Michigan OT Jurisprudence cheat sheet

Occupational therapy is a licensed health profession under Article 15, Part 183 of the Michigan Public Health Code; a person must hold a Michigan OT or OTA license to practice or use the titles.

Licensure requires graduation from an ACOTE-accredited OT or OTA program, passing the NBCOT exam, and submitting a fingerprint-supported criminal background check to the Michigan Department of Licensing and Regulatory Affairs (LARA).

An OT license must be renewed every two years; the renewal cycle follows the licensee's birth year, and late renewal after expiration requires a $50 late fee plus completion of continuing education.

Continuing education: 24 contact hours per 2-year renewal cycle for OTs, including at least 2 hours in pain management and 2 hours in opioid awareness (per Michigan's 2018 opioid education requirement).

OTA continuing education is 20 contact hours per renewal cycle, with the same 2-hour pain and 2-hour opioid awareness requirements.

Grounds for disciplinary action include practicing beyond the scope of OT, failing to supervise an OTA or aide as required, and practicing with an expired or lapsed license.

A licensee must report a change of address to LARA within 30 days; failure to do so can result in a fine or license suspension.

The Michigan Board of Occupational Therapy (within LARA) adopts rules and advises on licensure, discipline, and standards of practice; the Public Health Code grants the Board authority to investigate complaints.

Unlicensed practice is a misdemeanor under the Public Health Code, punishable by fines and/or imprisonment; employing an unlicensed person to provide OT services is also a violation.

An OT must perform an initial evaluation and develop a written treatment plan before delegating treatment to an OTA; the OT is responsible for the plan's content and revisions.

Supervision of an OTA: the supervising OT must be available on-site or by telecommunication, must review and cosign OTA documentation within a timeframe set by agency policy (often 30 days), and must ensure the OTA does not perform evaluation, interpretation, or discharge planning.

An OT aide may perform non-skilled tasks (e.g., preparing equipment, clerical duties) only under direct supervision of an OT or OTA; aides may not provide skilled OT interventions.

The OT must obtain informed consent before evaluation and treatment, documenting the patient's or guardian's agreement and any refusal.

Documentation standards: records must be accurate, timely, and include evaluation findings, treatment goals, interventions, patient response, and discharge summary; alterations must be dated and signed.

Patient confidentiality is governed by HIPAA and Michigan law; OTs may disclose protected health information only with authorization or as required by law.

An OT must practice within the scope defined by the Michigan Occupational Therapy Practice Act and must refer patients to other providers when needs exceed OT scope.

Competence and impairment: an OT must not practice while impaired by alcohol or drugs and must maintain professional competence through continuing education and self-assessment.

Delegation to unlicensed assistive personnel is limited to tasks that do not require the judgment of an OT and must be supervised according to the setting's policies and the OT practice act.