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House approves bill allowing occupational therapists to prescribe durable medical equipment after failed attempt to send it back to committee
Summary
On Jan. 23, 2025 the state House approved House Bill 1016, which authorizes occupational therapists to prescribe durable medical equipment (DME). Lawmakers debated concerns about insurance reimbursement and stakeholder inclusion and voted down a motion to return the bill to second reading before adopting it on third reading.
House Bill 1016, which would authorize occupational therapists to prescribe durable medical equipment, was adopted by the House on third reading on Jan. 23, 2025.
The bill, introduced in the House by Representative Stuart Kaye, drew several rounds of floor debate about whether the measure should return to second reading so stakeholders — particularly the durable medical equipment (DME) provider community — could be further consulted. Representative Bradley moved to refer the bill back to second reading, arguing stakeholders had been left out of drafting and that reimbursement rules could leave patients with unexpected costs. “This bill needs to be referred back to seconds,” Bradley said on the floor.
Supporters of sending the bill back to committee emphasized the potential coverage gap if DME prescriptions required additional physician sign-off for reimbursement. Bradley said, “If OT's scribe durable medical equipment, and then they need a prescription signed by a doctor because durable medical equipment will not be covered, then we're putting patients in this roller coaster.” Opponents of the referral motion urged the House to move the measure forward rather than defer to the Senate, saying the House should finish its own work. Representative Bottoms said sending the bill to the Senate to be “cleaned up” would be “highly irresponsible.” Representative Kelty said an amendment discussed previously — adding a certification requirement — might address insurance concerns and recommended placing the amendment on second reading if the motion to refer were successful.
The motion to return House Bill 1016 to second reading failed on a recorded vote, 20 in favor, 41 opposed, 3 excused and 1 vacancy. The House then proceeded to adopt the bill on third reading and final passage. The final recorded vote on adoption was 45 in favor, 17 opposed, 2 excused and 1 vacancy. Mister Schiebel, the House clerk, opened and closed the voting machine for each roll-call count.
The debate on the floor centered on two discrete issues: stakeholder engagement (particularly the DME community’s participation) and whether the bill’s text adequately protected patients from out‑of‑pocket costs if insurers did not reimburse DME prescribed under the new scope of practice. The transcript records several requests for amendments or clarifications to address billing and certification language, but no floor amendment changed the outcome before final passage.
The bill’s title as read on the floor is: “House bill 1016 by Representative Stuart Kaye, also Senator Michael Cyginee, concerning authorizing an occupational therapist to prescribe durable medical equipment.”
Votes at the final tally were recorded and announced from the floor by Mister Schiebel. The House also recorded excused members and vacancies during the votes.
