Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 632
       
       
       
       
       
       
                                Ì386692KÎ386692                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/02/2021           .                                
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       The Committee on Health Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 31 - 214
    4  and insert:
    5  settings for clients who have, or who have been identified as
    6  being at risk of developing, an illness, an injury, a disease, a
    7  disorder, a condition, an impairment, a disability, an activity
    8  limitation, or a participation restriction purposeful activity
    9  or interventions to achieve functional outcomes.
   10         (a) For the purposes of this subsection:
   11         1. “Activities of daily living” means functions and tasks
   12  for self-care which are performed on a daily or routine basis,
   13  including functional mobility, bathing, dressing, eating and
   14  swallowing, personal hygiene and grooming, toileting, and other
   15  similar tasks “Achieving functional outcomes” means to maximize
   16  the independence and the maintenance of health of any individual
   17  who is limited by a physical injury or illness, a cognitive
   18  impairment, a psychosocial dysfunction, a mental illness, a
   19  developmental or a learning disability, or an adverse
   20  environmental condition.
   21         2. “Assessment” means the use of skilled observation or the
   22  administration and interpretation of standardized or
   23  nonstandardized tests and measurements to identify areas for
   24  occupational therapy services.
   25         3.“Health management” means therapeutic services designed
   26  to develop, manage, and maintain health and wellness routines,
   27  including self-management, performed with the goal of improving
   28  or maintaining health to support participation in occupations.
   29         4.“Instrumental activities of daily living” means daily or
   30  routine activities a person must perform to live independently
   31  within the home and community.
   32         5.“Occupational performance” means the ability to
   33  perceive, desire, recall, plan, and carry out roles, routines,
   34  tasks, and subtasks for the purpose of self-maintenance, self
   35  preservation, productivity, leisure, and rest, for oneself or
   36  for others, in response to internal or external demands of
   37  occupations and contexts.
   38         6.“Occupational therapy services in mental health” means
   39  occupation-based interventions and services for individuals,
   40  groups, populations, families, or communities to improve
   41  participation in daily occupations for individuals who are
   42  experiencing, are in recovery from, or are identified as being
   43  at risk of developing mental health conditions.
   44         7.“Occupations” means meaningful and purposeful everyday
   45  activities performed and engaged in by individuals, groups,
   46  populations, families, or communities which occur in contexts
   47  and over time, such as activities of daily living, instrumental
   48  activities of daily living, health management, rest and sleep,
   49  education, work, play, leisure, and social participation. The
   50  term includes more specific occupations and the execution of
   51  multiple activities that are influenced by performance patterns,
   52  performance skills, and client factors, and that result in
   53  varied outcomes.
   54         (b) The practice of occupational therapy includes services
   55  include, but is are not limited to, the following services:
   56         1. The Assessment, treatment, and education of or
   57  consultation with individuals, groups, and populations whose
   58  abilities to participate safely in occupations, including
   59  activities of daily living, instrumental activities of daily
   60  living, rest and sleep, education, work, play, leisure, and
   61  social participation, are impaired or have been identified as
   62  being at risk of impairment due to issues related to, but not
   63  limited to, developmental deficiencies, the aging process,
   64  learning disabilities, physical environment and sociocultural
   65  context, physical injury or disease, cognitive impairments, or
   66  psychological and social disabilities the individual, family, or
   67  other persons.
   68         2. Methods or approaches used to determine abilities and
   69  limitations related to performance of occupations, including,
   70  but not limited to, the identification of physical, sensory,
   71  cognitive, emotional, or social deficiencies Interventions
   72  directed toward developing daily living skills, work readiness
   73  or work performance, play skills or leisure capacities, or
   74  enhancing educational performance skills.
   75         3. Specific occupational therapy techniques used for
   76  treatment which include, but are not limited to, training in
   77  activities of daily living; environmental modification;
   78  assessment of the need for the use of interventions such as the
   79  design, fabrication, and application of orthotics or orthotic
   80  devices; selecting, applying, and training in the use of
   81  assistive technology and adaptive devices; sensory, motor, and
   82  cognitive activities; therapeutic exercises; manual techniques;
   83  physical agent modalities; and occupational therapy services in
   84  mental health Providing for the development of: sensory-motor,
   85  perceptual, or neuromuscular functioning; range of motion; or
   86  emotional, motivational, cognitive, or psychosocial components
   87  of performance.
   88  
   89  These services may require assessment of the need for use of
   90  interventions such as the design, development, adaptation,
   91  application, or training in the use of assistive technology
   92  devices; the design, fabrication, or application of
   93  rehabilitative technology such as selected orthotic devices;
   94  training in the use of assistive technology; orthotic or
   95  prosthetic devices; the application of physical agent modalities
   96  as an adjunct to or in preparation for purposeful activity; the
   97  use of ergonomic principles; the adaptation of environments and
   98  processes to enhance functional performance; or the promotion of
   99  health and wellness.
  100         (c) The use of devices subject to 21 C.F.R. s. 801.109 and
  101  identified by the board is expressly prohibited except by an
  102  occupational therapist or occupational therapy assistant who has
  103  received training as specified by the board. The board shall
  104  adopt rules to carry out the purpose of this provision.
  105         Section 2. Subsection (2) of section 468.209, Florida
  106  Statutes, is amended to read:
  107         468.209 Requirements for licensure.—
  108         (2) An applicant who has practiced as a state-licensed or
  109  American Occupational Therapy Association-certified occupational
  110  therapy assistant for 4 years and who, before prior to January
  111  24, 1988, completed a minimum of 24 weeks 6 months of supervised
  112  occupational-therapist-level fieldwork experience may take the
  113  examination to be licensed as an occupational therapist without
  114  meeting the educational requirements for occupational therapists
  115  made otherwise applicable under paragraph (1)(b).
  116         Section 3. Subsection (2) of section 468.215, Florida
  117  Statutes, is amended to read:
  118         468.215 Issuance of license.—
  119         (2)(a) Any person who is issued a license as an
  120  occupational therapist under the terms of this act may use the
  121  words “occupational therapist,” “licensed occupational
  122  therapist,” or “occupational therapist registered,” or he or she
  123  may use the letters “O.T.,” “L.O.T.,” or “O.T.R.,” in connection
  124  with his or her name or place of business to denote his or her
  125  registration hereunder.
  126         (b)Any person who is issued a license as an occupational
  127  therapist under the terms of this act and holds a doctorate
  128  degree in occupational therapy may also use the words
  129  “occupational therapist doctorate” and the letters “O.T.D.” in
  130  connection with his or her name or place of business to denote
  131  his or her registration hereunder.
  132         Section 4. Section 468.223, Florida Statutes, is amended to
  133  read:
  134         468.223 Prohibitions; penalties.—
  135         (1) A person may not:
  136         (a) Practice occupational therapy unless such person is
  137  licensed pursuant to ss. 468.201-468.225;
  138         (b) Use, in connection with his or her name or place of
  139  business, the words “occupational therapist,” “licensed
  140  occupational therapist,” “occupational therapist doctorate,”
  141  “occupational therapist registered,” “occupational therapy
  142  assistant,” “licensed occupational therapy assistant,”
  143  “certified occupational therapy assistant”; the letters “O.T.,”
  144  “L.O.T.,” “O.T.D.,” “O.T.R.,” “O.T.A.,” “L.O.T.A.,” or
  145  “C.O.T.A.”; or any other words, letters, abbreviations, or
  146  insignia indicating or implying that he or she is an
  147  occupational therapist or an occupational therapy assistant or,
  148  in any way, orally or in writing, in print or by sign, directly
  149  or by implication, to represent himself or herself as an
  150  occupational therapist or an occupational therapy assistant
  151  unless the person is a holder of a valid license issued pursuant
  152  to ss. 468.201-468.225;
  153         (c) Present as his or her own the license of another;
  154         (d) Knowingly give false or forged evidence to the board or
  155  a member thereof;
  156         (e) Use or attempt to use a license that which has been
  157  suspended, revoked, or placed on inactive or delinquent status;
  158         (f) Employ unlicensed persons to engage in the practice of
  159  occupational therapy; or
  160         (g) Conceal information relative to any violation of ss.
  161  468.201-468.225.
  162         (2) Any person who violates any provision of this section
  163  commits a misdemeanor of the second degree, punishable as
  164  provided in s. 775.082 or s. 775.083.
  165         Section 5. Subsection (2) of section 468.225, Florida
  166  Statutes, is amended, and paragraph (e) is added to subsection
  167  (1) of that section, to read:
  168         468.225 Exemptions.—
  169         (1) Nothing in this act shall be construed as preventing or
  170  restricting the practice, services, or activities of:
  171         (e)Any person fulfilling an occupational therapy doctoral
  172  capstone experience that involves clinical practice or projects.
  173  To benefit from an exemption under this paragraph, a person must
  174  register with the department in a manner determined by
  175  department rule before commencing the capstone experience.
  176         (2) No provision of this act shall be construed to prohibit
  177  physicians, physician assistants, nurses, physical therapists,
  178  osteopathic physicians or surgeons, clinical psychologists,
  179  clinical social workers, marriage and family therapists, mental
  180  health counselors, speech-language pathologists, or audiologists
  181  from using occupational therapy as a part of or incidental to
  182  their profession, when they practice their profession under the
  183  statutes applicable to their profession.
  184         Section 6. Paragraph (b) of subsection (1) of section
  185  490.014, Florida Statutes, is amended to read:
  186         490.014 Exemptions.—
  187         (1)
  188         (b) No provision of this chapter shall be construed to
  189  limit the practice of nursing, clinical social work, marriage
  190  and family therapy, mental health counseling, occupational
  191  therapy, or other recognized businesses or professions, or to
  192  prevent qualified members of other professions from doing work
  193  of a nature consistent with their training, so long as they do
  194  not hold themselves out to the public as psychologists or use a
  195  title or description protected by this chapter. Nothing in this
  196  subsection shall be construed to exempt any person from the
  197  provisions of s. 490.012.
  198         Section 7. Subsection (2) of section 491.014, Florida
  199  Statutes, is amended to read:
  200         491.014 Exemptions.—
  201         (2) No provision of this chapter shall be construed to
  202  limit the practice of nursing, school psychology, or psychology,
  203  or occupational therapy, or to prevent qualified members of
  204  other professions from doing work of a nature consistent with
  205  their training and licensure, so long as they do not hold
  206  themselves out to the public as possessing a license,
  207  provisional license, registration, or certificate issued
  208  pursuant to this chapter or use a title protected by this
  209  chapter.
  210         Section 8. For the purpose of incorporating the amendment
  211  made by this act to section 490.014, Florida Statutes, in a
  212  reference thereto, paragraph (c) of subsection (1) of section
  213  490.012, Florida Statutes, is reenacted to read:
  214         490.012 Violations; penalties; injunction.—
  215         (1)
  216         (c) No person shall hold herself or himself out by any
  217  title or description incorporating the words, or permutations of
  218  them, “psychology,” “psychological,” or “psychodiagnostic,” or
  219  describe any test or report as psychological, unless such person
  220  holds a valid, active license under this chapter or is exempt
  221  from the provisions of this chapter.
  222         Section 9. Paragraph (b) of subsection (4) of section
  223  1002.394, Florida Statutes, is amended to read:
  224         1002.394 The Family Empowerment Scholarship Program.—
  225         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
  226         (b) Program funds awarded to a student with a disability
  227  determined eligible pursuant to paragraph (3)(b) may be used for
  228  the following purposes:
  229         1. Instructional materials, including digital devices,
  230  digital periphery devices, and assistive technology devices that
  231  allow a student to access instruction or instructional content
  232  and training on the use of and maintenance agreements for these
  233  devices.
  234         2. Curriculum as defined in subsection (2).
  235         3. Specialized services by approved providers or by a
  236  hospital in this state which are selected by the parent. These
  237  specialized services may include, but are not limited to:
  238         a. Applied behavior analysis services as provided in ss.
  239  627.6686 and 641.31098.
  240         b. Services provided by speech-language pathologists as
  241  defined in s. 468.1125(8).
  242         c. Occupational therapy services as defined in s. 468.203.
  243  
  244  ================= T I T L E  A M E N D M E N T ================
  245  And the title is amended as follows:
  246         Delete lines 6 - 17
  247  and insert:
  248         amending s. 468.215, F.S.; authorizing certain
  249         licensed occupational therapists to use a specified
  250         title and the associated initials; amending s.
  251         468.223, F.S.; prohibiting certain persons from using
  252         a specified title and the associated initials;
  253         providing criminal penalties; amending ss. 468.225,
  254         490.014, and 491.014, F.S.; revising construction;
  255         reenacting s. 490.012(1)(c), F.S., relating to
  256         violations, penalties, and injunctions, to incorporate
  257         the amendment made to s. 490.014, F.S., in a reference
  258         thereto; amending s. 1002.394, F.S.; conforming a
  259         provision to changes made by the act; reenacting s.
  260         1002.66(2)(c), F.S., relating to specialized
  261         instructional services for children with disabilities,
  262         to incorporate the amendments made to s. 468.203,
  263         F.S., in a reference thereto;