33-40-102. Definitions.

(a) As used in this act:

(i) "Board" means the board of occupational therapy within the department of administration and information established by W.S. 33-40-114;

(ii) "Occupational therapy assistant" or "OTA" means a person licensed under this act to assist in the practice of occupational therapy and who works under the supervision of an occupational therapist to perform tasks requiring occupational therapy professional knowledge or judgment;

(iii) "Occupational therapy" means:

(A) Repealed by Laws 2016, ch. 104, § 2.

(B) Repealed by Laws 2016, ch. 104, § 2.

(C) Repealed by Laws 2016, ch. 104, § 2.

(D) Repealed by Laws 2016, ch. 104, § 2.

(E) Repealed by Laws 2016, ch. 104, § 2.

(F) Repealed by Laws 2016, ch. 104, § 2.

(G) Repealed by Laws 2016, ch. 104, § 2.

(H) Repealed by Laws 2016, ch. 104, § 2.

(J) The therapeutic use of occupations including everyday life activities with individuals, groups, populations or organizations to support participation, performance and function in roles and situations in home, school, workplace, community and other settings;

(K) The provision of services for habilitation, rehabilitation and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction;

(M) Addressing the physical, cognitive, psychosocial, sensory-perceptual and other aspects of performance in a variety of contexts and environments to support engagement in occupations, contexts and environments that affect physical and mental health, well-being and quality of life;

(N) Performing the tasks of occupational therapy through personal interaction or appropriate use of telecommunication services and other communication technologies;

(O) Performing the tasks of an occupational therapist or occupational therapy assistant commensurate with his education, training and experience;

(P) The practice of occupational therapy which includes:

(I) The evaluation of factors affecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure and social participation;

(II) The use of methods or approaches to direct the process of interventions; and

(III) The use of interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure and social participation.

(iv) "Occupational therapist" means a person licensed to practice occupational therapy under this act;

(v) "Occupational therapy telehealth" means the provision of occupational therapy services across a distance, using telecommunications technology for the evaluation, intervention or consultation without requiring the occupational therapist and recipient to be physically located in the same place;

(vi) "Unprofessional conduct" means:

(A) Committing any act involving a patient or which adversely relates to the practice of occupational therapy which results in a felony or misdemeanor conviction. A plea of guilty, nolo contendere or similar plea shall be considered a conviction;

(B) Violating professional sexual boundaries by soliciting, encouraging, threatening, forcing or engaging in any sexual act or relationship with a patient, regardless of consent. A consensual sexual act or relationship shall not be deemed unprofessional conduct if the patient licensee relationship is terminated prior to the sexual act or relationship or if the sexual act or relationship occurs prior to any patient licensee relationship. The treatment of a spouse or significant other where the relationship is in place prior to the beginning of any patient licensee relationship shall not be unprofessional conduct if treatment is conducted without third party compensation;

(C) Sexual harassment of a patient or staff member;

(D) Suffering from an active substance abuse disorder that affects the occupational therapist's ability to perform as an occupational therapist;

(E) Denial of a license to practice occupational therapy or any disciplinary action against a licensee by any other state, the District of Columbia, territory or country for an action constituting unprofessional conduct in Wyoming;

(F) Failure to report to the board known or reasonably suspected violations of the laws and regulations governing the practice of occupational therapy in Wyoming;

(G) Submission of false information to the board;

(H) Failure to notify the board within thirty (30) days of a malpractice final judgement or settlement involving the occupational therapist;

(J) Aiding or abetting the practice of occupational therapy in violation of W.S. 33-40-103 by any person not licensed to practice in Wyoming;

(K) Submission of false or materially misleading billing information;

(M) Using any term other than "occupational therapist, registered," "occupational therapist," "OT," "certified occupational therapist," "COTA," "occupational therapy assistant" or "OTA" to reflect licensure;

(N) Employing, either directly or indirectly, any licensee under suspension or revocation, except as may be authorized by the board, or any person not licensed to practice occupational therapy to perform any task requiring licensure except that an unlicensed person may be employed to perform tasks under supervision not requiring occupational therapy professional knowledge or judgement;

(O) Accepting payment for any part of professional services delivered as a volunteer;

(P) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(Q) Violating any lawful order, rule or regulation adopted by the board;

(R) Violating any provision of this act.

(vii) "This act" means W.S. 33-40-101 through 33-40-115.