1.2relating to health occupations; making changes to licensure of occupational
1.3therapists;amending Minnesota Statutes 2012, sections 148.6402, subdivision
1.417; 148.6404; 148.6430; 148.6432, subdivision 1; repealing Minnesota Statutes
1.52013 Supplement, section 148.6440.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to
1.8read:
1.9    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
1.10that use the properties of light, water, temperature, sound, or electricity to produce a
1.11response in soft tissue. The physical agent modalities referred to in sections 148.6404
1.12 and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
1.13and ultrasound.

1.14    Sec. 2. Minnesota Statutes 2012, section 148.6404, is amended to read:
1.15148.6404 SCOPE OF PRACTICE.
1.16The practice of occupational therapy by an occupational therapist or occupational
1.17therapy assistant includes, but is not limited to, intervention directed toward:
1.18(1) assessment and evaluation, including the use of skilled observation or
1.19the administration and interpretation of standardized or nonstandardized tests and
1.20measurements, to identify areas for occupational therapy services;
1.21(2) providing for the development of sensory integrative, neuromuscular, or motor
1.22components of performance;
2.1(3) providing for the development of emotional, motivational, cognitive, or
2.2psychosocial components of performance;
2.3(4) developing daily living skills;
2.4(5) developing feeding and swallowing skills;
2.5(6) developing play skills and leisure capacities;
2.6(7) enhancing educational performance skills;
2.7(8) enhancing functional performance and work readiness through exercise, range of
2.8motion, and use of ergonomic principles;
2.9(9) designing, fabricating, or applying rehabilitative technology, such as selected
2.10orthotic and prosthetic devices, and providing training in the functional use of these devices;
2.11(10) designing, fabricating, or adapting assistive technology and providing training
2.12in the functional use of assistive devices;
2.13(11) adapting environments using assistive technology such as environmental
2.14controls, wheelchair modifications, and positioning;
2.15(12) employing physical agent modalities, in preparation for or as an adjunct to
2.16purposeful activity, within the same treatment session or to meet established functional
2.17occupational therapy goals, consistent with the requirements of section 148.6440; and
2.18(13) promoting health and wellness.

2.19    Sec. 3. Minnesota Statutes 2012, section 148.6430, is amended to read:
2.20148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
2.21The occupational therapist is responsible for all duties delegated to the occupational
2.22therapy assistant or tasks assigned to direct service personnel. The occupational therapist
2.23may delegate to an occupational therapy assistant those portions of a client's evaluation,
2.24reevaluation, and treatment that, according to prevailing practice standards of the
2.25American Occupational Therapy Association, can be performed by an occupational
2.26therapy assistant. The occupational therapist may not delegate portions of an evaluation or
2.27reevaluation of a person whose condition is changing rapidly. Delegation of duties related
2.28to use of physical agent modalities to occupational therapy assistants is governed by
2.29section 148.6440, subdivision 6.

2.30    Sec. 4. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
2.31    Subdivision 1. Applicability. If the professional standards identified in section
2.32148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
2.33treatment procedure, the occupational therapist must provide supervision consistent
3.1with this section. Supervision of occupational therapy assistants using physical agent
3.2modalities is governed by section 148.6440, subdivision 6.

3.3    Sec. 5. REPEALER.
3.4Minnesota Statutes 2013 Supplement, section 148.6440, is repealed.

3.5    Sec. 6. EFFECTIVE DATE.
3.6Sections 1 to 5 are effective the day following final enactment.