ND OT Jurisprudence flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Occupational therapy definition
- The therapeutic use of everyday activities with clients to develop, recover, or maintain participation in roles and routines across home, school, work, and community settings.
- ND governing statute
- North Dakota Century Code chapter 43-17 is the Occupational Therapy Practice Act; the Board adopts implementing rules in title 34 of the Administrative Code.
- Unlicensed practice
- Using OT or OTA titles or performing occupational therapy services without a current North Dakota license, which is unlawful and subject to discipline and legal action.
- Initial licensure requirements
- Graduation from an ACOTE-accredited program and a passing NBCOT exam score, plus a completed Board application, fee, and background information as required.
- Limited permit
- A temporary authorization allowing a graduate to practice under supervision while awaiting NBCOT results or full licensure, as provided by Board rule.
- OTA supervision requirement
- An occupational therapy assistant must practice under the supervision of a licensed occupational therapist, who retains responsibility for the evaluation and plan of care.
- Direct versus general supervision
- Direct supervision requires on-site in-person oversight; general supervision involves periodic contact that may occur by telephone or electronic means between visits.
- Non-delegable OT functions
- Evaluation, initial intervention planning, and reassessment require the occupational therapist's clinical judgment and cannot be delegated to an OTA or aide.
- Delegation to aides
- Unlicensed assistive personnel may perform only tasks that do not require clinical judgment; the delegating therapist remains accountable for the task and outcome.
- Supervision documentation
- Records of supervision should note the date, method, content discussed, and any plan changes, demonstrating compliance with Board minimum contact requirements.
- Change in client status
- The OTA must promptly notify the supervising OT when the client's condition changes so the therapist can revise the intervention plan.
- Renewal cycle
- Licenses renew on the Board-designated cycle, requiring a completed application, fee, and attestation of continuing education completed during the period.
- Continuing education content
- Renewal requires a set number of contact hours relevant to occupational therapy, including a required portion in ethics and jurisprudence per Board rule.
- CE documentation retention
- Licensees must keep certificates and records of continuing education for the period set by the Board and produce them if selected for audit.
- Grounds for discipline
- Practicing without a license, negligence, incompetence, fraud, impairment, unprofessional conduct, and violating Board orders are bases for disciplinary action.
- Disciplinary process
- Complaint intake, investigation, notice of charges, hearing opportunity, findings, and sanctions such as reprimand, probation, suspension, or revocation.
- Lapsed license
- A license not renewed by the deadline becomes inactive; practicing while lapsed constitutes unlicensed practice and may result in disciplinary and legal consequences.
- Ethical principles
- Beneficence, nonmaleficence, autonomy, justice, veracity, and fidelity guide decisions, with client welfare placed above the therapist's own interests.
- Informed consent elements
- Disclosure of the nature of services, risks, benefits, alternatives, and the right to refuse or withdraw, followed by the client's voluntary agreement.
- Confidentiality exceptions
- Disclosure without authorization is permitted for suspected abuse, court orders, serious threat of harm, or other exceptions recognized by law.
- Therapeutic boundaries
- Sexual or exploitative relationships with clients are prohibited, and dual relationships that could impair professional judgment should be avoided or managed.
- Billing integrity
- Charges and documentation must reflect services actually delivered; falsifying records or billing for undocumented services is unethical and a disciplinary violation.
- Documentation timeliness
- Entries must be completed promptly, dated, timed, and authenticated with the therapist's signature and credentials, reflecting the intervention and client response.
- Error correction in records
- Mistakes are corrected with a single line-through, initials, date, and explanation; erasures, whiteout, and backdating are prohibited.
- Initial evaluation content
- Referral data, history, assessment results with interpretation, identified strengths and deficits, and a plan with measurable goals and frequency.
- Consent documentation
- The record should show that informed consent was discussed, the form used, and the client's or representative's decision, including any refusal.
- Release of health information
- Protected health information may be shared only with a valid authorization specifying recipient, purpose, and expiration, or under a legal exception.
- Electronic record security
- Unique credentials, secure access, and audit trails are required; sharing passwords or leaving records unsecured breaches confidentiality obligations.
- Board composition and authority
- The Board includes occupational therapists, an occupational therapy assistant, and public members, and adopts rules, sets fees, and adjudicates complaints.
- Board investigation cooperation
- Licensees must respond to Board inquiries and cooperate with investigations; failure to respond may itself constitute grounds for disciplinary action.
- Mandatory abuse reporting
- North Dakota law requires therapists to report suspected child abuse, elder abuse, or vulnerable adult abuse to the designated authority.
- Negligence elements
- A negligence claim requires duty, breach, causation, and damages; adherence to standards and accurate documentation are the primary defenses.