# Title 55.5 — Occupational Therapy Practice, Board of

## Article 55.5-02 — Occupational Therapy Practice Licensure

## Chapter 55.5-02-01 — Initial Licensure and Renewals

### § 55.5-02-01-01. Licensure application.

An application for a license to practice occupational therapy must be made to the state board of
occupational therapy on forms approved by the board available upon request. The application must
contain such information as the board may reasonably require.
1. Each application for a license must be accompanied by:
a. A prescribed fee. The initial fee for licensure of an individual who meets the definition of
military spouse set forth in North Dakota Century Code section 43-51-01 is waived.
b. Official verification of a passing score on an examination by a national occupational
therapy certifying agency approved by the board and taken within eighteen months of the
application.
2. All applications must be signed by the applicant and notarized.
3. Should any information included in the application change during the application process, the
applicant must advise the board of those changes.
4. The board may request additional information or clarification of information provided on the
application as it deems necessary, including verification of licensure in good standing from
other jurisdictions.
5. The board may direct an applicant to appear before the board concerning the application.
6. The board may require a completed jurisprudence examination of the applicant's or licensee's
knowledge of the North Dakota laws, rules, and regulations of occupational therapy.
History: Effective April 1, 1988; amended effective November 1, 2000; February 1, 2004; April 1, 2021.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-08

### § 55.5-02-01-01.1. Requirements for licensure.

1. To be licensed as an occupational therapist an applicant must meet all of the following
requirements:
a. The applicant has a degree from an occupational therapy program accredited by the
accreditation council for occupational therapy education or a degree from a foreign
occupational therapy program which the national board for certification in occupational
therapy deems comparable.
b. The applicant has passed the occupational therapist registered certification examination
administered by the national board for certification in occupational therapy.
c. Grounds for denial of the application under North Dakota Century Code section 43-40-16
do not exist.
d. The applicant has completed a jurisprudence examination of the applicant's knowledge of
North Dakota laws and rules.
2. To be licensed as an occupational therapy assistant an applicant must meet all of the following
requirements:
a. The applicant has a degree from an occupational therapy program accredited by the
accreditation council for occupational therapy education or a degree from a foreign
occupational therapy program which the national board for certification in occupational
therapy deems comparable.
b. The applicant has passed the certified occupational therapy assistant certification
examination administered by the national board for certification in occupational therapy.
c. Grounds for denial of the application under North Dakota Century Code section 43-40-16
do not exist.
d. The applicant has completed a jurisprudence examination of the applicant's knowledge of
North Dakota laws and rules.
History: Effective July 1, 2014; amended effective April 1, 2021.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-08, 43-40-11, 43-40-16
### § 55.5-02-01-01.2. Military spouse initial licensure.

1. The board shall license individuals who meet the definition of military spouse set forth in North
Dakota Century Code section 43-51-01 and who meet the following requirements:
a. Completes an application for licensure on a form approved by the board and available
upon request.
b. The military spouse demonstrates competency in occupational therapy or as an
occupational therapy assistant through methods or standards determined by the board
which must include experience as an occupational therapist or assistant for at least two
of the four years preceding application.
c. The board determines the issuance of the license will not substantially increase risk of
harm to the public and no grounds exist to deny the license pursuant to North Dakota
Century Code section 43-40-16.

2. The board may require the submission of any information it deems necessary to assist it in
making its determination. The board may deny a license if the board determines the applicant
does not meet the above requirements. If the board determines the applicant substantially
meets the above requirements, the board may issue a provisional license. When issuing a
provisional license, the board may explain the steps necessary for the applicant to fully meet
the above requirements and be issued a nonprovisional license. A provisional license must be
granted automatically by the board if the board does not deny or grant the license within thirty
days of the application. The board may place conditions on any provisional license. Military
spouses may not be assessed fees for the issuance of the license or provisional licensee
under this section. A provisional license may be valid for up to two years. Provisional licenses
expire if:
a. The board grants the application for licensure.
b. The board denies the application for licensure.
c. The provisional license expires.
d. The board revokes the provisional license to protect the public safety.
e. The applicant fails to meet any steps or conditions the board placed on the provisional
license.
History: Effective April 1, 2021.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-08, 43-40-11, 43-40-16, 43-51-01, 43-51-11.1
### § 55.5-02-01-02. Licensure renewal.

Licenses are renewable biennially in even-numbered years.
1. Licensure renewal for occupational therapist.
a. Applications for renewal of occupational therapy licenses will be sent by the board on or
before April first of the renewal year to all licenseholders. Renewal applications,
continued competency documentation, and fees must be postmarked or delivered to the
board's office on or before June first of the renewal year.
b. Occupational therapists are considered delinquent and a late charge shall be assessed if
the renewal application, renewal license fee, and continued competency documentation
are not postmarked or delivered to the board's office on or before June first of the
renewal year.
c. Occupational therapy licenses will expire if the renewal application, continued
competency documentation, and fees are not postmarked or delivered to the board's
office by June thirtieth of the renewal year. To reinstate an expired license, an applicant
must submit:
(1) A renewal application form;
(2) The renewal license fee;
(3) Continued competency documentation; and
(4) Late charges as assessed by the board.
No late renewal of an occupational therapy license may be granted more than three
years after expiration, at which time the initial application process is required.

d. The renewal of an occupational therapy license will be sent to the applicant by July first
of the renewal year if the renewal request is complete and postmarked on or before June
first of the renewal year.
e. The board may require a completed jurisprudence examination of the licensee's
knowledge of the North Dakota laws, rules, and regulations of occupational therapy.
f. The board may extend the renewal deadline or waive continued competency or late fees
for an applicant providing proof of medical or other hardship rendering the applicant
unable to meet the renewal deadline or complete continued competency.
g. The board may require evidence of a supervision plan from those who have signatures
on a substantiating supervision form of the occupational therapy assistant.
2. Licensure renewal for occupational therapy assistant.
a. Application for renewal of an occupational therapy assistant license will be sent by the
board on or before April first of the renewal year to all licenseholders. Renewal
applications, continued competency documentation, and fees must be postmarked or
delivered to the board's office on or before June first of the renewal year.
(1) An occupational therapy assistant supervised during the renewal period shall submit
a renewal application, substantiation of supervision, a renewal license fee, and
continued competency documentation.
(2) An occupational therapy assistant not practicing occupational therapy during the
renewal period shall submit the renewal application, renewal license fee, and
continued competency documentation. Upon resumption of occupational therapy
practice, the occupational therapy assistant shall submit substantiation of
supervision.
(3) The board may require evidence of a supervision plan.
b. Delinquency and late charges.
(1) Occupational therapy assistants who are supervised at the time of renewal are
considered delinquent and a late charge will be assessed if the renewal application,
renewal licensure fee, continued competency documentation, and substantiation of
supervision are not submitted and postmarked or delivered to the board's office on
or before June first of the renewal year.
(2) Occupational therapy assistants who are not practicing occupational therapy at the
time of renewal are considered delinquent and a late charge shall be assessed if the
renewal application, renewal license fee, and continued competency are not
submitted and postmarked or delivered to the board's office on or before June first
of the renewal year.
c. Licenses will expire if the renewal form, renewal license fee, continued competency
documentation, and substantiation of supervision form are not postmarked or delivered to
the board's office by June thirtieth of the renewal year. To reinstate an expired license, an
applicant must submit:
(1) A renewal application;
(2) The renewal license fee;
(3) Substantiation of supervision (if supervised);

(4) Continued competency documentation; and
(5) Late charges as assessed by the board.
No late renewal of a license may be granted more than three years after expiration, at
which time the initial application process is required.
d. The renewal of license will be sent to the applicant by July first of the renewal year if the
renewal request is completed and postmarked on or before June first of the renewal year.
e. The board may require a completed jurisprudence examination of the licensee's
knowledge of the North Dakota laws, rules, and regulations of occupational therapy.
f. The board may extend the renewal deadline or waive continued competency or late fees
for an applicant providing proof of medical or other hardship rendering the applicant
unable to meet the renewal deadline or complete continued competency.
History: Effective April 1, 1988; amended effective November 1, 2000; February 1, 2004; April 1, 2014;
April 1, 2021.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-15
### § 55.5-02-01-03. Fees.

The board has adopted the following fee payment schedule:
1. Initial application fees for occupational therapist $50.00
license and occupational therapy assistant license
2. Initial occupational therapist license fee:
a. Application for license received after June thirtieth of the even-numbered year $150.00
and before July first of the odd-numbered year
b. Application for license received after June thirtieth and on or before December $75.00
thirty-first of the odd-numbered year
c. Application for license received on or after January first of an even-numbered $150.00
year
3. Initial occupational therapy assistant license fee:
a. Application for license received after June thirtieth of the even-numbered year $110.00
and before July first of the odd-numbered year
b. Application for license received after June thirtieth and on or before December $55.00
thirty-first of the odd-numbered year
c. Application for license received on or after January first of an even-numbered $110.00
year
4. Occupational therapists and occupational therapy assistants whose applications for
licensure are received on or after January first and on or before June thirtieth of the
even-numbered year are exempt from the renewal of license for the next licensing period.
5. Renewal fee:
a. Occupational therapist $150.00
b. Occupational therapy assistant $110.00
6. Student limited permit fee:

a. Occupational therapist $40.00
b. Occupational therapy assistant $30.00
Student limited permit fees will be applied to the initial license fee.
7. Late fee $100.00
8. Copy of license $10.00
9. Change of license $10.00
10. Verification of license $20.00
History: Effective April 1, 1988; amended effective November 1, 2000; February 1, 2004.
General Authority: NDCC 43-40-05, 43-40-07
Law Implemented: NDCC 43-40-05, 43-40-07
### § 55.5-02-01-04. Continued competency.

Continued competency is the ongoing application and integration of knowledge, critical thinking,
interpersonal, and psychomotor skills essential to safely and effectively deliver occupational therapy
services within the context of a licensee's role and environment.
1. The board requires a minimum of twenty contact hours within the twenty-four months prior to
the completed application for renewal of licensure. One contact hour is equal to one
clock-hour.
2. Any licensee initially licensed between July first and December thirty-first of the odd-numbered
year is required to complete ten contact hours for that licensing period with twenty contact
hours for each subsequent licensing period.
3. Any licensee initially licensed on or after January first of the even-numbered year has no
contact hour requirement until the following licensing period when the licensee is required to
complete twenty contact hours for that licensing period and each subsequent licensing period.
4. When an applicant for renewal has not been licensed for up to three years, the applicant must
submit evidence of a minimum of twenty contact hours of continued competency earned within
the twenty-four months prior to the completed application for renewal of license.
5. Board-approved continued competency must meet all the following requirements:
a. Be directly related to or supportive of occupational therapy practice.
b. Enhance the licensee's professional development and competence.
c. Be specific to the licensee's current area of practice or an intended area of practice within
the next year.
6. Continued competency includes:
a. Workshops, refresher courses, professional conferences, seminars, or education
programs presented by organizations such as the American occupational therapy
association, the national board for certification in occupational therapy, the North Dakota
occupational therapy association, medical associations, or educational and national or
state health organizations or approved by the North Dakota board of occupational
therapy practice. There is no limit on hours that may be earned under this subdivision.
b. Presentations by licensee:

(1) Professional presentations, for example, inservices, workshops, or institutes. A
presentation may be counted only one time. There is no limit on hours that may be
earned under this paragraph.
(2) Community or service organization presentations. A presentation may be counted
only one time. No more than eight hours may be earned under this paragraph.
c. Formal academic coursework.
(1) One or two credit hour class is equal to five contact hours.
(2) Three or four credit hour class is equal to ten contact hours.
d. Authoring professional publications. There is no limit on hours that may be earned under
this subdivision. Publications include:
(1) Book chapter.
Primary or coauthor of chapter in practice area-related professional textbook. One
chapter is equal to ten contact hours as evidenced by a copy of published chapter
or letter from the editor.
(2) Article.
Primary or coauthor of practice area-related article in nonpeer-reviewed
professional publication. One article is equal to five contact hours as evidenced by a
copy of published article.
Primary or coauthor of practice area-related article in peer-reviewed professional
publication. One article is equal to ten contact hours.
Primary or coauthor of practice area-related article in lay publication (e.g.,
community newspaper or newsletter). One article is equal to two contact hours.
(3) Multimedia.
Developing instructional materials - training manuals, multimedia, or software
programs - that advance the professional skills of others (not for proprietary use;
must not be part of one's primary role) as evidenced by program description
(materials may be requested by the board). Five contact hours.
(4) Research activities.
Primary or coprimary investigator in extensive scholarly research activities or
outcomes studies. Method of substantiation includes a copy of a research study that
indicates certificant as primary or coprimary investigator. Ten contact hours.
Externally funding service or training projects associated with grants or
postgraduate studies. Method of substantiation includes grant funding number or
abstract or executive summary or completed report. Ten contact hours.
e. Formal self-study course with a completion certificate. There is no limit on hours that may
be earned under this subdivision.
f. Direct supervision of occupational therapy students performing level II fieldwork or
experiential component in an occupational therapy program accredited by the
accreditation council for occupational therapy education. The licensee must be the
primary supervisor. The supervision may not be the primary responsibility of the

licensee's employment. The licensee must submit to the board a record of the students
supervised and the dates and times of supervision and a certification of the supervision
from the occupational therapy program. No more than twelve contact hours in a licensing
period may be earned under this subdivision.
g. Professional leadership. This category encompasses leadership responsibilities or
committee involvement in professional organizations, including officer or committee
chairperson in an occupational therapy or related practice area of a professional
organization or item writing for a professional certification examination. No more than six
hours may be earned under this subdivision.
h. Employer-based continued competency education program with measurable learning
outcomes at least one hour in length. No more than six hours may be earned under this
subdivision.
i. Distance learning activities.
7. Licensees and continuing education providers may submit continuing education courses to the
board for preapproval.
8. A copy of a continuing education certificate must be submitted for board approval. The
continuing education certificate must contain the person's name, dates of attendance, title of
the course, and contact hours. If the program was not formally granted contact hours, the
licensee must submit written verification of attendance signed by a supervisor or program
coordinator which includes the name of the participant, dates of attendance, title of the course,
and hours of the course, not including breaks and lunch.
9. Failure to meet the continuing competency requirements as outlined in this section will result
in denial of an application for renewal and may subject a licensee to disciplinary action. The
board may waive or allow exceptions due to extraordinary circumstances.
10. Continued competency hours may only be used once to satisfy the requirements of this
section.
History: Effective April 1, 1988; amended effective November 1, 2000; February 1, 2004; April 1, 2014;
April 1, 2021.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-15
### § 55.5-02-01-05. Passing score.

The successful passing of a national examination means obtaining a score equal to or greater than
the passing score established by a national occupational therapy certifying agency approved by the
board which is in effect at the time of the administration of the test.
History: Effective April 1, 1988; amended effective November 1, 2000.
General Authority: NDCC 43-40-05
Law Implemented: NDCC 43-40-11
### § 55.5-02-01-06. Duration of limited permit.

As used in subsections 2 and 3 of North Dakota Century Code section 43-40-13, "next available
examination" and "next examination" mean examination within four months of completion of the
education and experience requirements.
History: Effective February 1, 2004.
General Authority: NDCC 43-40-05

Law Implemented: NDCC 43-40-13
