HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 1 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to occupational therapy; amending s. 2
468.203, F.S.; defining and revising terms; amending 3
s. 468.209, F.S.; revising eligibility requirements 4
for the occupational therapist licensure examination; 5
amending s. 468.215, F.S.; authorizing certain 6
licensed occupational therapists to use a specified 7
title and the associated initials; amending s. 8
468.223, F.S.; prohibiting certain persons from using 9
a specified title and the associated initials; 10
providing criminal penalties; amending ss. 468.225, 11
490.014, and 491.014, F.S.; revising construction; 12
reenacting s. 490.012(1)(c), F.S., relating to 13
violations, penalties, and injunctions, to incorporate 14
the amendment made to s. 490.014, F.S., in a reference 15
thereto; amending s. 1002.394, F.S.; conforming a 16
provision to changes made by the act; reenacting s. 17
1002.66(2)(c), F.S., relating to specialized 18
instructional services for children with disabilities, 19
to incorporate the amendments made to s. 468.203, 20
F.S., in a reference thereto; providing an effective 21
date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 2 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Subsection (4) of section 468.203, Florida 26
Statutes, is amended to read: 27
468.203 Definitions.—As used in this act, the term: 28
(4) "Occupational therapy" means the therapeutic use of 29
occupations through habilitation, rehabilitation, and the 30
promotion of health and wellness with individuals, groups, or 31
populations, along with the ir families or organizations, to 32
support participation, performance, and function in the home, at 33
school, in the workplace, in the community, and in other 34
settings for clients who have, or who have been identified as 35
being at risk of developing, an illness , an injury, a disease, a 36
disorder, a condition, an impairment, a disability, an activity 37
limitation, or a participation restriction purposeful activity 38
or interventions to achieve functional outcomes . 39
(a) For the purposes of this subsection: 40
1. "Activities of daily living" means functions and tasks 41
for self-care which are performed on a daily or routine basis, 42
including functional mobility, bathing, dressing, eating and 43
swallowing, personal hygiene and grooming, toileting, and other 44
similar tasks "Achieving functional outcomes" means to maximize 45
the independence and the maintenance of health of any individual 46
who is limited by a physical injury or illness, a cognitive 47
impairment, a psychosocial dysfunction, a mental illness, a 48
developmental or a learnin g disability, or an adverse 49
environmental condition . 50
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 3 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. "Assessment" means the use of skilled observation or 51
the administration and interpretation of standardized or 52
nonstandardized tests and measurements to identify areas for 53
occupational therapy servic es. 54
3. "Health management" means therapeutic services designed 55
to develop, manage, and maintain health and wellness routines, 56
including self-management, performed with the goal of improving 57
or maintaining health to support participation in occupations. 58
4. "Instrumental activities of daily living" means daily 59
or routine activities a person must perform to live 60
independently within the home and community. 61
5. "Occupational performance" means the ability to 62
perceive, desire, recall, plan, and carry out ro les, routines, 63
tasks, and subtasks for the purpose of self -maintenance, self-64
preservation, productivity, leisure, and rest, for oneself or 65
for others, in response to internal or external demands of 66
occupations and contexts. 67
6. "Occupational therapy servi ces in mental health" means 68
occupation-based interventions and services for individuals, 69
groups, populations, families, or communities to improve 70
participation in daily occupations for individuals who are 71
experiencing, are in recovery from, or are identifi ed as being 72
at risk of developing mental health conditions. 73
7. "Occupations" means meaningful and purposeful everyday 74
activities performed and engaged in by individuals, groups, 75
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 4 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
populations, families, or communities which occur in contexts 76
and over time, such as activities of daily living, instrumental 77
activities of daily living, health management, rest and sleep, 78
education, work, play, leisure, and social participation. The 79
term includes more specific occupations and the execution of 80
multiple activities that are influenced by performance patterns, 81
performance skills, and client factors, and that result in 82
varied outcomes. 83
(b) The practice of occupational therapy includes services 84
include, but is are not limited to, the following services : 85
1. The Assessment, treatment, and education of or 86
consultation with individuals, groups, and populations whose 87
abilities to participate safely in occupations, including 88
activities of daily living, instrumental activities of daily 89
living, rest and sleep, education, wor k, play, leisure, and 90
social participation, are impaired or have been identified as 91
being at risk of impairment due to issues related to, but not 92
limited to, developmental deficiencies, the aging process, 93
learning disabilities, physical environment and soc iocultural 94
context, physical injury or disease, cognitive impairments, or 95
psychological and social disabilities the individual, family, or 96
other persons. 97
2. Methods or approaches used to determine abilities and 98
limitations related to performance of occupations, including, 99
but not limited to, the identification of physical, sensory, 100
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 5 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
cognitive, emotional, or social deficiencies Interventions 101
directed toward deve loping daily living skills, work readiness 102
or work performance, play skills or leisure capacities, or 103
enhancing educational performance skills . 104
3. Specific occupational therapy techniques used for 105
treatment which include, but are not limited to, training in 106
activities of daily living; environmental modification; 107
assessment of the need for the use of interventions such as the 108
design, fabrication, and application of orthotics or orthotic 109
devices; selecting, applying, and training in the use of 110
assistive technology and adaptive devices; sensory, motor, and 111
cognitive activities; therapeutic exercises; manual techniques; 112
physical agent modalities; and occupational therapy services in 113
mental health Providing for the development of: sensory -motor, 114
perceptual, or neuromuscular functioning; range of motion; or 115
emotional, motivational, cognitive, or psychosocial components 116
of performance. 117
118
These services may require assessment of the need for use of 119
interventions such as the design, development, adaptation, 120
application, or training in the use of assistive technology 121
devices; the design, fabrication, or application of 122
rehabilitative technology such as selected orthotic devices; 123
training in the use of assistive technology; orthotic or 124
prosthetic devices; the application of physical agent modalities 125
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 6 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as an adjunct to or in preparation for purposeful activity; the 126
use of ergonomic principles; the adaptation of environments and 127
processes to enhance functional performance; or the promotion of 128
health and wellness. 129
(c) The use of devices subject to 21 C.F.R. s. 801.109 and 130
identified by the board is expressly prohibited except by an 131
occupational therapist or occupational therapy assistant who has 132
received training as specified by the board. The board shall 133
adopt rules to carry out the purpose of this provision. 134
Section 2. Subsection (2) of section 468.209, Florida 135
Statutes, is amended to read: 136
468.209 Requirements for licensure. — 137
(2) An applicant who has practiced as a state -licensed or 138
American Occupational Therapy Ass ociation-certified occupational 139
therapy assistant for 4 years and who, before prior to January 140
24, 1988, completed a minimum of 24 weeks 6 months of supervised 141
occupational-therapist-level fieldwork experience may take the 142
examination to be licensed as an occupational therapist without 143
meeting the educational requirements for occupational therapists 144
made otherwise applicable under paragraph (1)(b). 145
Section 3. Subsection (2) of section 468.215, Florida 146
Statutes, is amended to read: 147
468.215 Issuance of license.— 148
(2)(a) Any person who is issued a license as an 149
occupational therapist under the terms of this act may use the 150
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 7 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
words "occupational therapist," "licensed occupational 151
therapist," or "occupational therapist registered," or he or she 152
may use the letters "O.T.," "L.O.T.," or "O.T.R.," in connection 153
with his or her name or place of business to denote his or her 154
registration hereunder. 155
(b) Any person who is issued a license as an occupational 156
therapist under the terms of this act and holds a doctora te 157
degree in occupational therapy may also use the words 158
"occupational therapist doctorate" and the letters "O.T.D." in 159
connection with his or her name or place of business to denote 160
his or her registration hereunder. 161
Section 4. Section 468.223, Florid a Statutes, is amended 162
to read: 163
468.223 Prohibitions; penalties. — 164
(1) A person may not: 165
(a) Practice occupational therapy unless such person is 166
licensed pursuant to ss. 468.201 -468.225; 167
(b) Use, in connection with his or her name or place of 168
business, the words "occupational therapist," "licensed 169
occupational therapist," "occupational therapist doctorate," 170
"occupational therapist registered," "occupational therapy 171
assistant," "licensed occupational therapy assistant," 172
"certified occupational therapy assistant"; the letters "O.T.," 173
"L.O.T.," "O.T.D.," "O.T.R.," "O.T.A.," "L.O.T.A.," or 174
"C.O.T.A."; or any other words, letters, abbreviations, or 175
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 8 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insignia indicating or implying that he or she is an 176
occupational therapist or an occupational therapy assist ant or, 177
in any way, orally or in writing, in print or by sign, directly 178
or by implication, to represent himself or herself as an 179
occupational therapist or an occupational therapy assistant 180
unless the person is a holder of a valid license issued pursuant 181
to ss. 468.201-468.225; 182
(c) Present as his or her own the license of another; 183
(d) Knowingly give false or forged evidence to the board 184
or a member thereof; 185
(e) Use or attempt to use a license that which has been 186
suspended, revoked, or placed on inactiv e or delinquent status; 187
(f) Employ unlicensed persons to engage in the practice of 188
occupational therapy; or 189
(g) Conceal information relative to any violation of ss. 190
468.201-468.225. 191
(2) Any person who violates any provision of this section 192
commits a misdemeanor of the second degree, punishable as 193
provided in s. 775.082 or s. 775.083. 194
Section 5. Subsection (2) of section 468.225, Florida 195
Statutes, is amended, and paragraph (e) is added to subsection 196
(1) of that section, to read: 197
468.225 Exemptions.— 198
(1) Nothing in this act shall be construed as preventing 199
or restricting the practice, services, or activities of: 200
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 9 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) Any person fulfilling an occupational therapy doctoral 201
capstone experience that involves clinical practice or projects. 202
To benefit from an exemption under this paragraph, a person must 203
register with the department in a manner determined by 204
department rule before commencing the capstone experience. 205
(2) No provision of this act shall be construed to 206
prohibit physicians, physician assistants, nurses, physical 207
therapists, osteopathic physicians or surgeons, clinical 208
psychologists, clinical social workers, marriage and family 209
therapists, mental health c ounselors, speech-language 210
pathologists, or audiologists from using occupational therapy as 211
a part of or incidental to their profession, when they practice 212
their profession under the statutes applicable to their 213
profession. 214
Section 6. Paragraph (b) of subsection (1) of section 215
490.014, Florida Statutes, is amended to read: 216
490.014 Exemptions. — 217
(1) 218
(b) No provision of this chapter shall be construed to 219
limit the practice of nursing, clinical social work, marriage 220
and family therapy, mental health counseling, occupational 221
therapy, or other recognized businesses or professions, or to 222
prevent qualified members of other professions from doing work 223
of a nature consistent with their training, so long as they do 224
not hold themselves out to the public as psychologists or use a 225
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 10 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
title or description protected by this chapter. Nothing in this 226
subsection shall be construed to exempt any person from the 227
provisions of s. 490.012. 228
Section 7. Subsection (2) of section 491.014, Florida 229
Statutes, is amended to read: 230
491.014 Exemptions. — 231
(2) No provision of this chapter shall be construed to 232
limit the practice of nursing, school psychology, or psychology, 233
or occupational therapy, or to prevent qualified members of 234
other professions from doing work of a nature consistent with 235
their training and licensure, so long as they do not hold 236
themselves out to the public as possessing a license, 237
provisional license, registration, or certificate issued 238
pursuant to this chapter or use a title protected by this 239
chapter. 240
Section 8. For the purpose of incorporating the amendment 241
made by this act to section 490.014, Florida Sta tutes, in a 242
reference thereto, paragraph (c) of subsection (1) of section 243
490.012, Florida Statutes, is reenacted to read: 244
490.012 Violations; penalties; injunction. — 245
(1) 246
(c) No person shall hold herself or himself out by any 247
title or description inco rporating the words, or permutations of 248
them, "psychology," "psychological," or "psychodiagnostic," or 249
describe any test or report as psychological, unless such person 250
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 11 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
holds a valid, active license under this chapter or is exempt 251
from the provisions of thi s chapter. 252
Section 9. Paragraph (b) of subsection (4) of section 253
1002.394, Florida Statutes, is amended to read: 254
1002.394 The Family Empowerment Scholarship Program. — 255
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 256
(b) Program funds awarded to a student w ith a disability 257
determined eligible pursuant to paragraph (3)(b) may be used for 258
the following purposes: 259
1. Instructional materials, including digital devices, 260
digital periphery devices, and assistive technology devices that 261
allow a student to access in struction or instructional content 262
and training on the use of and maintenance agreements for these 263
devices. 264
2. Curriculum as defined in subsection (2). 265
3. Specialized services by approved providers or by a 266
hospital in this state which are selected by t he parent. These 267
specialized services may include, but are not limited to: 268
a. Applied behavior analysis services as provided in ss. 269
627.6686 and 641.31098. 270
b. Services provided by speech -language pathologists as 271
defined in s. 468.1125(8). 272
c. Occupational therapy services as defined in s. 468.203. 273
d. Services provided by physical therapists as defined in 274
s. 486.021(8). 275
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 12 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
e. Services provided by listening and spoken language 276
specialists and an appropriate acoustical environment for a 277
child who has a hearing impairment, including deafness, and who 278
has received an implant or assistive hearing device. 279
4. Tuition or fees associated with full -time or part-time 280
enrollment in a home education program, an eligible private 281
school, an eligible postsecondary ed ucational institution or a 282
program offered by the postsecondary educational institution, a 283
private tutoring program authorized under s. 1002.43, a virtual 284
program offered by a department -approved private online provider 285
that meets the provider qualificatio ns specified in s. 286
1002.45(2)(a), the Florida Virtual School as a private paying 287
student, or an approved online course offered pursuant to s. 288
1003.499 or s. 1004.0961. 289
5. Fees for nationally standardized, norm -referenced 290
achievement tests, Advanced Place ment Examinations, industry 291
certification examinations, assessments related to postsecondary 292
education, or other assessments. 293
6. Contributions to the Stanley G. Tate Florida Prepaid 294
College Program pursuant to s. 1009.98 or the Florida College 295
Savings Program pursuant to s. 1009.981 for the benefit of the 296
eligible student. 297
7. Contracted services provided by a public school or 298
school district, including classes. A student who receives 299
services under a contract under this paragraph is not considered 300
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 13 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enrolled in a public school for eligibility purposes as 301
specified in subsection (6). 302
8. Tuition and fees for part -time tutoring services 303
provided by a person who holds a valid Florida educator's 304
certificate pursuant to s. 1012.56, a person who holds an 305
adjunct teaching certificate pursuant to s. 1012.57, a person 306
who has a bachelor's degree or a graduate degree in the subject 307
area in which instruction is given, a person who has 308
demonstrated a mastery of subject area knowledge pursuant to s. 309
1012.56(5), or a person certified by a nationally or 310
internationally recognized research -based training program as 311
approved by the department. As used in this paragraph, the term 312
"part-time tutoring services" does not qualify as regular school 313
attendance as defined in s. 100 3.01(13)(e). 314
9. Fees for specialized summer education programs. 315
10. Fees for specialized after -school education programs. 316
11. Transition services provided by job coaches. 317
12. Fees for an annual evaluation of educational progress 318
by a state-certified teacher under s. 1002.41(1)(f), if this 319
option is chosen for a home education student. 320
13. Tuition and fees associated with programs offered by 321
Voluntary Prekindergarten Education Program providers approved 322
pursuant to s. 1002.55 and scho ol readiness providers approved 323
pursuant to s. 1002.88. 324
14. Fees for services provided at a center that is a 325
HB 847 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0847-00
Page 14 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
member of the Professional Association of Therapeutic 326
Horsemanship International. 327
15. Fees for services provided by a therapist who is 328
certified by the Certification Board for Music Therapists or 329
credentialed by the Art Therapy Credentials Board, Inc. 330
Section 10. For the purpose of incorporating the amendment 331
made by this act to section 468.203, Florida Statutes, in a 332
reference thereto, parag raph (c) of subsection (2) of section 333
1002.66, Florida Statutes, is reenacted to read: 334
1002.66 Specialized instructional services for children 335
with disabilities.— 336
(2) The parent of a child who is eligible for the 337
prekindergarten program for children wi th disabilities may 338
select one or more specialized instructional services that are 339
consistent with the child's individual educational plan. These 340
specialized instructional services may include, but are not 341
limited to: 342
(c) Occupational therapy as defined in s. 468.203. 343
Section 11. This act shall take effect July 1, 2022. 344