Rules and Regulations of the North Dakota Board of Occupational Therapy Practice
This domain tests the Board’s authority, how its rules are read, and how to resolve conflicts between Board rules, employer policy, and payer requirements.
Board authority
The North Dakota Board of Occupational Therapy Practice is created by the Practice Act (N.D.C.C. ch. 43-26.1) and adopts rules published in the North Dakota Administrative Code. The Board licenses OTs and OTAs, renews licenses, sets CE requirements, investigates complaints, and imposes discipline. Its rules have the force of law, but the Board cannot exceed the statute.
Reading the rules
When a scope or supervision question arises, use a hierarchy: first the statute, then the Board’s administrative rules, then Board guidance or advisory opinions. Employer policy, Medicare rules, and accreditation standards may be stricter but cannot authorize what North Dakota law prohibits. Rules can change; verify the current text rather than relying on an old study chart.
Compliance in practice
Licensees must display or provide license information as required, pay fees, report changes, and cooperate with investigations. Facilities must not require unlicensed personnel to perform licensed tasks. The Board may inspect records or issue subpoenas during an investigation.
Worked example
An employer directs an OT to have unlicensed rehab aides perform group exercise sessions and bill them as OT. The OT should refuse. The Board’s rules and the Act reserve skilled OT services to licensees and delegated tasks to OTAs under supervision. A billing code or employer policy does not expand scope. The OT should seek a Board determination if the issue remains unclear.
Traps
Do not assume Board rules mirror another state’s rules. Do not rely on a colleague’s interpretation or a payer manual. Do not ignore a rule because the facility does not enforce it. Do not practice on an expired license while waiting for the Board to answer a question.