Stronger oversight for occupational therapists

Summary#

• This bill updates and continues the New Brunswick Association of Occupational Therapists as the regulator for the profession.

• It sets clear rules for who can call themselves an occupational therapist, how people get and keep a licence, and how complaints and discipline work.

• It also adds strong measures to prevent and address sexual misconduct, and allows therapists to form professional corporations.

• Only licensed registrants may practise occupational therapy or use the title “occupational therapist” (or “OT”).

• A public register must list each registrant’s licence, any limits on practice, and discipline outcomes that are not under a publication ban.

• Registrants must complete continuing-competence requirements and carry professional liability insurance.

• The Association can investigate complaints, hold hearings, order interim suspensions if needed to protect the public, and publish certain decisions.

• Mandatory reporting of sexual abuse by health professionals, public education, and regular reports to the Minister are required.

• Occupational therapists may operate as professional corporations if they meet set ownership and practice rules.

• Fines apply for unauthorized practice or using the title without a licence; courts can issue injunctions to stop violations.

What it means for you#

• Workers (Occupational therapists)

  • You must be registered and licensed to work, use the OT title, or bill for services.
  • You need to keep your contact info current, log practice hours, complete approved learning each year, and maintain liability insurance.
  • The Association may audit your practice, require competence assessments, or set conditions on your licence.
  • Discipline decisions, limits on your licence, and any approved expanded scope will be posted on the public website, unless banned from publication.
  • You must report suspected sexual abuse by another health professional within 30 days if you have reasonable grounds and know their name.

• Clients and families

  • You can look up your therapist on a public website to see if they are licensed, any limits on their practice, and certain discipline results.
  • There is a defined process to make a written complaint about misconduct, incompetence, or incapacity.
  • The law requires measures to prevent sexual misconduct, and some outcomes must be made public.

• Employers and health facilities

  • You must ensure anyone practising as an OT is duly licensed; hiring or allowing unlicensed practice is prohibited.
  • Expect clearer verification through the public register and more formal reporting duties related to complaints.

• Students

  • You may use the title “student occupational therapist” while training under supervision.
  • You must follow any terms set by the Association for student practice.

• Small clinics and businesses

  • You can choose to practise through a professional corporation if ownership and practice rules are met (for example, voting shares held by registrants and proper naming).
  • Corporations must hold a valid licence from the Association and file required returns.

• Out-of-province practitioners

  • Prior discipline or limits in another jurisdiction must be disclosed and may affect New Brunswick licensing or conditions on practice.

Expenses#

No publicly available information.

Proponents' View#

• Improves public safety by setting clear standards, requiring ongoing competence, and enforcing rules with meaningful penalties.
• Increases transparency through a public register that shows licence status, conditions, and discipline results.
• Modernizes the framework to match other regulated health professions, especially with strong sexual misconduct prevention and reporting.
• Gives the regulator tools to act quickly (like interim suspensions) when there is a risk to patients.
• Lets therapists form professional corporations, which can simplify business operations while keeping professional accountability.

Opponents' View#

• May raise costs and paperwork for therapists and small clinics (fees, insurance, audits, and training), which could be harder in rural areas.
• Broad investigation powers and public posting of outcomes may affect privacy and reputations; some fear unfair harm if details are posted.
• Interim suspensions and wide definitions of misconduct could be seen as too strong if used before full hearings conclude.
• Only a minimum of one public representative on the Council may not satisfy those seeking more public oversight.
• Strict title protection and employer duties could limit flexibility in places with workforce shortages if licensing is delayed.