AB 2221

Bill Subjects

Abstract

Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of the practice of occupational therapy by the California Board of Occupational Therapy. Existing law defines the "practice of occupational therapy" and specifies that occupational therapy services encompass occupation therapy, assessment, treatment, education, and consultation with individuals referred for those services after diagnosis of a disease or disorder. Existing law prohibits a person from practicing occupational therapy without being licensed under the act and makes a violation of that prohibition a crime. This bill would instead define "occupational therapy" for purposes of the act, and would make conforming changes. The bill would also eliminate the reference to a referral after diagnosis in the description of occupational therapy services. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law defines the term "occupational therapist" and specifies that only the occupational therapist is responsible for the occupational therapy assessment of a client and the development of an occupational therapy plan of treatment. This bill would instead specify that the occupational therapist is responsible for and directs the evaluation process and develops the intervention plan. Existing law specifies that the Occupational Therapy Act does not authorize an occupational therapist to practice, among other things, physical therapy or psychology, as those terms are defined under specified law. This bill would additionally specify that the Occupational Therapy Act does not authorize an occupational therapist to practice marriage and family therapy, as that term is defined for purposes of the Licensed Marriage and Family Therapist Act, professional clinical counseling, as that term is defined for purposes of the Licensed Professional Clinical Counselor Act, clinical social work, as that term is defined for purposes of the Clinical Social Worker Practice Act, or educational psychology, as that term is defined for purposes of the Educational Psychologist Practice Act. Existing law requires the occupational therapy board to ensure proper supervision of occupational therapy assistants and aides and allows an occupational therapist to supervise no more than 2 occupational therapy assistants at any one time. Existing law provides for aides to be supervised by occupational therapists or occupational therapy assistants and defines the term "aide" for purposes of the act to mean an individual who provides supportive services to an occupational therapist. This bill would increase the number of occupational therapy assistants an occupational therapist may supervise to 3. This bill would also revise the definition of "aide" to conform to the authority for an aide to also be supervised by an occupational therapy assistant. The bill would specify that the occupational therapist is responsible for the overall use and actions of the aide. Existing law requires an occupational therapist providing hand therapy services or using physical agent modalities to demonstrate to the satisfaction of the board that he or she has completed post professional education and training in specified areas. This bill would eliminate the post professional limitation. Existing law requires an applicant for an occupational therapist license to, among other things, complete a specified educational program and pass a specified examination. Existing law requires the board to approve the examinations for licensure and also authorizes the board to adopt rules relating to professional conduct to carry out the purposes of the act. Existing law requires the curriculum for an educational program for occupational therapists to contain the content required or approved by specified organizations, and specifies a list of subjects that must be included in the program. This bill would delete that list of subjects. The bill would also authorize, rather than require, the board to approve licensure examinations and would authorize the board to adopt rules necessary to effectuate the purpose of the act. Existing law authorizes the board to establish and require the satisfactory completion of continuing competency requirements as a condition of renewal of a license. The bill would instead require the board to do so, and would authorize only a portion of continuing competence requirements to be fulfilled through competency assessment activities performed in the context of a broader professional development plan. The bill would also provide a definition for the term "continuing competence." Existing law prohibits a person from using specified professional abbreviations and terms intended to represent that the person is authorized to practice occupational therapy or assist in the practice of occupational therapy unless the person is licensed to practice as an occupational therapist or occupational therapy assistant. This bill would revise the list of abbreviations and terms that may not be used without a license. This bill would provide that an occupational therapist, or an occupational therapy assistant, that is serving as an educator in an education program for occupational therapists in California must be licensed. The bill would replace references to "patient" with "client" throughout the act and would enact other related provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.