South Carolina Code of Laws
Chapter 36 - Occupational Therapists
Section 40-36-230. Applications for licensure as occupational therapist or assistant; license requirements.

(A)(1) An applicant for licensure as an occupational therapist shall file a written application on forms provided by the board showing to the satisfaction of the board that the applicant:
(a) has graduated from an occupational therapy educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy or other educational program which the board considers to be substantially equivalent;
(b) has completed successfully a minimum of six months of supervised field work experience at an educational institution approved by the educational institution where the applicant met the academic requirements;
(c) has passed a board approved certification exam for the occupational therapist; and
(d) is in good standing with NBCOT or other board approved certification program.
(2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an initial compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of this criminal records check must not be shared outside the department.
(B)(1) An applicant for licensure as an occupational therapy assistant shall file a written application on a form approved by the board showing to the satisfaction of the board that the applicant:
(a) has graduated from an occupational therapy assistant educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy or other educational program which the board considers to be substantially equivalent;
(b) has completed successfully a minimum of two months of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where the applicant met the academic requirements;
(c) has passed a board approved certification exam for the occupational therapy assistant; and
(d) is in good standing with NBCOT or other board approved certification program.
(2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of this criminal records check must not be shared outside the department.
HISTORY: 1998 Act No. 356, Section 1; 2022 Act No. 158 (H.3599), Section 2, eff May 13, 2022.
Effect of Amendment
2022 Act No. 158, Section 2, redesignated (A) as (A)(1) and (1) to (4) as (a) to (d) and inserted (2); and redesignated (B) as (B)(1) and (1) to (4) as (a) to (d) and inserted (2).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 36 - Occupational Therapists

Section 40-36-5. Application of chapter; conflict of laws.

Section 40-36-10. Board of Occupational Therapy; creation and purpose; membership.

Section 40-36-20. Definitions.

Section 40-36-30. Required licenses; practice while license suspended or revoked; penalty.

Section 40-36-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation; establishment of fees.

Section 40-36-60. Adoption of rules and regulations; seal.

Section 40-36-70. Board regulation of licensing and discipline; additional powers and duties.

Section 40-36-80. Investigation of complaints and violations.

Section 40-36-90. Investigation results; presentation to board; procedures for hearing.

Section 40-36-100. Restraining orders and other equitable relief.

Section 40-36-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds.

Section 40-36-115. Jurisdiction of the board.

Section 40-36-120. Board authority to impose fines in addition to other sanctions; disciplinary actions.

Section 40-36-130. Grounds for denial of license may be same as for disciplinary action.

Section 40-36-140. Denial of license based on prior criminal record.

Section 40-36-150. Voluntary surrender of license by licensee being investigated.

Section 40-36-160. Appeal.

Section 40-36-170. Costs of investigation and prosecution; authority to require payment by violator.

Section 40-36-180. Collection and enforcement provisions for costs and fines.

Section 40-36-190. Confidentiality of proceedings and communications.

Section 40-36-200. Violations of chapter; submission of false information to board; penalty.

Section 40-36-210. Petition by department for injunctive relief.

Section 40-36-230. Applications for licensure as occupational therapist or assistant; license requirements.

Section 40-36-240. Notarized application form; fee; exam scores; out-of-state applicant requirements; time period for completion of process.

Section 40-36-250. Licensure without examination.

Section 40-36-260. Time period licenses are valid; renewals, fees, and penalties; continuing education requirements; inactive status; reactivation.

Section 40-36-270. Certificate of licensure; temporary licenses; restrictions; renewals; notification of name and address changes.

Section 40-36-280. Persons excepted from application of chapter.

Section 40-36-290. Responsibilities and duties of occupational therapists; records; discharge notes.

Section 40-36-300. Responsibilities and duties of occupational therapy assistants and aides; restrictions.

Section 40-36-310. Severability.

Section 40-36-510. Purpose.

Section 40-36-520. Definitions.

Section 40-36-530. State participation in the compact.

Section 40-36-540. Compact privilege.

Section 40-36-550. Obtaining a new home state license by virtue of compact privilege.

Section 40-36-560. Active duty military personnel or their spouses.

Section 40-36-570. Adverse actions.

Section 40-36-580. Establishment of the Occupational Therapy Compact Commission.

Section 40-36-590. Data system.

Section 40-36-600. Rulemaking.

Section 40-36-610. Oversight, dispute resolution, and enforcement.

Section 40-36-620. Date of implementation; withdrawal; amendment.

Section 40-36-630. Construction and severability.

Section 40-36-640. Binding effect of compact and other laws.