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S.F. No. 3365 - Occupational Therapists and Occupational Therapy Assistants Licensure Modifications
Author: Senator Andrew Mathews
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: February 25, 2020


S.F. 3365 makes a number of technical, clarifying and conforming changes to the occupational therapy practitioner’s statutes.  In 2017. the regulatory authority for occupational therapy practitioners was moved from the commissioner of health to a newly formed Board of Occupational Therapy.  S.F. 3365 makes a number of changes that are related to this change and the creation of the new board and updating the licensure statute.

Sections 1 and 2 (148.6402) make clarifying changes to the definitions for contact hour and licensure by equivalency.

Sections 3 to 5 (148.6403) change references to occupational therapy practitioners when referring to both occupational therapists and occupational therapy assistants.

Section 6 (148.6404) updates scope of practice.

Section 7 (148.6405) clarifies that if a person is licensed in another jurisdiction and previously held a certification from the national Board for Certification in Occupational Therapy, the person may apply for licensure by reciprocity.  Makes other clarifying changes.

Section 8 (148.6412) updates language by removing a date reference.

Section 9 (148.6415) clarifies who is eligible for a licensee by reciprocity.

Section 10 (148.6418) specifies that supervision must occur no less than ten intervention days or every 30 days, whichever occurs first.  Makes other clarifying changes.

Sections 11 to 13 (148.6420) make minor clarifying changes to the licensure application process.  Obsolete language is removed.

Section 14 (148.6423) adds language converting the license renewal cycle to the licensee’s month of birth.

Section 15 (148.6425) makes clarifying changes.

Section 16 (148.6428) makes clarifying changes.

Section 17 (148.6430) makes clarifying changes.

Section 18 (148.6432) changes “treatment” to “intervention” and “proficiencies” to “service competency.”

Section 19 (148.6435) makes clarifying changes. Removes the requirement that requires the occupational therapist to communicate in writing with the appropriate health care professional about the occupational therapy plan of care within 14 days of the initiation of treatment even if treatment is concluded in less than 14 days.

Section 20 (148.6443) makes changes to the continuing education requirements.  Specifies the standards for determining qualified continuing education activities. Modifies the reporting form. Specifies when the continuing education requirements may be waived by the board. 

Section 21 (148.6445) Specifies the penalty for failing to submit a continuing education report.

Sections 22 and 23 (148.6448) change “treatment” to “intervention” and clarifies that the board must follow the procedures in chapter 214 when investigating complaints.

Section 24 repeals section 148.6402, subdivision 10 (definition of direct supervision); subdivision 15 (definition of occupational therapy); section 148.6412, subdivision 1 (certification before June 17, 1996); and a rule associated with the definition of occupational therapy.

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