Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

49 Pa. Code § 42.16. Biennial renewal; inactive status; failure to renew.

§ 42.16. Biennial renewal; inactive status; failure to renew.

 (a)  A license granted under the act expires on June 30 of every odd numbered year unless renewed for the next biennium.

 (b)  Biennial renewal forms, other forms and literature, and other official documents to be distributed by the Board or the Department of State will be sent to the last mailing address of record. The licensee has the responsibility to notify the Board of changes to the mailing address of record in writing within 10 days after making the address change.

 (c)  To retain the right to engage in practice, the licensee shall renew the licensee’s license biennially as follows:

   (1)  An occupational therapist shall complete the biennial renewal application, pay the required fee, certify completion of the continued competence requirement as specified in §  42.53 (relating to continued competency requirements) and certify maintenance of the required professional liability insurance coverage as specified in §  42.61 (relating to professional liability insurance requirement) which must include the insurance company name and policy number, as applicable.

   (2)  An occupational therapy assistant shall complete the biennial renewal application, pay the required fee and certify completion of the continued competence requirement as specified in §  42.53.

 (d)  As set forth in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. §  1401-225), a licensee who has engaged in practice beyond the renewal date without renewing the license will be charged a fee of $5 for each month or partial month of practice during which the license was not renewed, in addition to the biennial renewal fee.

 (e)  A licensee who does not intend to practice in this Commonwealth and who does not desire to renew his license shall inform the Board in writing. Written confirmation of the Board’s receipt of his letter and notice that his license has been classified as inactive will be forwarded to the licensee.

 (f)  The licensee who either fails to pay the biennial renewal fee or who notifies the Board that he does not desire to renew his license will not be sent biennial renewal forms for following biennial renewal periods unless the licensee notifies the Board, in writing, of his desire to reactivate the license.

 (g)  A licensee who is applying to return to active status is required to pay fees which are due and submit all of the following:

   (1)  A sworn statement stating the period of time during which the licensee was not engaged in practice in this Commonwealth.

   (2)  A resume of professional activities since the most recent licensure.

   (3)  A letter of good standing from another state or territory where the licensee is currently licensed or registered to practice, if applicable.

   (4)  Proof of professional liability insurance coverage as set forth in §  42.61 if applying to reactivate an occupational therapist license.

 (h)  The applicant for licensure renewal will not be assessed a fee or penalty for preceding biennial periods in which the applicant did not engage in practice in this Commonwealth.

 (i)  An applicant who has failed to renew a license and has not practiced for longer than 4 years shall pass the licensure examination or qualify for a waiver of examination under §  42.12 (relating to waiver of licensure examination) before the license is renewed. In addition, theBoard may require the applicant to do one or more of the following:

   (1)  Be personally interviewed by a designated Board member or representative.

   (2)  Pass an oral practical examination.

   (3)  Prove physical and mental fitness to practice in this Commonwealth.

 (j)  If other conditions of the act and this chapter have been met, active status will be restored upon payment of fees and penalties which have accrued.

 (k)  A licensee who has engaged in practice during a period in which the licensee’s license was not active may be subject to criminal prosecution under section 16(c) of the act (63 P.S. §  1516(c)).

Authority

   The provisions of this §  42.16 issued under section 5(b) of the Occupational Therapy Practice Act (63 P. S. §  1505(b)); 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)).

Source

   The provisions of this §  42.16 adopted January 27, 1989, effective January 28, 1989, 19 Pa.B. 335; amended May 4, 2018, effective May 5, 2018, 48 Pa.B. 2624. Immediately preceding text appears at serial pages (367141) to (367142).



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