IOTA, Inc.Legislative & Reimbursement Committee

Frequently Asked Questions (FAQ’s) about OT Licensure in Indiana

Q:  What is different from the state regulation we did have (certification) and licensure?

A:  We moved from title protection law to a practice protection law. The new law is HEA 1821. 

Q:  What is my “scope of practice” now?

A:  The definition of OT in the previous statute is now the scope of practice.  The OT committee of the Indiana Medical Licensing Board will be developing rules and regulations to provide specific description about what this definition allows for Indiana OT practitioners (OTs and OTAs). The definition from the previous statute (which is now the scope) is: “The practice of occupational therapy means the functional assessment of learning and performance skills and the analysis, selection, and adaptation of exercises or equipmentfor a person whose abilities to perform the requirements of daily living are threatenedor impaired by physical injury or disease, mental illness, a developmental deficit, the agingprocess or learning disability. The term consists primarily of the following functions:planning and directing exercises and programs to improve sensory-integrationand motor functioning at a level of performance neurologically appropriate for a person’s stage of development (2) analyzing, selecting, and adapting functional exercises to achieve and maintain a person’s optimal functioning in daily living tasks and to prevent further disability.”  Section 61 p.41 

Q:  Do we need to have a physician referral to deliver all OT services?

A:  NO.  There are areas of Occupational Therapy practice that do not require a referral by law. However, if the payer requires a physician order, the practitioner will need to obtain a referral.          

The areas that occupational therapists do not need a referral are:

· “ Ergonomics

·   Home Assessments

·   Injury or Illness Prevention Education and Wellness services

·   OT activities provided in an educational setting  OT activities that the Medical Licensing Board determines, after reviewing the     recommendations of the OT Committee  are appropriate to be conducted in a community-based environment.”Section 66 p.44 

Except for services listed above #3, an occupational therapist must seek a referral from one of the following  professionals to initiate services: physicians, psychologists, podiatrists, chiropractors or advance nurse practitioners. 

Q:  Do I begin to use the credential “L” after my name in documentation?

A:  No.  The OT Committee will be discussing the credential to be used and will inform practitioners what should be used with their documentation thru the promulgation of rules. 

Q:  Will we be receiving “licenses” from the Professional Licensing Agency soon?

A:  No.  Those OTs certified before June 30, 2007 will not receive new licenses until renewal period Oct-Nov 2008.  OTAs will receive new certificates at that time. Persons applying and receiving initial licenses/certifications beginning  July 1, 2007 will receive a license/certificate.  

 Q:  Are we required to have continuing education ?

A:  The law requires that occupational therapy practitioners (therapists & assistants) demonstrate continuing competence in order to renew the license (for therapists) or certificate (for assistants).  The specifics of this have not been determined yet.  The OT Committee will be developing the continuing competency program and recommending its acceptance to the Indiana Medical Licensing Board.  It was the intention of IOTA to allow for this competency program not to be additional program for those who are participating in other continuing competency/CE programs (NBCOT, HTCC, etc.) but to be used for both programs. Therefore, what practitioners are using for one program, they can use for both.                                                                                                                                 Section 63 p. 42 

Q:  Will our licenses cost more than our certification?

A:  No.  The current renewal fee is currently $100.  We understand this will remain the same.  However, duplicate licenses will increase from $10 to $25. 

Q:  Why were occupational therapy assistants not licensed and remained certified?

A:  Senator Patricia Miller (R-Indpls) had strong opinions about assistants not being licensed and took the language out of the Senate version of the bill.  The language passed in the House version.  She said the State of Indiana does not license assistants. The examples given were  PT, Speech, nursing, and physician assistants. 

Q: When did the law become effective?

A:  The law became effective July 1, 2007. However, therapists and assistants already certified will not renew until November of 2008 (given our biannual renewals just occurred).

 Q:  Do OT practitioners that are working in First Steps need to obtain a physician’s order, given it is “community-based practice”?

A:  The payer for services many times dictate whether there is a physician’s order. First Steps is the payer of last resort so other sources of funding are accessed before First Steps and a physicians order is needed to access those funds. Many areas of practice are in the community  (i.e. Home Health) yet the payer (Medicare, Medicaid, WC,  commercial insurance ) still requires a physician order.     

Q:  Why are optometrists not explicitly identified as a referral source for OT in the statute? 

A:   During the legislative 2007 session, IOTA asked that optometrists be added as a referral source in the section that identified who can refer to OT. Our lobbyist advised us against our doing this (showing bias to a particular profession) but suggested the Optometry Association approach us like the others did. They never sought out our lobbyist to be included.  Their members are disappointed that their association lobbyist and Executive Director did not do this. We have asked this to be considered by the OT Committee of the Indiana Medical Licensing Board as they promulgate the rules and regulations.  

 Q:  How many OT practitioners (OTAs and OTs) certified or licensed does Indiana have? 

A:   This number changes constantly. There were approximately 3,300 in January 2007.