Reprinted

February 16, 2007





HOUSE BILL No. 1821

_____


DIGEST OF HB 1821 (Updated February 15, 2007 6:24 pm - DI 114)



Citations Affected: IC 10-13; IC 12-10; IC 16-27; IC 20-12; IC 20-28; IC 25-23.5; IC 34-6; noncode.

Synopsis: Licensure of occupational therapists. Provides that licensed home health agency and licensed personal services agency: (1) may request national criminal background checks; and (2) must requires a limited criminal history). Requires the licensure of occupational therapists and occupational therapy assistants (current law requires certification). Requires the occupational therapy committee to propose rules to the medical licensing board (board) concerning the continuing competency requirements for the renewal of an occupational therapy license. Requires the board to approve a nationally recognized examination for occupational therapy licensure and establish the passing score needed to obtain a license. Provides that an occupational therapist may not perform certain spinal or joint adjustment procedures. Provides that an occupational therapist may not provide certain services unless the patient has been referred by a physician or chiropractor. Specifies when a temporary occupational therapy license expires.

Effective: July 1, 2007.





Klinker, Brown T, Brown C




    January 26, 2007, read first time and referred to Committee on Public Health.
    February 8, 2007, amended, reported _ Do Pass.
    February 15, 2007, read second time, amended, ordered engrossed.





Reprinted

February 16, 2007

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1821



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-3-16; (07)HB1821.2.1. -->     SECTION 1. IC 10-13-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) As used in this chapter, "qualified entity" means a business or an organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services.
    (b) The term includes the following:
        (1)
A business or an organization that licenses or certifies others to provide care or care placement services.
         (2) A home health agency licensed under IC 16-27-1.
        (3) A personal services agency licensed under IC 16-27-4.

SOURCE: IC 12-10-17.1-7; (07)HB1821.2.2. -->     SECTION 2. IC 12-10-17.1-7, AS ADDED BY P.L.141-2006, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. As used in this chapter, "licensed health professional" means any of the following:
        (1) A registered nurse.
        (2) A licensed practical nurse.
        (3) A physician with an unlimited license to practice medicine or

osteopathic medicine.
        (4) A licensed dentist.
        (5) A licensed chiropractor.
        (6) A licensed optometrist.
        (7) A licensed pharmacist.
        (8) A licensed physical therapist.
        (9) A certified licensed occupational therapist.
        (10) A certified psychologist.
        (11) A licensed podiatrist.
        (12) A licensed speech-language pathologist or audiologist.

SOURCE: IC 16-27-0.5-1; (07)HB1821.2.3. -->     SECTION 3. IC 16-27-0.5-1, AS AMENDED BY P.L.152-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The home health care services and hospice services council is established.
    (b) The council consists of sixteen (16) members as follows:
        (1) One (1) licensed physician experienced in home health care.
        (2) One (1) licensed physician with certification in hospice and palliative medicine.
        (3) Four (4) individuals as follows:
            (A) One (1) individual engaged in the administration of a nonhospital based home health agency.
            (B) One (1) individual engaged in the administration of a hospital based home health agency.
            (C) One (1) individual engaged in the administration of:
                (i) a nonhospital based hospice; or
                (ii) a hospice licensed under IC 16-25-3 that provides in-patient care.
            (D) One (1) individual engaged in the administration of a hospital based hospice.
        (4) One (1) registered nurse who is licensed under IC 25-23 and experienced in home health care.
        (5) One (1) registered nurse who is licensed under IC 25-23 with certification in hospice and palliative medicine.
        (6) One (1):
            (A) physical therapist licensed under IC 25-27;
            (B) occupational therapist certified licensed under IC 25-23.5; or
            (C) speech-language pathologist licensed under IC 25-35.6;
        experienced in home health care.
        (7) One (1) citizen having knowledge of or experience in hospice care.
        (8) One (1) citizen having knowledge of or experience in home

health agency care.
        (9) One (1) registered pharmacist who is licensed under IC 25-26 with experience in hospice and palliative medicine.
        (10) One (1) respiratory care practitioner who is licensed under IC 25-34.5 and experienced in home care.
        (11) One (1) individual who is a bereavement counselor with experience in hospice care.
        (12) The commissioner or the commissioner's designee.
        (13) The secretary of family and social services or the secretary's designee.
    (c) The governor shall appoint the members of the council designated by subsection (b)(1) through (b)(11).
    (d) Except for the members of the council designated by subsection (b)(12) through (b)(13), all appointments are for four (4) years. If a vacancy occurs, the appointee serves for the remainder of the unexpired term. A vacancy shall be filled from the same group that was represented by the outgoing member.
    (e) Except for the members of the council designated by subsection (b)(3), a member of the council may not:
        (1) have an ownership interest in the operation of; or
        (2) serve as a voting member on the governing body of;
a home health agency licensed under this article or a hospice licensed under IC 16-25.

SOURCE: IC 16-27-1-1; (07)HB1821.2.4. -->     SECTION 4. IC 16-27-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this chapter, "health care professional" means any of the following:
        (1) A licensed physician.
        (2) A licensed dentist.
        (3) A licensed chiropractor.
        (4) A licensed podiatrist.
        (5) A licensed optometrist.
        (6) A nurse licensed under IC 25-23-1.
        (7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
        (8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
        (9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
        (10) An:
            (A) occupational therapist; or
            (B) occupational therapist therapy assistant;
        certified licensed under IC 25-23.5.
        (11) A social worker licensed under IC 25-23.6 or a social work assistant.
        (12) A pharmacist licensed under IC 25-26-13.
SOURCE: IC 16-27-2-1; (07)HB1821.2.5. -->     SECTION 5. IC 16-27-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this chapter, "health care professional" means any of the following:
        (1) A licensed physician or a physician's assistant (as defined in IC 25-22.5-1-1.1).
        (2) A dentist licensed under IC 25-14.
        (3) A chiropractor licensed under IC 25-10-1.
        (4) A podiatrist licensed under IC 25-29.
        (5) An optometrist licensed under IC 25-24.
        (6) A nurse licensed under IC 25-23-1.
        (7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
        (8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
        (9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
        (10) An:
            (A) occupational therapist; or
            (B) occupational therapist therapy assistant;
        certified licensed under IC 25-23.5.
        (11) A social worker licensed under IC 25-23.6 or a clinical social worker licensed under IC 25-23.6.
        (12) A pharmacist licensed under IC 25-26-13.
SOURCE: IC 16-27-2-4; (07)HB1821.2.6. -->     SECTION 6. IC 16-27-2-4, AS AMENDED BY P.L.212-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 shall apply, not more than three (3) business days after the date that an employee begins to provide services in a patient's temporary or permanent residence, for a copy of the employee's limited national criminal history background check from the Indiana central repository for criminal history information under IC 10-13-3. IC 10-13-3-39.
    (b) Except as provided in subsection (c), a home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than three (3) business days without applying for that person's limited national criminal history background check as required by subsection (a).
     (c) Subsection (b) does not apply to a person who is an employee of a home health agency or a personal services agency as of June 30, 2007.
    (d) A home health agency or personal services agency shall apply for the national criminal history background check required by subsection (a) for each person who is a an employee as of June 30, 2007, by December 1, 2007.

SOURCE: IC 16-27-2-5; (07)HB1821.2.7. -->     SECTION 7. IC 16-27-2-5, AS AMENDED BY P.L.212-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) Except as provided in subsection (b), a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 may not employ a person to provide services in a patient's or client's temporary or permanent residence if that person's limited national criminal history background check indicates that the person has been convicted of any of the following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Exploitation of an endangered adult (IC 35-46-1-12).
        (4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
        (5) Theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the person's employment application date.
    (b) Except as provided in subsection (c), a home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's limited national criminal history background check required by section 4 of this chapter, unless either the Indiana central repository for criminal history information under IC 10-13-3 state police department or the Federal Bureau of Investigation under IC 10-13-3-39 is solely responsible for failing to provide the person's limited national criminal history background check to the home health agency or personal services agency within the time required under this subsection.
     (c) Subsection (b) does not apply to a person who is an employee of a home health agency or personal services agency as of June 30, 2007.
SOURCE: IC 20-12-21.7-8; (07)HB1821.2.8. -->     SECTION 8. IC 20-12-21.7-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The commission for higher education under IC 20-12-0.5 shall provide the commission with the most recent information concerning:
        (1) the number of minority students enrolled at each eligible institution; and
        (2) the number of individuals who are:
            (A) enrolled at each eligible institution; and
            (B) pursuing a course of study that would enable the student, upon graduation, to be:
                (i) licensed to teach special education in an accredited school; or
                (ii) certified licensed to practice occupational therapy or licensed to practice physical therapy in an accredited school, in a vocational rehabilitation center under IC 12-12-1-4.1(a)(1), or in a community mental retardation or other developmental disabilities center under IC 12-29 as part of the special education program.
    (b) The commission shall allocate the available money from the fund to each eligible institution in proportion to the number of minority students enrolled at each eligible institution as described in subsection (a) based upon the information received by the commission under subsection (a).
    (c) Each eligible institution shall determine the scholarship recipients under this chapter:
        (1) based upon the criteria set forth in section 9 of this chapter or section 9.1 of this chapter, whichever applies, and the rules adopted by the commission under section 12 of this chapter; and
        (2) with a priority on granting scholarships in the following order:
            (A) Minority students seeking a renewal scholarship.
            (B) Newly enrolling minority students.
            (C) Special education services students seeking a renewal scholarship.
            (D) Newly enrolling special education services students.
However, the eligible institution may not grant a scholarship renewal to a student for an academic year that ends later than six (6) years after the date the student received the initial scholarship under this chapter.
    (d) Any funds that:
        (1) are allocated to an eligible institution; and
        (2) are not utilized for scholarships under this chapter;
shall be returned to the commission for reallocation by the commission to any other eligible institution in need of additional funds.
SOURCE: IC 20-12-21.7-9.1; (07)HB1821.2.9. -->     SECTION 9. IC 20-12-21.7-9.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9.1. (a) To initially qualify for a scholarship from the fund as the fund pertains to individuals described in section 8(a)(2) of this chapter, an individual

must:
        (1) be admitted to an eligible institution of higher learning as a full-time student or be attending an eligible institution of higher learning as a full-time student;
        (2) intend to pursue or, in the case of a student who is attending an eligible institution of higher learning, pursue a course of study that would enable the student, upon graduation:
            (A) to be licensed to teach special education in an accredited school under rules adopted by the Indiana state board of education;
            (B) to be certified licensed to practice occupational therapy:
                (i) in an accredited school;
                (ii) in a vocational rehabilitation center under IC 12-12-1-4.1(a)(1); or
                (iii) in a community mental retardation or other developmental disabilities center under IC 12-29 except IC 12-29-3-6; or
            (C) to be licensed to practice physical therapy:
                (i) in an accredited school;
                (ii) in a vocational rehabilitation center under IC 12-12-1-4.1(a)(1); or
                (iii) in a community mental retardation or other developmental disabilities center under IC 12-29 except IC 12-29-3-6;
        (3) agree, in writing, to:
            (A) teach in an accredited school; or
            (B) practice occupational therapy or physical therapy, whichever applies:
                (i) in an accredited school in Indiana;
                (ii) in a vocational rehabilitation center under IC 12-12-1-4.1(a)(1); or
                (iii) in a community mental retardation or other developmental disabilities center under IC 12-29 except IC 12-29-3-6;
        at least three (3) of the first five (5) years following the student's licensure as a teacher, certification licensure as an occupational therapist, or licensure as a physical therapist; and
        (4) meet any other minimum criteria established by the commission.
    (b) To qualify for a scholarship renewal from the fund under this section, the individual must:
        (1) comply with the criteria set forth in subsection (a); and


        (2) maintain at least the cumulative grade point average:
            (A) that is required by an eligible institution for admission to the eligible institution's school of education; or
            (B) of 2.0 on a 4.0 grading scale or its equivalent as established by the eligible institution if the eligible institution's school of education does not require a certain minimum cumulative grade point average.
SOURCE: IC 20-28-1-11; (07)HB1821.2.10. -->     SECTION 10. IC 20-28-1-11, AS AMENDED BY P.L.157-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. "School psychology" means the following:
        (1) Administering, scoring, and interpreting educational, cognitive, career, vocational, behavioral, and affective tests and procedures that address a student's:
            (A) education;
            (B) developmental status;
            (C) attention skills; and
            (D) social, emotional, and behavioral functioning;
        as they relate to the student's learning or training in the academic or vocational environment.
        (2) Providing consultation, collaboration, and intervention services (not including psychotherapy) and providing referral to community resources to:
            (A) students;
            (B) parents of students;
            (C) teachers;
            (D) school administrators; and
            (E) school staff;
        concerning learning and performance in the educational process.
        (3) Participating in or conducting research relating to a student's learning and performance in the educational process:
            (A) regarding the educational, developmental, career, vocational, or attention functioning of the student; or
            (B) screening social, affective, and behavioral functioning of the student.
        (4) Providing inservice or continuing education services relating to learning and performance in the educational process to schools, parents, or others.
        (5) Supervising school psychology services.
        (6) Referring a student to:
            (A) a speech-language pathologist or an audiologist licensed under IC 25-35.6 for services for speech, hearing, and language disorders; or
            (B) an occupational therapist certified licensed under IC 25-23.5 for occupational therapy services;
        by a school psychologist who is employed by a school corporation and who is defined as a practitioner of the healing arts for the purpose of referrals under 42 CFR 440.110.
The term does not include the diagnosis or treatment of mental and nervous disorders, except for conditions and interventions provided for in state and federal mandates affecting special education and vocational evaluations as the evaluations relate to the assessment of handicapping conditions and special education decisions or as the evaluations pertain to the placement of children and developmentally disabled adults.
SOURCE: IC 25-23.5-0.5; (07)HB1821.2.11. -->     SECTION 11. IC 25-23.5-0.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 0.5. Applicability
    Sec. 1. This article does not apply to the following:
        (1) An individual licensed, certified, or registered to practice any of the following:
            (A) Medicine.
            (B) Osteopathy.
            (C) Chiropractic.
            (D) Podiatric medicine.
            (E) Physical therapy.
            (F) Optometry.
            (G) Nursing.
            (H) Psychology.
        (2) The performance of tasks by an individual providing health care services that are delegated or ordered by a licensed health care professional other than an occupational therapist, as long as the task is within the scope of practice of the licensed health care professional.
    Sec. 2. The provisions of this article that require a license to engage in the practice of occupational therapy do not apply to the following:
        (1) The practice of occupational therapy by an individual who is practicing occupational therapy as part of a supervised course of study in an educational program approved by the board.
        (2) The practice of occupational therapy by an occupational therapy aide under the supervision of:
            (A) an occupational therapist; or
            (B) an occupational therapy assistant.

SOURCE: IC 25-23.5-1-3.5; (07)HB1821.2.12. -->     SECTION 12. IC 25-23.5-1-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.5. "Examination" refers to a nationally recognized test for occupational therapists or occupational therapy assistants that has been approved by the board under IC 25-23.5-5-4.5.
SOURCE: IC 25-23.5-1-5; (07)HB1821.2.13. -->     SECTION 13. IC 25-23.5-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. "Practice of occupational therapy" means the functional assessment of learning and performance skills and the analysis, selection, and adaptation of exercises or equipment for a person whose abilities to perform the requirements of daily living are threatened or impaired by physical injury or disease, mental illness, a developmental deficit, the aging process, or a learning disability. The term consists primarily of the following functions:
        (1) Planning and directing exercises and programs to improve sensory-integration and motor functioning at a level of performance neurologically appropriate for a person's stage of development.
        (2) Analyzing, selecting, and adapting functional exercises to achieve and maintain a person's optimal functioning in daily living tasks and to prevent further disability.
SOURCE: IC 25-23.5-2-2; (07)HB1821.2.14. -->     SECTION 14. IC 25-23.5-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The committee consists of five (5) members appointed by the governor for terms of three (3) years. The committee must include the following:
        (1) At least two (2) occupational therapists who:
            (A) are residents of Indiana;
            (B) have at least three (3) years experience as occupational therapists; and
            (C) are certified licensed under this article.
        (2) At least one (1) physician licensed under IC 25-22.5 who is familiar with the practice of occupational therapy.
        (3) At least one (1) person who:
            (A) is a resident of Indiana; and
            (B) is not associated with occupational therapy in any way other than as a consumer.
SOURCE: IC 25-23.5-2-5; (07)HB1821.2.15. -->     SECTION 15. IC 25-23.5-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. The committee shall:
        (1) consider the qualifications of persons who apply for certificates licenses under this article;
        (2) provide for examinations required under this article;
        (3) certify license qualified persons;
        (4) propose rules to the board concerning the:
             (A) competent practice of occupational therapy;
             (B) continuing competency requirement for the renewal of a license for an occupational therapist or an occupational therapy assistant; and the
             (C) administration of this article; and
        (5) recommend to the board the amounts of fees required under this article.
SOURCE: IC 25-23.5-2-6; (07)HB1821.2.16. -->     SECTION 16. IC 25-23.5-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) After considering the committee's proposed rules, the board shall adopt rules under IC 4-22-2 establishing standards for:
        (1) the competent practice of occupational therapy;
        (2) the renewal of certificates licenses issued under this article; and
        (3) standards for the administration of this article.
    (b) After considering the committee's recommendations for fees, the board shall establish fees under IC 25-1-8-2.
SOURCE: IC 25-23.5-3-1; (07)HB1821.2.17. -->     SECTION 17. IC 25-23.5-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) A person may not:
        (1) profess to be practice as an occupational therapist;
        (2) profess to be practice as an occupational therapy assistant;
        (3) use the title "occupational therapist";
        (4) use the title "occupational therapy assistant"; or
        (5) use the initials "O.T.", "O.T.A.", "O.T.R.", or "C.O.T.A." or any other words, letters, abbreviations, or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant certified under this article;
        (5) engage in the practice of occupational therapy;

unless the person is certified licensed under this article.
SOURCE: IC 25-23.5-3-1.5; (07)HB1821.2.18. -->     SECTION 18. IC 25-23.5-3-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a) Except as provided in subsection (b), an occupational therapy practitioner may not provide occupational therapy services to a person until the person has been referred to the occupational therapy practitioner by a physician licensed under IC 25-22.5, a psychologist licensed under IC 25-33, or a chiropractor licensed under IC 25-10.
     (b) An occupational therapy practitioner may provide the

following services without a referral from a physician licensed under IC 25-22.5:
        (1) Ergonomic or home assessment.
        (2) Injury or illness prevention education, and wellness services.
        (3) Education related services.
        (4) Occupational therapy activities that the board determines, after reviewing the recommendations of the committee, are appropriate to be conducted in a community based environment.

     (c) An occupational therapist licensed under this article may not perform any of the following:
        (1) A spinal adjustment.
        (2) A spinal manipulation.
        (3) A Grade 5 mobilization.
        (4) Any manual or mechanical intervention that:
            (A) may have velocity, lever, amplitude, or recoil;
            (B) may carry a joint complex beyond the normal physiological range of motion;
            (C) is applied without exceeding the boundaries of anatomical integrity of the joint complex or other articulation; and         
            (D) is intended to result in a cavitation of the joint or a reduction of a subluxation.

SOURCE: IC 25-23.5-3-2; (07)HB1821.2.19. -->     SECTION 19. IC 25-23.5-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.
SOURCE: IC 25-23.5-5-1; (07)HB1821.2.20. -->     SECTION 20. IC 25-23.5-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. A person who applies for a certificate license as an occupational therapist or occupational therapy assistant must present satisfactory evidence to the committee that the person:
        (1) does not have a conviction for a crime that has a direct bearing on the person's ability to practice competently;
        (2) has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the person was not able to practice as an occupational therapist or occupational therapy assistant without endangering the public;
        (3) has graduated from a school or program of occupational therapy or a program for occupational therapy assistants approved

by the board; and
        (4) has passed an occupational therapist or occupational therapy assistant licensing or certifying examination approved by the board under section 4.5 of this chapter.

SOURCE: IC 25-23.5-5-2; (07)HB1821.2.21. -->     SECTION 21. IC 25-23.5-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The board may require a person who applies for a certificate license as an occupational therapist to have successfully completed supervised fieldwork experience arranged and approved by the school or program from which the person graduated.
    (b) The board may require a person who applies for a certificate license as an occupational therapy assistant to have successfully completed supervised fieldwork experience arranged and approved by the program from which the person graduated.
SOURCE: IC 25-23.5-5-3; (07)HB1821.2.22. -->     SECTION 22. IC 25-23.5-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. A person applying for a certificate license under this article must pay a fee.
SOURCE: IC 25-23.5-5-4; (07)HB1821.2.23. -->     SECTION 23. IC 25-23.5-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A person who satisfies the requirements of sections 1 through 3 of this chapter may take the examination provided approved by the board under section 4.5 of this chapter.
SOURCE: IC 25-23.5-5-4.5; (07)HB1821.2.24. -->     SECTION 24. IC 25-23.5-5-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) The board shall do the following:
        (1) Approve a nationally recognized examination for each type of license issued under this article.

         (2) Establish the passing score necessary to obtain a license under this article.
    (b) The board may use any part of an examination administered by:
        (1) the National Board for Certification in Occupational Therapy, or its successor; or
        (2) another nationally recognized body that provides examination services for occupational therapists or occupational therapy assistants, as determined by the committee;
as the examination required to obtain a license under this article.

SOURCE: IC 25-23.5-5-5; (07)HB1821.2.25. -->     SECTION 25. IC 25-23.5-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The committee shall provide for examinations to be given at least two (2) times a year

at times and places established by the board.
    (b) The committee shall provide for examinations that test a person's knowledge of the basic and clinical sciences as they relate to the practice of occupational therapy, occupational therapy theory and procedures, and other subjects the committee considers useful to test a person's fitness to practice as an occupational therapist or occupational therapy assistant.

SOURCE: IC 25-23.5-5-6; (07)HB1821.2.26. -->     SECTION 26. IC 25-23.5-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. The committee shall issue a certificate license to a person who
        (1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and
        (2) is otherwise qualified meets the requirements for a license under this article.
SOURCE: IC 25-23.5-5-7; (07)HB1821.2.27. -->     SECTION 27. IC 25-23.5-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. The committee may refuse to issue a certificate license or may issue a probationary certificate temporary license to a person if:
        (1) the person has been disciplined by an administrative agency in another jurisdiction; and
        (2) the committee determines that the violation for which the person was disciplined has a direct bearing on the person's ability to practice occupational therapy as an occupational therapist or occupational therapy assistant.
SOURCE: IC 25-23.5-5-8; (07)HB1821.2.28. -->     SECTION 28. IC 25-23.5-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) If the committee issues a probationary certificate temporary license under section 7 of this chapter, the committee may require the person who holds the certificate temporary license to perform one (1) or more of the following conditions:
        (1) Report regularly to the committee upon a matter that is the basis for the probation.
        (2) Limit practice to areas prescribed by the committee.
        (3) Continue or renew professional education.
        (4) Engage in community restitution or service without compensation for a number of hours specified by the committee.
    (b) The committee shall remove a limitation placed on a probationary certificate temporary license if after a hearing the committee finds that the deficiency that caused the limitation has been remedied.
SOURCE: IC 25-23.5-5-9; (07)HB1821.2.29. -->     SECTION 29. IC 25-23.5-5-9, AS AMENDED BY P.L.1-2006, SECTION 457, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A certificate license issued by the committee expires on a date established by the Indiana professional licensing agency under IC 25-1-5-4 in the next even-numbered year following the year in which the certificate license was issued.
    (b) A person may renew a certificate license by paying a renewal fee on or before the expiration date of the certificate. license.
    (c) If a person fails to pay a renewal fee on or before the expiration date of a certificate, license, the certificate license becomes invalid.

SOURCE: IC 25-23.5-5-10; (07)HB1821.2.30. -->     SECTION 30. IC 25-23.5-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) The committee shall reinstate an invalid certificate license up to three (3) years after the expiration date of the certificate license if the person holding the invalid certificate license meets the requirements under IC 25-1-8-6.
    (b) If more than three (3) years have elapsed since the date a certificate license expired, the person holding the certificate license may renew the certificate license by satisfying the requirements for renewal established by the board and meeting the requirements under IC 25-1-8-6.
SOURCE: IC 25-23.5-5-11; (07)HB1821.2.31. -->     SECTION 31. IC 25-23.5-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) The committee may issue a temporary permit license to a person to profess to be engage in the practice of occupational therapy as an occupational therapist or occupational therapy assistant if the person pays a fee and the person:
        (1) has a valid license or certificate to practice from another state and the person has applied for a certificate license from the committee;
        (2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants but is certified by a national occupational therapy association approved by the committee board and the person has applied for a certificate license from the committee; or
        (3) has been approved by the committee to take the next examination and has graduated from a school or program approved by the committee and the person has completed the fieldwork experience requirement.
         (3) meets all the following requirements:
            (A) Has graduated from an accredited program.
            (B) Has completed the fieldwork experience requirement for a license under this article.
            (C) Is eligible to take the entry level examination.

    (b) A person with a temporary permit license issued under subsection (a)(3) may profess to be engage in the practice of occupational therapy as an occupational therapist or an occupational therapy assistant only under the supervision of an occupational therapist certified licensed under this article.
    (c) A temporary permit license expires the earlier of:
        (1) the date the person holding the permit temporary license is issued a certificate permanent license under this article; or
        (2) the date the committee disapproves the person's certificate license application; or
        (3) one hundred eighty days (180) days after the date the temporary license is issued.

    (d) The committee may renew a temporary permit license if the person holding the permit temporary license was scheduled to take the next examination and the person:
        (1) did not take the examination; and
        (2) shows good cause for not taking the examination.
    (e) A permit temporary license renewed under subsection (c) (d) expires on the date the person holding the permit temporary license receives the results from the next examination given after the permit temporary license was issued.
SOURCE: IC 25-23.5-5-12; (07)HB1821.2.32. -->     SECTION 32. IC 25-23.5-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) A person who is certified licensed under this article shall notify the committee in writing when the person retires from practice.
    (b) Upon receipt of the notice, the committee shall:
        (1) record the fact the person is retired; and
        (2) release the person from further payment of renewal fees.
SOURCE: IC 25-23.5-5-13; (07)HB1821.2.33. -->     SECTION 33. IC 25-23.5-5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. (a) If a person surrenders a certificate license to the committee, the committee may reinstate the certificate license upon written request by the person.
    (b) If the committee reinstates a certificate, license, the committee may impose conditions on the certificate license appropriate to the reinstatement.
    (c) A person may not surrender a certificate license without written approval by the committee if a disciplinary proceeding under this article is pending against the person.
SOURCE: IC 25-23.5-5-14; (07)HB1821.2.34. -->     SECTION 34. IC 25-23.5-5-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. A person who applies for a certificate license under this article may be exempted by the committee from the examination requirement under section 6 of

this chapter if the person:
        (1) is licensed or certified to practice occupational therapy as an occupational therapist or occupational therapy assistant in another state; or
        (2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants and is certified by a national occupational therapy association approved by the board;
and is otherwise qualified under sections 1 through 3 of this chapter and pays an additional fee.

SOURCE: IC 25-23.5-5-15; (07)HB1821.2.35. -->     SECTION 35. IC 25-23.5-5-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. The committee may issue a certificate license to a person who has graduated as an occupational therapist or occupational therapy assistant from an educational program in a foreign country if the person:
        (1) graduated from an educational program approved by the board;
        (2) does not have a conviction for:
            (A) an act that would constitute a ground for a disciplinary sanction under IC 25-1-9; or
            (B) a crime that has a direct bearing on the person's ability to practice competently;
        (3) has not been the subject of a disciplinary action initiated by a licensing agency of another state or jurisdiction on the ground that the person was not able to practice occupational therapy as an occupational therapist or occupational therapy assistant without endangering the public;
        (4) passes the examination required under this chapter; and
        (5) pays a fee.
SOURCE: IC 34-6-2-117; (07)HB1821.2.36. -->     SECTION 36. IC 34-6-2-117 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 117. "Professional health care provider", for purposes of IC 34-30-15, means:
        (1) a physician licensed under IC 25-22.5;
        (2) a dentist licensed under IC 25-14;
        (3) a hospital licensed under IC 16-21;
        (4) a podiatrist licensed under IC 25-29;
        (5) a chiropractor licensed under IC 25-10;
        (6) an optometrist licensed under IC 25-24;
        (7) a psychologist licensed under IC 25-33;
        (8) a pharmacist licensed under IC 25-26;
        (9) a health facility licensed under IC 16-28-2;
        (10) a registered or licensed practical nurse licensed under

IC 25-23;
        (11) a physical therapist licensed under IC 25-27;
        (12) a home health agency licensed under IC 16-27-1;
        (13) a community mental health center (as defined in IC 12-7-2-38);
        (14) a health care organization whose members, shareholders, or partners are:
            (A) professional health care providers described in subdivisions (1) through (13);
            (B) professional corporations comprised of health care professionals (as defined in IC 23-1.5-1-8); or
            (C) professional health care providers described in subdivisions (1) through (13) and professional corporations comprised of persons described in subdivisions (1) through (13);
        (15) a private psychiatric hospital licensed under IC 12-25;
        (16) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11);
        (17) a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-34-4);
        (18) a respiratory care practitioner licensed under IC 25-34.5;
        (19) an occupational therapist certified licensed under IC 25-23.5;
        (20) a state institution (as defined in IC 12-7-2-184);
        (21) a clinical social worker who is licensed under IC 25-23.6-5-2;
        (22) a managed care provider (as defined in IC 12-7-2-127(b));
        (23) a nonprofit health care organization affiliated with a hospital that is owned or operated by a religious order, whose members are members of that religious order; or
        (24) a nonprofit health care organization with one (1) or more hospital affiliates.

SOURCE: ; (07)HB1821.2.37. -->     SECTION 37. [EFFECTIVE JULY 1, 2007] (a) If an individual is certified as:
        (1) an occupational therapist under IC 25-23.5 on June 30, 2007, the individual is considered to be a licensed occupational therapist under IC 25-23.5, as amended by this act, on July 1, 2007; and
        (2) an occupational therapy assistant under IC 25-23.5 on June 30, 2007, the individual is considered to be a licensed occupational therapy assistant under IC 25-23.5, as amended

by this act, on July 1, 2007.
The license of an individual described in this subsection expires on the date the individual's certification that the license is replacing would have expired if this act had not been enacted.
    (b) The occupational therapy committee established by IC 25-23.5-2-1 shall issue a license under IC 25-23.5-5-6, as amended by this act, to an individual described in subsection (a). However, the occupational therapy committee and the Indiana professional licensing agency are not required to issue:
        (1) a wall license; or
        (2) a pocket license;
to an individual described in subsection (a) until the license renewal period beginning December 1, 2007.
    (c) The medical licensing board of Indiana may adopt temporary rules in the manner provided for emergency rule adoption under IC 4-22-2-37.1 to implement IC 25-23.5, as amended by this act. A temporary rule adopted under this subsection expires on the earliest of the following:
        (1) The date that the temporary rule is superseded by another temporary rule adopted under this subsection.
        (2) The date that the temporary rule is superseded by a rule adopted under IC 4-22-2.
        (3) The date specified in the temporary rule.
        (4) July 1, 2009.

     (d) This SECTION expires July 1, 2010.

SOURCE: ; (07)HB1821.2.38. -->     SECTION 38. An emergency is declared for this act.