NC OT Jurisprudence cheat sheet
NC OT Jurisprudence · Keep the key ideas within reach.
North Carolina Occupational Therapy Practice Act
The NC Occupational Therapy Practice Act is codified at N.C. Gen. Stat. Chapter 90, Article 28 (Sections 90-270.67 through 90-270.84).
The Act establishes the North Carolina Board of Occupational Therapy, which licenses and regulates occupational therapists (OTs) and occupational therapy assistants (OTAs).
Licensure requirements include graduation from an accredited OT or OTA program, passing the NBCOT exam, and completing a criminal background check.
License renewal occurs annually; licensees must complete 12 contact hours of continuing competence per renewal year, including 2 hours of ethics.
The Act defines unprofessional conduct, including practicing beyond one's scope, failing to supervise assistants adequately, and practicing while impaired.
The Board may deny, suspend, or revoke a license, or issue a reprimand, after notice and an opportunity for a hearing under the Administrative Procedure Act.
A license is required to use the titles "occupational therapist," "occupational therapy assistant," or abbreviations "OT" and "OTA" in North Carolina.
The Act authorizes the Board to adopt rules necessary to enforce the practice act, which are codified in Title 21, Chapter 38 of the NC Administrative Code.
North Carolina Occupational Therapy Rules
The NC OT Rules are located in Title 21, Chapter 38 of the North Carolina Administrative Code (21 NCAC 38).
Supervision of an OTA by an OT must include at least one on-site visit per month and additional supervision as needed; the OT retains responsibility for the OTA's services.
The supervising OT must review and cosign the OTA's documentation according to the frequency specified in the rules (e.g., within a specified timeframe).
Continuing competence: 12 contact hours per year, with at least 2 hours in ethics; up to 6 hours may be earned through independent study.
License renewal applications must be submitted by the expiration date; late renewal may require a fee and evidence of continuing competence.
The rules specify requirements for student supervision, including that the supervising OT must be licensed and have at least one year of experience.
Recordkeeping: licensees must maintain records of continuing competence for a period specified by the Board (e.g., 3 years) and make them available upon request.
The Board may audit continuing competence compliance; failure to comply may result in disciplinary action.
Code of Ethics
The NC OT Code of Ethics is based on the principles of beneficence, nonmaleficence, autonomy, justice, and veracity.
OTs and OTAs must provide services competently, maintain confidentiality, and avoid conflicts of interest.
Sexual relationships with current clients are prohibited; romantic relationships with former clients require careful evaluation of potential harm.
Fees must be fair and commensurate with services; fee splitting for referrals is unethical.
Advertising must be truthful and not misleading; false or deceptive claims are prohibited.
Licensees must report unethical or illegal conduct of colleagues to the Board when required.
Informed consent must be obtained before initiating services, and clients have the right to refuse treatment.
The Code requires cultural competence and non-discrimination in service delivery.
Scope of Practice
Occupational therapy practice includes evaluation, treatment, and consultation to promote participation in daily activities for individuals with physical, cognitive, or psychosocial impairments.
OTs may supervise OTAs and OT aides; however, aides may only perform non-skilled tasks and cannot provide skilled OT services.
The scope includes developing and implementing intervention plans, adapting environments, and training in activities of daily living (ADLs).
OTs may perform physical agent modalities (PAMs) only after completing required training and demonstrating competency per Board rules.
OTs may not diagnose medical conditions; they evaluate functional performance and provide OT services based on a referral when required by law.
Telehealth is permitted within the scope of practice if the practitioner complies with the same standards of care as in-person services.
OTAs may perform delegated tasks but cannot evaluate, interpret referrals, or develop treatment plans independently.
Consultation and education to patients, families, and caregivers are within the scope of OT practice.