Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 18.
NURSING FACILITY ADMINISTRATORS
40 TAC §§18.1, 18.8, 18.9
The Texas Department of Human Services (DHS) adopts amendments
to §18.1, concerning introduction, §18.8, concerning provisional
licensure, and §18.9, concerning licensure renewal and inactive status,
in its Nursing Facility Administrators chapter. The amendments are adopted
without changes to the proposed text in the May 25, 2001, issue of the
Justification for the amendments is to ensure that nursing facility administrators
licensed in the State of Texas have the necessary licensure qualifications
to provide greater protection of the health and safety of residents and consumers
of nursing facilities DHS regulates.
The department received no comments regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate nursing
facilities.
The amendment implements the Health and Safety Code, §§242.001-242.268.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 9, 2001.
TRD-200103885
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 1, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 438-3108
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §362.1 concerning Definitions, without change to the proposed
text as published in the May 25, 2001 issue of
Texas
Register
(26 TexReg 3717) and will not be republished.
The section was amended to remove supervision definitions which have been
added to the Supervision Chapter, and to add definitions for non-licensed
personnel, and Occupational Therapy Practitioners. It also deletes a definition
for Temporary License which was not in agreement with the Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103801
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
40 TAC §§364.1 - 364.4
The Texas Board of Occupational Therapy Examiners adopts
amendments to §§364.1 - 364.4 concerning Requirements for Licensure.
Section 364.1 is being adopted with changes to the proposed text as published
in the May 25, 2001 issue of
Texas Register
(26
TexReg 3720). Sections 364.2 - 364.4 are being adopted without change and
will not be republished.
The sections are amended to add the re-exam form and procedure. It also
adds a time frame for license application after passing the certification
exam.
No comments were received regarding adoption of the amendments.
The amendments are adopted 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 sections.
§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 the 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 Licensure 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 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
regular license will be valid no less than 3 months, no longer than 15 months.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103802
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
40 TAC §§367.1 - 367.3
The Texas Board of Occupational Therapy Examiners adopts
amendments to §367.1 and new §367.2, §367.3 concerning Continuing
Education. Section 367.1 is be adopted with changes to the proposed text as
published in the May 25, 2001 issue of
Texas Register
(26 TexReg 3721). Section 367.2 and §367.3 are being adopted without
change and will not be republished.
Section 367.1 was amended to reorganize the chapter and clarify its intent.
Comments were received regarding these sections from AOTA and Tana Hadlock,
licensee.
The amendment and new sections are being adopted 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 sections.
§367.1.Continuing Education.
(a)
The Act 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.
(b)
Continuing education documentation includes, but is not
limited to, a final official transcript, AOTA self-study completion certificates,
copies of official sign-in or attendance sheets, course certificates of attendance,
certificates of completion, and official correspondence from the board approving
requesting credits.
(c)
The first regular license, which has a duration of less
than 2 years, does not have a continuing education requirement.
(d)
All licensees, except those addressed in (subsection c
of this section must complete 30 hours of continuing education every two years
during the period of time the license is current in order to renew the license.
Those renewing a license more than 90 days late must submit proof of continuing
education for the renewal.
(1)
General information hereafter referred to as Type 1 continuing
education is relevant to the profession of occupational therapy. Examples
include by are not limited to: supervision, education, documentation, quality
improvement, administration, reimbursement and other occupational therapy
related subjects.
(2)
A minimum of 15 hours of continuing education must be in
skills relevant to occupational therapy practice with patients or clients
hereafter referred to as Type 2.
(A)
Type 2 courses teach occupational therapy treatment and
intervention with patients or clients.
(B)
All continuing education hours may be in Type 2.
(e)
Any continuing education submissions may be counted only
one time.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103803
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
40 TAC §370.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §370.1 concerning License Renewal, without change to the
proposed text as published in the May 25, 2001 issue of
Texas Register
(26 TexReg 3723) and will not be republished.
The section was amended to added the a requirement to submit continuing
education material if submitting for renewal more than 90 days late.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103804
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §372.1 concerning Provision of Services, with changes to
the proposed text as published in the May 25, 2001 issue of
Texas Register
(26 TexReg 3723). No language was changed, but an item
was moved from (e)(6) to (d)(4).
The section was amended to clarify the chapter. The reorganization separates
medical and non-medical care, differentiates between screening, evaluation
and plan of care, and more clearly defines the responsibilities of the licensees.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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.
§372.1.Provision of Services.
(a)
Medical Conditions
(1)
Treatment for a medical condition by an occupational therapy
practitioner requires a referral from a licensed referral source.
(2)
The referral may be an oral or singed written order. If
oral, it must be followed by a signed written order.
(3)
If a written referral signed by the referral source is
not received by the third treatment or within two weeks from the receipt of
the oral referral, whichever is later, the therapist must have documented
evidence of attempt(s) to contact the referral source for the written referral
(e.g., registered letter, fax, certified letter, email, return receipt, etc.).
The therapist must exercise professional judgement to determine cessation
or continuation of treatment with a receipt of the written referral.
(b)
Non-Medical Conditions
(1)
Consultation, monitored services, and evaluation for need
of services may be provided without a referral.
(2)
Non-medical conditions do not require a referral. However,
a referral must be requested at any time during the evaluation or treatment
process when necessary to insure the safety and welfare of the consumer.
(c)
Screening. A screening may be performed by an occupational
therapist or an occupational therapy assistant.
(d)
Evaluation.
(1)
Only an occupational therapist may perform the evaluation.
(2)
An occupational therapy plan of care must be based on an
occupational therapy evaluation.
(3)
The occupational therapist must have face-to-face, real
time interaction with the patient or client during the evaluation process.
(4)
The occupational therapist may delegate to an occupational
therapy assistant the collection of data for the assessment. The occupational
therapist is responsible for the accuracy of the data collected by the assistant.
(e)
Plan of Care
(1)
Only an occupational therapist may initiate, develop, modify
or complete an occupational therapy plan of care.
(2)
The occupational therapist and occupational therapy assistant
may work jointly to revise the short-term goals, but the final determination
resides with the occupational therapist.
(3)
An occupational therapy plan of care may be integrated
into an interdisciplinary plan of care, but the occupational therapy goals
or objectives must be easily identifiable in the plan of care.
(4)
Only occupational therapy practitioners licensed by the
Texas Board of Occupational Therapy Examiners (TBOTE) may implement the plan
of care.
(5)
Only the occupational therapist or occupational therapist
assistant may train non-licensed personnel or family members to carry out
specific tasks that support the occupational therapy plan of care.
(6)
The occupational therapist is responsible for determining
whether intervention is needed and if a referral is required for occupational
therapy intervention.
(7)
The occupational therapist or the occupational therapy
assistant must have face-to-face, real time interaction with the patient or
client during the intervention process.
(8)
It is the occupational therapist's responsibility to ensure
that all documentation which becomes part of the patient's/client's permanent
record is approved and co-signed by the occupational therapist and signed
on the bottom of each page.
(f)
Discharge.
(1)
Only an occupational therapist has the authority to discharge
patients from occupational therapy services. The discharge is based on whether
the patient or client has achieved predetermined goals, has achieved maximum
benefit from occupational therapy services; or when other circumstances warrant
discontinuation of occupational therapy services.
(2)
The occupational therapist is responsible for the content
and validity of the discharge summary and must sign the discharge summary.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103806
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
40 TAC §§373.1 - 373.3
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §373.1 and new §373.2 and §373.3 concerning
Supervision, with changes to the proposed text as published in the May 25,
2001, issue of
Texas Register
(26 TexReg 3725)
The amendment and new sections will differentiate the supervision of non-licensed
personnel, temporary licensees and occupational therapy assistants.
No comments were received regarding adoption of the amendment and new sections.
The amendment and new sections are adopted 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 sections.
§373.1.Supervision of Non-Licensed Personnel.
(a)
Licensed occupational therapists are fully responsible
for the planning and delivery of occupational therapy services. They may use
non-licensed personnel to extend their services; however, the non-licensed
personnel must be under the supervision of the licensed occupational therapist
or licensed occupational therapy assistant.
(b)
Close Personnel Supervision implies direct, on-site contact
whereby the supervising occupational therapy licensee is able to respond immediately
to the needs of the patient. This type of supervision is required for non-licensed
personnel providing support services to the occupational therapist and occupational
therapy assistant.
(c)
When occupational therapy licensees delegate occupational
therapy tasks to non-licensed personnel, the licensee is responsible for ensuring
that this person is adequately trained in the tasks delegated.
(d)
The licensee providing the treatment must interact with
the patient regarding the patient's condition, progress, and/or achievement
of goals during each treatment session.
(e)
Delegation of tasks to non-licensed personnel includes
but is not limited to:
(1)
routine department maintenance;
(2)
transportation of patients/clients;
(3)
preparation or set up of treatment equipment and work area;
(4)
assisting patients/clients with their personal needs during
treatment;
(5)
assisting in the construction of adaptive/assistive equipment
and splints. The licensee must be on-site and attending for any initial applications
to the patient;
(6)
carrying out a predetermined segment or task in the patient's
care for which the patient has demonstrated some previous performance ability
in executing the task;
(f)
The non-licensed personnel may not:
(1)
perform occupational therapy evaluative procedures
(2)
initiate, plan, adjust, or modify occupational therapy
procedures.
(3)
act on behalf of the occupational therapist in any matter
relating to occupational therapy which requires decision making or professional
judgements.
§373.2.Supervision of a Temporary Licensee.
(a)
Supervision of an occupational therapist with a temporary
license includes:
(1)
frequent communication between the supervising occupational
therapist and the temporary licensee by telephone, written report or conference,
including the review of progress of patients/clients assigned, plus
(2)
encounters twice a month where the occupational therapist
directly observes the temporary licensee providing services to one or more
patients/clients with face-to-face, real time interaction.
(b)
Supervision of an occupational therapy assistant with a
temporary license includes;
(1)
sixteen hours of supervision a month of which at least
twelve hours are through telephone, written report or conference, including
the review of progress of patients/clients assigned; plus
(2)
four or more hours of supervision a month which are face-to-face,
real time supervision with the temporary licensee providing services to one
or more patients/clients.
(c)
Temporary licensees may not supervise anyone.
(d)
All documentation completed by an individual holding a
temporary license which becomes part of the patient's/client's permanent file,
must be approved and co-signed by the supervising occupational therapist.
(e)
A temporary licensee works under the supervision of a regular
licensed occupational therapist, whose name and license number are on file
on the board's "Supervision of a Temporary Licensee" form.
(f)
A temporary licensee does not become a regular licensee
with those privileges until the regular license is in hand.
§373.3.Supervision of a Licensed Occupational Therapy Assistant.
(a)
Supervision per month of eight hours includes:
(1)
A minimum of six hours a month of frequent communication
with the supervising occupational therapist(s) and the occupational therapy
assistant by telephone, written report, email, conference etc., including
review of progress of patient's/client's assigned.
(2)
A minimum of two hours of supervision a month of face-to-face,
real time interaction observing the occupational therapy assistant providing
services with patients/clients.
(b)
Part-time licensees may pro-rate these hours, but shall
document no less than four hours of supervision per month, one hour of which
includes face-to-face, real time interaction observing the occupational therapy
assistant providing services with patients/clients.
(c)
Occupational Therapy Assistants with more than one employer
must have a supervisor at each job.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103807
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 364.
REQUIREMENT FOR LICENSURE
Chapter 367.
CONTINUING EDUCATION
Chapter 370.
LICENSE RENEWAL
Chapter 372.
PROVISION OF SERVICES
Chapter 373.
SUPERVISION
Chapter 374.
DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS