Board of Occupational Therapy Practice

Welcome to the Montana Board of Occupational Therapy Practice

AN IMPORTANT MESSAGE ABOUT THE APPLICATION PROCESS

Any application requiring review by the Board of Occupational Therapy must be complete (all documents and required information received by the Board office) no later than 15 working days prior to the Board’s next meeting. Please click on the “Board Meetings” link on the left or check the  upcoming dates in the right hand column under "Board Meetings" to see meeting dates and plan accordingly.

Thank you.

Attention Licensees - New Law in effect July 1, 2015

The new law allows the board and department to suspend licenses of persons who

You are cautioned to notify the board office of your current contact information or risk having correspondence not delivered to you and your license administratively suspended without further notice or hearing. More information may be found on the FAQ tab.

Website Advisory:
An Important Message About the 2017 Renewal Period

The 2017 Renewal period begins April 15,2017 and runs to June 15, 2017

Late fees (after June 15, 2017) are 100% of the license renewal fee per 24.101.403

The preferred method is to renew online at https://ebiz.mt.gov/pol/
Online Instructions and Help

The online website is available 24/7 and you can print your license immediately after your renewal. It is recommended you do not wait until the last couple of days of the renewal period as unexpected technical difficulties with the website may delay your online renewal and you will be charged a late fee.

For questions regarding username and password information when renewing online, click on the "I've forgotten my password link" on the renewal website or contact DLI BSD LIcensing Unit at UnitA@mt.gov 406-444-6880.

HELPFUL HINT: The primary communication method for the division is e-mail. Make sure your e-mail address is current in the database. Also keep your preferred mailing address current. You can update your email and mailing address by clicking on the "Forms" tab on this board of Occupational Therapy Website, then click on the "address change" link.

A paper renewal form is available for download from this website by clicking on the "Forms" tab to the left, click on the renewal form link.

Board meetings are usually held quarterly during the year.
Meeting minutes (audio) are posted to the website within 3 business days of board approval.

In general, Board meetings are open to the public.
There are certain meetings or parts of meetings (Screening Panel and Executive Session), which are closed to the public.

Scheduled and Proposed Meetings

Board members are appointed by the Governor with Senate confirmation.
Members serve 4 year terms with no limit on the number of terms a member may serve.

Individual Board Members can be contacted by email at dlibsdotp@mt.gov. In your message please specify which board member you would like to contact. For additional contact information and information on board member terms, please visit the Governor’s Office link for Board Members and Councils at http://boards.mt.gov/.

Fiscal Year 2008 –2009 Professional and Occupational Licensing Report

Montana requires individuals engaged in the practice of Occupational Therapy to be licensed. Occupational Therapists enter the field with a masters or doctoral degree.  Occupational Therapy Assistants generally earn an associate degree. The practice of Occupational Therapy involves enabling people of all ages to prevent, cope with or recover from illness, injury or disability through a variety of rehabilitative techniques.   Individuals who want to practice Occupational Therapy in Montana must apply to the Montana Board of Occupational Therapy Practice for licensure.  Applications are reviewed to assure the basic requirements are met. Educational and other requirements for licensure can be found in this section.

Public or Licensee Inquiries

Licensees can find license renewal information in this section and mailing lists of licensees may be purchased here.

You can learn who is a licensed as an Occupational Therapist or Occupational Therapists Assistant in Montana by searching our Licensee Lookup system. 

The following outlines general licensing information. For specific information on filing an application, you will need to obtain the application which includes a detailed listing of the requirements including information on temporary practice permits.

A. Application and License Fee: All Fees are Non-Refundable $ 190.00

B. Education Requirements: The applicant must successfully complete the academic requirements of an educational program for Occupational Therapists or Occupational Therapy Assistants that is accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or predecessor organization.

C. Experience Requirements: An Occupational Therapist must complete a minimum of six months of supervised fieldwork experience or satisfy any generally recognized past standards that identified minimum fieldwork requirements at the time of graduation. An Occupational Therapy Assistant must complete supervised fieldwork experience of at least two months.

D. Examination Information: Please contact the National Board for Certification in Occupational Therapy for exam information.

E. Renewal Period: April 15 - June 15
Late Renew Online for 45 days until July 30

F. Renewal Fee: Active and Late: $110 / Inactive Fee: $50

G. Continuing Education Requirements: http://www.mtrules.org/gateway/Subchapterhome.asp?scn=24%2E165.21

The following outlines general licensing information. For specific information on filing an application, you will need to obtain the application which includes a detailed listing of the requirements including information on temporary permits.

A. Application and License Fee: All Fees are Non-Refundable $ 190.00

B. Education Requirements: The applicant must successfully complete the academic requirements of an educational program for Occupational Therapists or Occupational Therapy Assistants that is accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or predecessor organization.

C. Experience Requirements: An Occupational Therapy Assistant must complete a minimum of two months of supervised fieldwork experience or satisfy any generally recognized past standards that identified minimum fieldwork requirements at the time of graduation.

D. Examination Information: Please contact the National Board for Certification in Occupational Therapy for exam information.

E. Renewal Period: April 15 - June 15
Late Renew Online for 45 days until July 30

F. Renewal Fee:  Active and Late: $110 / Inactive Fee: $50

G. Continuing Education Requirements: http://www.mtrules.org/gateway/Subchapterhome.asp?scn=24%2E165.21

The Board of Occupational Therapy Practice regulates the profession by establishing standards for licensure and practice, and adopting administrative rules to strengthen the practice.  Occupational Therapists and Occupational Therapy Assistants should be aware of their obligations under Montana law and administrative rule. 

The Montana Code Annotated (MCA) includes the laws passed by the Legislature that govern this profession. Professional and Occupational Licensing Laws can be found in Title 37, Chapter 1, Part 3.  Known as the Uniform Regulatory Act, these statutes were passed in 1995. 

The Administrative Rules of Montana (ARM) are often referred to as regulations.  The Board adopts administrative rules in order to administer the laws over which the Legislature has given the Board authority. The Board follows a process defined in law, the Montana Administrative Procedures Act, when they are proposing new rules or making changes to existing rules to ensure public participation.  The Board files a public notice in the Montana Administrative Register (MAR) on any proposed rule changes or new rules.  You can keep track of any rule changes by viewing MAR online, or by signing up to receive notification of rule changes from the Board.

The Administrative Rules of Montana (ARM) at this site contain what should be the same text as the official version published by the Office of the Secretary of State. There is a possibility, however, that the content may vary from the official version. In addition, the format has been changed for viewing on this web site. A copy of the official ARM in official format can be obtained from the ARM Bureau of the Office of the Secretary of State, by calling (406) 444-2055. A web version of the ARM published by the Secretary of State can be viewed at Secretary of State's Administrative Rules of Montana. 

FAQ’s CONCERNING ADMINISTRATIVE RULES

• Chapter 165 - Board of Occupational Therapy Practice

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• Chapter 24 - Labor and Industry

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• Chapter 101 - Business Standards Division

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• Title 2 Chapter 15 Part 17 - Board of Occupational Therapy Practice

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• Title 37 Chapter 24 - Occupational Therapy Practice

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• Title 37 - Professions and Occupations

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• Chapter 1 - General Provisions

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The mission of the Board of Occupational Therapy Practice is to protect the health, safety and well being of Montana citizens through the licensing of competent Occupational Therapists and Occupational Therapy Assistants by the regulation of their practice to promote the delivery of quality health care.

In order to meet its mission, the Board is charged with taking appropriate action for unprofessional, incompetent, or unlawful practice. 

For a complaint form, click here.

For a brochure on the complaint process, click here.

(Both also are found in the "Forms" tab among "General Forms.")

 Additional information can be found under the "FAQ" tab.

Complaint Contact

The Department is charged with regulating professions and occupations for the protection of the public as a whole. Although the Department does not represent individuals filing complaints, the Department will review complaints in a timely manner to ensure a complaint is processed and that the Board will take appropriate action.

The length of time for resolution of a complaint is impossible to estimate due to the various complexities presented in individual complaints.

The following types of complaints may be filed:

• Unprofessional conduct by a licensee;
• Unprofessional conduct by a license applicant;
• Unlicensed practice of the profession or occupation.

If an individual is unsure of what constitutes unprofessional conduct and needs a description of the various types, reference to Montana statutes and rules will provide an answer. These are found at your local public library or at the appropriate board site on this web page.

Drop Off or Mail to:
"Name of the Board or Program the complaint pertains to"
Business Standards Division
301 South Park, 4th Floor
PO Box 200514
Helena, MT 59620-0514

This process is used for the Boards that are administered in the Business Standards Division. The various Programs administered in the Division use a similar process.

Important: When filing or responding to a complaint, be as thorough as possible. You may attach additional documents to the complaint form to ensure that all pertinent information has been included. The Screening Panel meeting is NOT a hearing, but is a time for the panel to consider the complaint and response. Attendance is your choice. If you attend the panel may ask additional questions. Please notify this office prior to the meeting if you plan to attend.

After a complaint has been filed against a licensed individual the Compliance Office will send a letter of acknowledgment to the person who filed the complaint (Complainant), and a letter requesting a response (with a copy of the complaint) to the licensee against whom the complaint was filed.

The Licensee may submit a written response addressing the complaint to the Compliance Office. The process continues whether or not a response is submitted. The Complainant is not entitled to a copy of the response.

The Compliance Office will notify the Licensee and Complainant regarding the date and time of any meeting during which the case will be discussed.

Complaints remain confidential unless a Notice of Proposed Board Action is issued, which is a public document along with all subsequent legal filings.

Meetings

• Closed Meeting - During a Closed Meeting only the Licensee, the Complainant, and/or attorneys for either can be in attendance. Minutes of Closed Meetings are not public documents.
• Open Meeting - A public meeting which anyone can attend. The minutes of Open meetings are public documents and made available online via the specific Board’s webpage. (Adjudication Panel meetings are usually open.)

Individuals may attend a meeting in person or by telephone. Please notify this office prior to the meeting if you plan to attend the meeting.

Screening Panel

• Screening Panel - A committee comprised of members of the Board. The Screening Panel’s function is to determine the preliminary action(s) to take on a complaint. Possible preliminary actions include dismissal, investigation, or a finding of Reasonable Cause.

The complaint and response (if any) are submitted to the Screening Panel members. The Screening Panel meeting is not a hearing, but rather a committee meeting to review and discuss the complaint and response to determine if disciplinary action is warranted.

Dismissal

If the Screening Panel dismisses a complaint, the complaint can be dismissed with or without prejudice (see definitions below).

• Dismissal With Prejudice - The complaint is dismissed and cannot be considered by the Screening Panel in the future.
• Dismissal Without Prejudice - The complaint is dismissed but may be considered by the Screening Panel in the future if there are ever allegations of a similar nature.

Investigation

Only a member of the Screening Panel can request an investigation of a complaint. If an investigation is requested by the Screening Panel, the case is assigned to an investigator who may request an interview with the Licensee, the Complainant, and/or other individuals. Upon completion of the investigation, a written report is submitted to the Screening Panel, which will then determine if there is Reasonable Cause to proceed with disciplinary action.

Reasonable Cause

• Reasonable Cause - A finding by the Screening Panel that evidence exists that a violation of statutes and rules has occurred which warrants proceeding with disciplinary action.

If Reasonable Cause is found, the Department Counsel issues a Notice of Proposed Board Action (Notice) to the Licensee. Once a Notice is issued, it is public information. A proposed Stipulation may be included with the Notice.

• Notice - A legal document from the Department’s Legal Counsel which sets forth the Department’s factual assertions, the statutes or rules relied upon, and advising the licensee of the right to a hearing.
• Stipulation - A tentative agreement for settlement of the case. A Stipulation is not finalized until approved by the Adjudication Panel.

The Licensee may either sign the Stipulation or contest the proposed action by requesting an administrative Hearing (a legal process before a Hearing Examiner). If the Licensee wishes to request a hearing, written request must be received within twenty (20) days from receipt of the Notice. Failure to either sign a Stipulation or request a hearing within twenty (20) days may result in the issuing of a Final Order of Default against the licensee.

• Default - the licensee’s acceptance of the disciplinary action demonstrated by failing to participate in the process

Adjudication Panel

• Adjudication Panel - A committee comprised of members of the Board who are NOT on the Screening Panel. The Adjudication Panel determines the final outcome of a case.

The Adjudication Panel reviews the record to determine appropriate sanctions. A Final Order is issued by the Adjudication Panel, completing the complaint process.

Complaint Process Flow

Current license status and information regarding disciplinary action(s) against a licensee can be accessed online at: https://ebiz.mt.gov/pol/

Department of Labor & Industry - Business Standards Division

PO Box 200513, Helena, MT 59620-0513

When a complaint or other information is received alleging possible unlicensed practice...

• (If the allegation is not made in the form of a formal written complaint, a complaint form is completed by the Department and a complaint number is assigned.)
• A copy of the complaint and a request for a written response are mailed to the person against whom the complaint was filed (Respondent).
• A written acknowledgment that the complaint has been received is mailed to the person who filed the complaint (Complainant)
• The respondent may submit a letter of response to the complaint. If a written response is not submitted, the complaint process continues without a response.
• The complainant and the respondent are sent written notify cation of the date, time, and location of any meeting at which the complaint will be discussed.

The Board Meeting

• Unlicensed Practice complaints are addressed by the Full Board in executive session (meaning closed to the public). Board meetings are open to the public unless the chairperson determines an individual’s right to privacy outweighs the public’s right to know. If so, that portion of the meeting will be closed to the public (only the respondent, complainant, and legal counsel for each (if any) may be present).
• The complaint and response (if any) are provided to the board members prior to an upcoming board meeting for their review. The board meeting is not a hearing, but rather a meeting at which the information provided is considered and discussed by the board.

DISMISSAL

• If the board dismisses a complaint, the complaint can be dismissed with or without prejudice.
• Dismissal With Prejudice-The complaint is dismissed and cannot be considered in the future.
• Dismissal Without Prejudice-The complaint is dismissed but may be considered by the board in the future if there are ever allegations of a similar nature.

INVESTIGATION

• The board can request an investigator be assigned to gather additional information surrounding the allegations made in the complaint. This may involve interviews with the respondent, the complainant, and possible witnesses.
• After the investigation has been completed, an investigative report is prepared and presented to the board for consideration at a subsequent meeting.
• Following the board’s review of the investigative report, a determination is made to either dismiss the complaint or take action in the form of a Cease and Desist or an Injunction.

CEASE & DESIST / INJUNCTION

• The board may issue a Cease & Desist or seek an Injunction.
• Cease & Desist–A letter from the administrative agency prohibiting a person or business from doing or continuing to do a certain activity.
• Injunction-A writ granted by a court prohibiting a person or business from doing or continuing to do a certain activity.

For more information, contact DLI Business Standards Division at 406-841-2300

There are TWO types of Licensure Verification Requests:

1). Licensees for any profession can be verified by using LicenseLookup.mt.gov.
This website provides real-time connectivity to the Business Standards Licensing Database.  There is no charge for this service.

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2). To request an official license verification be sent to another state licensing board, jurisdiction or individual for license confirmation status in the State of Montana. The fee for this is $20.00 per verification requested.

Once the fee and official license verification form are received, the request will be processed and mailed within 5 days.

• Health Care Employment with Montana State Government
• Health Care Employment in Montana (other than state government)
• Posted within last 24 hours
• Posted within the last 7 days
• Posted within the last 30 days

National Board for Certification in Occupational Therapy

Montana Occupational Therapy Association

American Occupational Therapy Association, Inc