H.F. 2261 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 -1- LSB 5474HV (2) 84 ad/nh 1/ 6

H.F. 2261 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 35 -2- LSB 5474HV (2) 84 ad/nh 2/ 6

H.F. 2261 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 1. to To a person certified prior to January 1, 1981, as 10 an occupational therapist registered (O.T.R.) or a certified 11 occupational therapy assistant (C.O.T.A.) by the American 12 Occupational Therapy Association occupational therapy 13 association . 14 2. The board shall waive the education and experience 15 requirements for licensure in section 148B.5 , subsections 16 1 and 2 , for applicants for a license who present evidence 17 to the board that they have been engaged in the practice of 18 occupational therapy on and prior to January 1, 1981. Proof 19 of actual practice shall be presented to the board in a manner 20 as it prescribes by rule. To obtain the benefit of this 21 waiver, an applicant must successfully complete the examination 22 within one year from January 1, 1981. However, the waiver is 23 conditional upon the applicant satisfying the education and 24 experience requirements of section 148B.5 , subsections 1 and 25 2 , within five years of the waiver being granted and if those 26 requirements are not satisfied at the expiration of those five 27 years the board shall revoke the license. 28 3. 2. The board may waive the examination and grant a 29 license to To an applicant who presents proof of current 30 licensure as an occupational therapist or occupational therapy 31 assistant in another state, the District of Columbia, or a 32 territory of the United States which requires standards for 33 licensure considered by the board to be equivalent to the 34 requirements for licensure of this chapter . 35 -3- LSB 5474HV (2) 84 ad/nh 3/ 6

H.F. 2261 Sec. 6. NEW SECTION . 148B.8 Unlawful practice. 1 1. A person shall not practice occupational therapy or 2 assist in the practice of occupational therapy, provide 3 occupational therapy services, hold oneself out as an 4 occupational therapist or occupational therapy assistant or 5 as being able to practice occupational therapy or assist in 6 the practice of occupational therapy, or provide occupational 7 therapy services in this state unless the person is licensed 8 under this chapter. 9 2. It is unlawful for any person not licensed as an 10 occupational therapist in this state or whose license is 11 suspended or revoked to use in connection with the person’s 12 name or place of business in this state the words “occupational 13 therapist” , “licensed occupational therapist” , or any word, 14 title, letters, or designation that implies that the person is 15 an occupational therapist. 16 3. It is unlawful for any person not licensed as an 17 occupational therapy assistant in this state or whose license 18 is suspended or revoked to use in connection with the person’s 19 name or place of business in this state, the words “occupational 20 therapy assistant” , “licensed occupational therapy assistant” , or 21 any word, title, letters, or designation that implies that the 22 person is an occupational therapy assistant. 23 Sec. 7. NEW SECTION . 148B.9 False use of titles prohibited. 24 A person or business entity, including the employees, 25 agents, or representatives of the business entity, shall 26 not use in connection with that person or business entity’s 27 business activity, the words “occupational therapy”, 28 “occupational therapist”, “licensed occupational therapist”, 29 “doctor of occupational therapy”, “occupational therapy 30 assistant”, “licensed occupational therapy assistant”, or the 31 letters “O.T.”, “O.T./L.”, “O.T.D.”, “O.T.A.”, “O.T.A./L.”, or 32 any words, abbreviations, or insignia indicating or implying 33 that occupational therapy is provided or supplied unless such 34 services are provided by or under the direction and supervision 35 -4- LSB 5474HV (2) 84 ad/nh 4/ 6

H.F. 2261 of an occupational therapist licensed pursuant to this chapter. 1 EXPLANATION 2 This bill amends Code chapter 148B, regulating persons 3 offering occupational therapy services. The bill amends the 4 definition of “occupational therapy” to mean the therapeutic 5 use of occupations, including everyday life activities to 6 support participation, performance, and function in roles and 7 situations in a variety of settings. The bill states that 8 occupational therapy services are provided for habilitation, 9 rehabilitation, and the promotion of health and wellness. The 10 bill states that occupational therapy addresses physical, 11 cognitive, psychosocial, sensory-perceptual, and other aspects 12 of performance to support engagement in occupations that affect 13 physical and mental health, well-being, and quality of life. 14 The bill strikes Code section 148B.3(5), regarding the 15 limited practice of a nonresident performing occupational 16 therapy services in the state. The bill amends Code section 17 148B.3(6) to decrease the number of days in which a nonresident 18 performing occupational therapy services in the state who is 19 not licensed under Code chapter 148B can perform services in 20 a calendar year from 90 to 30 days. The bill also amends Code 21 section 148B.3(6) to provide that a nonresident practicing in 22 the state without a license pursuant to the Code chapter must 23 meet the requirements for certification as an occupational 24 therapist or a certified occupational therapy assistant 25 established by the national board for certification in 26 occupational therapy. 27 The bill amends Code section 148B.4 to state that a limited 28 permit to practice occupational therapy or to assist in the 29 practice of occupational therapy may be granted to a person who 30 has completed the academic and field work requirements, but 31 has not taken or has not received results from the entry-level 32 certification examination. The limited permit is valid for a 33 period determined by the board by rule and allows a person to 34 practice occupational therapy, or to assist in the practice 35 -5- LSB 5474HV (2) 84 ad/nh 5/ 6

H.F. 2261 of occupational therapy, under the direction and appropriate 1 supervision of an occupational therapist licensed under the 2 Code chapter. The limited permit expires when the person is 3 issued a license under Code section 148B.5 or the person is 4 notified that the person did not pass the examination. The 5 limited permit may not be renewed. 6 The bill amends Code section 148B.6 by striking a provision 7 regarding the waiver of the education and experience 8 requirements for licensure of applicants who present evidence 9 of engagement in the practice of occupational therapy on or 10 prior to January 1, 1981. 11 The bill provides that it is unlawful for a person to 12 practice occupational therapy or to assist in that practice, 13 or claim to be an occupational therapist or occupational 14 therapy assistant, or claim to practice occupational therapy 15 or assist in the practice of occupational therapy, or provide 16 occupational therapy services in the state without a license. 17 The bill specifies that a person not licensed in the state 18 as an occupational therapist or an assistant in the practice 19 of occupational therapy shall not use words that would imply 20 the person is an occupational therapist or an assistant to an 21 occupational therapist. 22 The bill also specifies that a person shall not use words or 23 other abbreviations in connection with that person’s business 24 activity that would imply that occupational therapy is provided 25 unless the services are provided under the direction and 26 supervision of an occupational therapist licensed under Code 27 chapter 148B. 28 -6- LSB 5474HV (2) 84 ad/nh 6/ 6