revise the scope of practice for occupational therapy.

26.180.22 101st Legislative Session 1223

2026 South Dakota Legislature
House Bill 1223

Introduced by: Representative Heinemann

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An Act to revise the scope of practice for occupational therapy. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 36-31-1 be AMENDED: 3
36-31-1. Terms used in this chapter mean: 4
(1) "Board," the State Board of Medical and Osteopathic Examiners; 5
(2) "Instrument-assisted modalities," modalities that produce a biophysiological 6
response through the use of instruments or tools to target therapeutic treatment 7
to specific tissue, fascia, or muscle; 8
(3) "Occupational therapist," any person licensed to practice occupational therapy as 9
defined set forth in this chapter and whose license is in good standing; 10
(3) "Occupational therapy," the evaluation, planning and implementation of a program 11
of purposeful activities to develop or maintain adaptive skills necessary to achieve 12
the maximal physical and mental functioning of the individual in his or her daily 13
pursuits. The practice of occupational therapy includes consultation, evaluation, 14
and treatment of individuals whose abilities to cope with the tasks of living are 15
threatened or impaired by developmental deficits, the aging process, learning 16
disabilities, poverty and cultural differences, physical injury or disease, 17
psychological and social disabilities, or anticipated dysfunction. Occupational 18
therapy services include such treatment techniques as task -oriented activities to 19
prevent or correct physical or emotional deficits or to minimize the disabling effect 20
of these deficits in the life of the individual; such evaluation techniques as 21
assessment of sensory integration and motor abilities, assessment of development 22
of self-care and feeding, activities and capacity for independence, assessment of 23
the physical capacity for prevocational and work tasks, assessment of play and 24
leisure performance, and appraisal of living areas for the handicapped; physical 25
agent modalities limited to the upper extremities to enhance physical functional 26
26.180.22 2 1223
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performance, if certified in accordance with § 36-31-6; and specific occupational 1
therapy techniques such as activities of daily living skills, designing, fabricating, or 2
applying selected orthotic devices or selecting adaptive equipment, sensory 3
integration and motor activities, the use of specifically designed manual and 4
creative activities, specific exercises to enhance functional performance, and 5
treatment techniques for physical capabilities for work activities. Such techniques 6
are applied in the treatment of individual patients or clients, in groups, or through 7
social systems; 8
(4) "Occupational therapy aide," any person who assists in the practice of occupational 9
therapy under the direct supervision of an occupational therapist or occupational 10
therapy assistant; 11
(5) "Occupational therapy assistant," any person licensed to assist in the practice of 12
occupational therapy, under the supervision of or with the consultation of a licensed 13
an occupational therapist, and whose license is in good standing; and 14
(6) "Physical agent modalities and mechanical agents ," modalities that produce a 15
biophysiological response through the use of light, water, temperature, sound, or 16
electricity, or mechanical devices. Physical agent modalities include: 17
(a) Superficial thermal agents such as hydrotherapy/whirlpool, cryotherapy (cold 18
packs/ice), fluidotherapy, hot packs, paraffin, water, infrared, and other 19
commercially available superficial heating and cooling technologies; 20
(b) Deep thermal agents such as therapeutic ultrasound, phonophoresis, and other 21
commercially available technologies; 22
(c) Electrotherapeutic agents such as biofeedback, neuromuscular electrical 23
stimulation, functional electrical stimulation, transcutaneous electrical nerve 24
stimulation, electrical stimulation for tissue repair, high -voltage galvanic 25
stimulation, and iontophoresis and other commercially available technologies; and 26
(d) Mechanical devices such as vasopneumatic devices and CPM (continuous passive 27
motion): 28
(a) Superficial thermal, deep thermal, or electrotherapeutic agents; or 29
(b) Mechanical devices, vasopneumatic devices, or continuous passive motion 30
devices. 31
Section 2. That a NEW SECTION be added to chapter 36-31: 32
The practice of occupational therapy is the evaluation, planning, and 33
implementation of a program of purposeful activities to develop or maintain adaptive skills 34
26.180.22 3 1223
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necessary to achieve the maximal physical and mental functioning of an individual in the 1
individual's daily pursuits, and which involves: 2
(1) Consultation, evaluation, and treatment of individuals whose abilities to cope with 3
the tasks of living are threatened or impaired by developmental deficits, the aging 4
process, learning disabilities, poverty and cultural differences, physical injury or 5
disease, psychological and social difficulties, or anticipated dysfunction; 6
(2) Utilization of task-oriented activities as treatment techniques to prevent or correct 7
physical or emotional deficits, or to minimize the disabling effect of these deficits 8
in the life of the individual; 9
(3) Evaluation of the individual's: 10
(a) Sensory integration and motor abilities; 11
(b) Self-care and feeding; 12
(c) Activities and capacity for independence; 13
(d) Physical capacity for prevocational and work tasks; 14
(e) Play and leisure performance; and 15
(f) Living areas for the disabled; 16
(4) Physical and mechanical agents, and instrument -assisted modalities, to enhance 17
physical functional performance, if the licensee meets the requirements set forth 18
in section 5 or 6 of this Act, respectively; and 19
(5) The following specific occupational therapy techniques, applied in the treatment of 20
individual patients or clients, in groups, or through social systems: 21
(a) Using activities for daily living skills; 22
(b) Designing, fabricating, or applying selected orthotic devices or selecting 23
adaptive equipment; 24
(c) Integrating sensory and motor activities; 25
(d) Using manual and creative activities; 26
(e) Using exercises to enhance functional performance; and 27
(f) Addressing physical capabilities related to work activities. 28
Section 3. That § 36-31-4 be AMENDED: 29
36-31-4. Nothing in this chapter may be construed as preventing or restricting 30
the practice, services, or activities of: 31
(1) Any person licensed in this state by any other law from engaging in the profession 32
or occupation for which he the person is licensed; or 33
26.180.22 4 1223
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(2) Any person employed as an occupational therapist or occupational therapy 1
assistant by the government of the United States or any agency of it thereof, if 2
such the person provides occupational therapy solely under the direction or control 3
of the organization by which he is employed employer; or 4
(3) Any person pursuing a supervised course of study leading to a degree or certificate 5
in occupational therapy at an accredited or approved educational program, if the 6
person is designated by a title which that clearly indicates his the person's status 7
as a student or trainee; or 8
(4) Any person fulfilling the supervised fieldwork experience requirements of 9
subdivision § 36-31-6 (4), if the experience constitutes a part of the experience 10
necessary to meet the requirement of that section; or 11
(5) Any person employed as an occupational therapy aide; or 12
(6) Any person performing occupational therapy services in the state if these services 13
are performed for no more than ten days in a calendar year in association with an 14
occupational therapist licensed under this chapter, if: 15
(a) The person is licensed under the law of another state which that has 16
licensure requirements at least as stringent as the requirements of this 17
chapter,; or 18
(b) The person meets the requirements for certification as an occupational 19
therapist, or a registered or a certified occupational therapy assistant, 20
established by the American occupational therapy association Occupational 21
Therapy Association; or 22
(7) Any person when providing therapy as related services as defined in a student's 23
individualized educational plan, the therapy shall not be an activity and which 24
supplants or duplicates does not supplant or duplicate the educational instruction 25
program provided by the teaching profession. 26
Section 4. That § 36-31-6 be AMENDED: 27
36-31-6. Any applicant applying for a license as an occupational therapist or as 28
an occupational therapy assistant shall file a written application provided by the board, 29
showing and submit evidence, to the satisfaction of the board, that he meets the following 30
requirements the applicant: 31
(1) Residence: Applicant need not be a resident of this state; 32
(2) Character: Applicant shall beIs of good moral character; 33
(3) Education: Applicant shall present evidence satisfactory to the board of having 34
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(2) Has successfully completed the academic requirements of an educational program 1
in occupational therapy, recognized by the board: 2
(a) The occupational therapy educational program must be accredited by the 3
committee on allied health education and accreditation/American Medical 4
Association in collaboration with the American Occupational Therapy Association; 5
(b) The occupational therapy assistant educational program must be approved by the 6
American Occupational Therapy Association. 7
(4) Experience: Applicant shall submit to the board evidence of having , and which is 8
accredited by the Accreditation Council for Occupational Therapy Education; 9
(3) Has successfully completed a period of supervised fieldwork experience arranged 10
by the recognized educational institution where he the applicant met the academic 11
requirements or by the nationally recognized professional association, as follows: 12
(a) For an occupational therapist, a minimum of six months of supervised 13
fieldwork experience is required; or 14
(b) For an occupational therapy assistant, a minimum of two months of 15
supervised fieldwork experience is required.; and 16
(5)(4) Examination: An applicant for licensure as an occupational therapist or as an 17
occupational therapy assistant shall pass Has passed an examination approved by 18
the board upon recommendation by the occupational therapy committee; 19
(6) Certification: In order to apply physical agent modalities as defined in § 36-31-1, 20
an occupational therapist or occupational therapist assistant is qualified pursuant 21
to this subdivision, as follows: 22
(a) Has successfully completed twenty -five hours of American Occupational Therapy 23
Association or American Physical Therapy Association approved education covering 24
physical agent modalities and completed a supervised mentorship to include five 25
case studies on each class of modality to be incorporated into patient care; 26
(b) Is certified as a hand therapist by the Hand Therapy Certification commission or 27
other equivalent entity recognized by the board; or 28
(c) Has completed education during a basic occupational therapy educational program 29
that included demonstration of competencies on each class of the physical agent 30
modalities. 31
A supervising therapist or mentor may be a physical therapist, a certified hand therapist, 32
or an occupational therapist who has completed a supervised mentorship and has 33
five years of clinical experience utilizing each class of physical agent modalities; or 34
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an occupational therapist who has graduated from an occupational therapy 1
program whose curriculum includes physical agent modality education council. 2
Section 5. That a NEW SECTION be added to chapter 36-31: 3
In order to apply physical and mechanical agents, an occupational therapist or 4
occupational therapist assistant must demonstrate to the satisfaction of the board: 5
(1) Completion of: 6
(a) Twenty-five hours of education covering physical and mechanical agents, 7
approved by the American Occupational Therapy Association or American 8
Physical Therapy Association; and 9
(b) A supervised mentorship comprised of at least five case studies on each 10
class of agent to be incorporated into patient care; 11
(2) Certification as a hand therapist by the Hand Therapy Certification Commission or 12
other equivalent entity recognized by the board; or 13
(3) Completion of education during an entry -level occupational therapy educational 14
program that included a demonstration of competencies on each class of physical 15
and mechanical agents. 16
A supervising mentor may be a physical therapist, a certified hand therapist, an 17
occupational therapist who has completed a supervised mentorship and has five years of 18
clinical experience utilizing each class of physical and mechanical agent, or an occupational 19
therapist who has graduated from an occupational therapy program whose curriculum 20
included physical and mechanical agent education. 21
Section 6. That a NEW SECTION be added to chapter 36-31: 22
In order to apply an instrument -assisted modality, an occupational therapist or 23
occupational therapist assistant must demonstrate, to the satisfaction of the board, 24
completion of post -professional continuing education that included a demonstration of 25
competency for the instrument-assisted modality to be used. 26
Section 7. That § 36-31-7 be AMENDED: 27
36-31-7. The education requirements of subsection 36-31-6(3)(a) for an 28
occupational therapist, as set forth in § 36-31-6, are waived if the applicant: 29
(1) Has practiced as an occupational therapy assistant for four years; 30
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(2) Has completed the supervised fieldwork experience requirements of subsection 36-1
31-6(4)(a) for an occupational therapist, as set forth in § 36-31-6, before January 2
1, 1988; and 3
(3) Has passed the examination approved by the board for occupational therapists. 4
Section 8. That § 36-31-9 be AMENDED: 5
36-31-9. Any foreign -trained occupational therapist or occupational therapy 6
assistant shall satisfy the examination requirements of subdivision 36-31-6(5) § 36-31-6. 7
The board shall require foreign-trained applicants to furnish proof of good moral character 8
and completion of educational and supervised fieldwork requirements substantially equal 9
to those contained in § 36-31-6 before taking the examination. 10