Consumer Protection for Wheeled Mobility

EDITORS NOTE: The Memphis Center for Independent Living DOES NOT ENDORSE OR SUPPORT the following proposed Tennessee Legislation. We only provide it here for the consideration of our consumers.

AMEND Senate Bill No. 1023 House Bill No. 669*

by deleting all of the language after the enacting clause and by substituting instead the following:

SECTION 1. This act shall be known and may be cited as the “Consumer Protection Act for Wheeled Mobility”.

SECTION 2. Tennessee Code Annotated, Section 68-11-201, is amended by adding the following new items thereto to be appropriately designated:

( ) “Assistive technology supplier (ATS)” means service providers involved in the sale and service of commercially available wheeled mobility devices;
( ) “Assistive technology practitioner (ATP)” means service providers primarily involved in evaluating the consumer’s needs and training in use of a prescribed wheeled mobility device;
( ) “Credentialed Wheeled Mobility Person” means an individual who has appropriately obtained the designation of ATS or ATP, meeting all requirements thereof, as established by the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), or an individual who has met the following requirements:
( ) Provide documentation to prove completion of at least fifteen (15) hours of continuing education within the twelve (12) months immediately prior to July 1, 2004, and all other subsequent years thereafter by June 30, in the field of seating and wheeled mobility, which may include, but is not limited to, the following:
( ) courses by health care professionals,
( ) courses by health care associations,
( ) courses by a college or university,
( ) courses by manufacturers,
( ) in-service training by manufacturers, or
( ) attendance at symposiums or conferences.
( ) Provide proof of at least one year experience in the field of rehabilitation technology; 
( ) Provide three recommendations from health care professionals licensed under Title 63 who can attest to the rehabilitation skills of the provider; and
( ) Adopt the RESNA code of ethics
( ) “Evaluation” means the determination and documentation of the physiological and functional factors that impact the selection of an appropriate seating and wheeled mobility device; and
( ) “Wheeled Mobility Device” means a wheelchair or wheelchair and seated positioning system prescribed by a physician and required for use by the patient for a period of six months or more. The following Medicare wheelchair base codes are exempt: K0001, K0002, K0003, K0004, and K0006.

SECTION 3. Tennessee Code Annotated, Section 68-11-226, is amended by adding the following language as new subsection (d):
(d) (1) On and after July 1, 2004, all home care organizations providing prescribed wheeled mobility devices in this state shall have on staff a credentialed wheeled mobility person.
(2) Starting July 1, 2004, home care organizations shall obtain a complete written evaluation and recommendation by a credentialed wheeled mobility person or physical therapist (PT) or occupational therapist (OT) for recipients of designated prescribed wheeled mobility devices.
(3) On and after January 1, 2007, any home care organization providing prescribed wheeled mobility devices, modifications, repairs or seating systems in this state shall have on staff an Assistive Technology Supplier (ATS) as certified by RESNA or an Assistive Technology Practitioner (ATP) as certified by RESNA. 
(4) A home care organization is exempt from subsection (3) if on July 1, 2004 it employs a person with ten (10) or more years of experience in the sale of mobility and rehabilitation seating and positioning systems. 

SECTION 4. This act shall take effect July 1, 2003, the public welfare requiring it.