Bill 356

                    Current Status

Bill Number:               356
Ratification Number:       630
Act Number                 552
Introducing Body:          Senate
Subject:                   Definitions used in the South Carolina
                           Occupational Therapy Practice Act

(A552, R630, S356)

AN ACT TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.

Be it enacted by the General Assembly of the State of South Carolina:

Items renumbered

SECTION 1. Section 40-36-20(5) and (6) of the 1976 Code are respectively renumbered as Section 40-36-20(6) and (7).

Occupational therapy aide

SECTION 2. Section 40-36-20 of the 1976 Code is amended by adding:

"(5) 'Occupational therapy aide' means a person who has received on-the-job training in occupational therapy and is employed in an

occupational therapy setting. An occupational therapy aide must be under direct supervision during working hours."

Limited permits

SECTION 3. Section 40-36-50 of the 1976 Code is amended to read:

"Section 40-36-50. A limited permit may be granted to persons who have completed the education and experience requirements of this act but not the examination. The permit allows him to practice occupational therapy under the direct supervision of a licensed occupational therapist and is valid until the date on which the results of the next qualifying examination are made public. The permit may be renewed once only, if the applicant fails the examination."

Applications for licenses

SECTION 4. Section 40-36-120 of the 1976 Code is amended to read:

"Section 40-36-120. An applicant for a license as an occupational therapist or an occupational therapy assistant shall file a written application on forms provided by the board showing to the satisfaction of the board that he:

(1) has successfully completed the academic requirements of an accredited educational program in occupational therapy with concentration in biologic or physical science, psychology, or sociology and with education in selected manual skills. For an occupational therapist the essentials of such a program must be accredited by the American Medical Association in collaboration with the American Occupational Therapy Association. For an occupational therapy assistant, the program must be approved by the American Occupational Therapy Association;

(2) has successfully completed a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where he met the academic requirements. For an occupational therapist a minimum of six months of supervised field work experience is required. For an occupational therapy assistant a minimum of two months of supervised field work experience is required; and

(3) has passed an examination approved by the board."

Examinations for licensure

SECTION 5. Section 40-36-130 of the 1976 Code is amended to read:

"Section 40-36-130. (1) Any person applying for licensure shall, in addition to demonstrating his eligibility in accordance with the requirements of Section 40-36-120, pass an examination approved by the board.

(2) In case of failure at any examination the applicant has the privilege of a second examination. In case of a second failure the applicant, to be eligible for a third examination, in addition to the requirements for previous examination, has to wait a specific period not to exceed one year before reexamination.

(3) Applicants may obtain their examination scores in accordance with rules the board may establish."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.