NEW JERSEY REGISTER
VOLUME 33, NUMBER 14
MONDAY, JULY 16, 2001
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OCCUPATIONAL THERAPY ADVISORY COUNCIL
GENERAL PROVISIONS; SCOPE OF PRACTICE; SUPERVISION OF OCCUPATIONAL THERAPY
ASSISTANTS; SUPERVISION OF TEMPORARY LICENSED OCCUPATIONAL THERAPIST AND
TEMPORARY LICENSED OCCUPATIONAL THERAPY ASSISTANT; GENERAL OBLIGATIONS OF
LICENSEES

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

Proposed New Rules: N.J.A.C. 13:44K-1, 5, 6, 7 and 8

Authorized By: Mark S. Herr, Director, Division of Consumer Affairs.

Authority: N.J.S.A. 45:9-37.51 et seq., specifically 45:9-37.75.

Proposal Number: PRN 2001-282.

Submit comments by August 15, 2001 to:

Laura Anderson, Executive Director

Occupational Therapy Advisory Council

124 Halsey Street

PO Box 45037

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to the Occupational Therapy Licensing Act, P.L. 1993, c.85, N.J.S.A. 45:9-37.51 et seq., (the Act), the Director of the Division of Consumer Affairs (the Director), in consultation with the Occupational Therapy Advisory Council (the Council), proposes new rules to govern the scope of occupational therapy practice, the supervision of occupational therapy assistants, temporary licensed occupational therapists and temporary licensed occupational therapy assistants and the general obligations of licensees, and regarding the unlicensed practice of occupational therapy services. The Director proposes the new rules in order to provide guidance to the individuals who will be seeking licensure to engage in the practice of occupational therapy services regarding their obligations and responsibilities in the provision of such services.

In proposed N.J.A.C. 13:44K-1.1, the Director sets forth the purpose and scope of the rules contained in N.J.A.C. 13:44K. In proposed N.J.A.C. 13:44K-1.2, definitions are provided for the following terms: act, client, consultative services, council, director, direct services, indirect services, licensee, occupational performance, occupational therapist, occupational therapy, occupational therapy assistant, occupational therapy services, program, purposeful activities, short term goals, supervision and task oriented activities.

The Director proposes subchapter 5 in order to delineate the scope of occupational therapy practice. In proposed N.J.A.C. 13:44K-5.1, the scope of practice of a licensed occupational therapist is defined to include the provision of direct, indirect or consultative services to a client,the administration of standardized and non-standardized assessments, the interpretation of such assessments to determine the need for an appropriate intervention plan for the client, the development and utilization of activities for the client, the design and fabrication of adaptive equipment, prosthetics and/or orthotic devices, consultation concerning adaptation of physical environments, as well as the utilization of physical modalities.

Proposed N.J.A.C. 13:44K-5.2 provides that the scope of practice for a licensed occupational therapy assistant, working under the supervision of a licensed occupational therapist, includes the provision of direct, indirect or consultative services to a client, the administration of standardized and non- standardized assessments, assisting in the development and implementation of an intervention plan, the development and utilization of activities for the client, the design and fabrication of adaptive equipment, consultation concerning adaptation of physical environments, and the utilization of physical modalities.

Proposed N.J.A.C. 13:44K-5.3 provides that a licensed occupational therapist may delegate selected occupational therapy services to occupational therapy assistants, temporary licensed occupational therapists, temporary licensed occupational therapy assistants, and occupational therapy students fulfilling the required fieldwork component of their educational training. Proposed subsection (b) provides that a licensed occupational therapist shall not delegate occupational therapy services to any person who has not been adequately prepared by verified training and education. Proposed subsection (b) further provides that no task may be delegated by an occupational therapist if the task requires specialized skill and an understanding of occupational therapy principles that are necessary to recognize and manage any complications which may result in harm to the client. Proposed subsection (c) provides that a licensed occupational therapist is responsible for proper supervision of all persons to whom he or she has delegated occupational therapy services. The degree of supervision is determined by the licensed occupational therapist, and is based on an evaluation of the condition of the client, the education, skill and training of the person to whom the delegation is made, and the nature of the task being delegated. Proposed N.J.A.C. 13:44K-5.3(d) provides that when any occupational therapy services are delegated, the supervising occupational therapist retains responsibility for all occupational therapy care of the client.

Subchapter 6 sets forth requirements for the supervision of occupational therapy assistants. Proposed N.J.A.C. 13:44K-6.1(a) provides that a licensed occupational therapy assistant may work only under the supervision of a licensed occupational therapist. Proposed subsection (b) provides that the supervising occupational therapist must retain responsibility at all times for the occupational therapy care of the client being treated by the occupational therapy assistant. Proposed subsection (c) provides that in the event of a change of the supervising occupational therapist, the subsequent supervisor will become the designated supervisor and shall assume responsibility for the ongoing supervision of any occupational therapy assistants.

Proposed N.J.A.C. 13:44K-6.2 sets forth the responsibilities of a designated supervisor. Proposed subsection (a) prohibits an occupational therapist from supervising more than five licensees, including occupational therapy assistants, temporary licensed occupational therapists or temporary licensed occupational therapy assistants. Proposed subsection (b) provides that an occupational therapist may supervise up to five occupational therapy students who are fulfilling the required fieldwork component of their educational training. Proposed subsection (c), however, provides that notwithstanding the provisions of subsections (a) and (b), no occupational therapist may supervise more than a total of seven individuals, irrespective of licensure status, at any one time. Proposed subsection (d) provides that a designated supervisor shall be responsible for the supervision of all occupational therapy assistants, and sets forth the type of supervision that is required. Pursuant to proposed subsection (e), a designated supervisor must determine the level of supervision required of each occupational therapy assistant, consistent with the condition of the client, the education skill and training of the assistant, and the nature of the tasks to be performed by the assistant. Proposed subsection (e) further provides that an occupational therapist must provide close supervision, which is defined as daily, face to face contact with the occupational therapy assistant, to any assistant who has been engaged in the practice of occupational therapy for less than one year on a full time basis, or has less than one year of full time work experience in the practice area in which care is being provided. Proposed subsection (f) provides that a designated supervisor supervising assistants with more than one year of experience may provide supervision of such occupational therapy assistants through telephone contact or written reports. Proposed subsection (g) prohibits an occupational therapist who has been engaged in the practice of occupational therapy for less than 1,200 hours over a two year period from acting as a supervisor. Subsection (h) requires a designated supervisor to maintain a plan of supervision for each occupational therapy assistant for whom the supervisor is responsible. Proposed subsections (i) and (j) set forth the procedure that must be followed by a supervisor who is unable to provide the requisite amount of supervision.

Proposed N.J.A.C. 13:44K-6.3 delineates the responsibilities of an occupational therapy assistant. Proposed subsection (a) provides that an occupational therapy assistant shall not render or continue to render client care unless he or she has obtained ongoing direction from his or her supervisor. Subsection (b) provides that an occupational therapy assistant shall be responsible for client care within the limits of his or her scope of practice. Proposed subsection (c) requires an occupational therapy assistant to maintain a record of supervision, which must include the name and license number of his or her supervisor and the date and type of supervision.

In proposed N.J.A.C. 13:44K-6.4, the Director sets forth the requirements that must be satisfied in order for an occupational therapist to properly delegate his or her supervision responsibilities. Subsection (a) provides that a supervisor who is responsible for providing close supervision of an occupational therapy assistant, a temporary licensed occupational therapist, temporary licensed occupational therapy assistant, or an occupational therapy student, may delegate his or her supervisory responsibility to an occupational therapy assistant who, in the professional judgment of the supervising occupational therapist, has been adequately educated and trained. Proposed subsection (b), however, prohibits a designated supervisor from delegating his or her responsibilities to an occupational therapy assistant who has less than 3,600 hours obtained over a five year period in the particular practice area in which the services are being provided. Proposed subsection (c) prohibits an occupational therapy assistant from supervising more than three persons at one time. Proposed subsection (d) provides that notwithstanding the delegation provisions of N.J.A.C. 13:44K-6.4, an occupational therapy may not supervise more than seven persons at one time, pursuant to the provisions of N.J.A.C. 13:44K-6.2. Proposed subsection (e) provides that despite any delegation of his or her supervision responsibilities, an occupational therapist retains responsibility for all occupational therapy care of the client.

In subchapter 7, the Director proposes requirements for the supervision of temporary licensed occupational therapists and temporary licensed occupational therapy assistants. Proposed N.J.A.C. 13:44K-7.1(a) provides that a temporary licensed occupational therapist or assistant may work only under the direct supervision of a licensed occupational therapist. Subsection (b) provides that the supervising occupational therapist must retain responsibility at all times for the occupational therapy care of the client being treated by a temporary licensee. Proposed subsection (c) provides that in the event of a change of the supervising occupational therapist, the subsequent supervisor will become the designated supervisor and must assume responsibility for the ongoing supervision of any temporary licensed occupational therapists and temporary licensed occupational therapy assistants.

Proposed N.J.A.C. 13:44K-7.2 sets forth the responsibilities of a designated supervisor. Proposed subsection (a) prohibits an occupational therapist from supervising more than five licensees, including occupational therapy assistants, temporary licensed therapists or temporary licensed occupational therapy assistants. Proposed subsection (b) provides that an occupational therapist may supervise up to five occupational therapy students who are fulfilling the required fieldwork component of their educational training. Proposed subsection (c), however, provides that notwithstanding the provisions of subsections (a) and (b), no occupational therapist may supervise more than a total of seven individuals at any one time. Proposed subsection (d) provides that a designated supervisor shall be responsible for the close supervision of temporary licensed occupational therapists and assistants, which requires daily, face to face contact with a temporary licensee at the location where the services are being provided. Pursuant to proposed subsection (e), a designated supervisor must maintain a plan of supervision for each temporary licensed occupational therapist or assistant for whom the supervisor is responsible. Proposed subsection (f) sets forth the procedure that must be followed by a supervisor who is unable to provide the requisite amount of supervision that is required pursuant to N.J.A.C. 13:44K-7.2(d).

Proposed N.J.A.C. 13:44K-7.3 delineates the responsibilities of a temporary licensed occupational therapist and temporary licensed occupational therapy assistant. Proposed subsection (a) provides that a temporary licensed occupational therapist or temporary licensed occupational therapy assistant may not provide or continue to provide client care unless he or she has obtained ongoing direction from his or her supervisor. Subsection (b) provides that a temporary licensed occupational therapist or temporary licensed occupational therapy assistant shall be responsible for client care within the limits of his or her scope of practice pursuant to N.J.A.C. 13:44K-5.2. Proposed subsection (c) requires a temporary licensed occupational therapist or temporary licensed occupational therapy assistant to maintain a record of supervision, which must include the name and license number of his or her supervisor and the date and type of supervision provided.

In subchapter 8, the Director sets forth the general obligations of all licensees. Proposed N.J.A.C. 13:44K-8.1(a) provides that a licensee must notify the Council, within 30 days, by certified mail, of any change in address which is on file with the Council. Proposed subsection (b) provides that service of an administrative complaint or other process initiated by the Attorney General, the Director or the Council, at the address on file with the Council will be deemed adequate notice to commence an inquiry or disciplinary proceeding. Proposed subsection (c) requires a licensee, within 30 days of receiving notice of any disciplinary action taken against him or her in another jurisdiction, to report to the Council his or her receipt of such notice.

Proposed N.J.A.C. 13:44K-8.2 requires a licensee whose name has been legally changed to forward to the Council evidence of the name change and a copy of the licensee's original license, with proof that he or she is the same person to whom the Council issued the license. Proposed subsection (b) provides that upon receipt of the above items and upon payment of the fee specified in N.J.A.C. 13:44K-11.1(a), the Council will issue the licensee a new license. Upon receipt of a new license, proposed subsection (c) requires a licensee to immediately remit his or her original license to the Council. Proposed subsection (d) requires a licensee to notify the Council, in writing, within 30 days of any change in a professional practice name that is on file with the Council.

Proposed N.J.A.C. 13:44K-8.3(a) provides that the offering or rendering of occupational therapy services by any person other than a licensed occupational therapist, an occupational therapy assistant, or a person who is exempt from licensure pursuant to N.J.S.A. 45:9-37.60 constitutes the unlicensed practice of occupational therapy. Proposed subsection (a) further provides that the use by any person, other than a license occupational therapist or a licensed occupational therapy assistant, of any designation which includes the words occupational therapist or occupational therapy assistant or the abbreviations O.T. or O.T.A., or any similar abbreviations will be deemed to be the unlicensed practice of occupational therapy. Pursuant to proposed subsection (c), a licensee may use only the designation which corresponds to his or her license.

In proposed N.J.A.C. 13:44K-8.4, the Director provides that it will be deemed professional misconduct for a licensee to aid or assist any person in engaging in the unlicensed practice of occupational therapy. Such conduct will subject the licensee to the penalties set forth in N.J.S.A. 45:1-21.

Social Impact

The proposed new rules will have a positive social impact upon individuals who apply for licensure and upon the consumers such individuals will serve. The proposed new rules at N.J.A.C. 13:44K-5.1 and 5.2, which establish the permissible scope of practice for occupational therapists and occupational therapy assistants, will help to ensure that only appropriate services are provided by Council licensees. In addition, the proposed new rules at N.J.A.C. 13:44K-6 and 7, which delineate the type and amount of supervision that must be provided to occupational therapy assistants and temporary licensed occupational therapists and assistants, will provide guidance to all licensees as to their obligations and responsibilities in the performance of occupational therapy services. The proposed new rule at N.J.A.C. 13:44K-8.13 will also provide guidance to licensees as to what conduct constitutes the unlicensed practice of occupational therapy. Because the Director believes that the proposed new rules will serve to guide all licensees in the performance of their duties, the proposed new rules will serve to protect the health, safety and welfare of the general public.

Economic Impact

The Director believes that proposed new rules N.J.A.C. 13:44K-6.2 and 7.2 may have an economic impact upon occupational therapy assistants and temporary licensed occupational therapists and assistants. Proposed new rules N.J.A.C. 13:44K-6.2 and 7.2, which provide that an occupational therapist may only supervise five occupational therapy assistants or temporary licensed occupational therapists and assistants, may affect the number of jobs available to occupational therapy assistants and temporary licensed persons in the State. A decrease in available employment opportunities for such persons, which may result from the requirements of the proposed new rules, may negatively impact the economic earning potential of these professionals. In addition, proposed new rules N.J.A.C. 13:44K-6.2 and 7.2 may have an economic impact upon applicants for licensure to engage in the practice of occupational therapy, to the extent that the rules limit the number of occupational therapy students who may be supervised by a single occupational therapist. If occupational therapy students are unable to obtain appropriate supervision, such students may be precluded from completing the required fieldwork component of their educational programs and may, as a result, be unable to qualify for licensure and obtain employment in the field of occupational therapy in the State. The Director, however, believes that any economic impact that may be borne by occupational therapy assistants, temporary licensed occupational therapists and assistants, and occupational therapy students as a result of the proposed new rules will be outweighed by the benefit to the general public in having such persons adequately supervised while they provide occupational therapy services.

Proposed new N.J.A.C. 13:44K-8.1, which requires a licensee to notify the Council of any change of address, and proposed new rule N.J.A.C. 13:44K-8.2, which requires a licensee to notify the Council of any personal or professional practice name change, may also have an economic impact upon licensees, to the extent that licensees must forward to the Council, by certified mail, notifications of such name or address changes. In addition, N.J.A.C. 13:44K- 8.2(b) requires licensees to remit payment of the fees specified in N.J.A.C. 13:44K-11.1(a)10 and 11, before the Council may issue a new license to a licensee who has changed his or her name. The Director believes that any costs associated with these administrative responsibilities will be minimal and will also be outweighed by the benefit to the general public in ensuring that current licensee information is maintained by the Council.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules are governed by N.J.S.A. 45:9-37.51 et seq. and are not subject to any Federal standards or requirements.

Jobs Impact

The Board believes that the proposed new rules may have an impact upon the number of jobs available to persons seeking licensure to engage in the practice of occupational therapy. Proposed new rules N.J.A.C. 13:44K-6.2 and 7.2, which provide that an occupational therapist may only supervise five occupational therapy assistants or temporary licensed occupational therapists and assistants, may affect the number of positions available to occupational therapy assistants and temporary licensed occupational therapists and assistants. To the extent that occupational therapy assistants and temporary licensed occupational therapists and assistants may be unable to obtain the requisite supervision, such persons will be precluded from providing occupational therapy services in the State. In addition, N.J.A.C. 13:44K-6.2 and 7.2, which provide that an occupational therapist may only supervise five occupational therapy students, may have an impact upon jobs in the State. To the extent that students will be unable to obtain supervision for the completion of the required fieldwork component of their educational programs, such students may be unable to satisfy all requirements for licensure and, thus, may be unable to obtain employment in the field of occupational therapy. The Director believes that any impact upon the number of jobs in the State as a result of the proposed new rules will be minimal, and that such impact is outweighed by the health and safety benefit to consumers associated with ensuring appropriate supervision of occupational therapy assistants and temporary licensed occupational therapists and assistants.

Agriculture Industry Impact

The Director does not believe that the proposed new rules will have any impact on the agriculture industry of the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Director to give a description of the types and an estimate of the number of small businesses to which the proposed new rules will apply. There are approximately 1,450 individuals expected to initially apply for licensure. If, for the purposes of the Act, the aforementioned individuals are deemed "small businesses," within the meaning of the Act, then the following analysis applies:

The Act requires the Director to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rules, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Director to estimate the initial and annual compliance costs, to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed new rules will impose several reporting requirements upon occupational therapists, occupational therapy assistants and temporary licensed occupational therapists and assistants. Specifically, N.J.A.C. 13:44K-8.1(a) requires all licensees to notify the Council by certified mail, within 30 days, of any change of address on file with the Council. N.J.A.C. 13:44K-8.1(c) also requires a licensee to notify the Council, within 30 days, of receiving a notice of disciplinary action taken against the licensee in another jurisdiction. N.J.A.C. 13:44K-8.2 requires a licensee whose name has been legally changed to forward to the Council by certified mail, within 30 days of such change, legal evidence of the name change. A licensee must also remit a copy of the licensee's original license, as well as proof that he or she is the same person to whom the Council issued the original license. In addition, a licensee must notify the Board in writing, within 30 days, of any change in a professional practice name on file with the Council.

The proposed new rules also impose various recordkeeping requirements upon occupational therapists, occupational therapy assistants and temporary licensed occupational therapists and assistants. N.J.A.C. 13:44K-5.1(a)3 requires an occupational therapist to develop an intervention plan for all clients. N.J.A.C. 13:44K-6.2(h) and 7.2(e) require an occupational therapist to maintain a plan of supervision for each occupational therapy assistant and temporary licensed occupational therapist or assistant he or she supervises. The supervision plan must include evidence of on-going supervision of each licensee for whom the occupational therapist acts as supervisor. N.J.A.C. 13:44K-6.3 and 7.3 also require all occupational therapy assistants and temporary licensed occupational therapist and assistants to maintain a record of supervision which must include the name and license number of his or her supervisor, the date when the licensee received supervision and the type of supervision that was provided.

The proposed new rules also impose compliance requirements on all occupational therapists, occupational therapy assistants, temporary licensed occupational therapists and temporary licensed occupational therapy assistants. N.J.A.C. 13:44K-5.1 establishes the scope of practice for all licensed occupational therapists and provides that such practice shall include the provision of direct, indirect or consultative services to a client, the administration of standardized and non-standardized assessments, the interpretation of such assessment to determine the need for an appropriate intervention plan for the client, the development and utilization of activities for the client, the design and fabrication of adaptive equipment, prosthetics and/or orthotic devices, consultation concerning adaptation of physical environments, as well as the utilization of physical modalities. N.J.A.C. 13:44K-5.2 establishes the scope of practice for all licensed occupational therapy assistants, working under the supervision of a licensed occupational therapist, and provides that such practice includes the provision of direct, indirect or consultative services to a client, the administration of standardized and non-standardized assessments, assisting in the development and implementation of an intervention plan, the development and utilization of activities for the client, the design and fabrication of adaptive equipment, consultation concerning adaptation of physical environments, and the utilization of physical modalities.

N.J.A.C. 13:44K-5.3 provides that a licensed occupational therapist may delegate selected occupational therapy services to occupational therapy assistants, temporary licensed occupational therapists, temporary licensed occupational therapy assistants, and occupational therapy students fulfilling the required fieldwork component of their educational training. N.J.A.C. 13:44K-5.3(b) provides that a licensed occupational therapist shall not delegate occupational therapy services to any person who has not been adequately prepared by verified training and education. Proposed subsection (b) further provides that no task may be delegated by an occupational therapist if the task requires specialized skill and an understanding of occupational therapy principles that are required to recognize and manage any complications which may result in harm to the client. N.J.A.C. 13:44K-5.3(c) provides that a licensed occupational therapist is responsible for proper supervision of all persons to whom he or she has delegated occupational therapy services. N.J.A.C. 13:44K-5.3(c) requires an occupational therapist to determine the degree of supervision required, based on an evaluation of the condition of the client, the education, skill and training of the person to whom the delegation is made, and the nature of the task being delegated. N.J.A.C. 13:44K-5.3(d) provides that when any occupational therapy services are delegated, the supervising occupational therapist retains responsibility for all occupational therapy care of the client.

N.J.A.C. 13:44K-6.1(a) provides that a licensed occupational therapy assistant may work only under the supervision of a licensed occupational therapist. Proposed N.J.A.C. 13:44K-6.1(b) states that the supervising occupational therapist must retain responsibility at all times for the occupational therapy care of the client being treated by the occupational therapy assistant. N.J.A.C. 13:44K-6.1(c) requires that in the event of a change of the supervising occupational therapist, the subsequent supervisor will become the designated supervisor and must assume responsibility for the ongoing supervision of any occupational therapy assistants.

N.J.A.C. 13:44K-6.2(a) prohibits an occupational therapist from supervising more than five licensees, including occupational therapy assistants, temporary licensed occupational therapists or temporary licensed occupational therapy assistants. N.J.A.C. 13:44K-6.2(b) provides that an occupational therapist may supervise up to five occupational therapy students who are fulfilling the required fieldwork component of their educational training. N.J.A.C. 13:44K- 6.2(c) provides, however, that under no circumstances may an occupational therapist supervise more than a total of seven individuals at any one time. N.J.A.C. 13:44K-6.2(d) requires that a designated supervisor be responsible for the supervision of all occupational therapy assistants, and sets forth the type of supervision that is required. N.J.A.C. 13:44K-6.2(e) requires that a designated supervisor must determine the level of supervision required for each occupational therapy assistant, consistent with the condition of the client, the education, skill and training of the assistant, and the nature of the tasks performed by the assistant. Proposed subsection (e) further provides that an occupational therapist must provide close supervision, which is defined as daily, face to face contact with the occupational therapy assistant, to any assistant who has been engaged in the practice of occupational therapy for less than one year on a full time basis, or has less than one year of full time work experience in the practice area in which care is being provided.

N.J.A.C. 13:44K-6.2(g) provides that a designated supervisor may, in certain circumstances, provide supervision of the occupational therapy assistant by telephone contact or written reports. Proposed new rule N.J.A.C. 13:44K-6.2(g) prohibits an occupational therapist who is engaged in the practice of occupational therapy for less than 1,200 hours over a two year period from acting as a supervisor. N.J.A.C. 13:44K-6.2(i) and (j) set forth the procedure that must be followed by a supervisor who is unable to provide the requisite amount of supervision.

N.J.A.C. 13:44K-6.3(a) provides that an occupational therapy assistant shall not render or continue to render client care unless he or she has obtained ongoing direction from his or her supervisor. N.J.A.C. 13:44K- 6.3(b) provides that an occupational therapy assistant shall be responsible for client care within the limits of his or her scope of practice.

N.J.A.C. 13:44K-6.4(a) provides that a supervisor who is responsible for providing close supervision of an occupational therapy assistant, temporary licensed occupational therapist, temporary licensed occupational therapy assistant, or occupational therapy student, may delegate his or her supervisory responsibility to an occupational therapy assistant who, in the professional judgment of the supervising occupational therapist, has been adequately educated and trained. N.J.A.C. 13:44K-6.4(b) prohibits a designated supervisor from delegating his or her responsibilities to an occupational therapy assistant who has less than 3,600 hours obtained over a five year period in the particular practice area in which the services are being provided. N.J.A.C. 13:44K-6.4(c) prohibits an occupational therapy assistant from supervising more than three persons at one time. N.J.A.C. 13:44K-6.4(d) provides that notwithstanding the delegation provisions of N.J.A.C. 13:44K- 6.4, an occupational therapist may not supervise more than seven persons at one time, pursuant to the provisions of N.J.A.C. 13:44K-6.2. N.J.A.C. 13:44K- 6.4(e) provides that despite any delegation of his or her supervision responsibilities, an occupational therapist retains responsibility for all occupational therapy care of the client.

N.J.A.C. 13:44K-7.1(a) provides that a temporary licensed occupational therapist or assistant may work only under the direct supervision of a licensed occupational therapist. N.J.A.C. 13:44K-7.1(b) provides that the supervising occupational therapist must retain responsibility at all times for the occupational therapy care of the client being treated by a temporary licensed occupational therapist or assistant. N.J.A.C. 13:44K-7.1(c) provides that in the event of a change of the supervising occupational therapist, the subsequent supervisor will become the designated supervisor and must assume responsibility for the ongoing supervision of any temporary licensed occupational therapists and temporary licensed occupational therapy assistants.

N.J.A.C. 13:44K-7.2(a) prohibits an occupational therapist from supervising more than five licensees, including occupational therapy assistants, temporary licensed therapists or temporary licensed occupational therapy assistants. N.J.A.C. 13:44-7.2(b) provides that an occupational therapist may supervise up to five occupational therapy students who are fulfilling the required fieldwork components of their educational training. N.J.A.C. 13:44K-7.2(c), however, provides that in no case may an occupational therapist supervise more than a total of seven individuals at any one time. N.J.A.C. 13:44-7.2(d) provides that a designated supervisor shall be responsible for the close supervision of temporary licensed occupational therapists and assistants, which requires daily, face to face contact with and frequent observations of the performance of a temporary licensee at the location where the services are being provided. N.J.A.C. 13:44K-7.2(f) sets forth the procedure that must be followed by a supervisor who is unable to provide the requisite amount of supervision that is required pursuant to N.J.A.C. 13:44K-7.2(d).

N.J.A.C. 13:44K-7.3(a) provides that a temporary licensed occupational therapist or temporary licensed occupational therapy assistant may not provide or continue to provide client care unless he or she has obtained ongoing direction from his or her supervisor. N.J.A.C. 13:44K-7.3(b) provides that a temporary licensed occupational therapist or temporary licensed occupational therapy assistant shall be responsible for client care within the limits of his or her scope of practice pursuant to N.J.A.C. 13:44K-5.2.

N.J.A.C. 13:44K-8.2(b) requires licensees to remit the required information as well as the fees specified in N.J.A.C. 13:44K-11.1(a), in order for the Council to issue the licensee a new license. N.J.A.C. 13:44K-8.2(c) requires a licensee to immediately remit his or her original license to the Council. N.J.A.C. 13:44K-8.3(c) provides that a licensee may use only the designation which corresponds to his or her license. N.J.A.C. 13:44K-8.4 provides that it will be deemed professional misconduct for a licensee to aid or assist any person in engaging in the unlicensed practice of occupational therapy. Such conduct will subject the licensee to the penalties set forth in N.J.S.A. 45:1-21.

No additional professional services will be needed to comply with the proposed new rules, nor will the proposed new rules impose any additional compliance costs upon Council licensees. Since the Director proposes these new rules in order to promote the health, welfare and safety of the general public, the new rules will be uniformly applied to all licensees and, therefore, no differing compliance requirements have been provided for any potential licensees based on the size of the business.

Full text of the proposed new rules follows:

SUBCHAPTER 1.<<+ +>><<-(RESERVED)->> <<+GENERAL PROVISIONS+>>

<< NJ ADC 13:44K-1.1 >>

<<+13:44K-1.1 Purpose and scope+>>

<<+(a) The rules in this chapter implement the provisions of the Occupational Therapy Licensing Act (the Act), N.J.S.A. 45:9-37.51 et seq., and regulate the practice of occupational therapy within the State of New Jersey.+>>

<<+(b) Except as set forth in (c) below, this chapter shall apply to all applicants for licensure as an occupational therapist or occupational therapy assistant and licensees who offer or practice occupational therapy in the State of New Jersey.+>>

<<+(c) This chapter shall not apply to those individuals exempt from the licensure requirements of the Act pursuant to N.J.S.A. 45:9-37.60.+>>

<< NJ ADC 13:44K-1.2 >>

<<+13:44K-1.2 Definitions+>>

<<+The following words and terms, as used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:+>>

<<+"Act" means the Occupational Therapy Licensing Act codified at N.J.S.A. 45:9-37.51 et seq.+>>

<<+"Client" means a person, group of persons or a system, that are the recipients of professional services rendered by a licensed occupational therapist, a licensed occupational therapy assistant or a temporary licensed occupational therapist or assistant in medical, health, educational, vocational or social settings.+>>

<<+"Consultative services" means the provision of expert or professional advice to a client or other interested party with regard to therapeutic activities or approaches which may be utilized in order to improve the occupational performance of a client.+>>

<<+"Council" means the Occupational Therapy Advisory Council established pursuant to N.J.S.A. 45:9-37.54.+>>

<<+"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.+>>

<<+"Direct services" means occupational therapy techniques that are individually designed and that are provided by an occupational therapist, an occupational therapy assistant or a temporary licensed occupational therapist or assistant to a client in order to improve the occupational performance of the client.+>>

<<+"Indirect services" means occupational therapy techniques that are individually designed, but which do not require direct interaction with the client, for the purpose of directing or advising others in therapeutic activities or approaches which may be used in order to improve the occupational performance of the client.+>>

<<+"Licensee" means any individual holding a license issued by the Council.+>>

<<+"Occupational performance" means the performance of life skills, roles and functions, including work, recreation and leisure skills and the activities of daily living that are affected by sensory, motor, perceptual, cognitive and/or psycho-social abilities.+>>

<<+"Occupational therapist" means a person licensed to practice occupational therapy pursuant to the provisions of the Act and this chapter.+>>

<<+"Occupational therapy" means the evaluation, planning and implementation of a program of purposeful activities to develop or maintain functional skills necessary to achieve the maximum physical and/or mental functioning of the client for optimum occupational performance.+>>

<<+"Occupational therapy assistant" means a person licensed pursuant to the provisions of the Act and this chapter to assist in the practice of occupational therapy under the supervision of an occupational therapist on a regularly scheduled basis for the purpose of planning, review or evaluation of occupational therapy services.+>>

<<+"Occupational therapy services" means the use of specific techniques which enhance the functional performance of a client, including the evaluation and assessment of a client's self care, lifestyle performance patterns, work skills, performance related cognitive, sensory, motor, perceptual, affective, interpersonal and social functioning, vocational and prevocational capacities. Occupational therapy services also includes the design, fabrication and application of adaptive equipment or prosthetic or orthotic devices, excluding dental devices, the utilization of physical agent modalities, the administration of standardized and non-standardized assessments and consultation, including recommendations for the adaptation of physical environments.+>>

<<+"Program" means a procedure for solving a problem, including the collection of data, the processing and presentation of test results and the recommended use of purposeful activities, in order to achieve optimal occupational performance.+>>

<<+"Purposeful activities" means acts and occupations of craftsmanship and workmanship, as well as creative, educational, or other activities, which in whole or in part are used to correct, compensate for or prevent dysfunction in the tasks and activities of everyday living, and which simultaneously incorporate personally and culturally relevant biological, psychological and social elements that produce positive adaptation and motivational behavior.+>>

<<+"Short term goals" means occupational therapy goals established for no longer than one year.+>>

<<+"Supervision" means the responsible and direct involvement of a licensed occupational therapist with an occupational therapy assistant, a temporary licensed occupational therapist, a temporary licensed occupational therapy assistant, or an occupational therapy student fulfilling the required fieldwork component of his or her educational training, for the development of an occupational therapy treatment plan and the periodic review of the implementation of that plan.+>>

<<+"Task oriented activities" means purposeful activities having an explicit, observable and measurable short-term goal which contributes to the well-being of clients.+>>

<<-SUBCHAPTERS 5 THROUGH 10 (RESERVED)->>

<<+SUBCHAPTER 5. SCOPE OF PRACTICE+>>

<< NJ ADC 13:44K-5.1 >>

<<+13:44K-5.1 Scope of practice of a licensed occupational therapist+>>

<<+(a) The scope of practice of a licensed occupational therapist shall include:+>>

<<+1. The provision of direct, indirect and/or consultative services to a client affected by physical, psycho-social, cognitive, congenital and/or developmental disorders or the aging process, to improve and/or prevent loss of physical or mental functioning and to promote wellness;+>>

<<+2. The administration of standardized and/or non-standardized assessments and/or the observation of a client and the environment to identify areas of functional abilities or deficits, in order to determine whether occupational therapy services are needed. Areas which may be assessed shall include the performance of activities of daily living, including recreation, leisure or work related skills which are affected by sensory, motor, perceptual, cognitive and/or psycho-social abilities;+>>

<<+3. The interpretation of the results of the assessment process described in (a)2 above, to determine the need for an intervention plan for the client. Such a plan shall be developed and administered by the occupational therapist in collaboration with the client, the client's family and related medical, health, educational or social agencies or professionals;+>>

<<+4. The development and utilization of, and education and training in, purposeful, task-oriented activities for the client to improve, restore and/or maintain optimal performance of life skills, roles and functions including work, recreation, leisure skills and activities of daily living;+>>

<<+5. The design, fabrication, application and/or selection of adaptive equipment, prosthetics and/or orthotic devices, except dental devices;+>>

<<+6. Consultation concerning the adaptation of physical environments; and+>>

<<+7. The utilization of physical modalities, as an adjunct to, or in preparation for, purposeful activities to enhance occupational performance.+>>

<< NJ ADC 13:44K-5.2 >>

<<+13:44K-5.2 Scope of practice of a licensed occupational therapy assistant+>>

<<+(a) The scope of practice of a licensed occupational therapy assistant, working under the supervision of a licensed occupational therapist as provided in N.J.A.C. 13:44K-6.1, shall include:+>>

<<+1. The provision of direct, indirect and/or consultative services to a client affected by physical, psycho-social, cognitive, congenital and/or developmental disorders or the aging process, to improve and/or prevent loss of physical or mental functioning and to promote wellness;+>>

<<+2. The administration of standardized and/or non-standardized assessments and/or the observation of a client and the environment to assist in the identification of functional abilities or deficits, in order to help determine whether occupational therapy services are needed. Areas which may be assessed shall include the performance of activities of daily living, including recreation, leisure or work related skills which are affected by sensory, motor, perceptual, cognitive and/or psycho-social abilities;+>>

<<+3. Assisting in the development and implementation of an intervention plan for the client;+>>

<<+4. The development and utilization of, and education and training in, purposeful, task-oriented activities for the client to improve, restore and/or maintain optimal performance of life skills, roles and functions including work, recreation, leisure skills and the activities of daily living;+>>

<<+5. The design, fabrication, application and/or selection of adaptive equipment, prosthetics and/or orthotic devices, except dental devices;+>>

<<+6. Consultation concerning the adaptation of physical environments; and+>>

<<+7. The utilization of physical modalities, as an adjunct to, or in preparation for, purposeful activity to enhance occupational performance.+>>

<< NJ ADC 13:44K-5.3 >>

<<+13:44K-5.3 Delegation of occupational therapy services+>>

<<+(a) A licensed occupational therapist may delegate selected occupational therapy services within his or her lawful scope of practice to licensedoccupational therapy assistants, temporary licensed occupational therapists, temporary licensed occupational therapy assistants and to occupational therapy students fulfilling the required fieldwork component of their educational training.+>>

<<+(b) In delegating selected occupational therapy services, the licensed occupational therapist shall be responsible for exercising that degree of judgment and knowledge reasonably expected to assure that a proper delegation has been made. A licensed occupational therapist shall not delegate the performance of an occupational therapy service to persons who have not been adequately prepared by verified training and education. No task may be delegated which is within the scope of practice of the occupational therapist and requires:+>>

<<+1. The substantial knowledge and skill derived from completion of an occupational therapy education program and the specialized skill, judgment and knowledge of a licensed occupational therapist; and+>>

<<+2. An understanding of occupational therapy principles necessary to recognize and manage complications which may result in harm to the health and safety of the client.+>>

<<+(c) The licensed occupational therapist shall be responsible for the proper supervision of persons to whom delegation of occupational therapy services is made. Such supervision shall be either close, routine or general supervision. For purposes of this subsection, "close supervision" means daily, face to face contact with and frequent observation of the performance of the occupational therapy assistant at the location where his or her services are being rendered; "routine supervision" means face to face contact with and observation of the performance of the occupational therapy assistant at least once a week at the location where his or her services are being rendered; and "general supervision" means face to face contact with and observation of the performance of the occupational therapy assistant at least once every two weeks at the location where his or her services are being rendered. The degree of supervision exercised over such persons shall be determined by the licensed occupational therapist consistent with the requirements set forth in N.J.A.C. 13:44K-6.2 and based on an evaluation of:+>>

<<+1. The condition of the client;+>>

<<+2. The education, skill and training of the person to whom delegation is being made; and+>>

<<+3. The nature of the tasks and the activities being delegated.+>>

<<+(d) When occupational therapy services are delegated pursuant to the provisions of (a), (b) and (c) above, the supervising occupational therapist shall retain responsibility for all occupational therapy care of the client.+>>

<<+SUBCHAPTER 6. SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS+>>

<< NJ ADC 13:44K-6.1 >>

<<+13:44K-6.1 Supervision requirement: occupational therapy assistant+>>

<<+(a) A licensed occupational therapy assistant shall work only under the supervision of a licensed occupational therapist on a regularly scheduled basis pursuant to the provisions of this subchapter.+>>

<<+(b) The supervising occupational therapist shall retain responsibility for the occupational therapy care of the client being treated by the occupational therapy assistant.+>>

<<+(c) In the event of a change of the supervising occupational therapist, the subsequent supervisor shall assume responsibility for the ongoing supervision of any occupational therapy assistant(s) providing care to a client and shall become the designated supervisor.+>>

<< NJ ADC 13:44K-6.2 >>

<<+13:44K-6.2 Responsibilities of designated supervisor+>>

<<+(a) An occupational therapist shall not supervise more than five licensees, including occupational therapy assistants, temporary licensed occupational therapists or temporary licensed occupational therapy assistants.+>>

<<+(b) An occupational therapist may supervise five occupational therapy students who are fulfilling the required fieldwork component of their educational training.+>>

<<+(c) Notwithstanding the provisions of (a) and (b) above, a licensed occupational therapist shall not supervise more than seven persons at one time.+>>

<<+(d) A designated supervisor shall be responsible for the close, routine or general supervision of an occupational therapy assistant, as defined in this section. For purposes of this section, "close supervision" means daily, face to face contact with and frequent observation of the performance of the occupational therapy assistant at the location where his or her services are being rendered; "routine supervision" means face to face contact with and observation of the performance of the occupational therapy assistant at least once a week at the location where his or her services are being rendered; and "general supervision" means face to face contact with and observation of the performance of the occupational therapy assistant at least once every two weeks at the location where his or her services are being rendered.+>>

<<+(e) A designated supervisor shall determine the level of supervision required of each occupational therapy assistant consistent with the condition of the client, the education, skill and training of the occupational therapy assistant and the nature of the tasks and activities to be performed by the occupational therapy assistant; provided, however, that a designated supervisor shall provided close supervision for any occupational therapy assistant who:+>>

<<+1. Has been engaged in the practice of occupational therapy for less than one year on a full-time basis; or+>>

<<+2. Has less than one year of full-time work experience in a practice area.+>>

<<+(f) When providing routine or general supervision of an occupational therapy assistant, a designated supervisor may also provide interim supervision of the occupational therapy assistant through telephonic or written communications, including reports and/or conferences, between the supervisor and the occupational therapy assistant.+>>

<<+(g) Notwithstanding the provisions of (a) through (d) above, an occupational therapist who has less than 1,200 hours of work experience obtained over a two year period shall not supervise any persons engaged in the practice of occupational therapy services.+>>

<<+(h) A designated supervisor shall maintain a written plan of supervision which shall include evidence of the ongoing supervision of each occupational therapy assistant for whom the supervisor is responsible.+>>

<<+(i) A designated supervisor who is unavailable to provide occupational therapy assistants with either routine or general supervision as required in (d) through (f) above, for two or more contact periods, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.+>>

<<+(j) A designated supervisor who is unable to provide occupational therapy assistants with close supervision as required in (e) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.+>>

<< NJ ADC 13:44K-6.3 >>

<<+13:44K-6.3 Responsibilities of an occupational therapy assistant+>>

<<+(a) An occupational therapy assistant shall not render nor continue to render client care unless he or she has obtained ongoing direction from his or her designated supervisor.+>>

<<+(b) An occupational therapy assistant shall be responsible for clients within the limits of his or her scope of practice pursuant to N.J.A.C. 13:44K-5.2.+>>

<<+(c) An occupational therapy assistant shall maintain a record of supervision which shall include the name and license number of his or her designated supervisor, the date when the occupational therapy assistant received supervision and the type of supervision that was provided.+>>

<< NJ ADC 13:44K-6.4 >>

<<+13:44K-6.4 Delegation of supervision responsibilities+>>

<<+(a) A designated supervisor providing close supervision of an occupational therapy assistant, a temporary licensed occupational therapy assistant or an occupational therapy student, may delegate his or her supervisory responsibility for the daily, face to face contact with and frequent observation of the performance of the occupational therapy assistant, the temporary licensed occupational therapy assistant or the occupational therapy student, to an occupational therapy assistant who, in the professional judgment of the supervising occupational therapist, has been adequately prepared by verified training and education in the provision of occupational therapy services consistent with the requirements set forth at N.J.A.C. 13:44K-2.1.+>>

<<+(b) Notwithstanding the provisions of (a) above, no designated supervisor shall delegate his or her responsibilities for close supervision of an occupational therapy assistant to an occupational therapy assistant who has less than 3,600 hours of work experience obtained within a five year period in the particular practice area in which services are being provided.+>>

<<+(c) A licensed occupational therapy assistant who has been delegated supervision responsibilities pursuant to (a) and (b) above, shall not supervise more than three persons at one time.+>>

<<+(d) Notwithstanding the provisions of (a), (b) and (c) above, a licensed occupational therapist shall not supervise more than seven persons at one time, pursuant to the provisions of N.J.A.C. 13:44K-6.2.+>>

<<+(e) When supervision of an occupational therapy assistant, a temporary licensed occupational therapy assistant or an occupational therapy student is delegated pursuant to the provisions of (a), (b), (c) and (d) above, the supervising occupational therapist shall retain responsibility for all occupational therapy care of the client.+>>

<<+SUBCHAPTER 7. SUPERVISION OF TEMPORARY LICENSED OCCUPATIONAL THERAPIST AND TEMPORARY LICENSED OCCUPATIONAL THERAPY ASSISTANT+>>

<< NJ ADC 13:44K-7.1 >>

<<+13:44K-7.1 Supervision requirement: temporary licensed occupational therapist and temporary licensed occupational therapy assistant+>>

<<+(a) A temporary licensed occupational therapist or a temporary licensed occupational therapy assistant shall work only under the direct supervision of a licensed occupational therapist or licensed occupational therapy assistant pursuant to the provisions of this subchapter.+>>

<<+(b) The supervising occupational therapist shall be responsible for the occupational therapy care of the client being treated by a temporary licensed occupational therapist or a temporary licensed occupational therapy assistant.+>>

<<+(c) In the event of a change of the supervising occupational therapist, the subsequent supervisor shall assume responsibility for the ongoing supervision of any temporary licensed occupational therapist(s) or occupational therapy assistant(s) providing care to the client and shall become the designated supervisor.+>>

<< NJ ADC 13:44K-7.2 >>

<<+13:44K-7.2 Responsibilities of designated supervisor+>>

<<+(a) An occupational therapist shall not supervise more than five persons, including occupational therapy assistants, temporary licensed occupational therapists or temporary licensed occupational therapy assistants.+>>

<<+(b) A licensed occupational therapist may supervise five occupational therapy students who are fulfilling the required fieldwork component of their educational training.+>>

<<+(c) Notwithstanding the provisions of (a) and (b) above, a licensed occupational therapist shall not supervise more than seven persons at one time.+>>

<<+(d) A designated supervisor shall be responsible for the close supervision of a temporary licensed occupational therapist or temporary licensed occupational therapy assistant. For purposes of this subsection, "close supervision" means daily, face to face contact with and frequent observation of the performance of a temporary licensee at the location where his or her services are being rendered.+>>

<<+(e) A designated supervisor shall maintain a plan of supervision which shall include evidence of the ongoing supervision of each temporary licensee for whom the supervisor is responsible.+>>

<<+(f) A designated supervisor who is unavailable to provide licensees with supervision as required by (a) through (c) above, for more than one day, shall arrange for substitute supervision by a licensed occupational therapist, who shall follow the established plan of supervision.+>>

<< NJ ADC 13:44K-7.3 >>

<<+13:44K-7.3 Responsibilities of a temporary licensed occupational therapist or a temporary licensed occupational therapy assistant+>>

<<+(a) A temporary licensed occupational therapist or a temporary licensed occupational therapy assistant shall not render nor continue to render care unless he or she has obtained ongoing direction from his or her designated supervisor.+>>

<<+(b) A temporary licensed occupational therapist shall be responsible for client care within the limits of his or her scope of practice pursuant to N.J.A.C. 13:44K-5.1. A temporary licensed occupational therapy assistant shall be responsible for care within the limits of his or her scope of practice pursuant to N.J.A.C. 13:44K-5.2.+>>

<<+(c) A temporary licensed occupational therapy assistant or a temporary licensed occupational therapy assistant shall maintain a record of supervision which shall include the name and license number of his or her designated supervisor, the date when the temporary licensee received supervision and the type of supervision that was provided.+>>

<<+SUBCHAPTER 8. GENERAL OBLIGATIONS OF LICENSEES+>>

<< NJ ADC 13:44K-8.1 >>

<<+13:44K-8.1 Notification of change of address; service of process+>>

<<+(a) A licensee shall notify the Council, within 30 days, of any change in address on file with the Council by certified mail, return receipt requested, and shall specify whether the address is a residence or employment address.+>>

<<+(b) Service of an administrative complaint or other process initiated by the Attorney General, the Director or the Council at the address on file with the Council shall be deemed adequate notice for the commencement of an inquiry or disciplinary proceeding.+>>

<<+(c) A licensee shall, within 30 days of receiving a notice of disciplinary action taken against the licensee in another jurisdiction, report to the Council in writing his or her receipt of such notification.+>>

<< NJ ADC 13:44K-8.2 >>

<<+13:44K-8.2 Notification of change of name or practice name+>>

<<+(a) A licensee whose name has been legally changed shall forward to the Council by certified mail, return receipt requested, no later than 30 days following the change of name, the following:+>>

<<+1. Legal evidence of such change; and+>>

<<+2. A copy of the licensee's original license with proof that he or she is the same person to whom the Council issued the license.+>>

<<+(b) Upon receipt of the items set forth in (a) above and upon payment of the fees specified in N.J.A.C. 13:44K-11.1(a)10 and 11, the Council shall issue to the individual a new license.+>>

<<+(c) Upon receipt of the new license as set forth in (b) above, the licensee shall immediately remit the original license to the Council.+>>

<<+(d) A licensee shall notify the Council by certified mail, return receipt requested, within 30 days, of any change in a professional practice name on file with the Council.+>>

<< NJ ADC 13:44K-8.3 >>

<<+13:44K-8.3 Unlicensed practice of occupational therapy+>>

<<+(a) The following acts or practices shall be deemed to be the unlicensed practice of occupational therapy:+>>

<<+1. Offering or rendering occupational therapy services by any person other than a licensed occupational therapist, an occupational therapy assistant or a person who is exempt from licensure under the Occupational Therapy Licensing Act, pursuant to N.J.S.A. 45:9-37.60;+>>

<<+2. The use by any person other than a licensed occupational therapist or a licensed occupational therapy assistant of:+>>

<<+i. Any title or designation which includes the words occupational therapist or occupational therapy assistant which may mislead the public; or+>>

<<+ii. The abbreviations O.T. or O.T.A., or any similar abbreviations.+>>

<<+(b) A licensee shall use only the title or designation corresponding to his or her license.+>>

<< NJ ADC 13:44K-8.4 >>

<<+13:44K-8.4 Aiding and abetting unlicensed practice+>>

<<+It shall be professional misconduct for a licensee to aid or assist any person engaging in conduct that violates N.J.A.C. 13:44K-8.3 and shall constitute a deviation from the normal standards of practice required of a license, which may subject the licensee to the penalties of N.J.S.A. 45:1- 21.+>>

<<+SUBCHAPTERS 9 AND 10 (RESERVED)+>>


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Posted July 16, 2001