November 27, 2007, Introduced by Senator KAHN and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16345, 18301, 18303, 18305, 18307, and 18309
(MCL 333.16345, 333.18301, 333.18303, 333.18305, 333.18307, and
333.18309), section 16345 as added by 1993 PA 79, sections 18301,
18303, 18307, and 18309 as added by 1988 PA 473, and section 18305
as amended by 2006 PA 394, and by adding sections 18313 and 18315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 the
practice of medicine or osteopathic medicine and surgery or medical
diagnosis or treatment.
(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
article, 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 subsection (1).
Sec. 18305. (1) 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.
(2) The terms of office of individual members of the board
created under this section, except those appointed to fill
vacancies, expire 4 years after the appointment on December 31 of
the year in which the term expires.
Sec. 18307. The board, in consultation with the department,
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. The board shall not promulgate rules under
this
section which that diminish competition or exceed the minimum
level of regulation necessary to protect the public.
Sec. 18309. The board, in consultation with the department,
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. The board shall not promulgate rules under
this
section which that 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 part, an
individual licensed under this article shall meet the continuing
education or competence requirements of this section when renewing
his or her license.
(2) In addition to the requirements of part 161, the board, in
consultation with the department, 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 or competence
requirements 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.