OAR Chapter 339 — Occupational Therapy Licensing Board

chapter-339OAR Chapter 339Regulation

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Division 1 PROCEDURAL RULES

Or. Admin. R. 339-001-0000 Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any rule, the State Occupational Therapy Licensing Board shall give notice of proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Bulletin.

(2) By mailing a copy of the Notice to interested persons identified by the Board.

(3) By mailing a copy of the Notice to the following persons, organizations or publications:

(a) Associated Press;

(b) Occupational Therapy Association of Oregon;

(c) Oregon Board of Medical Examiners;

(d) Oregon Physical Therapy Licensing Board;

(e) Mental Health Association of Oregon;

(f ) Oregon Medical Association;

(g) Oregon Health Care Association;

(h) Active and lapsed licensees.

History

  • Statutory/Other Authority: ORS 183
  • Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
  • OTLB 1-2001, f. & cert. ef. 1-12-01
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1978, f. & ef. 6-12-78
Or. Admin. R. 339-001-0005 Model Rules of Practice and Procedure

The following Model Rules of Procedure promulgated by the Attorney General of the State of Oregon in effect January 1, 2008 are adopted by the Board by Reference. These rules apply to rulemaking and to the conduct of contested cases respectively:

(1) OAR 137-01-0005; 137-001-0007; 137-001-0008; 137-001-0009; 137-001-0011; 137-001-0018; 137-001-0030; 137-001-0040; 137-001-0050; 137-001-0060; 137-001-0070; 137-001-0080 and 137-001-0085.

(2) OAR 137-003-0501 to 137-003-0700.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Occupational Therapy Licensing Board.]

History

  • Statutory/Other Authority: ORS 183, 675.320(11), (13) & (14)
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
  • OTLB 1-2001, f. & cert. ef. 1-12-01
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 1-1986, f. & ef. 2-10-86
  • OTLB 1-1985, f. & ef. 1-8-85
  • OTLB 1-1982, f. & ef. 2-4-82
  • OTLB 1-1980, f. & ef. 3-12-80
  • OTLB 1-1978, f. & ef. 6-12-78
Or. Admin. R. 339-001-0006 Time for Requesting a Contested Case Hearing

A request for a contested case hearing must be in writing and must be received by the Board within thirty days from the date the contested case notice was served.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 183.341
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-001-0011 Filing Exceptions and Argument to the Board

After a proposed order has been served on a party, the Board shall notify the party when written exceptions must be filed to be considered by the Board, and the Board shall notify the party when the party may appear before the Board to present argument regarding the proposed order.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 183.341
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-001-0016 Petition for Reconsideration or Rehearing as Condition for Judicial Review

All parties, including limited parties, must file a petition for reconsideration or rehearing with the Board as a condition for obtaining judicial review of any order of the Board.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 183.341
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-001-0018 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(c) Mediation in which the only parties are public bodies;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.” [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation, or

(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Executive Officer or designee determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) Copy of Rule When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 36.224(4)
  • OTLB 1-2001, f. & cert. ef. 1-12-01

Division 5 FEE SCHEDULES

Or. Admin. R. 339-005-0000 Fees

Fees are non refundable. Two year licenses shall be issued to all licensees in even-numbered years at the fee schedule listed below. On a case-by-case basis the Board may approve the issuance of a one-year license.

(1) The fee for an initial Oregon or out of state occupational therapy license by endorsement is $160. The Board may also assess the actual cost of conducting a background check, including fingerprinting.

(2) The two-year renewal fee issued for the occupational therapy license is $240. The Board may also assess the actual cost to the Board of conducting workforce demographics surveys.

(3) The fee for an initial Oregon or out of state occupational therapy assistant license is $130. The Board may also assess the actual cost of conducting a background check, including fingerprinting.

(4) The two-year renewal fee for the occupational therapy assistant license is $160. The board may also assess the actual cost to the Board of conducting workforce demographics surveys.

(5) The fee for a limited permit is $25 and may not be renewed.

(6) The fee for a temporary Oregon occupational therapist license for military spouses and domestic partners is $99.

(7) The fee for a temporary Oregon occupational therapy assistant license for military spouses and domestic partners is $99.

(8) The fee for an occupational therapist or occupational therapy assistant verification of Oregon licensure is $25.

(9) The fee for an occupational therapist and/or occupational therapy assistant electronic mailing list is $100.

(10) The fee for the criminal conviction determination process is $100.

History

  • Statutory/Other Authority: ORS 675.320(6)
  • Statutes/Other Implemented: ORS 675.320(6)
  • OTLB 1-2026, amend filed 02/12/2026, effective 02/12/2026
  • OTLB 3-2023, amend filed 06/05/2023, effective 07/01/2023
  • OTLB 5-2021, amend filed 05/10/2021, effective 07/01/2021
  • OTLB 8-2020, amend filed 11/12/2020, effective 11/12/2020
  • OTLB 2-2020, temporary amend filed 04/02/2020, effective 04/08/2020 through 07/01/2020
  • OTLB 1-2020, amend filed 01/08/2020, effective 01/08/2020
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
  • OTLB 1-2010, f. 1-5-10, cert. ef. 3-1-10
  • OTLB 1-2007, f. & cert. ef. 8-1-07
  • OTLB 1-2004, f. & cert. ef. 6-3-04
  • OTLB 1-1995, f. 2-15-95, cert. ef. 4-1-95
  • OTLB 1-1990, f. & cert. ef. 3-20-90
  • OTLB 1-1989(Temp), f. 9-14-89, cert. ef. 10-3-89

Division 10 IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT

Or. Admin. R. 339-010-0005 Definitions

(1) "Supervision," is a process in which two or more people participate in a joint effort to promote, establish, maintain and/or evaluate a level of performance. The occupational therapist is responsible for the practice outcomes and documentation to accomplish the goals and objectives. Levels of supervision:

(a) "Close supervision" requires daily, direct contact in person at the work site;

(b) "Routine supervision" requires the supervisor to have direct contact in person at least every two weeks at the work site or via telehealth as defined in OAR 339-010-0006(9) with interim supervision occurring by other methods, such as telephone or written communication;

(c) "General supervision" requires the supervisor to have at least monthly direct contact in person with the supervisee at the work site or via telehealth as defined in OAR 339-010-0006(9) with supervision available as needed by other methods.

(2) "Leisure," as it is used in ORS 675.210(3) means occupational behavior that is developed as part of an individual occupational therapy evaluation and treatment process. This process is goal oriented toward the maximum health of the patient by the interaction of self-care, work and leisure, and is not used as an isolated recreation activity. The use in this way does not include leisure activities as used by therapeutic recreation specialists.

(3) "Licensed occupational therapy practitioner," for purposes of these rules, means an individual who holds a current occupational therapist or occupational therapy assistant license.

(4) "Occupational therapy aide," as it is used in OAR 339-010-0055, means an unlicensed worker who is assigned by the licensed occupational therapy practitioner to perform selected tasks.

(5) "Mentorship," as it is used in these rules, is a collaborative experience of direct contact between currently licensed occupational therapy practitioners for the purpose of updating professional skills. Mentorship may include, but is not limited to, mentee observation of the mentor's practice, classroom work, case review and discussion, and review and discussion of professional literature.

(6) "Occupational Therapy" further defines scope of practice as meaning the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for the purpose of promoting health and wellness and to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life:

(a) Occupational Therapists use selected methods or strategies to direct the process of interventions such as:

(A) Establish, remediate or restore skill or ability that has not yet developed or is impaired;

(B) Compensate, modify, or adapt activity or environment to enhance performance;

(C) Maintain and enhance capabilities without which performance in everyday life activities would decline;

(D) Promote health and wellness to enable or enhance performance in everyday life activities;

(E) Prevent barriers to performance, including disability prevention.

(b) Occupational Therapists evaluate factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including:

(A) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinary systems);

(B) Habits, routines, roles and behavior patterns;

(C) Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance;

(D) Performance skills, including motor, process, and communication/interaction skills.

(c) Occupational Therapists use the following interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including

(A) Therapeutic use of occupations, exercise, and activities;

(B) Training in self-care, self-management, home management and community/work reintegration;

(C) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavior skills;

(D) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process;

(E) Education and training of individuals, including family members, caregivers, and others;

(F) Care coordination, case management, and transition services;

(G) Consultative services to groups, programs, organizations, or communications;

(H) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles;

(I) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devise, and orthotic devices, and training in the use of prosthetic devices;

(J) Assessment, recommendation, and training in techniques to enhance functional mobility, including wheelchair management;

(K) Driver rehabilitation and community mobility;

(L) Management of feeding, eating, and swallowing to enable eating and feeding performance;

(M) Application of physical agent modalities, and use of a range of specific therapeutic procedures (such as wound care management; techniques to enhance sensory, perceptual, and cognitive processing, manual therapy techniques) to enhance performance skills as they relate to occupational therapy services.

History

  • Statutory/Other Authority: ORS 675.320(11), (13) & (14)
  • Statutes/Other Implemented: ORS 675.210(4) & 675.320(13)
  • OTLB 1-2024, amend filed 07/22/2024, effective 07/22/2024
  • OTLB 10-2021, minor correction filed 08/12/2021, effective 08/12/2021
  • OTLB 1-2019, minor correction filed 08/27/2019, effective 08/27/2019
  • OTLB 4-2017, f. & cert. ef. 3-13-17
  • OTLB 2-2017, f. & cert. ef. 2-15-17
  • OTLB 3-2016, f. & cert. ef. 10-28-16
  • OTLB 1-2007, f. & cert. ef. 8-1-07
  • OTLB 1-2005, f. & cert. ef. 8-11-05
  • OTLB 2-2003, f. & cert. ef. 9-11-03
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1996, f. & cert. ef. 4-16-96
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 1-1988, f. & cert. ef. 1-29-88
  • OTLB 1-1979, f. & ef. 6-7-79
Or. Admin. R. 339-010-0006 Standards of Practice for Telehealth

(1) "Telehealth" is defined as the use of interactive audio and video, in real time telecommunication technology or store-and-forward technology, to deliver health care services when the occupational therapy practitioner and patient/client are not at the same physical location. Its uses include diagnosis, consultation, treatment, prevention, transfer of health or medical data, and continuing education.

(2) Telehealth is considered the same as Telepractice for occupational therapy practitioners working in education settings; and Teletherapy and Telerehab in other settings.

(3) In order to provide occupational therapy services via telehealth to a patient/client in Oregon, the occupational therapy practitioner providing services to a patient/client must have a valid and current license issued by the Oregon OT Licensing Board. Oregon licensed occupational therapy practitioners using telehealth technology with a patient/client in another state may also be required to be licensed in the state in which the patient/client receives those services and must adhere to those state licensure laws.

(4) Prior to initiation of occupational therapy services, an occupational therapy practitioner shall obtain informed consent of the delivery of service via telehealth from the patient/client. The consent may be verbal, written or recorded and must be documented in the patient or client’s permanent health or education record.

(5) When providing telehealth services, an occupational therapy practitioner shall have procedures in place to address remote medical or clinical emergencies at the patient’s location.

(6) Occupational therapy practitioners shall secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law.

(7) In making the determination whether an in-person evaluation or intervention are necessary, an occupational therapist shall consider at a minimum:

(a) The complexity of the patient's/client's condition;

(b) His or her own knowledge skills and abilities;

(c) The patient's/client's context and environment;

(d) The nature and complexity of the intervention;

(e) The pragmatic requirements of the practice setting; and

(f) The capacity and quality of the technological interface.

(8) Occupational therapy practitioners providing occupational therapy services via telehealth must:

(a) Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of delivery of occupational therapy services;

(b) Provide services consistent the AOTA Code of Ethics and Ethical Standards of Practice; and comply with provisions of the Occupational Therapy Practice Act and its regulations.

(9) Supervision of Occupational Therapy Assistants under 339-010-0035 for routine and general supervision, can be done through telehealth, but cannot be done when close supervision as defined in 339-010-0005 is required. The same considerations in (7)(A) through (F) must be considered in determining whether telehealth should be used.

(10) An occupational therapy practitioner who is supervising a fieldwork student must follow the ACOTE standards and other accreditation requirements.

(11) Failure to comply with these regulations shall be considered unprofessional conduct under OAR 339-010-0020.

History

  • Statutory/Other Authority: ORS 675.320(8)
  • Statutes/Other Implemented: ORS 675.320
  • OTLB 7-2021, amend filed 08/09/2021, effective 08/09/2021
  • OTLB 7-2020, amend filed 11/12/2020, effective 11/12/2020
  • OTLB 2-2019, minor correction filed 08/27/2019, effective 08/27/2019
  • OTLB 1-2018, amend filed 11/07/2018, effective 11/07/2018
  • OTLB 2-2015, f. & cert. ef. 3-27-15
  • OTLB 2-2014, f. & cert. ef. 11-20-14
Or. Admin. R. 339-010-0007 Occupational Therapy in Mental Health and Behavioral Health Practice

Pursuant to ORS 675.210 defining the practice of Occupational Therapy, occupational therapists and occupational therapy assistants, use analysis and purposeful activity with individuals across their lifespan who are limited by psycho-social dysfunctions, or mental or behavioral disabilities.

(1) Occupational therapists address barriers to optimal functioning at the all levels with:

(a) Individuals (body functions, cognitive functions, values, beliefs, spirituality, motor skills, cognitive skills, and social skills);

(b) Groups (collective individuals, e.g. families, workers, students, or community); and

(c) Populations (collective groups of individuals living in a similar locale, e.g., city, state, or country residents, people sharing same or like concerns).

(2) Occupational therapy practitioners perform evaluations and interventions that focus on enhancing existing skills, creating opportunities, promoting wellness, remediating or restoring skills, modifying or adapting the environment or activity, and preventing relapse.

(3) Occupational therapists and Occupational therapy assistants use a recovery model to increase the ability of individuals, groups, and populations to be engaged with daily life activities that are meaningful; lead to productive daily roles, habits, and routines; and promote living as independently as possible.

(4) Services for individuals with mental illness are client centered and may be provided to individuals in the community, hospitals, correctional institutions, homes, schools or other educational programs, workplace, or any other setting.

(5) Occupational therapists may provide behavioral and mental health preliminary “diagnosis” using standard terminology and taxonomy such as DSM or ICD, through observation of symptoms and mental health assessment, confirmed by prescribing physician and health care team.

History

  • Statutory/Other Authority: ORS 675.320(8)
  • Statutes/Other Implemented: ORS 675.320
  • OTLB 1-2014, f. & cert. ef. 10-9-14
Or. Admin. R. 339-010-0010 Recognition of Education Programs

(1) Pursuant to ORS 675.240(1), the Board recognizes educational programs for occupational therapists currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference. [Exhibit not included. See ED. NOTE.]

(2) Pursuant to ORS 675.250(2), the Board recognizes educational programs for occupational therapy assistants currently accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), and listed on Exhibit 1, attached to this rule and incorporated by reference. [Exhibit not included. See ED. NOTE.]

[ED. NOTE: Exhibits referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
  • OTLB 1-2001, f. & cert. ef. 1-12-01
  • OTLB 1-1994, f. & cert. ef. 1-24-94
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 1-1988, f. & cert. ef. 1-29-88
  • OTLB 1-1979, f. & ef. 6-7-79
Or. Admin. R. 339-010-0012 Background Checks and Fingerprinting Requirements

The Board may require Oregon or National criminal history checks, including fingerprints or other background checks such as the Law Enforcement Data System (LEDS), from any applicants for a license as an occupational therapist or occupational therapy assistant, a limited permit, or an applicant to reinstate a lapsed license. The fingerprints shall be provided in a format prescribed by the Board. The Board will provide information on where acceptable fingerprints may be obtained and what acceptable procedure is to be used for submitting them. The Board will use the fingerprints to conduct Criminal History Checks. When applicable, fingerprint cards will be destroyed as required by law. The Board may conduct a criminal record check on licensees applying to renew a license using the Law Enforcement Data System (LEDS) maintained by the Department of State Police.

History

  • Statutory/Other Authority: OAR 339-005-0000, ORS 675.320 & ORS 676.303
  • Statutes/Other Implemented: ORS 676.303
  • OTLB 3-2020, temporary amend filed 04/02/2020, effective 04/08/2020 through 08/31/2020
  • OTLB 6-2017, amend filed 11/16/2017, effective 11/16/2017
  • OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
Or. Admin. R. 339-010-0013 Law Ethics Exam Requirement

Applicants for licensure for an Oregon Occupational Therapy license shall be required to take and successfully pass an Oregon Law/ethics examination with a passing score set by the board.

History

  • Statutory/Other Authority: ORS 675.320 & 675.230
  • OTLB 1-2012, f. 7-3-12, cert. ef. 9-1-12
Or. Admin. R. 339-010-0015 License Examinations Approved by the Board

(1) Pursuant to ORS 675.240(1)(b) and (2), the Board adopts the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapist.

(2) Pursuant to ORS 675.250(3), the Board approves the current certification examination and passing score of the National Board For Certification in Occupational Therapy as the examination to determine the fitness of applicants for practice as an occupational therapy assistant.

History

  • Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
  • Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1994, f. & cert. ef. 1-24-94
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 1-1988, f. & cert. ef. 1-29-88
  • OTLB 2-1986, f. & ef. 6-27-86
  • OTLB 1-1979, f. & ef. 6-7-79
Or. Admin. R. 339-010-0016 CE Requirements for Applicants for Licensure

(1) All applicants for licensure will either be current on their NBCOT certification (National Board of Certification in Occupational Therapy) or will need 30 points of Board approved continuing education two years prior to becoming licensed in Oregon.

(2) All applicants for licensure who have passed the NBCOT certification examination more than a one year ago and have been unlicensed for more than three years will:

(a) Successfully complete a Board approved Re-Entry Program specifically designed for occupational therapists preparing them for re-entry into the field of occupational therapy; or

(b) Successfully retake and pass the NBCOT examination within the previous year.

(3) All applicants for licensure must complete the Oregon Pain Management Commission’s pain management course prior to issuance of licensure. Evidence of completion must be provided in a manner prescribed by the board.

(4) The Board has the discretion to waive requirement for license application requirements.

History

  • Statutory/Other Authority: ORS 675.320(10) & ORS 675.320(11)
  • Statutes/Other Implemented: ORS 675.320(11)
  • OTLB 2-2022, amend filed 01/10/2022, effective 01/10/2022
  • OTLB 5-2017, amend filed 11/16/2017, effective 11/17/2017
  • OTLB 1-2005, f. & cert. ef. 8-11-05
Or. Admin. R. 339-010-0018 Name, Address and Telephone Number of Record

(1) Every applicant, licensee and limited permit holder shall keep on file with the Board their:

(a) Legal name;

(b) Home address which must include a residential address and may also include a post office box number;

(c) A current contact telephone number and electronic mail address, if available;

(d) The name, address and telephone number of their current employer or place of business;

(e) A current designated mailing address.

(2) Whenever an applicant, licensee or limited permit holder legally changes their name, they shall notify the Board in writing within 30 days of the name change and provide the legal documentation of the name change.

(3) Whenever an applicant, licensee or limited permit holder changes their home address, their employer or place of business, their contact telephone number, electronic mail address or their mailing address, they shall notify the Board in writing within 30 days. Written notification may be by regular mail, electronic mail, facsimile or through online submission.

(4) Unless requested for a public health or state health planning purpose or unless extenuating circumstances exist, the Board will withhold the personal electronic mail, address, home address, and personal telephone number of a licensee.

History

  • Statutory/Other Authority: OAR 339-005-0000 & ORS 675.320
  • OTLB 3-2022, amend filed 11/07/2022, effective 11/07/2022
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
Or. Admin. R. 339-010-0020 Unprofessional Conduct

(1) Unprofessional conduct relating to patient/client safety, integrity and welfare includes:

(a) Intentionally harassing, abusing, or intimidating a patient/client, either physically or verbally;

(b) Intentionally divulging, without patient/client consent, any information gained in the patient relationship other than what is required by staff or team for treatment;

(c) Engaging in assault and/or battery of patient/client;

(d) Failing to respect the dignity and rights of patient/client, regardless of social or economic status, personal attributes or nature of health problems;

(e) Engaging in sexual improprieties or sexual contact with patient/client;

(f) Offering to refer or referring a patient/client to a third person for the purpose of receiving a fee or other consideration from the third person or receiving a fee from a third person for offering to refer or referring a patient/client to a third person;

(g) Taking property of patient/client without consent.

(h) Failing to follow principles and related standards of conduct as defined in the Occupational Therapy Code of Ethics (2025), by the American Occupational Therapy Association, to the extent they do not conflict with ORS 675.210 through 675.340.

(2) Unprofessional conduct relating to professional competency includes:

(a) Engaging in any professional activities for which licensee is not currently qualified;

(b) Failing to maintain competency;

(c) Failing to provide a comprehensive service that is compatible with current research and within an ethical and professional framework;

(d) Failing to obtain a physician's referral in situations where an OT is using a modality not specifically defined in ORS 675.210(3);

(e) Failing to provide professional occupational therapy based on evaluation of patient's/client's needs and appropriate treatment procedures;

(f) Using an occupational therapy aide in violation of the law or Board rules regarding occupational therapy.

(3) Unprofessional conduct relating to the Board includes:

(a) Practicing occupational therapy without a current Oregon license;

(b) Failing to renew license in a timely manner;

(c) Failing to provide the Board with any documents requested by the Board;

(d) Failing to answer truthfully and completely any question asked by the Board;

(e) Failing to provide evidence of competency when requested;

(f) Violating the Practice Act, Board rules or Board Orders;

(g) Failing to cooperate with Board investigations.

(4) Unprofessional conduct relating to impaired function includes:

(a) Engaging in or assisting in the practice of occupational therapy while impaired by alcohol or other drugs;

(b) Use of alcohol or other drugs in a manner that creates a risk of harm to patient/client;

(c) Engaging in the practice of occupational therapy while one's ability to practice is impaired by reason of physical or mental disability or disease.

(5) Unprofessional conduct relating to federal or state law or rules:

(a) Intentionally making or filing a false or misleading report or failing to file a report when it is required by law or third person or intentionally obstructing or attempting to obstruct another person from filing such report;

(b) Obtaining or attempting to obtain compensation by misrepresentation;

(c) Engaging in assault and/or battery of any person;

(d) Conviction of a crime or engaging in any act which the Board determines substantially relates to the practice of occupational therapy or indicates an inability to safely and proficiently engage in the practice of occupational therapy; or failing to notify the Board within 10 working days of a conviction of a misdemeanor, or an arrest for or conviction of a felony;

(e) Disciplinary actions imposed by another professional licensing body based on acts by the licensee similar to acts giving rise to discipline under the Practice Act or rules of the Board;

(f) Engaging in false, misleading or deceptive advertising.

(g) Fails to notify the appropriate licensing board of any conduct by another licensed medical provider when the licensee has reasonable cause to believe that the medical provider has engaged in prohibited or unprofessional conduct. As used in this subparagraph, “prohibited conduct” means a criminal act against a patient or a criminal act that creates a risk of harm to a patient and “unprofessional conduct” means conduct unbecoming a medical provider or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the medical provider’s profession or conduct that endangers the health, safety or welfare of a patient.

(h) Fails to notify the Board of a change in the licensee's name, address, contact telephone number or place of employment or business as required by OAR 339-010-0018.

(i) Purporting to be a licensee or permittee when the person does not hold a valid license or permit.

(6) Unprofessional Conduct in a Declared Emergency:

(a) Unprofessional conduct during a declared emergency includes failing to comply with any applicable requirement of a Governor’s Executive Orders, including but not limited to:

(A) Providing occupational therapy services when permitted, but without wearing Personal Protective Equipment (PPE) when PPE is required;

(B) Providing occupational therapy services at a business required to be closed;

(b) Unprofessional conduct during a declared emergency includes failing to comply with applicable Oregon Health Authority (OHA) guidance implementing a Governor’s Executive Orders, including but not limited to failing to follow guidance on providing occupational therapy services in person.

(c) No disciplinary action or penalty action shall be taken under this section if the Executive Order provision or OHA guidance alleged to have been violated is not in effect at the time of the alleged violation.

History

  • Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
  • Statutes/Other Implemented: ORS 675.300(1)(a)
  • OTLB 4-2026, amend filed 05/05/2026, effective 05/05/2026
  • OTLB 4-2023, amend filed 11/01/2023, effective 11/01/2023
  • OTLB 3-2022, amend filed 11/07/2022, effective 11/07/2022
  • OTLB 11-2021, temporary amend filed 11/12/2021, effective 11/12/2021 through 05/10/2022
  • OTLB 6-2021, amend filed 05/10/2021, effective 05/10/2021
  • OTLB 5-2020, temporary amend filed 08/12/2020, effective 08/12/2020 through 02/05/2021
  • OTLB 7-2017, amend filed 11/16/2017, effective 11/17/2017
  • OTLB 3-2017, f. & cert. ef. 2-16-17
  • OTLB 1-2017, f. & cert. ef. 1-27-17
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
  • OTLB 1-2001, f. & cert. ef. 1-12-01
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1996, f. & cert. ef. 4-16-96
  • OTLB 1-1994, f. & cert. ef. 1-24-94
  • OTLB 1-1988, f. & cert. ef. 1-29-88
  • OTLB 1-1979, f. & ef. 6-7-79
Or. Admin. R. 339-010-0021 Imposition of Civil Penalties

(1) Imposition of a civil penalty does not preclude disciplinary sanction against the occupational therapist’s/occupational therapy assistant’s license. Disciplinary sanction against the occupational therapist’s/occupational assistant/s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense.

(2) The civil penalty shall be payable to the Board by credit card, cashier’s check or money order.

(3) Civil penalties may be imposed according to the following schedule or as otherwise determined by the Board:

(a) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit due to nonpayment of fees, $250 per month;

(b) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit, not related to nonpayment of fee, $1,000;

(c) Unprofessional conduct by a licensee or limited permittee, $1,000;

(d) Violation of ORS 675.210 to 675.340 or any rule of the Board unless otherwise provided in this schedule, $1,000;

(e) Gross negligence in the practice of occupational therapy, $1,000;

(f) Employing an individual to practice occupational therapy when the individual does not have a current, valid Oregon license or permit, $1,000 per day;

(g) Knowingly making a false statement to the Board, $1,000;

(h) Practicing occupational therapy outside the scope for which the license or permit is issued, $1,000;

(i) Obtaining or attempting to obtain a license or permit or a renewal of a license or permit by bribery or misrepresentation, $1,000;

(j) Purporting to be a licensee or permittee when the person does not hold a valid license or permit, $1,000;

(k) Practicing occupational therapy under a false or assumed name, $500;

(l) Conviction of a crime where such crime bears a demonstrable relationship to the practice of occupational therapy, $1,000;

(m) Undertaking to act as an occupational therapy assistant independently of the supervision of an occupational therapist licensed by the Oregon Occupational Therapy Licensing Board, $500.

(4) The Board shall report to the National Board for Certification in Occupational Therapy all cases of disciplined licensees.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 675.336 & 675.337
  • OTLB 1-2025, amend filed 05/30/2025, effective 05/30/2025
  • OTLB 8-2021, amend filed 08/09/2021, effective 08/09/2021
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-010-0022 Aggravation and Mitigation

After misconduct has been established, aggravating and mitigating circumstances may be considered in deciding what sanction to impose. The following factors will be considered in determining the dollar amount to include, but not limited to:

(1) Intent;

(2) Damage and injury to client;

(3) Potential danger to public health, safety and welfare;

(4) Severity and duration of the incident;

(5) Prior disciplinary offenses;

(6) A pattern of misconduct;

(7) Multiple offenses;

(8) Full and free disclosure to disciplinary board or cooperative attitude toward proceeding;

(9) Refusal to acknowledge wrongful nature of conduct;

(10) Timely good faith effort to make restitution or to rectify consequences of misconduct;

(11) Economic impact on the person being sanctioned;

(12) Physical or mental disability or impairment;

(13) Interim rehabilitation;

(14) Imposition of other penalties or sanctions.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 183.090 & 675.337
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-010-0023 License Renewals

Each applicant for license renewal shall submit to the Board on or before May 31 of each even numbered year, a completed license renewal application and appropriate renewal fee. The renewal fees are non-refundable.

History

  • Statutory/Other Authority: ORS 675.320(10)(11)
  • Statutes/Other Implemented: ORS 675.336 & 675.337
  • OTLB 3-2021, amend filed 03/04/2021, effective 03/04/2021
  • OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
  • OTLB 1-2004, f. & cert. ef. 6-3-04
  • OTLB 1-2001, f. & cert. ef. 1-12-01
Or. Admin. R. 339-010-0030 Supervised Field Work

For purposes of ORS 675.240(1) and 675.250(4), applicants who have successfully completed training and experience in the practice of occupational therapy as part of a planned program of study in an occupational therapist or occupational therapy assistant educational program approved by the Board shall be considered to have received supervised field work.

History

  • Statutory/Other Authority: ORS 675.320(10)
  • Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 2-1986, f. & ef. 6-27-86
Or. Admin. R. 339-010-0035 Supervision of an Occupational Therapy Assistant

(1) Any person who is licensed as an occupational therapy assistant may assist in the practice of occupational therapy only under the supervision of a licensed occupational therapist.

(2) Before an occupational therapy assistant assists in the practice of occupational therapy:

(a) The occupational therapy assistant must log into their online license portal with the board and record the name of the licensed occupational therapist who will supervise them, the site where supervision will take place and the supervision start date.

(b) The licensed occupational therapist whose name is recorded in the online license portal with the board must log into their online license portal and confirm their supervision of the occupational therapy assistant by updating the approval status to “approved”.

(3) An occupational therapy assistant always requires at least general supervision.

(4) The supervising occupational therapist shall provide closer supervision where professionally appropriate.

(5) The supervisor, in collaboration with the supervisee, is responsible for setting and evaluating the standard of work performed.

History

  • Statutory/Other Authority: ORS 675.320(11), (13) & (14)
  • Statutes/Other Implemented: ORS 675.210(4)
  • OTLB 1-2021, amend filed 03/04/2021, effective 03/04/2021
  • OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1996, f. & cert. ef. 4-16-96
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 2-1986, f. & ef. 6-27-86
Or. Admin. R. 339-010-0040 Limited Permit

(1) A “limited permit” is a temporary license to practice as an occupational therapist or occupational therapy assistant for a specified period of time and may be issued to applicants who meet the requirements of this rule.

(2) Students who have successfully completed the educational and field work requirements and students who receive their eligibility to take the NBCOT certification examination, but do not yet have their test results, may apply for a limited permit to practice occupational therapy for a period of 90 calendar days.

(3) Persons practicing occupational therapy in another country who are graduates of a World Federation of Occupational Therapists’ approved school and who receive their eligibility to take the NBCOT certification examination, but do not yet have their test results, may apply for a limited permit to practice occupational therapy for a period of 90 calendar days.

(4) Anyone practicing occupational therapy under limited permit may only practice under at least routine supervision (as defined in OAR 339-010-0005(1)(b)) by an Oregon licensed occupational therapist.

(5) Applicants under sections (2) and (3) of this rule:

(a) Shall submit an application in a manner provided by the Board with payment of a permit fee of $25;

(b) Must submit an official transcript and/or other verification of having successfully completed academic and supervised field work requirements as set forth in ORS 675.240 and 675.250;

(c) Must show evidence of being approved to take the NBCOT certification examination;

(d) Must have on file with the board prior to starting work, the licensed occupational therapist who will supervisor the limited permit holder. “On file with the board” means that the licensed occupational therapist supervisor’s name, site of supervision and supervision start date has been entered into the licensees record in the License Portal and entered into approved status by the supervising occupational therapist.

(6) A limited permit may not be issued to applicants who have taken and failed the certification examination, and limited permits may not be renewed.

(7) A person who fails the exam must immediately surrender the limited permit upon receipt of examination scores.

(8) The Board may grant an extension of a limited permit to persons who, because of extenuating circumstances, are unable to take the scheduled certification examination. Request must be made in writing to the Board.

(9) An occupational therapist working under a limited permit must clearly identify themselves as working under a limited permit by using the designation OT/LP.

(10) An occupational therapy assistant working under a limited permit must clearly identify themselves as working under a limited permit by using the designation OTA/LP.

History

  • Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
  • Statutes/Other Implemented: ORS 675.320(13)
  • OTLB 5-2023, amend filed 11/01/2023, effective 11/01/2023
  • OTLB 2-2021, amend filed 03/04/2021, effective 03/04/2021
  • OTLB 1-2006, f. & cert. ef. 12-28-06
  • OTLB 1-1996, f. & cert. ef. 4-16-96
  • OTLB 2-1990, f. & cert. ef. 12-20-90
  • OTLB 1-1988, f. & cert. ef. 1-29-88
Or. Admin. R. 339-010-0045 Application for Temporary License by Military Spouse or Domestic Partner

(1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is stationed in Oregon.

(2) A qualifying military spouse or domestic partner shall be granted a temporary, non-renewable license as an Occupational Therapist or Occupational Therapy Assistant, valid until the earliest of the following:

(a) Two years from issuance;

(b) The date the spouse or domestic partner of the temporary license holder completes his or her term of military service in Oregon; or

(c) The date the temporary license holder’s license to practice as an occupational therapist or occupational therapy assistant in another state, used to qualify for licensure under this rule, expires.

(3) To qualify for licensure as an Occupational Therapist under this rule, the military spouse or domestic partner must:

(a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(b) Be licensed to practice as an Occupational Therapist in another state or territory of the United States;

(c) Be in good standing in the jurisdiction where the applicant is licensed. Good standing for the purposes of this rule means there have been no public disciplinary orders issued against the applicant in his or her capacity as an occupational therapist in the state where the applicant is licensed, and that the applicant is not currently under investigation by his or her licensing body in that state. The applicant may establish that his or her occupational therapist license is in good standing by providing verification of good standing from the state body that issued the license.

(d) Demonstrate competency by:

(A) Documenting at least one year of active practice within the last three years as an Occupational Therapist; and

(B) Having received no professional discipline in any state or territory of the United States related to professional negligence or incompetence as an occupational therapist, or for alcohol or drug related issued, verified through the National Practitioner Data Bank.

(4) In addition to the documents required in Section (3) of this rule, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or Domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States, and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(5) To qualify for licensure as an Occupational Therapy Assistant under this rule, the military spouse or domestic partner must:

(a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order;

(b) Be licensed to practice as an Occupational Therapy Assistant in another state or territory of the United States;

(c) Be in good standing in the jurisdiction where the applicant is licensed. Good standing for the purposes of this rule means there have been no public disciplinary orders issued against the applicant in his or her capacity as an occupational therapy assistant in the state where the applicant is licensed, and that the applicant is not currently under investigation by his or her licensing body in that state. The applicant may establish that his or her occupational therapy assistant license is in good standing by providing verification of good standing from the state body that issued the license.

(d) Demonstrate competency by:

(A) Documenting at least one year of active practice within the last three years as an Occupational Therapy Assistant; and

(B) Having received no professional discipline in any state or territory of the United States related to professional negligence or incompetence as an occupational therapy assistant, or for alcohol or drug related issued, verified through the National Practitioner Data Bank.

(6) In addition to the documents required in Section (5) of this rule, the military spouse or domestic partner must submit a copy of the:

(a) Marriage certificate or Domestic partnership registration with the name of the applicant and the name of the active duty member of the Armed Forces of the United States, and

(b) Assignment to a duty station located in Oregon by official active duty military order for the spouse or domestic partner named in the marriage certificate or domestic partnership registration.

(c) A current Statement of Supervision form as stated in 339-010-0035, submitted prior to assisting in the practice of occupational therapy.

History

  • Statutory/Other Authority: ORS 675.320, Oregon Laws 2019, chapter 142 (HB 3030) & Oregon Laws 2019, chapter 626 (SB688)
  • OTLB 1-2020, adopt filed 01/08/2020, effective 01/08/2020
Or. Admin. R. 339-010-0047 Servicemember, Spouse or Domestic Partner SCRA Practice Permit

(1)If a servicemember or the spouse or domestic partner of a servicemember has a covered license as defined in section (3) of this rule and relocates residence because such servicemember receives military orders for military service in Oregon, such covered license shall be considered valid for the scope of practice in Oregon if such servicemember, or the spouse or domestic partner submits to the Oregon Occupational Therapy Board an application described in section (2).

(2) An application described in this subsection includes the following:

(a) Proof of military orders in Oregon described in section (1).

(b) If the applicant is the spouse or domestic partner of a servicemember, a copy of the marriage certificate.

(c) Fingerprints submitted in a format prescribed by the board for the purposes of a background check.

(d) A notarized affidavit affirming, under the penalty of law, that:

(A) the applicant is the person described and identified in the application;

(B) all statements made in the application are true and correct and complete;

(C) the applicant has read and understands the requirements to receive a license, and the scope of practice, in Oregon;

(D) the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C);

(E) the applicant is in good standing in all States in which the applicant holds or has held a license; and

(F) the applicant holds a covered license as defined in section (3).

(3)The term "covered license" means a professional license that, with respect to a scope of practice, that:

(a) is in good standing with the licensing authority that issued such license;

(b) has not been revoked or had discipline imposed by any State;

(c) does not have an investigation relating to unprofessional conduct pending in any State relating to it; and

(d) has not been voluntarily surrendered while under investigation for unprofessional conduct in any State.

(4) A person qualified for authorization to practice under this rule is not required to apply under this rule and may apply for any other applicable form of licensure for which they qualify, including the temporary license for military spouse or domestic partner under OAR 339-010-0045.

(5) A permit issued under this rule is valid for the duration of the military orders and will expire based on the date of the military orders as long as the covered license is maintained active and in good standing. A person authorized to practice under this rule is responsible for providing the Board the military orders ending military service in Oregon.

History

  • Statutory/Other Authority: ORS 675.320
  • Statutes/Other Implemented: ORS 676.303(3) & 50 USC §4025a
  • OTLB 3-2026, minor correction filed 02/12/2026, effective 02/12/2026
  • OTLB 2-2026, adopt filed 02/12/2026, effective 02/12/2026
Or. Admin. R. 339-010-0050 Occupational Therapy Services for Children and Youth in Education and Early Childhood Programs regulated by federal laws

(1) Definitions: This rule applies to all occupational therapy practitioners who include both occupational therapists and occupational therapy assistants as defined in OAR 339-010-0005. All other rules regarding Occupational Therapy practitioners apply notwithstanding what is found in these rules as they apply to practitioners in the education setting.

(a) “Children and youth” refers to a child or student determined to be eligible for services under IDEA or Section 504. Part B under IDEA describes requirements for the provision of special education services for preschool and school-age children and youth, ages 3 through 21 years. Part C, or the early intervention program, focuses on services for infants and toddlers with disabilities and their families. Section 504 and the Americans With Disabilities Act (ADA 1990) define a person with a disability as “any person who has a physical or mental impairment that substantially limits one or more major life activities…” and require a public school system to provide needed accommodations or services.

(b) “Service plans” document the program of services and supports necessary to meet a child’s developmental or educational needs under the IDEA. These specify the need for occupational therapy services and include: the individualized family services plan (IFSP) for infants, toddlers and preschoolers; the individualized education plan (IEP) or a Section 504 Plan for school-age youth.

(c) “Educational or developmental goals” are developed collaboratively by a multi-disciplinary early intervention or educational team, which includes an occupational therapist as a related service provider, when areas of occupational performance have been identified.

(d) “Natural environment” refers to the most appropriate setting for the child to develop the skills needed for occupational performance.

(e) “Educational environments” refers to home; community; day care; preschool, or the general and special education settings.

(f) “Evaluation” is the process of gathering information to make decisions about a student’s or child’s strengths and educational or developmental needs.

(g) “Assessments” are the specific methods or measures used to gather data for the evaluation.

(2) The Occupational Therapy Process:

(a) Evaluation: The occupational therapist is responsible for the occupational therapy evaluation.

(A) The occupational therapist selects assessment methods that focus on identifying factors that act as supports or barriers to engagement in occupations. The initial occupational therapy evaluation should include analysis of the child’s ability to access the natural or educational environment for learning.

(B) The occupational therapist must participate in decisions about the need for occupational therapy services, development of functional, measurable goals and determining which educational or developmental goals occupational therapy will support.

(C) The occupational therapist determines the types, frequency and duration of interventions, as well as accommodations and modifications of the environment.

(D) Screening to determine the need for an occupational therapy evaluation does not constitute initiation of occupational therapy services.

(b) Intervention: The occupational therapy practitioner may implement occupational therapy services, along a continuum, which may include the following:

(A) Direct intervention is the therapeutic use of occupations and activities with the child present, individually or in groups.

(B) Consultation is collaborative problem solving with parents, teachers, and other professionals involved in a child’s program.

(C) The education process is imparting generalized knowledge and information about occupation and activity and does not address an individual child’s specific education plan.

(c) Outcomes: The occupational therapist should review the intervention on an ongoing basis and dependent on the child’s response, modify as needed.

(3) Delegation of therapeutic activities:

(a) The occupational therapy practitioner may instruct others, such as educational or daycare staff, to carry out a specific activity or technique designed to support the child’s the performance.

(b) The designated person must be able to demonstrate the technique as instructed, recount the restrictions, safety factors and precautions.

(c) The occupational therapy practitioner is responsible for ongoing monitoring of the trained person and modifying the procedures based on outcomes and other changes.

(d) When considering the delegation of techniques the child’s health and safety must be maintained at all times.

(4) Documentation:

(a) The occupational therapy practitioner must document evaluation, goals, interventions and outcomes if they are not included in the service plan.

(b) Documentation should reflect the child’s current status, progress towards goals, response to interventions, and strategies that were promising or ineffective.

(c) The occupational therapist should utilize a method of data collection that allows for concise and accurate recording of intervention and progress.

(d) The occupational therapy practitioner is responsible for the analysis of data collected to verify progress and the documentation of their own activities to accomplish the goals.

(e) School records shall be kept for a minimum of seven years.

History

  • Statutory/Other Authority: ORS 675.230, 675.240, 675.250, 675.300 & 675.310
  • Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
  • OTLB 1-2011, f. 6-13-11, cert. ef. 7-1-11
  • OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
  • OTLB 1-2005, f. & cert. ef. 8-11-05
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1994, f. & cert. ef. 1-24-94
  • OTLB 2-1993(Temp), f. & cert. ef. 7-1-93
Or. Admin. R. 339-010-0055 Occupational Therapy Aides Tasks

(1) An “aide” is a person who provides support services to an occupational therapist and occupational therapy assistant, but is not licensed by the Occupational Therapy Licensing Board. Any aide who is working with or supporting patients, and is performing activities covered under the occupational therapy plan of treatment, is considered an occupational therapy aide. The occupational therapy practitioner is responsible for the overall use and actions of the aide, and must ensure the competency of the aide performing the assigned tasks.

(2) An occupational therapist or occupational therapy assistant may supervise the aide. When the aide is performing treatment related tasks, the supervising occupational therapy practitioner must be within sight or earshot of the aide, and must be immediately available at all times to provide in-person direction, assistance, advice, or instruction to the aide.

(3) Treatment related tasks that the aide may assist with under the direct supervision of the occupational therapy practitioner include:

(a) Routine transfers;

(b) Routine care of patient’s personal needs during the course of treatment;

(c) Execution of a well-established routine activity and/or exercise;

(d) Assisting the occupational therapy practitioner as directed during the course of treatment.

(4) Non-treatment related tasks that may be performed by the occupational therapy aide include:

(a) Clerical;

(b) Secretarial;

(c) Housekeeping;

(d) Supply ordering;

(e) Equipment maintenance;

(f) Fabrication of generic strapping material for splints;

(g) Transporting patients;

(h) Preparation of the work area or equipment.

(5) An aide does not provide skilled occupational therapy services in any practice setting. These rules do not apply to school aides and occupational therapists working in school settings. The rules on aides in the education setting are found in OAR 339-010-0050.

History

  • Statutory/Other Authority: ORS 675.320(11)
  • Statutes/Other Implemented: ORS 675.320(11)
  • OTLB 1-2006, f. & cert.ef. 12-28-06
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 1-1996, f. & cert. ef. 4-16-96
Or. Admin. R. 339-010-0057 Health Care Interpreter Registry

(1) Except as provided in subsection (a) of this section, a licensee who is reimbursed with public funds shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the licensee is proficient in the patient's preferred language.

(a) A licensee who is otherwise required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the provider:

(A) Is employed by an education provider that provides education services to children from birth through age 21 and the interpreter is provided by the education provider in accordance with the education provider’s requirements; or

(B) Verifies, in writing, that the licensee has taken the appropriate steps needed to obtain a health care interpreter from the health care interpreter registry in accordance with the rules adopted by the Oregon Health Authority under ORS 413.558; or

(C) Has offered the patient the services of a health care interpreter from the health care interpreter registry and the patient declined the offer and chose a different interpreter.

(b) A licensee shall give personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the health care interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter's own personal protective equipment as a condition of working with the licensee.

(c) A licensee shall maintain records of each patient encounter in which the provider worked with a health care interpreter from the health care interpreter registry. The records must include:

(A) The name of the licensee;

(B) The health care interpreter's registry number; and

(C) The language interpreted.

(2) For the purposes of this rule, education provider is defined as:

(a) A school district, as defined in ORS 332.002.

(b) The Oregon School for the Deaf.

(c) An educational program under the Youth Corrections Education Program.

(d) A public charter school, as defined in ORS 338.005.

(e) An education service district, as defined in ORS 334.003.

(f) Any state-operated program that provides educational services to students.

(g) A private school.

History

  • Statutory/Other Authority: ORS 413.558, HB2359 (2021) & ORS 675.320
  • Statutes/Other Implemented: ORS 413.558 & HB2359 (2021)
  • OTLB 1-2023, adopt filed 02/27/2023, effective 02/27/2023
  • OTLB 4-2022, temporary adopt filed 11/07/2022, effective 11/07/2022 through 02/28/2023
Or. Admin. R. 339-010-0058 Criminal Conviction Determination Process

(1) Prior to beginning required education or training, a person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.

(2) To be complete, a petition must include the following:

(a) a complete and signed determination request form;

(b) the required fee of $100;

(c) the following records related to the final judgment of each criminal conviction:

(A) a certified copy of the judgment of criminal conviction;

(B) any charging document(s);

(C) the arrest report(s);

(D) probation and parole records, if they exist;

(d) a written statement from the petitioner regarding the facts underlying the criminal conviction, and any intervening circumstances.

(e) a written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one.

(3) If any of the records in (2)(c) no longer exist, have been sealed or are otherwise unavailable to the petitioner, petitioner must provide evidence from the agency that held the record that the record no longer exists.

(4) A petition is incomplete when it is missing one or more of the items required in this rule. An incomplete petition will expire 60 days from the date the petition form was submitted to the Board. Petitioners who allow their petition to expire must file a new complete petition, including the required fee.

(5) The petition and the Board’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure.

(6) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license when the person submits a completed application for a license.

(7) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:

(a) Has allegations or charges pending in criminal court;

(b) Has failed to disclose a previous criminal conviction;

(c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or

(d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.

(8) Failure to disclose a previous criminal conviction includes any misrepresentation or a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.

(9) Nothing in this rule prohibits the Board from denying licensure when the person submits a completed application for a reason other than conviction of a crime.

(10) A determination under this rule is not considered a final determination of the Board.

History

  • Statutory/Other Authority: ORS 675.320(7) & ORS 675.320(9)
  • Statutes/Other Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552)
  • OTLB 5-2026, amend filed 05/05/2026, effective 05/05/2026
  • OTLB 3-2025, minor correction filed 08/21/2025, effective 08/21/2025
  • OTLB 2-2025, adopt filed 08/20/2025, effective 08/20/2025

Division 20 CONTINUING EDUCATION

Or. Admin. R. 339-020-0000 Continuing Education Defined

Continuing education (CE) is participation in courses, classes, workshops and other means for the purpose of developing and updating professional skills to provide appropriate occupational therapy services.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
Or. Admin. R. 339-020-0010 CE Requirements for Current Licensees

(1) All current licensees shall obtain a minimum of 30 points of CE from Board approved categories during the two years immediately preceding the date of the license renewal;

(2) Maintenance of current NBCOT Certification (National Board of Certification in Occupational Therapy) may be used to satisfy the requirements for CE under subsection (1) of this rule but may not be used to satisfy the cultural competency CE requirements of OAR 339-020-0025 or the pain management CE requirements of OAR 339-020-0015.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020
  • OTLB 2-2016, f. & cert. ef. 7-29-16
  • OTLB 1-2015, f. & cert. ef. 3-6-15
  • OTLB 1-2005, f. & cert. ef. 8-11-05
  • OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
Or. Admin. R. 339-020-0015 CE on Pain Management

(1) Beginning in 2022, all applicants for license renewal must complete the Oregon Pain Management Commission’s pain management course during each license cycle.

(2) Beginning in 2024, as part of the renewal process, all applicants for renewal must demonstrate completion of the Oregon Pain Management Commission’s pain management course in a format prescribed by the Board during every license renewal.

(3) This required CE on pain management may also be used towards satisfying the Occupational Therapy CE requirement under OAR 339-020-0010.

History

  • Statutory/Other Authority: ORS 675.320
  • Statutes/Other Implemented: ORS 675.320
  • OTLB 1-2022, amend filed 01/10/2022, effective 01/10/2022
  • OTLB 1-2008, f. 11-25-08, cert. ef. 1-1-09
Or. Admin. R. 339-020-0020 CE Categories and Points

These numbers refer to a two year total of 30 points. Credit for CE shall be calculated on a point basis in the following categories and must relate to occupational therapy services. It is the responsibility of the licensee to demonstrate how specific classes contribute to the development of the occupational therapy skills. "Application to OT Services" (CE Log) must be included for credit. Unless stated otherwise, one point equals one contact hour. Sixteen to 30 required CE points must come from categories 1-10. A limit of 14 of the required CE points may be accrued from categories 11-18, unless noted otherwise.

(1) Attendance at university, college or vocational technical adult education courses at or above practice level: Four points per credit hour. Documentation of successful completion required.

(2) Attendance at seminars, workshops, or institutes: One point per direct hour of content.

(3) Completion of online educational courses: Points as awarded by certificate or per credit, see (1). Certificate of successful completion required.

(4) Satisfactory completion of educational activities relating to occupational therapy approved by the AOTA Approved Provider Program, sponsored by OTAO, AOTA and NBCOT or professional academic institutions relating to occupational therapy: One point per hour of attendance. Certificate of attendance required.

(5) Publication -- Copy of publications required.

(a) Publication of article in non-peer reviewed publication (e.g. OT Practice, SIS Quarterly, Advance, etc.): Five points per article.

(b) Publication of article in peer-reviewed professional publication (e.g. journals, book chapter, research paper): Ten points per article.

(c) Publication of chapter(s) in occupational therapy or related textbook: Ten points per chapter.

(d) Authoring a book related to the practice of occupational therapy. 14 points.

(6) Professional presentation (person presenting): Presentation must be at practice level for credit, e.g. CNA training would not be acceptable: Two points per hour with no additional points for subsequent presentation of same content. Course outline must be provided.

(7) Development of alternative media (computer software, video or app): Three points/hr of finished product. Outline required.

(8) Completing requirements for occupational therapy specialty certification (initial or recertification one time only for each specialty): 12 points. Copy of certificate required.

(9) Research, provided an abstract of the research is retained to prove participation: Principal -- Eight points. Associate -- Six points.

(10) Development and implementation of a school approved Level II student program (one time only and completed within a year): Four points. Copy of program must be provided.

(11) In-service training: One point per hour of attendance.

(12) Attendance at videotaped presentations of educational courses, seminars, workshops or institutes (group viewing with discussion): One-half point per direct hour of viewing with additional points for discussion, not to exceed seven points.

(13) Student supervision, Level I: One point per student. (Up to 4 points).

(14) Level II Fieldwork and Doctorate student supervision, OT Experiential level work: One point for 8 hours of supervision. (Up to 14 points).

(15) Mentoring; as defined in OAR-339-010-0005(5): One point for every two hours contract mentoring with documentation. Points may be obtained for both the mentor and the mentee.

(16) Professional leadership on a Board or Commission relating to OT -- Volunteer services to organizations, populations, and individuals that advance the reliance on and use of one's occupational therapy skills and experiences to the volunteer setting or experience: 10 hours equal two points. Up to four points a year with documentation.

(17) Re-Entry Supervisors: Therapists providing supervision under OAR 339-010-0016: One point for 8 hours.

(18) Personal Development/Self Care: Up to four points.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • Statutes/Other Implemented: ORS 675.210(4), 675.240(1) & (2), 675.250(2) & (3), 675.300(1)(a) & 675.320(11)
  • OTLB 2-2023, amend filed 05/08/2023, effective 05/08/2023
  • OTLB 9-2021, amend filed 08/09/2021, effective 08/09/2021
  • OTLB 6-2020, amend filed 11/12/2020, effective 11/12/2020
  • OTLB 1-2016, f. & cert. ef. 7-29-16
  • OTLB 1-2005, f. & cert. ef. 8-11-05
  • OTLB 2-2003, f. & cert. ef. 9-11-03
  • OTLB 1-2003, f. & cert. ef. 3-4-03
  • OTLB 1-1999, f. & cert. ef. 10-27-99
  • OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
Or. Admin. R. 339-020-0025 CE in Cultural Competency

(1) Effective July 1, 2020, all currently licensed occupational therapists and occupational therapy assistants must complete at least one hour on Cultural Competency during each license renewal cycle.

(2) Beginning in 2022, demonstration of completion of required Cultural Competency CE must be provided in a format prescribed by the Board during every license renewal.

(3) This required CE in Cultural Competency may also be used towards satisfying the Occupational Therapy CE requirement under OAR 339-020-0010.

(4) The Board encourages all licensees to obtain Cultural Competency CE from the approved list, promulgated by the Oregon Health Authority. The Board shall also accept Cultural Competency CE that is not obtained from the Oregon Health Authority’s approved list, to the extent the Board determines that Cultural Competency CE claimed teaches the Cultural Competency skills recognized by the Oregon Health Authority in rules that are effective at the time the Cultural Competency CE is obtained. However, the Board will not pre-approve Cultural Competency CE outside the approved list promulgated by the Oregon Health Authority.

History

  • Statutory/Other Authority: ORS 675.320(8)
  • Statutes/Other Implemented: ORS 675.320
  • OTLB 4-2021, amend filed 03/04/2021, effective 03/04/2021
  • OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020
  • OTLB 1-2014, f. & cert. ef. 10-9-14
Or. Admin. R. 339-020-0080 CE Certification

(1) Persons seeking to renew their license or to restore a lapsed license shall submit with their application a statement certifying that they have completed CE requirements set forth in these rules that are applicable to them. If persons seeking renewal practiced in Oregon at any point during the prior licensing period, they are required to obtain Cultural Competency CE as stated in 339-020-0025(1) and to complete the pain management course as stated in 339-020-0015(1).

(2) Licensees must maintain a record of con­tinuing education for a minimum of four years and provide these records to the Board upon request.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • OTLB 6-2023, amend filed 11/01/2023, effective 11/01/2023
  • OTLB 4-2020, amend filed 08/12/2020, effective 08/12/2020
  • OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
Or. Admin. R. 339-020-0090 Waiver

The Board may, in individual cases involving physical disability or illness, or undue hardship, grant waivers of the minimum continuing education requirements or extensions of time within which to fulfill the same or make the required reports. Applications for waiver shall be made to the Board in writing at least two months prior to license expiration.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • OTLB 2-1994, f. 4-11-94, cert. ef. 6-1-94
Or. Admin. R. 339-020-0100 Mentorship between licensees for CE Credit

For purposes of mentorship between licensed occupational therapy practitioners, in order to obtain CE credit:

(1) Enter into a written mentorship agreement signed by both parties that includes a detailed description of the planned and collaborative experience and the goals to be achieved under the plan;

(2) Provide written documentation signed and dated by both parties that the mentorship was successfully completed, if requested by the Board.

(3) Both the mentor and the mentee may obtain CE credit under OAR 339-020-0020.

History

  • Statutory/Other Authority: ORS 675.320(11) & (12)
  • Statutes/Other Implemented: ORS 657.320(12)
  • OTLB 1-2005, f. & cert. ef. 8-11-05
  • OTLB 2-2003, f. & cert. ef. 9-11-03
  • OTLB 1-1996, f. & cert. ef. 4-16-96

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