HB 72 — OCCUPATIONAL THERAPY SCOPE OF PRACTICE

HOUSE BILL 72 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED BY Elizabeth "Liz" Thomson 6 8 FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE 10 AN ACT RELATING TO PROFESSIONAL LICENSURE;

145 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 "61-12A-3.

DEFINITIONS.--As used in the Occupational w l n d 18 Therapy Act:

= = 19 A.

"board" means the board of examiners for a l i a e r 20 occupational therapy;

a t m m 21 B.

"censure" means a formal expression of d r e 22 disapproval that is publicly announced;

c e s k 23 C.

"denial of license" means that a person is e a n b 24 barred from becoming licensed to practice in accordance with u [ the provisions of the Occupational Therapy Act either .211554.1 indefinitely or for a certain period;

"occupational therapist" means a person who holds an active license to practice occupational therapy in New Mexico in accordance with board rulesrules; ;

"occupational therapy" means the therapeutic use of occupations, including everyday life activities with persons [or] across the life span, including groups, populations HB 72 Page 1 or organizations, to [participate] enhance or enable participation, performance or function in roles, [and situations] habits and routines in home, school, workplace, community and other settingssettings. [to promote ].

Occupational therapy services are provided for habilitation, rehabilitation and the promotion of health and wellness [in] to those clients who have or are at risk for developing an illness, injury, e e 17 disease, disorder, condition, impairment, disability, activity e e n d 18 limitation or participation restriction.

"Occupational = = l ] 19 therapy" includes addressing the physical, cognitive, a l r i 20 psychosocial, [sensory ] sensory-perceptual and other aspects of t e a t performance in a variety of contexts and environments to m m 21 e d r e 22 support [a client's ] engagement in [everyday life activities] c e r c 23 occupations that affect physical and mental health, well-being e a n b 24 and quality of life.

[G.] Occupational therapy [aide or u [ technician" means an unlicensed person who assists in .211554.1 - 2 - occupational therapy, who works under direct supervision of an occupational therapist or occupational therapy assistant] uses everyday life activities to promote mental health and support functioning in people with or at risk of experiencing a range of mental health disorders, including psychiatric, behavioral, 6 emotional and substance abuse disorders;

[H.] G.

"occupational therapy assistant" means a person having no less than an associate degree in occupational therapy and holding an active license to practice occupational therapy in New Mexico who assists [an ] in the practice of occupational [therapist] therapy under the supervision of the occupational therapist in accordance with board rulesrules; ;

[I.] H.

"person" means an individual, association, HB 72 Page 2 partnership, unincorporated organization or corporate body;

[J.] I.

"probation" means that continued licensure is subject to fulfillment of specified conditions such as e e 17 monitoring, education, supervision or counseling;

e e n d 18 [K.] J.

"reprimand" means a formal expression of = = l ] 19 disapproval that is retained in the licensee's file but not a l r i 20 publicly announced;

t e a t [L.] K.

"revocation" means permanent loss of m m 21 e d r e 22 licensure;

and c e r c 23 [M.] L.

"suspension" means the loss of licensure e a n b 24 for a certain period, after which the person may be required to u [ apply for reinstatement." .211554.1 - 3 - SECTION 2.

OCCUPATIONAL THERAPY SERVICES.--The practice of occupational therapy [servicesincludes include:the following processes and services:

selectedevaluation strategiesof tofactors directaffecting theall processareas of interventions,occupation, suchincluding as:activities of daily living, instrumental activities of daily living, rest and sleep, education, work, productivity, play, leisure and social participation;

(1) establishment, remediation or restoration of a skill or ability that has not yet developed or is impaired;

(2) compensation, modification or adaptation of activity or environment to enhance performance;

(3) maintenance and enhancement of capabilities without which performance in everyday life activities would decline;

(4) health promotion and wellness to enable enhanced performance in everyday life activities;

and e e 17 (5) prevention of barriers to performance, e e n d 18 including disability prevention] includes the following = = l ] 19 processes and services:

a l r i 20 [B.] A.

evaluation of factors affecting all areas t e a t of occupation, including activities of daily living, m m 21 e d r e 22 instrumental activities of daily living, rest and sleep , c e r c 23 education, work, productivity , play, leisure and social e a n b 24 participation;

u [ (1) client factors, including neuromuscular, .211554.1 - 4 - sensory, visual, [perceptual and ] mental, cognitive [functions] and pain factors and body structures, including cardiovascular, digestive, HB 72 Page 3 integumentary and genitourinary systems and structures related to movement;

[and ] B.

design, implementation and modification of therapeutic interventions, including the following activities related to selection of intervention strategies to direct the e e 17 process of interventions:

e e n d 18 (1) establishment, remediation or restoration = = l ] 19 of a skill or ability that has not yet developed, is impaired a l r i 20 or is in decline;