(1) (a) Each occupational therapist and occupational therapy assistant shall maintain continuing professional competency to practice occupational therapy. (b) The director shall establish a continuing professional competency program that includes: (I) A self-assessment of the knowledge and skills of a licensee seeking to renew or reinstate a license; (II) Development, execution, and documentation of a learning plan based on the self- assessment described in subsection (1)(b)(I) of this section; and (III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession; except that an occupational therapist or occupational therapy assistant licensed pursuant to this article 270 need not retake the examination required by section 12-270-107 (2) or 12-270-108 (2), respectively, for initial licensure. (2) A licensee satisfies the continuing competency requirements of this section if the licensee meets the continuing professional competency requirements of an accrediting body or an entity that is approved by the director. (3) (a) After the program is established, a licensee must satisfy the requirements of the program in order to renew or reinstate a license to practice occupational therapy. (b) The requirements of this section apply to individual occupational therapists and occupational therapy assistants, and nothing in this section requires a person who employs or contracts with an occupational therapist or occupational therapy assistant to comply with this section. (4) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program: (a) Are confidential and not subject to inspection by the public or discovery in connection with a civil action against an occupational therapist, occupational therapy assistant, or other professional regulated under this title 12; and (b) May be used only by the director and only for the purpose of determining whether a licensee is maintaining continuing professional competency to engage in the profession. (5) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice occupational therapy according to generally accepted standards and professional ethical standards.
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