1.1 	A bill for an act
1.2 	relating to health occupations; clarifying the scope
1.3 	of practice of occupational therapists; authorizing
1.4 	approval for certain occupational therapists
1.5 	continuing education activities; amending Minnesota
1.6 	Statutes 2004, sections 148.6404; 148.6440,
1.7 	subdivision 7.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 148.6404, is
1.10 	amended to read:
1.11 	148.6404 SCOPE OF PRACTICE.
1.12 	The practice of occupational therapy by an occupational
1.13 	therapist or occupational therapy assistant includes, but is not
1.14 	limited to, intervention directed toward:
1.15 	(1) assessment and evaluation, including the use of skilled
1.16 	observation or the administration and interpretation of
1.17 	standardized or nonstandardized tests and measurements, to
1.18 	identify areas for occupational therapy services;
1.19 	(2) providing for the development of sensory integrative,
1.20 	neuromuscular, or motor components of performance;
1.21 	(3) providing for the development of emotional,
1.22 	motivational, cognitive, or psychosocial components of
1.23 	performance;
1.24 	(4) developing daily living skills;
1.25 	(5) developing feeding and swallowing skills;
1.26 	(6) developing play skills and leisure capacities;
2.1 	(7) enhancing educational performance skills;
2.2 	(8) enhancing functional performance and work readiness
2.3 	through exercise, wound care and lymphedema management,range of
2.4 	motion, and use of ergonomic principles;
2.5 	(9) designing, fabricating, or applying rehabilitative
2.6 	technology, such as selected orthotic and prosthetic devices,
2.7 	and providing training in the functional use of these devices;
2.8 	(10) designing, fabricating, or adapting assistive
2.9 	technology and providing training in the functional use of
2.10 	assistive devices;
2.11 	(11) adapting environments using assistive technology such
2.12 	as environmental controls, wheelchair modifications, and
2.13 	positioning;
2.14 	(12) employing physical agent modalities, in preparation
2.15 	for or as an adjunct to purposeful activity, within the same
2.16 	treatment session or to meet established functional occupational
2.17 	therapy goals, consistent with the requirements of section
2.18 	148.6440; and
2.19 	(13) promoting health and wellness.

2.20 	Sec. 2. Minnesota Statutes 2004, section 148.6440,
2.21 	subdivision 7, is amended to read:
2.22 		Subd. 7.Approval.  (a) The advisory council shall
2.23 	appoint a committee to review documentation under subdivisions 2
2.24 	to 6 to determine if established educational and clinical
2.25 	requirements are met. If after review of course documentation
2.26 	the committee verifies that a specific course meets the
2.27 	theoretical and clinical requirements in subdivisions 2 to 6,
2.28 	the commissioner may approve practitioner applications that
2.29 	include the required documentation evidencing completion of the
2.30 	same course.
2.31 	(b) Occupational therapists shall be advised of the status
2.32 	of their request for approval within 30 days.  Occupational
2.33 	therapists must provide any additional information requested by
2.34 	the committee that is necessary to make a determination
2.35 	regarding approval or denial.
2.36 	(c) A determination regarding a request for approval of
3.1 	training under this subdivision shall be made in writing to the
3.2 	occupational therapist.  If denied, the reason for denial shall
3.3 	be provided.
3.4 	(d) A licensee who was approved by the commissioner as a
3.5 	level two provider prior to July 1, 1999, shall remain on the
3.6 	roster maintained by the commissioner in accordance with
3.7 	subdivision 1, paragraph (c).
3.8 	(e) To remain on the roster maintained by the commissioner,
3.9 	a licensee who was approved by the commissioner as a level one
3.10 	provider prior to July 1, 1999, must submit to the commissioner
3.11 	documentation of training and experience gained using physical
3.12 	agent modalities since the licensee's approval as a level one
3.13 	provider.  The committee appointed under paragraph (a) shall
3.14 	review the documentation and make a recommendation to the
3.15 	commissioner regarding approval.
3.16 	(f) An occupational therapist who received training in the
3.17 	use of physical agent modalities prior to July 1, 1999, but who
3.18 	has not been placed on the roster of approved providers may
3.19 	submit to the commissioner documentation of training and
3.20 	experience gained using physical agent modalities.  The
3.21 	committee appointed under paragraph (a) shall review
3.22 	documentation and make a recommendation to the commissioner
3.23 	regarding approval.