Bill Text: MI HB4170 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: occupational therapists; licensure process for occupational therapists; modify to incorporate occupational therapy licensure compact. Amends sec. 18301 of 1978 PA 368 (MCL 333.18301) & adds secs. 18303a & 18303b. TIE BAR WITH: HB 4169'23
Spectrum: Slight Partisan Bill (Democrat 26-9)
Status: (Introduced) 2024-04-18 - Placed On Third Reading [HB4170 Detail]
Download: Michigan-2023-HB4170-Introduced.html
HOUSE BILL NO. 4170
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 18301 (MCL 333.18301), as amended by 2008 PA 523, and by adding sections 18303a and 18303b.
the people of the state of michigan enact:
Sec. 18301. (1) As used in this part:
(a) "Occupational therapy assistant" means an individual who is licensed under this article, or authorized under section 18303b, to engage in practice as an occupational therapy assistant.
(b) "Occupational therapist" means an individual who is licensed under this article, or authorized under section 18303a, to engage in the practice of occupational therapy.
(c) "Occupational therapy services" means those services provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers, and enable or improve performance in everyday activities, including, but not limited to, the following:
(i) Establishment, remediation, or restoration of a skill or ability that is impaired or not yet developed.
(ii) Compensation, modification, or adaptation of a person, activity, or environment.
(iii) Evaluation of factors that affect activities of daily living, instrumental activities of daily living, and other activities relating to education, work, play, leisure, and social participation. Those factors include, but are not limited to, 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.
(iv) Interventions and procedures, including, but not limited to, any of the following:
(A) Task analysis and therapeutic use of occupations, exercises, and activities.
(B) Training in self-care, self-management, home management, and community or work reintegration.
(C) Development remediation, or compensation of client factors such as body functions and body structure.
(D) Education and training.
(E) Care coordination, case management, transition, and consultative services.
(F) Modification of environments and adaptation processes such as the application of ergonomic and safety principles.
(G) Assessment, design, fabrication, application, fitting, and training in rehabilitative and assistive technology, adaptive devices, and low temperature orthotic devices, and training in the use of prosthetic devices. For the purposes of this sub-subparagraph, the design and fabrication of low temperature orthotic devices does not include permanent orthotics.
(H) Assessment, recommendation, and training in techniques to enhance safety, functional mobility, and community mobility such as wheelchair management and mobility.
(I) Management of feeding, eating, and swallowing.
(J) Application of physical agent modalities and use of a range of specific therapeutic procedures, including, but not limited to, techniques to enhance sensory-motor, perceptual, and cognitive processing, manual therapy techniques, and adjunctive and preparatory activities.
(K) Providing vision therapy services or low vision rehabilitation services, if those services are provided pursuant to a referral or prescription from, or under the supervision or comanagement of, a physician licensed under part 170 or 175 or an optometrist licensed under part 174.
(d) "Practice as an occupational therapy assistant" means the practice of occupational therapy under the supervision of an occupational therapist licensed under this article.
(e) "Practice of occupational therapy" means the therapeutic use of everyday life occupations and occupational therapy services to aid individuals or groups to participate in meaningful roles and situations in the home, school, workplace, community, and other settings, to promote health and wellness through research and practice, and to serve those individuals or groups who have 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 his or her life span. The practice of occupational therapy does not include any of the following:
(i) The practice of medicine or osteopathic medicine and surgery or medical diagnosis or treatment.
(ii) The practice of physical therapy.
(iii) The practice of optometry.
(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.
Sec. 18303a. (1) An individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is authorized to engage in the practice of occupational therapy under this article.
(2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapist, an individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is considered an occupational therapist who is licensed under this part.
Sec. 18303b. (1) An individual who holds a compact privilege to practice occupational therapy under the occupational therapy licensure compact as an occupational therapy assistant is authorized to engage in the practice as an occupational therapy assistant under this article.
(2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapy assistant, an individual who holds a compact privilege to practice occupational therapy as an occupational therapy assistant under the occupational therapy licensure compact is considered an occupational therapy assistant who is licensed under this part.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4169 (request no. 00376'23 *) of the 102nd Legislature is enacted into law.
