1.1 “Occupational therapy assistant” shall mean a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. 24 Del.C. §2002(4).
“Under the supervision of an occupational therapist” means the interactive process between the licensed occupational therapist and the occupational therapy assistant. It shall be more than a paper review or co-signature. The supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services rendered by the occupational therapy assistant.
1.1.2 In accordance with supervision level and applicable health care, educational, professional and institutional regulations, reevaluating the patient/client, reviewing the documentation, modifying the program plan if necessary and co-signing the plan.
The supervisor may assign to a competent occupational therapy assistant the administration of standardized tests, the performance of activities of daily living evaluations and other elements of patient/client evaluation and reevaluation that do not require the professional judgment and skill of an occupational therapist.
1.2.1 Direct Supervision requires the supervising occupational therapist to be on the premises and immediately available to provide aid, direction, and instruction while treatment is performed in any setting including home care. Occupational therapy assistants with experience of less than one (1) full year are required to have direct supervision.
Occupational therapy assistants with experience greater than one (1) full year must be supervised under either direct, routine or general supervision based upon skill and experience in the field as determined by the supervising OT.
1.3.3 An occupational therapist may supervise up to three (3) occupational therapy assistants but never more than two (2) occupational therapy assistants who are under direct supervision at the same time on any given day.
1.3.4 Effective July 1, 2009, the supervising occupational therapist shall submit to the Board a completed Verification of Occupational Therapy Assistant Supervision form upon the commencement of supervision.
1.3.5 Effective July 1, 2009, the supervising occupational therapist shall immediately advise the Board in writing when he or she is no longer supervising an occupational therapy assistant and shall provide the Board with an updated Verification of Occupational Therapy Assistant Supervision form.
1.3.6 Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness.
1.3.7 The supervising occupational therapist, in collaboration with the occupational therapy assistant, shall maintain a written supervisory plan specifying the level of supervision and shall document the supervision of each occupational therapy assistant. Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness. This plan shall be reviewed at least every six months or more frequently as demands of service changes.
1.3.8 A supervisor who is temporarily unable to provide supervision shall arrange for substitute supervision by an occupational therapist licensed by the Board with at least one (1) year of clinical experience, as defined above, to provide supervision as specified by Rule 1.0 of these rules and regulations.
22.214.171.124 If the date of application for licensure is more than three years following the successful completion of the NBCOT exam, the applicant shall submit proof of twenty (20) hours of continuing education in the two years preceding the application in accordance with Rule 5.0 of these rules and regulations.
2.2 To apply for a reciprocal license, in addition to the requirements listed in 24 Del.C. §2011, an applicant shall submit the following to the Board:
2.2.3 Letter of good standing from any state in which the applicant is or has been licensed (applicants are responsible for forwarding blank verification form to all states where they are now or ever have been licensed);
A licensee may, upon written request to the Board and payment of the fee established by the Division of Professional Regulation, have his/her license placed on inactive status if he/she is not actively engaged in the practice of occupational therapy in the State. To renew an inactive license, a licensee shall submit an online renewal application and renewal fee payable to the State of Delaware.
3.1.1 Continuing education (CE) is required for license renewal and shall be completed by July 31st of each even numbered year. Occupational therapists and occupational therapy assistants are required to complete 20 hours per biennial period. Continuing education must be earned in two (2) or more of the seven (7) categories for continuing education described in Rule 3.5.
126.96.36.199 Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 3.0, which may include, but is not limited to, the information noted for each type of CE as set forth in Rule 3.3.
188.8.131.52 The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §2015(a)(5) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §2017.
3.3.1 Continuing education must be in a field of health and social services related to occupational therapy, must be related to a licensee’s current or anticipated roles and responsibilities in occupational therapy, and must directly or indirectly serve to protect the public by enhancing the licensee’s continuing competence.
3.3.2 Approval will be at the discretion of the Board. A licensee or continuing education provider may request prior approval by the Board by submitting an outline of the activity before it is scheduled. The Board pre-approves continuing education sponsored or approved by AOTA or offered by AOTA-approved providers as long as the content is not within the exclusion in Rule 184.108.40.206 for courses covering documentation for reimbursement or other business matters.
3.4.1 “Contact Hour” means a unit of measure for a continuing education activity. One contact hour equals 60 minutes in a learning activity, excluding meals and breaks.”
3.4.4 The preparing of original lectures, seminars, or workshops in occupational therapy or health care subjects shall be granted one (1) contact hour for preparation fro each contact hour of presentation. Credit for preparation shall be give for the first presentation only.
3.5.1 Category 1: Courses: (Classroom or home study/correspondence/online) The maximum credit for course work shall not exceed nineteen (19) hours. Course work involving alternative therapies shall be limited to five (5) hours. Course work by home study, correspondence or online of a non-interactive nature shall be limited to ten (10) hours. Extension courses, refresher courses, workshops, seminars, lectures, conferences, and non patient-specific in-service training qualify under this provision as long as they are presented in a structured educational experience beyond entry-level academic degree level and satisfy the criteria in 3.3.1.
220.127.116.11 Documentation for continuing education courses shall include a certificate of completion or similar documentation including name of course, date, author/instructor, sponsoring organization, location, and number of hours attended and amount of continuing education credit earned.
18.104.22.168 Documentation for academic coursework shall include an original official transcript indicating successful completion of the course, date, and a description of the course from the school catalogue or course syllabus.
22.214.171.124 Documentation for other courses in this category shall include information sufficient for the Board to determine whether the course is appropriate for CE credit and the number of hours of the course. This may include, but is not limited to, the forms of documentation cited above.
3.5.2 Category 2: Professional Meetings & Activities: The maximum number of credit hours shall not exceed ten (10) hours. Approved credit includes attendance at: DOTA business meetings, AOTA business meetings, AOTA Representative Assembly meetings. NBCOT meetings, OT Licensure Board meetings and AOTA National Round Table discussions. Credit will be given for participation as an elected or appointed member/officer on a board, committee or council in the field of health and social service related to occupational therapy. Seminars or other training related to management or administration are considered professional activities. Excluded are any job related meetings such a department meetings, supervision of students and business meetings within the work setting.
126.96.36.199 Documentation includes name of committee or board, name of agency or organization, purpose of services, and description of licensee’s role. Participation must be validated by an officer or representative of the organization or committee.
3.5.3 Category 3: Publications: The maximum number of credit hours shall not exceed fifteen (15) hours. These include writing chapters, books, abstracts, book reviews accepted for publication and media/ video for professional development in any venue.
188.8.131.52 Documentation shall include the full reference for publication including title, author, editor and date of publication; or a copy of acceptance letter if not yet published.
3.5.4 Category 4: Presentations: The maximum number of credit hours shall not exceed fifteen (15) hours. This includes workshops and community service organizations presentations that the licensee presents. The preparation of original lectures, seminars, or workshops in occupational therapy or health care subjects shall be granted one (1) hour for preparation for each contact hour of presentation. Credit for preparation shall be given for the first presentation only.
184.108.40.206 Credit will not be given for the presentation of information that the licensee has already been given credit for under another category.
220.127.116.11 Excluded are presentations that are part of a licensee’s job duties.
18.104.22.168 Documentation includes a copy of the official program/schedule/syllabus including presentation title, date, hours of presentation, and type of audience or verification of such signed by sponsor.
3.5.5 Category 5: Research/Grants: Credit may be awarded one time for contact hours per study/topic regardless of length of project, not to exceed ten (10) hours. Contact hours accumulated under this category may not be used under the publication category.
22.214.171.124 Documentation for research includes verification from the primary investigator indicating the name of the research project, dates of participation, major hypotheses or objectives of the project, and licensee’s role in the project.
126.96.36.199 Documentation for grants includes the name of the grant proposal, name of the grant source, purpose and objectives of the project, and verification from the grant author regarding the licensee’s role in the development of the grant if not the grant author.
3.5.6 Category 6: Specialty Certification: Approval for credit hours for specialty certification, requiring successful completion of courses and exams attained during the current licensure period will be at the discretion of the Board. Examples include Certified Hand Therapist (CHT) and Occupational Therapist, Board Certified in Pediatrics (BCP).
188.8.131.52 Documentation includes a certificate of completion or other documentation from the recognized certifying body that identifies satisfactory completion of the requirements for obtaining board certification of specialty certification.
3.5.7 Category 7: Fieldwork Supervision: The maximum number of credit hours shall not exceed ten (10) hours. One CE hour may be awarded for each Level I OT or OTA fieldwork student. One CE hour may be awarded for each week of participation as the primary clinical fieldwork educator for Level II OT or OTA fieldwork students.
184.108.40.206 Documentation shall include verification provided by the school to the fieldwork educator with the name of student, school, and dates of fieldwork or the signature page of the completed student evaluation form. Evaluation scores and comments should be deleted or blocked out.
3.6 The Board may waive or postpone all or part of the continuing education activity requirements of these regulations if an occupational therapist or occupational therapy assistant submits written request for a waiver and provides evidence to the satisfaction of the Board of an illness, injury, financial hardship, family hardship, or other similar extenuating circumstance which precluded the individual’s completion of the requirements.
Upon the request of the Board, or a member of the public, the licensee shall produce documentation demonstrating his or her competence to administer a particular treatment modality. Competence may be shown by documented professional education, such as continuing education, in-service training or accredited higher education programs with documented coursework related to the modality in question. Determination of competence is at the discretion of the Board.
5.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
5.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
5.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
5.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
5.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 4.8 of this section.
5.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
5.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
5.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
5.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
5.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
5.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
5.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
5.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
5.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
6.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the practice of occupational therapy in the State of Delaware without regard to the place of conviction:
6.1.1 Unlawful harm to law enforcement or seeing eye dogs. 7 Del.C. §1717
6.1.2 Aggravated menacing. 11 Del.C. §602(b)
6.1.3 Reckless endangering. 11 Del.C. §604.
6.1.4 Abuse of a pregnant female in the second degree. 11 Del.C. §605
6.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606
6.1.6 Assault in the second degree. 11 Del.C. §612
6.1.7 Assault in the first degree. 11 Del.C. §613
6.1.8 Felony abuse of a sports official. 11 Del.C. §614
6.1.9 Assault by abuse of neglect. 11 Del.C. §615
6.1.10 Felony Terroristic threatening. 11 Del.C. §621
6.1.11 Unlawful administering drugs. 11 Del.C. §625
6.1.13 Vehicular assault in the first degree. 11 Del.C. §629
6.1.14 Criminally negligent homicide. 11 Del.C. §631
6.1.15 Manslaughter. 11 Del.C. §632
6.1.16 Murder by abuse or neglect in the second degree. 11 Del.C. §633
6.1.17 Murder by abuse or neglect in the first degree. 11 Del.C. §634
6.1.18 Murder in the second degree. 11 Del.C. §635
6.1.19 Murder in the first degree. 11 Del.C. §636
6.1.20 Sexual harassment. 11 Del.C. §763
6.1.21 Unlawful sexual contact in the second degree. 11 Del.C. §768
6.1.22 Unlawful sexual contact in the first degree. 11 Del.C. §769
6.1.23 Rape in the fourth degree. 11 Del.C. §770
6.1.24 Rape in the third degree. 11 Del.C. §771
6.1.25 Rape in the second degree. 11 Del.C. §772
6.1.26 Rape in the first degree. 11 Del.C. §773
6.1.27 Sexual extortion. 11 Del.C. §776
6.1.28 Bestiality. 11 Del.C. §777
6.1.29 Continuous sexual abuse of a child. 11 Del.C. §778
6.1.30 Dangerous crime against a child. 11 Del.C. §779
6.1.31 Unlawful imprisonment in the first degree. 11 Del.C. §782
6.1.32 Kidnapping in the second degree. 11 Del.C. §783
6.1.33 Kidnapping in the first degree. 11 Del.C. §783A
6.1.34 Acts constituting coercion. 11 Del.C. §791
6.1.35 Burglary in the second degree. 11 Del.C. §825
6.1.36 Burglary in the first degree. 11 Del.C. §826
6.1.37 Robbery in the second degree. 11 Del.C. §831
6.1.38 Robbery in the first degree. 11 Del.C. §832
6.1.39 Carjacking in the second degree. 11 Del.C. §835
6.1.40 Carjacking in the first degree. 11 Del.C. §836
6.1.41 Extortion. 11 Del.C. §846
6.1.42 Identity theft. 11 Del.C. §854
6.1.43 Felony forgery. 11 Del.C. §861
6.1.44 Falsifying business records. 11 Del.C. §871
6.1.45 Felony unlawful use of a credit card. 11 Del.C. §903
6.1.46 Insurance fraud. 11 Del.C. §913
6.1.47 Health care fraud. 11 Del.C. §913A
6.1.48 Dealing in children. 11 Del.C. §1100
6.1.49 Endangering the welfare of a child. 11 Del.C. §1102
6.1.50 Endangering the welfare of an incompetent person. 11 Del.C. §1105
6.1.51 Unlawfully dealing with a child. 11 Del.C. §1106
6.1.52 Sexual exploitation of a child. 11 Del.C. §1108
6.1.53 Unlawful dealing in child pornography. 11 Del.C. §1109
6.1.54 Possession of child pornography. 11 Del.C. §1111
6.1.55 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
6.1.56 Sexual solicitation of a child. 11 Del.C. §1112A
6.1.59 Felony offenses against law enforcement animals. 11 Del.C. §1250
6.1.60 Felony hate crimes. 11 Del.C. §1304
6.1.61 Felony stalking. 11 Del.C. §1312A
6.1.62 Felony cruelty to animals. 11 Del.C. §1325
6.1.63 Felony maintaining a dangerous animal. 11 Del.C. §1327(a)
6.1.64 Felony violation of privacy. 11 Del.C. §1335(a)
6.1.65 Adulteration. 11 Del.C. §1339
6.1.66 Promoting prostitution in the second degree. 11 Del.C. §1352
6.1.67 Promoting prostitution in the first degree. 11 Del.C. §1353
6.1.68 Obscenity. 11 Del.C. §1361
6.1.69 Carrying a concealed deadly weapon. 11 Del.C. §1442
6.1.70 Felony unlawful dealing with a dangerous weapon. 11 Del.C. §1445(a)
6.1.72 Possession of a firearm during a commission of a felony. 11 Del.C. §1447A
6.1.75 Duty to report child abuse or neglect. 16 Del.C. §903
6.1.80 Unlawful delivery or noncontrolled substances. 16 Del.C. §4752A.
6.1.81 Possession, consumption, or use of controlled substances. 16 Del.C. §4753.
6.1.84 Crimes related to controlled substances. 16 Del.C. §4756
6.1.88 Felony obtaining benefit under false representation. 31 Del.C. §1003
6.1.90 Kickback schemes and solicitation. 31 Del.C. §1005
6.1.91 Conversion of benefit payment. 31 Del.C. §1006
6.2 Crimes substantially related to the practice of occupational therapy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.