Administrative Code

Virginia Administrative Code
6/30/2022

Part II. Requirements of Licensure As an Occupational Therapist

18VAC85-80-35. Application requirements.

An applicant for licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-80-26.

2. Verification of professional education in occupational therapy as required in 18VAC85-80-40.

3. Verification of practice as required in 18VAC85-80-60 and as specified on the application form.

4. Documentation of passage of the national examination as required in 18VAC85-80-50.

5. If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.

Statutory Authority

§§ 54.1-2400, 54.1-2956.1, and 54.1-2956.2 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 1, eff. October 23, 2002.

18VAC85-80-40. Educational requirements.

A. An applicant who has received his professional education in the United States, its possessions or territories, shall successfully complete all academic and fieldwork requirements of an accredited educational program as verified by the ACOTE.

B. An applicant who has received his professional education outside the United States, its possessions or territories, shall successfully complete all academic and clinical fieldwork requirements of a program approved by a member association of the World Federation of Occupational Therapists as verified by the candidate's occupational therapy program director and as required by the NBCOT and submit proof of proficiency in the English language by passing the Test of English as a Foreign Language (TOEFL) with a score acceptable to the board. TOEFL may be waived upon evidence of English proficiency.

C. An applicant who does not meet the educational requirements as prescribed in subsection A or B of this section but who has received certification by the NBCOT as an occupational therapist or an occupational therapy assistant shall be eligible for licensure in Virginia and shall provide the board verification of his education, training and work experience acceptable to the board.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR465-08-1 § 2.2, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-45. Practice by a graduate awaiting examination results.

A. A graduate of an accredited occupational therapy educational program may practice with the designated title of "Occupational Therapist, License Applicant" or "O.T.L.-Applicant" until he has received a failing score on the licensure examination from NBCOT or for six months from the date of graduation, whichever occurs sooner. The graduate shall use one of the designated titles on any identification or signature in the course of his practice.

B. A graduate of an accredited occupational therapy assistant educational program may practice with the designated title of "Occupational Therapy Assistant-License Applicant" or "O.T.A.-Applicant" until he has received a failing score on the licensure examination from NBCOT or for six months from the date of graduation, whichever occurs sooner. The graduate shall use one of the designated titles on any identification or signature in the course of his practice.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 1, eff. October 23, 2002; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010; Volume 30, Issue 24, eff. August 27, 2014.

18VAC85-80-50. Examination requirements.

A. An applicant for licensure to practice as an occupational therapist shall submit evidence to the board that he has passed the certification examination for an occupational therapist and any other examination required for initial certification from the NBCOT.

B. An applicant for licensure to practice as an occupational therapy assistant shall submit evidence to the board that he has passed the certification examination for an occupational therapy assistant and any other examination required for initial certification from the NBCOT.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR465-08-1 § 2.3, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-60. Practice requirements.

An applicant who has been practicing occupational therapy in another jurisdiction and has met the requirements for licensure in Virginia shall provide evidence that he has engaged in the active practice of occupational therapy as defined in 18VAC85-80-10. If the applicant has not engaged in active practice as defined in 18VAC85-80-10, he shall serve a board-approved practice of 160 hours, which is to be completed within 60 consecutive days, under the supervision of a licensed occupational therapist.

Statutory Authority

§§ 54.1-2400, 54.1-2956.1, and 54.1-2956.2 of the Code of Virginia.

Historical Notes

Derived from VR465-08-1 § 2.4, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 1, eff. October 23, 2002.

18VAC85-80-61. (Repealed.)

Statutory Authority

of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 23, eff. August 24, 2005; repealed, Virginia Register Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-65. Registration for voluntary practice by out-of-state licensees.

Any occupational therapist or an occupational therapy assistant who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

1. File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;

2. Provide a complete record of professional licensure in each state in which he has held a license and a copy of any current license;

3. Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services;

4. Pay a registration fee of $10; and

5. Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010.

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