58-42a-501.  Unlawful conduct.
     “Unlawful conduct,” as defined in Section 58-1-501 and as may be further defined by division rule, includes:

(1)  engaging or offering to engage in the practice of occupational therapy unless licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-42a-304;

Terms Used In Utah Code 58-42a-501

  • Fraud: Intentional deception resulting in injury to another.
  • Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
  • Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
  • Person: means :Utah Code 48-2e-1156
  • Practice of occupational therapy: includes :
(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual;
(ii) modifying or adapting an activity or environment to enhance an individual's performance;
(iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities;
(iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities;
(v) performance-barrier prevention for an individual, including disability prevention;
(vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including:
(A) body functions and structures;
(B) habits, routines, roles, and behavioral patterns;
(C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and
(D) motor, process, communication, interaction, and other performance skills;
(vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including:
(A) the therapeutic use of occupations and exercises;
(B) training in self-care, self-management, home-management, and community and work reintegration;
(C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions;
(D) the education and training of an individual's family members and caregivers;
(E) care coordination, case management, and transition services;
(F) providing consulting services to groups, programs, organizations, or communities,
(G) modifying the environment and adapting processes, including the application of ergonomic principles;
(H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
(I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management;
(J) driver rehabilitation and community mobility;
(K) enhancing eating and feeding performance; and
(L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-42a-501. See Utah Code 58-42a-102
  • (2)  using the title occupational therapist or occupational therapy assistant unless licensed under this chapter;

    (3)  employing or aiding and abetting an unqualified or unlicensed person to engage or offer to engage in the practice of occupational therapy unless the person is exempted from licensure under Section 58-1-307 or 58-42a-304; and

    (4)  obtaining a license under this chapter by means of fraud, misrepresentation, or concealment of a material fact.

    Repealed and Re-enacted by Chapter 432, 2015 General Session

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