Md. Code Regs. 10.46.01.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 10.46.01.02 - Licensure

A. Except as otherwise provided in this chapter, an individual shall be licensed by the Board before the individual may practice occupational therapy or limited occupational therapy.

B. Term and Renewal of License.

(1) An initial license is issued after successfully completing the application process and is valid for 2-1/2 years or less.

(2) At least 30 days before the expiration date of the license, the Board shall send a notice of renewal by electronic means or first-class mail to the last known electronic or physical address of each active licensee, and each licensee who is inactive by elective nonrenewal, who is eligible for renewal.

(3) In order to renew a license, the licensee shall submit to the Board a completed renewal application by the deadline for renewal.

(4) The licensee shall submit an electronic payment, money order, or check in the amount of the renewal fee established by the Board in COMAR 10.46.05.01.

(5) Incomplete applications will not be accepted.

(6) If a completed renewal application is submitted after the deadline but before the expiration, the Board shall assess a late fee as specified in COMAR 10.46.05.01B.

(7) A completed renewal application received with an on-line licensure confirmation or postmark dated after the expiration date of June 30 will not be accepted.

(8) At the time of licensure renewal, a licensee who has completed the continuing competency requirement shall attest to the:

(a) Maintenance of Current Certification with the National Board of Certification in Occupational Therapy (NBCOT); or

(b) Completion of continuing competency activities, as specified in COMAR 10.46.04.

(9) At the time of licensure renewal, a licensee shall indicate a desire to:

(a) Carry over contact hours from one continuing competency time frame to another; or

(b) Utilize contact hours carried over from the previous renewal period.

(10) A licensee who is audited regarding continuing competency requirements, as specified in COMAR 10.46.04, shall successfully complete the requirements of the audit to be eligible for renewal of licensure.

C. Time Frames for Application Materials. The applicant shall submit all materials required by the Board in accordance with this regulation within a specified time frame from the date the application was initiated until the date the application is completed as follows:

(1) Licensure documentation not to exceed 6 months;

(2) Temporary licensure documentation, with no changes in data originally submitted, not to exceed 6 months; and

(3) Second temporary licensure documentation, with no changes in data originally submitted, not to exceed 6 months.

D. Application Procedures for Licensure. To apply for a license, an applicant shall submit the following documentation to the Board within the time frame specified on the application:

(1) An application completed in accordance with the directions provided;

(2) Verification of:

(a) Initial certification or examination from the NBCOT; or

(b) Examination score from the testing agency within 60 days of examination;

(3) Two letters attesting to the applicant's moral character, compliant with forms provided by the Board;

(4) An approved form of payment in the amount of the application fee established by the Board in COMAR 10.46.05.01;

(5) If currently, or previously, authorized to practice in any other state or country, or both, documentation from the appropriate authority of that state or country verifying:

(a) Licensure;

(b) Registration; or

(c) Certification;

(6) Verification of successful completion of the Maryland Board of Occupational Therapy Jurisprudence Examination; and

(7) Documentation certifying:

(a) Maintenance of Current Certification with the National Board of Certification in Occupational Therapy (NBCOT); or

(b) Completion of continuing competency activities, as specified in COMAR 10.46.04.

E. Application Procedures for Temporary Licensure.

(1) A temporary license may be issued to an applicant who, except for completing the required certification examination, has met the education and experience requirements of this chapter.

(2) To apply for a temporary license, an applicant shall submit the following documentation to the Board within the time frame specified on the application:

(a) An application completed in accordance with the directions provided;

(b) An application confirmation from the NBCOT certifying the applicant's eligibility and registration to take the examination within the eligibility activation period;

(c) Two letters attesting to the applicant's moral character, compliant with forms provided by the Board;

(d) An approved form of payment in the amount of the application fee established by the Board in COMAR 10.46.05.01;

(e) If currently, or previously, authorized to practice in any other state or country, or both, documentation from the appropriate authority of that state or country verifying:

(i) Licensure;

(ii) Registration; or

(iii) Certification;

(f) Verification of the successful completion of the Maryland Board of Occupational Therapy Jurisprudence Examination; and

(g) Documentation certifying completion of continuing competency activities, as specified in COMAR 10.46.04.

F. Application Procedures for a Second Temporary License.

(1) A second temporary license may be issued to an applicant:

(a) Whose initial temporary license expired; and

(b) Who, except for completing the required certification examination, has met the education and experience requirements of this chapter.

(2) To apply for a second temporary license, an applicant shall submit the following primary source documentation to the Board within the time frame specified on the application:

(a) An application confirmation from the NBCOT certifying the applicant's eligibility and registration to take the examination within the eligibility activation period;

(b) An approved form of payment in the amount of the second temporary license fee established by the Board in COMAR 10.46.05.01; and

(c) Updated versions of any application documents previously submitted which have expired.

G. Application Procedures for Nonrenewal of License.

(1) Elective Nonrenewal.

(a) A licensee wishing to render a license inactive for a specified renewal term may electively nonrenew the license for that term.

(b) For each specific renewal term for which inactive status is requested, the licensee shall apply for elective nonrenewal.

(c) The Board shall send a notice of renewal by electronic means or first-class mail to the last known electronic or physical address of each inactive licensee who is eligible for renewal or elective nonrenewal.

(d) In order to electively nonrenew a license, the licensee shall submit to the Board a completed application, by the expiration date of June 30.

(e) A completed application for elective nonrenewal received with an online application confirmation or postmark dated after the expiration date will not be accepted.

(f) The licensee shall submit a money order, check, or electronic payment in the amount of the elective nonrenewal fee established by the Board in COMAR 10.46.05.01B.

(2) Expiration. A license that has not been renewed through the process of renewal or elective nonrenewal is expired and invalid.

H. Application Procedures for Reactivation or Reinstatement of License. To apply for reactivation after elective nonrenewal or reinstatement after expiration, an applicant shall submit the following documentation to the Board within the timeframe specified on the application:

(1) An application completed in accordance with the directions provided;

(2) Verification of initial certification or examination from the NBCOT;

(3) Two letters attesting to the applicant's moral character, compliant with forms provided by the Board;

(4) An approved form of payment in the amount of the applicable fee established by the Board in COMAR 10.46.05.01;

(5) If currently, or previously, authorized to practice in any other state or country, or both, documentation from the appropriate authority of that state or country verifying:

(a) Licensure;

(b) Registration; or

(c) Certification;

(6) Verification of successful completion of the Maryland Board of Occupational Therapy Jurisprudence Examination; and

(7) Documentation certifying:

(a) Maintenance of current certification with the National Board of Certification in Occupational Therapy (NBCOT); or

(b) Completion of continuing competency activities as specified in COMAR 10.46.04.

I. Address Change.

(1) An applicant or licensee shall report a change of electronic mail address or postal address, in writing, within 30 days of the change.

(2) Failure to comply results in assessment of a penalty fee as specified in COMAR 10.46.05.01B.

J. Name Change.

(1) An applicant or licensee shall report a change of name, in writing, within 30 days of the change;

(2) The report of a change in name shall include

K. Verification of Maryland License.

(1) Electronic Verification. An individual may independently obtain information on the licensure status of licensees in the following ways:

(a) Upon accessing the Board's website, an individual may view and print a licensee's status; or

(b) Upon phoning the Board office, an individual may receive verbal verification of a licensee's status.

(2) Board-Provided Verification.

(a) Upon request, the Board shall provide written documentation certifying licensure status and disciplinary history in Maryland.

(b) The request for Board verification shall include:

(i) The name of the licensee to be verified;

(ii) The address where the completed verification is to be forwarded; and

(iii) An approved form of payment in the amount of the verification of licensure fee established by the Board in COMAR 10.46.05.01.

Md. Code Regs. 10.46.01.02

Regulation .02 amended effective July 3, 1995 (22:13 Md. R. 968)
Regulation .02 adopted as an emergency provision effective October 1, 2000 (27:21 Md. R. 1973); emergency status extended at 28:7 Md. R. 687; emergency status extended at 28:9 Md. R. 884; adopted permanently effective April 30, 2001 (28:8 Md. R. 761)
Regulation .02 amended effective May 17, 2010 (37:10 Md. R. 722)
Regulation .02 amended effective 42:18 Md. R. 1174, eff.9/14/2015