Bill Text: FL S0990 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Occupational Therapy
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S0990 Detail]
Download: Florida-2021-S0990-Introduced.html
Bill Title: Occupational Therapy
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S0990 Detail]
Download: Florida-2021-S0990-Introduced.html
Florida Senate - 2021 SB 990 By Senator Bradley 5-00602A-21 2021990__ 1 A bill to be entitled 2 An act relating to occupational therapy; amending s. 3 468.203, F.S.; revising and defining terms; amending 4 s. 468.209, F.S.; revising the fieldwork experience 5 requirement for certain persons to take the 6 examination for licensure as an occupational 7 therapist; amending s. 468.215, F.S.; authorizing 8 licensed occupational therapists to use a specified 9 title and initials; amending s. 468.223, F.S.; 10 prohibiting certain persons from using a specified 11 title and initials; providing criminal penalties; 12 amending s. 468.225, F.S.; providing construction; 13 reenacting ss. 1002.385(5)(c) and 1002.66(2)(c), F.S., 14 relating to the Gardiner Scholarship and specialized 15 instructional services for children with disabilities, 16 respectively, to incorporate the amendment made to s. 17 468.203, F.S., in references thereto; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (4) of section 468.203, Florida 23 Statutes, is amended to read: 24 468.203 Definitions.—As used in this act, the term: 25 (4) “Occupational therapy” means the therapeutic use of 26 occupations with individuals, groups, or populations, along with 27 their families or organizations to support participation, 28 performance, and function in roles and situations in the home, 29 at school, in the workplace, in the community, and in other 30 settings. The term also includes services provided for 31 habilitation, rehabilitation, and the promotion of health and 32 wellness for clients with disability and nondisability-related 33 needs, including, but not limited to, acquisition and 34 preservation of occupational identity for clients who have or 35 are at risk of developing an illness, injury, disease, disorder, 36 condition, impairment, disability, activity limitation, or 37 participation restriction. Through engagement in everyday 38 activities, occupational therapy supports occupational 39 performance in persons who have, or are at risk of experiencing, 40 a range of developmental, physical, cognitive, behavioral, 41 mental health, and other disorders and disabilitiespurposeful42activity or interventions to achieve functional outcomes. 43 (a) For the purposes of this subsection: 44 1. “Activities of daily living” means functions and tasks 45 for self-care which are performed on a daily or routine basis, 46 including functional mobility, bathing, dressing, eating and 47 swallowing, personal hygiene and grooming, toileting, and other 48 similar tasks“Achieving functional outcomes” means to maximize49the independence and the maintenance of health of any individual50who is limited by a physical injury or illness, a cognitive51impairment, a psychosocial dysfunction, a mental illness, a52developmental or a learning disability, or an adverse53environmental condition. 54 2. “Assessment” means the use of skilled observation or the 55 administration and interpretation of standardized or 56 nonstandardized tests and measurements to identify areas for 57 occupational therapy services. 58 3. “Behavioral health services” means the promotion of 59 occupational performance and participation through services to 60 support and facilitate the prevention and treatment of, and for 61 the management of and recovery from, mental health and substance 62 abuse disorders, within the scope of practice of occupational 63 therapy. These include services to support positive mental 64 health, prevention of mental health disorders, and direct 65 individual and group interventions for the purpose of improving 66 occupational participation and performance. 67 4. “Health management” means activities related to 68 developing, managing, and maintaining health and wellness, 69 including self-management, with the goal of improving or 70 maintaining health to support participation in occupations. 71 5. “Instrumental activities of daily living” means daily or 72 routine activities a person must perform to live independently 73 within the home and community. 74 6. “Mental health services” means the promotion of 75 occupational performance and participation related to mental 76 health, coping, resilience, and well-being. These services 77 include the treatment of mental health and substance abuse 78 disorders by providing individual, group, and population level 79 supports and services to those who are at risk of, experiencing, 80 or in recovery from these conditions, along with their families 81 and communities, within the scope of practice of occupational 82 therapy. 83 7. “Occupations” means meaningful and purposeful everyday 84 activities performed and engaged in by individuals, groups, 85 populations, families, or communities which occur in contexts 86 and over time, being broadly categorized as activities of daily 87 living, instrumental activities of daily living, health 88 management, rest and sleep, education, work, play, leisure, and 89 social participation. The term includes more specific 90 occupations and execution of multiple activities that are 91 influenced by performance patterns, performance skills, and 92 client factors, resulting in varied outcomes. 93 8. “Occupational performance” means the ability to 94 perceive, desire, recall, plan, and carry out roles, routines, 95 tasks, and subtasks for the purpose of self-maintenance, self 96 preservation, productivity, leisure, and rest, for oneself or 97 others, in response to internal or external demands of 98 occupations and contexts. 99 (b) The practice of occupational therapy includesservices100include, but isarenot limited to: 101 1. Evaluation of factors that affect activities of daily 102 living, instrumental activities of daily living, health 103 management, rest and sleep, education, work, play, leisure, and 104 social participation, including context, performance patterns, 105 performance skills, and client factorsThe assessment,106treatment, and education of or consultation with the individual,107family, or other persons. 108 2. Methods or approaches selected to direct the process of 109 interventions, including, but not limited to: 110 a. Establishment, remediation, or restoration of a skill or 111 ability that has not yet developed, is impaired, or is in 112 decline. 113 b. Compensation, modification, or adaptation of activity 114 contexts to improve or enhance performance. 115 c. Maintenance of capabilities without which performance in 116 everyday life occupations would decline. 117 d. Health promotion and wellness, including the use of 118 self-management strategies, to enable or enhance performance in 119 everyday life activities and quality of life. 120 e. Prevention of the occurrence or emergence of barriers to 121 performance and participation, including injury and disability 122 prevention, and occupational deprivationInterventions directed123toward developing daily living skills, work readiness or work124performance, play skills or leisure capacities, or enhancing125educational performance skills. 126 3. Interventions and procedures to promote or enhance 127 safety and performance in activities of daily living, 128 instrumental activities of daily living, health management, rest 129 and sleep, education, work, play, leisure, and social 130 participation, including, but not limited to: 131 a. Therapeutic use of occupations, exercises, and 132 activities. 133 b. Training in self-care, self-management, health 134 management and maintenance, home management, community or work 135 reintegration, and school activities and work performance. 136 c. Identification, development, remediation, or 137 compensation of neuromusculoskeletal, sensory-perceptual, 138 emotional regulation, visual, mental, and cognitive functions, 139 pain tolerance and management, mental and behavioral health, 140 praxis, developmental skills, and behavioral skills. 141 d. Education and training of individuals, including family 142 members, caregivers, groups, and other populations. 143 e. Care coordination, case management, transition services, 144 and consultative services to individuals, groups, or 145 populations, along with their families and communities or 146 organizations. 147 f. Group interventions facilitating learning, skills 148 acquisition, and occupational performance of groups, 149 populations, or organizations across the life course. 150 g. Mental health services and behavioral health services 151 for the promotion of occupational performance and participation. 152 h. Facilitating occupational performance of individuals, 153 groups, or populations through modification of contexts and 154 adaptation of processes, including the application of ergonomic 155 principles. 156 i. Assessment, design, fabrication, application, fitting, 157 and training in seating and positioning of assistive technology, 158 adaptive devices, orthotic devices, and custom orthoses, and 159 training in the use of prosthetic devices. 160 j. Assessment, recommendation, and training in techniques 161 to enhance functional mobility, including management of 162 wheelchairs and other mobility devices. 163 k. Remediation and compensation of visual deficits 164 including low rehabilitation. 165 l. Driving skills rehabilitation and community mobility. 166 m. Management of feeding, eating, and swallowing to enable 167 eating and feeding performance. 168 n. Application of physical agent and mechanical modalities 169 and use of a range of therapeutic procedures to enhance 170 performance skills. 171 o. Efforts directed toward promoting occupational justice 172 and empowering clients to seek and obtain resources to fully 173 participate in occupationsProviding for the development of:174sensory-motor, perceptual, or neuromuscular functioning; range175of motion; or emotional, motivational, cognitive, or176psychosocial components of performance. 177 178These services may require assessment of the need for use of179interventions such as the design, development, adaptation,180application, or training in the use of assistive technology181devices; the design, fabrication, or application of182rehabilitative technology such as selected orthotic devices;183training in the use of assistive technology; orthotic or184prosthetic devices; the application of physical agent modalities185as an adjunct to or in preparation for purposeful activity; the186use of ergonomic principles; the adaptation of environments and187processes to enhance functional performance; or the promotion of188health and wellness.189 (c) The use of devices subject to 21 C.F.R. s. 801.109 and 190 identified by the board is expressly prohibited except by an 191 occupational therapist or occupational therapy assistant who has 192 received training as specified by the board. The board shall 193 adopt rules to carry out the purpose of this provision. 194 Section 2. Subsection (2) of section 468.209, Florida 195 Statutes, is amended to read: 196 468.209 Requirements for licensure.— 197 (2) An applicant who has practiced as a state-licensed or 198 American Occupational Therapy Association-certified occupational 199 therapy assistant for 4 years and who, beforeprior toJanuary 200 24, 1988, completed a minimum of 24 weeks6 monthsof supervised 201 occupational-therapist-level fieldwork experience may take the 202 examination to be licensed as an occupational therapist without 203 meeting the educational requirements for occupational therapists 204 made otherwise applicable under paragraph (1)(b). 205 Section 3. Subsection (2) of section 468.215, Florida 206 Statutes, is amended to read: 207 468.215 Issuance of license.— 208 (2) Any person who is issued a license as an occupational 209 therapist under the terms of this act may use the words 210 “occupational therapist,” “licensed occupational therapist,” 211 “occupational therapist doctorate,” or “occupational therapist 212 registered,” or he or she may use the letters “O.T.,” “L.O.T.,” 213 “O.T.D.,” or “O.T.R.,” in connection with his or her name or 214 place of business to denote his or her registration hereunder. 215 Section 4. Section 468.223, Florida Statutes, is amended to 216 read: 217 468.223 Prohibitions; penalties.— 218 (1) A person may not: 219 (a) Practice occupational therapy unless such person is 220 licensed pursuant to ss. 468.201-468.225; 221 (b) Use, in connection with his or her name or place of 222 business, the words “occupational therapist,” “licensed 223 occupational therapist,” “occupational therapist doctorate,” 224 “occupational therapist registered,” “occupational therapy 225 assistant,” “licensed occupational therapy assistant,” 226 “certified occupational therapy assistant”; the letters “O.T.,” 227 “L.O.T.,” “O.T.D.,” “O.T.R.,” “O.T.A.,” “L.O.T.A.,” or 228 “C.O.T.A.”; or any other words, letters, abbreviations, or 229 insignia indicating or implying that he or she is an 230 occupational therapist or an occupational therapy assistant or, 231 in any way, orally or in writing, in print or by sign, directly 232 or by implication, to represent himself or herself as an 233 occupational therapist or an occupational therapy assistant 234 unless the person is a holder of a valid license issued pursuant 235 to ss. 468.201-468.225; 236 (c) Present as his or her own the license of another; 237 (d) Knowingly give false or forged evidence to the board or 238 a member thereof; 239 (e) Use or attempt to use a license thatwhichhas been 240 suspended, revoked, or placed on inactive or delinquent status; 241 (f) Employ unlicensed persons to engage in the practice of 242 occupational therapy; or 243 (g) Conceal information relative to any violation of ss. 244 468.201-468.225. 245 (2) Any person who violates any provision of this section 246 commits a misdemeanor of the second degree, punishable as 247 provided in s. 775.082 or s. 775.083. 248 Section 5. Paragraph (e) is added to subsection (1) of 249 section 468.225, Florida Statutes, to read: 250 468.225 Exemptions.— 251 (1) Nothing in this act shall be construed as preventing or 252 restricting the practice, services, or activities of: 253 (e) Any person fulfilling an occupational therapy doctoral 254 capstone experience that involves clinical practice or projects. 255 Section 6. For the purpose of incorporating the amendment 256 made by this act to section 468.203, Florida Statutes, in a 257 reference thereto, paragraph (c) of subsection (5) of section 258 1002.385, Florida Statutes, is reenacted to read: 259 1002.385 The Gardiner Scholarship.— 260 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be 261 used to meet the individual educational needs of an eligible 262 student and may be spent for the following purposes: 263 (c) Specialized services by approved providers or by a 264 hospital in this state which are selected by the parent. These 265 specialized services may include, but are not limited to: 266 1. Applied behavior analysis services as provided in ss. 267 627.6686 and 641.31098. 268 2. Services provided by speech-language pathologists as 269 defined in s. 468.1125. 270 3. Occupational therapy services as defined in s. 468.203. 271 4. Services provided by physical therapists as defined in 272 s. 486.021. 273 5. Services provided by listening and spoken language 274 specialists and an appropriate acoustical environment for a 275 child who is deaf or hard of hearing and who has received an 276 implant or assistive hearing device. 277 278 A provider of any services receiving payments pursuant to this 279 subsection may not share, refund, or rebate any moneys from the 280 Gardiner Scholarship with the parent or participating student in 281 any manner. A parent, student, or provider of any services may 282 not bill an insurance company, Medicaid, or any other agency for 283 the same services that are paid for using Gardiner Scholarship 284 funds. 285 Section 7. For the purpose of incorporating the amendment 286 made by this act to section 468.203, Florida Statutes, in a 287 reference thereto, paragraph (c) of subsection (2) of section 288 1002.66, Florida Statutes, is reenacted to read: 289 1002.66 Specialized instructional services for children 290 with disabilities.— 291 (2) The parent of a child who is eligible for the 292 prekindergarten program for children with disabilities may 293 select one or more specialized instructional services that are 294 consistent with the child’s individual educational plan. These 295 specialized instructional services may include, but are not 296 limited to: 297 (c) Occupational therapy as defined in s. 468.203. 298 Section 8. This act shall take effect July 1, 2021. 299