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Register November 2011 No. 671
Chapter OT 2
LICENSURE OF OCCUPATIONAL THERAPISTS AND
OCCUPATIONAL THERAPY ASSISTANTS

OT 2.01   Authority and purpose.
OT 2.02   Applications and credentials.
OT 2.03   Examinations, panel review of applications.
OT 2.04   Exemption from written examination for certain occupational therapy assistant applicants.
OT 2.05   Examination review by applicant.
OT 2.06   Board review of examination error claim.
OT 2.07   Temporary license.
OT 2.01 OT 2.01 Authority and purpose. The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2) and 448.965, Stats., to govern the licensure and regulation of occupational therapists and occupational therapy assistants.
OT 2.01 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
OT 2.02 OT 2.02 Applications and credentials.
OT 2.02(1) (1) Every applicant for initial licensure as an occupational therapist or occupational therapy assistant shall submit all of the following:
OT 2.02(1)(a) (a) A completed application form.
OT 2.02 Note Note: Application forms are available upon request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
OT 2.02(1)(b) (b) Evidence that the applicant is certified as an occupational therapist or occupational therapy assistant by the national board for certification in occupational therapy; and that the applicant has completed an occupational therapist educational program, or an occupational therapy assistant educational program.
OT 2.02(1)(c) (c) Written verification from the national board for certification in occupational therapy that the applicant has passed the examination required by this chapter.
OT 2.02(2) (2) Requests for verification from the national board for certification in occupational therapy shall be made by the applicant.
OT 2.02(3) (3) An application for licensure is not complete until the board has received both a completed application form and verification of initial certification from the national board for certification in occupational therapy.
OT 2.02 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
OT 2.03 OT 2.03 Examinations, panel review of applications.
OT 2.03(1)(1) Applicants for licensure as an occupational therapist or occupational therapy assistant shall pass the certification examination for occupational therapist or the certification examination for occupational therapy assistant of the national board for certification in occupational therapy, and shall complete an open book examination on statutes and rules governing the practice of occupational therapy in Wisconsin.
OT 2.03(2) (2) An applicant may be required to complete an oral examination if the applicant meets any of the following criteria:
OT 2.03(2)(a) (a) Has a medical condition which in any way impairs or limits the applicant's ability to practice occupational therapy with reasonable skill and safety.
OT 2.03(2)(b) (b) Uses chemical substances so as to impair in any way the applicant's ability to practice occupational therapy with reasonable skill and safety.
OT 2.03(2)(c) (c) Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.
OT 2.03(2)(d) (d) Has been convicted of a crime the circumstances of which substantially relate to the practice of occupational therapy.
OT 2.03(2)(e) (e) Has not practiced occupational therapy for a period of 3 years prior to application, unless the applicant has graduated from a school of occupational therapy within that period. Practice for the purposes of this paragraph includes direct client treatment and education, occupational therapy instruction in an occupational therapy academic program recognized by the board, occupational therapy research, and service in administrative positions for health care providers or governmental bodies with responsibility relating to occupational therapy.
OT 2.03(2)(f) (f) Has been found negligent in the practice of occupational therapy or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of occupational therapy.
OT 2.03(2)(g) (g) Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.
OT 2.03(2)(h) (h) Has within the past 2 years engaged in the illegal use of controlled substances.
OT 2.03(2)(i) (i) Has been subject to adverse formal action during the course of occupational therapy education, postgraduate training, hospital practice, or other occupational therapy employment.
OT 2.03(2)(j) (j) Has been graduated from an occupational therapy school not approved by the board.
OT 2.03(3) (3) An application filed under s. OT 2.01 shall be reviewed by an application review panel of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a license without completing an oral examination.
OT 2.03(4) (4) All written or oral examinations shall be conducted in the English language.
OT 2.03(5) (5) If both written and oral examinations are required they shall be scored separately and the applicant shall achieve a passing grade on all examinations to qualify for a license.
OT 2.03(6) (6) The board shall notify each applicant eligible for examination of the time and place scheduled for that applicant's examinations. Failure of an applicant to appear for examinations as scheduled will void that applicant's application and require the applicant to reapply for licensure, unless prior scheduling arrangements have been made with the board by the applicant.
OT 2.03(7) (7) If after receipt of additional information from applicants who have been treated for alcohol or drug abuse or impairment or from applicants who have been treated for an acute or chronic psychological impairment the board decides that an oral examination shall be administered, the examination shall be limited to a determination whether at the time of application the applicant's disability appears to pose an actual risk to the health, safety or welfare of client or public arising from the applicant's demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of occupational therapy.
OT 2.03 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
OT 2.04 OT 2.04 Exemption from written examination for certain occupational therapy assistant applicants. An applicant for licensure as an occupational therapy assistant who graduated from an occupational therapy assistant educational program prior to 1977 is exempt from the requirements for a written licensure examination for occupational therapy assistant.
OT 2.04 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
OT 2.05 OT 2.05 Examination review by applicant.
OT 2.05(1) (1) An applicant who fails the oral or statutes and rules examination may request a review of that examination by filing a written request and the fee required under s. 440.07 (3), Stats., with the board within 30 days of the date on which examination results are mailed.
OT 2.05(2) (2) Examination reviews are by appointment only.
OT 2.05(3) (3) An applicant may review the statutes and rules examination for not more than one hour.
OT 2.05(4) (4) An applicant may review a tape of the oral examination for not more than 2 hours.
OT 2.05(5) (5) The applicant may not be accompanied during the review by any person other than the proctor.
OT 2.05(6) (6) At the beginning of the review, the applicant shall be provided with a copy of the questions, a copy of the applicant's answer sheet or oral tape and a copy of the master answer sheet.
OT 2.05(7) (7) The applicant may review the examination in the presence of a proctor. The applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. Applicants shall not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor shall not defend the examination nor attempt to refute claims of error during the review.
OT 2.05(8) (8) An applicant may not review the examination more than once.
OT 2.05 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
OT 2.06 OT 2.06 Board review of examination error claim.
OT 2.06(1)(1) An applicant claiming examination error shall file a written request for board review in the board office within 30 days of the date the examination was reviewed by the applicant. The request shall include all of the following:
OT 2.06(1)(a) (a) The applicant's name and address.
OT 2.06(1)(b) (b) The type of license for which the applicant applied.
OT 2.06(1)(c) (c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.
OT 2.06(1)(d) (d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant's claim.
OT 2.06(2) (2) The board shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the board's decision and any resulting grade changes.
OT 2.06(3) (3) If the decision does not result in the applicant passing the examination, a notice of denial of license shall be issued. If the board issues a notice of denial following its review, the applicant may request a hearing under s. SPS 1.05.
OT 2.06 Note Note: The board office is located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
OT 2.06 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
OT 2.07 OT 2.07 Temporary license.
OT 2.07(1)(1) An applicant for licensure may apply to the board for a temporary license to practice as an occupational therapist or occupational therapy assistant if the applicant does all of the following:
OT 2.07(1)(a) (a) Remits the fee specified in s. 440.05 (6), Stats.
OT 2.07(1)(b) (b) Is a graduate of an approved school and is scheduled to take the national certification examination for occupational therapist or occupational therapist assistant or has taken the national certification examination and is awaiting results.
OT 2.07(2) (2) Practice during the period of the temporary license shall be in consultation, at least monthly, with an occupational therapist who shall at least once each month endorse the activities of the person holding the temporary license.
OT 2.07(3) (3) An applicant with a temporary license may practice at no more than 2 separate employment locations.
OT 2.07(4) (4) Except as specified in sub. (5), a temporary license expires on the date the applicant is notified that he or she has failed the national certification examination for permanent licensure or on the date the board grants or denies an applicant permanent licensure, whichever is later.
OT 2.07(5) (5) A temporary license expires on the first day of the next regularly scheduled national certification examination for permanent licensure if the applicant is required to take, but failed to apply for, the examination.
OT 2.07(6) (6) A temporary license may not be renewed.
OT 2.07 History History: CR 02-026: cr. Register December 2002 No. 564, eff. 1-1-03.
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