History: L. 1986, ch. 323, § 1; July 1.
(a) "Board" means the state board of healing arts.
(b) "Practice of occupational therapy" means the therapeutic use of purposeful and meaningful occupations (goal-directed activities) to evaluate and treat, pursuant to the referral, supervision, order or direction of a physician, a licensed podiatrist, a licensed dentist, a licensed physician assistant, or an advanced registered nurse practitioner working pursuant to the order or direction of a person licensed to practice medicine and surgery, a licensed chiropractor, or a licensed optometrist, individuals who have a disease or disorder, impairment, activity limitation or participation restriction that interferes with their ability to function independently in daily life roles and to promote health and wellness. Occupational therapy intervention may include:
(1) Remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological cognitive processes;
(2) adaptation of tasks, process, or the environment or the teaching of compensatory techniques in order to enhance performance;
(3) disability prevention methods and techniques that facilitate the development or safe application of performance skills; and
(4) health promotion strategies and practices that enhance performance abilities.
(c) "Occupational therapy services" include, but are not limited to:
(1) Evaluating, developing, improving, sustaining, or restoring skills in activities of daily living (ADL), work or productive activities, including instrumental activities of daily living (IADL) and play and leisure activities;
(2) evaluating, developing, remediating, or restoring sensorimotor, cognitive or psychosocial components of performance;
(3) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices and training in the use of prosthetic devices;
(4) adapting environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;
(5) applying physical agent modalities as an adjunct to or in preparation for engagement in occupations;
(6) evaluating and providing intervention in collaboration with the client, family, caregiver or others;
(7) educating the client, family, caregiver or others in carrying out appropriate nonskilled interventions; and
(8) consulting with groups, programs, organizations or communities to provide population-based services.
(d) "Occupational therapist" means a person licensed to practice occupational therapy as defined in this act.
(e) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.
(f) "Person" means any individual, partnership, unincorporated organization or corporation.
(g) "Physician" means a person licensed to practice medicine and surgery.
(h) "Occupational therapy aide," "occupational therapy tech" or "occupational therapy paraprofessional" means a person who provides supportive services to occupational therapists and occupational therapy assistants in accordance with K.S.A. 65-5419, and amendments thereto.
History: L. 1986, ch. 323, § 2; L. 2002, ch. 203, § 4; L. 2005, ch. 117, § 2; July 1.
History: L. 1986, ch. 323, § 3; July 1.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History: L. 1986, ch. 323, § 4; L. 1987, ch. 253, § 1; L. 1988, ch. 251, § 3; July 1.
History: L. 1986, ch. 323, § 5; L. 2002, ch. 203, § 5; Apr. 1, 2003.
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board.
(2) Experience: The applicant shall submit to the board evidence of having successfully completed a period of supervised field work at a minimum recognized by the board.
(3) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5407 and amendments thereto.
(4) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5409 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria which an educational program in occupational therapy shall satisfy to be recognized by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in occupational therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in occupational therapy. In entering such contracts the authority to recognize an educational program in occupational therapy shall remain solely with the board.
History: L. 1986, ch. 323, § 6; L. 1988, ch. 243, § 12; L. 2002, ch. 203, § 6; Apr. 1, 2003.
History: L. 1986, ch. 323, § 7; L. 2002, ch. 203, § 7; Apr. 1, 2003.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5409 and amendments thereto.
(c) The board may issue a temporary license to an applicant for licensure as an occupational therapist or as an occupational therapy assistant who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5409 and amendments thereto. Such temporary license shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History: L. 1986, ch. 323, § 8; L. 1987, ch. 253, § 2; L. 1991, ch. 192, § 5; L. 1997, ch. 26, § 1; L. 2002, ch. 203, § 8; Apr. 1, 2003.
Application fee, not more than.................$80
Temporary license fee, not more than.................40
License renewal fee, not more than.................80
License late renewal fee, not more than.................80
License reinstatement fee, not more than.................80
Certified copy of license, not more than.................40
Written verification of license, not more than.................25
(b) The board shall charge and collect in advance fees for any
examination administered by the board under the occupational therapy
practice act as fixed by the board by rules and regulations in an amount
equal to the cost to the board of the examination. If the examination is
not administered by the board, the board may require that fees paid for any
examination under the occupational therapy practice act be paid directly to
the examination service by the person taking the examination.
History: L. 1986, ch. 323, § 9;
L. 1987, ch. 253, § 3;
L. 1989, ch. 202, § 2;
L. 1997, ch. 94, § 4;
L. 2002, ch. 203, § 9; Apr. 1, 2003.
(1) Obtaining a license by means of fraud,
misrepresentation or
concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and
regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was
convicted are found by the board to have a direct bearing on whether such
person should be entrusted to serve the public in the capacity of an
occupational therapist or occupational therapy assistant;
(4) violating any lawful order or rule and regulation of the
board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation
or limitation of a license or public or private censure of a
licensee may be ordered by the board after
notice and hearing on the matter in accordance with the provisions of the
Kansas administrative procedure act. Upon the end of the period of time
established by the board for the revocation of a
license, application
may be made to the board for
reinstatement. The board shall have discretion to accept or reject an
application for reinstatement and may hold a hearing to consider such
reinstatement. An application for reinstatement of a revoked license shall
be accompanied by the license renewal fee and the license reinstatement fee
established under K.S.A. 65-5409, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a),
may assess a civil fine, after proper notice and an opportunity to be heard,
against a licensee for unprofessional conduct in an amount not to exceed $5,000
for the first violation, $10,000 for the second violation and $15,000 for the
third violation and for each subsequent violation. All fines assessed and
collected under this section shall be remitted to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the state general fund.
History: L. 1986, ch. 323, § 10;
L. 2002, ch. 203, § 10;
L. 2004, ch. 117, § 19; July 1.
History: L. 1986, ch. 323, § 11; July 1.
(b) At least 30 days before the expiration of a licensee's license, the
board shall notify the licensee of the expiration by mail addressed to the
licensee's last mailing address as noted upon the office records. If the
licensee fails to pay the renewal fee by the date of expiration, the licensee
shall be given a second notice that the license has expired and the license may
be renewed only if the renewal fee and the late renewal fee are received by the
board within the thirty-day period following the date of expiration and that,
if both fees are not received within the thirty-day period, the license shall
be deemed canceled by operation of law without further proceedings for failure
to renew and shall be reissued only after the license has been reinstated under
subsection (c).
(c) Any license canceled for failure to renew as herein provided may be
reinstated upon recommendation of the board and upon payment of the renewal fee
and the reinstatement fee and upon submitting evidence of satisfactory
completion of any applicable continuing education requirements established by
the board. The board shall adopt rules and regulations establishing appropriate
continuing education requirements for reinstatement of licenses canceled for
failure to renew.
(d) A person whose license is
suspended shall not engage in any conduct or activity in violation of the order
or judgment by which the license was suspended.
History: L. 1986, ch. 323, § 12;
L. 2002, ch. 203, § 11;
L. 2004, ch. 117, § 20; July 1.
History: L. 1986, ch. 323, § 13;
L. 2001, ch. 5, § 262; July 1.
(b) Any violation of this section shall constitute a class C misdemeanor.
History: L. 1986, ch. 323, § 14;
L. 2002, ch. 203, § 12; Apr. 1, 2003.
History: L. 1986, ch. 323, § 15; July 1.
History: L. 1986, ch. 323, § 16; July 1.
History: L. 1986, ch. 323, § 17; July 1.
(b) The practice of occupational therapy shall not be construed to include
the following:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of and
under the supervision of an occupational therapist who is licensed under this
act;
(4) any person employed as an occupational therapist or occupational therapy
assistant by the government of the United States or any agency thereof, if such
person practices occupational therapy solely under the direction or control of
the organization by which such person is employed;
(5) licensees under the healing arts act when licensed and practicing in
accordance with the provisions of law or persons performing services pursuant
to a delegation authorized under subsection (g) of K.S.A. 65-2872 and
amendments thereto;
(6) dentists practicing their professions, when licensed and practicing in
accordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing in
accordance with the provisions of law or persons performing services pursuant
to the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124
and amendments thereto;
(8) health care providers who have been formally trained and are practicing
in accordance with the training or have received specific training in one or
more functions included in the occupational therapy practice act pursuant to
established educational protocols, or both;
(9) any person pursuing a supervised course of study leading to a degree or
certificate in occupational therapy at an accredited or approved educational
program, if the person is designated by the title which clearly indicates such
person's status as a student or trainee;
(10) any person fulfilling the supervised fieldwork experience requirements
as part of the experience necessary to meet the requirement of the occupational
therapy practice act;
(11) self-care by a patient or gratuitous care by a friend or family member
who does not represent or hold oneself out to the public to be an
occupational therapist or an occupational therapy assistant;
(12) optometrists practicing their profession when licensed and practicing in
accordance with the provisions of article 15 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(13) podiatrists practicing their profession when licensed and practicing in
accordance with the provisions of article 15 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;
(14) physical therapists practicing their profession when licensed and
practicing in accordance with K.S.A. 65-2901 et seq.
and amendments thereto;
(15) physician assistants practicing their profession when licensed and
practicing in accordance with the physician assistant licensure act;
(16) athletic trainers practicing their profession when
licensed and practicing in accordance with the athletic trainers licensure act;
(17) manufacturers of prosthetic devices;
(18) any person performing occupational therapy services, if these services
are performed for no more than 45 days in a calendar year in association with
an occupational therapist licensed under the occupational therapy practice act
so long as (A) the person is registered or licensed under the laws of another
state which has licensure requirements at least as stringent as the licensure
requirements of this act, or (B) the person meets the requirements for
certification as an occupational therapist registered (OTR) or a certified
occupational therapy assistant (COTA) established by the national board for
certification in occupational therapy (NBCOT).
(c) Any patient monitoring, assessment or other procedures designed to
evaluate the effectiveness of prescribed occupational therapy must be performed
by or pursuant to the delegation of a licensed occupational therapist or other
health care provider.
(d) Education related therapy services provided by an occupational therapist
to school systems or consultation regarding prevention, ergonomics and wellness
within the occupational therapy scope of practice shall not require a referral,
supervision, order or direction of a physician, a licensed podiatrist, a
licensed dentist or a licensed optometrist. However, when in the course of
providing such services an occupational therapist reasonably believes that an
individual may have an underlying injury, illness, disease, disorder or
impairment, the occupational therapist shall refer the individual to a
physician, a licensed podiatrist, a licensed dentist or a licensed optometrist,
as appropriate.
(e) Nothing in the occupational therapy practice act shall be construed to
permit the practice of medicine and surgery. No statute granting authority to
licensees of the state board of healing arts shall be construed to confer
authority upon occupational therapists to engage in any activity not conferred
by the occupational therapy practice act.
(f) This section shall be part of and supplemental to the occupational
therapy practice act.
History: L. 2002, ch. 203, § 13;
L. 2003, ch. 128, § 27;
L. 2004, ch. 24, § 13; July 1.
(b) This section shall be part of and supplemental to the occupational
therapy practice act.
(c) The provisions of this section shall take effect on and
after April 1, 2003.
History: L. 2002, ch. 203, § 14; July 1.
(b) Any person holding a valid registration as an occupational therapy
assistant immediately prior to the effective date of this act which has been
issued by the state board of healing arts shall be deemed to be a licensed
occupational therapy assistant and shall be subject to the provisions of
article 54 of
chapter 65 of the Kansas Statutes Annotated.
(c) This section shall be part of and supplemental to the occupational
therapy practice act.
(d) The provisions of this section shall take effect on and after April 1,
2003.
History: L. 2002, ch. 203, § 15; July 1.
(b) This section shall be part of and supplemental to the occupational
therapy practice act.
History: L. 2004, ch. 143, § 106; Jan. 1, 2005.