House Amendment to Senate File 364 S-5193 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 order 11 to achieve optimum function, for maintenance of health 12 and prevention of disability. “Occupational therapy” 13 includes but is not limited to providing assessment, 14 design, fabrication, application, and fitting of 15 selected orthotic devices and training in the use of 16 prosthetic devices. > 17 2. Page 2, after line 35 by inserting: 18 < Sec. ___. Section 148B.2, subsection 2, Code 2011, 19 is amended to read as follows: 20 2. “Occupational therapy” means the therapeutic 21 application of specific tasks used for the purpose of 22 evaluation and treatment of problems interfering with 23 functional performance in persons impaired by physical 24 illness or injury, emotional disorder, congenital or 25 developmental disability, or the aging process in 26 order to achieve optimum function, for maintenance of 27 health and prevention of disability use of occupations, 28 including everyday life activities with individuals, 29 groups, populations, or organizations to support 30 participation, performance, and function in roles and 31 situations in home, school, workplace, community, and 32 other settings. Occupational therapy services are 33 provided for habilitation, rehabilitation, and the 34 promotion of health and wellness to those who have 35 or are at risk for developing an illness, injury, 36 disease, disorder, condition, impairment, disability, 37 activity limitation, or participation restriction. 38 Occupational therapy addresses the physical, cognitive, 39 psychosocial, sensory-perceptual, and other aspects of 40 performance in a variety of contexts and environments 41 to support engagement in occupations that affect 42 physical and mental health, well-being, and quality of 43 life . 44 Sec. ___. Section 148B.3, subsection 5, Code 2011, 45 is amended by striking the subsection. 46 Sec. ___. Section 148B.3, subsection 6, Code 2011, 47 is amended to read as follows: 48 6. A nonresident performing occupational therapy 49 services in the state who is not licensed under 50 -1- SF364.5773.H (2) 84 md 1/ 4 #1. #2.

this chapter , if the services are performed for not 1 more than ninety thirty days in a calendar year in 2 association with an occupational therapist licensed 3 under this chapter , and the nonresident meets either of 4 the following requirements: 5 a. The nonresident is licensed under the law of 6 another state which has licensure requirements at least 7 as stringent as the requirements of this chapter , or . 8 b. The nonresident meets the requirements for 9 certification as an occupational therapist registered 10 (O.T.R.), or a certified occupational therapy assistant 11 (C.O.T.A.) established by the American national board 12 for certification in occupational therapy association . 13 Sec. ___. Section 148B.4, Code 2011, is amended to 14 read as follows: 15 148B.4 Limited permit. 16 1. A limited permit to practice occupational 17 therapy may be granted to persons a person who have 18 has completed the education and experience academic 19 and field work requirements of for occupational 20 therapists under this chapter and has not yet taken or 21 received the results of the entry-level certification 22 examination . This permit shall A permit granted 23 pursuant to this subsection shall be valid for a period 24 of time as determined by the board by rule and shall 25 allow the person to practice occupational therapy under 26 the direction and appropriate supervision of a licensed 27 an occupational therapist and shall be valid until 28 the date on which the results of the next qualifying 29 examination have been made public licensed under this 30 chapter . This The permit shall expire when the person 31 is issued a license under section 148B.5 or if the 32 person is notified that the person did not pass the 33 examination. The limited permit shall not be renewed 34 if the applicant has failed the examination . 35 2. A limited permit to assist in the practice of 36 occupational therapy may be granted to a person who 37 has completed the academic and field work requirements 38 for occupational therapy assistants under this chapter 39 and has not yet taken or received the results of the 40 entry-level certification examination. A permit 41 granted pursuant to this subsection shall be valid for 42 a period of time as determined by the board by rule 43 and shall allow the person to assist in the practice 44 of occupational therapy under the direction and 45 appropriate supervision of an occupational therapist 46 licensed under this chapter. The permit shall expire 47 when the person is issued a license under section 48 148B.5 or if the person is notified that the person did 49 not pass the examination. The limited permit shall not 50 -2- SF364.5773.H (2) 84 md 2/ 4

be renewed. 1 Sec. ___. Section 148B.6, Code 2011, is amended to 2 read as follows: 3 148B.6 Waiver of requirements for licensing. 4 1. The board may waive the examination and grant a 5 license : 6 1. to To a person certified prior to January 7 1, 1981, as an occupational therapist registered 8 (O.T.R.) or a certified occupational therapy assistant 9 (C.O.T.A.) by the American Occupational Therapy 10 Association occupational therapy association . 11 2. The board shall waive the education and 12 experience requirements for licensure in section 13 148B.5 , subsections 1 and 2 , for applicants for a 14 license who present evidence to the board that they 15 have been engaged in the practice of occupational 16 therapy on and prior to January 1, 1981. Proof of 17 actual practice shall be presented to the board in a 18 manner as it prescribes by rule. To obtain the benefit 19 of this waiver, an applicant must successfully complete 20 the examination within one year from January 1, 1981. 21 However, the waiver is conditional upon the applicant 22 satisfying the education and experience requirements of 23 section 148B.5 , subsections 1 and 2 , within five years 24 of the waiver being granted and if those requirements 25 are not satisfied at the expiration of those five years 26 the board shall revoke the license. 27 3. 2. The board may waive the examination and 28 grant a license to To an applicant who presents proof 29 of current licensure as an occupational therapist 30 or occupational therapy assistant in another state, 31 the District of Columbia, or a territory of the 32 United States which requires standards for licensure 33 considered by the board to be equivalent to the 34 requirements for licensure of this chapter . 35 Sec. ___. NEW SECTION . 148B.8 Unlawful practice. 36 1. A person shall not practice occupational therapy 37 or assist in the practice of occupational therapy, 38 provide occupational therapy services, hold oneself out 39 as an occupational therapist or occupational therapy 40 assistant or as being able to practice occupational 41 therapy or assist in the practice of occupational 42 therapy, or provide occupational therapy services in 43 this state unless the person is licensed under this 44 chapter. 45 2. It is unlawful for any person not licensed as an 46 occupational therapist in this state or whose license 47 is suspended or revoked to use in connection with the 48 person’s name or place of business in this state the 49 words “occupational therapist” , “licensed occupational 50 -3- SF364.5773.H (2) 84 md 3/ 4

therapist” , or any word, title, letters, or designation 1 that implies that the person is an occupational 2 therapist. 3 3. It is unlawful for any person not licensed as an 4 occupational therapy assistant in this state or whose 5 license is suspended or revoked to use in connection 6 with the person’s name or place of business in this 7 state, the words “occupational therapy assistant” , 8 “licensed occupational therapy assistant” , or any word, 9 title, letters, or designation that implies that the 10 person is an occupational therapy assistant. 11 Sec. ___. NEW SECTION . 148B.9 False use of titles 12 prohibited. 13 A person or business entity, including the 14 employees, agents, or representatives of the 15 business entity, shall not use in connection with 16 that person or business entity’s business activity, 17 the words “occupational therapy”, “occupational 18 therapist”, “licensed occupational therapist”, “doctor 19 of occupational therapy”, “occupational therapy 20 assistant”, “licensed occupational therapy assistant”, 21 or the letters “O.T.”, “O.T./L.”, “O.T.D.”, “O.T.A.”, 22 “O.T.A./L.”, or any words, abbreviations, or insignia 23 indicating or implying that occupational therapy 24 is provided or supplied unless such services are 25 provided by or under the direction and supervision of 26 an occupational therapist licensed pursuant to this 27 chapter. > 28 3. Page 7, line 2, after < caregivers. > by inserting 29 < Any changes to the nationally accepted standards by 30 the American board for certification in orthotics, 31 prosthetics and pedorthics which impact scope of 32 practice may be approved by the board along with the 33 adoption of rules as required in this section. > 34 4. Page 11, by striking lines 6 through 19. 35 5. Title page, line 1, by striking < of > and 36 inserting < and regulation of persons offering 37 occupational therapy services, and > 38 6. Title page, line 2, after < pedorthists > 39 by inserting < , providing exceptions for persons 40 practicing within the scope of their professions, > 41 7. By renumbering as necessary. 42 -4- SF364.5773.H (2) 84 md 4/ 4 #3. #4. #5. #6.