Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §362.1, concerning Definitions. The amendment will add
definitions for terms which are used in the rules, but which are not defined.
The new definition is added for Endorsement, a term used in licensing.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and 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 the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of terms used in the OT rules. 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 rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§362.1.Definitions.
The following words, terms, and phrases, when used in this part, shall
have the following meaning, unless the context clearly indicates otherwise.
(1)
Act--The Occupational Therapy Practice Act, Texas Civil
Statutes, Article 8851.
(2)
AOTA--American Occupational Therapy Association.
(3)
Applicant--A person who applies for a license to the Texas
Board of Occupational Therapy Examiners.
(4)
Application Review Committee--Reviews and makes recommendations
to the board concerning applications which require special consideration.
(5)
Board--The Texas Board of Occupational Therapy Examiners
(TBOTE).
(6)
Certified Occupational Therapy Assistant (COTA)--An alternate
term for a Licensed Occupational Therapy Assistant. An individual who uses
this term must hold a regular or provisional license to practice or represent
self as an occupational therapy assistant in Texas and must practice under
the general supervision of an OTR or LOT. An individual who uses this term
is responsible for ensuring that he or she is otherwise qualified to use it.
(7)
Class A Misdemeanor--An individual adjudged guilty of a
Class A misdemeanor shall be punished by:
(A)
a fine not to exceed $3,000;
(B)
confinement in jail for a term not to exceed one year;
or
(C)
both such fine and imprisonment (Vernon's Texas Codes Annotated,
Penal Code, §12.21).
(8)
Close Personal Supervision--Implies direct, on-site contact
whereby the supervising OTR, LOT, COTA or LOTA is able to respond immediately
to the needs of the patient.
(9)
Complete Application--Notarized application form with photograph,
license fee, jurisprudence examination with at least 70% of questions answered
correctly and all other required documents.
(10)
Complete Renewal--Contains renewal fee, home/work address(es)
and phone number(s), jurisprudence examination with at least 70% of questions
answered correctly and supervision log (if applicable).
(11)
Consultation--The provision of occupational therapy expertise
to an individual or institution. This service may be provided on a one time
only basis or on an ongoing basis.
(12)
Continuing Education Committee--Reviews and makes recommendations
to the board concerning continuing education requirements and special consideration
requests.
(13)
Continuing Supervision, OT--Includes, at a minimum, the
following:
(A)
Frequent communication between the supervising OTR or LOT
and the temporary licensee by telephone, written report or conference, including
the review of progress of patients/clients assigned to the OT.
(B)
Face-to-face encounters twice a month where the OTR or
LOT directly observes the temporary licensee providing OT services to one
or more patients/clients.
(14)
Continuing Supervision, OTA--Includes, at a minimum, the
following:
(A)
Frequent communication between the supervising OTR or LOT
and the temporary licensee by telephone, written report or conference, including
the review of progress of patients/clients assigned to the OTA.
(B)
Face-to-face encounters twice a month where the OTR or
LOT directly observes the temporary licensee providing OT services to one
or more patients/clients.
(C)
Sixteen hours of supervision per month must be documented
for a full-time OTA. A part-time OTA may prorate the documented supervision,
but shall document no less than eight hours per month.
(15)
Coordinator of Occupational Therapy Program--The employee
of the Executive Council who carries out the functions of the Texas Board
of Occupational Therapy Examiners.
(16)
Direct Service--Refers to the provision of occupational
therapy services to individuals to develop, improve, and/or restore occupational
functioning.
(17)
Endorsement--The process by which the
board issues a license to a person currently licensed in another state, the
District of Columbia, or territory of the United States that maintains professional
standards considered by the board to be substantially equivalent to those
set forth in the Act, and is applying for a Texas license for the first time.
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(A)
Frequent communication between the supervising OTR or LOT
and the regular or provisional COTA or LOTA by telephone, written report or
conference, including the review of progress of patients/clients assigned
to the COTA or LOTA.
(B)
Eight hours of supervision per month must be documented
for a full-time COTA or LOTA. Twenty-five percent of the required documented
supervision time must consist of face-to-face encounters where the OTR or
LOT directly observes the COTA or LOTA providing OT services to one or more
patients/clients.
(C)
A part-time COTA or LOTA may prorate the documented supervision.
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(A)
the evaluation/assessment, treatment and education of or
consultation with the individual, family or other persons;
(B)
interventions directed toward developing, improving or
restoring daily living skills, work readiness or work performance, play skills
or leisure capacities;
(C)
intervention methodologies to develop restore or maintain
sensorimotor, oral-motor, perceptual or neuromuscular functioning; joint range
of motion; emotional, motivational, cognitive or psychosocial components of
performance.
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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 August 7, 2000.
TRD-200005448
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes the repeal
of §364.1 and proposes new §§364.1-364.4, concerning Requirements
for Licensure.
The repealed section is being replaced by new sections §364.1 Requirements
for Licensure, §364.2 Initial License by Examination, §364.3 Temporary
License, and §364.4 License by Endorsement. The repeal of this section
and the adoption of the replacement will restructure licensing procedure rules
and update description of the requirements for licensure, reflecting changes
to the procedures. They also make administrative procedures for OT and PT
application and licensure as uniform as possible to achieve greater administrative
efficiency.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections as proposed.
Mr. Maline also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be clarification of easier comprehension of the application
and licensure process, and greater administrative efficiency. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rules as proposed.
Comments on the proposed rules may be submitted to Augusta Gelfand, OT
Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas, 78701; email: augusta.gelfand@mail.capnet.state.tx.us
40 TAC §364.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Occupational Therapy Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Occupational Therapy
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this repeal.
§364.1.Requirements for Licensure
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 August 7, 2000.
TRD-200005447
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 305-6900
40 TAC §§364.1 - 364.4
The new rules are proposed under the Occupational Therapy
Practice Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which
provides the Texas Board of Occupational Therapy Examiners with the authority
to adopt rules consistent with this Act to carry out its duties in administering
this Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by these new rules.
§364.1.Requirements for Licensure
(a)
All applicants shall:
(1)
submit a complete, notarized application form with a recent
passport-type color photograph of the applicant;
(2)
submit a non-refundable application fee as set by the Executive
Council;
(3)
submit a successfully completed board jurisprudence examination
on the Texas Occupational Therapy Practice Act and board rules;
(4)
Have completed an accredited OT/OTA program;
(5)
Have completed supervised fieldwork experience, a minimum
of 6 months for OT and 2 months for OTA.
(b)
If an applicant has not passed the national licensure examination,
the applicant must also meet the requirement in §364.2 of this title
(relating to License by Examination).
(c)
If the applicant is licensed as an OTR or COTA in another
state or jurisdiction of the U.S., the applicant must also meet the requirements
as stated in §364.4 of this title (relating to License by Endorsement)
(d)
An application for license is valid for one year after
the date it is received by the board.
(e)
An applicant who submits an application containing false
information may be denied a license by the board.
(f)
Should the board reject an application for a license, the
reasons for the rejection will be communicated in writing to the applicant.
The applicant may submit additional information and request reconsideration
by the Board. If the applicant remains dissatisfied, a hearing may be requested
as specified in the Act.
(g)
Applicants and licensees must notify the board in writing
of changes in name, residential address, and work address within 30 days of
the change.
(h)
The Board will issue a replacement copy of a license to
replace one lost or destroyed upon receipt of a written request and the appropriate
fee from the licensee. For a name change, the appropriate fee and a copy of
the legal document (marriage certificate, divorce decree) enacting the name
change must accompany the request.
(i)
The first 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 birth month in the following year. An initial
license will be valid no less than 4 months, no longer than 15 months.
§364.2.Initial License by Examination
(a)
An applicant applying for license by examination must:
(1)
meet all provisions for §364.1 of this title (relating
to Requirements for a License); and
(2)
pass the NBCOT certification examination for occupational
therapists or occupational therapy assistants with a score set by NBCOT. Score
reports must be sent to the Board by NBCOT or their score reporting service.
(b)
Upon receiving the test scores from NBCOT the Board will
automatically issue a regular license to the applicant with a passing score.
(c)
An applicant who fails an examination may take a second
examination by submitting a new application and fee.
(1)
An applicant who fails the second examination may take
a third examination after a specific period of not longer than one year if
the applicant meets the requirements prescribed for a previous examination.
(2)
An applicant who fails the third examination may take an
additional test at the board's discretion.
§364.3.Temporary License.
(a)
The Board will issue a temporary license to an applicant
who is taking the exam for the first time. An applicant who has received a
license from another state is not eligible for a temporary license.
(b)
To be issued a temporary license, the applicant must:
(1)
meet all provisions of §364.1 of this title (relating
to Requirements for a License);
(2)
meet all provision of §364.2 of this title (relating
to License by Examination);
(3)
submit the Confirmation of Examination Registration and
Eligibility to Examine form from NBCOT, which must be sent directly to the
board by NBCOT;
(4)
submit a signed Verification of Supervision form as provided
by the board;
(5)
send the board the application fee as set by the Executive
Council.
(c)
If the applicant fails to take the first available examination,
or fails to have the scores reported, the temporary license will be revoked.
(d)
If the applicant fails the examination, the temporary license
is void and must be returned. No second temporary licenses are issued after
failure of the examination.
§364.4.License by Endorsement
(a)
The board may issue a license by endorsement to applicants
currently licensed in another state, District of Columbia or territory of
the United States. Previous Texas licensees are not eligible for License by
Endorsement. An applicant seeking endorsement must:
(1)
meet all provisions for §364.1 of this title (relating
to Requirements for License);
(2)
arrange to have NBCOT's Verification of Certification form
sent directly to the board;
(3)
submit verification of license in good standing from the
state(s) in which the applicant is currently licensed. This must be an original
verification sent directly by the licensing board in that state, or,
(4)
if applying from a non-licensing state, submit a Verification
of Employment form showing the two most recent years of employment.
(b)
Provisional License: The Board may grant a Provisional
License prior to an applicant who is applying for License by endorsement if
there is an unwarranted delay in the submission of required documentation
outside the applicant control. All other requirements for requirements for
a license by endorsement must be met. The applicant must also submit the Provisional
License fee as set by the Executive Council, and notarized proof of sponsorship
by a licensee of this board, before the license may be issued. The Board may
not grant a provisional license to an applicant with disciplinary action in
their license history, or to an applicant with pending 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 August 7, 2000.
TRD-200005446
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 305-6900
40 TAC §365.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Occupational Therapy Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Occupational Therapy Examiners
proposes the repeal of §365.1, concerning Types of Licenses. The language
of this chapter will be contained in Chapter 364.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and 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 the
rule.
Mr. Maline also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of the OT rules. 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 rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701.
The repeal is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this repeal.
§365.1.Types of Licenses
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 August 7, 2000.
TRD-200005450
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 305-6900
(17)
] Evaluation--Refers to a process
of determining an individual's status for the purpose of determining the need
for occupational therapy services or for implementing a treatment program.
(18)
] Examination--The Examination
as provided for in Section 17 of the Act. The current Examination is the initial
certification Examination given by the National Board for Certification in
Occupational Therapy (NBCOT).
(19)
] Executive Council--The Executive
Council of Physical Therapy and Occupational Therapy Examiners.
(20)
] Executive Director--The employee
of the Executive Council who functions as its agent. The Executive Council
delegates implementation of certain functions to the Executive Director.
(21)
] First Available Examination--Refers
to the first scheduled Examination after successful completion of all educational
requirements.
(22)
] General Supervision--Includes,
at a minimum, the following:
(23)
] Health Care Condition-See
Medical Condition.
(24)
]Investigation Committee--Reviews
and makes recommendations to the board concerning complaints and disciplinary
actions regarding licensees and facilities.
(25)
] Investigator--The employee
of the Executive Council who conducts all phases of an investigation into
a complaint filed against a licensee, an applicant, or an entity regulated
by the board.
(26)
] Jurisprudence Examination--An
examination covering information contained in the Texas Occupational Therapy
Practice Act and Texas Board of Occupational Therapy Examiners rules. This
test is an open book examination made up of multiple choice and/or true-false
questions. The passing score is 70%.
(27)
] License--Document issued
by the Texas Board of Occupational Therapy Examiners which authorizes the
practice of occupational therapy in Texas.
(28)
] Licensed Occupational Therapist
(LOT)--A person who holds a valid regular or provisional license to practice
or represent self as an occupational therapist in Texas.
(29)
] Licensed Occupational Therapy
Assistant (LOTA)--A person who holds a valid regular or provisional license
to practice or represent self as an occupational therapy assistant in Texas
and who is required to practice under the general supervision of an OTR or
LOT.
(30)
] Medical Condition--A condition
of acute trauma, infection, disease process, psychiatric disorders, addictive
disorders, or post surgical status. Synonymous with the term health care condition.
(31)
] Monitored Services--The checking
on the status/condition of students, patients, clients, equipment, programs,
services, and staff in order to make appropriate adjustments and recommendations.
Minimum contact for the purpose of monitoring will be one time a month.
(32)
] NBCOT (formerly AOTCB)--National
Board for Certification in Occupational Therapy (formerly American Occupational
Therapy Certification Board).
(33)
] Non-Medical Condition--A
condition where the ability to perform occupational roles is impaired by developmental
disabilities, learning disabilities, the aging process, sensory impairment,
psychosocial dysfunction, or other such conditions which does not require
the routine intervention of a physician.
(34)
] Occupational Therapist (OT)--A
person who holds a Temporary License to practice as an occupational therapist
in the state of Texas, who is waiting to receive results of taking the first
available Examination, and who is required to be under continuing supervision
of an OTR or LOT.
(35)
] Occupational Therapist, Registered
(OTR)--An alternate term for a Licensed Occupational Therapist. An individual
who uses this term must hold a regular or provisional license to practice
or represent self as an occupational therapist in Texas. An individual who
uses this term is responsible for ensuring that he or she is otherwise qualified
to use it.
(36)
] Occupational Therapy--The
use of purposeful activity or intervention to achieve functional outcomes.
Achieving functional outcomes means to develop or facilitate restoration of
the highest possible level of independence in interaction with the environment.
Occupational Therapy provides services to individuals limited by physical
injury or illness, a dysfunctional condition, cognitive impairment, psychosocial
dysfunction, mental illness, a developmental or learning disability or an
adverse environmental condition, whether due to trauma, illness or condition
present at birth. Occupational therapy services include but are not limited
to:
(37)
] Occupational Therapy Assistant
(OTA)--A person who holds a Temporary License to practice as an occupational
therapy assistant in the state of Texas, who is waiting to receive results
of taking the first available Examination, and who is required to be under
continuing supervision of an OTR or LOT.
(38)
] Occupational Therapy Plan
of Care--A written statement of the planned course of Occupational Therapy
intervention for a patient/client. It must include goals, objectives and/or
strategies, recommended frequency and duration, and may also include methodologies
and/or recommended activities.
(39)
] OT Aide or OT Orderly--A
person who aids in the practice of occupational therapy and whose activities
require on-the-job training and close personal supervision by an OTR, LOT,
COTA or LOTA.
(40)
] Place(s) of Business--Any
facility in which a licensee practices.
(41)
] Practice--Providing occupational
therapy as a clinician, practitioner, educator, or consultant. Only a person
holding a license from TBOTE may practice occupational therapy in Texas.
(42)
] Provisional License--A license
issued by TBOTE to an applicant who holds a valid license in good standing
from another state, District of Columbia, or territory of the United States
requesting licensure; or a license issued to an applicant who has passed the
Examination and who 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.
(43)
] Recognized Educational Institution--An
educational institution offering a course of study in occupational therapy
that has been accredited or approved by the American Occupational Therapy
Association.
(44)
] Regular License--A license
issued by TBOTE to an applicant who has met the academic requirements and
who has passed the Examination.
(45)
] Rules--Refers to the TBOTE
Rules.
(46)
] Screening--A process or tool
used to determine a potential need for occupational therapy interventions.
This information may be compiled using observation, medical or other records,
the interview process, self-reporting, and/or other documentation.
(47)
]Temporary License--A license
issued by TBOTE to an applicant who meets all the qualifications for a license
except taking the first available Examination after completion of all education
requirements; or a license issued to an applicant who has passed the Examination
but 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.
Chapter 364.
REQUIREMENTS FOR LICENSURE
Chapter 365.
TYPES OF LICENSES
Chapter 366.
APPLICATION FOR LICENSE