Part III. Renewal of Licensure; Reinstatement
18VAC85-80-70. Biennial renewal of licensure.
A. An occupational therapist or an occupational therapy assistant shall renew his license biennially during his birth month in each even-numbered year by:
1. Paying to the board the renewal fee prescribed in 18VAC85-80-26;
2. Indicating that he has been engaged in the active practice of occupational therapy as defined in 18VAC85-80-10; and
3. Attesting to completion of continued competency requirements as prescribed in 18VAC85-80-71.
B. An occupational therapist or an occupational therapy assistant whose license has not been renewed by the first day of the month following the month in which renewal is required shall pay an additional fee as prescribed in 18VAC85-80-26.
C. In order to renew a compact privilege to practice in Virginia, the holder shall comply with the rules adopted by the Occupational Therapy Compact Commission in effect at the time of the renewal.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from VR465-08-1 § 3.1, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010; Volume 40, Issue 18, eff. May 22, 2024.
18VAC85-80-71. Continued competency requirements for renewal of an active license.
A. In order to renew an active license biennially, a licensee shall complete at least 10 contact hours of continuing learning activities, which shall consist of an organized program of study, classroom experience, or similar educational experience that is related to a licensee's current or anticipated roles and responsibilities in occupational therapy and approved or provided by one of the following organizations or any of its components:
1. Virginia Occupational Therapy Association;
2. American Occupational Therapy Association;
3. National Board for Certification in Occupational Therapy;
4. Local, state, or federal government agency;
5. Regionally accredited college or university;
6. Health care organization accredited by a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation; or
7. An American Medical Association Category 1 Continuing Medical Education program.
B. Up to two of the continuing education hours may be satisfied through delivery of occupational therapy services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services as documented by the health department or free clinic.
C. Up to two of the continuing education hours may be satisfied through supervision or experiences that promote the education of students. One hour of continuing education may be credited for eight hours of providing such supervision as documented by the educational institution for which supervision is performed.
D. A licensee shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure in Virginia.
E. The licensee shall retain in the licensee's records all supporting documentation for a period of six years following the renewal of an active license.
F. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.
G. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.
H. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.
Statutory Authority
§§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017; Volume 34, Issue 1, eff. October 4, 2017; Volume 34, Issue 5, eff. December 14, 2017; Volume 40, Issue 18, eff. May 22, 2024; Volume 41, Issue 16, eff. May 8, 2025.
18VAC85-80-72. Inactive licensure.
A. A licensed occupational therapist or an occupational therapy assistant who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain hours of active practice or meet the continued competency requirements of 18VAC85-80-71 and shall not be entitled to perform any act requiring a license to practice occupational therapy in Virginia.
B. An inactive licensee may reactivate his license upon submission of the following:
1. An application as required by the board;
2. A payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure; and
3. Documentation of completed continued competency hours equal to the requirement for the number of years, not to exceed six years, in which the license has been inactive.
C. An occupational therapist or occupational therapy assistant who has had an inactive license for six years or more and who has not engaged in active practice, as defined in 18VAC85-80-10, shall provide evidence of current certification by NBCOT or retake and pass the national examination.
D. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 24, Issue 1, eff. October 17, 2007; Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025.
18VAC85-80-73. Restricted volunteer license.
A. An occupational therapist or an occupational therapy assistant who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.
B. To be issued a restricted volunteer license, an occupational therapist or occupational therapy assistant shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-80-26.
C. The licensee who intends to continue practicing with a restricted volunteer license shall renew biennially during his birth month, meet the continued competency requirements prescribed in subsection D of this section, and pay to the board the renewal fee prescribed in 18VAC85-80-26.
D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, the licensee shall attest to obtaining five hours of continuing education during the biennial renewal period as specified in 18VAC85-80-71.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025.
18VAC85-80-80. Reinstatement.
A. An occupational therapist or an occupational therapy assistant who allows a license to lapse for a period of two years or more and chooses to resume practice shall submit a reinstatement application to the board and information on any practice and licensure or certification in other jurisdictions during the period in which the license was lapsed and shall pay the fee for reinstatement of licensure as prescribed in 18VAC85-80-26.
B. An occupational therapist or occupational therapy assistant who has allowed a license to lapse for two years or more shall provide evidence of current certification by NBCOT or retake and pass the national examination.
C. An applicant for reinstatement shall meet the continuing competency requirements of 18VAC85-80-71 for the number of years the license has been lapsed, not to exceed six years.
D. An occupational therapist or an occupational therapy assistant whose license has been revoked by the board and who wishes to be reinstated shall make a new application to the board and payment of the fee for reinstatement of the license as prescribed in 18VAC85-80-26 pursuant to § 54.1-2408.2 of the Code of Virginia.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from VR465-08-1 § 3.2, 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 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 23, Issue 9, eff. February 7, 2007; Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025.