August 9, 2006, Introduced by Reps. Mortimer, Kahn, David Law, Nofs, Gaffney, Ball, Green, Vander Veen, Brandenburg, Garfield, Shaffer, Pastor, Newell, Angerer, Spade, McDowell, Gleason and Clack and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16263, 16345, 18301, 18303, 18305, 18307, and
18309 (MCL 333.16263, 333.16345, 333.18301, 333.18303, 333.18305,
333.18307, and 333.18309), section 16263 as amended by 2004 PA 97,
section 16345 as added and section 18305 as amended by 1993 PA 79,
and sections 18301, 18303, 18307, and 18309 as added by 1988 PA
473, and by adding sections 18313 and 18315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16263. (1) Except as provided in subsection (2), the
following words, titles, or letters or a combination thereof, with
or without qualifying words or phrases, are restricted in use only
to those persons authorized under this article to use the terms and
in a way prescribed in this article:
(a) "Chiropractic", "doctor of chiropractic", "chiropractor",
"d.c.", and "chiropractic physician".
(b) "Dentist", "doctor of dental surgery", "oral and
maxillofacial surgeon", "orthodontist", "prosthodontist",
"periodontist", "endodontist", "oral pathologist", "pediatric
dentist", "dental hygienist", "registered dental hygienist",
"dental assistant", "registered dental assistant", "r.d.a.",
"d.d.s.", "d.m.d.", and "r.d.h.".
(c) "Doctor of medicine" and "m.d.".
(d) "Physician's assistant" and "p.a.".
(e) "Registered professional nurse", "registered nurse",
"r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife",
"nurse anesthetist", "nurse practitioner", "trained attendant", and
"t.a.".
(f) "Doctor of optometry", "optometrist", and "o.d.".
(g) "Osteopath", "osteopathy", "osteopathic practitioner",
"doctor of osteopathy", "diplomate in osteopathy", and "d.o.".
(h) "Pharmacy", "pharmacist", "apothecary", "drugstore",
"druggist", "medicine store", "prescriptions", and "r.ph.".
(i) "Physical therapy", "physical therapist",
"physiotherapist", "registered physical therapist", "licensed
physical therapist", "physical therapy technician", "p.t.",
"r.p.t.", "l.p.t.", and "p.t.t.".
(j) "Chiropodist", "chiropody", "chiropodical", "podiatry",
"podiatrist", "podiatric", "doctor of podiatric medicine", "foot
specialist", "podiatric physician and surgeon", and "d.p.m.".
(k) "Consulting psychologist", "psychologist", "psychological
assistant", "psychological examiner", "licensed psychologist", and
"limited licensed psychologist".
(l) "Licensed professional counselor", "licensed counselor",
"professional counselor", and "l.p.c.".
(m) "Sanitarian", "registered sanitarian", and "r.s.".
(n) Until July 1, 2005, "social worker", "certified social
worker", "social work technician", "s.w.", "c.s.w.", and "s.w.t.".
Beginning July 1, 2005, "social worker", "licensed master's social
worker", "licensed bachelor's social worker", "registered social
service technician", "social service technician", "l.m.s.w.",
"l.b.s.w.", and "r.s.s.t.".
(o) "Veterinary", "veterinarian", "veterinary doctor",
"veterinary surgeon", "doctor of veterinary medicine", "v.m.d.",
"d.v.m.", "animal technician", or "animal technologist".
(p) "Occupational therapy", "occupational therapist",
"occupational therapist licensed", "occupational therapist
registered", "certified
occupational therapist" "occupational
therapist
registered licensed",
"o.t.", "o.t.l.",
"o.t.r.",
"c.o.t."
"o.t.r.l.", "certified occupational therapy
assistant",
"certified occupational therapy assistant licensed", "occupational
therapy
assistant", or "occupational
therapy assistant licensed",
"c.o.t.a.", "c.o.t.a.l.", "o.t.a.", or "o.t.a.l.".
(q) "Marriage advisor" or "marriage consultant"; "family
counselor", "family advisor", "family therapist", or "family
consultant"; "family guidance counselor", "family guidance
advisor", or "family guidance consultant"; "marriage guidance
counselor", "marriage guidance advisor", or "marriage guidance
consultant"; "family relations counselor"; "marriage relations
counselor", "marriage relations advisor", or "marriage relations
consultant"; "marital counselor" or "marital therapist"; "limited
licensed marriage and family therapist" or "limited licensed
marriage counselor"; "licensed marriage and family therapist" or
"licensed marriage counselor"; and "l.m.f.t.".
(r) "Nursing home administrator".
(s) "Respiratory therapist", "respiratory care practitioner",
"licensed respiratory therapist", "licensed respiratory care
practitioner", "r.t.", "r.c.p.", "l.r.t.", and "l.r.c.p.".
(t) "Audiometrist", "audiologist", "hearing therapist",
"hearing aid audiologist", "educational audiologist", "industrial
audiologist", and "clinical audiologist".
(2) Notwithstanding section 16261, a person who was specially
trained at an institution of higher education in this state to
assist a physician in the field of orthopedics and upon completion
of training, received a 2-year associate of science degree as an
orthopedic physician's assistant before January 1, 1977, may use
the title "orthopedic physician's assistant" whether or not the
person is licensed under this article.
Sec.
16345. Fees for a person registered or seeking
registration
as a certified occupational therapist or a certified
occupational
therapist assistant an
individual licensed or seeking
licensure to engage in the practice of occupational therapy, or to
engage in practice as an occupational therapy assistant, under part
183 are as follows:
(a) Application processing fee.......................... $ 20.00
(b)
Registration License fee, per year................ 60.00
Sec. 18301. (1) As used in this part:
(a) "Certified
occupational "Occupational
therapy assistant"
means
an individual registered as a certified licensed under this
article to engage in practice as an occupational therapy assistant.
in
accordance with this article.
(b) "Certified
occupational "Occupational
therapist" means
an
individual who diminishes or corrects pathology in order to
promote
and maintain health through application of the art and
science
of directing purposeful activity designed to restore,
reinforce,
and enhance the performance of individuals and who is
registered
in accordance with this article licensed
under this
article 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 orthotic devices, and training in the use of
prosthetic devices.
(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.
(d) "Practice as an occupational therapy assistant" means the
practice of occupational therapy under the supervision of an
occupational therapist licensed under this part.
(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.
(2) Practice of occupational therapy does not include the
practice of medicine or osteopathic medicine and surgery or medical
diagnosis or treatment.
(3) (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. 18303. (1) After the rules described in sections 18307
and
18309 are promulgated , a person for licensure under this
part, an individual shall not use the titles "occupational
therapist", "o.t.", "occupational therapist licensed", "o.t.l.",
"occupational
therapist registered", "o.t.r.", "certified
occupational
therapist", "c.o.t." "occupational therapist
registered licensed", "o.t.r.l.", "certified occupational therapy
assistant", "c.o.t.a.", "certified occupational therapy assistant
licensed", "c.o.t.a.l.", "occupational therapy assistant",
"o.t.a.", "occupational therapy assistant licensed", "o.t.a.l.", or
similar
words which indicate that the person he or she is a
certified
licensed as an occupational therapist or a
certified
occupational
therapy assistant unless the person is registered in
accordance
with individual is licensed
under this article.
(2) After the rules described in sections 18307 and 18309 are
promulgated for licensure under this part, an individual shall not
engage in the practice of occupational therapy or the practice as
an occupational therapy assistant unless licensed or otherwise
authorized by this article.
(3) Subsection (2) does not prevent any of the following:
(a) Self-care by a patient or uncompensated care by a friend
or family member who does not represent or hold himself or herself
out to be a licensed occupational therapist or occupational therapy
assistant.
(b) An individual licensed under any other part or act from
performing activities that are considered occupational therapy
services if those activities are within the individual's scope of
practice and if the individual does not use the titles protected
under section 18303.
Sec. 18305. The Michigan board of occupational therapists is
created in the department and shall consist of the following 9
voting members who shall meet the requirements of part 161: 5
certified
licensed occupational therapists and 4 public members.
Sec.
18307. The board department, in consultation with the
department
board, shall promulgate rules under section 16145
setting
forth the minimum standards for registration as a
certified
licensure as an occupational therapist. For purposes of
this section, the professional standards issued by the American
occupational therapy association or any other recognized trade
association
may be adopted by the board department. The board
department shall not promulgate rules under this section which
diminish competition or exceed the minimum level of regulation
necessary to protect the public.
Sec.
18309. The board department, in consultation with the
department
board, shall promulgate rules under section 16145
setting
forth the minimum standards for registration as a
certified
licensure as an occupational therapy assistant. For
purposes of this section, the professional standards issued by the
American occupational therapy association or any other recognized
trade
association may be adopted by the
board department. The
board
department shall not promulgate rules under this section
which diminish competition or exceed the minimum level of
regulation necessary to protect the public.
Sec. 18313. (1) Beginning the license renewal cycle after the
effective date of the rules promulgated under this section, an
individual licensed under this part shall meet the continuing
education requirements of this section when renewing his or her
license.
(2) In addition to the requirements of part 161, the
department, in consultation with the board, may promulgate rules to
require a licensee seeking renewal to furnish evidence that, during
the licensing period immediately preceding the application for
renewal, the licensee completed an appropriate number of hours of
continuing education courses or continuing competence activities
related to the practice of occupational therapy and designed to
further educate and maintain competence.
(3) As required under section 16204, the board shall
promulgate rules requiring each applicant for license renewal to
complete as part of the continuing education requirement of this
section an appropriate number of hours or courses in pain and
symptom management.
Sec. 18315. This part does not require new or additional third
party reimbursement or mandated worker's compensation benefits for
services rendered by an individual licensed as an occupational
therapist or an occupational therapist assistant under this
article.