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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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.