Florida 2022 Regular Session

Florida House Bill H0847 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 847 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0847-00
9	9	Page 1 of 14
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to occupational therapy; amending s. 2
16	16	468.203, F.S.; defining and revising terms; amending 3
17	17	s. 468.209, F.S.; revising eligibility requirements 4
18	18	for the occupational therapist licensure examination; 5
19	19	amending s. 468.215, F.S.; authorizing certain 6
20	20	licensed occupational therapists to use a specified 7
21	21	title and the associated initials; amending s. 8
22	22	468.223, F.S.; prohibiting certain persons from using 9
23	23	a specified title and the associated initials; 10
24	24	providing criminal penalties; amending ss. 468.225, 11
25	25	490.014, and 491.014, F.S.; revising construction; 12
26	26	reenacting s. 490.012(1)(c), F.S., relating to 13
27	27	violations, penalties, and injunctions, to incorporate 14
28	28	the amendment made to s. 490.014, F.S., in a reference 15
29	29	thereto; amending s. 1002.394, F.S.; conforming a 16
30	30	provision to changes made by the act; reenacting s. 17
31	31	1002.66(2)(c), F.S., relating to specialized 18
32	32	instructional services for children with disabilities, 19
33	33	to incorporate the amendments made to s. 468.203, 20
34	34	F.S., in a reference thereto; providing an effective 21
35	35	date. 22
36	36	23
37	37	Be It Enacted by the Legislature of the State of Florida: 24
38	38	25
39	39
40	40	HB 847 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0847-00
46	46	Page 2 of 14
47	47	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
48	48
49	49
50	50
51	51	Section 1. Subsection (4) of section 468.203, Florida 26
52	52	Statutes, is amended to read: 27
53	53	468.203 Definitions.—As used in this act, the term: 28
54	54	(4) "Occupational therapy" means the therapeutic use of 29
55	55	occupations through habilitation, rehabilitation, and the 30
56	56	promotion of health and wellness with individuals, groups, or 31
57	57	populations, along with the ir families or organizations, to 32
58	58	support participation, performance, and function in the home, at 33
59	59	school, in the workplace, in the community, and in other 34
60	60	settings for clients who have, or who have been identified as 35
61	61	being at risk of developing, an illness , an injury, a disease, a 36
62	62	disorder, a condition, an impairment, a disability, an activity 37
63	63	limitation, or a participation restriction purposeful activity 38
64	64	or interventions to achieve functional outcomes . 39
65	65	(a) For the purposes of this subsection: 40
66	66	1. "Activities of daily living" means functions and tasks 41
67	67	for self-care which are performed on a daily or routine basis, 42
68	68	including functional mobility, bathing, dressing, eating and 43
69	69	swallowing, personal hygiene and grooming, toileting, and other 44
70	70	similar tasks "Achieving functional outcomes" means to maximize 45
71	71	the independence and the maintenance of health of any individual 46
72	72	who is limited by a physical injury or illness, a cognitive 47
73	73	impairment, a psychosocial dysfunction, a mental illness, a 48
74	74	developmental or a learnin g disability, or an adverse 49
75	75	environmental condition . 50
76	76
77	77	HB 847 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0847-00
83	83	Page 3 of 14
84	84	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
85	85
86	86
87	87
88	88	2. "Assessment" means the use of skilled observation or 51
89	89	the administration and interpretation of standardized or 52
90	90	nonstandardized tests and measurements to identify areas for 53
91	91	occupational therapy servic es. 54
92	92	3. "Health management" means therapeutic services designed 55
93	93	to develop, manage, and maintain health and wellness routines, 56
94	94	including self-management, performed with the goal of improving 57
95	95	or maintaining health to support participation in occupations. 58
96	96	4. "Instrumental activities of daily living" means daily 59
97	97	or routine activities a person must perform to live 60
98	98	independently within the home and community. 61
99	99	5. "Occupational performance" means the ability to 62
100	100	perceive, desire, recall, plan, and carry out ro les, routines, 63
101	101	tasks, and subtasks for the purpose of self -maintenance, self-64
102	102	preservation, productivity, leisure, and rest, for oneself or 65
103	103	for others, in response to internal or external demands of 66
104	104	occupations and contexts. 67
105	105	6. "Occupational therapy servi ces in mental health" means 68
106	106	occupation-based interventions and services for individuals, 69
107	107	groups, populations, families, or communities to improve 70
108	108	participation in daily occupations for individuals who are 71
109	109	experiencing, are in recovery from, or are identifi ed as being 72
110	110	at risk of developing mental health conditions. 73
111	111	7. "Occupations" means meaningful and purposeful everyday 74
112	112	activities performed and engaged in by individuals, groups, 75
113	113
114	114	HB 847 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0847-00
120	120	Page 4 of 14
121	121	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
122	122
123	123
124	124
125	125	populations, families, or communities which occur in contexts 76
126	126	and over time, such as activities of daily living, instrumental 77
127	127	activities of daily living, health management, rest and sleep, 78
128	128	education, work, play, leisure, and social participation. The 79
129	129	term includes more specific occupations and the execution of 80
130	130	multiple activities that are influenced by performance patterns, 81
131	131	performance skills, and client factors, and that result in 82
132	132	varied outcomes. 83
133	133	(b) The practice of occupational therapy includes services 84
134	134	include, but is are not limited to, the following services : 85
135	135	1. The Assessment, treatment, and education of or 86
136	136	consultation with individuals, groups, and populations whose 87
137	137	abilities to participate safely in occupations, including 88
138	138	activities of daily living, instrumental activities of daily 89
139	139	living, rest and sleep, education, wor k, play, leisure, and 90
140	140	social participation, are impaired or have been identified as 91
141	141	being at risk of impairment due to issues related to, but not 92
142	142	limited to, developmental deficiencies, the aging process, 93
143	143	learning disabilities, physical environment and soc iocultural 94
144	144	context, physical injury or disease, cognitive impairments, or 95
145	145	psychological and social disabilities the individual, family, or 96
146	146	other persons. 97
147	147	2. Methods or approaches used to determine abilities and 98
148	148	limitations related to performance of occupations, including, 99
149	149	but not limited to, the identification of physical, sensory, 100
150	150
151	151	HB 847 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0847-00
157	157	Page 5 of 14
158	158	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
159	159
160	160
161	161
162	162	cognitive, emotional, or social deficiencies Interventions 101
163	163	directed toward deve loping daily living skills, work readiness 102
164	164	or work performance, play skills or leisure capacities, or 103
165	165	enhancing educational performance skills . 104
166	166	3. Specific occupational therapy techniques used for 105
167	167	treatment which include, but are not limited to, training in 106
168	168	activities of daily living; environmental modification; 107
169	169	assessment of the need for the use of interventions such as the 108
170	170	design, fabrication, and application of orthotics or orthotic 109
171	171	devices; selecting, applying, and training in the use of 110
172	172	assistive technology and adaptive devices; sensory, motor, and 111
173	173	cognitive activities; therapeutic exercises; manual techniques; 112
174	174	physical agent modalities; and occupational therapy services in 113
175	175	mental health Providing for the development of: sensory -motor, 114
176	176	perceptual, or neuromuscular functioning; range of motion; or 115
177	177	emotional, motivational, cognitive, or psychosocial components 116
178	178	of performance. 117
179	179	118
180	180	These services may require assessment of the need for use of 119
181	181	interventions such as the design, development, adaptation, 120
182	182	application, or training in the use of assistive technology 121
183	183	devices; the design, fabrication, or application of 122
184	184	rehabilitative technology such as selected orthotic devices; 123
185	185	training in the use of assistive technology; orthotic or 124
186	186	prosthetic devices; the application of physical agent modalities 125
187	187
188	188	HB 847 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0847-00
194	194	Page 6 of 14
195	195	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
196	196
197	197
198	198
199	199	as an adjunct to or in preparation for purposeful activity; the 126
200	200	use of ergonomic principles; the adaptation of environments and 127
201	201	processes to enhance functional performance; or the promotion of 128
202	202	health and wellness. 129
203	203	(c) The use of devices subject to 21 C.F.R. s. 801.109 and 130
204	204	identified by the board is expressly prohibited except by an 131
205	205	occupational therapist or occupational therapy assistant who has 132
206	206	received training as specified by the board. The board shall 133
207	207	adopt rules to carry out the purpose of this provision. 134
208	208	Section 2. Subsection (2) of section 468.209, Florida 135
209	209	Statutes, is amended to read: 136
210	210	468.209 Requirements for licensure. — 137
211	211	(2) An applicant who has practiced as a state -licensed or 138
212	212	American Occupational Therapy Ass ociation-certified occupational 139
213	213	therapy assistant for 4 years and who, before prior to January 140
214	214	24, 1988, completed a minimum of 24 weeks 6 months of supervised 141
215	215	occupational-therapist-level fieldwork experience may take the 142
216	216	examination to be licensed as an occupational therapist without 143
217	217	meeting the educational requirements for occupational therapists 144
218	218	made otherwise applicable under paragraph (1)(b). 145
219	219	Section 3. Subsection (2) of section 468.215, Florida 146
220	220	Statutes, is amended to read: 147
221	221	468.215 Issuance of license.— 148
222	222	(2)(a) Any person who is issued a license as an 149
223	223	occupational therapist under the terms of this act may use the 150
224	224
225	225	HB 847 2022
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0847-00
231	231	Page 7 of 14
232	232	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
233	233
234	234
235	235
236	236	words "occupational therapist," "licensed occupational 151
237	237	therapist," or "occupational therapist registered," or he or she 152
238	238	may use the letters "O.T.," "L.O.T.," or "O.T.R.," in connection 153
239	239	with his or her name or place of business to denote his or her 154
240	240	registration hereunder. 155
241	241	(b) Any person who is issued a license as an occupational 156
242	242	therapist under the terms of this act and holds a doctora te 157
243	243	degree in occupational therapy may also use the words 158
244	244	"occupational therapist doctorate" and the letters "O.T.D." in 159
245	245	connection with his or her name or place of business to denote 160
246	246	his or her registration hereunder. 161
247	247	Section 4. Section 468.223, Florid a Statutes, is amended 162
248	248	to read: 163
249	249	468.223 Prohibitions; penalties. — 164
250	250	(1) A person may not: 165
251	251	(a) Practice occupational therapy unless such person is 166
252	252	licensed pursuant to ss. 468.201 -468.225; 167
253	253	(b) Use, in connection with his or her name or place of 168
254	254	business, the words "occupational therapist," "licensed 169
255	255	occupational therapist," "occupational therapist doctorate," 170
256	256	"occupational therapist registered," "occupational therapy 171
257	257	assistant," "licensed occupational therapy assistant," 172
258	258	"certified occupational therapy assistant"; the letters "O.T.," 173
259	259	"L.O.T.," "O.T.D.," "O.T.R.," "O.T.A.," "L.O.T.A.," or 174
260	260	"C.O.T.A."; or any other words, letters, abbreviations, or 175
261	261
262	262	HB 847 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0847-00
268	268	Page 8 of 14
269	269	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
270	270
271	271
272	272
273	273	insignia indicating or implying that he or she is an 176
274	274	occupational therapist or an occupational therapy assist ant or, 177
275	275	in any way, orally or in writing, in print or by sign, directly 178
276	276	or by implication, to represent himself or herself as an 179
277	277	occupational therapist or an occupational therapy assistant 180
278	278	unless the person is a holder of a valid license issued pursuant 181
279	279	to ss. 468.201-468.225; 182
280	280	(c) Present as his or her own the license of another; 183
281	281	(d) Knowingly give false or forged evidence to the board 184
282	282	or a member thereof; 185
283	283	(e) Use or attempt to use a license that which has been 186
284	284	suspended, revoked, or placed on inactiv e or delinquent status; 187
285	285	(f) Employ unlicensed persons to engage in the practice of 188
286	286	occupational therapy; or 189
287	287	(g) Conceal information relative to any violation of ss. 190
288	288	468.201-468.225. 191
289	289	(2) Any person who violates any provision of this section 192
290	290	commits a misdemeanor of the second degree, punishable as 193
291	291	provided in s. 775.082 or s. 775.083. 194
292	292	Section 5. Subsection (2) of section 468.225, Florida 195
293	293	Statutes, is amended, and paragraph (e) is added to subsection 196
294	294	(1) of that section, to read: 197
295	295	468.225 Exemptions.— 198
296	296	(1) Nothing in this act shall be construed as preventing 199
297	297	or restricting the practice, services, or activities of: 200
298	298
299	299	HB 847 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0847-00
305	305	Page 9 of 14
306	306	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
307	307
308	308
309	309
310	310	(e) Any person fulfilling an occupational therapy doctoral 201
311	311	capstone experience that involves clinical practice or projects. 202
312	312	To benefit from an exemption under this paragraph, a person must 203
313	313	register with the department in a manner determined by 204
314	314	department rule before commencing the capstone experience. 205
315	315	(2) No provision of this act shall be construed to 206
316	316	prohibit physicians, physician assistants, nurses, physical 207
317	317	therapists, osteopathic physicians or surgeons, clinical 208
318	318	psychologists, clinical social workers, marriage and family 209
319	319	therapists, mental health c ounselors, speech-language 210
320	320	pathologists, or audiologists from using occupational therapy as 211
321	321	a part of or incidental to their profession, when they practice 212
322	322	their profession under the statutes applicable to their 213
323	323	profession. 214
324	324	Section 6. Paragraph (b) of subsection (1) of section 215
325	325	490.014, Florida Statutes, is amended to read: 216
326	326	490.014 Exemptions. — 217
327	327	(1) 218
328	328	(b) No provision of this chapter shall be construed to 219
329	329	limit the practice of nursing, clinical social work, marriage 220
330	330	and family therapy, mental health counseling, occupational 221
331	331	therapy, or other recognized businesses or professions, or to 222
332	332	prevent qualified members of other professions from doing work 223
333	333	of a nature consistent with their training, so long as they do 224
334	334	not hold themselves out to the public as psychologists or use a 225
335	335
336	336	HB 847 2022
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0847-00
342	342	Page 10 of 14
343	343	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
344	344
345	345
346	346
347	347	title or description protected by this chapter. Nothing in this 226
348	348	subsection shall be construed to exempt any person from the 227
349	349	provisions of s. 490.012. 228
350	350	Section 7. Subsection (2) of section 491.014, Florida 229
351	351	Statutes, is amended to read: 230
352	352	491.014 Exemptions. — 231
353	353	(2) No provision of this chapter shall be construed to 232
354	354	limit the practice of nursing, school psychology, or psychology, 233
355	355	or occupational therapy, or to prevent qualified members of 234
356	356	other professions from doing work of a nature consistent with 235
357	357	their training and licensure, so long as they do not hold 236
358	358	themselves out to the public as possessing a license, 237
359	359	provisional license, registration, or certificate issued 238
360	360	pursuant to this chapter or use a title protected by this 239
361	361	chapter. 240
362	362	Section 8. For the purpose of incorporating the amendment 241
363	363	made by this act to section 490.014, Florida Sta tutes, in a 242
364	364	reference thereto, paragraph (c) of subsection (1) of section 243
365	365	490.012, Florida Statutes, is reenacted to read: 244
366	366	490.012 Violations; penalties; injunction. — 245
367	367	(1) 246
368	368	(c) No person shall hold herself or himself out by any 247
369	369	title or description inco rporating the words, or permutations of 248
370	370	them, "psychology," "psychological," or "psychodiagnostic," or 249
371	371	describe any test or report as psychological, unless such person 250
372	372
373	373	HB 847 2022
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0847-00
379	379	Page 11 of 14
380	380	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
381	381
382	382
383	383
384	384	holds a valid, active license under this chapter or is exempt 251
385	385	from the provisions of thi s chapter. 252
386	386	Section 9. Paragraph (b) of subsection (4) of section 253
387	387	1002.394, Florida Statutes, is amended to read: 254
388	388	1002.394 The Family Empowerment Scholarship Program. — 255
389	389	(4) AUTHORIZED USES OF PROGRAM FUNDS. — 256
390	390	(b) Program funds awarded to a student w ith a disability 257
391	391	determined eligible pursuant to paragraph (3)(b) may be used for 258
392	392	the following purposes: 259
393	393	1. Instructional materials, including digital devices, 260
394	394	digital periphery devices, and assistive technology devices that 261
395	395	allow a student to access in struction or instructional content 262
396	396	and training on the use of and maintenance agreements for these 263
397	397	devices. 264
398	398	2. Curriculum as defined in subsection (2). 265
399	399	3. Specialized services by approved providers or by a 266
400	400	hospital in this state which are selected by t he parent. These 267
401	401	specialized services may include, but are not limited to: 268
402	402	a. Applied behavior analysis services as provided in ss. 269
403	403	627.6686 and 641.31098. 270
404	404	b. Services provided by speech -language pathologists as 271
405	405	defined in s. 468.1125(8). 272
406	406	c. Occupational therapy services as defined in s. 468.203. 273
407	407	d. Services provided by physical therapists as defined in 274
408	408	s. 486.021(8). 275
409	409
410	410	HB 847 2022
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb0847-00
416	416	Page 12 of 14
417	417	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
418	418
419	419
420	420
421	421	e. Services provided by listening and spoken language 276
422	422	specialists and an appropriate acoustical environment for a 277
423	423	child who has a hearing impairment, including deafness, and who 278
424	424	has received an implant or assistive hearing device. 279
425	425	4. Tuition or fees associated with full -time or part-time 280
426	426	enrollment in a home education program, an eligible private 281
427	427	school, an eligible postsecondary ed ucational institution or a 282
428	428	program offered by the postsecondary educational institution, a 283
429	429	private tutoring program authorized under s. 1002.43, a virtual 284
430	430	program offered by a department -approved private online provider 285
431	431	that meets the provider qualificatio ns specified in s. 286
432	432	1002.45(2)(a), the Florida Virtual School as a private paying 287
433	433	student, or an approved online course offered pursuant to s. 288
434	434	1003.499 or s. 1004.0961. 289
435	435	5. Fees for nationally standardized, norm -referenced 290
436	436	achievement tests, Advanced Place ment Examinations, industry 291
437	437	certification examinations, assessments related to postsecondary 292
438	438	education, or other assessments. 293
439	439	6. Contributions to the Stanley G. Tate Florida Prepaid 294
440	440	College Program pursuant to s. 1009.98 or the Florida College 295
441	441	Savings Program pursuant to s. 1009.981 for the benefit of the 296
442	442	eligible student. 297
443	443	7. Contracted services provided by a public school or 298
444	444	school district, including classes. A student who receives 299
445	445	services under a contract under this paragraph is not considered 300
446	446
447	447	HB 847 2022
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb0847-00
453	453	Page 13 of 14
454	454	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
455	455
456	456
457	457
458	458	enrolled in a public school for eligibility purposes as 301
459	459	specified in subsection (6). 302
460	460	8. Tuition and fees for part -time tutoring services 303
461	461	provided by a person who holds a valid Florida educator's 304
462	462	certificate pursuant to s. 1012.56, a person who holds an 305
463	463	adjunct teaching certificate pursuant to s. 1012.57, a person 306
464	464	who has a bachelor's degree or a graduate degree in the subject 307
465	465	area in which instruction is given, a person who has 308
466	466	demonstrated a mastery of subject area knowledge pursuant to s. 309
467	467	1012.56(5), or a person certified by a nationally or 310
468	468	internationally recognized research -based training program as 311
469	469	approved by the department. As used in this paragraph, the term 312
470	470	"part-time tutoring services" does not qualify as regular school 313
471	471	attendance as defined in s. 100 3.01(13)(e). 314
472	472	9. Fees for specialized summer education programs. 315
473	473	10. Fees for specialized after -school education programs. 316
474	474	11. Transition services provided by job coaches. 317
475	475	12. Fees for an annual evaluation of educational progress 318
476	476	by a state-certified teacher under s. 1002.41(1)(f), if this 319
477	477	option is chosen for a home education student. 320
478	478	13. Tuition and fees associated with programs offered by 321
479	479	Voluntary Prekindergarten Education Program providers approved 322
480	480	pursuant to s. 1002.55 and scho ol readiness providers approved 323
481	481	pursuant to s. 1002.88. 324
482	482	14. Fees for services provided at a center that is a 325
483	483
484	484	HB 847 2022
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb0847-00
490	490	Page 14 of 14
491	491	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
492	492
493	493
494	494
495	495	member of the Professional Association of Therapeutic 326
496	496	Horsemanship International. 327
497	497	15. Fees for services provided by a therapist who is 328
498	498	certified by the Certification Board for Music Therapists or 329
499	499	credentialed by the Art Therapy Credentials Board, Inc. 330
500	500	Section 10. For the purpose of incorporating the amendment 331
501	501	made by this act to section 468.203, Florida Statutes, in a 332
502	502	reference thereto, parag raph (c) of subsection (2) of section 333
503	503	1002.66, Florida Statutes, is reenacted to read: 334
504	504	1002.66 Specialized instructional services for children 335
505	505	with disabilities.— 336
506	506	(2) The parent of a child who is eligible for the 337
507	507	prekindergarten program for children wi th disabilities may 338
508	508	select one or more specialized instructional services that are 339
509	509	consistent with the child's individual educational plan. These 340
510	510	specialized instructional services may include, but are not 341
511	511	limited to: 342
512	512	(c) Occupational therapy as defined in s. 468.203. 343
513	513	Section 11. This act shall take effect July 1, 2022. 344