Legislature(2025 - 2026)

2026-05-19 Senate Journal

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2026-05-19                     Senate Journal                      Page 2779
HB 173                                                                                                                        
CS FOR HOUSE BILL NO. 173(L&C) "An Act relating to                                                                              
occupational therapist licensure; relating to occupational therapy                                                              
assistant licensure; and relating to an occupational therapist licensure                                                        
compact" was read the second time.                                                                                              
                                                                                                                                

2026-05-19                     Senate Journal                      Page 2780
Senator Hoffman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 2593. Without objection, SENATE CS FOR CS FOR HOUSE                                                                        
BILL NO. 173(FIN) "An Act relating to occupational therapist                                                                    
licensure; relating to occupational therapy assistant licensure; relating                                                       
to an occupational therapist licensure compact; relating to an executive                                                        
administrator for the State Physical Therapy and Occupational                                                                   
Therapy Board; relating to physical therapist licensure; relating to                                                            
physical therapist assistant licensure; relating to audiologist licensure;                                                      
relating to speech-language pathologist licensure; and relating to                                                              
national criminal history record checks" was adopted.                                                                           
                                                                                                                                
Senator Bjorkman offered Amendment No. 1 :                                                                                       
                                                                                                                                
Page 3, following line 30:                                                                                                      
Insert a new bill section to read:                                                                                              
"* Sec. 6. AS 08.84 is amended by adding a new section to read:                                                               
Sec. 08.84.095. Scope of practice for occupational therapists and                                                             
occupational therapy assistants. (a) An occupational therapist may                                                            
provide occupational therapy to a person whose ability or opportunity                                                           
to participate in activities of daily living, play, leisure, or an                                                              
occupation is or may be limited or restricted because the person has or                                                         
is at risk of having an injury, disorder, impairment, or disability that                                                        
limits or restricts the person's ability to engage in an occupation or                                                          
other goal-oriented task or activity. The therapist may evaluate,                                                               
analyze, and diagnose the cause of the limitation or restriction and                                                            
intervene with occupational therapy to decrease or eliminate the cause,                                                         
help the person recover from or adjust to the limitation or restriction,                                                        
and restore the person's ability to engage in an occupation or other                                                            
goal-oriented task or activity.                                                                                                 
(b)  An occupational therapist may initiate and provide occupational                                                            
therapy, including therapy under (c) of this section, without a referral                                                        
from another provider of health care services.                                                                                  
(c)  The services an occupational therapist may provide to a person                                                             
include                                                                                                                         
(1)  treating a person's pain;                                                                                                  
(2)  habilitating, rehabilitating, and working with a person to adjust                                                          
physical, neuromusculoskeletal, cognitive, psychosocial, sensory-                                                               
perceptive, visual, or other aspects of performance in a variety of                                                             
contexts to improve or maintain the person's ability to engage in an                                                            

2026-05-19                     Senate Journal                      Page 2781
occupation or other goal-oriented task or activity, regardless of the                                                           
person's ability-related needs;                                                                                                 
(3)  evaluating and treating a person to promote, enhance, or restore                                                           
the person's ability to safely perform activities of daily living and                                                           
instrumental activities of daily living and safely engage in sleep, rest,                                                       
education, work, play, leisure, health management, and social                                                                   
participation;                                                                                                                  
(4)  administering, evaluating, and interpreting tests and measurements                                                         
of a person's bodily functions and structures;                                                                                  
(5)  establishing, remediating, preventing, or compensating for a                                                               
barrier to a person's performance skills; in this paragraph, a barrier to a                                                     
person's performance skills may include the person's bodily structures                                                          
and functions, habits, routines, roles, environmental and personal                                                              
factors, and physical, neuromusculoskeletal, cognitive, psychosocial,                                                           
sensory perception, communication, interaction, and pain management                                                             
skills;                                                                                                                         
(6)  managing a person's ability to eat, feed themselves, or swallow to                                                         
improve or maintain eating and feeding performance;                                                                             
(7)  designing, fabricating, applying, or ?tting assistive technology or                                                        
an adaptive or orthotic device;                                                                                                 
(8)  training a person to                                                                                                       
(A)  use assistive technology or an adaptive, orthotic, or prosthetic                                                           
device; and                                                                                                                     
(B)  manage the person's seating and positioning;                                                                               
(9)  adapting environments and assessing, recommending, and training                                                            
a person on the techniques the person may use to enhance the person's                                                           
functional and community mobility;                                                                                              
(10)  preventing pain and dysfunction, restoring function, or reversing                                                         
or arresting the progression of a pathology;                                                                                    
(11)  applying an adjunctive intervention or therapeutic procedure to                                                           
prepare for or use with occupation-based activities; in this paragraph,                                                         
"adjunctive intervention or therapeutic procedure" includes a thermal,                                                          
mechanical, electrophysical, or instrument-assisted treatment                                                                   
modality, wound care, and manual therapy; and                                                                                   
(12)  promoting a person's good physical and mental health and                                                                  
wellness, regardless of the person's ability-related needs.                                                                     
(d)  An occupational therapist may allow an occupational therapy                                                                
assistant to assist with or administer occupational therapy that the                                                            
occupational therapy assistant is professionally competent to assist                                                            
with or administer, including assessing a patient in an evaluation                                                              

2026-05-19                     Senate Journal                      Page 2782
delegated to the occupational therapy assistant and preparing reports                                                           
on the assessment for the occupational therapist. The occupational                                                              
therapist shall supervise the occupational therapy assistant when acting                                                        
under this subsection.                                                                                                          
(e)  In this section, "health" means a person's physical or mental                                                              
health."                                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 29, following line 3:                                                                                                      
Insert new bill sections to read:                                                                                               
"* Sec. 9. AS 08.84.190(3) is amended to read:                                                                                
(3)  "occupational therapy" means [, FOR COMPENSATION,] the use                                                                 
of purposeful activity, evaluation, treatment, and consultation with                                                            
persons [HUMAN BEINGS] whose ability to cope with the tasks of                                                              
daily living are threatened with [,] or impaired by developmental                                                               
deficits, learning disabilities, aging, poverty, cultural differences,                                                          
physical injury or illness, or psychological and social disabilities to                                                         
maximize independence, prevent disability, and maintain health;                                                                 
["OCCUPATIONAL THERAPY" INCLUDES                                                                                                
(A)  DEVELOPING DAILY LIVING, PLAY, LEISURE, SOCIAL,                                                                            
AND DEVELOPMENTAL SKILLS;                                                                                                       
(B)  FACILITATING PERCEPTUAL-MOTOR AND SENSORY                                                                                  
INTERGRATIVE FUNCTIONING;                                                                                                       
(C)  ENHANCING FUNCTIONAL PERFORMANCE,                                                                                          
PREVOCATIONAL SKILLS, AND WORK CAPABILITIES USING                                                                               
SPECIFICALLY DESIGNED EXERCISES, THERAPEUTIC                                                                                    
ACTIVITIES AND MEASURES, MANUAL INTERVENTION,                                                                                   
AND APPLIANCES;                                                                                                                 
(D)  DESIGN, FABRICATION, AND APPLICATION OF SPLINTS                                                                            
OR SELECTIVE ADAPTIVE EQUIPMENT;                                                                                                
(E)  ADMINISTERING AND INTERPRETING STANDARDIZED                                                                                
AND NONSTANDARDIZED ASSESSMENTS, INCLUDING                                                                                      
SENSORY, MANUAL MUSCLE, AND RANGE OF MOTION                                                                                     
ASSESSMENTS, NECESSARY FOR PLANNING EFFECTIVE                                                                                   
TREATMENT; AND                                                                                                                  
(F)  ADAPTING ENVIRONMENTS FOR THE DISABLED;]                                                                                   
   * Sec. 10. AS 08.84.190(4) is amended to read:                                                                             
(4)  "occupational therapy assistant" means a person who, [ASSISTS                                                          
IN THE PRACTICE OF OCCUPATIONAL THERAPY] under the                                                                              

2026-05-19                     Senate Journal                      Page 2783
supervision of a licensed [AN] occupational therapist, administers or                                                   
assists with administering occupational therapy;                                                                            
   * Sec. 11. AS 08.84.190 is amended by adding a new paragraph to                                                            
read:                                                                                                                           
(8)  "test and measurement" includes imaging, electrodiagnostic and                                                             
electrophysiological methods or techniques, and other methods or                                                                
techniques generally accepted by the physical therapist or occupational                                                         
therapist professions in the state for use in obtaining information about                                                       
a patient in order to administer therapy."                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Bjorkman moved for the adoption of Amendment No. 1.                                                                     
Objections were heard and withdrawn. There being no further                                                                     
objection, Amendment No. 1 was adopted.