HF 1190

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; clarifying the scope
of practice of occupational therapists; authorizing
approval for certain occupational therapists
continuing education activities; amending Minnesota
Statutes 2004, sections 148.6404; 148.6440,
subdivision 7.

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

Section 1.

Minnesota Statutes 2004, 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, new text begin wound care and lymphedema management, new text end 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, consistent with the requirements of section
148.6440; and

(13) promoting health and wellness.

Sec. 2.

Minnesota Statutes 2004, section 148.6440,
subdivision 7, is amended to read:

Subd. 7.

Approval.

(a) The advisory council shall
appoint a committee to review documentation under subdivisions 2
to 6 to determine if established educational and clinical
requirements are met. new text begin If after review of course documentation
the committee verifies that a specific course meets the
theoretical and clinical requirements in subdivisions 2 to 6,
the commissioner may approve practitioner applications that
include the required documentation evidencing completion of the
same course.
new text end

(b) Occupational therapists shall be advised of the status
of their request for approval within 30 days. Occupational
therapists must provide any additional information requested by
the committee that is necessary to make a determination
regarding approval or denial.

(c) A determination regarding a request for approval of
training under this subdivision shall be made in writing to the
occupational therapist. If denied, the reason for denial shall
be provided.

(d) A licensee who was approved by the commissioner as a
level two provider prior to July 1, 1999, shall remain on the
roster maintained by the commissioner in accordance with
subdivision 1, paragraph (c).

(e) To remain on the roster maintained by the commissioner,
a licensee who was approved by the commissioner as a level one
provider prior to July 1, 1999, must submit to the commissioner
documentation of training and experience gained using physical
agent modalities since the licensee's approval as a level one
provider. The committee appointed under paragraph (a) shall
review the documentation and make a recommendation to the
commissioner regarding approval.

(f) An occupational therapist who received training in the
use of physical agent modalities prior to July 1, 1999, but who
has not been placed on the roster of approved providers may
submit to the commissioner documentation of training and
experience gained using physical agent modalities. The
committee appointed under paragraph (a) shall review
documentation and make a recommendation to the commissioner
regarding approval.