Bill Text: IN HB1152 | 2013 | Regular Session | Engrossed


Bill Title: Practice of occupational therapy.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-04-02 - Senator Taylor added as cosponsor [HB1152 Detail]

Download: Indiana-2013-HB1152-Engrossed.html


March 29, 2013





ENGROSSED

HOUSE BILL No. 1152

_____


DIGEST OF HB 1152 (Updated March 27, 2013 12:37 pm - DI 104)



Citations Affected: IC 25-23.5.

Synopsis: Practice of occupational therapy. Revises the definition of "practice of occupational therapy". Adds a definition of "occupational therapy services". Adds osteopaths or physician assistants to the practitioners that may provide a referral or order to an occupational therapist. Provides that an occupational therapist must report to the practitioner as specified by the practitioner who provided the referral or order. However, if the practitioner does not specify a reporting requirement, the occupational therapist shall report to the practitioner upon completion or termination of occupational therapy services. Makes a conforming change.

Effective: July 1, 2013.





Kirchhofer , Bacon , Klinker , Riecken
(SENATE SPONSOR _ MILLER PATRICIA)




    January 23, 2013, read first time and referred to Committee on Public Health.
    February 18, 2013, amended, reported _ Do Pass.
    February 20, 2013, read second time, ordered engrossed. Engrossed.
    February 21, 2013, read third time, passed. Yeas 95, nays 0.

SENATE ACTION

    February 27, 2013, read first time and referred to Committee on Health and Provider Services.
    March 28, 2013, reported favorably _ Do Pass.






March 29, 2013

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1152



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-23.5-1-5; (13)EH1152.1.1. -->     SECTION 1. IC 25-23.5-1-5, AS AMENDED BY P.L.197-2007, SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. "Practice of occupational therapy" means the functional assessment of learning and performance skills and the analysis, selection, and adaptation of exercises or equipment for a person whose abilities to perform the requirements of daily living are threatened or impaired by physical injury or disease, mental illness, a developmental deficit, the aging process, or a learning disability. The term consists primarily of the following functions:
        (1) Planning and directing exercises and programs to improve sensory-integration and motor functioning at a level of performance neurologically appropriate for a person's stage of development.
        (2) Analyzing, selecting, and adapting functional exercises to achieve and maintain a person's optimal functioning in daily living tasks and to prevent further disability.
therapeutic use of everyday life occupations and occupational

therapy services to:
        (1) aid individuals or groups to participate in meaningful roles and situations in the home, school, workplace, community or other settings;
        (2) promote health and wellness through research and practice; and
        (3) serve individuals or groups who are well but have been or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction.
The practice of occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect a person's health, well-being, and quality of life throughout the person's life span.

SOURCE: IC 25-23.5-1-6.5; (13)EH1152.1.2. -->     SECTION 2. IC 25-23.5-1-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.5. "Occupational therapy services" means services that are provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers for occupational performance from occurring, and enable or improve performance in everyday activities, including services that do the following:
        (1) Establish, remediate, or restore a skill or ability that is impaired or not yet developed. Occupational therapy services include recognizing speech, language, and hearing that may be impaired or not yet developed but does not include the remediation of these skills and abilities.
        (2) Modify or adapt a person or an activity or environment of a person or compensate for a loss of a person's functions.
        (3) Evaluate factors that affect daily living activities, instrumental activities of daily living, and other activities relating to work, play, leisure, education, and social participation. These factors may include body functions, body structure, habits, routines, role performance, behavior patterns, sensory motor skills, cognitive skills, communication and interaction skills, and cultural, physical, psychosocial, spiritual, developmental, environmental, and socioeconomic contexts and activities that affect performance.
        (4) Perform interventions and procedures relating to the factors described in subdivision (3), including the following:

            (A) Task analysis and therapeutic use of occupations,

exercises, and activities.
            (B) Education and training in self-care, self-management, home management, and community or work reintegration.
            (C) Care coordination, case management, transition, and consultative services.
            (D) Modification of environments and adaptation processes, including the application of ergonomic and safety principles.
            (E) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, and orthotic devices, and training in the use of prosthetic devices. However, this does not include the following:
                (i) Gait training.
                (ii) Training in the use of hearing aids, tracheoesophageal valves, speaking valves, or electrolarynx devices related to the oral production of language.
                (iii) Remediation of speech, language, and hearing disorders.
                (iv) Fabrication of shoe inserts.
            (F) Assessment, recommendation, and training in techniques to enhance safety, functional mobility, and community mobility, including wheelchair management and mobility. However, this does not include gait training.
            (G) Assessment and management of feeding, eating, and swallowing to enable eating and feeding performance.
            (H) Application of physical agent modalities and use of a range of specific therapeutic procedures, including techniques to enhance sensory-motor, perceptual, and cognitive processing, manual therapy techniques, and adjunctive and preparatory activities for occupational performance. However, manual therapy does not include spinal manipulation, spinal adjustment, or grade 5 mobilization.

SOURCE: IC 25-23.5-3-1.5; (13)EH1152.1.3. -->     SECTION 3. IC 25-23.5-3-1.5, AS AMENDED BY P.L.134-2008, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) Except as provided in subsection (b), an occupational therapist may not provide occupational therapy services to a person until the person has been referred to the occupational therapist by or the occupational therapist is acting on the order of one (1) of the following:
        (1) A physician or osteopath licensed under IC 25-22.5.
        (2) A podiatrist licensed under IC 25-29.
        (3) An advanced practice nurse licensed under IC 25-23.
        (4) A psychologist licensed under IC 25-33.
        (5) A chiropractor licensed under IC 25-10.
        (6) An optometrist licensed under IC 25-24.
         (7) A physician assistant licensed under IC 25-27.5.
The occupational therapist shall report to the practitioner as specified by the practitioner who provided the referral or order. However, if the practitioner does not specify a reporting requirement, the occupational therapist shall report to the practitioner upon completion or termination of occupational therapy services.
    (b) An occupational therapist may provide the following services without a referral from a physician licensed under IC 25-22.5, a podiatrist licensed under IC 25-29, an advanced practice nurse licensed under IC 25-23, a psychologist licensed under IC 25-33, a chiropractor licensed under IC 25-10, or an optometrist licensed under IC 25-24: person listed in subsection (a):
        (1) Ergonomic or home assessment.
        (2) Injury or illness prevention education and wellness services.
        (3) Occupational therapy activities provided in an educational setting.
        (4) Occupational therapy activities that the board determines, after reviewing the recommendations of the committee, are appropriate to be conducted in a community based environment.

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