Wis. Admin. Code OT — Occupational Therapists Affiliated Credentialing Board

Chapter OT 1 DEFINITIONS

Wis. Admin. Code § OT 1.01 Authority and purpose {#sec-ot-1.01 omnilex-key=us-wi-regs-official--agency-ot--OT 1.01}

The rules in this chapter are adopted by the occupational therapists affiliated credentialing board pursuant to the authority of ss. 15.08 (5) (b), 227.11 (2), 448.965, and 448.9875 (3), Stats., to govern the license and regulation of occupational therapists and occupational therapy assistants.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 24-050: am. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § OT 1.02 Definitions {#sec-ot-1.02 omnilex-key=us-wi-regs-official--agency-ot--OT 1.02}

As used in chs. OT 1 to 5:

(1) “Activity demands” means the specific features of an activity that influence the type and amount of the effort required to perform the activity. Activity demands include the specific objects, space demands, social demands, sequence and timing, actions and skills, body functions, and body structures required to carry out the activity.

(2) “Assessment” is a component part of the evaluation process, and means the process of determining the need for, nature of, and estimated time of treatment at different intervals during the treatment, determining needed coordination with or referrals to other disciplines, and documenting these activities.

(3) “Board” means the occupational therapists affiliated credentialing board.

(4) “Body functions” means the physiological functions of body systems, including mental, sensory, pain, neuromusculoskeletal, movement, cardiovascular, hematological, immunological, respiratory, voice, speech, digestive, metabolic, endocrine, genitourinary, reproductive, lymphatic, integumentary, and related structures.

(5) “Body structures” means anatomical parts of the body, such as organs, limbs, and their components that support body functions.

(6) “Client factors” means values, beliefs, spirituality, body functions, and body structures of the client that may affect performance of occupation and activities.

(6g) “Compact” means the occupational therapy licensure compact under s. 448.987, Stats.

(6r) “Compact privilege” has the meaning given in s. 448.987 (2) (d), Stats.

(7) “Consultation” means a work-centered, problem-solving helping relationship in which knowledge, experience, abilities, and skills are shared with client, family, caregivers, and other professionals, including physicians, in the process of helping to habilitate or rehabilitate through the use of occupational therapy.

(8) “Entry-level” means the person has no demonstrated experience in a specific position, such as a new graduate, a person new to the position, or a person in a new setting with no previous experience in that area of practice.

(9) “Evaluation” means the process of obtaining and interpreting data necessary for understanding the individual system or situation. This includes planning for and documenting the evaluation process, results, and recommendations, including the need for intervention and potential change in the intervention plan.

(10) “Experienced” means demonstrated competence in the performance of duties in a given area of practice.

(11) “Habilitation” means an occupational therapy intervention designed for the education, training or support services provided to individuals to assist them in acquiring and maintaining skills not yet gained or learned, thus enabling them to learn, practice, and refine skills needed for independent living, productive employment, activity, and community participation.

(11m) “Health care provider” has the meaning given in s. 155.01 (7), Stats.

(12) “Level I fieldwork” means an integral part of didactic courses and includes varied learning experiences. Students are supervised in observation and assistance with clients during short term contacts.

(13) “Level II fieldwork” means extended fieldwork which emphasizes the application and integration of academically acquired knowledge and skills in the supervised delivery of occupational therapy services to clients.

(14) “Occupation” means the functional abilities that occupational therapy addresses in the areas of activities of daily living, instrumental activities of daily living, rest and sleep, education, work and vocational activities, play, leisure, and social participation.

(14e) “Occupational therapist” has the meaning given in s. 448.96 (4), Stats.

(14m) “Occupational therapy assistant” has the meaning given in s. 448.96 (6), Stats.

(14s) “Occupational therapy compact commission” or “commission” has the meaning given in s. 448.987 (2) (s), Stats.

(15) “Occupational therapist educational program” means an educational program and supervised internships in occupational therapy recognized by the board and accredited by the Accreditation Council for Occupational Therapy Education or a program approved by the World Federation of Occupational Therapy.

(16) “Occupational therapy assistant educational program” means an educational program and supervised internships in occupational therapy recognized by the board and accredited by the Accreditation Council for Occupational Therapy Education or a program approved by the World Federation of Occupational Therapy.

(18) “Performance contexts and environments” means a variety of interrelated conditions within and surrounding the client that influence an individual’s engagement in desired or required occupational performance including: personal, cultural, temporal, physical, virtual, and social.

(19) “Performance patterns” means patterns of behavior related to an individual’s daily life activities that are habitual or routine.

(20) “Performance skills” means the skills and abilities that an individual demonstrates in the actions they perform including sensorimotor, sensory-perceptual, emotional regulation, cognition, communication, and social skills.

(21) “Prevention” means the fostering of normal development, promoting health and wellness, sustaining and protecting existing functions and abilities, preventing disability, or supporting levels of restoration or change to enable individuals to maintain maximum independence.

(22) “Referral” means the practice of requesting occupational therapy services.

(23) “Rehabilitation” means the process of treatment and education to restore a person’s ability to live and work as independently as possible after a disabling injury or illness.

(24) “Screening” means the review of occupational performance skills in natural environments or educational, or clinical settings to determine the significance of any discrepancy between current performance and expected level of performance, which may be done in consultation with a physician.

(25) “Service competence” means the determination made by various methods that 2 people performing the same or equivalent procedures will obtain the same or equivalent results.

(26) “Supervision” is a cooperative process in which 2 or more people participate in a joint effort to establish, maintain, and elevate a level of competence and performance. One of the participants, the supervisor, possesses skill, competence, experience, education, credentials, or authority in excess of those possessed by the other participant, the supervisee.

(27) “Supervisor” means a person holding a regular license under subch.r VII of ch. 448, Stats., or a person holding a compact privilege granted by the board, who is competent to coordinate, direct, and inspect the practice of another person engaged in or assisting in the practice of occupational therapy. This definition does not apply to a person holding a temporary license issued under ch. OT 2.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: r. and recr. Register September 2014 No. 705, eff. 10-1-14; corrections to (intro.) under s. 35.17, Stats. Register September 2014 No. 705; CR 15-053: r. (17) Register August 2016 No. 728, eff. 9-1-16; CR 24-050: cr. (6g), (6r), (11m), (14e), (14m), (14s), (27) Register July 2025 No. 835, eff. 8-1-25; correction in (27) made under s. 35.17, Stats., Register July 2025 No. 835.

Chapter OT 2 LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

Wis. Admin. Code § OT 2.01 Authority and purpose {#sec-ot-2.01 omnilex-key=us-wi-regs-official--agency-ot--OT 2.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2), 448.965, and 448.9875 (3), Stats., to govern the licensure and regulation of occupational therapists and occupational therapy assistants.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 24-050: am. Register July 2025 No. 835, eff. 8-1-25; correction made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § OT 2.02 Applications and credentials {#sec-ot-2.02 omnilex-key=us-wi-regs-official--agency-ot--OT 2.02}

(1) Except as provided under s. OT 2.08, every applicant for initial licensure as an occupational therapist or occupational therapy assistant shall submit all of the following:

(a) A completed application form.

Note: Application forms are available from the department of safety and professional services’ website at www.dsps.wi.gov.

(b) Evidence of initial certification as an occupational therapist or occupational therapy assistant from the national board for certification in occupational therapy; and that the applicant has completed an occupational therapist educational program, or an occupational therapy assistant educational program.

(c) Written verification from the national board for certification in occupational therapy that the applicant has passed the examination required by this chapter.

(2) Requests for verification from the national board for certification in occupational therapy shall be made by the applicant.

(3) An application for licensure is not complete until the board has received both a completed application form and verification of initial certification from the national board for certification in occupational therapy.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 21-002: am. (1) (intro.) Register July 2021 No. 787, eff. 8-1-21; CR 22-027: am. (1) (b) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 2.03 Examinations, panel review of applications {#sec-ot-2.03 omnilex-key=us-wi-regs-official--agency-ot--OT 2.03}

(1) Applicants for licensure as an occupational therapist or occupational therapy assistant shall pass the certification examination for occupational therapist or the certification examination for occupational therapy assistant of the national board for certification in occupational therapy, and shall complete an open book examination on statutes and rules governing the practice of occupational therapy in Wisconsin.

(2) An applicant may be required to complete an oral examination if the applicant meets any of the following criteria:

(a) Has a medical condition which in any way impairs or limits the applicant’s ability to practice occupational therapy with reasonable skill and safety.

(b) Uses chemical substances so as to impair in any way the applicant’s ability to practice occupational therapy with reasonable skill and safety.

(c) Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.

(d) Has been convicted of a crime the circumstances of which substantially relate to the practice of occupational therapy.

(e) Has not practiced occupational therapy for a period of 5 years prior to application, unless the applicant has graduated from a school of occupational therapy within that period. Practice for the purposes of this paragraph includes direct client treatment and education, occupational therapy instruction in an occupational therapy academic program recognized by the board, occupational therapy research, and service in administrative positions for healthcare entities or governmental bodies with responsibility relating to occupational therapy.

(f) Has been found negligent in the practice of occupational therapy or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of occupational therapy.

(g) Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.

(h) Has within the past 2 years engaged in the illegal use of controlled substances.

(i) Has been subject to adverse formal action during the course of occupational therapy education, postgraduate training, hospital practice, or other occupational therapy employment.

(j) Has graduated from an occupational therapy school not approved by the board.

(3) An application filed under s. OT 2.01 shall be reviewed by an application review panel of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a license without completing an oral examination.

(4) All written or oral examinations shall be conducted in the English language.

(5) If both written and oral examinations are required they shall be scored separately and the applicant shall achieve a passing grade on all examinations to qualify for a license.

(6) The board shall notify each applicant eligible for examination of the time and place scheduled for that applicant’s examinations. Failure of an applicant to appear for examinations as scheduled will void that applicant’s application and require the applicant to reapply for licensure, unless prior scheduling arrangements have been made with the board by the applicant.

(7) If after receipt of additional information from applicants who have been treated for alcohol or drug abuse or impairment or from applicants who have been treated for an acute or chronic psychological impairment the board decides that an oral examination shall be administered, the examination shall be limited to a determination whether at the time of application the applicant’s disability appears to pose an actual risk to the health, safety or welfare of client or public arising from the applicant’s demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of occupational therapy.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. (2) (e), (j) Register September 2014 No. 705, eff. 10-1-14; CR 24-050: am. (2) (e) Register July 2025 No. 835, eff. 8-1-25..

Wis. Admin. Code § OT 2.04 Exemption from written examination for certain occupational therapy assistant applicants {#sec-ot-2.04 omnilex-key=us-wi-regs-official--agency-ot--OT 2.04}

An applicant for licensure as an occupational therapy assistant who graduated from an occupational therapy assistant educational program prior to 1977 is exempt from the requirements for a written licensure examination for occupational therapy assistant.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § OT 2.05 Examination review by applicant {#sec-ot-2.05 omnilex-key=us-wi-regs-official--agency-ot--OT 2.05}

(1) An applicant who fails the oral or statutes and rules examination may request a review of that examination by filing a written request and the fee required under s. 440.07 (3), Stats., with the board within 30 days of the date on which examination results are mailed.

(2) Examination reviews are by appointment only.

(3) An applicant may review the statutes and rules examination for not more than one hour.

(4) An applicant may review a tape of the oral examination for not more than 2 hours.

(5) The applicant may not be accompanied during the review by any person other than the proctor.

(6) At the beginning of the review, the applicant shall be provided with a copy of the questions, a copy of the applicant’s answer sheet or oral tape and a copy of the master answer sheet.

(7) The applicant may review the examination in the presence of a proctor. The applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. Applicants shall not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor shall not defend the examination nor attempt to refute claims of error during the review.

(8) An applicant may not review the examination more than once.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § OT 2.06 Board review of examination error claim {#sec-ot-2.06 omnilex-key=us-wi-regs-official--agency-ot--OT 2.06}

(1) An applicant claiming examination error shall file a written request for board review in the board office within 30 days of the date the examination was reviewed by the applicant. The request shall include all of the following:

(a) The applicant’s name and address.

(b) The type of license for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The board shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the board’s decision and any resulting grade changes.

(3) If the decision does not result in the applicant passing the examination, a notice of denial of license shall be issued. If the board issues a notice of denial following its review, the applicant may request a hearing under s. SPS 1.05.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § OT 2.07 Temporary license {#sec-ot-2.07 omnilex-key=us-wi-regs-official--agency-ot--OT 2.07}

(1) An applicant for licensure may apply to the board for a temporary license to practice as an occupational therapist or occupational therapy assistant if the applicant does all of the following:

(a) Remits the fee specified in s. 440.05 (6), Stats.

(b) Is a graduate of an approved school and is scheduled to take the national certification examination for occupational therapist or occupational therapist assistant or has taken the national certification examination and is awaiting results.

(2) Practice during the period of the temporary license shall be in consultation, at least monthly, with an occupational therapist who shall at least once each month endorse the activities of the person holding the temporary license.

(3) An applicant with a temporary license may practice at no more than 2 separate employment locations.

(4) A temporary license expires on the date the applicant is notified that he or she has failed the national certification examination for permanent licensure or on the date the board grants or denies an applicant permanent licensure, whichever is later.

(6) A temporary license shall remain in effect for 6 months and may not be renewed.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. (4), r. (5), am. (6) Register September 2014 No. 705, eff. 10-1-14.

Wis. Admin. Code § OT 2.08 Reciprocal credentials for service members, former service members, and their spouses {#sec-ot-2.08 omnilex-key=us-wi-regs-official--agency-ot--OT 2.08}

A reciprocal license to practice as an occupational therapist or occupational therapy assistant shall be granted to a service member, a former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

• CR 21-002: cr. Register July 2021 No. 787, eff. 8-1-21; correction made under s. 35.17, Stats., Register July 2021 No. 787.

Wis. Admin. Code § OT 2.09 Compact privilege requirements {#sec-ot-2.09 omnilex-key=us-wi-regs-official--agency-ot--OT 2.09}

Each person applying for a compact privilege shall meet all of the following requirements:

(1) Complete the compact application process .

(2) Pay the fee specified in s. 448.987 (3) (c), Stats.

(3) Successfully pass the examinations specified in s. OT 2.03 (1).

Note: Application instructions for compact privilege may be obtained from the Department of Safety and Professional Services’ website at http://dsps.wi.gov.

History

• CR 24-050; cr. Register July 2025 No. 835, eff. 8-1-25; correction in (2) made under s. 35.17, Stats., Register July 2025 No. 835.

Chapter OT 3 BIENNIAL LICENSE RENEWAL

Wis. Admin. Code § OT 3.01 Authority and purpose {#sec-ot-3.01 omnilex-key=us-wi-regs-official--agency-ot--OT 3.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2), and 448.965, Stats., to govern biennial renewal requirements for occupational therapists and occupational therapy assistants.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 20-016: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § OT 3.02 Renewal required; method of renewal {#sec-ot-3.02 omnilex-key=us-wi-regs-official--agency-ot--OT 3.02}

Each licensee shall renew biennially with the board. Each licensee shall submit a completed renewal application and the required renewal fee to the department by the date specified in s. 440.08 (2) (a) 52. or 53., Stats., as applicable. The board shall notify a licensee within 30 business days of receipt of a completed renewal application whether renewal is approved or denied.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. Register September 2014 No. 705, eff. 10-1-14; CR 20-016: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § OT 3.03 Initial renewal {#sec-ot-3.03 omnilex-key=us-wi-regs-official--agency-ot--OT 3.03}

A licensee who is initially granted and issued a license shall renew the license as provided under s. OT 3.02 by the date specified in s. 440.08 (2) (a) 52. or 53., Stats., as applicable.

Note: Application instructions for renewal may be obtained from the Department of Safety and Professional Services’ website at http://dsps.wi.gov.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 20-016: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § OT 3.04 Renewal prohibited {#sec-ot-3.04 omnilex-key=us-wi-regs-official--agency-ot--OT 3.04}

The license of an occupational therapist or occupational therapy assistant who has not complied with the provisions of s. OT 3.06 and s. 448.967 (2), Stats., may not be renewed.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 20-016: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § OT 3.05 Late renewal and reinstatement {#sec-ot-3.05 omnilex-key=us-wi-regs-official--agency-ot--OT 3.05}

Failure to renew as required under s. OT 3.02 shall cause a license to expire. A licensee who allows a license to expire may apply to the board for late renewal or reinstatement of the license by completing one of the following:

(1) Late renewal within 5 years. If a licensee applies for renewal within 5 years after the renewal date, the license shall be renewed upon submission of the completed application and fee required under s. OT 3.02, payment of the late fee under s. 440.08 (3) (a), Stats., and fulfillment of the continuing education requirements under s. OT 3.06.

(2) Late renewal after 5 years. If a licensee applies for renewal more than 5 years after the renewal date, the board shall make such inquiry as it finds necessary to determine whether the applicant is competent to practice under the license in this state. Subject to s. 440.08 (3) (b), Stats., the board shall impose any reasonable conditions on the renewal of the license, including oral examination, as the board deems appropriate. All applicants under this subsection shall be required to pass the open book examination on statutes and rules, which is the same examination given to initial applicants. Except as provided under sub. (3) (a), this subsection does not apply to licensees who have unmet disciplinary requirements or whose licenses have been denied at renewal, surrendered, or revoked.

(3) Reinstatement. A licensee who has unmet disciplinary requirements and failed to renew within 5 years of the renewal date or whose license has been denied at renewal, surrendered, or revoked, may apply to have the license reinstated. An application for reinstatement shall include all of the following:

(a) Evidence of completion of the requirements under sub. (2).

(b) Evidence of completion of disciplinary requirements, if applicable.

(c) Evidence of rehabilitation or change in circumstances warranting reinstatement of the license.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. (intro.) Register September 2014 No. 705, eff. 10-1-14; correction in (intro.) under s. 35.17, Stats. Register September 2014 No. 705; CR 15-053: am. (title), (intro.), cr. (1) (title), am. (2), cr. (3) Register August 2016 No. 728, eff. 9-1-16; CR 20-016: am. (intro.), (1), (2), (3) (intro.), (a) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § OT 3.06 Continuing education {#sec-ot-3.06 omnilex-key=us-wi-regs-official--agency-ot--OT 3.06}

The purpose and intent of continuing education in occupational therapy is to assure the public of the expectation and obligation that practitioners maintain currency, knowledge levels and professional competence. Occupational therapists and occupational therapy assistants shall complete continuing education as follows:

(1) Each holder of a license as an occupational therapist shall, at the time of applying for renewal of the license, certify that the licensee has completed at least 24 points of acceptable continuing education during the 2-year period immediately preceding the renewal date under s. 440.08 (2) (a) 52., Stats.

(2) Each holder of a license as an occupational therapy assistant shall, at the time of applying for renewal of the license, certify that the licensee has completed at least 24 points of acceptable continuing education during the 2-year period immediately preceding the renewal date under s. 440.08 (2) (a) 53., Stats.

(3) At least 12 points of the continuing education required under subs. (1) and (2) shall be accumulated through 2 or more professional development activities listed under Table OT 3.06 that are related to occupational therapy. The remainder of the continuing education required under subs. (1) and (2) shall be accumulated through courses, programs, or other educational activities related to the licensee’s practice. In Table OT 3.06, “contact hour” means not less than 50 minutes of actual professional activity.

(4) Certificates of completion or other evidence of compliance with this section shall be retained by each license holder for at least 2 years following the biennium in which the continuing education was completed.

(5) The board shall audit any licensee who is under investigation by the board for alleged misconduct for compliance with this section.

(6) During the time between initial licensure and commencement of a full 2-year licensure period, new licensees shall not be required to meet continuing education requirements.

(7) A licensee may apply to the board for a postponement or waiver of the requirements of this section on the grounds of prolonged illness, disability, or other grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 06-115: cr. (6) and (7) Register May 2007 No. 617, eff. 6-1-07; CR 13-109: cr. (r) Table Register September 2014 No. 705, eff. 10-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728; CR 20-016: am. (1) to (3), cr. Table (title), am. Table rows (c), (d), (f), (n), (p), (q), (4), (5) Register July 2021 No. 787, eff. 8-1-21; CR 22-028: am. (3), Table rows (b), (f), cr. Table row (fm) Register July 2023 No. 811, eff. 8-1-23.

Chapter OT 4 PRACTICE AND SUPERVISION

Wis. Admin. Code § OT 4.01 Authority and purpose {#sec-ot-4.01 omnilex-key=us-wi-regs-official--agency-ot--OT 4.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2) and 448.965, Stats., to govern the standards of practice and supervision requirements for occupational therapists and occupational therapy assistants.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § OT 4.02 Scope of practice {#sec-ot-4.02 omnilex-key=us-wi-regs-official--agency-ot--OT 4.02}

(1) “Occupational therapy,” as defined at s. 448.96 (5), Stats., may include the following interventions:

(a) Remediation or restitution of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological processes.

(b) Adaptation of task, process or environment, or the teaching of compensatory techniques, in order to enhance performance.

(c) Disability prevention methods and techniques which facilitate the development or safe application of performance skills.

(d) Health promotion strategies and practices which enhance performance abilities.

(2) Occupational therapy interventions include the following:

Note: A comprehensive list of occupational therapy interventions can be found in the Model Practice Act of the American Occupational Therapy Association (AOTA). The AOTA may be contacted on the web at www.aota.org or by mail at American occupational therapy association, P.O. Box 31220, Bethesda, MD 20824-1220.

(a) Screening, evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work or productive activities, instrumental activities of daily living, play, leisure activities, rest and sleep, education and social participation.

(b) Evaluating, developing, remediating, or restoring sensorimotor, sensoriperceptual neuromusculoskeletal, emotional regulation, cognition, communication, social skills, or psychosocial components of performance.

(c) Designing, fabricating or training in the use of assistive technology, upper extremity orthotic devices and lower extremity positioning orthotic devices.

(d) Training in the use of prosthetic devices, excluding gait training.

(e) Adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles.

(f) Application of physical agent modalities. Application is performed by an experienced therapist with demonstrated and documented evidence of theoretical background, technical skill and competence.

Note: An example of standards for evaluating theoretical background, technical skill and competence is the position paper on physical agent modalities issued by the American occupational therapy association (AOTA). AOTA may be contacted on the web at www.aota.org, and by mail at American Occupational Therapy Association, P.O. Box 31220, Bethesda, MD 20824-1220.

(g) Evaluating and providing intervention and case management in collaboration with the client, family, caregiver or other involved individuals or professionals.

(h) Educating the client, family, caregiver, or others in carrying out appropriate nonskilled interventions.

(i) Consulting with groups, programs, organizations, or communities to provide population-based services.

(j) Therapeutic use of occupations, exercises, and activities.

(k) Training in self-care, self-management, health management and maintenance, home management, community work reintegration, and school activities and work performance.

(L) Therapeutic use of self, including one’s personality, insights, perceptions and judgments, as part of the therapeutic process.

(m) Assessment, recommendation, and training in techniques to enhance functional mobility, including management of wheelchair and other mobility devices.

(n) Vision and low vision rehabilitation.

(o) Driver rehabilitation and community mobility.

(p) Management of feeding, eating, and swallowing to enable eating and feeding performance.

(q) Facilitating the occupational performance of groups, populations, or organizations through the modification of environments and adaptation processes.

(r) Use of a range of specific therapeutic procedures, including wound care management; techniques to enhance sensory, perceptual, and cognitive processing; and pain management, lymphedema management, and manual therapy techniques, to enhance performance skills.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. (2) (intro.), (a), (b), cr. (2) (j) to (r) Register September 2014 No. 705 eff. 10-1-14; CR 15-053: am. (2) (f) Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § OT 4.03 Standards of practice {#sec-ot-4.03 omnilex-key=us-wi-regs-official--agency-ot--OT 4.03}

Occupational therapists and occupational therapy assistants shall adhere to the minimum standards of practice of occupational therapy that have become established in the profession, including but not limited to the following areas:

(1) Screening.

(a) An occupational therapist, alone or in collaboration with an occupational therapy assistant, when practicing either independently or as a member of a treatment team, shall identify individuals who present deficits or declines in performance of their occupations including occupational performance skills and performance patterns.

(b) Screening methods shall take into consideration the occupational performance contexts relevant to the individual.

(c) Screening methods may include interviews, observations, testing and records review to determine the need for further evaluation and intervention.

(d) The occupational therapist or occupational therapy assistant shall transmit screening results and recommendations to all appropriate persons.

(2) Referrals. Referrals may be accepted from advanced practice nurses, chiropractors, dentists, optometrists, physical therapists, physicians, physician assistants, podiatrists, psychologists, or other health care providers.

(3) Evaluation.

(a) The occupational therapist directs the evaluation process. An occupational therapist alone or in collaboration with the occupational therapy assistant shall prepare an occupational therapy evaluation for each individual referred for occupational therapy services. The occupational therapist interprets the information gathered in the evaluation process.

(b) The evaluation shall consider the individual’s medical, vocational, social, educational, family status, and personal and family goals, and shall include an assessment of how performance skills, and performance patterns and their contexts and environments influence the individual’s functional abilities and deficits in the performance of their occupations.

(c) Evaluation methods may include observation, interviews, records review, and the use of structured or standardized evaluative tools or techniques.

(d) When standardized evaluation tools are used, the tests shall have normative data for the individual’s characteristics. If normative data are not available, the results shall be expressed in a descriptive report. Collected evaluation data shall be analyzed and summarized to indicate the individual’s current status.

(e) Evaluation results shall be documented in the individual’s record and shall indicate the specific evaluation tools and methods used.

(f) Evaluation results shall be communicated to the referring health care provider, if any, and to the appropriate persons in the facility and community.

(g) If the results of the evaluation indicate areas that require intervention by other health care providers, the individual shall be appropriately referred or an appropriate consultation shall be requested.

(h) Initial evaluation shall be completed and results documented within the time frames established by the applicable facility, community, regulatory, or funding body.

(4) Program planning.

(a) The occupational therapist is responsible for the development of the occupational therapy intervention plan. The occupational therapist develops the plan collaboratively with the client, and may include the occupational therapy assistant and team working with the client, including the physician — as indicated.

(b) The program shall be stated in measurable and reasonable terms appropriate to the individual’s needs, functional goals and prognosis and shall identify short and long term goals.

(c) The program shall be consistent with current principles and concepts of occupational therapy theory and practice.

(d) In developing the program, the occupational therapist alone or in collaboration with the occupational therapy assistant shall also collaborate as appropriate, with the individual, family, other health care providers and community resources; shall select the media, methods, environment, and personnel needed to accomplish the goals; and shall determine the frequency and duration of occupational therapy interventions provided.

(e) The program shall be prepared and documented within the time frames established by the applicable facility, community, regulatory, or funding body.

(5) Program implementation.

(a) The occupational therapy program shall be implemented according to the program plan previously developed. The occupational therapist may delegate aspects of intervention to the occupational therapy assistant dependent on the occupational therapy assistant’s demonstrated and documented service competency.

(b) The individual’s occupations, occupational performance, skills, occupational performance patterns, and occupational performance contexts and environments shall be routinely and systematically evaluated and documented.

(c) Program modifications shall be formulated and implemented consistent with the changes in the individual’s occupational performance skills, occupational performance patterns and occupational performance contexts and environments.

(d) All aspects of the occupational therapy program shall be routinely and systematically reviewed for effectiveness and efficacy.

(6) Discontinuation of services.

(a) Occupational therapy services shall be discontinued when the individual has achieved the program goals or has achieved maximum benefit from occupational therapy.

(b) A comparison of the initial and current state of functional abilities and deficits in occupational performance skills, and occupational performance patterns, affecting performance in the individual’s occupations shall be made and documented.

(c) A discharge plan shall be prepared, consistent with the interventions provided, the individual’s goals, and the expected prognosis. Consideration shall be given to the individual’s occupational performance contexts and environments including appropriate community resources for referral, and environmental factors or barriers that may need modification.

(d) Sufficient time shall be allowed for the coordination and effective implementation of the discharge plan.

(e) Recommendations for follow-up or reevaluation shall be documented.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; correction in (2) (e) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 13-109: am. (1) (a), (2) (title), (a), (c) to (e), (3) (a), (b), (f), (4) (d), (5) (b), (c), (6) (b), (c) Register September 2014 No. 705, eff. 10-1-14; CR 15-053: am. (2) (title), r. (2) (a), am. (2) (b), r. (2) (c) to (e), am. (3) (a), (f) Register August 2016 No. 728, eff. 9-1-16; renum. (2) (b) to (2) under s. 13.92 (4) (b) 1., Stats., Register August 2016 No. 728; CR 24-050: am. (2), (3) (f), (g), (4) (d) Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § OT 4.04 Supervision and practice of occupational therapy assistants {#sec-ot-4.04 omnilex-key=us-wi-regs-official--agency-ot--OT 4.04}

(1) An occupational therapy assistant must practice under the supervision of an occupational therapist. Supervision is an interactive process that requires both the occupational therapist and the occupational therapy assistant to share responsibility for communication between the supervisor and the supervisee. The occupational therapist is responsible for the overall delivery of occupational therapy services and shall determine which occupational therapy services to delegate to the occupational therapy assistant or non-licensed personnel based on the establishment of service competence between supervisor and supervisee, and is accountable for the safety and effectiveness of the services provided.

(2) Supervision of an occupational therapy assistant by an occupational therapist shall be either close or general. The supervising occupational therapist shall have responsibility for the outcome of the performed service.

(3) When close supervision is required, the supervising occupational therapist shall have daily contact on the premises with the occupational therapy assistant. The occupational therapist shall provide direction in developing the plan of treatment and shall periodically inspect the actual implementation of the plan. The occupational therapist shall cosign evaluation contributions and intervention documents prepared by the occupational therapy assistant.

(4)

(ad) In this subsection, “direct contact” means face-to-face communication or communication by means of telephone, electronic communication, or group conference.

(ah) When general supervision is allowed, the supervising occupational therapist shall, except as provided under par. (ap), have direct contact with the occupational therapy assistant and face-to-face contact with the client by every tenth session of occupational therapy and no less than once per calendar month.

(ap) When general supervision is allowed, and occupational therapy services are provided to a client once per calendar month or less frequently than once per calendar month, the supervising occupational therapist shall have direct contact with the occupational therapy assistant and face-to-face contact with the client no less than every other session of occupational therapy.

(at) Direct contact with the occupational therapy assistant under pars. (ah) and (ap) shall include reviewing the progress and effectiveness of treatment, and may occur simultaneously or separately from face-to-face contact with the client.

(b) The occupational therapist shall record in writing a specific description of the supervisory activities undertaken for each occupational therapy assistant. The written record shall include client name, status and plan for each client discussed.

(5) Close supervision is required for all rehabilitation, neonate, early intervention, and school system services provided by an entry level occupational therapy assistant. All other occupational therapy services provided by an occupational therapy assistant may be performed under general supervision, if the supervising occupational therapist determines, under the facts of the individual situation, that general supervision is appropriate using established professional guidelines.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 08-050: am. (3), renum. (4) to be (4) (a) and am., cr. (4) (b) and (c) Register January 2009 No. 637, eff. 2-1-09; CR 19-108: renum.(4) (a) to (4) (ah) and am., cr. (4) (ap), (at), renum. (4) (c) to (4) (ad) and am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § OT 4.05 Supervision of non-licensed personnel and therapy aides {#sec-ot-4.05 omnilex-key=us-wi-regs-official--agency-ot--OT 4.05}

(1) An occupational therapist or occupational therapy assistant must provide direct supervision of non-licensed personnel at all times. Direct supervision requires that the supervising occupational therapist or occupational therapy assistant be available to assist, either on premises or through technology and equipment meeting the requirements of s. OT 6.03.

(2) When an occupational therapist or occupational therapy assistant delegates to non-licensed personnel maintenance or restorative services to clients, the occupational therapist or occupational therapy assistant must be within audible and visual range of the client and the non-licensed personnel, either on premises in the immediate area or through technology and equipment meeting the requirements of s. OT 6.03.

(3) An occupational therapist or occupational therapy assistant may delegate to non-licensed personnel only non-skilled, specific tasks which are neither evaluative, assessive, task selective nor recommending in nature, and only after ensuring that the non-licensed person has been appropriately trained for the performance of the task.

(4) Occupational therapists and occupational therapy assistants must exercise their professional judgment when determining the number of non-licensed persons they can safely and effectively supervise to ensure that quality care is provided at all times. A limit of 2 is recommended.

(5) Any duties assigned to non-licensed personnel must be determined and appropriately supervised by an occupational therapist or occupational therapy assistant and must not exceed the level of training, knowledge, skill and competence of the individual being supervised. The licensed occupational therapist or occupational therapy assistant is responsible for the acts or actions performed by any non-licensed person functioning in the occupational therapy setting.

(6) An occupational therapist or occupational therapy assistant may delegate to non-licensed personnel duties or functions, including the following services:

(a) Transportation of clients.

(b) Preparation or setting up of treatment equipment and work area.

(c) Attending to clients’ personal needs during treatment.

(d) Clerical, secretarial or administrative duties.

(7) Duties or functions that an occupational therapist or occupational therapy assistant may not delegate to non-licensed personnel include, but are not limited to, the following:

(a) Interpretation of referrals or orders for occupational therapy services.

(b) Evaluative procedures.

(c) Development, planning, adjusting or modification of treatment procedures.

(d) Acting on behalf of the occupational therapist or occupational therapy assistant in any matter related to direct client care which requires judgment or decision making.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 13-109: am. (6) (intro.), (7) (a) Register September 2014 No. 705, eff. 10-1-14; CR 21-033: am. (1), (2) Register July 2023 No. 811, eff. 8-1-23.

Chapter OT 5 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § OT 5.01 Authority and purpose {#sec-ot-5.01 omnilex-key=us-wi-regs-official--agency-ot--OT 5.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2) and 448.965, Stats., to establish the rules of conduct for occupational therapists and occupational therapy assistants.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § OT 5.02 Unprofessional conduct defined {#sec-ot-5.02 omnilex-key=us-wi-regs-official--agency-ot--OT 5.02}

“Unprofessional conduct” means doing, or aiding or abetting, any of the following:

(1) Violating or attempting to violate any provision or term of ss. 448.96 to 448.970, Stats., or of any rule of the board.

(2) Violating or attempting to violate any term, provision, or condition of any order of the board.

(3) Knowingly making or presenting or causing to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, or other item in connection with any application for license or compact privilege.

(4) Practicing fraud, forgery, deception, collusion, or conspiracy in connection with any examination for license or compact privilege.

(5) Giving, selling, buying, bartering, or attempting to give, sell, buy, or barter any license or compact privilege.

(6) Engaging or attempting to engage in practice under any license or compact privilege under any given name or surname other than that under which originally licensed, registered, or granted compact privilege to practice in this or any other state

(7) Any practice or conduct which may constitute a danger to the health, welfare, or safety of client or public.

(8) Practicing or attempting to practice under any license or compact privilege when unable to do so with reasonable skill and safety to clients.

(9) Practicing or attempting to practice under any license or compact privilege beyond the scope of that license or compact privilege.

(10) Offering, undertaking, or agreeing to treat or cure a disease or condition by a secret means, method, device, or instrumentality; or refusing to divulge to the board upon demand the means, method, device, or instrumentality used in the treatment of a disease or condition.

(11) Representing that a manifestly incurable disease or condition may be or will be permanently cured; or that a curable disease or condition can be cured within a stated time, if this is not the fact.

(12) Knowingly making any false statement, written or oral, in practicing under any license or compact privilege, with fraudulent intent; or obtaining or attempting to obtain any professional fee or compensation of any form by fraud or deceit.

(13) Willfully divulging a privileged communication or confidence entrusted by a client or deficiencies in the character of clients observed in the course of professional attendance, unless lawfully required to do so.

(14) Engaging in uninvited, in-person solicitation of actual or potential clients who, because of their particular circumstances, are vulnerable to undue influence; or engaging in false, misleading or deceptive advertising.

(15) Having a license, compact privilege, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice occupational therapy, which becomes limited, restricted, suspended, or revoked, or having been subject to other adverse action by the state licensing authority or by an agency of the federal government including the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct.

(16) Conviction of any crime the circumstances of which substantially relate to the circumstances of the practice of occupational therapy. A certified copy of a judgment of a court record showing such conviction, within this state or without, shall be presumptive evidence.

(17) Aiding or abetting the unlicensed practice of occupational therapy.

(18) Violating or aiding and abetting the violation of any law or administrative rule or regulation the circumstances of which substantially relate to the circumstances of the practice of occupational therapy.

(19) Failing to report to the board or to institutional supervisory personnel any violation of the rules of this chapter by a licensee.

(20) Engaging in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a client. For the purposes of this subsection, an adult receiving treatment shall continue to be a client for 2 years after the termination of professional services. If the person receiving treatment is a minor, the person shall continue to be a client for the purposes of this subsection for 2 years after termination of services, or for 2 years after the client reaches 18 years of age, whichever is longer.

History

• CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; CR 24-050: am. (3) to (6), (8), (9), (12), (15) Register July 2025 No. 835, eff. 8-1-25.

Chapter OT 6 TELEHEALTH

Wis. Admin. Code § OT 6.01 Authority and purpose {#sec-ot-6.01 omnilex-key=us-wi-regs-official--agency-ot--OT 6.01}

The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b) and 448.965 (1) (c) and (2), Stats., to establish standards of practice, care, and conduct for providing occupational therapy services using a telehealth visit.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 6.02 Definitions {#sec-ot-6.02 omnilex-key=us-wi-regs-official--agency-ot--OT 6.02}

As used in this chapter:

(1) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

(2) “Telehealth” has the meaning given in s. 440.01 (1) (hm), Stats.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 6.03 Technology and equipment {#sec-ot-6.03 omnilex-key=us-wi-regs-official--agency-ot--OT 6.03}

An occupational therapist or occupational therapy assistant who provides occupational therapy services using a telehealth visit shall utilize technology that enables the transmission of information via the technology that is of sufficient quality to be functionally equivalent to face-to-face contact. Technology that is not real-time may be utilized to prepare for an occupational therapy session or to communicate with a patient between occupational therapy sessions.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 6.04 Standards of practice, care, and conduct {#sec-ot-6.04 omnilex-key=us-wi-regs-official--agency-ot--OT 6.04}

(1) An occupational therapist or occupational therapy assistant shall be held to the same standards of practice, care, and professional conduct regardless of whether occupational therapy services are provided utilizing a telehealth visit or an in-person visit.

(2) A telehealth visit may not be utilized if the standard of care for the particular occupational therapy services provided cannot be met.

(3) Upon scheduling a telehealth visit, clear information shall be provided to the patient that the visit will be a telehealth visit.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 6.05 Wisconsin license required {#sec-ot-6.05 omnilex-key=us-wi-regs-official--agency-ot--OT 6.05}

An occupational therapist or occupational therapy assistant who uses a telehealth visit to provide occupational therapy services to a patient located in this state shall be licensed by the board.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § OT 6.06 Supervision {#sec-ot-6.06 omnilex-key=us-wi-regs-official--agency-ot--OT 6.06}

Supervision of an occupational therapy assistant or unlicensed personnel providing services to or assisting a client during a telehealth visit shall meet the requirements of s. OT 4.04 or 4.05, as appropriate.

History

• CR 21-033: cr. Register July 2023 No. 811, eff. 8-1-23.