Michigan 2025-2026 Regular Session

Michigan House Bill HB4104 Compare Versions

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

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1	1	HOUSE BILL NO. 4104 A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16345, 18301, and 18305 (MCL 333.16345, 333.18301, and 333.18305), as amended by 2008 PA 523, and by adding sections 18303a and 18303b. the people of the state of michigan enact:
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29	29	HOUSE BILL NO. 4104
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33	33	A bill to amend 1978 PA 368, entitled
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35	35	"Public health code,"
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37	37	by amending sections 16345, 18301, and 18305 (MCL 333.16345, 333.18301, and 333.18305), as amended by 2008 PA 523, and by adding sections 18303a and 18303b.
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39	39	the people of the state of michigan enact:
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41	41	1 2 Sec. 16345. (1) Fees for an individual licensed or seeking licensure to engage in the practice of occupational therapy, or to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 engage in practice as an occupational therapy assistant, under part 183 are as follows: (a) Application processing fee $ 20.00 (b) License fee, per year 75.00. (2) The fee for an individual seeking to hold a compact privilege under the occupational therapy licensure compact enacted in section 16188 is $75.00 per year. Sec. 18301. (1) As used in this part: (a) "Occupational therapy assistant" means an individual who is licensed under this article, or authorized under section 18303b, to engage in practice as an occupational therapy assistant. (b) "Occupational therapist" means an individual who is licensed under this article, or authorized under section 18303a, to engage in the practice of occupational therapy. (c) "Occupational therapy services" means those services provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers, and enable or improve performance in everyday activities, including, but not limited to, the following: (i) Establishment, remediation, or restoration of a skill or ability that is impaired or not yet developed. (ii) Compensation, modification, or adaptation of a person, activity, or environment. (iii) Evaluation of factors that affect activities of daily living, instrumental activities of daily living, and other activities relating to education, work, play, leisure, and social participation. Those factors include, but are not limited to, body functions, body structure, habits, routines, role performance, behavior patterns, sensory motor skills, cognitive skills, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 communication and interaction skills, and cultural, physical, psychosocial, spiritual, developmental, environmental, and socioeconomic contexts and activities that affect performance. (iv) Interventions and procedures, including, but not limited to, any of the following: (A) Task analysis and therapeutic use of occupations, exercises, and activities. (B) Training in self-care, self-management, home management, and community or work reintegration. (C) Development remediation, or compensation of client factors such as body functions and body structure. (D) Education and training. (E) Care coordination, case management, transition, and consultative services. (F) Modification of environments and adaptation processes such as the application of ergonomic and safety principles. (G) Assessment, design, fabrication, application, fitting, and training in rehabilitative and assistive technology, adaptive devices, and low temperature orthotic devices, and training in the use of prosthetic devices. For the purposes of this sub-subparagraph, the design and fabrication of low temperature orthotic devices does not include permanent orthotics. (H) Assessment, recommendation, and training in techniques to enhance safety, functional mobility, and community mobility such as wheelchair management and mobility. (I) Management of feeding, eating, and swallowing. (J) Application of physical agent modalities and use of a range of specific therapeutic procedures, including, but not limited to, techniques to enhance sensory-motor, perceptual, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 cognitive processing, manual therapy techniques, and adjunctive and preparatory activities. (K) Providing vision therapy services or low vision rehabilitation services, if those services are provided pursuant to a referral or prescription from, or under the supervision or comanagement of, a physician licensed under part 170 or 175 or an optometrist licensed under part 174. (d) "Practice as an occupational therapy assistant" means the practice of occupational therapy under the supervision of an occupational therapist licensed under this article. (e) "Practice of occupational therapy" means the therapeutic use of everyday life occupations and occupational therapy services to aid individuals or groups to participate in meaningful roles and situations in the home, school, workplace, community, and other settings, to promote health and wellness through research and practice, and to serve those individuals or groups who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. The practice of occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect a person's an individual's health, well-being, and quality of life throughout his or her the individual's life span. The practice of occupational therapy does not include any of the following: (i) The practice of medicine or osteopathic medicine and surgery or medical diagnosis or treatment. (ii) The practice of physical therapy. (iii) The practice of optometry. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part. Sec. 18303a. (1) An individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is authorized to engage in the practice of occupational therapy under this article. (2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapist, an individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is considered an occupational therapist who is licensed under this part. Sec. 18303b. (1) An individual who holds a compact privilege to practice occupational therapy under the occupational therapy licensure compact as an occupational therapy assistant is authorized to engage in the practice as an occupational therapy assistant under this article. (2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapy assistant, an individual who holds a compact privilege to practice occupational therapy as an occupational therapy assistant under the occupational therapy licensure compact is considered an occupational therapy assistant who is licensed under this part. Sec. 18305. (1) The Michigan board of occupational therapists is created in the department and shall consist of the following 9 voting members who shall must meet the requirements of part 161: 5 licensed occupational therapists and 4 public members, 1 of whom 1 2 3 4 5 6 7 8 9 10 11 12 13 14 shall be is a physician licensed under part 170 or 175. (2) The terms of office of individual members of the board created under this section, except those appointed to fill vacancies, expire 4 years after the appointment on December 31 of the year in which the term expires. (3) The board shall select the director to act as this state's delegate for purposes of the occupational therapy licensure compact. Enacting section 1. This amendatory act takes effect 1 year after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S00845'25) or House Bill No. 4103 (request no. H00845'25) of the 103rd Legislature is enacted into law.
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47	47	Sec. 16345. (1) Fees for an individual licensed or seeking licensure to engage in the practice of occupational therapy, or to
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107	107	engage in practice as an occupational therapy assistant, under part 183 are as follows:
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109	109	(a) Application processing fee $ 20.00
110	110	(b) License fee, per year 75.00.
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112	112	(a) Application processing fee
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118	118	(b) License fee, per year
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122	122	(2) The fee for an individual seeking to hold a compact privilege under the occupational therapy licensure compact enacted in section 16188 is $75.00 per year.
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124	124	Sec. 18301. (1) As used in this part:
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126	126	(a) "Occupational therapy assistant" means an individual who is licensed under this article, or authorized under section 18303b, to engage in practice as an occupational therapy assistant.
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128	128	(b) "Occupational therapist" means an individual who is licensed under this article, or authorized under section 18303a, to engage in the practice of occupational therapy.
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130	130	(c) "Occupational therapy services" means those services provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers, and enable or improve performance in everyday activities, including, but not limited to, the following:
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132	132	(i) Establishment, remediation, or restoration of a skill or ability that is impaired or not yet developed.
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134	134	(ii) Compensation, modification, or adaptation of a person, activity, or environment.
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136	136	(iii) Evaluation of factors that affect activities of daily living, instrumental activities of daily living, and other activities relating to education, work, play, leisure, and social participation. Those factors include, but are not limited to, body functions, body structure, habits, routines, role performance, behavior patterns, sensory motor skills, cognitive skills,
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196	196	communication and interaction skills, and cultural, physical, psychosocial, spiritual, developmental, environmental, and socioeconomic contexts and activities that affect performance.
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198	198	(iv) Interventions and procedures, including, but not limited to, any of the following:
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200	200	(A) Task analysis and therapeutic use of occupations, exercises, and activities.
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202	202	(B) Training in self-care, self-management, home management, and community or work reintegration.
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204	204	(C) Development remediation, or compensation of client factors such as body functions and body structure.
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206	206	(D) Education and training.
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208	208	(E) Care coordination, case management, transition, and consultative services.
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210	210	(F) Modification of environments and adaptation processes such as the application of ergonomic and safety principles.
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212	212	(G) Assessment, design, fabrication, application, fitting, and training in rehabilitative and assistive technology, adaptive devices, and low temperature orthotic devices, and training in the use of prosthetic devices. For the purposes of this sub-subparagraph, the design and fabrication of low temperature orthotic devices does not include permanent orthotics.
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214	214	(H) Assessment, recommendation, and training in techniques to enhance safety, functional mobility, and community mobility such as wheelchair management and mobility.
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216	216	(I) Management of feeding, eating, and swallowing.
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218	218	(J) Application of physical agent modalities and use of a range of specific therapeutic procedures, including, but not limited to, techniques to enhance sensory-motor, perceptual, and
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278	278	cognitive processing, manual therapy techniques, and adjunctive and preparatory activities.
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280	280	(K) Providing vision therapy services or low vision rehabilitation services, if those services are provided pursuant to a referral or prescription from, or under the supervision or comanagement of, a physician licensed under part 170 or 175 or an optometrist licensed under part 174.
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282	282	(d) "Practice as an occupational therapy assistant" means the practice of occupational therapy under the supervision of an occupational therapist licensed under this article.
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284	284	(e) "Practice of occupational therapy" means the therapeutic use of everyday life occupations and occupational therapy services to aid individuals or groups to participate in meaningful roles and situations in the home, school, workplace, community, and other settings, to promote health and wellness through research and practice, and to serve those individuals or groups who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. The practice of occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect a person's an individual's health, well-being, and quality of life throughout his or her the individual's life span. The practice of occupational therapy does not include any of the following:
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286	286	(i) The practice of medicine or osteopathic medicine and surgery or medical diagnosis or treatment.
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288	288	(ii) The practice of physical therapy.
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290	290	(iii) The practice of optometry.
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350	350	(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.
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352	352	Sec. 18303a. (1) An individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is authorized to engage in the practice of occupational therapy under this article.
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354	354	(2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapist, an individual who holds a compact privilege to practice occupational therapy as an occupational therapist under the occupational therapy licensure compact is considered an occupational therapist who is licensed under this part.
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356	356	Sec. 18303b. (1) An individual who holds a compact privilege to practice occupational therapy under the occupational therapy licensure compact as an occupational therapy assistant is authorized to engage in the practice as an occupational therapy assistant under this article.
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358	358	(2) For purposes of this article, including the obligations of an individual who is licensed as an occupational therapy assistant, an individual who holds a compact privilege to practice occupational therapy as an occupational therapy assistant under the occupational therapy licensure compact is considered an occupational therapy assistant who is licensed under this part.
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360	360	Sec. 18305. (1) The Michigan board of occupational therapists is created in the department and shall consist of the following 9 voting members who shall must meet the requirements of part 161: 5 licensed occupational therapists and 4 public members, 1 of whom
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390	390	shall be is a physician licensed under part 170 or 175.
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392	392	(2) The terms of office of individual members of the board created under this section, except those appointed to fill vacancies, expire 4 years after the appointment on December 31 of the year in which the term expires.
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394	394	(3) The board shall select the director to act as this state's delegate for purposes of the occupational therapy licensure compact.
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396	396	Enacting section 1. This amendatory act takes effect 1 year after the date it is enacted into law.
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398	398	Enacting section 2. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S00845'25) or House Bill No. 4103 (request no. H00845'25) of the 103rd Legislature is enacted into law.