Delaware Code Title 24 Sec. 2006 – Powers and duties
(a) The Board may do all of the following:
(1) Formulate rules and regulations, with appropriate notice to those affected. Rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. Each rule or regulation must implement or clarify a specific section of this chapter.
(2) Designate the application form to be used by all applicants and process all applications.
(3) Designate the written, standardized examination as approved by the National Board for Certification in Occupational Therapy, Inc., or its successor, that an applicant must pass to qualify for licensure. An applicant who qualifies for licensure by reciprocity must have achieved a passing score on the national examination.
(4) [Transferred to subsection (c).]
(5) Establish minimum education, training, and experience requirements for licensure.
(6) Evaluate an applicant’s credentials, in order to determine whether the applicant meets the qualifications for licensing under this chapter.
(7) Grant licenses to, and renew licenses of, an applicant or licensee who meets the qualifications for licensure or renewal of licenses.
(8) Establish by rule and regulation continuing education standards required for license renewal.
(9) Evaluate certified records to determine whether an applicant who has been previously licensed, certified, or registered in another jurisdiction to practice occupational therapy or to act as an occupational therapy assistant has engaged in any act or offense that would be grounds for disciplinary action under this chapter, and whether any disciplinary proceedings or unresolved complaints are pending against the applicant for the act or offense.
(10) Refer all complaints from licensees and the public concerning licensees, the Board’s practices, or the profession to the Division for investigation under § 8735 of Title 29, and assign a Board member to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint.
(11) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. The Board shall determine whether a licensee is subject to a disciplinary hearing and, if so, shall conduct the hearing in accordance with this chapter and the Administrative Procedures Act (Chapter 101 of Title 29).
(12) If the Board determines after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
Terms Used In Delaware Code Title 24 Sec. 2006
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means an individual who applies to be licensed under this chapter. See Delaware Code Title 24 Sec. 2002
- Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 2002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
- Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See Delaware Code Title 24 Sec. 2002
- Practice of occupational therapy: means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. See Delaware Code Title 24 Sec. 2002
- Substantially related: means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy. See Delaware Code Title 24 Sec. 2002
(b) The Board shall promulgate regulations specifically identifying crimes which are substantially related to the practice of occupational therapy.
(c) The Board shall adopt the administration, grading procedures, and passing score of the National Board for Certification in Occupational Therapy, Inc., or its successor, or a comparable alternative national or regional examination, if a national examination is not available.
65 Del. Laws, c. 172, § ?1; 71 Del. Laws, c. 293, § ?1; 74 Del. Laws, c. 262, § ?38; 81 Del. Laws, c. 424, § 6;