The Occupational Therapy Advisory Council (Council) requires every applicant for licensure to complete this orientation prior to issuance of a license to practice as an occupational therapist or occupational therapy assistant in the State of New Jersey. Once an applicant has met the requirements of N.J.A.C. 13:44K-2.1, the Council will inform the applicant that they are eligible to take the orientation. Upon completion of this orientation, and all other requirements, the Council will issue a license to the applicant.

The material presented provides an overview of some of the laws and regulations relevant to the practice of occupational therapy in New Jersey. The links provided allow you to read the laws and regulations. When you click on a link, do not close this window. Simply click on the link and then close the link's window when you have finished viewing it. Many statutes and regulations that are relevant to occupational therapy in New Jersey are also listed on the Council's website.

The questions are based on specific statutes and regulations. Statutes, or laws, are designated as N.J.S.A., which stands for "New Jersey Statutes Annotated." Regulations, or rules, are designated as N.J.A.C., which stands for "New Jersey Administrative Code." Regulations supplement the statutes, providing clarification as to statutory requirements or covering topics that are not specifically addressed by statute.

The following questions address some of the statutes and regulations with which potential licensed occupational therapists should be familiar before obtaining licensure. These are not necessarily the only New Jersey statutes and regulations that may apply to the practice of occupational therapy, but they address issues the Council believes are relevant to the majority of occupational therapists or assistants practicing in New Jersey. The questions do not address Federal statutes or regulations with which occupational therapists may need to comply.

Council Responsibilities

The paramount responsibility of the Council, which advises the Director of the Division of Consumer Affairs, is the protection of the public's health, safety, and welfare. The Council meets its responsibility by licensing occupational therapists, and occupational therapy assistants, adopting regulations, determining standards of practice, investigating allegations of misconduct, and disciplining those who do not adhere to requirements - thereby assuring the public that occupation therapists and occupational therapy assistants are qualified, competent, and honest.

Council Meetings

The Council has bi-monthly meetings, which are scheduled up to a year in advance, with the dates posted on its website, , www.NJConsumerAffairs.gov/ot. Meetings are conducted in accordance with the New Jersey Open Public Meetings Act.

Council meetings are held in two parts. One is open to the public, and includes: non-disciplinary sessions (open minutes, policy, legislation, information, public comment), and disciplinary actions (formal hearings).

The public does not attend executive or closed sessions. The Council reviews matters that may need to be discussed, such as investigatory matters, deliberations after a hearing, and matters on which the Council receives advice of legal counsel.

Licensure

Occupation therapist and occupational therapy assistant licenses expire every two years, on September 30th of odd-numbered years. It is very important that you notify the Council office when you change your mailing address as renewal notifications are not forwarded by the Post Office. The notification will give you information about renewing your license online, paying with a credit card, and other information about keeping your license in good standing. The notification is mailed 2-3 months before your license expires. You may renew for thirty days after your license expires and pay a late fee of $100. Thirty one days after your license expires it will be automatically placed in suspended status without further notice to you. If you don't intend to practice in New Jersey during the upcoming licensing period, you should renew your license as "inactive."

A licensed occupational therapist or occupational therapy assistant must cooperate with the Council's investigative powers. Investigative powers of the Council, the Attorney General, and the Director of the Division of Consumer Affairs include:

• Review of records, books or documents prepared or maintained in the course of practice;


• Issuance of administrative subpoenas to compel attendance at investigative hearings or production of records;


• Demands for statements in writing under oath as to facts and circumstances concerning rendering of professional services;


• Impounding of evidence pursuant to a court order; and


• Compelling skills assessment to determine if licensees can practice with reasonable skill and safety.

The following are examples of grounds for discipline of licensees:

• Obtaining a license through fraud, deception, or misrepresentation;


• Omission of a criminal conviction on an application form;



• Use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;


• Gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of another person;


• Repeated acts of simple negligence, malpractice, or incompetence;


• Alteration of records, including late additions without proper identification and dating;


• Professional or occupational misconduct as may be determined by the Council;


• Conviction of, or engaging in, acts constituting crimes of moral turpitude or crimes relating adversely to the practice of occupational therapy or occupational therapy assisting;


• Disciplinary action against a license issued by another state, agency or authority;


• Failure to comply with any act or regulation administered by the Council;


• Incapability of discharging the functions of a licensee consistent with the public health, safety or welfare;


• Violation of the Insurance Fraud Prevention Act as found in a civil or administrative proceeding;


• Presently engaged in drug or alcohol use likely to impair the ability to practice with reasonable skill and safety. (Presently means "at this time" or any time within the previous 365 days); and

A licensed occupational therapist or occupational therapy assistant is required to report a colleague who demonstrates an impairment or activities of a colleague that pose a clear and imminent danger to public health and welfare (N.J.S.A. 45:1-37). Examples of the type of misconduct which you are required to report are gross negligence, indiscriminate prescribing, and actions which pose an imminent danger to the public health safety and welfare.

The Complaint And Discipline Process

The Council receives numerous complaints from sources including: consumers, other governmental agencies, law enforcement agencies, court officials, and insurance fraud investigators. Each and every one is investigated. The nature of the allegations dictates the type and the depth of the investigation.

In most cases the Council asks for the licensee's response to the complaint to be considered in the investigation. If you are contacted by the Council and requested to provide information to it, please provide a timely response - your reply and explanation must reach the Council office within 21 days. Failure to respond in a timely fashion may result in you being directed to appear before the Council, or sanctioned for failure to cooperate.

When the Council determines that a complaint has merit, the formal discipline process begins. New Jersey's Attorney General prosecutes formal complaints against licensees, and those found to be practicing occupational therapy or occupational therapy assisting while unlicensed. Licensees may be represented by counsel at disciplinary proceedings before the Council. The Council may hear the matter, or refer it to an Administrative Law Judge (ALJ) who issues an initial decision that is reviewed by the Council. The Council can either adopt, reject or modify the findings of fact and conclusion of law, and the penalties recommended by the ALJ. The final decision is made by the Council. Licensees have the right to appeal a final decision of the Council to the Appellate Division of the New Jersey Superior Court.

Additionally, the Council has the authority to take the interim measure of temporarily suspending a license if there is a palpable demonstration of imminent danger to the public. When a license is revoked or suspended, or clinical practice is barred by another state or licensing authority, and the Council finds that either the continued practice endangers or poses a risk to public health and safety, or gross or repeated negligence, fraud or professional misconduct adversely affecting public health and safety is involved, the Council is authorized to impose a suspension.

Possible disciplinary sanctions and other dispositions of formal complaints may include:

• Revocation of license;


• Suspension of license;


• Reprimand;


• Probation, limitations on license;


• Penalties;


• Costs of investigation and prosecution;


• Remedial education and/or supervision;


• Community service and other measures; or


• Restitution.

Under N.J.S.A. 45:1-25, licensed occupational therapist or occupational therapy assistant may be assessed monetary penalties of up to $10,000, for the first violation, and up to $20,000, for the second and subsequent violations.