Part XII.
Texas Board of Occupational Therapy Examiners
Chapter 365.
Types of Licenses
40 TAC §365.1
The Texas Board of Occupational Therapy Examiners proposes
the following amendments to §365.1 of its rules concerning Types of Licenses.
The proposed amendments eliminate superfluous cross-reference language and
reflect changes currently proposed for §367.1, Continuing Education.
John P. Maline, executive director, Executive Council of Physical Therapy
& Occupational Therapy Examiners, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering this rule.
Mr. Maline has also determined that for each year of the first five years
the rule is in effect the benefit anticipated as a result of enforcing the
rule will be greater administrative efficiency and a reduction in confusing
terminology. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendments may be submitted to Kathy Fiorillo,
coordinator of OT program licensing, Executive Council of Physical Therapy
& Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin,
Texas 78701
These amendments are proposed under the Occupational Therapy
Practice Act (Article 8851, Texas Revised Civil Statutes Annotated), which
provides the Texas Board of Occupational Therapy Examiners with authority
to adopt rules consistent with the Act.
No other statute, article or code will be affected by these proposed amendments.
§365.1.Types of Licenses
(a)
The board issues three types of licenses: a regular license,
a temporary license, and a provisional license.
(b)
Regular License:
(1)
A regular license may be issued to an applicant who has
met the academic requirements and passed the Examination, submitted a complete
application with the required fees and now meets at least one of the following
criteria:
(A)
The applicant passed the Examination within the 12 months
immediately before the receipt date of current, complete application for licensure
with TBOTE; or
(B)
The applicant has a current, valid license to practice
as an OTR, LOT, COTA or LOTA in another state, the District of Columbia, or
a territory of the United States that has licensing requirements that are
substantially equivalent to the requirements of the Texas Occupational Therapy
Practice Act, and has been employed as an OTR, LOT, COTA or LOTA in that jurisdiction
within five years from the receipt date of current, complete application for
licensure with TBOTE; or
(C)
The applicant has been employed as an OTR, LOT, COTA or
LOTA within the past six months of the receipt date of current, complete application
for licensure with TBOTE in a non-licensing state, foreign country, or state
or federal government facility which does not require a license or other form
of registration; or
(D)
The applicant has been employed as an OTR, LOT, COTA or
LOTA within five years of the receipt date of current, complete application
for licensure with TBOTE.
(i)
Previous OT employment may be in Texas, another state,
a foreign country, or state or federal government facility which does not
require a license or other form of registration.
(ii)
Applicants returning to practice shall complete extra
hours of continuing education within a specified period of time as determined
by the Coordinator of the Occupational Therapy Program. [
(2)
The regular license is valid from the date
of issuance until the last day of the applicant's next birth month. If the
applicant's birth month is within 90 days after the license is issued, the
license will be valid until the last day of the following birth month[
(c)
Temporary License.
(1)
There are two types of temporary licenses.
(A)
Temporary License Pending Examination--The applicant meets
all the qualifications for a license except taking the first available Examination
after completion of all educational requirements. Continuing supervision by
a licensed OTR or LOT is required while holding this type of license. The
temporary license expires upon notification to the board of failure to pass
the Examination and must be returned to the board. No second temporary licenses
are issued after failure of the Examination. The Application Review Committee
may allow a second temporary license to an individual who failed to take the
Examination for which he or she was registered, if there are documented extraordinary
circumstances that prevented the individual from taking the Examination.
(B)
[
(2)
The board may issue a regular license upon receipt
of satisfactory evidence that the applicant has passed the Examination. The
regular license will be valid until the end of the licensee's first birth
month after the expiration of the temporary license. The exception for licenses
issued within 90 days of the licensee's birth month (described in subsection
(b)(2) of this section) does not apply in this case.
(d)
Provisional License.
(1)
If an applicant for a regular license under subsection
(b)(1)(B), (C) or (D) of this section is unable to provide complete documentation
that he or she meets the qualification for a regular license, the board may
issue a provisional license.
(A)
The applicant must provide satisfactory interim documentation,
including evidence of having passed the Examination.
(B)
The provisional license will be valid for not more than
120 days.
(2)
Upon receipt of full documentation the board
may issue a regular license. In that case, the regular license will be valid
until the end of the licensee's first birth month after the expiration of
the provisional license. The exception for licenses issued within 90 days
of the licensee's birth month (described in subsection (b)(2) of this section)
does not apply in this case.
(3)
The applicant must be sponsored by and practice with
a person licensed by the board under this Act.
(4)
An applicant may be excused from paragraph (3) of
this subsection if it constitutes a hardship to the applicant. A request for
hardship exemption must be submitted in writing to the board.
(e)
An application for a regular, temporary, or provisional
license will be referred to the Application Review Committee whenever additional
information, investigation, or study of the application is warranted.
(f)
An applicant educated in Occupational Therapy outside the
United States of America or its territories may be issued a temporary license,
not to exceed a duration of nine months, upon approval from NBCOT that the
applicant has met all the requirements to sit for the next available Examination.
(g)
An applicant who passed the Examination more than 12 months
before the receipt date of current, complete application for licensure with
TBOTE and who has not practiced as an OTR, LOT, COTA or LOTA during that time
will be referred to the Application Review Committee.
(h)
Any licensee holding a temporary, provisional, or regular
license who continues to practice as an OT, OTA, OTR, LOT, COTA or LOTA after
the expiration of his or her license will be subject to disciplinary action
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 16, 1999.
TRD-9904292
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-6962
40 TAC §366.1
The Texas Board of Occupational Therapy Examiners proposes
the following amendments to §366.1, concerning Application for License.
The proposed amendments eliminate superfluous cross-reference language.
John P. Maline, executive director, Executive Council of Physical Therapy
& Occupational Therapy Examiners, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering this rule.
Mr. Maline has also determined that for each year of the first five years
the rule is in effect the benefit anticipated as a result of enforcing the
rule will be greater administrative efficiency and a reduction in confusing
terminology. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendments may be submitted to Kathy Fiorillo,
coordinator of OT program licensing, Executive Council of Physical Therapy
& Occupational Therapy Examiners, 333 Guadalupe St., Suite 2-510, Austin,
TX 78701
These amendments are proposed under the Occupational Therapy
Practice Act (Article 8851, Tex. Rev. Civ. Stat. Ann.), which provides the
Texas Board of Occupational Therapy Examiners with authority to adopt rules
consistent with the Act.
No other statute, article or code will be affected by these proposed amendments.
§366.1.Application for License
(a)
Individuals wishing to obtain an application for licensure
can phone, fax, write or e-mail the board.
(b)
Upon receipt of a request for application, the applicant
will be sent a complete application packet containing an instruction sheet,
application form, and any other information required by the board.
(c)
An individual who makes application to the board
later than one year
[
(d)
A license may be issued upon receipt of a complete application
, payment of the required fee, and demonstration of compliance with all applicable
state laws and board rules.
[
(e)
Licensees are responsible for knowledge of Texas Civil
Statutes, Article 8851, the Occupational Therapy Practice Act, and the Texas
Board of Occupational Therapy Examiners' rules.
(f)
All applicants must complete and return a board-prepared
jurisprudence examination [
(1)
A passing score on the jurisprudence examination will be
noted in the application file, and the test will be returned to the applicant
upon issuance of a license.
(2)
A failing score on the jurisprudence examination will
be noted in the application file and a new test will be sent to the applicant
to complete. Once a passing score on the jurisprudence examination is achieved,
that will be noted in the application file and the test will be returned to
the applicant upon issuance of a license.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
16, 1999.
TRD-9904293
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-6962
40 TAC §367.1
The Texas Board of Occupational Therapy Examiners proposes
the following amendments to §367.1, concerning Continuing Education.
The proposed amendments add an audit procedure to test compliance with the
rules, clarify the kinds of activities/courses accepted by the Board, simplify
the calculation of credits, and eliminate superfluous cross-reference language.
John P. Maline, executive director, Executive Council of Physical Therapy
& Occupational Therapy Examiners, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering this rule.
Mr. Maline has also determined that for each year of the first five years
the rule is in effect the benefit anticipated as a result of enforcing the
rule will be greater administrative efficiency and a reduction in confusing
terminology. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendments may be submitted to Kathy Fiorillo,
coordinator of OT program licensing, Executive Council of Physical Therapy
& Occupational Therapy Examiners, 333 Guadalupe St., Suite 2-510, Austin,
TX 78701
These amendments are proposed under the Occupational Therapy
Practice Act (Article 8851, Tex. Rev. Civ. Stat. Ann.), which provides the
Texas Board of Occupational Therapy Examiners with authority to adopt rules
consistent with the Act.
No other statute, article or code will be affected by these proposed amendments.
§367.1.Continuing Education.
(a)
The Act, §5(A), mandates licensee participation in
a continuing education program for license renewal. All continuing education
must be directly relevant to the profession of occupational therapy.
The licensee is solely responsible for keeping accurate documentation of all
continuing education requirements. The Executive Council staff will conduct,
at least yearly, an audit of a randomly drawn sample of licensees to determine
compliance with continuing education rules. Failure to maintain accurate documentation,
or failure to respond to a request to submit documentation for an audit, may
result in disciplinary action by the board. The audit results will be reported
to the board.
(b)
Licensees must complete 30 [
(c)
A minimum of 15 hours of continuing education must be in
skills relevant to occupational therapy practice with patients or clients.
This requirement is effective beginning with licenses due for renewal in January
2000.
[
Record of attendance/verification
for all continuing education must be submitted to the board, on the board
approved Continuing Education Record Card, with the biennial annual application
for license renewal.]
(d)
[
(1)
Attendance at workshops, refresher courses,
in-services,
professional conferences, seminars, or facility based continuing education
programs. Hour for hour credit on program content only. No maximum;
(2)
Presentations by Licensee:
(A)
Professional presentations, e.g., in-services, workshops,
institutes (any presentation counted only one time). Hour for hour credit.
10 hours maximum
[
(B)
Community/service organization presentations (any presentation
counted only one time). Hour for hour credit. Four hours maximum;
(3)
Formal academic coursework:
(A)
one or two
[
(B)
three or four
[
(4)
AOTA Self Study Series: Hour for hour credit
based on the number of hours awarded by AOTA for each course.
(Any course
can be counted only once per licensee.) No maximum;
[
(5)
Development of publications,
media materials or research/grant activities. A request to receive credit
for this category must be submitted in writing to the Coordinator of Occupational
Therapy no later than 60 days before the current license expiration date.
(Any publication, media materials, or research or grant activities can be
counted only once per licensee). 10 hours;
[
Other continuing education:
Publications/Media; or research/grant activities. A request to receive credit
for this category must be submitted in writing for approval to the Coordinator
of Occupational Therapy a minimum of 60 days prior to the expiration of the
license. If warranted, the request may be reviewed by the Continuing Education
Committee for final approval.]
(6)
First Aid and cardiopulmonary resuscitation training
, either initial instruction or refresher training,
can only be submitted
for continuing education once per licensee; [
(7)
Home study courses, Internet-based
courses, and videotape instruction: A request to receive credit for this category
must be submitted in writing to the Coordinator of Occupational Therapy no
later than 60 days before the current license expiration date. The request
must include the course title, the number of hours required for completion,
the sponsoring group, and a description of its direct relevance to the occupational
therapy profession. (Any course or videotape can be counted only once per
licensee). No maximum;
(e)
[
(f)
[
[
Record of Attendance/Verification
- actual proof of participation in, the continuing education activity(ies)shall
be documented by submission of a Continuing Education Record Card.]
[
The Continuing Education Record Card must contain
the title of the presentation, the presenter(s), the dates attended, the number
of contact hours received, and a signature by the presenter, workshop coordinator,
supervisor, or training coordinator verifying attendance at the stated continuing
education activity(ies) for the renewal year.]
[
A licensee listing himself/herself as the presenter
of a continuing education program must obtain the signature of the workshop
coordinator, supervisor, or training coordinator.]
[
For formal academic coursework, an official
transcript or grade report must be submitted at renewal.]
[
Contact hour - equals
one clock hour of attendance.]
[
CEU - formal Continuing
Education Unit. Usually one (1.0) CEU equals ten contact hours.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
16, 1999.
TRD-9904294
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-6962
Such hours are
in addition to those required by Chapter 367 of this title (relating to Continuing
Education).
]
in the next year. For example: If the license is issued in January 1997, and
the applicant's birthday is in March, the license will be valid until March
1998. On the other hand, if the license is issued in January 1997 and the
applicant's birthday is in July, the license will be valid until July 1997
].
Temporary
] Extended
Temporary
License
--The applicant has passed the Examination and has not been employed as an
OTR, LOT, COTA or LOTA for five years or more from the receipt date of current,
complete application for licensure with TBOTE. A temporary license is issued
for a maximum of 12 months, during which time the Examination must be taken.
The temporary license will be canceled if the applicant fails the Examination
and must be returned to the board. The continuing supervision by a licensed
OTR or LOT is required, and the licensee shall complete additional hours of
continuing education within a specified period of time as determined by the
Coordinator of the Occupational Therapy Program.
(refer to §374.1 of this title (relating to Disciplinary Actions))
].
Chapter 366.
Application for License
in excess of 12 months
] after passing
the NBCOT certification examination may need to meet additional continuing
education requirements during the first year of licensure.
(refer to §362.1 of this title
(relating to Definitions)) and payment of the prescribed fee (refer to §375.1
of this title (relating to Fees)) and §651.1 of the rules of the Executive
Council of Physical Therapy and Occupational Therapy Examiners, Title 22,
Part XXVIII (concerning Fees) and upon meeting applicable requirements (refer
to §364.1 of this title (relating to Requirements for Licensure)).
]
(as defined in §362.1 of this title (relating
to Definitions))
]. The test will be scored by TBOTE staff. At least
70% of questions must be answered correctly
in order to achieve a passing
score
.
Chapter 367.
Continuing Education
contact
] hours of
continuing education
every two years. These requirements must be met
before the month the license is expected to be renewed.
[
each
biennial renewal. Thirty contact hours of continuing education must be obtained
in the 24 months immediately preceding the renewal month.
]
(d)
(e)
] Continuing education
credit
[
hours
] may be earned in the following manner:
No maximum
];
one-two
] credit hour
class -
2 continuing education hours
[
7.5 contact hours
];
three-four
] credit
hour class -
4 continuing education hours
[
15 contact hours
];
A copy of
the self study completion certificate must accompany the Continuing Education
Record Card at renewal;
]
(5)
Journal reading is not acceptable
for continuing education credit.
]
(f)
] Any deviation from the above
continuing education categories will be reviewed on a case by case basis by
the Coordinator of Occupational Therapy or by the Continuing Education Committee.
A request for special consideration must be submitted in writing a minimum
of 60 days prior to expiration of the license.
The request must include
a description of the activity/course, the sponsoring group, its direct relevance
to the occupational therapy profession, and the number of hours to complete
it.
(g)
] Definitions for continuing
education rules.
Continuing education documentation includes, but is
not limited to, final official transcripts, AOTA self-study completion certificates,
copies of official sign-in or attendance sheets, and official correspondence
from the Executive Council or board approving requested credits.
(1)
(A)
(B)
(C)
(2)
(3)
Chapter 371.
Inactive/Retiree Status