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F I S C A L I M P A C T R E P O R T

SPONSOR Stewart

DATE TYPED 03/10/05 HB 79/aHCPAC

SHORT TITLE Expand Occupational Therapy Board

SB

ANALYST McSherry

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

See Narrative

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

LFC Files

Regulations and Licensing Department (RLD)

SUMMARY

Synopsis of HCPAC Amendment

House Consumer and Public Affairs Committee amendment to House Bill 79 removes the pur-

pose of “making the Occupational therapy Board an adjunct agency” portion of the bill, and re-

moves the sections of the act creating board’s powers and duties, the board’s administrative pro-

cedures, and the board’s fund.

Synopsis of Original Bill

House Bill 79 amends the description of occupational therapy services, expands the qualifica-

tions and definition of occupational therapy (OT). The bill changes the OT licensure require-

ments and the powers and duties of the licensing board. The definition of OT is amended to be

more broadly described and uses language that is more modernly accepted within the profession.

The definition of an OT assistant is amended to remove the certification component of profes-

sional recognition and maintains the licensure requirement. The definition of a registered occu-

pational therapist is removed because the bill provides for occupational therapist licensure rather

than registration.

House Bill 79/aHCPAC -- Page 2

Three sections are proposed to removed entirely: board scope of practice, administrative duties,

and creation of fund.

Significant Issues

RLD cites the following as a significant issue: (61-12A-4) which defines occupational therapy to

be more broad than previous language and establishes parameters for tasks delegated to unli-

censed OT aides or technicians; and exempts revenues collected from fines from being deposited

in the board’s fund. . Other identified changes cited by RLD is the new language added in Sec-

tion 61-12A-11.A.2(a) and (b) which refers to undefined “past standards.”

The deletion of the Board’s fund, and scope of practice are significant. Without a fund, the

board is not provided the ability to collect licensure funds,

PERFORMANCE IMPLICATIONS

There were no agency comments on performance implications resulting from this legislation.

FISCAL IMPLICATIONS

All board expenses are currently funded through board revenues. The intended outcome of re-

moving the board’s statutorily created fund is not known.

ADMINISTRATIVE IMPLICATIONS

The bill proposes to remove the administrative duties section of the bill.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This bill, similarly to House Bill 306, will extend the life of the board past 2006.

TECHNICAL ISSUES

RLD cites the bills’ addition of terms “incompetence,” and “past standards,” added to sections

61-12A-11.A, (4) and 61-12A-11.A (2) (a) and (b) respectively as technical issues because they

are not defined.

The term, “generally recognized past standards” and does not specify what previous standards

are to be recognized, or by whom they are recognized.

ALTERNATIVES

Alternatives to this bill have not been proposed by the board or RLD.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

If this bill is not enacted, the current board statute would remain unchanged; the board authority

would remain the same and the definition and scope of Occupational Therapy would remain the

same. Legislation to extend the life of the agency is included in HB306.

House Bill 79/aHCPAC -- Page 3

POSSIBLE QUESTIONS

1.

What criteria should be used to determine which boards and commissions should be ad-

ministratively attached to RLD. Currently the Nursing Board and Medical Board are in-

dependent, while the Pharmacy Board and Dental Board are administratively attached to

RLD.

2.

What is the intended definition of the terms “incompetence” and “generally recognized

past standards.”

EM/lg:yr