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Rule Title: DEFINITIONS
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF OCCUPATIONAL THERAPY PRACTICE
Subchapter: Definitions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.165.302    DEFINITIONS

For the purpose of this chapter the following definitions apply:

(1) "Clinician" means an occupational therapist endorsed by the board to administer topical medications.

(2) "Deep modalities" means the use of a sound or electrical physical agent modality which penetrates past the subcutaneous layer of fat into the muscle through the application of heat, cold, ultrasound, phonophoresis, or iontophoresis.

(3) "Deep modality endorsement" means that a licensed occupational therapist has met the statutory requirements in the use of sound and electrical physical agent modalities and occupational therapy techniques involving topical medications.

(4) "Direct supervision" means the supervisor is physically present in the direct treatment area of the client-related activity being performed by the supervisee and requires face-to-face communication, direction, observation, and daily evaluation.

(5) "Documentation" means evidence of successfully completing a formal instruction program and must include:

(a) an official certificate of attendance or completion indicating:

(i) name or title of the course attended;

(ii) number of hours of course instruction; and

(iii) date(s) the course was attended; and

(b) a course syllabus.

(6) "General supervision" means the supervisor provides face-to-face communication, direction, observation, and evaluation of a supervisee's delivery of client services at least monthly at the site of client-related activity, with interim supervision occurring by other methods, such as telephonic, electronic, or written communication.

(7) "Instruction" means didactic study presented in any of the following forums:

(a) continuing education unit course work;

(b) in-service training by licensed health care professionals;

(c) professional conference;

(d) professional workshop; or

(e) self-study course work pursuant to ARM 24.165.2101.

(8) "Nonroutine application" means an application for occupational therapist or occupational therapy assistant licensure that is considered nonroutine either by ARM 24.101.402 or these rules. Nonroutine applications require board review and approval prior to issuance of the license if the application shows:

(a) the applicant has a prior felony conviction of any nature or a prior misdemeanor conviction relating to sex, drugs, or violence. Any disposition in a criminal case other than acquittal will be deemed a "conviction" for purposes of this rule without regard to the nature of the plea or whether the applicant received a suspended or deferred sentence;

(b) the applicant has had two or more alcohol-related convictions over any period of time, or has had one alcohol-related conviction within the past five years;

(c) the applicant's health care professional license was disciplined or was voluntarily surrendered in this state or another state or jurisdiction; or

(d) any substantive irregularity deemed by department staff to warrant board review and approval prior to issuance of the license.

(9) "Qualified occupational therapist" means that the supervising occupational therapist has been certified in the modality supervised.

(10) "Routine supervision" of temporary permit holders means direct contact at least daily at the site of work, with interim supervision by other methods, such as telephonic, electronic, or written communication.

(11) "Superficial modalities" means physical agent modalities including hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling devices used on the surface of the skin.

(12) "Topical medications" means medications applied locally to the skin and includes only medications listed in 37-24-108(2), MCA, for which a prescription is required under state or federal law. 

 

History: 37-1-131, 37-24-201, 37-24-202, MCA; IMP, 37-1-101, 37-24-103, 37-24-105, 37-24-106, 37-24-107, 37-24-108, MCA; NEW, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2016 MAR p. 2422, Eff. 12/24/16; AMD, 2019 MAR p. 1743, Eff. 10/5/19.


 

 
MAR Notices Effective From Effective To History Notes
24-165-24 10/5/2019 Current History: 37-1-131, 37-24-201, 37-24-202, MCA; IMP, 37-1-101, 37-24-103, 37-24-105, 37-24-106, 37-24-107, 37-24-108, MCA; NEW, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2016 MAR p. 2422, Eff. 12/24/16; AMD, 2019 MAR p. 1743, Eff. 10/5/19.
24-165-22 12/24/2016 10/5/2019 History: 37-24-201, 37-24-202, MCA; IMP, 37-1-101, 37-24-103, 37-24-105, 37-24-106, 37-24-107, 37-24-108, MCA; NEW, 2015 MAR p. 56, Eff. 1/30/15; AMD, 2016 MAR p. 2422, Eff. 12/24/16.
24-165-21 1/30/2015 12/24/2016 History: 37-24-201, 37-24-202, MCA; IMP, 37-24-103, 37-24-105, 37-24-106, 37-24-107, 37-24-108, MCA; NEW, 2015 MAR p. 56, Eff. 1/30/15.
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