§ 2003 — Board of Occupational Therapy Practice; appointments; qualifications; term; vacancies; suspension or removal; compensation

(a) The Board of Occupational Therapy Practice administers and enforces this chapter.

(b) The Board consists of 5 members who are residents of this State and appointed by the Governor as follows:

(1) Two occupational therapists.

(2) One occupational therapy assistant.

(3) Two public members, who must meet all of the following qualifications:

a. Not be, nor ever have been, an occupational therapist or occupational therapy assistant.

b. Not be, nor ever have been, a member of the immediate family of an occupational therapist or occupational therapy assistant.

c. Not be, nor ever have been employed by an occupational therapist or occupational therapy assistant.

d. Not have a material interest in the providing of goods and services to an occupational therapist or occupational therapy assistant.

e. Not have been engaged in an activity directly related to occupational therapy.

(c) Each member is appointed for a term of 3 years. A member may succeed the member’s term for 1 additional term, and may not be appointed again until a period of 3 years has expired.

(d) [Repealed.]

(e) Any act or vote by a member appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless the amendment or revision amends this section to permit the appointment.

(f) (1) The Governor may remove a member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. If a member is absent from 3 consecutive meetings or attends less than 50% of meetings in a 12-month period, the member is in neglect of duty and may be assumed to have resigned, and the Governor may accept the member’s resignation.

(2) A member subject to disciplinary hearing is disqualified from board business until the charge is adjudicated or the matter is otherwise concluded.

(g) A member, while serving on the Board, may not hold elective office in any professional association of occupational therapists or occupational therapy assistants, including serving as head of the professional association’s Political Action Committee.

(h) The law regulating the conduct of officers and employees of the State under Chapter 58 of Title 29 applies to all members of the Board.

(i) [Repealed.]

(j) Each member of the Board must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

65 Del. Laws, c. 172, § 1 ; 66 Del. Laws, c. 400, § 1 ; 67 Del. Laws, c. 368, § 11 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 293, § 1 ; 81 Del. Laws, c. 85, § 10 ; 81 Del. Laws, c. 424, § 3