K.A.R. 100-54-1.  Application.  (a)  Each applicant for licensure as an occupational therapist or occupational therapy assistant shall submit the application on a form provided by the board.  The form shall include the following information in plain, legible writing:
(1) The applicant’s full name;
(2) the applicant’s social security number or individual tax identification number;
(3) the applicant’s mailing address.  If the applicant’s mailing address is different from the applicant’s residential address, the applicant shall also provide the residential address;
(4) the applicant’s home and business telephone numbers;
(5) the applicant’s date and place of birth;
(6) the name of an educational program recognized under K.A.R. 100-54-2 from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;
(7) employment information for the five years before the date of application;
(8) information regarding licenses, registrations, or certifications issued to the applicant to practice as an occupational therapist or occupational therapy assistant;
(9) information regarding any prior acts that could constitute grounds for denial of the application;
(10) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application; and
(11) information on whether the applicant is currently certified or registered by an occupational therapy national organization.
(b) Each applicant shall submit the following with the application:
(1) The fee required by K.A.R. 100-54-4;
(2) an official transcript from an educational program recognized by the board under K.A.R. 100-54-2 and a notarized copy of a diploma from a recognized educational program;
(3) a verification on a form provided by the board of each license, registration, or certification issued to the applicant by any state or the District of Columbia relating to occupational therapy;
(4) a current photograph of the applicant taken within 90 days of the date the application is received by the board; and
(5) the results of a written examination recognized and approved by the board under K.A.R. 100-54-3, which shall be provided directly to the board from the testing entity.
(c) The applicant shall sign the application under oath.
(d) Any applicant who cannot provide the documents required by paragraph (b)(2) may arrange for a certificate to be provided directly to the board by a recognized educational program showing the program that the applicant attended, the dates of attendance, the degree obtained, and the date of graduation.
(e) The occupational therapist council shall consider every application from persons who have neither been engaged in an educational program recognized by the board nor engaged in the practice of occupational therapy during the five years preceding the date of the application.  The council shall then make its recommendation to the board.  (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5404, K.S.A. 65-5406, and K.S.A. 2004 Supp. 65-5410; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended  Jan. 15, 1999; amended Sept. 23, 2005.)

K.A.R. 100-54-2. Education requirements. (a)  An educational program for licensure as an occupational therapist shall be recognized by the board if the program meets the “standards for an accredited educational program for the occupational therapist,” adopted December 1998 by the accreditation council for occupational therapy education and hereby adopted by reference.
(b) An educational program for licensure as an occupational therapy assistant shall be recognized by the board if the program meets the “standards for an accredited educational program for the occupational therapy assistant,” adopted December 1998 by the accreditation council for occupational therapy education and hereby adopted by reference. (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5406; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003.)

K.A.R. 100-54-3. Examinations. (a)  Each applicant for licensure as an occupational therapist or occupational therapy assistant shall submit proof of having passed a nationally administered, standardized examination.  This examination shall be one that is approved by the board and consists of written questions from the following content areas of occupational therapy:
(1) Human development and performance;
(2) principles and strategies in the identification and evaluation of strengths and needs;
(3) principles and strategies in intervention and treatment planning;
(4) principles and strategies in intervention;
(5) the nature of the occupation and occupational performance;
(6) service management; and
(7) the individual’s responsibilities as a professional.
(b) In order to qualify as board-approved, the entry-level certification examination for an occupational therapist administered by the national board for certification in occupational therapy, inc. shall meet the standards for an examination established by the board in subsection (a).
(c) In order to qualify as board-approved, the entry-level certification
examination for an occupational therapy assistant administered by the national board for certification in occupational therapy, inc. shall meet the standards for an examination established by the board in subsection (a).
(d)  To qualify for a license, each applicant for a license as an occupational therapist and occupational therapy assistant shall obtain a minimum criterion-scaled score of 450 on the required examination. (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5407; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan.15, 1999; amended Nov. 21, 2003.)

K.A.R. 100-54-4. Fees. The following fees shall be collected by the board:
            (a) Application for license.................. $80.00
            (b) License renewal:
            (1) Paper renewal................................ $75.00
            (2) On-line renewal............................. $72.00
            (c) License late renewal:
            (1) Paper late renewal......................... $80.00
            (2) On-line late renewal....................... $77.00
            (d) License reinstatement.................... $80.00
            (e) Certified copy of license............... $15.00
            (f) Temporary license.......................... $25.00
(Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5409; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended May 1, 1998; amended Sept. 29, 2000; amended Jan. 10, 2003; amended Nov. 21, 2003; amended,  T-100-3-19-04, March 19, 2004; amended July 23, 2004; amended March 7, 2008.)

K.A.R. 100-54-5. Unprofessional conduct; defined. “Unprofessional conduct” means any of the following: (a) Using fraudulent or false advertisements;
(b) engaging in occupational therapy under a false or assumed name, or by impersonating another person licensed by the board as an occupational therapist or occupational therapy assistant;
(c) practicing occupational therapy without reasonable skill and safety because of illness; disability; excessive use of alcohol or drugs; illegal use of controlled substances, chemicals, or any other type of material; or as a result of any mental or physical condition;
(d) having an occupational therapy license, registration, or certification revoked, suspended, or limited, or an application for any of these denied by the proper regulatory authority of another  state, territory, District of Columbia, or other country;
(e) cheating or attempting to subvert the validity of the examination required for licensure;
(f) having been found either not guilty by reason of insanity or incompetent to stand trial by a court of competent jurisdiction;
(g) failing to furnish the board, its investigators, or its representatives any information legally requested by the board;
(h) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5410 and amendments thereto;
(i) surrendering a license, registration, or certification to practice occupational therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-5410 and amendments thereto;
(j) being professionally incompetent, as defined in K.S.A. 65-2837 and amendments thereto;
(k) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;
(l) providing occupational therapy to a patient without the consent of the patient or the patient’s legal representative;
(m) willfully betraying confidential information;
(n) using any advertisement that is false, misleading, or deceptive in a material respect;
(o) committing conduct likely to deceive, defraud, or harm the public;
(p) making a false or misleading statement regarding the licensee’s skill, which shall include providing any form of occupational therapy without appropriate education, training, and  knowledge in the specific therapeutic methods used;
(q) committing any act of sexual, psychological, or physical abuse, or exploitation;
(r) obtaining any fee by fraud, deceit, or misrepresentation;
(s) charging an excessive fee for services rendered;
(t) failing to keep written records justifying the course of treatment of the patient; or
(u) delegating occupational therapy to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it. (Authorized by K.S.A. 65-5405 and 65-5410;  implementing K.S.A. 65-5410; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003.)

K.A.R. 100-54-6. License; temporary license; renewal; late renewal. (a) Each license issued by the board shall expire on March 31 of each year.
(b) A temporary license shall be issued by the board to each applicant for licensure who meets the requirements for licensure or the requirements for licensure except examination, pays the temporary license fee, and has not been guilty of unprofessional conduct. 
(c) The license specified in subsection (a) may be renewed annually. Each request for renewal shall be submitted on a form provided by the board and shall be accompanied by the following:
(1) The prescribed license renewal fee; and
(2) proof of satisfactory completion of a program of continuing education as required by the board.
(d) Each license not renewed by March 31 shall expire.  Any expired license may be renewed within 30 days of expiration, upon request of the licensee. Each request for late renewal shall be submitted on the same form as that for a request for renewal and shall be accompanied by the  following:
(1) The prescribed license renewal fee and the late renewal fee; and
(2) proof of satisfactory completion of a program of continuing education as required by the board. (Authorized by K.S.A. 65-5405; implementing K.S.A. 2004 Supp. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Dec. 27, 1993; amended Jan. 15, 1999; amended Nov. 21, 2003; amended Sept. 23, 2005.)

K.A.R. 100-54-7. Continuing education; license renewal. (a) (1) Each licensee shall submit evidence of completing a minimum of 40 contact hours of continuing education during the preceding 24 months. Evidence of this attainment shall be submitted before or with the application for renewal in each odd-numbered year.
(2) No evidence of continuing education shall be required for license renewal in even-numbered years.
(b) A licensee initially licensed within one year of a renewal date when evidence of continuing education must be submitted shall not be required to submit evidence of satisfactory completion of a program of continuing education required by paragraph (a)(1) for that first renewal period. Each licensee who was initially licensed or whose license has been reinstated for more than one year but fewer than two years from a renewal date when continuing education required by paragraph (a)(1) must be submitted shall be required to submit evidence of satisfactory completion of at least 20 contact hours of continuing education.
(c) Any licensee who cannot meet the requirements of paragraph (a)(1) or subsection (b) may request an extension from the board. The request shall include a plan for completion of the continuing education requirements within the requested extension period. An extension of not more than six months may be granted by the board for good cause shown.
(d) A contact hour shall consist of 60 minutes of instruction.
(e) The content of the continuing education classes or literature shall be related to the field of occupational therapy or similar areas.
(f) Each licensee shall acquire continuing education from the classes of education experiences defined in subsection (g). The licensee shall acquire a minimum of 30 contact hours from class I, class IV, or class V. A maximum of 20 contact hours may be acquired from class I as defined in paragraph (g)(1)(G). A maximum of eight contact hours may be acquired from class II. A maximum of two contact hours may be acquired from class III. A maximum of 30 contact hours may be acquired from class V. A maximum of 10 contact hours may be acquired from class VI.
(g) Continuing education experiences shall be classified as follows.
(1) Class I: attendance at or participation in an education presentation. Class I continuing education experiences shall include the following types of education offerings.
(A) Lectures. A “lecture” means a discourse given for instruction before an audience or through a teleconference.
(B) Panels. A “panel” means the presentation of a number of views by several professional individuals on a given subject, with none of the views considered a final solution.
(C) Workshops. A “workshop” means a series of meetings designed for intensive study, work, or discussion in a specific field of interest.
(D) Seminars. A “seminar” means directed advanced study or discussion in a specific field of interest.
(E) Symposiums. A “symposium” means a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and presented by various speakers.
(F) College or university courses. Ten contact hours shall be given for each college credit hour with a grade of at least “C” or a “pass” in a pass/fail course.
(G) Other courses. An “other course” means a home study, correspondence, or internet course for which the provider of the activity evaluates the licensee’s knowledge of the subject matter presented in the continuing education activity.
(2) Class II: in-service training. A maximum of four contact hours may be given for attending in-service training. A maximum of four contact hours may be given for instructing the in-service training, but no additional hours shall be acquired for attending that particular in-service training.
(3) Class III: professional reading. A maximum of two contact hours may be given for reading professional literature, whether printed or provided by audiotapes, videotapes, or electronic media.
(4) Class IV: professional publication. The maximum number of contact hours that may be given for professional publication shall be as follows:
(A) 30 hours for publication of a book or original paper; and
(B) 15 hours for a review paper, case report, abstract, or book review.
(5) Class V: instructor preparation of class I programs. Each licensee who presents a class I continuing education program or its equivalent shall receive three class V contact hours for each hour of presentation. No credit shall be granted for any
subsequent presentations on the same subject matter.
(6) Class VI: fieldwork supervision of level II students. Five contact hours may be given for supervising a level II student's full-time fieldwork for at least a six-week period or its equivalent. Ten contact hours may be given for supervising fieldwork for at least a 12-week period or its equivalent.
(h) Each licensee shall submit documented evidence of attendance at, participation in, or presentation to class I and class II continuing education activities. Each licensee shall submit personal verification for class III activities. Copies of publications shall be submitted for verification of class IV activities. Verification of class VI fieldwork supervision shall be submitted by the licensee's employer.
(i) Instructional staff shall be competent in the subject matter and in the methodology of instruction and learning processes as evidenced by experience, education, or publication. (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Feb. 14, 1997; amended Nov. 21, 2003; amended July 6, 2007.)

K.A.R. 100-54-8. Continuing education; expired, canceled, and revoked licenses. (a) If the license has expired but has not been canceled, no continuing education shall be required in addition to the continuing education that would have been necessary if the license had been renewed before its expiration.
(b) Each applicant who wishes to reinstate a license that has been canceled shall submit proof of continuing education as follows:
(1) If the applicant has continuously held an active license in another state or the District of Columbia since the date on which the Kansas license was canceled, the applicant shall submit proof of the applicant’s current license, registration, or certification from that jurisdiction.
(2) If the time since the license was canceled has been one year or less, no continuing education in addition to the continuing education that would have been necessary if the license had been renewed before cancellation shall be required.
(3) If the time since the license was canceled has been more than one year but fewer than two years, the applicant shall complete a minimum of 20 contact hours.
(4) If the time since the license was canceled has been at least two years but fewer than three years, the applicant shall complete 40 contact hours.
(5) If the time since the license was canceled has been at least three years, the applicant shall complete an educational program related to continued competency approved by the board.
(c) An occupational therapist or an occupational therapy assistant whose license has been reinstated within one year of a renewal date when evidence of continuing education must be submitted shall not be required to submit evidence of satisfactory completion of a program of continuing education for that first renewal period. Each licensee whose license has been reinstated for more than one year but fewer than two years from a renewal date when continuing education must be submitted shall be required to submit evidence of satisfactory completion of at least 20 contact hours of continuing education.
(d) Each applicant seeking reinstatement of a revoked license shall be required to successfully complete a program approved by the board. (Authorized by K.S.A. 65-5405; implementing K.S.A. 2006 Supp. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003; amended Sept. 23, 2005; amended July 6, 2007.)

K.A.R. 100-54-9. Occupational therapy assistants; information to board. Before an occupational therapist allows an occupational therapy assistant to work under the occupational therapist’s direction, the occupational therapist shall inform the board of the following:
(a)  the name of each occupational therapy assistant who intends to work under the direction of that occupational therapist; (b) the occupational therapy assistant’s place of employment; and
(c) the address of the employer. (Authorized by K.S.A. 65-5405 and implementing K.S.A. 65-5406; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended January 15,1999.) 

K.A.R. 100-54-10.  Delegation and supervision.  (a) Occupational therapy procedures delegated by an occupational therapist or occupational therapy assistant to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall be performed under the direct, on-site supervision of a licensed occupational therapist or occupational therapy assistant.
(b)(1) “Occupational therapy technician” as used in this regulation, shall mean  “occupational therapy tech” pursuant to K.S.A. 65-5419 and amendments thereto.
(2) An occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall mean an individual who provides support services to the occupational therapist and occupational therapy assistant.
(c) A task delegated to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional by an occupational therapist or occupational therapy assistant shall not exceed the level of training, knowledge, skill, and competence of the individual being supervised.  The occupational therapist or occupational therapy assistant shall be responsible for the acts or actions performed by the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional functioning in a practice setting.
(d) Each occupational therapist and each occupational therapy assistant shall delegate only specific tasks to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional that meet all of the following conditions:
(1) The tasks are routine in nature.
(2) The treatment outcome is predictable.
(3) The task does not require judgment, interpretation, or adaptation by the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional.
(e)  The tasks that an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional may perform shall include the following specifically selected routine tasks:
(1) Clerical, secretarial, or administrative duties;
(2) transportation of patients, clients, or students;
(3) preparation or setup of the treatment equipment and work area;
(4) attending to a patient’s, client’s, or student’s needs during treatment; and
(5) maintenance or restorative services to patients, clients, or students.
(f) Any occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional may assist in the delivery of occupational therapy services.  However, no occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall provide independent treatment or use any title or description implying that the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional is a provider of occupational therapy services.
(g) An occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall not perform any of the following:
(1) Interpret referrals or prescriptions for occupational therapy services;
(2) evaluate treatment procedures;
(3) develop, plan, adjust, or modify treatment procedures;
(4) act on behalf of the occupational therapist or occupational therapy assistant relating to direct patient care that requires judgment or decision making; and
(5) act independently or without the supervision of an occupational therapist or occupational therapy assistant.  (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5419; effective Sept. 23, 2005.)

K.A.R. 100-54-11.  Occupational therapists; ownership of corporation or company.  (a) Licensed occupational therapists shall not hold more than 49 percent of the total number of shares issued by a professional corporation that is organized to render the professional services of a physician, surgeon or doctor of medicine, osteopathic physician or surgeon, podiatrist, dentist, or optometrist.
(b) Licensed occupational therapists shall not contribute more than 49 percent of the total amount of capital to a professional liability company that is organized to render the professional services of a physician, surgeon or doctor of medicine, osteopathic physician or surgeon, podiatrist, dentist, or optometrist.
(c) This regulation shall be effective on and after January 1, 2006.  (Authorized by K.S.A. 17-2716 and K.S.A. 2004 Supp. 65-5421; implementing K.S.A. 2004 Supp. 65-5421; effective Jan. 1, 2006.)