Missouri OT Jurisprudence flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Missouri Board of Occupational Therapy

The state board within the Division of Professional Registration that licenses occupational therapists and occupational therapy assistants, adopts rules, and investigates complaints and imposes discipline under the Practice Act.

Occupational Therapy Practice Act

Missouri statute in Chapter 334 that defines occupational therapy, establishes licensure requirements, authorizes the Board, and sets grounds for discipline of licensees.

Code of State Regulations 20 CSR 2220

The Board of Occupational Therapy's published rules covering licensure, supervision, continuing education, and professional conduct for occupational therapy practitioners in Missouri.

Division of Professional Registration

The Missouri department that administers licensing boards, including the occupational therapy board, and processes applications, renewals, complaints, and disciplinary actions.

Unlicensed practice prohibition

Practicing occupational therapy or holding oneself out as an occupational therapist or assistant without a current Missouri license is a violation subject to discipline or legal action.

Rulemaking process

Board rules are proposed, published in the Missouri Register, opened for public comment, then filed and published in the Code of State Regulations under the Administrative Procedure Act.

Board disciplinary authority

The Board may investigate complaints and impose reprimand, probation, suspension, or revocation, and may seek civil penalties through the administrative process.

OT initial evaluation duty

Only the occupational therapist performs and interprets the initial evaluation and designs the intervention plan; the assistant implements the plan and reports data.

OTA supervision standard

The supervising occupational therapist must be licensed in Missouri, readily available for consultation, and provide documented supervision at a frequency based on client needs.

Delegation to unlicensed personnel

Aides and technicians may perform only non-skilled, delegated tasks; the occupational therapist retains responsibility for the plan of care and its outcomes.

Plan of care elements

The plan states goals, treatment methods, frequency and duration, and is based on the evaluation; changes require occupational therapist involvement and documentation.

Setting-specific supervision

Supervision and documentation requirements can differ across home health, skilled nursing, and school settings; the stricter of state or payer rules applies.

Scope of practice boundary

Practitioners must limit services to those defined by the Practice Act and must not perform tasks reserved to other licensed professions or beyond their competence.

Physician order requirement

Where required by payer or setting rules, occupational therapy services need an order from a physician or qualified practitioner, but the therapist determines treatment content.

Documentation and co-signature

The occupational therapist reviews and co-signs assistant documentation as required by regulation and facility policy, ensuring accuracy and continuity of the plan of care.

Licensure requirements

Applicants must graduate from an accredited program, pass the certification examination, submit a complete application with fees, and pass a criminal background check.

Biennial renewal cycle

Missouri occupational therapy licenses renew every two years on the schedule set by the Division; renewal notices are sent before expiration and late fees may apply.

Continuing education requirement

Licensees must complete the contact hours set by Board rule each renewal period in occupational therapy or related topics and retain certificates for audit.

Late renewal and penalties

Renewing after expiration may require a late fee; practicing on an expired license is unlicensed practice and grounds for discipline by the Board.

Inactive and retired status

Board rule may allow inactive or retired status; reactivation typically requires payment of fees, completion of continuing education, and additional documentation.

Change of address notification

Licensees must notify the Division of name or address changes within the time required by rule and must respond truthfully to Board inquiries.

Application disclosure duty

Applicants must disclose prior discipline, license denials, and convictions; false statements on an application are grounds for denial or later discipline.

Informed consent

Practitioners must disclose the nature, risks, and alternatives of treatment and obtain client consent before starting or changing occupational therapy intervention.

Confidentiality duty

Client health information may be disclosed only with authorization, as required by law, or in limited safety situations consistent with HIPAA and state law.

Dual relationship prohibition

Practitioners must avoid relationships that impair professional objectivity and must not exploit clients financially, sexually, or emotionally; sexual relationships with clients are prohibited.

Fraudulent billing

Billing for services not rendered, upcoding, or falsifying documentation is fraud and a ground for Board discipline and possible criminal liability.

Recordkeeping ethics

Licensees must keep accurate, timely records, must not improperly alter records, and must retain them for the period required by state law and payer contracts.

Impairment and fitness to practice

Practicing while impaired by alcohol, drugs, or a condition affecting competence is prohibited, and impaired or incompetent colleagues must be reported appropriately.

Truthful advertising

Advertising must be accurate and not misleading, and licensees may not claim specialty certification or credentials they do not actually hold.

Complaint filing procedure

Complaints are filed with the Board or Division, which reviews them, may authorize an investigation, and may dismiss, settle, or issue a formal complaint.

Contested case hearing

Formal discipline matters are heard as contested cases before the Administrative Hearing Commission, which issues findings and recommendations to the Board.

Sanctions and judicial review

The Board may impose reprimand, probation, suspension, revocation, or civil penalties; the licensee may seek judicial review of the final decision under Chapter 536.

Duty to cooperate

Licensees must cooperate with Board and Division investigations and produce requested records; failure to cooperate is itself a ground for discipline.