2/10/14, effective 2/15/14. Statutory Authority: RCW
18.59.130 and
18.59.090. WSR 05-24-105, § 246-847-065, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW
43.70.280. WSR 98-05-060, § 246-847-065, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW
18.59.130. WSR 92-18-015 (Order 300B), § 246-847-065, filed 8/24/92, effective 9/24/92; WSR 91-11-064 (Order 171B), § 246-847-065, filed 5/16/91, effective 6/16/91; WSR 91-05-027 (Order 112B), recodified as § 246-847-065, filed 2/12/91, effective 3/15/91; WSR 90-22-011 (Order 094), § 308-171-041, filed 10/26/90, effective 11/26/90.]
Inactive credential.
(1) A practitioner may obtain an inactive credential. Refer to the requirements of chapter
246-12 WAC, Part 4.
(2) If the license has been inactive for three years or less at the time of application to change an inactive credential to an active credential, refer to the requirements of WAC
246-12-110.
(3) If the license has been inactive for over three years but no more than five years at the time of application to change an inactive credential to an active credential, the practitioner may return to active status by submitting proof to the department of:
(a) Having met the requirements of WAC
246-12-110; and
(b) Within the two-year period immediately preceding the date of application for reissuance:
(i) Completion of thirty hours of continuing education as required in WAC
246-847-065; and
(ii) Passing the Washington occupational therapy jurisprudence examination as offered by the department.
(4) If the license has been inactive for over five years at the time of application to change an inactive credential to an active credential, the practitioner may return to active status by submitting proof to the department of:
(a) Having met the requirements in subsection (3) of this section;
(b) Completion of board-approved reentry program; and
(c) In additional to these requirements, the applicant has the choice of:
(i) Completion of extended course work preapproved by the board; or
(ii) Successfully retaking and passing the examination as required by WAC
246-847-080.
(5) For a practitioner who holds an inactive credential in Washington, but is currently licensed and in active practice in another United States jurisdiction, the practitioner may return to active status by submitting proof to the department of:
(a) Having met the requirements described in subsection (3) of this section; and
(b) Verification of active practice from the United States jurisdiction.
(6) Completion of any additional requirements as required by the board.
[Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-070, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
43.70.280. WSR 98-05-060, § 246-847-070, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW
18.59.130. WSR 93-18-093 (Order 394B), § 246-847-070, filed 9/1/93, effective 10/2/93; WSR 91-05-027 (Order 112B), recodified as § 246-847-070, filed 2/12/91, effective 3/15/91; WSR 90-22-011 (Order 094), § 308-171-045, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW
18.59.090(3). WSR 86-21-026 (Order PM 620), § 308-171-045, filed 10/8/86.]
Unprofessional conduct or gross incompetency.
The following conduct, acts, or conditions constitute unprofessional conduct or gross incompetency for any license holder or applicant if the conduct, acts, or conditions occurred or existed prior to June 11, 1986:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter
9.96A RCW;
(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;
(3) All advertising which is false, fraudulent, or misleading;
(4) Incompetence, negligence, or actions in the practice of the profession which result in, or have a significant likelihood of resulting in, harm to the patient or public;
(5) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order or agreement being conclusive evidence of the revocation, suspension, or restriction;
(6) The possession, use, addiction to, prescription for use, diversion, or distribution of controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, or violation of any drug law;
(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any statute or rule defining or establishing standards of patient care or professional conduct or practice;
(8) Failure to cooperate with the disciplining authority by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed with the disciplining authority; or
(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is the accused in the proceeding;
(9) Failure to comply with an order issued by the disciplining authority;
(10) Aiding or abetting an unlicensed person to practice when a license is required;
(11) Willful or repeated violations of rules established by any health agency or authority of the state or a political subdivision thereof;
(12) Practice beyond the scope of practice as defined by law;
(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(14) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;
(15) Engaging in a profession involving contact with the public while suffering from a contagious or infectious disease involving serious risk to public health;
(16) Promotion for personal gain of any unnecessary or inefficacious drug, device, treatment, procedure, or service;
(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter
9.96A RCW;
(18) The offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the disciplining authority;
(19) Violation of chapter
19.68 RCW;
(20) Interference with an investigation or disciplinary proceeding by wilful misrepresentation of facts before the disciplining authority or its authorized representative, or by the use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;
(21) Any mental or physical condition which results in, or has a significant likelihood of resulting in, an inability to practice with reasonable skill and safety to consumers.
(22) Abuse of a client or patient or sexual contact resulting from abuse of the client-practitioner relationship.
[Statutory Authority: RCW
18.59.130. WSR 91-05-027 (Order 112B), recodified as § 246-847-160, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW
18.59.130(2) and
18.130.050(1). WSR 86-17-064 (Order PM 610), § 308-171-300, filed 8/19/86. Statutory Authority: RCW
18.59.130(2) and
18.59.100. WSR 85-05-008 (Order PL 513), § 308-171-300, filed 2/11/85.]
Code of ethics and standards of professional conduct.
(1) It is the professional responsibility of occupational therapists and occupational therapy assistants to provide services for clients without regard to race, creed, national origin, gender, handicap or religious affiliation.
(2) Treatment objectives and the therapeutic process must be formulated to ensure professional accountability.
(3) Services must be goal-directed in accordance with the overall educational, habilitation or rehabilitation plan and shall include a system to ensure professional accountability.
(4) Occupational therapists and occupational therapy assistants shall recommend termination of services when established goals have been met or when further skilled services are no longer beneficial.
(5) Occupational therapists and occupational therapy assistants shall accurately represent their competence, education, training and experience.
(6) Occupational therapists and occupational therapy assistants shall only provide services and use techniques for which they are qualified by education, training, and experience.
(7) Occupational therapists and occupational therapy assistants shall accurately record information and report information as required by facility standards and state and federal laws.
(8) Occupational therapists or occupational therapy assistants shall support all data recorded in the permanent files or records with observations or objective measures of data collection.
(9) Client records shall only be divulged as authorized by law or with the client's consent for release of information.
(10) Occupational therapists and occupational therapy assistants shall not delegate to other personnel those client-related services where the clinical skills and expertise of an occupational therapist or occupational therapy assistant are required.
(11) If, after evaluating the client, the case is a medical case, the occupational therapist shall refer the case to a physician for appropriate medical direction if such direction is lacking.
(a) The occupational therapist shall seek appropriate medical direction on at least an annual basis.
(b) A case is not a medical case if the following is present:
(i) There is an absence of pathology; or
(ii) If a pathology exists, the pathology has stabilized; and
(iii) The occupational therapist is only treating the client's functional deficits.
(12) Occupational therapists shall establish, review, or revise the client's treatment objectives at sufficient intervals to meet the client's needs. The occupational therapy assistant shall collaborate with the occupational therapist in this review of the client's treatment objectives.
(13) Occupational therapists and occupational therapy assistants shall have sufficient command of the English language to read and write effectively in medical charts and to communicate clearly with service recipients and team members.
[Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-170, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
18.59.130 and
18.130.050. WSR 05-24-104, § 246-847-170, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW
18.59.130. WSR 91-05-027 (Order 112B), recodified as § 246-847-170, filed 2/12/91, effective 3/15/91; WSR 90-22-011 (Order 094), § 308-171-301, filed 10/26/90, effective 11/26/90. Statutory Authority: RCW
18.59.130(2) and
18.130.050(1). WSR 86-17-064 (Order PM 610), § 308-171-301, filed 8/19/86. Statutory Authority: RCW
18.59.130(2) and
18.59.100 (1)(b). WSR 85-12-010 (Order PL 529), § 308-171-301, filed 5/23/85.]
Unprofessional conduct—Sexual misconduct.
(1) The occupational therapist and occupational therapy assistant shall never engage in sexual contact or sexual activity with current clients or a key party.
(2) "Key party" in this section means immediate family members and others who would be reasonably expected to play a significant role in the health care decisions of the patient or client and includes, but is not limited to, the spouse, domestic partner, sibling, parent, child, guardian and person authorized to make health care decisions of the patient or client.
(3) Sexual contact or sexual activity is prohibited with a former client or key party for two years after cessation or termination of professional services.
(4) The occupational therapist and occupational therapy assistant shall never engage in sexual contact or sexual activity with former clients or a key party if such contact or activity involves the abuse of the occupational therapy practitioner-client-key party relationship. Factors the board may consider in evaluating if the occupational therapy practitioner-client-key party relationship has been abusive include, but are not limited to:
(a) The amount of time that has passed since therapy terminated;
(b) The nature and duration of the therapy;
(c) The circumstances of cessation or termination;
(d) The former client's or key party's personal history;
(e) The former client's or key party's current mental status;
(f) The likelihood of adverse impact on the former client, key party and others; and
(g) Any statements or actions made by the occupational therapist or occupational therapy assistant during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the former client or key party.
(5) Sexual misconduct includes, but is not limited to, activities listed in WAC
246-16-100.
(6) These rules do not prohibit:
(a) The provision of occupational therapy services on an urgent, unforeseen basis where circumstances will not allow an occupational therapist or occupational therapy assistant to obtain reassignment or make an appropriate referral;
(b) The provision of occupational therapy services to a spouse or any other person who is in a preexisting, established relationship with the occupational therapist or occupational therapy assistant where no evidence of abuse of the occupational therapy practitioner-client relationship exists.
[Statutory Authority: RCW
18.59.130. WSR 18-09-032, § 246-847-210, filed 4/11/18, effective 8/1/18. Statutory Authority: RCW
18.59.130 and
18.130.180. WSR 05-24-106, § 246-847-210, filed 12/7/05, effective 1/7/06.]
Approval of substance abuse monitoring programs.
The board will approve the monitoring program(s) which will participate in the board's substance abuse monitoring program. A monitoring program approved by the board may be contracted with an entity outside the department but within the state, out-of-state, or a separate structure within the department.
(1) The approved monitoring program will not provide evaluation or treatment to the participating occupational therapists or occupational therapy assistants.
(2) The approved monitoring program staff must have the qualifications and knowledge of both substance abuse and the practice of occupational therapy as defined in this chapter to be able to evaluate:
(a) Clinical laboratories;
(b) Laboratory results;
(c) Providers of substance abuse treatment, both individuals and facilities;
(d) Support groups;
(e) The occupational therapy work environment; and
(f) The ability of the occupational therapist or occupational therapy assistant to practice with reasonable skill and safety.
(3) The approved monitoring program will enter into a contract with the occupational therapist or occupational therapy assistant and the board to oversee the occupational therapist's or occupational therapy assistant's compliance with the requirements of the program.
(4) The approved monitoring program may make exceptions to individual components of the contract on an individual basis.
(5) The approved monitoring program staff will determine, on an individual basis, whether an occupational therapist or occupational therapy assistant will be prohibited from engaging in the practice of occupational therapy for a period of time and restrictions, if any, on the occupational therapist's or occupational therapy assistant's access to controlled substances in the work place.
(6) The approved monitoring program shall maintain records on participants.
(7) The approved monitoring program will be responsible for providing feedback to the occupational therapist or occupational therapy assistant as to whether treatment progress is acceptable.
(8) The approved monitoring program shall report to the board any occupational therapist or occupational therapy assistant who fails to comply with the requirement of the monitoring program.
(9) The approved monitoring program shall receive from the board guidelines on treatment, monitoring, and limitations on the practice of occupational therapy for those participating in the program.
[Statutory Authority: RCW
18.59.130. WSR 92-18-015 (Order 300B), § 246-847-360, filed 8/24/92, effective 9/24/92.]
Participation in approved substance abuse monitoring program.
(1) In lieu of disciplinary action, the occupational therapist or occupational therapy assistant may accept board referral into the approved substance abuse monitoring program.
(a) The occupational therapist or occupational therapy assistant shall undergo a complete physical and psychosocial evaluation before entering the approved monitoring program. This evaluation will be performed by health care professional(s) with expertise in chemical dependency. The person(s) performing the evaluation shall not also be the provider of the recommended treatment.
(b) The occupational therapist or occupational therapy assistant shall enter into a contract with the board and the approved substance abuse monitoring program to comply with the requirements of the program which shall include, but not be limited to:
(i) The occupational therapist or occupational therapy assistant will undergo intensive substance abuse treatment in an approved treatment facility.
(ii) The occupational therapist or occupational therapy assistant will agree to remain free of all mind-altering substances including alcohol except for medications prescribed by an authorized prescriber, as defined in RCW
69.41.030 and
69.50.101.
(iii) The occupational therapist or occupational therapy assistant must complete the prescribed aftercare program of the intensive treatment facility, which may include individual and/or group psychotherapy.
(iv) The occupational therapist or occupational therapy assistant must cause the treatment counselor(s) to provide reports to the approved monitoring program at specified intervals. Reports shall include treatment, prognosis and goals.
(v) The occupational therapist or occupational therapy assistant will submit to random drug screening as specified by the approved monitoring program.
(vi) The occupational therapist or occupational therapy assistant will attend support groups facilitated by a health care professional and/or twelve step group meetings as specified by the contract.
(vii) The occupational therapist or occupational therapy assistant will comply with specified employment conditions and restrictions as defined by the contract.
(viii) The occupational therapist or occupational therapy assistant shall sign a waiver allowing the approved monitoring program to release information to the board if the occupational therapist or occupational therapy assistant does not comply with the requirements of this contract.
(c) The occupational therapist or occupational therapy assistant is responsible for paying the costs of the physical and psychosocial evaluation, substance abuse treatment, and random drug screens.
(d) The occupational therapist or occupational therapy assistant may be subject to disciplinary action under RCW
18.130.160 if the occupational therapist or occupational therapy assistant does not consent to be referred to the approved monitoring program, does not comply with specified employment restrictions, or does not successfully complete the program.
(2) An occupational therapist or occupational therapy assistant who is not being investigated by the board or subject to current disciplinary action or currently being monitored by the board for substance abuse may voluntarily participate in the approved substance abuse monitoring program without being referred by the board. Such voluntary participants shall not be subject to disciplinary action under RCW
18.130.160 for their substance abuse, and shall not have their participation made known to the board if they meet the requirements of the approved monitoring program:
(a) The occupational therapist or occupational therapy assistant shall undergo a complete physical and psychosocial evaluation before entering the approved monitoring program. This evaluation will be performed by health care professional(s) with expertise in chemical dependency. The person(s) performing the evaluation shall not also be the provider of the recommended treatment.
(b) The occupational therapist or occupational therapy assistant shall enter into a contract with the approved substance abuse monitoring program to comply with the requirements of the program which shall include, but not be limited to:
(i) The occupational therapist or occupational therapy assistant will undergo intensive substance abuse treatment in an approved treatment facility.
(ii) The occupational therapist or occupational therapy assistant will agree to remain free of all mind-altering substances including alcohol except for medications prescribed by an authorized prescriber, as defined in RCW
69.41.030 and
69.50.101.
(iii) The occupational therapist or occupational therapy assistant must complete the prescribed aftercare program of the intensive treatment facility, which may include individual and/or group psychotherapy.
(iv) The occupational therapist or occupational therapy assistant must cause the treatment counselor(s) to provide reports to the approved monitoring program at specified intervals. Reports shall include treatment, prognosis and goals.
(v) The occupational therapist or occupational therapy assistant will submit to random drug screening as specified by the approved monitoring program.
(vi) The occupational therapist or occupational therapy assistant will attend support groups facilitated by a health care professional and/or twelve step group meetings as specified by the contract.
(vii) The occupational therapist or occupational therapy assistant will comply with employment conditions and restrictions as defined by the contract.
(viii) The occupational therapist or occupational therapy assistant shall sign a waiver allowing the approved monitoring program to release information to the board if the occupational therapist or occupational therapy assistant does not comply with the requirements of this contract.
(c) The occupational therapist or occupational therapy assistant is responsible for paying the costs of the physical and psychosocial evaluation, substance abuse treatment, and random drug screens.
(3) The treatment and pretreatment records of license holders referred to or voluntarily participating in approved monitoring programs shall be confidential, shall be exempt from RCW
42.17.250 through
42.17.450 and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the disciplinary authority for cause as defined in subsections (1) and (2) of this section. Records held by the board under this section shall be exempt from RCW
42.17.250 through
42.17.450 and shall not be subject to discovery by subpoena except by the license holder.
[Statutory Authority: RCW
18.59.130. WSR 92-18-015 (Order 300B), § 246-847-370, filed 8/24/92, effective 9/24/92.]
Occupational therapy fees and renewal cycle.
(1) Licenses must be renewed every two years on the practitioner's birthday as provided in chapter
246-12 WAC, Part 2.
(2) The following nonrefundable fees will be charged for occupational therapist:
Title of Fee | Fee |
Original application | |
| Application and initial license fee | $150.00 |
| HEAL-WA* surcharge | 16.00 |
Limited permit fee | 55.00 |
Active license renewal | |
| License renewal | 125.00 |
| Late renewal fee | 65.00 |
| HEAL-WA* surcharge ($16.00 per year for two-year cycle) | 32.00 |
| Expired license reissuance | 80.00 |
Inactive license renewal | |
| Inactive license | 15.00 |
| Expired license reissuance | 15.00 |
| HEAL-WA* surcharge ($16.00 per year for two-year cycle) | 32.00 |
Duplicate license | 30.00 |
Verification of license | 30.00 |
(3) The following nonrefundable fees will be charged for occupational therapy assistant:
Title of Fee | Fee |
Original application | |
| Application and initial license fee | $150.00 |
| HEAL-WA* surcharge | 16.00 |
Limited permit fee | 45.00 |
Active license renewal | |
| License renewal | 105.00 |
| Late renewal fee | 55.00 |
| Expired license reissuance | 70.00 |
| HEAL-WA* surcharge ($16.00 per year for two-year cycle) | 32.00 |
Inactive license renewal | |
| Inactive license | 15.00 |
| Expired inactive license reissuance | 14.00 |
| HEAL-WA* surcharge ($16.00 per year for two-year cycle) | 32.00 |
Duplicate license | 30.00 |
Verification of license | 30.00 |
* | HEAL-WA is the health resources for Washington online library. See RCW 43.70.110. |
[Statutory Authority: RCW
43.70.280. WSR 15-19-149, § 246-847-990, filed 9/22/15, effective 1/1/16. Statutory Authority: RCW
43.70.280 and 2013 c 249. WSR 13-21-077, § 246-847-990, filed 10/17/13, effective 1/1/14. Statutory Authority: RCW
43.70.110,
43.70.250, and 2011 1st sp.s. c 50. WSR 11-20-092, § 246-847-990, filed 10/4/11, effective 12/1/11. Statutory Authority: RCW
43.70.110,
43.70.250, 2008 c 329. WSR 08-15-014, § 246-847-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW
43.70.250, [43.70.]280 and
43.70.110. WSR 05-12-012, § 246-847-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW
43.70.250. WSR 99-08-101, § 246-847-990, filed 4/6/99, effective 7/1/99. Statutory Authority: RCW
43.70.280. WSR 98-05-060, § 246-847-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW
43.70.250 and chapters
18.57, 18.57A, 18.22 and
18.59 RCW. WSR 94-22-055, § 246-847-990, filed 11/1/94, effective 1/1/95. Statutory Authority: RCW
43.70.250. WSR 91-13-002 (Order 173), § 246-847-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW
43.70.040. WSR 91-05-030 (Order 135), recodified as § 246-847-990, filed 2/12/91, effective 3/15/91. Statutory Authority: RCW
43.24.086. WSR 87-10-028 (Order PM 650), § 308-171-310, filed 5/1/87.]
