Tennessee Occupational Therapy Licensure Bill Summary
Section 1: Defines Occupational Therapy as the following: Occupational Therapy is the application of occupation, any activity in which one engages for evaluation, diagnosis, and treatment of problems interfering with functional performance in persons impaired by physical illness or injury, emotional disorder, congenital or developmental disability, or the aging process in order to achieve optimum functioning and for prevention and health maintenance. Specific occupational therapy services include, but are not limited to, activities of daily living (ADL); the design, fabrication, and application of splints; sensorimotor activities; the use of specifically designed crafts; guidance in the selection and use of adaptive equipment; therapeutic activities to enhance functional performance; prevocational evaluation and training; and consultation concerning the adaptation of physical environments for the handicapped. These services are provided to individuals or groups through medical, health, educational, and social systems and for the maintenance of health through these systems.
This section also defines "Occupational Therapist", Occupational Therapy Assistant", "Board’, "Association", and "Person".
Section 2: States that one must be licensed according to this act in order to call themselves an Occupational Therapist in the state of Tennessee.
Section 3: Concerns the creation of the licensure board. The Board will be composed of 5 members appointed by the Governor. Three O.T.’s, 1 O.T.A., and 1 from the general public either a doctor or a person with interests in the rights of health service consumers.
The terms include: three year, staggered terms of office with vacancies appointed by the Governor. The board is attached to the division of health-related licensure, as defined in Tennessee Code Annotated, Section 53-101, for administrative purposes. Meetings of the board are open to the public except the executive sessions to approve exams and to respond to written requests of an exam failure.
Section 4: Rules and regulations by the board are according to Tennessee Code Annotated Title 4, Chapter 5.
Section 5: Further defines the powers and duties of the board including the following; make an annual report to the Governor or appropriate state agency, establish standards for examiners and to employ a national examination for O.T.’s and O.T.A.’s and to issue certificates of fitness to the State Licensing Board for the Healing Arts.
Section 6: Discusses the requirements of the applicant including the following: good moral character, completed academic requirements of an O.T. program recognized by the board, successfully completed fieldwork experience, and pass the examinations.
*AOTA will be drafting the new COTA provisions.
Section 7: The process of how to apply for licensure is provided including covering the knowledge necessary to practice O.T. and to approve the examination and establish an acceptable performance level for O.T.’s and O.T.A.’s.
Section 8: This section includes those excluded from the licensure; licensed therapists from other states, present practitioners, and the "Grandfather" clause.
Section 9: Outlines registration and renewal of the license.
Section 10: Assures that licensure of O.T.’s will not be used to keep people out.
Section 11: Outlines the conditions of suspending or denying a license including unprofessional conduct. A hearing must be conducted according to Tennessee Code Annotated. Also includes requirements for a reinstatement.
Section 12: Includes a description of the fees, stating that they shall be sufficient to provide for the total costs of this act.
Section 13: All fees and monies that are paid to the state treasurer will become part of a general fund. Members of the board are to receive compensation for travel expenses per state regulations via the general fund.
Section 14: Discussed prohibited acts persenvancy the profession of ‘Occupational Therapy". They are not allowed the use of titles, words, or abbreviations indicating that one is licensed to practice O.T.
Section 15: Unconstitutionality of any part and what will become of the valid parts.
Section 16: Effective date.