South Carolina Code of Regulations Chapter 94 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY
South Carolina Code of Regulations Chapter 94 falls under the Department of Labor, Licensing and Regulation (LLR) and specifically pertains to the South Carolina Board of Occupational Therapy. These regulations establish the comprehensive framework for the licensure, practice, and professional conduct of occupational therapists (OTs) and occupational therapy assistants (OTAs) within the state.
The core mission of the South Carolina Board of Occupational Therapy, as reflected in Chapter 94, is to safeguard the public's health, safety, and welfare. It achieves this by:
Setting standards for licensure: Ensuring that only qualified individuals with the necessary education, experience, and examination success are authorized to practice.
Defining the scope of practice: Clearly outlining the professional activities that OTs and OTAs are permitted to perform.
Establishing ethical guidelines and professional conduct standards: Promoting competent, ethical, and safe delivery of occupational therapy services.
Investigating complaints and enforcing disciplinary actions: Addressing violations of the Occupational Therapy Practice Act or the Board's regulations to protect consumers and maintain professional integrity.
Mandating continuing education: Ensuring that licensees maintain and enhance their professional competence throughout their careers.
Here's a breakdown of the key areas typically covered in South Carolina Code of Regulations Chapter 94:
Article 1 - Definitions (§ 94-01): Provides clarity on terms used throughout the regulations, such as "occupational therapist," "occupational therapy assistant," "supervision," "ACOTE" (Accreditation Council for Occupational Therapy Education), and "NBCOT" (National Board for Certification in Occupational Therapy).
Article 2 - Officers of the Board; Meetings (§ 94-02 to 94-03): Outlines the administrative structure and procedural rules for the Board's operations, including the roles of its officers and how meetings are conducted.
Article 3 - Licensing Provisions (§ 94-04 to 94-07): This is a critical section detailing the requirements for obtaining and maintaining a license for both OTs and OTAs. This includes:
Educational Requirements: Graduation from an ACOTE-approved occupational therapy educational program.
Fieldwork Experience: Completion of a specified amount of supervised fieldwork experience.
Examination Requirements: Passing the National Board for Certification in Occupational Therapy (NBCOT) examination (OTR for OTs, COTA for OTAs) and often a state-specific jurisprudence exam testing knowledge of South Carolina's laws and regulations.
Application Procedures: The process for initial licensure, licensure by endorsement (for out-of-state licensees), and temporary licenses.
Background Checks: Often includes requirements for state and federal criminal background checks.
Article 4 - Continuing Education (§ 94-08): Mandates continuing education requirements for license renewal. For example, OTs and OTAs in South Carolina are generally required to complete 16 hours of continuing education every two years. The Board reserves the right to audit these requirements.
Article 5 - Fees (§ 94-09): Specifies the various fees charged by the Board for applications, initial licenses, biennial renewals, late penalties, reactivations, verifications, and other administrative services.
Article 6 - Code of Ethics (§ 94-10): Establishes the ethical principles and standards of conduct that all licensed occupational therapy personnel must adhere to. This includes principles such as:
Beneficence (concern for the well-being and safety of clients).
Nonmaleficence (avoiding harm).
Autonomy (respecting the right of self-determination).
Justice (fairness and objectivity).
Veracity (truthfulness).
Fidelity (loyalty and respect).
Specific rules on avoiding conflicts of interest, maintaining confidentiality, proper documentation, and professional boundaries.
Supervision Requirements: While not always a separate article, these regulations detail the level and type of supervision required for occupational therapy assistants and students by licensed occupational therapists.
Disciplinary Actions: Outlines the grounds for disciplinary action (e.g., unprofessional conduct, incompetence, violations of regulations), the investigation process, and potential penalties (e.g., fines, reprimands, suspension, or revocation of license).
In conclusion, South Carolina Code of Regulations Chapter 94 provides the essential regulatory framework for the South Carolina Board of Occupational Therapy to effectively govern the practice of occupational therapy, ensuring that professionals meet high standards and that the public receives safe and effective care.
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