The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

HEALTH CARE BOARDS:

OCCUPATIONAL THERAPISTS:

PUBLIC HEALTH CODE:

Recertification of occupational therapists by private corporation

Persons registered by the Michigan Board of Occupational Therapists as occupational therapists and occupational therapy assistants need not be continually reexamined and recertified by the National Board of Certification and Occupational Therapy, Inc., a private corporation, in order to retain their privilege to practice their occupations in Michigan.


Opinion No. 6978

April 8, 1998


Honorable Curtis Hertel
State Representative
The Capitol
Lansing, Michigan 48913


You have asked whether persons registered by the Michigan Board of Occupational Therapists (Board) as occupational therapists and occupational therapy assistants must be continually recertified by the National Board of Certification and Occupational Therapy, Inc. (NBCOT), a private corporation, in order to retain the privilege to practice their occupations in Michigan.

Responsibility for the licensing of Michigan health care professionals is set forth in Article 15 of the Public Health Code (Code), 1978 PA 368, MCL 333.1101 et seq; MSA 14.15(1101) et seq. The Code's title provides that its purpose is, inter alia, "to regulate occupations, facilities and agencies affecting the public health . . . ." (Emphasis added.) The Code is to be liberally construed for the protection of the health, safety, and welfare of the people of this state. Section 1111(2).

A health care board may "accept passing a national or regional examination developed for use in the United States for the purpose of meeting a state board examination or a part thereof." Section 16178(1). The Board of Occupational Therapists, in consultation with the Department of Consumer and Industry Services, must promulgate rules setting forth the minimum standards for registration as a certified occupational therapist and certified occupational therapist assistant. Sections 18307 and 18309.

In conformance with the above statutory requirements, administrative rules were promulgated which establish the requirements for state registration as occupational therapists and therapist assistants. These rules, which require that applicants seeking registration must pass the certification examination conducted and scored by the NBCOT, provide as follows:

Rule 4. An applicant for an occupational therapist registration, in addition to meeting the requirements of the code and the administrative rules promulgated pursuant thereto, shall comply with all of the following provisions:

(a) Submit a completed application on a form provided by the department, together with the requisite fee.

(b) Demonstrate a working knowledge of the English language in accordance with the provisions of R 338.1200.

(c) Have graduated from an occupational therapist educational program that is acceptable to the board pursuant to the provisions of
R 338.1198.

(d) Have passed the certification examination for occupational therapists, registered, which is conducted and scored by the national board for certification in occupational therapy.

1997 MR 1 R 338.1194.

Rule 6. An applicant for an occupational therapy assistant registration, in addition to meeting the requirements of the code and the administrative rules promulgated pursuant thereto, shall comply with all of the following provisions:

(a) Submit a completed application on a form provided by the department, together with the requisite fee.

(b) Demonstrate a working knowledge of the English language in accordance with the provisions of R 338.1200.

(c) Have graduated from an occupational therapy assistant educational program that is acceptable to the board pursuant to the provisions of R 338.1198.

(d) Have passed the certification examination for occupational therapy assistants which is conducted and scored by the national board for certification in occupational therapy.

1997 MR 1 R 338.1196.

Information supplied with your request indicates that the NBCOT intends to impose on registered occupational therapists and registered occupational therapy assistants a periodic registration renewal fee and a continuing reexamination requirement. Neither the Code nor the administrative rules, however, require that registered occupational therapists and occupational therapy assistants be continually reexamined and recertified by the NBCOT following their successful completion of the initial registration examination.1 The essence of your question is whether continual recertification by the NBCOT is required in order for state-registered occupational therapists and occupational therapy assistants to maintain their privilege to practice their occupations in Michigan. Based on the foregoing, it is clear that Michigan law does not require recertification by the NBCOT of state-registered occupational therapists and occupational therapy assistants. Thus, while adoption of the initial registration examinations is authorized by Code section 16178(1), the NBCOT may not impose on registered occupational therapists and occupational therapy assistants additional recertification requirements not contemplated by current statutes and rules governing these professions.

It is my opinion, therefore, that persons registered by the Michigan Board of Occupational Therapists as occupational therapists and occupational therapy assistants need not be continually reexamined and recertified by the National Board of Certification and Occupational Therapy, Inc., a private corporation, in order to retain their privilege to practice their occupations in Michigan.



FRANK J. KELLEY
Attorney General

1 Following initial registration, all registrants are required to renew their registration every two years. Code sections 16204 and 16205(2) authorize the Board to promulgate rules establishing a continuing education requirement for registration renewal. The Board, however, has not promulgated rules implementing any continuing education requirement for registration renewal.