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HB-4104, As Passed Senate, July 3, 2026
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SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4104
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16345, 18301, and 18305 (MCL 333.16345,
333.18301, and 333.18305), as amended by 2008 PA 523, and by adding
sections 18303a and 18303b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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Sec. 16345. (1) Fees for an individual licensed or seeking
licensure to engage in the practice of occupational therapy, or to
engage in practice as an occupational therapy assistant, under part
183 are as follows:
(a) Application processing fee $ 20.00
(b) License fee, per year
75.00.
(2) The fee for an individual seeking to hold a compact
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privilege under the occupational therapy licensure compact enacted
in section 16188 is $75.00 per year.
Sec. 18301. (1) As used in this part:
(a) "Occupational therapy assistant" means an individual who
is licensed under this article, or authorized under section 18303b,
to engage in practice as an occupational therapy assistant.
(b) "Occupational therapist" means an individual who is
licensed under this article, or authorized under section 18303a, to
engage in the practice of occupational therapy.
(c) "Occupational therapy services" means those services
provided to promote health and wellness, prevent disability,
preserve functional capabilities, prevent barriers, and enable or
improve performance in everyday activities, including, but not
limited to, the following:
(i) Establishment, remediation, or restoration of a skill or
ability that is impaired or not yet developed.
(ii) Compensation, modification, or adaptation of a person,
activity, or environment.
(iii) Evaluation of factors that affect activities of daily
living, instrumental activities of daily living, and other
activities relating to education, work, play, leisure, and social
participation. Those factors include, but are not limited to, body
functions, body structure, habits, routines, role performance,
behavior patterns, sensory motor skills, cognitive skills,
communication and interaction skills, and cultural, physical,
psychosocial, spiritual, developmental, environmental, and
socioeconomic contexts and activities that affect performance.
(iv) Interventions and procedures, including, but not limited
to, any of the following:
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(A) Task analysis and therapeutic use of occupations,
exercises, and activities.
(B) Training in self-care, self-management, home management,
and community or work reintegration.
(C) Development remediation, or compensation of client factors
such as body functions and body structure.
(D) Education and training.
(E) Care coordination, case management, transition, and
consultative services.
(F) Modification of environments and adaptation processes such
as the application of ergonomic and safety principles.
(G) Assessment, design, fabrication, application, fitting, and
training in rehabilitative and assistive technology, adaptive
devices, and low temperature orthotic devices, and training in the
use of prosthetic devices. For the purposes of this sub-
subparagraph, the design and fabrication of low temperature
orthotic devices does not include permanent orthotics.
(H) Assessment, recommendation, and training in techniques to
enhance safety, functional mobility, and community mobility such as
wheelchair management and mobility.
(I) Management of feeding, eating, and swallowing.
(J) Application of physical agent modalities and use of a
range of specific therapeutic procedures, including, but not
limited to, techniques to enhance sensory-motor, perceptual, and
cognitive processing, manual therapy techniques, and adjunctive and
preparatory activities.
(K) Providing vision therapy services or low vision
rehabilitation services, if those services are provided pursuant to
a referral or prescription from, or under the supervision or
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comanagement of, a physician licensed under part 170 or 175 or an
optometrist licensed under part 174.
(d) "Practice as an occupational therapy assistant" means the
practice of occupational therapy under the supervision of an
occupational therapist licensed under this article.
(e) "Practice of occupational therapy" means the therapeutic
use of everyday life occupations and occupational therapy services
to aid individuals or groups to participate in meaningful roles and
situations in the home, school, workplace, community, and other
settings, to promote health and wellness through research and
practice, and to serve those individuals or groups who have or are
at risk for developing an illness, injury, disease, disorder,
condition, impairment, disability, activity limitation, or
participation restriction. The practice of occupational therapy
addresses the physical, cognitive, psychosocial, sensory, and other
aspects of performance in a variety of contexts to support
engagement in everyday life activities that affect a person's an
individual's health, well-being, and quality of life throughout his
or her the individual's life span. The practice of occupational
therapy does not include any of the following:
(i) The practice of medicine or osteopathic medicine and
surgery or medical diagnosis or treatment.
(ii) The practice of physical therapy.
(iii) The practice of optometry.
(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction
applicable to all articles in this code and part 161 contains
definitions applicable to this part.
Sec. 18303a. (1) An individual who holds a compact privilege
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to practice occupational therapy as an occupational therapist under
the occupational therapy licensure compact is authorized to engage
in the practice of occupational therapy under this article.
(2) For purposes of this article, including the obligations of
an individual who is licensed as an occupational therapist, an
individual who holds a compact privilege to practice occupational
therapy as an occupational therapist under the occupational therapy
licensure compact is considered an occupational therapist who is
licensed under this part.
Sec. 18303b. (1) An individual who holds a compact privilege
to practice occupational therapy under the occupational therapy
licensure compact as an occupational therapy assistant is
authorized to engage in the practice as an occupational therapy
assistant under this article.
(2) For purposes of this article, including the obligations of
an individual who is licensed as an occupational therapy assistant,
an individual who holds a compact privilege to practice
occupational therapy as an occupational therapy assistant under the
occupational therapy licensure compact is considered an
occupational therapy assistant who is licensed under this part.
Sec. 18305. (1) The Michigan board of occupational therapists
is created in the department and shall consist of the following 9
voting members who shall must meet the requirements of part 161: 5
licensed occupational therapists and 4 public members, 1 of whom
shall be is a physician licensed under part 170 or 175.
(2) The terms of office of individual members of the board
created under this section, except those appointed to fill
vacancies, expire 4 years after the appointment on December 31 of
the year in which the term expires.
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(3) The board shall select the director to act as this state's
delegate for purposes of the occupational therapy licensure
compact.
Enacting section 1. This amendatory act takes effect 18 months
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4103 of the 103rd Legislature is enacted into
law.