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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 2000
Pursuant to 24 Del.C. §2006(a)(1), the Delaware Board of Occupational Therapy Practice has proposed revisions to its rules and regulations. The rules pertaining to renewal of an expired license are amended and a regulation addressing telehealth is added.
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.
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:
2.7.1 A completed application for renewal;
2.7.2 Proof of continuing education attained within the past year (10 contact hours). The ten (10) hours must be in accordance with Rule 3.0 of these rules and regulations;
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.”
3.5.1 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.
3.5.1.2 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.
3.5.2.2 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.
3.5.3.1 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.
3.5.4.1 Credit will not be given for the presentation of information that the licensee has already been given credit for under another category.
3.5.4.2 Excluded are presentations that are part of a licensee’s job duties.
3.5.5.1 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.
3.5.6.1 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.
45.0 Competence to Administer Treatment Modalities
56.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
56.1 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.
56.2 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.
56.3 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).
56.4 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.
56.5 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 6.8 of this section regulation.
56.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
56.6.1 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.
56.6.2 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.
56.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
56.6.4 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.
56.6.5 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.
56.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
56.7 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.
56.8 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.
56.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
56.10 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.
56.11 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.
56.12 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.
67.0 Crimes substantially related to practice of occupational therapy
67.1 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:
67.1.1 Unlawful harm to law enforcement or seeing eye dogs. 7 Del.C. §1717
67.1.2 Aggravated menacing. 11 Del.C. §602(b)
67.1.3 Reckless endangering. 11 Del.C. §604.
67.1.4 Abuse of a pregnant female in the second degree. 11 Del.C. §605
67.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606
67.1.6 Assault in the second degree. 11 Del.C. §612
67.1.7 Assault in the first degree. 11 Del.C. §613
67.1.8 Felony abuse of a sports official. 11 Del.C. §614
67.1.9 Assault by abuse of neglect. 11 Del.C. §615
67.1.10 Felony Terroristic threatening. 11 Del.C. §621
67.1.11 Unlawful administering drugs. 11 Del.C. §625
67.1.12 Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626
67.1.13 Vehicular assault in the first degree. 11 Del.C. §629
67.1.14 Criminally negligent homicide. 11 Del.C. §631
67.1.15 Manslaughter. 11 Del.C. §632
67.1.16 Murder by abuse or neglect in the second degree. 11 Del.C. §633
67.1.17 Murder by abuse or neglect in the first degree. 11 Del.C. §634
67.1.18 Murder in the second degree. 11 Del.C. §635
67.1.19 Murder in the first degree. 11 Del.C. §636
67.1.20 Sexual harassment. 11 Del.C. §763
67.1.21 Unlawful sexual contact in the second degree. 11 Del.C. §768
67.1.22 Unlawful sexual contact in the first degree. 11 Del.C. §769
67.1.23 Rape in the fourth degree. 11 Del.C. §770
67.1.24 Rape in the third degree. 11 Del.C. §771
67.1.25 Rape in the second degree. 11 Del.C. §772
67.1.26 Rape in the first degree. 11 Del.C. §773
67.1.27 Sexual extortion. 11 Del.C. §776
67.1.28 Bestiality. 11 Del.C. §777
67.1.29 Continuous sexual abuse of a child. 11 Del.C. §778
67.1.30 Dangerous crime against a child. 11 Del.C. §779
67.1.31 Unlawful imprisonment in the first degree. 11 Del.C. §782
67.1.32 Kidnapping in the second degree. 11 Del.C. §783
67.1.33 Kidnapping in the first degree. 11 Del.C. §783A
67.1.34 Acts constituting coercion. 11 Del.C. §791
67.1.35 Burglary in the second degree. 11 Del.C. §825
67.1.36 Burglary in the first degree. 11 Del.C. §826
67.1.37 Robbery in the second degree. 11 Del.C. §831
67.1.38 Robbery in the first degree. 11 Del.C. §832
67.1.39 Carjacking in the second degree. 11 Del.C. §835
67.1.40 Carjacking in the first degree. 11 Del.C. §836
67.1.41 Extortion. 11 Del.C. §846
67.1.42 Identity theft. 11 Del.C. §854
67.1.43 Felony forgery. 11 Del.C. §861
67.1.44 Falsifying business records. 11 Del.C. §871
67.1.45 Felony unlawful use of a credit card. 11 Del.C. §903
67.1.46 Insurance fraud. 11 Del.C. §913
67.1.47 Health care fraud. 11 Del.C. §913A
67.1.48 Dealing in children. 11 Del.C. §1100
67.1.49 Endangering the welfare of a child. 11 Del.C. §1102
67.1.50 Endangering the welfare of an incompetent person. 11 Del.C. §1105
67.1.51 Unlawfully dealing with a child. 11 Del.C. §1106
67.1.52 Sexual exploitation of a child. 11 Del.C. §1108
67.1.53 Unlawful dealing in child pornography. 11 Del.C. §1109
67.1.54 Possession of child pornography. 11 Del.C. §1111
67.1.55 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
67.1.56 Sexual solicitation of a child. 11 Del.C. §1112A
67.1.57 Terroristic threatening of public officials or public servants. 11 Del.C. §1240
67.1.58 Felony abetting the violation of driver’s license restrictions. 11 Del.C. §1249
67.1.59 Felony offenses against law enforcement animals. 11 Del.C. §1250
67.1.60 Felony hate crimes. 11 Del.C. §1304
67.1.61 Felony stalking. 11 Del.C. §1312A
67.1.62 Felony cruelty to animals. 11 Del.C. §1325
67.1.63 Felony maintaining a dangerous animal. 11 Del.C. §1327(a)
67.1.64 Felony violation of privacy. 11 Del.C. §1335(a)
67.1.65 Adulteration. 11 Del.C. §1339
67.1.66 Promoting prostitution in the second degree. 11 Del.C. §1352
67.1.67 Promoting prostitution in the first degree. 11 Del.C. §1353
67.1.68 Obscenity. 11 Del.C. §1361
67.1.69 Carrying a concealed deadly weapon. 11 Del.C. §1442
67.1.70 Felony unlawful dealing with a dangerous weapon. 11 Del.C. §1445(a)
67.1.71 Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447
67.1.72 Possession of a firearm during a commission of a felony. 11 Del.C. §1447A
67.1.73 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448
67.1.74 Felony Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457
67.1.75 Duty to report child abuse or neglect. 16 Del.C. §903
67.1.76 Abuse, neglect, mistreatment or financial exploitation of residents or patients in a nursing or similar facility. 16 Del.C. §1136
67.1.77 Felony falsification or destruction of records related to maintenance medical treatment. 16 Del.C. §2513
67.1.78 Manufacture, delivery or possession with intent to deliver schedule I or II narcotic drugs. 16 Del.C. §4751
67.1.79 Manufacture, delivery or possession with intent to deliver Schedule I, II, III, IV, or V non-narcotic drugs. 16 Del.C. §4752
67.1.80 Unlawful delivery or noncontrolled substances. 16 Del.C. §4752A.
67.1.81 Possession, consumption, or use of controlled substances. 16 Del.C. §4753.
67.1.82 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A
67.1.83 Possession, consumption, or use of non-narcotic controlled substances classified in Schedule I, II, III, IV, or V. 16 Del.C. § 4754
67.1.84 Crimes related to controlled substances. 16 Del.C. §4756
67.1.85 Distribution of controlled substances to persons under 21 years of age. 16 Del.C. §4761
67.1.86 Distribution, delivery or possession of a controlled substance within 1,000 feet of school property. 16 Del.C. §4767
67.1.87 Distribution, delivery or possession of a controlled substance within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. §4768
67.1.88 Felony obtaining benefit under false representation. 31 Del.C. §1003
67.1.89 Felony falsification of reports, statements, or documents. 31 Del.C. §1004
67.1.90 Kickback schemes and solicitation. 31 Del.C. §1005
67.1.91 Conversion of benefit payment. 31 Del.C. §1006
67.1.92 Intentional abuse, neglect, mistreatment, or exploitation of an infirm adult. 31 Del.C. §3913
67.2 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 regulation.
Last Updated: December 31 1969 19:00:00.
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