HF 2164

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 12:45pm

A bill for an act
relating to health occupations; making changes to licensure of occupational
therapists; amending Minnesota Statutes 2012, sections 148.6402, subdivision
17; 148.6404; 148.6430; 148.6432, subdivision 1; repealing Minnesota Statutes
2013 Supplement, section 148.6440.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to
read:

Subd. 17.

Physical agent modalities.

"Physical agent modalities" mean modalities
that use the properties of light, water, temperature, sound, or electricity to produce a
response in soft tissue. deleted text begin The physical agent modalities referred to in sections 148.6404
and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
and ultrasound.
deleted text end

Sec. 2.

Minnesota Statutes 2012, section 148.6404, is amended to read:

148.6404 SCOPE OF PRACTICE.

The practice of occupational therapy by an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward:

(1) assessment and evaluation, including the use of skilled observation or
the administration and interpretation of standardized or nonstandardized tests and
measurements, to identify areas for occupational therapy services;

(2) providing for the development of sensory integrative, neuromuscular, or motor
components of performance;

(3) providing for the development of emotional, motivational, cognitive, or
psychosocial components of performance;

(4) developing daily living skills;

(5) developing feeding and swallowing skills;

(6) developing play skills and leisure capacities;

(7) enhancing educational performance skills;

(8) enhancing functional performance and work readiness through exercise, range of
motion, and use of ergonomic principles;

(9) designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;

(10) designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;

(11) adapting environments using assistive technology such as environmental
controls, wheelchair modifications, and positioning;

(12) employing physical agent modalities, in preparation for or as an adjunct to
purposeful activity, within the same treatment session or to meet established functional
occupational therapy goals deleted text begin , consistent with the requirements of section 148.6440 deleted text end ; and

(13) promoting health and wellness.

Sec. 3.

Minnesota Statutes 2012, section 148.6430, is amended to read:

148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and treatment that, according to prevailing practice standards of the
American Occupational Therapy Association, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly. deleted text begin Delegation of duties related
to use of physical agent modalities to occupational therapy assistants is governed by
section 148.6440, subdivision 6.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

If the professional standards identified in section
148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent
with this section. deleted text begin Supervision of occupational therapy assistants using physical agent
modalities is governed by section 148.6440, subdivision 6.
deleted text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2013 Supplement, section 148.6440, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end