Delaware Code Title 24 Sec. 2008 – Qualifications of applicant; report to Attorney General; judicial …
(a) An applicant who is applying for licensure as an occupational therapist or occupational therapy assistant under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:
(1) Has successfully completed the academic requirements of an educational program in occupational therapy that the Board recognizes. The occupational therapy education program and occupational therapist assistant educational program must be accredited by the Accreditation Council for Occupational Therapy Education.
a., b. [Repealed.]
(2) Has successfully completed a period of supervised field work experience arranged by the recognized educational institution where the applicant has met the academic requirements, or by the nationally recognized professional association.
(3) Has achieved the passing score on the written standardized examination developed by the National Board for Certification in Occupational Therapy, Inc., or its successor.
(4) a. Has not been the recipient of any administrative penalties regarding the applicant’s practice of occupational therapy, including fines; formal reprimands; license suspensions or revocation, except for license revocations for nonpayment of license renewal fees; or probationary limitations.
b. Has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license.
c. The Board may determine, after a hearing, whether an administrative penalty included in paragraphs (a)(4)a. and (a)(4)b. of this section is grounds to deny licensure.
(5) Has no impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of occupational therapy in a manner consistent with the safety of the public.
(6) Does not have a criminal conviction record or pending criminal charge relating to an offense that is substantially related to the practice of occupational therapy. Applicants who have criminal conviction records or pending criminal charges for an offense that is substantially related to the practice of occupational therapy that is not excluded from consideration under § 8735(x)(4) of Title 29 shall request that the appropriate authorities provide information about the record or charge directly to the Board. The Board shall waive this paragraph (a)(6) if, after a hearing or review of documentation and consideration of the factors set forth under § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a quorum, finds that granting a waiver would create an unreasonable risk to public safety.
a.-d. [Repealed.]
(7) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.
(8) a. Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain all of the following:
1. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history record relating to that applicant.
2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records.
b. An applicant may not be licensed to practice occupational therapy until the applicant’s criminal history reports have been produced. The Board may not license an applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of occupational therapy unless a waiver is granted under paragraph (a)(6) of this section.
Terms Used In Delaware Code Title 24 Sec. 2008
- 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
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
- Occupational therapist: means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words "occupational therapy" "occupational therapist" or any similar title or description of 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
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- 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) If the Board finds to its satisfaction that an applicant has been intentionally fraudulent or intentionally supplied false information, it shall report its findings to the Attorney General for further action.
(c) If the Board refuses or rejects an application and the applicant believes that the Board has acted without justification, imposed higher or different standards for that applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may appeal to the Superior Court.
(d) Licensees must be fingerprinted by the State Bureau of Identification, at the licensee‘s expense, for the purposes of performing subsequent criminal background checks.
65 Del. Laws, c. 172, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 293, § ?1; 74 Del. Laws, c. 262, § ?39; 75 Del. Laws, c. 210, § ?1; 75 Del. Laws, c. 436, § ?18; 77 Del. Laws, c. 199, § ?16; 78 Del. Laws, c. 44, §§ ?32, 33; 79 Del. Laws, c. 277, § ?5; 81 Del. Laws, c. 424, § 8; 83 Del. Laws, c. 433, § 14;