California Business and Professions Code 2570.3 – (a) A person shall not practice occupational therapy or hold …
(a) A person shall not practice occupational therapy or hold themselves out as an occupational therapist or as being able to practice occupational therapy, or to render occupational therapy services in this state unless the person is licensed as an occupational therapist under the provisions of this chapter. A person shall not hold themselves out as an occupational therapy assistant or work as an occupational therapy assistant under the supervision of an occupational therapist unless the person is licensed as an occupational therapy assistant under this chapter.
(b) Only an individual may be licensed under this chapter.
Terms Used In California Business and Professions Code 2570.3
- Board: means the California Board of Occupational Therapy. See California Business and Professions Code 2570.2
- Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Business and Professions Code 2570.2
- Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Business and Professions Code 2570.2
- Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Business and Professions Code 2570.2
- Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Business and Professions Code 2570.2
- Person: means an individual, partnership, unincorporated organization, or corporation. See California Business and Professions Code 2570.2
- Physical agent modalities: means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See California Business and Professions Code 2570.2
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
(c) This chapter does not authorize an occupational therapist to practice physical therapy, as defined in Section 2620; speech-language pathology or audiology, as defined in Section 2530.2; nursing, as defined in Section 2725; psychology, as defined in Section 2903; marriage and family therapy, as defined in Section 4980.02; clinical social work, as defined in Section 4996.9; professional clinical counseling, as defined in Section 4999.20; educational psychology, as defined in Section 4989.14; or spinal manipulation or other forms of healing, except as authorized by this section.
(d) An occupational therapist may provide advanced practices if the occupational therapist has the knowledge, skill, and ability to do so and has demonstrated to the satisfaction of the board that the occupational therapist has met educational training and competency requirements. These advanced practices include the following:
(1) Hand therapy.
(2) The use of physical agent modalities.
(3) Swallowing assessment, evaluation, or intervention.
(e) An occupational therapist providing hand therapy services shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas:
(1) Anatomy of the upper extremity and how it is altered by pathology.
(2) Histology as it relates to tissue healing and the effects of immobilization and mobilization on connective tissue.
(3) Muscle, sensory, vascular, and connective tissue physiology.
(4) Kinesiology of the upper extremity, such as biomechanical principles of pulleys, intrinsic and extrinsic muscle function, internal forces of muscles, and the effects of external forces.
(5) The effects of temperature and electrical currents on nerve and connective tissue.
(6) Surgical procedures of the upper extremity and their postoperative course.
(f) An occupational therapist using physical agent modalities shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas:
(1) Anatomy and physiology of muscle, sensory, vascular, and connective tissue in response to the application of physical agent modalities.
(2) Principles of chemistry and physics related to the selected modality.
(3) Physiological, neurophysiological, and electrophysiological changes that occur as a result of the application of a modality.
(4) Guidelines for the preparation of the client, including education about the process and possible outcomes of treatment.
(5) Safety rules and precautions related to the selected modality.
(6) Methods for documenting immediate and long-term effects of treatment.
(7) Characteristics of the equipment, including safe operation, adjustment, indications of malfunction, and care.
(g) An occupational therapist in the process of achieving the education, training, and competency requirements established by the board for providing hand therapy or using physical agent modalities may practice these techniques under the supervision of an occupational therapist who has already met the requirements established by the board, a physical therapist, or a physician and surgeon.
(h) The board shall develop and adopt regulations regarding the educational training and competency requirements for advanced practices in collaboration with the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the Board of Registered Nursing, and the Physical Therapy Board of California.
(i) This chapter does not authorize an occupational therapist to seek reimbursement for services other than for the practice of occupational therapy as defined in this chapter.
(j) “Supervision of an occupational therapy assistant” means that the responsible occupational therapist shall at all times be responsible for all occupational therapy services provided to the client. The occupational therapist who is responsible for appropriate supervision shall formulate and document in each client’s record, with the occupational therapist’s signature, the goals and plan for that client, and shall make sure that the occupational therapy assistant assigned to that client functions under appropriate supervision. As part of the responsible occupational therapist’s appropriate supervision, the occupational therapist shall conduct at least weekly review and inspection of all aspects of occupational therapy services by the occupational therapy assistant.
(1) The supervising occupational therapist has the continuing responsibility to follow the progress of each client, provide direct care to the client, and to ensure that the occupational therapy assistant does not function autonomously.
(2) An occupational therapist shall not supervise more occupational therapy assistants, at any one time, than can be appropriately supervised in the opinion of the board. Three occupational therapy assistants shall be the maximum number of occupational therapy assistants supervised by an occupational therapist at any one time, but the board may permit the supervision of a greater number by an occupational therapist if, in the opinion of the board, there would be adequate supervision and the public’s health and safety would be served. In no case shall the total number of occupational therapy assistants exceed three times the number of occupational therapists regularly employed by a facility at any one time.
(Amended by Stats. 2023, Ch. 131, Sec. 4. (AB 1754) Effective January 1, 2024.)