MI Board of Occupational Therapists Gerry Conti, PhD, OTR William Sisco MA, MS, OTR

Overview  What is the MI Board of OT?  What is the administrative rules process?  What are the provisions of the Public Health Code and current thoughts about our administrative rules?  Comments and Q&A

MI Board of OT  Positions are appointed by the Governor  Composition: 5 OTs, 4 community members  OT: Gerry Conti, Chair; Diane Andert, William Sisco, Susan Robosan-Burt, Britt Lenfield  Public: Grace Smith, LoRon Polk, Christie Clipper, John Miller  Disciplinary Subcommittee: William Sisco, Diane Andert, Susan Robosan-Burt, Christie Clipper, John Miller  Administrative Rules Task Force: Gerry Conti, William Sisco, Susan Robosan-Burt, Grace Smith

Administrative Rules Process  About additional years  MI Board of OT Task Force recommendations  Approval by MI Board of OT  Request for rulemaking sent for internal state department review  Regulatory Impact statement  Financial impact review  Public Comment  Final approval or objection by the state of MI

Public Act 523  In Michigan, you must be licensed to  Present yourself as an OT or OTA  Provide occupational therapy services  “Verify a professional license”  Why? To protect the public health and safety of mi citizens  Otherwise you are violating the law and are subject to fines and/or jail

Licensure differs from professional organizations  Professional organizations include NBCOT, AOTA, MiOTA  These are voluntary professional organizations  They offer professional enhancement  NOTE: You must be currently certified by NBCOT to use the term “registered” or “R” (“certified” or “C”) in your title

Licenses  Mailed to all regulated OTs and OTAs in MI as of 6/2009  IF YOU HAVE NOT RECEIVED A LICENSE  Send an with your current name and address to either  or  Why you may not have a state license  You are not licensed by the state of MI  Your name and address is not updated with the state  State error

What does the new law say? LICENSURE ALLOWS YOU TO 1. Present yourself as an OT or OTA  OT, OTL, OTR, OTRL  OTA, OTAL, COTA, COTAL  “or similar words” 2. Provide occupational therapy services  Evaluation  Interventions and procedures  Management, recommendations and consultations  In a wide variety of settings

PA 523 amends PA368 (1978): Public Health Code  License display in a public location  Exemptions to licensure  Requirements for license renewal  Supervision categories  Violations requiring state investigation  Sanctions  Continuing Education

License Display  (2). A licensee shall display his or her current certificate of licensure prominently and where visible to the public in the licensee’s principal place of business.  (3). A licensee shall have available for inspection a card, which shall be issued by the department, containing the essential information on the certificate.

Exemptions to Licensure  Student in a board-approved health profession training program, while performing the duties assigned in the course of training.  Individual practicing health profession in the discharge of official duties while in the military service of the US.  Individual providing health profession services while rendering medical care in a time of disaster or to an individual at the scene of an emergency  Individual who provides nonmedical nursing or similar services in the care of the ill or suffering…

License Renewal:  “Failure of the licensee…to receive notice …does not relieve the licensee…of the responsibility for renewing his or her license…”  “If a license… is not renewed within 60 days of the expiration date…the license…shall be considered null and void. The licensee shall not practice or use the title…”  “The expiration or surrender of a license … does not terminate the board’s authority to impose sanctions on the licensee…”

Supervision:  Supervision means the overseeing of or participation in the work of another individual by a licensed health professional (LHP) where at least all of the following conditions exist:  The continuous availability of direct communication in person or by radio, telephone, or telecommunication between the supervised individual and the LHP

 Availability of LHP on a regularly scheduled basis to review the practice of the supervised individual, to provide consultation to the supervised individual, to review records, and to further the supervised individual in the performance of the individual’s functions.  The provision by the LHP of predetermined procedures

Supervision Categories  GENERAL SUPERVISION: OT is not required to be physically present on site, but shall be continuously available at the time the client-related activity is performed. Continuously availability includes availability by telecommunication or other electronic device.  DIRECT SUPERVISION: OT is physically present and immediately available for direction and supervision at the time OT service is performed, and that the OT has direct contact with the client during each visit.

Selected Violations:  Lack of good moral character.  Failure to exercise due care, whether or not injury occurs.  Incompetence  Failure to report a violation performed by another licensee.  Conviction or a misdemeanor or criminal offense  Performance of prohibited acts  Fraud or deceit in obtaining or renewing a license  Practice outside scope of practice

Sanction Process  Completion of allegation form by a citizen  Review by a conferee from the Board and recommendation for investigation  Referral to the OT Board Disciplinary subcommittee for decision on professional sanction  Sanctions are individualized and may include coursework, loss of license, and/or supervision

Continuing Education  Required in Public Health Code including specific training in pain and symptom management  Not yet defined in rules  Continuing education template is in place for the state  Intent is to provide easy transfer of NBCOT professional development units

COMMENTS AND QUESTIONS?