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Michigan OT Jurisprudence: Michigan Public Health Code requirements for occupational therapists

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Michigan Public Health Code requirements for occupational therapists

Domain 1: Michigan Public Health Code requirements for occupational therapists

This domain tests the statutory layer of Michigan OT practice: who must be licensed, what the license authorizes, and what conduct triggers discipline. The controlling law is Part 183 of the Public Health Code (MCL 333.18301 et seq.), administered through the Board of Occupational Therapy and LARA.

Licensure and title protection

  • A person must hold a Michigan OT or OTA license before practicing occupational therapy or holding out as an occupational therapist or occupational therapy assistant. Aiding unlicensed practice is itself a violation.
  • Applicants must meet education, fieldwork, examination, and character requirements set by statute and Board rules; licensure by endorsement and temporary licensure are limited pathways, not substitutes for full licensure.
  • The Board advises on qualifications and discipline; LARA issues licenses and handles complaints.

Scope and nondelegable OT functions

The statute defines OT as evaluation and treatment to improve or restore function in daily activities, including adaptation, environmental modification, and prevention. The OT performs evaluation, interpretation, treatment planning, and discharge decisions; OTAs deliver delegated interventions under OT supervision. Supervision does not permit an OTA to make the OT's professional judgments.

Renewal and discipline

Licenses renew on a two-year cycle; Board rules require continuing education, including ethics content, and documentation. Discipline may follow fraud, incompetence, negligence, practicing beyond scope, impairment, criminal conviction, or rule violations.

Worked example

An OT is behind on evaluations and asks an OTA to "do the initial evaluation and write the plan." The correct answer: the OTA may not perform the initial evaluation or establish the plan. The OT must evaluate, interpret findings, and plan; the OTA may carry out delegated treatment tasks and report results. The statutory scope and supervision rules make this a nondelegable OT duty.

Traps

  • Treating an OTA license as an independent practice license.
  • Assuming temporary or endorsement status is unrestricted.
  • Forgetting that discipline can arise from conduct outside direct patient care, such as falsifying records or aiding unlicensed practice.
  • Confusing national certification with Michigan licensure.