Section 1150-02-.03 - NECESSITY OF LICENSURE(1) It is unlawful for any person who is not licensed in the manner prescribed in Title 63, Chapter 13 of The Tennessee Code Annotated to represent himself as an occupational therapist or occupational therapy assistant or to hold himself out to the public as being licensed by using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification.(2) Occupational therapy is one of the healing arts and as such the practice is restricted to those persons credentialed by this board. Persons engaging in the practice of occupational therapy without being credentialed or expressly exempted by the laws are in violation of division law, T.C.A. § 63-1-123.(3) No person shall hold himself out to the public by a title or description of services incorporating the words "occupational therapist" or "occupational therapy assistant", nor shall state or imply that he is licensed unless such person is licensed or expressly exempted pursuant to T.C.A. §§ 63-13-201, et seq. The provisions of these rules do not apply to a person if that person is preparing for the practice of occupational therapy under a qualified supervisor in a training institution approved by the board of occupational therapy(4) Teaching or instruction of occupational therapy in an occupational therapy program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE), or in developing programs in the process of receiving accreditation constitutes the practice of occupational therapy and the provision of occupational therapy services to the public requiring licensure.(5) Licensee Use of Titles - Any person who possesses a valid, current and active license issued by the Board that has not been suspended or revoked has the right to use the title "Occupational Therapist" or "Occupational Therapy Assistant" as applicable, and to use the acronyms "O.T." or "O.T.A." as applicable, and to practice occupational therapy, as defined in T.C.A. § 63-13-103. Any person to whom this rule applies must use one of the titles authorized by this rule in every "advertisement" [as that term is defined in rule 1150-02-.13(2) (a) ] he or she publishes or the failure to do so will constitute an omission of a material fact which makes the advertisement misleading and deceptive and subjects the licensee to disciplinary action pursuant to T.C.A. § 63-13-209(a) (1) and (a) (3).Tenn. Comp. R. & Regs. 1150-02-.03
Original rule filed March 15, 1996; effective May 29, 1996. Amendment filed October 11, 2005; effective December 25, 2005. Amendment filed August 18, 2006; effective November 1, 2006. Amendment filed October 21, 2009; effective January 19, 2010.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-123, 63-1-145, 63-13-102, 63-13-103, 63-13-104, 63-13-108, 63-13-202, 63-13-203, 63-13-204, 63-13-209, 63-13-210, 63-13-211, 63-13-212, and 63-13-216.