Florida Senate - 2022                                     SB 632
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00840-22                                             2022632__
    1                        A bill to be entitled                      
    2         An act relating to occupational therapy; amending s.
    3         468.203, F.S.; defining and revising terms; amending
    4         s. 468.209, F.S.; revising eligibility requirements
    5         for the occupational therapist licensure examination;
    6         amending s. 468.215, F.S.; authorizing licensed
    7         occupational therapists to use a specified title and
    8         the associated initials; amending s. 468.223, F.S.;
    9         prohibiting certain persons from using a specified
   10         title and the associated initials; providing criminal
   11         penalties; amending s. 468.225, F.S.; providing
   12         construction; reenacting ss. 1002.394(4)(b) and
   13         1002.66(2)(c), F.S., relating to the Family
   14         Empowerment Scholarship Program and specialized
   15         instructional services for children with disabilities,
   16         respectively, to incorporate the amendments made by
   17         the act to s. 468.203, F.S., in references thereto;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (4) of section 468.203, Florida
   23  Statutes, is amended to read:
   24         468.203 Definitions.—As used in this act, the term:
   25         (4) “Occupational therapy” means the therapeutic use of
   26  occupations through habilitation, rehabilitation, and the
   27  promotion of health and wellness with individuals, groups, or
   28  populations, along with their families or organizations, to
   29  support participation, performance, and function in the home, at
   30  school, in the workplace, in the community, and in other
   31  settings for clients who have or are at risk of developing an
   32  illness, an injury, a disease, a disorder, a condition, an
   33  impairment, a disability, an activity limitation, or a
   34  participation restriction purposeful activity or interventions
   35  to achieve functional outcomes.
   36         (a) For the purposes of this subsection:
   37         1. “Activities of daily living” means functions and tasks
   38  for self-care which are performed on a daily or routine basis,
   39  including functional mobility, bathing, dressing, eating and
   40  swallowing, personal hygiene and grooming, toileting, and other
   41  similar tasks “Achieving functional outcomes” means to maximize
   42  the independence and the maintenance of health of any individual
   43  who is limited by a physical injury or illness, a cognitive
   44  impairment, a psychosocial dysfunction, a mental illness, a
   45  developmental or a learning disability, or an adverse
   46  environmental condition.
   47         2. “Assessment” means the use of skilled observation or the
   48  administration and interpretation of standardized or
   49  nonstandardized tests and measurements to identify areas for
   50  occupational therapy services.
   51         3.“Health management” means activities related to
   52  developing, managing, and maintaining health and wellness,
   53  including self-management, performed with the goal of improving
   54  or maintaining health to support participation in occupations.
   55         4.“Instrumental activities of daily living” means daily or
   56  routine activities a person must perform to live independently
   57  within the home and community.
   58         5.“Occupational performance” means the ability to
   59  perceive, desire, recall, plan, and carry out roles, routines,
   60  tasks, and subtasks for the purpose of self-maintenance, self
   61  preservation, productivity, leisure, and rest, for oneself or
   62  for others, in response to internal or external demands of
   63  occupations and contexts.
   64         6.“Occupational therapy services in mental health” means
   65  individual, group, and population level occupation-based
   66  interventions and services provided to improve participation in
   67  daily occupations for individuals who are at risk of,
   68  experiencing, or are recovering from mental health conditions,
   69  along with their families and communities.
   70         7.“Occupations” means meaningful and purposeful everyday
   71  activities performed and engaged in by individuals, groups,
   72  populations, families, or communities which occur in contexts
   73  and over time, such as activities of daily living, instrumental
   74  activities of daily living, health management, rest and sleep,
   75  education, work, play, leisure, and social participation. The
   76  term includes more specific occupations and the execution of
   77  multiple activities that are influenced by performance patterns,
   78  performance skills, and client factors, and that result in
   79  varied outcomes.
   80         (b) The practice of occupational therapy includes services
   81  include, but is are not limited to:
   82         1. The Assessment, treatment, and education of or
   83  consultation with individuals, groups, and populations whose
   84  abilities to participate safely in occupations, including
   85  activities of daily living, instrumental activities of daily
   86  living, rest and sleep, education, work, play, leisure, and
   87  social participation, are impaired or at risk for impairment due
   88  to issues related to, but not limited to, developmental
   89  deficiencies, the aging process, learning disabilities, physical
   90  environment and sociocultural context, physical injury or
   91  disease, cognitive impairments, or psychological and social
   92  disabilities the individual, family, or other persons.
   93         2. Methods or approaches used to determine abilities and
   94  limitations related to performance of occupations, including,
   95  but not limited to, the identification of physical, sensory,
   96  cognitive, emotional, or social deficiencies Interventions
   97  directed toward developing daily living skills, work readiness
   98  or work performance, play skills or leisure capacities, or
   99  enhancing educational performance skills.
  100         3. Specific occupational therapy techniques used for
  101  treatment which include, but are not limited to, training in
  102  activities of daily living; environmental modification;
  103  assessment of the need for the use of interventions such as the
  104  design, fabrication, and application of orthotics or orthotic
  105  devices; selecting, applying, and training in the use of
  106  assistive technology and adaptive devices; sensory, motor, and
  107  cognitive activities; therapeutic exercises; manual techniques;
  108  physical agent modalities; and occupational therapy services in
  109  mental health Providing for the development of: sensory-motor,
  110  perceptual, or neuromuscular functioning; range of motion; or
  111  emotional, motivational, cognitive, or psychosocial components
  112  of performance.
  113  
  114  These services may require assessment of the need for use of
  115  interventions such as the design, development, adaptation,
  116  application, or training in the use of assistive technology
  117  devices; the design, fabrication, or application of
  118  rehabilitative technology such as selected orthotic devices;
  119  training in the use of assistive technology; orthotic or
  120  prosthetic devices; the application of physical agent modalities
  121  as an adjunct to or in preparation for purposeful activity; the
  122  use of ergonomic principles; the adaptation of environments and
  123  processes to enhance functional performance; or the promotion of
  124  health and wellness.
  125         (c) The use of devices subject to 21 C.F.R. s. 801.109 and
  126  identified by the board is expressly prohibited except by an
  127  occupational therapist or occupational therapy assistant who has
  128  received training as specified by the board. The board shall
  129  adopt rules to implement carry out the purpose of this paragraph
  130  provision.
  131         Section 2. Subsection (2) of section 468.209, Florida
  132  Statutes, is amended to read:
  133         468.209 Requirements for licensure.—
  134         (2) An applicant who has practiced as a state-licensed or
  135  American Occupational Therapy Association-certified occupational
  136  therapy assistant for 4 years and who, before prior to January
  137  24, 1988, completed a minimum of 24 weeks 6 months of supervised
  138  occupational-therapist-level fieldwork experience may take the
  139  examination to be licensed as an occupational therapist without
  140  meeting the educational requirements for occupational therapists
  141  made otherwise applicable under paragraph (1)(b).
  142         Section 3. Subsection (2) of section 468.215, Florida
  143  Statutes, is amended to read:
  144         468.215 Issuance of license.—
  145         (2) Any person who is issued a license as an occupational
  146  therapist under the terms of this act may use the words
  147  “occupational therapist,” “licensed occupational therapist,”
  148  “occupational therapist doctorate,” or “occupational therapist
  149  registered,” or he or she may use the letters “O.T.,” “L.O.T.,”
  150  “O.T.D.,” or “O.T.R.,” in connection with his or her name or
  151  place of business to denote his or her registration hereunder.
  152         Section 4. Section 468.223, Florida Statutes, is amended to
  153  read:
  154         468.223 Prohibitions; penalties.—
  155         (1) A person may not:
  156         (a) Practice occupational therapy unless such person is
  157  licensed pursuant to ss. 468.201-468.225;
  158         (b) Use, in connection with his or her name or place of
  159  business, the words “occupational therapist,” “licensed
  160  occupational therapist,” “occupational therapist doctorate,”
  161  “occupational therapist registered,” “occupational therapy
  162  assistant,” “licensed occupational therapy assistant,”
  163  “certified occupational therapy assistant”; the letters “O.T.,”
  164  “L.O.T.,” “O.T.D.,” “O.T.R.,” “O.T.A.,” “L.O.T.A.,” or
  165  “C.O.T.A.”; or any other words, letters, abbreviations, or
  166  insignia indicating or implying that he or she is an
  167  occupational therapist or an occupational therapy assistant or,
  168  in any way, orally or in writing, in print or by sign, directly
  169  or by implication, to represent himself or herself as an
  170  occupational therapist or an occupational therapy assistant
  171  unless the person is a holder of a valid license issued pursuant
  172  to ss. 468.201-468.225;
  173         (c) Present as his or her own the license of another;
  174         (d) Knowingly give false or forged evidence to the board or
  175  a member thereof;
  176         (e) Use or attempt to use a license that which has been
  177  suspended, revoked, or placed on inactive or delinquent status;
  178         (f) Employ unlicensed persons to engage in the practice of
  179  occupational therapy; or
  180         (g) Conceal information relative to any violation of ss.
  181  468.201-468.225.
  182         (2) Any person who violates any provision of this section
  183  commits a misdemeanor of the second degree, punishable as
  184  provided in s. 775.082 or s. 775.083.
  185         Section 5. Paragraph (e) is added to subsection (1) of
  186  section 468.225, Florida Statutes, to read:
  187         468.225 Exemptions.—
  188         (1) Nothing in this act shall be construed as preventing or
  189  restricting the practice, services, or activities of:
  190         (e)Any person fulfilling an occupational therapy doctoral
  191  capstone experience that involves clinical practice or projects.
  192         Section 6. For the purpose of incorporating the amendment
  193  made by this act to section 468.203, Florida Statutes, in a
  194  reference thereto, paragraph (b) of subsection (4) of section
  195  1002.394, Florida Statutes, is reenacted to read:
  196         1002.394 The Family Empowerment Scholarship Program.—
  197         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
  198         (b) Program funds awarded to a student with a disability
  199  determined eligible pursuant to paragraph (3)(b) may be used for
  200  the following purposes:
  201         1. Instructional materials, including digital devices,
  202  digital periphery devices, and assistive technology devices that
  203  allow a student to access instruction or instructional content
  204  and training on the use of and maintenance agreements for these
  205  devices.
  206         2. Curriculum as defined in subsection (2).
  207         3. Specialized services by approved providers or by a
  208  hospital in this state which are selected by the parent. These
  209  specialized services may include, but are not limited to:
  210         a. Applied behavior analysis services as provided in ss.
  211  627.6686 and 641.31098.
  212         b. Services provided by speech-language pathologists as
  213  defined in s. 468.1125(8).
  214         c. Occupational therapy services as defined in s. 468.203.
  215         d. Services provided by physical therapists as defined in
  216  s. 486.021(8).
  217         e. Services provided by listening and spoken language
  218  specialists and an appropriate acoustical environment for a
  219  child who has a hearing impairment, including deafness, and who
  220  has received an implant or assistive hearing device.
  221         4. Tuition or fees associated with full-time or part-time
  222  enrollment in a home education program, an eligible private
  223  school, an eligible postsecondary educational institution or a
  224  program offered by the postsecondary educational institution, a
  225  private tutoring program authorized under s. 1002.43, a virtual
  226  program offered by a department-approved private online provider
  227  that meets the provider qualifications specified in s.
  228  1002.45(2)(a), the Florida Virtual School as a private paying
  229  student, or an approved online course offered pursuant to s.
  230  1003.499 or s. 1004.0961.
  231         5. Fees for nationally standardized, norm-referenced
  232  achievement tests, Advanced Placement Examinations, industry
  233  certification examinations, assessments related to postsecondary
  234  education, or other assessments.
  235         6. Contributions to the Stanley G. Tate Florida Prepaid
  236  College Program pursuant to s. 1009.98 or the Florida College
  237  Savings Program pursuant to s. 1009.981 for the benefit of the
  238  eligible student.
  239         7. Contracted services provided by a public school or
  240  school district, including classes. A student who receives
  241  services under a contract under this paragraph is not considered
  242  enrolled in a public school for eligibility purposes as
  243  specified in subsection (6).
  244         8. Tuition and fees for part-time tutoring services
  245  provided by a person who holds a valid Florida educator’s
  246  certificate pursuant to s. 1012.56, a person who holds an
  247  adjunct teaching certificate pursuant to s. 1012.57, a person
  248  who has a bachelor’s degree or a graduate degree in the subject
  249  area in which instruction is given, a person who has
  250  demonstrated a mastery of subject area knowledge pursuant to s.
  251  1012.56(5), or a person certified by a nationally or
  252  internationally recognized research-based training program as
  253  approved by the department. As used in this paragraph, the term
  254  “part-time tutoring services” does not qualify as regular school
  255  attendance as defined in s. 1003.01(13)(e).
  256         9. Fees for specialized summer education programs.
  257         10. Fees for specialized after-school education programs.
  258         11. Transition services provided by job coaches.
  259         12. Fees for an annual evaluation of educational progress
  260  by a state-certified teacher under s. 1002.41(1)(f), if this
  261  option is chosen for a home education student.
  262         13. Tuition and fees associated with programs offered by
  263  Voluntary Prekindergarten Education Program providers approved
  264  pursuant to s. 1002.55 and school readiness providers approved
  265  pursuant to s. 1002.88.
  266         14. Fees for services provided at a center that is a member
  267  of the Professional Association of Therapeutic Horsemanship
  268  International.
  269         15. Fees for services provided by a therapist who is
  270  certified by the Certification Board for Music Therapists or
  271  credentialed by the Art Therapy Credentials Board, Inc.
  272         Section 7. For the purpose of incorporating the amendment
  273  made by this act to section 468.203, Florida Statutes, in a
  274  reference thereto, paragraph (c) of subsection (2) of section
  275  1002.66, Florida Statutes, is reenacted to read:
  276         1002.66 Specialized instructional services for children
  277  with disabilities.—
  278         (2) The parent of a child who is eligible for the
  279  prekindergarten program for children with disabilities may
  280  select one or more specialized instructional services that are
  281  consistent with the child’s individual educational plan. These
  282  specialized instructional services may include, but are not
  283  limited to:
  284         (c) Occupational therapy as defined in s. 468.203.
  285         Section 8. This act shall take effect July 1, 2022.