Chapter 20

§ 2001 Objectives. (a) The primary objective of the Board of Occupational Therapy Practice, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and occupational practices which tend to reduce competition or fix the price of services rendered. (b) The secondary objectives of the Board are to maintain minimum standards of licensee competency and certain standards in the delivery of services to the public. In meeting its objectives, the Board shall do all of the following: (1) Develop standards assuring professional competence. (2) Monitor complaints brought against licensees regulated by the Board. (3) Adjudicate at formal hearings. (4) Promulgate rules and regulations. (5) Impose sanctions where necessary against licensees. (c) Nothing in this chapter is a direct or indirect commitment by the General Assembly to a present or future requirement that insurers or other third parties must offer or provide coverage for the services of licensees. 65 Del. Laws, c. 172, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 1 ; § 2002 Definitions [Effective until fulfillment of the contingency in 85 Del. Laws, c. 459, § 4]. As used in this chapter: (1) “Applicant” means an individual who applies to be licensed under this chapter. (2) “Board” means the Board of Occupational Therapy Practice established in this chapter. (3) “Division” means the Division of Professional Regulation. (4) “Excessive use or abuse of drugs or alcohol” or “excessively uses or abuses drugs or alcohol” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of an occupational therapist or occupational therapy assistant. (5) “Licensee” means an individual licensed under this chapter to practice occupational therapy services. (6) “Occupational therapist” means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words “occupational therapy,” “occupational therapist,” or any similar title or description of occupational therapy services. (7) “Occupational therapy assistant” means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. (8) a. “Occupational therapy services” includes any of the following: 1. The assessment, treatment, and education of or consultation with an individual, family, or other persons. 2. Interventions directed toward developing, improving, or restoring daily living skills, work readiness or work performance, play skills, or leisure capacities, or enhancing educational performance skills. 3. Providing for the development, improvement, or restoration of sensorimotor, oralmotor, perceptual or neuromuscular functioning, or emotional, motivational, cognitive, or psychosocial components of performance. b. “Occupational therapy services” or “practice of occupational therapy” may require assessment of the need for use of interventions such as the design, development, adaptation, application, or training in the use of assistive technology devices; the design, fabrication, or application of rehabilitative technology such as selected orthotic devices; training in the use of assistive technology, orthotic or prosthetic devices; the application of thermal agent modalities, including paraffin, hot and cold packs, and fluido therapy, as an adjunct to, or in preparation for, purposeful activity; the use of ergonomic principles; the adaptation of environments and processes to enhance functional performance; or the promotion of health and wellness. c. [Repealed.] (9) “Person” means a corporation, company, association,or partnership, or an individual. (10) “Practice of occupational therapy” means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. (11) “Substantially related” means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy. (12) “Supervision” means the interactive process between a licensed occupational therapist and an occupational therapy assistant, and requires more than a paper review or cosignature. “Supervision” means that the supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services that the occupational therapy assistant renders. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 74 Del. Laws, c. 262, §  37 ; 80 Del. Laws, c. 80, §  11 ; 81 Del. Laws, c. 424, § 2 ; 82 Del. Laws, c. 261, §§  9, 16 ; 83 Del. Laws, c. 52, § 12 ; § 2002 Definitions. [Effective upon fulfillment of the contingency in 85 Del. Laws, c. 459, § 4]. As used in this chapter: (1) “Applicant” means an individual who applies to be licensed under this chapter. (2) “Board” means the Board of Occupational Therapy Practice established in this chapter. (3) “Division” means the Division of Professional Regulation. (4) “Dry needling” means an intervention that meets the following criteria: a. Uses a thin filiform needle to penetrate the skin and stimulate underlying muscular tissue, connective tissues, and myofascial trigger points for the management of neuromusculoskeletal pain and movement impairments. b. Is based upon Western medical concepts. c. Requires an occupational therapy examination and diagnosis. (5) “Excessive use or abuse of drugs or alcohol” or “excessively uses or abuses drugs or alcohol” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of an occupational therapist or occupational therapy assistant. (6) “Licensee” means an individual licensed under this chapter to practice occupational therapy services. (7) “Occupational therapist” means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words “occupational therapy,” “occupational therapist,” or any similar title or description of occupational therapy services. (8) “Occupational therapy assistant” means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. (9) a. “Occupational therapy services” includes any of the following: 1. The assessment, treatment, and education of or consultation with an individual, family, or other persons. 2. Interventions directed toward developing, improving, or restoring daily living skills, work readiness or work performance, play skills, or leisure capacities, or enhancing educational performance skills. 3. Providing for the development, improvement, or restoration of sensorimotor, oralmotor, perceptual or neuromuscular functioning, or emotional, motivational, cognitive, or psychosocial components of performance. b. “Occupational therapy services” or “practice of occupational therapy” may require assessment of the need for use of interventions such as the design, development, adaptation, application, or training in the use of assistive technology devices; the design, fabrication, or application of rehabilitative technology such as selected orthotic devices; training in the use of assistive technology, orthotic or prosthetic devices; the application of thermal agent modalities, including paraffin, hot and cold packs, and fluido therapy, as an adjunct to, or in preparation for, purposeful activity; the use of ergonomic principles; the adaptation of environments and processes to enhance functional performance; dry needling; or the promotion of health and wellness. c. [Repealed.] (10) “Person” means a corporation, company, association, partnership, or an individual. (11) “Practice of occupational therapy” means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. (12) “Substantially related” means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy. (13) “Supervision” means the interactive process between a licensed occupational therapist and an occupational therapy assistant, and requires more than a paper review or cosignature. “Supervision” means that the supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services that the occupational therapy assistant renders. (14) “Trigger points” means hyperirritable spots in skeletal muscle that are associated with palpable nodules in taut bands of muscle fibers. They can give rise to local or referred pain, autonomic phenomenon, and can cause limitations in range of motion and muscle activation. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 74 Del. Laws, c. 262, §  37 ; 80 Del. Laws, c. 80, §  11 ; 81 Del. Laws, c. 424, § 2 ; 82 Del. Laws, c. 261, §§  9, 16 ; 83 Del. Laws, c. 52, § 12 ; 85 Del. Laws, c. 459, § 3 ; § 2003 Board of Occupational Therapy Practice; appointments; qualifications; term; vacancies; suspension or removal; compensation. (a) The Board of Occupational Therapy Practice administers and enforces this chapter. (b) The Board consists of 5 members who are residents of this State and appointed by the Governor as follows: (1) Two occupational therapists. (2) One occupational therapy assistant. (3) Two public members, who must meet all of the following qualifications: a. Not be, nor ever have been, an occupational therapist or occupational therapy assistant. b. Not be, nor ever have been, a member of the immediate family of an occupational therapist or occupational therapy assistant. c. Not be, nor ever have been employed by an occupational therapist or occupational therapy assistant. d. Not have a material interest in the providing of goods and services to an occupational therapist or occupational therapy assistant. e. Not have been engaged in an activity directly related to occupational therapy. (c) Each member is appointed for a term of 3 years. A member may succeed the member’s term for 1 additional term, and may not be appointed again until a period of 3 years has expired. (d) [Repealed.] (e) Any act or vote by a member appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless the amendment or revision amends this section to permit the appointment. (f) (1) The Governor may remove a member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. If a member is absent from 3 consecutive meetings or attends less than 50% of meetings in a 12-month period, the member is in neglect of duty and may be assumed to have resigned, and the Governor may accept the member’s resignation. (2) A member subject to disciplinary hearing is disqualified from board business until the charge is adjudicated or the matter is otherwise concluded. (g) A member, while serving on the Board, may not hold elective office in any professional association of occupational therapists or occupational therapy assistants, including serving as head of the professional association’s Political Action Committee. (h) The law regulating the conduct of officers and employees of the State under Chapter 58 of Title 29 applies to all members of the Board. (i) [Repealed.] (j) Each member of the Board must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9. 65 Del. Laws, c. 172, §  1 ; 66 Del. Laws, c. 400, §  1 ; 67 Del. Laws, c. 368, §  11 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 85, § 10 ; 81 Del. Laws, c. 424, § 3 ; § 2004 Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, at such times as the chair deems necessary and at the request of a majority of the Board members. (b) The Board shall elect annually from its members a chair, vice-chair, and secretary. Each officer shall serve for 1 year, and may not succeed the officer’s term for more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, the Board shall elect a replacement at the next Board meeting. (c) A majority of the members constitutes a quorum for the purpose of transacting business. The Board may not take disciplinary action without the affirmative vote of at least 3 members. (d) Minutes of all meetings must be recorded, and the Division shall maintain copies of meeting minutes. At any hearing where evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript must pay for the expense of preparing the transcript. 65 Del. Laws, c. 172, §  1 ; 66 Del. Laws, c. 400, §  2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 4 ; § 2005 Records. The Division shall keep a register of all approved applications for license as an occupational therapist and occupational therapy assistant, and complete records relating to meetings of the Board, examinations, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings, and any other matters that the Board determines. The records are prima facie evidence of the Board’s proceedings. 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 5 ; § 2006 Powers and duties. (a) The Board may do all of the following: (1) Formulate rules and regulations, with appropriate notice to those affected. Rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. Each rule or regulation must implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants and process all applications. (3) Designate the written, standardized examination as approved by the National Board for Certification in Occupational Therapy, Inc., or its successor, that an applicant must pass to qualify for licensure. An applicant who qualifies for licensure by reciprocity must have achieved a passing score on the national examination. (4) [Transferred to subsection (c).] (5) Establish minimum education, training, and experience requirements for licensure. (6) Evaluate an applicant’s credentials, in order to determine whether the applicant meets the qualifications for licensing under this chapter. (7) Grant licenses to, and renew licenses of, an applicant or licensee who meets the qualifications for licensure or renewal of licenses. (8) Establish by rule and regulation continuing education standards required for license renewal. (9) Evaluate certified records to determine whether an applicant who has been previously licensed, certified, or registered in another jurisdiction to practice occupational therapy or to act as an occupational therapy assistant has engaged in any act or offense that would be grounds for disciplinary action under this chapter, and whether any disciplinary proceedings or unresolved complaints are pending against the applicant for the act or offense. (10) Refer all complaints from licensees and the public concerning licensees, the Board’s practices, or the profession to the Division for investigation under § 8735 of Title 29, and assign a Board member to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint. (11) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. The Board shall determine whether a licensee is subject to a disciplinary hearing and, if so, shall conduct the hearing in accordance with this chapter and the Administrative Procedures Act (Chapter 101 of Title 29). (12) If the Board determines after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed. (b) The Board shall promulgate regulations specifically identifying crimes which are substantially related to the practice of occupational therapy. (c) The Board shall adopt the administration, grading procedures, and passing score of the National Board for Certification in Occupational Therapy, Inc., or its successor, or a comparable alternative national or regional examination, if a national examination is not available. 65 Del. Laws, c. 172, §  1 ; 71 Del. Laws, c. 293, §  1 ; 74 Del. Laws, c. 262, §  38 ; 81 Del. Laws, c. 424, § 6 ; 81 Del. Laws, c. 424, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 2007 License required. (a) A person may not engage in the practice of occupational therapy or hold the person out to the public in this State as being qualified to practice as an occupational therapist or occupational therapy assistant, or use in connection with the person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice occupational therapy, unless the person has been licensed under this chapter. (b) If a license to practice as an occupational therapist or occupational therapy assistant in this State has expired or been suspended or revoked, it is unlawful for the person holding the expired, suspended, or revoked license to practice occupational therapy in this State. (c) It is unlawful for a person or business entity, or a person’s or business entity’s employees, agents, or representatives to use in connection with the person’s or business entity’s name or business activity the words occupational therapist, occupational therapist registered, licensed occupational therapist, occupational therapy assistant, licensed occupational therapy assistant; the letters of OT, OT/L, OTR, OTR/L, OTA, COTA, COTA/L; or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that occupational therapy services are rendered, unless the person or business entity is licensed under this chapter. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 7 ; § 2008 Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure as an occupational therapist or occupational therapy assistant under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications: (1) Has successfully completed the academic requirements of an educational program in occupational therapy that the Board recognizes. The occupational therapy education program and occupational therapist assistant educational program must be accredited by the Accreditation Council for Occupational Therapy Education. a., b. [Repealed.] (2) Has successfully completed a period of supervised field work experience arranged by the recognized educational institution where the applicant has met the academic requirements, or by the nationally recognized professional association. (3) Has achieved the passing score on the written standardized examination developed by the National Board for Certification in Occupational Therapy, Inc., or its successor. (4) a. Has not been the recipient of any administrative penalties regarding the applicant’s practice of occupational therapy, including fines; formal reprimands; license suspensions or revocation, except for license revocations for nonpayment of license renewal fees; or probationary limitations. b. Has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. c. The Board may determine, after a hearing, whether an administrative penalty included in paragraphs (a)(4)a. and (a)(4)b. of this section is grounds to deny licensure. (5) Has no impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of occupational therapy in a manner consistent with the safety of the public. (6) Does not have a criminal conviction record or pending criminal charge relating to an offense that is substantially related to the practice of occupational therapy. Applicants who have criminal conviction records or pending criminal charges for an offense that is substantially related to the practice of occupational therapy that is not excluded from consideration under § 8735(x)(4) of Title 29 shall request that the appropriate authorities provide information about the record or charge directly to the Board. The Board shall waive this paragraph (a)(6) if, after a hearing or review of documentation and consideration of the factors set forth under § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a quorum, finds that granting a waiver would create an unreasonable risk to public safety. a.-d. [Repealed.] (7) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense. (8) a. Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain all of the following: 1. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history record relating to that applicant. 2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records. b. An applicant may not be licensed to practice occupational therapy until the applicant’s criminal history reports have been produced. The Board may not license an applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of occupational therapy unless a waiver is granted under paragraph (a)(6) of this section. (b) If the Board finds to its satisfaction that an applicant has been intentionally fraudulent or intentionally supplied false information, it shall report its findings to the Attorney General for further action. (c) If the Board refuses or rejects an application and the applicant believes that the Board has acted without justification, imposed higher or different standards for that applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may appeal to the Superior Court. (d) Licensees must be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 74 Del. Laws, c. 262, §  39 ; 75 Del. Laws, c. 210, §  1 ; 75 Del. Laws, c. 436, §  18 ; 77 Del. Laws, c. 199, §  16 ; 78 Del. Laws, c. 44, §§  32, 33 ; 79 Del. Laws, c. 277, §  5 ; 81 Del. Laws, c. 424, § 8 ; 83 Del. Laws, c. 433, § 14 ; § 2009 Applicability of chapter. Nothing in this chapter may be construed as preventing or restricting the practice, services, or activities of any of the following: (1) A person registered or licensed in this State by any other law from engaging in the profession or occupation for which that person is licensed. (2) A person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates that person’s status as a student or trainee. (3) A person fulfilling the supervised field work experience requirements of this chapter, if such activities and services constitute the requirements for licensure. (4) A visiting occupational therapist who teaches temporarily at an accredited or approved educational program, or who lectures or instructs participants at seminars sanctioned by the Delaware Occupational Therapy Association. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 9 ; § 2010 Foreign-trained applicants. In addition to the requirements of § 2008 of this title, a foreign-trained applicant is eligible for licensure as an occupational therapist or as an occupational therapy assistant after submitting to the Board satisfactory evidence of graduation from a school offering a program in occupational therapy or occupational therapy assistant which has been approved for the educational preparation of occupational therapists or occupational therapy assistants by the appropriate accrediting agency recognized by the National Board for Certification in Occupational Therapy, Inc., or its successor. 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 10 ; § 2011 Reciprocity. Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, and who meets all of the following criteria: (1) Has a license in good standing as defined in § 2008(a)(4)-(6) of this title. (2) Has achieved the passing score on all parts of the written, standardized examination administered by the National Board for Certification in Occupational Therapy, Inc., or its successor. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 75 Del. Laws, c. 436, §  19 ; 81 Del. Laws, c. 424, § 11 ; § 2012 Duty to report unprofessional conduct; inability to practice. (a) A licensee has a duty to report to the Division information that the licensee reasonably believes indicates that the licensee or another licensee has engaged in or is engaging in conduct that constitute grounds for disciplinary action under this chapter. A licensee shall report to the Board within 30 days of the occurrence of any of the following: (1) A partial or full removal of the licensee’s or another licensee’s hospital privileges based on adverse events, unprofessional conduct, or competency issues. (2) A disciplinary action taken by any regulatory agency against the licensee or another licensee. (3) A reasonably-substantiated incident involving violence, threat of violence, abuse, or neglect by the licensee or another licensee toward another person. (b) (1) A licensee is subject to temporary or permanent license restriction, suspension, or revocation if the licensee is unable to practice the occupation with reasonable skill or safety to patients due to any of the following circumstances: a. Mental illness or mental incompetence. b. Physical illness, including deterioration due to aging or loss of motor skills. c. Excessive use or abuse of drugs or alcohol. (2) A license may be permanently restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title. (3) A license may be temporarily restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title or, if circumstances present an immediate danger to the public health, safety, or welfare, without a hearing and under the process established in § 2017(c) of this title. 81 Del. Laws, c. 424, § 12 ; § 2013 Fees. (a) The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board’s expenses and the Division’s proportional expenses in its service on behalf of the Board. (b) A separate fee may be charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter. (c) The application fee must not be combined with any other fee or charge. (d) At the beginning of each licensure biennium, the Division or other state agency acting on the Division’s behalf shall compute, for each separate service or activity, the appropriate Board fees for the coming licensure biennium. 65 Del. Laws, c. 172, §  1 ; 65 Del. Laws, c. 355, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 13 ; § 2014 Issuance and renewal of licenses. (a) The Board shall issue a license to each applicant who meets the requirements of and pays the fee under this chapter for licensure as an occupational therapist or occupational therapy assistant. (b) Each license must be renewed biennially, in a manner determined by the Division, upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board. (c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may renew a license if the licensee has failed to renew on or before the renewal date. (d) A licensee, upon written request, may place the licensee’s license on inactive status. The fee to renew an inactive license must be prorated in accordance with the amount of time the license was inactive. The licensee may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required by the Board’s rules and regulations. 65 Del. Laws, c. 172, §  1 ; 66 Del. Laws, c. 400, §  3 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 75 Del. Laws, c. 210, §  3 ; 81 Del. Laws, c. 424, § 14 ; § 2015 Grounds for discipline. (a) A licensee is subject to disciplinary actions under § 2017 of this title if, after a hearing, the Board finds that the licensee has done any of the following: (1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as an occupational therapist or occupational therapy assistant, impersonated another person holding a license or registration, allowed another person to use the licensee’s license, or aided or abetted a person not licensed under this chapter to represent the person as an occupational therapist or occupational therapy assistant. (2) Been convicted of a crime that is substantially related to the practice of occupational therapy. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction. (3) Excessively used or abused drugs or alcohol in the previous 2 years. (4) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities. (5) Violated a provision of this chapter or a regulation established under this chapter. (6) Had the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction. a. For this paragraph (a)(6) to apply, the underlying grounds for the action in another jurisdiction must be presented to the Board by certified record, and the Board must determine that the facts found in the other jurisdiction constitute 1 or more of the acts defined in this chapter. b. A licensee is deemed to have consented to the release of the information under paragraph (a)(6)a. of this section by the Board or comparable agency in another jurisdiction and waived all objections to the admissibility of previously adjudicated evidence on the record of the other jurisdiction. (7) Failed to notify the Board that the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant in another jurisdiction has been subject to discipline, surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence thereof. (8) While acting as a supervising occupational therapist, has failed to supervise and take reasonable steps to see that an occupational therapy assistant performs services responsibly, competently, and ethically, in accordance with rules and regulations that the Board established. A supervising occupational therapist is subject to disciplinary action for an act or offense which is grounds for disciplinary action when the act or offense is undertaken by the occupational therapy assistant acting under the supervising occupational therapist’s direction or control. (b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order the licensee’s attendance. The Court has the jurisdiction to issue an order requiring the licensee to attend the hearing. (c) [Repealed.] 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 74 Del. Laws, c. 262, §  40 ; 81 Del. Laws, c. 424, § 15 ; § 2016 Complaints. (a) The Division shall receive and investigate a complaint in accordance with § 8735 of Title 29, and the Division shall issue a final written report at the conclusion of its investigation. (b) If the Board determines that an individual is engaging in the practice of occupational therapy or using the title occupational therapist or occupational therapy assistant and is not licensed under this chapter, the Board shall issue a formal warning to the individual under this chapter. If the formal warning does not resolve the matter, the Board may apply to the Office of the Attorney General to issue a cease and desist order. (c) The Division shall investigate a complaint against a licensee involving allegations of unprofessional conduct or incompetence. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 16 ; § 2017 Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations under § 2015 of this title applies to a licensee: (1) Issue a letter of reprimand. (2) [Repealed.] (3) Place the licensee on probationary status and require the licensee to do any of the following: a. Report regularly to the Board upon the matters which are the basis of the probation. b. Limit all practice and professional activities to those areas that the Board prescribes. (4) Suspend the licensee’s license. (5) Revoke the licensee’s license. (6) Impose a monetary penalty not to exceed $500 for each violation. (b) The Board may withdraw or reduce conditions of probation if it finds that the deficiencies which required the probation are remedied. (c) If a formal or informal complaint concerning the activity of a licensee presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. (1) An order temporarily suspending a license must not be issued unless the licensee or the licensee’s attorney receives at least 24 hours’ written or oral notice before the temporary suspension, so that the licensee or the licensee’s attorney may file a written response to the proposed suspension. (2) The decision as to whether to issue the temporary order of suspension must be decided on the written submissions. (3) An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order, unless the licensee requests a continuance of the hearing, in which case the order of temporary suspension remains in effect until the hearing is convened and the Board renders a decision. (4) A licensee whose license has been temporarily suspended under this section may request an expedited hearing. Upon the licensee’s timely request, the Board shall schedule the hearing on an expedited basis. A request is timely if the licensee provides it to the Board within 5 calendar days from the date that the licensee received notice of the temporary suspension. (d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose disciplinary or corrective measures authorized under this chapter. (e) The Board shall permanently revoke the license of a licensee who is convicted of a felony sexual offense. 65 Del. Laws, c. 172, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 79 Del. Laws, c. 213, §  2 ; 79 Del. Laws, c. 277, §  6 ; 81 Del. Laws, c. 424, § 17 ; § 2018 Hearing procedures. (a) If a complaint alleging violation of § 2015 of this title is filed with the Board under § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) All hearings are informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision must be in writing and include the Board’s reasons for the decision. The Board’s decision must be mailed immediately to the licensee. (c) If the licensee is in disagreement with the Board’s action, the licensee may appeal the Board’s decision to the Superior Court within 30 days of service of the Board’s decision or the postmarked date of the copy of the decision mailed to the licensee. Upon an appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29. 65 Del. Laws, c. 172, §  1 ; 65 Del. Laws, c. 355, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 18 ; § 2019 Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate a license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension or probation. (b) An applicant for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. The Board may also require that the applicant meet the continuing education requirements of this chapter. (c) [Repealed.] 71 Del. Laws, c. 293, §  1 ; 81 Del. Laws, c. 424, § 19 ; 82 Del. Laws, c. 8, § 8 ; § 2020 Penalties. (a) It is unlawful for a person who is not licensed under this chapter to any of the following: (1) Engage in the practice of occupational therapy. (2) Use in connection with that person’s name or otherwise assume or use any title or description that conveys or tends to convey the impression that the person is qualified to practice occupational therapy. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor and subject to the following penalties: (1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense. (2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense. (c) Superior Court has jurisdiction over all violations of this chapter. 71 Del. Laws, c. 293, §  1 ; 70 Del. Laws, c. 186, §  1 ; 81 Del. Laws, c. 424, § 20 ; § 2021 Treatment or examination of minors. (a) As used in this section: (1) “Adult staff member” means an individual who is 18 years or older and is acting under the direction of the licensee, the licensee’s employer, or is otherwise licensed under this chapter. (2) “Evaluation or treatment” includes dressing, bathing, or toileting that exposes a minor patient’s breast, genitalia, or rectum. (3) “Minor” means an individual who is 15 years or younger. (4) “Services” includes inpatient, outpatient, home, or school treatment. (b) A minor patient’s parent, guardian, or other caretaker, or an adult staff member, must be present when a licensee provides services to a minor patient who is disrobed or partially disrobed during evaluation or treatment. (c) If an adult staff member observes the evaluation or treatment, the adult staff member must be of the same gender as the patient when practicable. (d) The minor patient may decline the presence of a third person only with consent of individual providing consent to the minor patient’s treatment and only after the initial evaluation. (e) When a minor patient’s evaluation or treatment involves the female breasts, or female or male genitalia or rectum, a licensee shall provide the individual providing consent to the minor patient’s treatment with notice of the rights under this section. The notice must be provided in written form or conspicuously posted in a manner in which a minor patient and the individual providing consent to the minor patient’s treatment are made aware of the notice. In circumstances in which the posting or the provision of the written notice may not convey the right to have a third person present, the licensee shall use another means to ensure that the minor patient and the individual providing consent to the minor patient’s treatment understand the rights under this section. (f) [Repealed.] (g) A licensee that provides treatment to a minor patient under this section shall, contemporaneously with the treatment, note in the minor patient’s record the name of each person present when the treatment is provided. 79 Del. Laws, c. 169, §  6 ; 70 Del. Laws, c. 186, §  1 ; 81 Del. Laws, c. 424, § 21 ; § 2022 Dry needling practice; referral [Effective upon fulfillment of the contingency in 85 Del. Laws, c. 459, § 4]. (a) An occupational therapist may perform dry needling subject to the following: (1) An occupational therapist may not perform a dry needling procedure on a patient without first receiving a written physician referral specific to dry needling. A referral may be transmitted by digital means. (2) An occupational therapist may not advertise or in any other way hold themself out as an acupuncturist unless the occupational therapist is a licensed acupuncturist. (b) The Board must establish, by rule and regulation, training and practice standards for dry needling. 85 Del. Laws, c. 459, § 3 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? 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