Bill Text: IA SF2174 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of persons offering occupational therapy services and making penalties applicable. (Formerly SSB 3092.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-20 - Referred to State Government. H.J. 586. [SF2174 Detail]
Download: Iowa-2011-SF2174-Introduced.html
Senate
File
2174
-
Introduced
SENATE
FILE
2174
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3092)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
persons
offering
1
occupational
therapy
services
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
2174
Section
1.
Section
148B.2,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
“Occupational
therapy”
means
the
therapeutic
application
3
of
specific
tasks
used
for
the
purpose
of
evaluation
and
4
treatment
of
problems
interfering
with
functional
performance
5
in
persons
impaired
by
physical
illness
or
injury,
emotional
6
disorder,
congenital
or
developmental
disability,
or
the
aging
7
process
in
order
to
achieve
optimum
function,
for
maintenance
8
of
health
and
prevention
of
disability
use
of
occupations,
9
including
everyday
life
activities
with
individuals,
groups,
10
populations,
or
organizations
to
support
participation,
11
performance,
and
function
in
roles
and
situations
in
home,
12
school,
workplace,
community,
and
other
settings.
Occupational
13
therapy
services
are
provided
for
habilitation,
rehabilitation,
14
and
the
promotion
of
health
and
wellness
to
those
who
have
15
or
are
at
risk
for
developing
an
illness,
injury,
disease,
16
disorder,
condition,
impairment,
disability,
activity
17
limitation,
or
participation
restriction.
Occupational
18
therapy
addresses
the
physical,
cognitive,
psychosocial,
19
sensory-perceptual,
and
other
aspects
of
performance
in
a
20
variety
of
contexts
and
environments
to
support
engagement
in
21
occupations
that
affect
physical
and
mental
health,
well-being,
22
and
quality
of
life
.
23
Sec.
2.
Section
148B.3,
subsection
5,
Code
2011,
is
amended
24
by
striking
the
subsection.
25
Sec.
3.
Section
148B.3,
subsection
6,
Code
2011,
is
amended
26
to
read
as
follows:
27
6.
A
nonresident
performing
occupational
therapy
services
28
in
the
state
who
is
not
licensed
under
this
chapter
,
if
the
29
services
are
performed
for
not
more
than
ninety
thirty
days
in
30
a
calendar
year
in
association
with
an
occupational
therapist
31
licensed
under
this
chapter
,
and
the
nonresident
meets
either
32
of
the
following
requirements:
33
a.
The
nonresident
is
licensed
under
the
law
of
another
34
state
which
has
licensure
requirements
at
least
as
stringent
as
35
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2174
the
requirements
of
this
chapter
,
or
.
1
b.
The
nonresident
meets
the
requirements
for
certification
2
as
an
occupational
therapist
registered
(O.T.R.),
or
3
a
certified
occupational
therapy
assistant
(C.O.T.A.)
4
established
by
the
American
national
board
for
certification
in
5
occupational
therapy
association
.
6
Sec.
4.
Section
148B.4,
Code
2011,
is
amended
to
read
as
7
follows:
8
148B.4
Limited
permit.
9
1.
A
limited
permit
to
practice
occupational
therapy
may
10
be
granted
to
persons
a
person
who
have
has
completed
the
11
education
and
experience
academic
and
field
work
requirements
12
of
for
occupational
therapists
under
this
chapter
and
has
13
not
yet
taken
or
received
the
results
of
the
entry-level
14
certification
examination
.
This
permit
shall
A
permit
granted
15
pursuant
to
this
subsection
shall
be
valid
for
a
period
of
16
time
as
determined
by
the
board
by
rule
and
shall
allow
the
17
person
to
practice
occupational
therapy
under
the
direction
18
and
appropriate
supervision
of
a
licensed
an
occupational
19
therapist
and
shall
be
valid
until
the
date
on
which
the
20
results
of
the
next
qualifying
examination
have
been
made
21
public
licensed
under
this
chapter
.
This
The
permit
shall
22
expire
when
the
person
is
issued
a
license
under
section
148B.5
23
or
if
the
person
is
notified
that
the
person
did
not
pass
the
24
examination.
The
limited
permit
shall
not
be
renewed
if
the
25
applicant
has
failed
the
examination
.
26
2.
A
limited
permit
to
assist
in
the
practice
of
27
occupational
therapy
may
be
granted
to
a
person
who
has
28
completed
the
academic
and
field
work
requirements
for
29
occupational
therapy
assistants
under
this
chapter
and
has
30
not
yet
taken
or
received
the
results
of
the
entry-level
31
certification
examination.
A
permit
granted
pursuant
to
this
32
subsection
shall
be
valid
for
a
period
of
time
as
determined
33
by
the
board
by
rule
and
shall
allow
the
person
to
assist
in
34
the
practice
of
occupational
therapy
under
the
direction
and
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appropriate
supervision
of
an
occupational
therapist
licensed
1
under
this
chapter.
The
permit
shall
expire
when
the
person
2
is
issued
a
license
under
section
148B.5
or
if
the
person
is
3
notified
that
the
person
did
not
pass
the
examination.
The
4
limited
permit
shall
not
be
renewed.
5
Sec.
5.
Section
148B.6,
Code
2011,
is
amended
to
read
as
6
follows:
7
148B.6
Waiver
of
requirements
for
licensing.
8
1.
The
board
may
waive
the
examination
and
grant
a
license
9
to
:
10
1.
To
a
person
certified
prior
to
January
1,
1981,
as
an
11
occupational
therapist
registered
(O.T.R.)
or
a
certified
12
occupational
therapy
assistant
(C.O.T.A.)
by
the
American
13
Occupational
Therapy
Association
occupational
therapy
14
association
.
15
2.
The
board
shall
waive
the
education
and
experience
16
requirements
for
licensure
in
section
148B.5
,
subsections
17
1
and
2
,
for
applicants
for
a
license
who
present
evidence
18
to
the
board
that
they
have
been
engaged
in
the
practice
of
19
occupational
therapy
on
and
prior
to
January
1,
1981.
Proof
20
of
actual
practice
shall
be
presented
to
the
board
in
a
manner
21
as
it
prescribes
by
rule.
To
obtain
the
benefit
of
this
22
waiver,
an
applicant
must
successfully
complete
the
examination
23
within
one
year
from
January
1,
1981.
However,
the
waiver
is
24
conditional
upon
the
applicant
satisfying
the
education
and
25
experience
requirements
of
section
148B.5
,
subsections
1
and
26
2
,
within
five
years
of
the
waiver
being
granted
and
if
those
27
requirements
are
not
satisfied
at
the
expiration
of
those
five
28
years
the
board
shall
revoke
the
license.
29
3.
2.
The
board
may
waive
the
examination
and
grant
a
30
license
to
To
an
applicant
who
presents
proof
of
current
31
licensure
as
an
occupational
therapist
or
occupational
therapy
32
assistant
in
another
state,
the
District
of
Columbia,
or
a
33
territory
of
the
United
States
which
requires
standards
for
34
licensure
considered
by
the
board
to
be
equivalent
to
the
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requirements
for
licensure
of
this
chapter
.
1
Sec.
6.
NEW
SECTION
.
148B.8
Unlawful
practice.
2
1.
A
person
shall
not
practice
occupational
therapy
or
3
assist
in
the
practice
of
occupational
therapy,
provide
4
occupational
therapy
services,
hold
oneself
out
as
an
5
occupational
therapist
or
occupational
therapy
assistant
or
6
as
being
able
to
practice
occupational
therapy
or
assist
in
7
the
practice
of
occupational
therapy,
or
provide
occupational
8
therapy
services
in
this
state
unless
the
person
is
licensed
9
under
this
chapter.
10
2.
It
is
unlawful
for
any
person
not
licensed
as
an
11
occupational
therapist
in
this
state
or
whose
license
is
12
suspended
or
revoked
to
use
in
connection
with
the
person’s
13
name
or
place
of
business
in
this
state
the
words
“occupational
14
therapist”,
“licensed
occupational
therapist”,
or
any
word,
15
title,
letters,
or
designation
that
implies
that
the
person
is
16
an
occupational
therapist.
17
3.
It
is
unlawful
for
any
person
not
licensed
as
an
18
occupational
therapy
assistant
in
this
state
or
whose
19
license
is
suspended
or
revoked
to
use
in
connection
with
the
20
person’s
name
or
place
of
business
in
this
state,
the
words
21
“occupational
therapy
assistant”,
“licensed
occupational
22
therapy
assistant”,
or
any
word,
title,
letters,
or
designation
23
that
implies
that
the
person
is
an
occupational
therapy
24
assistant.
25
Sec.
7.
NEW
SECTION
.
148B.9
False
use
of
titles
prohibited.
26
A
person
or
business
entity,
including
the
employees,
27
agents,
or
representatives
of
the
business
entity,
shall
28
not
use
in
connection
with
that
person
or
business
entity’s
29
business
activity,
the
words
“occupational
therapy”,
30
“occupational
therapist”,
“licensed
occupational
therapist”,
31
“doctor
of
occupational
therapy”,
“occupational
therapy
32
assistant”,
“licensed
occupational
therapy
assistant”,
or
the
33
letters
“O.T.”,
“O.T./L.”,
“O.T.D.”,
“O.T.A.”,
“O.T.A./L.”,
or
34
any
words,
abbreviations,
or
insignia
indicating
or
implying
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that
occupational
therapy
is
provided
or
supplied
unless
such
1
services
are
provided
by
or
under
the
direction
and
supervision
2
of
an
occupational
therapist
licensed
pursuant
to
this
chapter.
3
EXPLANATION
4
This
bill
amends
Code
chapter
148B,
regulating
persons
5
offering
occupational
therapy
services.
The
bill
amends
the
6
definition
of
“occupational
therapy”
to
mean
the
therapeutic
7
use
of
occupations,
including
everyday
life
activities
to
8
support
participation,
performance,
and
function
in
roles
and
9
situations
in
a
variety
of
settings.
The
bill
states
that
10
occupational
therapy
services
are
provided
for
habilitation,
11
rehabilitation,
and
the
promotion
of
health
and
wellness.
The
12
bill
states
that
occupational
therapy
addresses
physical,
13
cognitive,
psychosocial,
sensory-perceptual,
and
other
aspects
14
of
performance
to
support
engagement
in
occupations
that
affect
15
physical
and
mental
health,
well-being,
and
quality
of
life.
16
The
bill
strikes
Code
section
148B.3(5),
regarding
the
17
limited
practice
of
a
nonresident
performing
occupational
18
therapy
services
in
the
state.
The
bill
amends
Code
section
19
148B.3(6)
to
decrease
the
number
of
days
in
which
a
nonresident
20
performing
occupational
therapy
services
in
the
state
who
is
21
not
licensed
under
Code
chapter
148B
can
perform
services
in
22
a
calendar
year
from
90
to
30
days.
The
bill
also
amends
Code
23
section
148B.3(6)
to
provide
that
a
nonresident
practicing
in
24
the
state
without
a
license
pursuant
to
the
Code
chapter
must
25
meet
the
requirements
for
certification
as
an
occupational
26
therapist
or
a
certified
occupational
therapy
assistant
27
established
by
the
national
board
for
certification
in
28
occupational
therapy.
29
The
bill
amends
Code
section
148B.4
to
state
that
a
limited
30
permit
to
practice
occupational
therapy
or
to
assist
in
the
31
practice
of
occupational
therapy
may
be
granted
to
a
person
who
32
has
completed
the
academic
and
field
work
requirements,
but
33
has
not
taken
or
has
not
received
results
from
the
entry-level
34
certification
examination.
The
limited
permit
is
valid
for
a
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period
determined
by
the
board
by
rule
and
allows
a
person
to
1
practice
occupational
therapy,
or
to
assist
in
the
practice
2
of
occupational
therapy,
under
the
direction
and
appropriate
3
supervision
of
an
occupational
therapist
licensed
under
the
4
Code
chapter.
The
limited
permit
expires
when
the
person
is
5
issued
a
license
under
Code
section
148B.5
or
the
person
is
6
notified
that
the
person
did
not
pass
the
examination.
The
7
limited
permit
may
not
be
renewed.
8
The
bill
amends
Code
section
148B.6
by
striking
a
provision
9
regarding
the
waiver
of
the
education
and
experience
10
requirements
for
licensure
of
applicants
who
present
evidence
11
of
engagement
in
the
practice
of
occupational
therapy
on
or
12
prior
to
January
1,
1981.
13
The
bill
provides
that
it
is
unlawful
for
a
person
to
14
practice
occupational
therapy
or
to
assist
in
that
practice,
15
or
claim
to
be
an
occupational
therapist
or
occupational
16
therapy
assistant,
or
claim
to
practice
occupational
therapy
17
or
assist
in
the
practice
of
occupational
therapy,
or
provide
18
occupational
therapy
services
in
the
state
without
a
license.
19
The
bill
specifies
that
a
person
not
licensed
in
the
state
20
as
an
occupational
therapist
or
an
assistant
in
the
practice
21
of
occupational
therapy
shall
not
use
words
that
would
imply
22
the
person
is
an
occupational
therapist
or
an
assistant
to
an
23
occupational
therapist.
24
The
bill
also
specifies
that
a
person
shall
not
use
words
or
25
other
abbreviations
in
connection
with
that
person’s
business
26
activity
that
would
imply
that
occupational
therapy
is
provided
27
unless
the
services
are
provided
under
the
direction
and
28
supervision
of
an
occupational
therapist
licensed
under
Code
29
chapter
148B.
30
A
person
who
violates
this
bill
may
be
subject
to
licensing
31
sanctions
and,
unless
a
specific
penalty
is
otherwise
provided,
32
is
guilty
of
a
serious
misdemeanor
pursuant
to
Code
section
33
147.86.
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