Senate File 364 H-8369 Amend Senate File 364, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. Page 2, after line 35 by inserting: 3 < Sec. ___. Section 148B.2, subsection 2, Code 2011, 4 is amended to read as follows: 5 2. “Occupational therapy” means the therapeutic 6 application of specific tasks used for the purpose of 7 evaluation and treatment of problems interfering with 8 functional performance in persons impaired by physical 9 illness or injury, emotional disorder, congenital or 10 developmental disability, or the aging process in 11 order to achieve optimum function, for maintenance of 12 health and prevention of disability use of occupations, 13 including everyday life activities with individuals, 14 groups, populations, or organizations to support 15 participation, performance, and function in roles and 16 situations in home, school, workplace, community, and 17 other settings. Occupational therapy services are 18 provided for habilitation, rehabilitation, and the 19 promotion of health and wellness to those who have 20 or are at risk for developing an illness, injury, 21 disease, disorder, condition, impairment, disability, 22 activity limitation, or participation restriction. 23 Occupational therapy addresses the physical, cognitive, 24 psychosocial, sensory-perceptual, and other aspects of 25 performance in a variety of contexts and environments 26 to support engagement in occupations that affect 27 physical and mental health, well-being, and quality of 28 life . 29 Sec. ___. Section 148B.3, subsection 5, Code 2011, 30 is amended by striking the subsection. 31 Sec. ___. Section 148B.3, subsection 6, Code 2011, 32 is amended to read as follows: 33 6. A nonresident performing occupational therapy 34 services in the state who is not licensed under 35 this chapter , if the services are performed for not 36 more than ninety thirty days in a calendar year in 37 association with an occupational therapist licensed 38 under this chapter , and the nonresident meets either of 39 the following requirements: 40 a. The nonresident is licensed under the law of 41 another state which has licensure requirements at least 42 as stringent as the requirements of this chapter , or . 43 b. The nonresident meets the requirements for 44 certification as an occupational therapist registered 45 (O.T.R.), or a certified occupational therapy assistant 46 (C.O.T.A.) established by the American national board 47 for certification in occupational therapy association . 48 Sec. ___. Section 148B.4, Code 2011, is amended to 49 read as follows: 50 -1- SF364.5404 (1) 84 ad/nh 1/ 4 #1.

148B.4 Limited permit. 1 1. A limited permit to practice occupational 2 therapy may be granted to persons a person who have 3 has completed the education and experience academic 4 and field work requirements of for occupational 5 therapists under this chapter and has not yet taken or 6 received the results of the entry-level certification 7 examination . This permit shall A permit granted 8 pursuant to this subsection shall be valid for a period 9 of time as determined by the board by rule and shall 10 allow the person to practice occupational therapy under 11 the direction and appropriate supervision of a licensed 12 an occupational therapist and shall be valid until 13 the date on which the results of the next qualifying 14 examination have been made public licensed under this 15 chapter . This The permit shall expire when the person 16 is issued a license under section 148B.5 or if the 17 person is notified that the person did not pass the 18 examination. The limited permit shall not be renewed 19 if the applicant has failed the examination . 20 2. A limited permit to assist in the practice of 21 occupational therapy may be granted to a person who 22 has completed the academic and field work requirements 23 for occupational therapy assistants under this chapter 24 and has not yet taken or received the results of the 25 entry-level certification examination. A permit 26 granted pursuant to this subsection shall be valid for 27 a period of time as determined by the board by rule 28 and shall allow the person to assist in the practice 29 of occupational therapy under the direction and 30 appropriate supervision of an occupational therapist 31 licensed under this chapter. The permit shall expire 32 when the person is issued a license under section 33 148B.5 or if the person is notified that the person did 34 not pass the examination. The limited permit shall not 35 be renewed. 36 Sec. ___. Section 148B.6, Code 2011, is amended to 37 read as follows: 38 148B.6 Waiver of requirements for licensing. 39 1. The board may waive the examination and grant a 40 license : 41 1. to To a person certified prior to January 42 1, 1981, as an occupational therapist registered 43 (O.T.R.) or a certified occupational therapy assistant 44 (C.O.T.A.) by the American Occupational Therapy 45 Association occupational therapy association . 46 2. The board shall waive the education and 47 experience requirements for licensure in section 48 148B.5 , subsections 1 and 2 , for applicants for a 49 license who present evidence to the board that they 50 -2- SF364.5404 (1) 84 ad/nh 2/ 4

have been engaged in the practice of occupational 1 therapy on and prior to January 1, 1981. Proof of 2 actual practice shall be presented to the board in a 3 manner as it prescribes by rule. To obtain the benefit 4 of this waiver, an applicant must successfully complete 5 the examination within one year from January 1, 1981. 6 However, the waiver is conditional upon the applicant 7 satisfying the education and experience requirements of 8 section 148B.5 , subsections 1 and 2 , within five years 9 of the waiver being granted and if those requirements 10 are not satisfied at the expiration of those five years 11 the board shall revoke the license. 12 3. 2. The board may waive the examination and 13 grant a license to To an applicant who presents proof 14 of current licensure as an occupational therapist 15 or occupational therapy assistant in another state, 16 the District of Columbia, or a territory of the 17 United States which requires standards for licensure 18 considered by the board to be equivalent to the 19 requirements for licensure of this chapter . 20 Sec. ___. NEW SECTION . 148B.8 Unlawful practice. 21 1. A person shall not practice occupational therapy 22 or assist in the practice of occupational therapy, 23 provide occupational therapy services, hold oneself out 24 as an occupational therapist or occupational therapy 25 assistant or as being able to practice occupational 26 therapy or assist in the practice of occupational 27 therapy, or provide occupational therapy services in 28 this state unless the person is licensed under this 29 chapter. 30 2. It is unlawful for any person not licensed as an 31 occupational therapist in this state or whose license 32 is suspended or revoked to use in connection with the 33 person’s name or place of business in this state the 34 words “occupational therapist” , “licensed occupational 35 therapist” , or any word, title, letters, or designation 36 that implies that the person is an occupational 37 therapist. 38 3. It is unlawful for any person not licensed as an 39 occupational therapy assistant in this state or whose 40 license is suspended or revoked to use in connection 41 with the person’s name or place of business in this 42 state, the words “occupational therapy assistant” , 43 “licensed occupational therapy assistant” , or any word, 44 title, letters, or designation that implies that the 45 person is an occupational therapy assistant. 46 Sec. ___. NEW SECTION . 148B.9 False use of titles 47 prohibited. 48 A person or business entity, including the 49 employees, agents, or representatives of the 50 -3- SF364.5404 (1) 84 ad/nh 3/ 4

business entity, shall not use in connection with 1 that person or business entity’s business activity, 2 the words “occupational therapy”, “occupational 3 therapist”, “licensed occupational therapist”, “doctor 4 of occupational therapy”, “occupational therapy 5 assistant”, “licensed occupational therapy assistant”, 6 or the letters “O.T.”, “O.T./L.”, “O.T.D.”, “O.T.A.”, 7 “O.T.A./L.”, or any words, abbreviations, or insignia 8 indicating or implying that occupational therapy 9 is provided or supplied unless such services are 10 provided by or under the direction and supervision of 11 an occupational therapist licensed pursuant to this 12 chapter. > 13 2. Title page, line 1, by striking < of > and 14 inserting < and regulation of persons offering 15 occupational therapy services, and > 16 3. By renumbering as necessary. 17 ______________________________ KOESTER of Polk -4- SF364.5404 (1) 84 ad/nh 4/ 4 #2. #3.