§ 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(A) Repealed by Laws 2016, ch. 104, § 2.
(B) Repealed by Laws 2016, ch. 104, § 2.
(C) Repealed by Laws 2016, ch. 104, § 2.
(D) Repealed by Laws 2016, ch. 104, § 2.
(E) Repealed by Laws 2016, ch. 104, § 2.
(F) Repealed by Laws 2016, ch. 104, § 2.
(G) Repealed by Laws 2016, ch. 104, § 2.
(H) Repealed by Laws 2016, ch. 104, § 2.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 judgment 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 judgment;
(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