Section R4-43-101. Definitions

In addition to the definitions at A.R.S. § 32-3401, in this Chapter:

1.        “Facility of Practice” means the principal location of an agency or organization where an occupational therapist or occupational therapy assistant practices occupational therapy.

2.        “Good Moral Character” means an applicant has not been convicted of a felony or a misdemeanor within 5 years before application and never been convicted of a felony or misdemeanor involving moral turpitude.

3.        “Health Care Professional” means a person certified as an Occupational Therapist or an Occupational Therapy Assistant by the American Occupational Therapy Certifi- cation Board or the National Board for Certification in Occupational Therapy, Inc. or any medical professional licensed by A.R.S. Title 32 or the equivalent if licensed outside of Arizona.

4.        “Immediate area” means an occupational therapist is on the same floor and within 80 feet of an occupational ther- apy aide providing services to an occupational therapy patient.

5.        “Immorality or misconduct that tends to discredit the occupational therapy profession” means:

a.        Engaging in false advertising of occupational ther- apy services.

b.        Engaging in assault and battery of a patient, client, or other person with whom the licensee has a profes- sional relationship.

c.        Falsifying patient or client documentation or reports.

d.        Failing to provide appropriate supervision of an occupational therapy assistant or unlicensed person- nel performing occupational therapy.

e.        Failing to provide a comprehensive occupational therapy service compatible with current research within ethical and professional standards, or failing to provide services based upon an evaluation of the patient or client needs and appropriate treatment procedures.

f.         Failing to document or maintain patient treatment records, or failing to prepare patient or client reports within 30 days of service or treatment.

g.        Failing to renew a license while continuing to prac- tice occupational therapy.

h.        Falsely claiming to have performed a professional service, charging for a service not rendered, or rep- resenting a service as the licensee’s own when the licensee has not rendered the service or assumed supervisory responsibility for the service.

i.         Obtaining a fee, a referral fee, or other compensation by fraud or misrepresentation.

j.         Sexually inappropriate conduct with a client or patient, or with a former client or patient within 6 months after the termination of treatment.

k.        Signing a blank, undated, or unprepared prescription form.

l.         Using fraud, misrepresentation, or deception in assisting another person to obtain or attempt to obtain an occupational therapist or occupational therapy assistant license.

m.      Violating any federal law, state law, administrative rules, or regulations concerning the practice of occu- pational therapy.

n.        Violating rules or statutes concerning the training of unlicensed occupational therapy personnel or requir- ing an unlicensed person to provide occupational therapy services without proper training.

6.        “Licensee” means a person licensed in Arizona as an occupational therapist or an occupational therapy assis- tant.

7.        “Occupational therapy aide,” “unlicensed personnel,” and “occupational therapy technician” mean a person who is not licensed as an occupational therapist or occupational therapy assistant, working under the continuous supervi- sion of a licensed occupational therapist.

8.        “Physically present” means a supervising occupational therapist is present to observe the practice of occupational therapy.

9.        “Premises” means the building and the surrounding prop- erty in which the occupational therapy is practiced.

10.     “Person” means the same as in A.R.S. § 41-1001.

11.     “Supervision” means a collaborative process for the responsible periodic review and inspection of all aspects of occupational therapy services. The following levels of supervision are minimal. An occupational therapist may assign an increased level of supervision if necessary for the safety of a patient or client. The levels of supervision are:

a.        “Close supervision” means the supervising occupa- tional therapist provides initial direction to the occu- pational therapy assistant and daily contact while on the premises.

b.        “Continuous supervision” means the supervising occupational therapist is in the immediate area of the occupational therapy aide performing supportive services.

c.        “General supervision” means the supervising occu- pational therapist has face-to-face contact with the occupational therapy assistant at least once every 30-calendar days on a per patient or client basis while on the premises, with the supervising occupa- tional therapist available by telephone or by written communication.

d.        “Minimal supervision” means the supervising occu- pational therapist has face-to-face contact with the occupational therapy assistant at least once every 30-calendar days while on the premises.

e.        “Routine supervision” means the supervising occu- pational therapist has face-to-face contact with the occupational therapy assistant at least once every 15-calendar days on a per patient or client basis while on the premises, with the supervising occupa- tional therapist available by telephone or by written communication.

12.     “Supportive Services” means clerical and maintenance activities, preparation of work area or equipment, and delegated, routine aspects of an intervention session with a patient or client that require no adaptations by an occu- pational therapy aide.

Historical Note

Emergency rule adopted effective December 12, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again effective March 11, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency rule adopted again effective June 5, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Emergency rule adopted again effective September 8, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Adopted with changes effective Octo- ber 14, 1992 (Supp. 92-4). Amended effective November

6, 1997 (Supp. 97-4). Amended by final rulemaking at 5

A.A.R. 1427, effective April 22, 1999 (Supp. 99-2). Amended by final rulemaking at 6 A.A.R. 707, effective

January 25, 2000 (Supp. 00-1).