SENATE FILE _____

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON)

A BILL FOR

An Act relating to the regulation of persons offering occupational therapy services and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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