Updates requirements for licensure in occupational therapy, the official text

[First Reprint]

SENATE, No. 1493

STATE OF NEW JERSEY

222nd LEGISLATURE

Sponsored by:

Senator JOSEPH P. CRYAN

District 20 (Union)

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

Co-Sponsored by:

Assemblywomen Peterpaul and Donlon

SYNOPSIS

Updates requirements for licensure in occupational
therapy.

CURRENT VERSION OF TEXT

As reported by the Assembly Budget Committee on June
28, 2026, with amendments.

An Act concerning licensure requirements in
occupational therapy and amending and supplementing P.L.1993, c.85.

Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:

1.    Section 3 of P.L.1993,
c.85 (C.45:9-37.53) is amended to read as follows:

3.    As used in P.L.1993,
c.85 (C.45:9-37.51 et seq.):

“Client” means a person,
group, or population that receives professional services rendered by a licensed
occupational therapist, a licensed occupational therapy assistant or a
temporary licensed occupational therapist or assistant in medical, health, mental
and behavioral health and educational, vocational, social, or community
settings.

“Continuing competence and
professional development” means a requirement, as a condition of licensure
renewal, to provide evidence of participation in, or completion of, educational
and professional activities relevant to the practice or area of work of a
licensee.  This shall include the continuing professional development process
of maintaining and documenting the application of knowledge, skills and
behaviors required to function effectively, safely, ethically, and legally
through ongoing self-assessment, development, and implementation of a personal
professional development plan and subsequent self-reassessment.

"Council" means the
Occupational Therapy Advisory Council established pursuant to section 4 of
P.L.1993, c.85 (C.45:9-37.54).

"Director" means the
Director of the Division of Consumer Affairs in the Department of Law and
Public Safety.

“LGBTQIA+” means a member
of the lesbian, gay, bisexual, pansexual, transgender, genderqueer, queer,
intersex, agender, asexual, questioning, and other non-heterosexual-identifying
community.

“NBCOT” means the National
Board for Certification in Occupational Therapy.

“Occupational performance”
means the performance of life skills, roles and functions, within all areas of
occupation, including activities of daily living, instrumental activities of
daily living, health management, rest and sleep, education, work, play,
leisure, and social participation that are affected by sensory, motor,
perceptual, cognitive, psycho-social, or mental and behavioral health
abilities.

"Occupational
therapist" means a person licensed to practice occupational therapy
pursuant to the provisions of P.L.1993, c.85 (C.45:9-37.51 et seq.).

"Occupational
therapy" means the evaluation, planning, and implementation of a program
of purposeful activities to develop or maintain functional skills necessary to
achieve the maximal physical or mental and behavioral functioning, or
both, of the [individual in the
person's daily]
client for optimum occupational performance. The tasks of daily living
may be threatened or impaired by physical injury or illness, developmental
disability, sensorimotor disability, psychological and social disability, the
aging process, poverty, or cultural deprivation. Occupational therapy utilizes
task oriented activities adapted to prevent or correct physical or emotional
disabilities as well as to minimize the disabling effects of those disabilities
on the life of the [individual] client.
[Occupational
therapy services include the use of specific techniques which enhance
functional performance and include, but are not limited to, the evaluation and
assessment of an individual's
self-care, lifestyle performance patterns, work skills, performance
related cognitive, sensory, motor, perceptual, affective, interpersonal and
social functioning, vocational, and prevocational capacities, the design,
fabrication, and application of adaptive equipment or prosthetic or orthotic
devices, excluding dental devices, the administration of standardized and
nonstandardized assessments, and consultation concerning the adaptation of
physical environments for persons with disabilities.  These services are
provided to individuals or groups through medical, health, educational and
social systems.]

"Occupational therapy
assistant" means a person licensed pursuant to the provisions of [this act] P.L.1993,
c.85 (C.45:9-37.51 et seq.) to assist in the practice of occupational
therapy under the supervision of or in collaboration with an occupational
therapist on a regularly scheduled basis for the purpose of the planning,
review, or evaluation of occupational therapy services.

“Occupational therapy
services” means the use of specific techniques to enhance the occupational
performance of a client, including, but not limited to, the evaluation and
assessment of a client's self-care; lifestyle performance patterns; work
skills; performance-related cognitive, sensory, motor, perceptual, mental,
behavioral, affective, interpersonal and social functioning; and vocational and
prevocational capacities. Occupational therapy services also includes the
design, fabrication, and application of adaptive equipment or prosthetic or
orthotic devices, excluding dental devices; the utilization of physical agent
modalities; the administration of standardized and non-standardized
assessments; and consultation including recommendations for the adaptation of
physical environments.  Occupational therapy services may also be provided 1[in
traditional, non-traditional and emerging areas in line with occupational
therapy practice including, but not limited to,]to address1 parental
health; women’s health; pelvic health and intimacy; LGBTQIA+ issues; sports and
concussion management; disaster preparedness and emergency management; and
population health management.  1[The
services shall be provided to individuals, groups, or populations through
medical, health and wellness, educational, community, and social systems.]

"Purposeful
activities" means acts and occupations of craftsmanship and workmanship,
as well as creative, educational, or other activities, which in whole or in
part are used to correct, compensate for, or prevent dysfunction in the tasks
and activities of everyday living, and which simultaneously incorporate
personally and culturally relevant biological, psychological, and social
elements that produce positive adaptation and motivational behavior.

"Supervision" means
the responsible and direct involvement of a licensed occupational therapist
with an occupational therapy assistant, a temporary licensed occupational
therapist, a temporary licensed occupational therapy assistant, or an
occupational therapy student fulfilling the required fieldwork component of
educational training for the development of an occupational therapy
treatment plan and the periodic review of the implementation of that plan. The
form and extent of the supervision shall be determined by the council.

"Task oriented
activities" means purposeful activities having an explicit, observable,
and measurable short-term goal which contributes to the well-being of [self or others] clients.

(cf: P.L.2017, c.131, s.182)

2.    Section 4 of P.L.1993,
c.85 (C.45:9-37.54) is amended to read as follows:

4.    There is established in
the Division of Consumer Affairs in the Department of Law and Public Safety an
Occupational Therapy Advisory Council appointed by the Governor, with the
advice and consent of the Senate, which shall serve as an advisory body to the
Director of the Division of Consumer Affairs.  The council shall consist of
seven members who are residents of the State, four of whom shall be licensed
occupational therapists having at least five years of experience in
occupational therapy in this State immediately preceding appointment, one of
whom shall be a licensed occupational therapy assistant having at least five
years of experience in occupational therapy in this State immediately preceding
appointment, and two of whom shall be public members.  The first occupational
therapist and occupational therapy assistant members shall be qualified for
licensure pursuant to the provisions of [this
act] P.L.1993,
c.85 (C.45:9-37-51 et seq.).

Except for those first
appointed, members shall serve for a term of three years.  Each member shall
hold office until the appointment of his successor. A vacancy in the office of
any member shall be filled for the unexpired term only.  The initial appointment
to the council shall be two members for terms of one year, two members for
terms of two years, and three members for terms of three years.  No member
shall serve more than [two] three
successive terms.

The Governor may remove any
council member for misconduct, incompetency or neglect of duty after providing
the council member with a written statement of charges and an opportunity for a
hearing thereon.

(cf: P.L.1993, c.85, s.4)

3.    Section 5 of P.L.1993,
c.85 (C.45:9-37.55) is amended to read as follows:

5.    The members of the
council, before entering the discharge of their duties, and within 30 days
after their appointment, shall take and subscribe to an oath before an officer
authorized to administer oaths in this State for the faithful performance of
their duties and file the oath with the Secretary of State.  The members of the
council shall annually elect from their number a chairman and a vice-chairman
each of whom shall hold office for one year and until a successor is elected
and qualified.

Regular meetings of the
council shall be held at such times and places as it prescribes and special
meetings may be held upon the call of the chairman or the director.  At least [two] four
regular meetings shall be held each year.

(cf: P.L.1993, c.85, s.5)

4.    Section 7 of P.L.1993,
c.85 (C.45:9-37.57) is amended to read as follows:

7.    In addition to such
other powers and duties as the director may possess by law, the director
shall:

a.    Administer, coordinate
and enforce the provisions of [this
act] P.L.1993,
c.85 (C.45:9-37.51 et seq.) and delegate, at the director's discretion, to
the council one or more of the director's powers or duties authorized pursuant
to [this
act] P.L.1993,
c.85 (C.45:9-37.51 et seq.);

b.    Evaluate the
qualifications of applicants for licensure under [this act] P.L.1993,
c.85 (C.45:9-37.51 et seq.) as an occupational therapist or occupational
therapy assistant and administer or approve in consultation with the council
the examinations for licensure as an occupational therapist or occupational
therapy assistant and issue a license to each qualified applicant;

c.    Investigate allegations
of practices violating the provisions of [this
act] P.L.1993,
c.85 (C.45:9-37.51 et seq.);

d.    Establish standards
relating to professional conduct, qualifications for professional licensure,
ethical standards, and disciplinary proceedings;

e.    Maintain a record of
every occupational therapist and occupational therapy assistant licensed in
this State, their places of business, places of residence and the date and
number of their licenses;

f.     Conduct hearings
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), except that the director shall have the right to
administer oaths to witnesses, and shall have the power to issue subpoenas for
the compulsory attendance of witnesses and the production of pertinent books,
papers, or records;

g.    In consultation with
the council, establish continuing competence and professional development requirements;
and

h.    Do any and all
things which may be appropriate to achieve the objectives contemplated by [this act] P.L.1993,
c.85 (C.45:9-37.51 et seq.).

(cf: P.L.1993, c.85, s.7)

5.    Section 11 of P.L.1993,
c.85 (C.45:9-37.61) is amended to read as follows:

11.  To be eligible for
licensure as an occupational therapist, an applicant shall fulfill the
following requirements:

a.    Be at least 18 years of
age;

b.    Be of good moral
character;

c.    Present evidence to the
director of having successfully completed the academic requirements of an
educational program in occupational therapy approved by the director, in
consultation with the council, and accredited by the Accreditation Council
for Occupational Therapy Education, the American Occupational Therapy
Association, the World Federation of Occupational Therapy or other nationally
recognized programmatic accrediting agency; and

d.    [Submit to the
director evidence of having successfully completed at least 24 weeks of
supervised fieldwork experience approved by the educational institution at
which the applicant completed the occupational therapy educational program; and] Deleted by
amendment, P.L.    , c.     (pending before the Legislature as this bill)

e.  Successfully complete an
examination administered by the NBCOT or other nationally recognized
certification agency, or approved by the director, in consultation with the
council, to determine the applicant's competence to practice occupational
therapy.

(cf: P.L.1993, c.85, s.11)

6.    Section 12 of P.L.1993,
c.85 (C.45:9-37.62) is amended to read as follows:

12.  To be eligible for
licensure as an occupational therapy assistant, an applicant shall fulfill the
following requirements:

a.    Be at least 18 years of
age;

b.    Be of good moral
character;

c.    Present evidence to the
director of having successfully completed the academic requirements of an
educational program in occupational therapy approved by the director, in
consultation with the council[;], and
accredited by the Accreditation Council for Occupational Therapy Education, the
American Occupational Therapy Association, the World Federation of Occupational
Therapy or other nationally recognized programmatic accrediting agency; and

d.    [Submit to the
director evidence of having successfully completed at least 12 weeks of
supervised fieldwork experience approved by the educational institution at
which the applicant completed the occupational therapy educational program;] Deleted by
amendment, P.L.    , c.     (pending before the Legislature as this bill).

e.  Successfully complete an
examination administered by the NBCOT or other nationally recognized
certification agency, or approved by the director, in consultation with the
council, to determine the applicant's competence to practice occupational
therapy.

(cf: P.L.1993, c.85, s.12)

7.    Section 13 of P.L.1993,
c.85 (C.45:9-37.63) is amended to read as follows:

13.  [The
examinations required by]
Pursuant to the examination requirements in sections 11 and 12 of [this act] P.L.1993,
c.85 (C.45:9-37.61 and 37.62), [shall
test the applicant's knowledge of basic and clinical sciences as they relate to
occupational therapy, occupational therapy techniques and methods, and any
other subjects the director, in consultation with the council, may require to
determine the applicant's fitness to practice occupational therapy.
Examinations shall be held within the State at least twice a year at a time and
place to be determined by the director, in consultation with the council. The
director shall give adequate written notice of the examination to applicants
for licensure and examination.  An applicant who fails an examination may apply
for re-examination upon payment of the prescribed fee] applicants for examination
and reexamination upon failure shall follow the process set forth by the NBCOT
or other nationally recognized certification agency.

(cf: P.L.1993, c.85, s.13)

8.    Section 14 of P.L.1993,
c.85 (C.45:9-37.64) is amended to read as follows:

14.  a.  The director, in
consultation with the council, shall issue a license to any applicant who has
satisfactorily met all the requirements of [this
act] P.L.1993,
c.85 (C.45:9-37.51 et seq.). No license shall be issued to an applicant if
the applicant has: (1) committed any act which if committed by a licensee would
be grounds for suspension or revocation; or (2) misrepresented any material
fact on the applicant's application.

b.    Except in the case of a
temporary license issued pursuant to section 17 of [this act] P.L.1993,
c.85 (C.45:9-37.67), all licenses shall be issued for a two-year period
upon the payment of the licensing fee prescribed by the director, and shall be
renewed upon the filing of a renewal application, which shall require proof
of fulfilling continuing competence and professional development requirements,
pursuant to section 10 of P.L.    , c.   (C.   ) (pending before the
Legislature as this bill), and the payment of a licensing renewal fee.  The
director may provide for the late renewal of a license upon the payment of a
late fee in accordance with rules and regulations, but no late renewal of a
license may be granted more than five years after its expiration.

c.    A practitioner whose
license is suspended or revoked or whose surrender of license with or without
prejudice has been accepted by the director or the council shall promptly
deliver the original license and current biennial registration to the council.

(cf: P.L.1993, c.85, s.14)

9.    Section 18 of P.L.1993,
c.85 (C.45:9-37.68) is amended to read as follows:

18.  The director may grant
inactive license status to a licensee who: a. is not actively practicing as an
occupational therapist or an occupational therapy assistant; b. does not
represent himself as an occupational therapist or an occupational therapy assistant;
and c. completes [any] continuing [education] competence
and professional development requirements [which
may be]
established by the director, in consultation with the council, pursuant to
sections 4 and 10 of P.L.    , c.    (C.        ) (pending before the
Legislature as this bill).

(cf: P.L.1993, c.85, s.18)

10.  (New section) a.  Pursuant
to sections 4 and 9 of P.L.    , c.    (C.        ) (pending before the
Legislature as this bill), continuing competence and professional development
requirements shall be a condition for licensure renewal for licensed
occupational therapists and licensed occupational therapy assistants.  The
director, in consultation with the council, shall establish:

(1)  standards for:

(a)   programs offering
continuing competence and professional development requirements; and

(b)  continuing competence and
professional development requirements specific to ethics and jurisprudence; and

(2)  the number of credits for
occupational therapists and occupational therapy assistance for each biennial
licensure renewal period.

b.    Each credit to be
acquired by a licensed occupational therapist and for a licensed occupational
therapy assistant shall represent or be equivalent to one hour of actual course
attendance, or in the case of those electing an alternative method of
satisfying the requirements, shall be approved by the director, in consultation
with the council, and certified pursuant to procedures established for that
purpose.

11.  This act shall take
effect on the first day of the thirteenth month next and shall be applicable to
applications for initial licensure or for licensure renewal received on or
after that date.