Chapter 130 Oregon Laws 2003

AN ACT

HB 2245

Relating to occupational therapists; creating new provisions; amending ORS 675.270, 675.280, 675.290, 675.320 and 675.340.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 675.270 is amended to read:

675.270. (1) The Occupational Therapy Licensing Board may license without examination any person who applies and meets the requirements under ORS 675.210 to 675.340, and:

(a) Is currently certified as an occupational therapist registered (O.T.R.) or certified occupational therapy assistant (C.O.T.A.) by the National Board for Certification in Occupational Therapy; or

(b) Presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States [which] that requires standards for licensure considered by the Occupational Therapy Licensing Board to be equivalent to the requirements for licensure under ORS 675.210 to 675.340.

(2) Each applicant under this section shall pay a license fee, [not to exceed $75 to the Occupational Therapy Licensing] in an amount established by the board, at the time of filing an application under this section.

SECTION 2. ORS 675.280 is amended to read:

675.280. Licenses issued under ORS 675.210 to 675.340 shall expire on May 31 of even-numbered years. The Occupational Therapy Licensing Board shall license any person who meets the requirements of ORS 675.210 to 675.340 upon payment of a license fee [not to exceed $75] in an amount established by the board. The board shall issue a certificate to each person licensed. The certificate shall be prima facie evidence of the right of the person to whom it is issued to purport to be a licensed occupational therapist or occupational therapy assistant subject to the provisions of ORS 675.210 to 675.340. The certificate shall be posted in a conspicuous place on the premises of the occupational therapy employer.

SECTION 3. ORS 675.290 is amended to read:

675.290. Each licensed occupational therapist or occupational therapy assistant shall apply to the Occupational Therapy Licensing Board prior to the expiration of a license [of each year] for a renewal of a license. Each applicant for renewal of a license shall pay a renewal fee, in an amount established by the board, at the time of [the] filing [of an] a renewal application [therefor a fee not to exceed $85]. Any license that is not renewed before June 1 of [each year] even-numbered years shall automatically lapse. The board may revive and renew any lapsed license upon payment to it of a delinquent fee in the amount of $50 [plus all past unpaid renewal fees]. However, [no such] late renewal of a license may not be granted more than three years after its expiration.

SECTION 4. ORS 675.320 is amended to read:

675.320. The Occupational Therapy Licensing Board shall have the following powers in addition to powers otherwise granted under ORS 675.210 to 675.340 or necessary to carry out the provisions of ORS 675.210 to 675.340:

(1) To organize and elect from its membership a president and secretary, each of whom shall hold office for one year or until the election and qualification of a successor.

(2) To appoint [an executive secretary] a director to perform such duties as the board shall prescribe, and whose compensation shall be fixed by the board subject to ORS 240.245.

(3) To authorize all necessary disbursements to carry out the provisions of ORS 675.210 to 675.340, including, but not limited to, payment for necessary supplies, office equipment and investigations and such other expenditures as provided for in ORS 675.210 to 675.340.

(4) To suspend, revoke or invalidate licenses for nonpayment of renewal fees.

(5) To restore licenses [which] that have been suspended, revoked or voided.

[(6) To recommend fees for initial application for licensure and renewal application for licensure.]

(6) To adopt license and license renewal fees under ORS 675.270, 675.280 and 675.290. The fees must be approved by the Oregon Department of Administrative Services and may not exceed the cost of administering ORS 675.210 to 675.340.

(7) To collect license applications and renewal fees.

(8) To investigate alleged violations of ORS 675.210 to 675.340.

(9) To enforce the provisions of ORS 675.210 to 675.340 and generally supervise the practice of occupational therapy in this state.

(10) To make and enforce rules in accordance with ORS 183.310 to 183.550 for the procedure of the board and for regulating the practice of occupational therapy not inconsistent with the provisions of ORS 675.210 to 675.340.

(11) To establish minimum requirements for continuing education to be complied with by all licensees under ORS 675.210 to 675.340 prior to reissuing licenses.

(12) To establish minimum requirements for limited permit to be complied with by all applicants prior to issuance of limited permit. A limited permit shall be issued to a person at the discretion of the board upon application and payment of a permit fee of $25.

(13) To establish official abbreviations that may be used, under ORS 675.220 (1), by persons licensed as occupational therapists or occupational therapy assistants.

(14) To establish minimum requirements for supervised field work necessary for applicants under ORS 675.240 or 675.250.

SECTION 5. ORS 675.340 is amended to read:

675.340. The district attorney shall prosecute all persons charged with violations of any of the provisions of ORS 675.210 to 675.340 and 675.990 (2). The [secretary] director, under the direction of the Occupational Therapy Licensing Board, shall aid the district attorney in the enforcement of ORS 675.210 to 675.340 and 675.990 (2).

SECTION 6. (1) The amendments to ORS 675.270, 675.280 and 675.290 by sections 1, 2 and 3 of this 2003 Act become operative on June 1, 2004.

(2) All licenses issued under ORS 675.210 to 675.340 for a licensing period of less than two years shall expire on May 31, 2004. Licenses issued under ORS 675.210 to 675.340 may be renewed before June 1, 2004, for the two-year period beginning June 1, 2004.

Approved by the Governor May 28, 2003

Filed in the office of Secretary of State May 28, 2003

Effective date January 1, 2004

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