Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

49 Pa. Code § 42.15. Application for temporary license.

§ 42.15. Application for temporary license.

 (a)  The Board may issue a temporary license to an applicant who pays the required fee and submits evidence satisfactory to the Board, on forms provided by the Board, that the applicant:

   (1)  Has met requirements for licensure under §  42.13 (relating to application for licensure).

   (2)  Is eligible and has applied to take the licensure examination or has failed the licensure examination but applied to retake the examination on the next scheduled date if the following applies:

     (i)   The temporary license shall expire automatically upon the failure of the applicant to take the licensure examination, except for an appropriate excuse approved by the Board.

     (ii)   The temporary license shall expire automatically upon receipt by the applicant of notice of failure of re-examination, and the applicant may not be eligible for another temporary license for a period of 1 year from the date of the notice.

     (iii)   Even after 1 year from the date of notice of failure of re-examination, the applicant may not be issued another temporary license, except at the discretion of the Board.

 (b)  A temporary license issued under subsection (a) authorizes the practice of occupational therapy only as an assistant under the direct supervision of an occupational therapist licensed under the act and this chapter.

 (c)  The Board may also issue a temporary license to an applicant who:

   (1)  Pays the required fee.

   (2)  Submits evidence satisfactory to the Board, on forms provided by the Board, that the applicant is not a resident and is not licensed in this Commonwealth.

   (3)  Submits evidence to the Board that the applicant is either licensed under the laws of the District of Columbia or of a state or territory of the United States which has licensure requirements substantially equal to the requirements of the act or has met the requirements for certification as an occupational therapist registered or a certified occupational therapy assistant established by NBCOT.

   (4)  Certifies that the applicant will perform services for not longer than a 6 consecutive month period in a calendar year, in association with an occupational therapist licensed under the act.

 (d)  In addition to the requirements in subsection (a) or subsection (c), an applicant for a temporary license as an occupational therapist shall submit one of the following:

   (1)  Proof that the applicant has professional liability insurance as set forth in §  42.61 (relating to professional liability insurance requirement).

   (2)  A letter from the applicant’s insurance carrier indicating that the applicant will be covered against professional liability in the amount specified in §  42.61(a) upon issuance of the applicant’s temporary license.

   (3)  A certification from the applicant indicating that the applicant will be covered by an employer against professional liability in the amount specified in §  42.61(a) effective upon the beginning of employment, provided that the applicant does not practice occupational therapy prior to the beginning of employment.

 (e)  In addition to the requirements in subsection (a) or subsection (c), an applicant for a temporary license as an occupational therapist shall complete, as a condition of licensure, 3 hours of approved training in child abuse recognition and reporting in accordance with §  42.48 (relating to child abuse recognition and reporting—mandatory training requirement).

Authority

   The provisions of this §  42.15 issued under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P.S. § §  1505(b) and 1506(a)(2)); amended under sections 5(b), 8(5)(vi) and 15(a) of the Occupational Therapy Practice Act (63 P.S. § §  1505(b), 1508(5)(vi) and 1515(a)); and 23 Pa.C.S. §  6383(b)(2).

Source

   The provisions of this §  42.15 adopted January 27, 1989, effective January 28, 1989, 19 Pa.B. 335; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663; amended May 4, 2018, effecitve May 5, 2018, 48 Pa.B. 2624; amended November 3, 2023, effective November 4, 2023, 53 Pa.B. 6837. Immediately preceding text appears at serial pages (415636) to (415638).

Cross References

   This section cited in 49 Pa. Code §  42.62 (relating to notifications).



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