General Terms and Definitions: Definitions: The following terms shall have the meaning set forth below, unless the context otherwise requires: 1. Board shall mean the Mississippi State Board of Health. 2. Council shall mean the Mississippi Advisory Council in Occupational Therapy. 3. License shall mean the document of licensure issued by the Board. 4. Act shall mean the "Mississippi Occupational Therapy Practice Law" sections 73- 24-1 et seq. of Mississippi Code of 1972, annotated. 5. Examination shall mean the examination approved by the Board. 6. Department shall mean the Mississippi State Department of Health. 7. Occupational therapy means the therapeutic use of purposeful and meaningful (goal-directed) activities and/or exercises to evaluate and treat an individual who has, or is at risk for, a disease or disorder, impairment, activity limitation or participation restriction which interferes with his ability to function independently in daily life roles and to promote health and wellness across his lifespan. 8. Occupational therapy intervention includes: a. remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological processes; b. adaptation of task, process or the environment, or the teaching of compensatory techniques in order to enhance functional performance; c. disability prevention methods and techniques which facilitate the development or safe application of functional performance skills; or d. health promotion strategies and practices which enhance functional performance abilities. 9. Occupational therapy service includes, but is not limited to: a. evaluating, developing, improving, sustaining or restoring skill in activities of daily living (ADLS), work or productive activities, including instrumental activities of daily living (IADLS), play and leisure activities; b. evaluating, developing, remediating or restoring physical, sensorimotor, cognitive or psycho social components of performance; c. designing, fabricating, applying or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices; d. adaptation of environments and processes, including the application of ergonomic principles, to enhance functional performance and safety in daily life roles; e. application of physical agent modalities as an adjunct to or in preparation for engagement in an occupation or functional activity; f. evaluating and providing intervention in collaboration with the client, family, caregiver or other person responsible for the client; g. educating the client, family, caregiver or others in carrying out appropriate nonskilled interventions; h. consulting with groups, programs, organizations or communities to provide population-based services; or i. participation in administration, education, and research, including both clinical and academic environments. 10. Occupational Therapist means a person licensed in this state to practice occupational therapy as defined in these regulations and whose license is in good standing. 11. Occupational Therapy Assistant means a person licensed to assist in the practice of occupational therapy under the supervision of or with the consultation of a licensed occupational therapist and whose license is in good standing. 12. Occupational Therapy Aide means a person who is not licensed in the field of occupational therapy and who assists occupational therapists and occupational therapy assistants in the practice of occupational therapy under direct supervision. The occupational therapy aides' activities require an understanding of occupational therapy. 13. Person means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter. 14. Direct supervision means the daily, direct, on-site contact at all times of a licensed occupational therapist or occupational therapy assistant when an occupational therapy aide assists in the delivery of patient care. 15. Association shall mean the Mississippi Occupational Therapy Association. 16. NBCOT is the National Board for Certification in Occupational Therapy 17. OTR is Occupational Therapist Registered 18. COTA is Certified Occupational Therapy Assistant Licensure Requirements: An applicant for a regular license as an occupational therapist or occupational therapy assistant shall submit to the Department, verified by oath, written evidence in form and content satisfactory to the Department that the applicant: 1. is of good moral character; 2. has been awarded a degree from an education program recognized by the Board; 3. has successfully completed a supervised field experience for an occupational therapy assistant, as reflected in the current accrediting standards; 4. has passed an examination approved by the Department; and 5. has paid the required fee(s). 6. For an occupational therapy assistant, the program shall be approved by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association or the board-recognized accrediting body. Foreign Trained Individuals: An applicant for licensure who has been trained as an occupational therapist or an occupational therapy assistant in a foreign country, and desires to be licensed pursuant to the laws of the State of Mississippi, shall submit to the Department, verified by oath, in form and content satisfactory to the Department: 1. that the applicant is of good moral character; and 2. that the applicant has successfully completed an educational program and a supervised fieldwork experience program for occupational therapists or occupational therapy assistants; and 3. documentary evidence that the educational program and the supervised fieldwork experience are substantially equivalent to that required of a non-foreign trained applicant for licensure; and 4. that the applicant has passed an examination approved by the Department; and 5. demonstrable proficiency in the English language by passing all of the following English language examinations with scores to be determined by the Department: a. Test of English as a Foreign Language (TOEFL); and b. Test of Spoken English (TSE); and c. Test of Written English (TWE). 6. An applicant who is a graduate of an accredited school of occupational therapy located in one of the following countries may request an exemption from the required English proficiency examinations: a. England b. Scotland c. Ireland d. Wales e. Australia f. New Zealand g. Canada (except the province of Quebec) 7. The department reserves the right to require a personal interview with any applicant from any of the above countries for final determination of the exemption request. Limited Permit: A limited permit to practice as an occupational therapist or occupational therapy assistant may be granted to an applicant for licensure meeting the applicable licensure requirements who has not taken the approved examination or has not received the results of the examination, subject to the conditions of Rule 8.4.5. SOURCE: Miss. Code Ann. §73-24-13 Rule 8.4.5 Conditions of a Limited Permit: 1. A limited permit shall be granted for a period not to exceed ninety (90) days. 2. A limited permit holder shall restrict his practice to the State of Mississippi. 3. Supervision of Limited Permit a. An occupational therapist issued a limited permit shall practice under the supervision of or in consultation with an occupational therapist currently licensed in Mississippi. Supervision or in consultation with an occupational therapist for the purposes of this section means direct contact at least every 2 weeks at each treatment facility, with interim contact occurring by other methods, such as telephone or written communication. b. An occupational therapy assistant issued a limited permit shall practice under the supervision of or in consultation with an occupational therapist currently licensed in Mississippi. Supervision or in consultation with for the purposes of this section means direct contact at least every week at each treatment facility, with interim supervision occurring by other methods, such as telephone or written communication. c. An occupational therapist issued a limited permit may not supervise any licensed OT or OTA. d. Direct contact for either an occupational therapist or an occupational therapy assistant should include: i. A review of activities with appropriate revision or termination of the plan of care ii. An assessment of utilization of outside resources (whenever applicable) iii. Documentary evidence of such visit iv. Discharge planning as indicated 4. Documentation in form and substance acceptable to the Department that the conditions of Rule 8.4.5(3)(a)(b) have been met must be on file with the Department before a limited permit will be issued. 5. The limited permit of a person who is required to take the approved examination and fails to take said examination will not be renewed. 6. A limited permit may be renewed, at the discretion of the department, only one time, through the date that the next examination results are made public. 7. Any person who has taken but not passed the required examination in another jurisdiction shall not be eligible for a limited permit. General Provisions for Renewal of License: 1. The Board shall issue licenses which shall be subject to renewal biennially. 2. The licensure period shall be construed as May 1 through April 30 of even numbered years. Procedure for Renewal of License: The Department shall mail renewal notices, approximately sixty (60) days prior to the end of the licensure period, to the last home address registered with the Department, to the persons to whom licenses were issued or renewed during the preceding licensure period. The licensee shall: 1. complete the renewal form(s); 2. submit proof of continuing education credit as detailed in the applicable laws, rules and regulations; 3. pay the renewal fee; and 4. file the above with the Department prior to the end of the licensure period. Exceptions and Exemptions Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities of: 1. Any person, licensed in this state by any other law, from engaging in the profession or occupation for which he or she is licensed; 2. Any person who is employed as an occupational therapist or occupational therapy assistant by the United States armed services, the U.S. Public Health Service, the Veteran's Administration or other federal agencies, if such person provides occupational therapy solely under the director or control of the organization by which he is employed; 3. Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited, recognized or approved educational program, or advanced training in a specialty area, if such activities and services constitute a part of the supervised course of study, and if such person is designated by a title which clearly indicates his status as a trainee or student; (revised 2/20/98) 4. Any person fulfilling the supervised fieldwork experience requirements of these regulations, if such activities and services constitute a part of the experience necessary to meet the requirements; 5. Any person employed as an occupational therapy aide or who works under the supervision of a licensed occupational therapist; or 6. Any person performing occupational therapy services in the state, if these services are performed for no more than thirty (30) days in a calendar year under the supervision of an occupational therapist licensed under this chapter, if: a. The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or b. The person is certified as an Occupational Therapist Registered (OTR) or a Certified Occupational Therapy Assistant (COTA), established by the National Board for Certification in Occupational Therapy (NBCOT) or its successor organization. 7. Any licensee who will supervise a person performing occupational therapy services in the state shall ensure that the following information is on file and satisfactory with the department prior to the person performing occupational therapy services: a. Proof that the person meets one or both of the requirements in of these regulations; and b. A schedule indicating when the person will be performing occupational therapy services; and c. The name(s) of the facility(ies) where the person will perform occupational therapy services. 8. Any person certified by the American Board of Certification in Orthotics and Prosthetics as a Certified Orthotist, C.O., Certified Prosthetist, C.P., Certified Prosthetist/Orthotist, C.P.O., or anyone working under their direct supervision.
