65-5418.Construction of occupational therapypractice act and practice of occupational therapy.(a) Nothing in the occupational therapy practice act is intended to limit,preclude or otherwise interfere with the practices of other health careproviders formally trained and licensed, registered, credentialed or certifiedby appropriate agencies of the state of Kansas.
(b) The practice of occupational therapy shall not be construed to includethe following:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of andunder the supervision of an occupational therapist who is licensed under thisact;
(4) any person employed as an occupational therapist or occupational therapyassistant by the government of the United States or any agency thereof, if suchperson practices occupational therapy solely under the direction or control ofthe organization by which such person is employed;
(5) licensees under the healing arts act when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto a delegation authorized under subsection (g) of K.S.A. 65-2872 andamendments thereto;
(6) dentists practicing their professions, when licensed and practicing inaccordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124and amendments thereto;
(8) health care providers who have been formally trained and are practicingin accordance with the training or have received specific training in one ormore functions included in the occupational therapy practice act pursuant toestablished educational protocols, or both;
(9) any person pursuing a supervised course of study leading to a degree orcertificate in occupational therapy at an accredited or approved educationalprogram, if the person is designated by the title which clearly indicates suchperson's status as a student or trainee;
(10) any person fulfilling the supervised fieldwork experience requirementsas part of the experience necessary to meet the requirement of the occupationaltherapy practice act;
(11) self-care by a patient or gratuitous care by a friend or family memberwho does not represent or hold oneself out to the public to be anoccupational therapist or an occupational therapy assistant;
(12) optometrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(13) podiatrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(14) physical therapists practicing their profession when licensed andpracticing in accordance with K.S.A. 65-2901 et seq.and amendments thereto;
(15) physician assistants practicing their profession when licensed andpracticing in accordance with the physician assistant licensure act;
(16) athletic trainers practicing their profession whenlicensed and practicing in accordance with the athletic trainers licensure act;
(17) manufacturers of prosthetic devices;
(18) any person performing occupational therapy services, if these servicesare performed for no more than 45 days in a calendar year in association withan occupational therapist licensed under the occupational therapy practice actso long as (A) the person is registered or licensed under the laws of anotherstate which has licensure requirements at least as stringent as the licensurerequirements of this act, or (B) the person meets the requirements forcertification as an occupational therapist registered (OTR) or a certifiedoccupational therapy assistant (COTA) established by the national board forcertification in occupational therapy (NBCOT).
(c) Any patient monitoring, assessment or other procedures designed toevaluate the effectiveness of prescribed occupational therapy must be performedby or pursuant to the delegation of a licensed occupational therapist or otherhealth care provider.
(d) Education related therapy services provided by an occupational therapistto school systems or consultation regarding prevention, ergonomics and wellnesswithin the occupational therapy scope of practice shall not require a referral,supervision, order or direction of a physician, a licensed podiatrist, alicensed dentist or a licensed optometrist. However, when in the course ofproviding such services an occupational therapist reasonably believes that anindividual may have an underlying injury, illness, disease, disorder orimpairment, the occupational therapist shall refer the individual to aphysician, a licensed podiatrist, a licensed dentist or a licensed optometrist,as appropriate.
(e) Nothing in the occupational therapy practice act shall be construed topermit the practice of medicine and surgery. No statute granting authority tolicensees of the state board of healing arts shall be construed to conferauthority upon occupational therapists to engage in any activity not conferredby the occupational therapy practice act.
(f) This section shall be part of and supplemental to the occupationaltherapy practice act.
History: L. 2002, ch. 203, § 13;L. 2003, ch. 128, § 27;L. 2004, ch. 24, § 13; July 1.
65-5418.Construction of occupational therapypractice act and practice of occupational therapy.(a) Nothing in the occupational therapy practice act is intended to limit,preclude or otherwise interfere with the practices of other health careproviders formally trained and licensed, registered, credentialed or certifiedby appropriate agencies of the state of Kansas.
(b) The practice of occupational therapy shall not be construed to includethe following:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of andunder the supervision of an occupational therapist who is licensed under thisact;
(4) any person employed as an occupational therapist or occupational therapyassistant by the government of the United States or any agency thereof, if suchperson practices occupational therapy solely under the direction or control ofthe organization by which such person is employed;
(5) licensees under the healing arts act when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto a delegation authorized under subsection (g) of K.S.A. 65-2872 andamendments thereto;
(6) dentists practicing their professions, when licensed and practicing inaccordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124and amendments thereto;
(8) health care providers who have been formally trained and are practicingin accordance with the training or have received specific training in one ormore functions included in the occupational therapy practice act pursuant toestablished educational protocols, or both;
(9) any person pursuing a supervised course of study leading to a degree orcertificate in occupational therapy at an accredited or approved educationalprogram, if the person is designated by the title which clearly indicates suchperson's status as a student or trainee;
(10) any person fulfilling the supervised fieldwork experience requirementsas part of the experience necessary to meet the requirement of the occupationaltherapy practice act;
(11) self-care by a patient or gratuitous care by a friend or family memberwho does not represent or hold oneself out to the public to be anoccupational therapist or an occupational therapy assistant;
(12) optometrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(13) podiatrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(14) physical therapists practicing their profession when licensed andpracticing in accordance with K.S.A. 65-2901 et seq.and amendments thereto;
(15) physician assistants practicing their profession when licensed andpracticing in accordance with the physician assistant licensure act;
(16) athletic trainers practicing their profession whenlicensed and practicing in accordance with the athletic trainers licensure act;
(17) manufacturers of prosthetic devices;
(18) any person performing occupational therapy services, if these servicesare performed for no more than 45 days in a calendar year in association withan occupational therapist licensed under the occupational therapy practice actso long as (A) the person is registered or licensed under the laws of anotherstate which has licensure requirements at least as stringent as the licensurerequirements of this act, or (B) the person meets the requirements forcertification as an occupational therapist registered (OTR) or a certifiedoccupational therapy assistant (COTA) established by the national board forcertification in occupational therapy (NBCOT).
(c) Any patient monitoring, assessment or other procedures designed toevaluate the effectiveness of prescribed occupational therapy must be performedby or pursuant to the delegation of a licensed occupational therapist or otherhealth care provider.
(d) Education related therapy services provided by an occupational therapistto school systems or consultation regarding prevention, ergonomics and wellnesswithin the occupational therapy scope of practice shall not require a referral,supervision, order or direction of a physician, a licensed podiatrist, alicensed dentist or a licensed optometrist. However, when in the course ofproviding such services an occupational therapist reasonably believes that anindividual may have an underlying injury, illness, disease, disorder orimpairment, the occupational therapist shall refer the individual to aphysician, a licensed podiatrist, a licensed dentist or a licensed optometrist,as appropriate.
(e) Nothing in the occupational therapy practice act shall be construed topermit the practice of medicine and surgery. No statute granting authority tolicensees of the state board of healing arts shall be construed to conferauthority upon occupational therapists to engage in any activity not conferredby the occupational therapy practice act.
(f) This section shall be part of and supplemental to the occupationaltherapy practice act.
History: L. 2002, ch. 203, § 13;L. 2003, ch. 128, § 27;L. 2004, ch. 24, § 13; July 1.
65-5418.Construction of occupational therapypractice act and practice of occupational therapy.(a) Nothing in the occupational therapy practice act is intended to limit,preclude or otherwise interfere with the practices of other health careproviders formally trained and licensed, registered, credentialed or certifiedby appropriate agencies of the state of Kansas.
(b) The practice of occupational therapy shall not be construed to includethe following:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of andunder the supervision of an occupational therapist who is licensed under thisact;
(4) any person employed as an occupational therapist or occupational therapyassistant by the government of the United States or any agency thereof, if suchperson practices occupational therapy solely under the direction or control ofthe organization by which such person is employed;
(5) licensees under the healing arts act when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto a delegation authorized under subsection (g) of K.S.A. 65-2872 andamendments thereto;
(6) dentists practicing their professions, when licensed and practicing inaccordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing inaccordance with the provisions of law or persons performing services pursuantto the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124and amendments thereto;
(8) health care providers who have been formally trained and are practicingin accordance with the training or have received specific training in one ormore functions included in the occupational therapy practice act pursuant toestablished educational protocols, or both;
(9) any person pursuing a supervised course of study leading to a degree orcertificate in occupational therapy at an accredited or approved educationalprogram, if the person is designated by the title which clearly indicates suchperson's status as a student or trainee;
(10) any person fulfilling the supervised fieldwork experience requirementsas part of the experience necessary to meet the requirement of the occupationaltherapy practice act;
(11) self-care by a patient or gratuitous care by a friend or family memberwho does not represent or hold oneself out to the public to be anoccupational therapist or an occupational therapy assistant;
(12) optometrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(13) podiatrists practicing their profession when licensed and practicing inaccordance with the provisions of article 15 of chapter 65 of the KansasStatutes Annotated and amendments thereto;
(14) physical therapists practicing their profession when licensed andpracticing in accordance with K.S.A. 65-2901 et seq.and amendments thereto;
(15) physician assistants practicing their profession when licensed andpracticing in accordance with the physician assistant licensure act;
(16) athletic trainers practicing their profession whenlicensed and practicing in accordance with the athletic trainers licensure act;
(17) manufacturers of prosthetic devices;
(18) any person performing occupational therapy services, if these servicesare performed for no more than 45 days in a calendar year in association withan occupational therapist licensed under the occupational therapy practice actso long as (A) the person is registered or licensed under the laws of anotherstate which has licensure requirements at least as stringent as the licensurerequirements of this act, or (B) the person meets the requirements forcertification as an occupational therapist registered (OTR) or a certifiedoccupational therapy assistant (COTA) established by the national board forcertification in occupational therapy (NBCOT).
(c) Any patient monitoring, assessment or other procedures designed toevaluate the effectiveness of prescribed occupational therapy must be performedby or pursuant to the delegation of a licensed occupational therapist or otherhealth care provider.
(d) Education related therapy services provided by an occupational therapistto school systems or consultation regarding prevention, ergonomics and wellnesswithin the occupational therapy scope of practice shall not require a referral,supervision, order or direction of a physician, a licensed podiatrist, alicensed dentist or a licensed optometrist. However, when in the course ofproviding such services an occupational therapist reasonably believes that anindividual may have an underlying injury, illness, disease, disorder orimpairment, the occupational therapist shall refer the individual to aphysician, a licensed podiatrist, a licensed dentist or a licensed optometrist,as appropriate.
(e) Nothing in the occupational therapy practice act shall be construed topermit the practice of medicine and surgery. No statute granting authority tolicensees of the state board of healing arts shall be construed to conferauthority upon occupational therapists to engage in any activity not conferredby the occupational therapy practice act.
(f) This section shall be part of and supplemental to the occupationaltherapy practice act.
History: L. 2002, ch. 203, § 13;L. 2003, ch. 128, § 27;L. 2004, ch. 24, § 13; July 1.
