Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 69.
CONTRACTED SERVICES
Subchapter L. CONTRACT ADMINISTRATION
40 TAC §69.202
The Texas Department of Human Services (DHS) proposes to
amend §69.202, concerning procurement, in its Contracted Services chapter.
The purpose of the amendment is to bring §69.202 into compliance with
the Texas Health and Human Services Commission's (HHSC) purchasing rules
and House Bill 3042, Section 7.07, 78th Legislature, 2003. The amendment adds
subsection (d), outlining the means by which certain bidders and offerors,
as well as certain prospective bidders and offerors, can informally protest
DHS's competitive, sole source, and emergency contract awards. The proposal
allows unsuccessful offerors and bidders to protest their nonselection and
provides potential offerors and bidders the right to protest the award of
sole source and emergency contracts. DHS is also amending §69.202(a)
and (b) to update the language and to include definitions of "competition"
and "bona fide emergency" that are consistent with those used by HHSC.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed section is in effect, there are no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Charles F. Lyon, Deputy Commissioner for Support Services, has determined
that, for each year of the first five years the section is in effect, the
public benefit anticipated as a result of enforcing the section is that bidders,
offerors, and certain prospective bidders and offerors will have a mechanism
by which they can informally protest competitive, sole source, and emergency
contract awards. The process will enhance accountability in DHS's competitive,
sole source, and emergency contracting processes, thus enhancing accountability
in the agency's use of public funds. There is no adverse economic effect on
small or micro businesses, or on businesses of any size, as a result of enforcing
or administering the section, because the protest process outlined in the
amendment is informal, requiring neither legal expenses nor DHS review fees.
There is no anticipated economic cost to persons who are required to comply
with the proposed section. There is no anticipated effect on local employment
in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Bill Gordon
at (512) 438-2196 in DHS's Contract Policy section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-181, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to this rule. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
The amendment is proposed under the Human Resources Code, Chapter
22, which authorizes DHS to administer contracts to accomplish the purposes
of its programs; and under the Government Code, §2155.144, which authorizes
DHS to purchase goods and services pursuant to HHSC's purchasing rules.
The amendment implements the Human Resources Code, §§22.0001
- 22.053; and the Government Code, §2155.144.
§69.202.Procurement.
(a)
Extent of Competition.
(1)
Competition means a contract
or purchasing action in which two or more qualified or responsible entities,
acting independently, may be solicited under a procedure that allows the contemporaneous
and comparative evaluation of bids, proposals, offers, quotes, or other suitable
expressions of interest by an entity.
(2)
[
(3)
[
(b)
Exemptions to Competition.
(1)
Noncompetitive procurement methods may be used if authorized
by law
or
[
(A) - (C)
(No change.)
(D)
a bona fide emergency constitutes an immediate threat
to public health or safety or creates an imminent risk of loss to DHS that
DHS documents and justifies in the procurement record. Despite the existence
of a bona fide emergency, DHS uses its best efforts to conduct the procurement
with as much competition as is practical under the circumstances
[
(2)
(No change.)
(c)
(No change.)
(d)
Protests. Procurement protests
apply to vendor contracts, not to grants or subgrants. Procurement protests
are informal and are not conducted under the Government Code, Chapter 2001
or 2260. The area conducting the procurement may provide additional rights
and requirements associated with its procurement protests.
(1)
DHS provides an opportunity to request a review
to:
(A)
an offeror or bidder, if the award is made under
the competitive procurement method and the protestor is not selected for the
award; or
(B)
a prospective offeror or bidder, if the award
is a sole source or emergency procurement.
(2)
The right to protest does not apply to:
(A)
common commodities or services, including goods
and services acquired for direct consumption or use by the agency in the day-to-day
support of the agency's administrative operations, such as office supplies
and equipment, building maintenance and cleaning services, or temporary employment
services;
(B)
goods and services purchased pursuant to the
Interagency Cooperation Act (Government Code, Chapter 771) or to the Interlocal
Cooperation Act (Government Code, Chapter 791);
(C)
the lease, purchase, or lease-purchase of real
property;
(D)
interstate or international agreements executed
in accordance with applicable law;
(E)
a service of a public utility; or
(F)
a service within the definition of "automated
information system" under the Government Code, Chapter 2157.
(3)
DHS posts the award on the Electronic State
Business Daily within two workdays following a covered award procured according
to applicable statute and rule.
(4)
A protestor requests applicable procurement
protest policies and procedures for submitting a protest from the DHS representative
noted in the Electronic State Business Daily award posting.
(5)
The protestor must limit the protest to matters
relating to the protestor's qualifications, the suitability of the goods or
services offered by the protestor, or alleged irregularities in the procurement
process.
(6)
The request for review must:
(A)
be in writing;
(B)
specify reason(s) for the request and provide
supporting documentation;
(C)
be signed by the person who signed the offer
or bid on behalf of the protestor or his successor, unless the protest is
of a sole source or emergency procurement;
(D)
be delivered to the DHS official contact, as
specified in applicable DHS procurement protest policies and procedures; and
(E)
be received by DHS within 10 business days after
the award notice is posted in the Electronic State Business Daily. If the
tenth business day is on a state holiday, the due date rolls forward to the
next DHS workday.
(7)
DHS may not finalize a tentative procurement
award until DHS provides a written resolution of the protest to the protestor,
unless there is a bona fide emergency or if state or federal law require the
award to be completed by a particular date. If the protest is upheld, a contract
required by bona fide emergency or federal or state law is voidable.
(8)
The review is conducted as follows:
(A)
The DHS area making the procurement maintains
authority for the protest review.
(B)
DHS designates a person not involved in the
procurement to conduct the review.
(C)
DHS, at its sole discretion, may request supplemental
oral or written information to complement the information submitted in paragraph
(6)(B) of this subsection.
(D)
To resolve the protest, the reviewer reviews
information required in paragraph (6)(B) of this subsection and any additional
oral or written supplemental information that DHS requests.
(E)
DHS completes the review within five workdays
of DHS's receipt of the request.
(F)
DHS provides a written resolution to the protestor.
It is mailed no later than the sixth workday after receipt of the request.
The written resolution is DHS's official statement of resolution. Oral comments
DHS makes about the protest are not binding.
(G)
The time period for review and release of the
written resolution may be extended at the sole discretion of DHS.
(9)
The protestor has no further administrative
recourse, unless the area conducting the procurement allows otherwise in its
rules.
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 11, 2003.
TRD-200304188
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 438-3734
Subchapter H. MEMORANDUM OF UNDERSTANDING ON INDIVIDUAL TRANSITION PLANNING FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
40 TAC §72.1001
The Texas Department of Human Services (DHS) proposes to
amend §72.1001, concerning the memorandum of understanding (MOU) on transition
planning for students enrolled in special education, in its Memoranda of Understanding
with Other State Agencies chapter. The purpose of the amendment is to reflect
recent changes to the MOU, which added new participating agencies and specific
agency responsibilities. The amendment incorporates the new name of the MOU,
adds the names of the new participating agencies, and updates the Texas Administrative
Code reference for the MOU, which appears in the Texas Education Agency's
rule base.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed section is in effect, there are no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Bettye Mitchell, Deputy Commissioner for Long Term Care, has determined
that, for each year of the first five years the section is in effect, the
public benefit anticipated as a result of enforcing the section is that information
in DHS's rule base concerning this MOU will be correct. There is no adverse
economic effect on small or micro businesses, or on businesses of any size,
as a result of enforcing or administering the section, because the amendment
concerns state agencies and does not affect the operation of businesses. There
is no anticipated economic cost to persons who are required to comply with
the proposed section. There is no anticipated effect on local employment in
geographic areas affected by this section.
Questions about the content of this proposal may be directed to Susan Syler
at (512) 438-3111 in DHS's Long Term Care Policy section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-237,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to this rule. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
The amendment is proposed under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The amendment implements the Human Resources Code, §§22.0001
- 22.038.
§72.1001.Memorandum of Understanding on Individual Transition Planning for Students Receiving [
The
[
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 11, 2003.
TRD-200304189
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 438-3734
Chapter 364.
REQUIREMENTS FOR LICENSURE
40 TAC §364.4
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §364.4, concerning Licensure by Endorsement. The amendment
will require licensees applying for a Texas license to submit their score
report from NBCOT rather than their Verification of Certification.
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 amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amendment.
Mr. Maline also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the amendment 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 amendment as proposed.
Comments on the proposal may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, 305-6900, or through e-mail: augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, 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.
§364.4.Licensure 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 which has licensing requirements substantially equivalent
to this state. Previous Texas licensees are not eligible for License by Endorsement.
An Applicant seeking endorsement must:
(1)
(No change.)
(2)
arrange to have NBCOT's
Score Report
[
(3) - (4)
(No change.)
(b)
(No change.)
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 11, 2003.
TRD-200304193
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6900
40 TAC §367.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §367.1, concerning Continuing Education. The amendment
will add clarification of the rules.
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 amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amendment.
Mr. Maline also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the amendment 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 amendment as proposed.
Comments on the proposal may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, 305-6900, or through e-mail: augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, 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.
§367.1.Continuing Education.
(a) - (c)
(No change.)
(d)
All licensees, except those addressed in [
(1)
General information hereafter referred to as Type 1 continuing
education is relevant to the profession of occupational therapy. Examples
include
but
[
(2)
A minimum of 15 hours of continuing education must be in
skills
specific
[
(A) - (B)
(No change.)
(e) - (f)
(No change.)
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 11, 2003.
TRD-200304195
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6900
40 TAC §370.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §370.1, concerning License Renewal. The amendment will
add a method of reserve military to renew a license which expires during active
duty.
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 amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amendment.
Mr. Maline also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be an effective way to renew licensees called into active
military duty. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the amendment as
proposed.
Comments on the proposal may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, 305-6900, or through e-mail: augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, 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.
§370.1.License Renewal.
(a)
Licensees are required to renew their licenses every two
years by the end of their birth month. A licensee may not provide occupational
therapy services without a current license or renewal certificate in hand.
If a license expired after all required items are submitted but before the
licensee received the renewal certificate, the licensee may not provide occupational
therapy services until the renewal certificate is in hand.
(1) - (2)
(No change.)
(3)
Late Renewals. A renewal application is late if all required
materials are not postmarked prior to the expiration date of the license.
Licensees who do not complete the renewal process prior to the expiration
date are subject to late fees as described.
(A) - (C)
(No change.)
(D)
If a reserve status licensee is called
into active military service, and his or her license expires during service,
the licensee may follow the requirements for renewal with no penalty if the
licensee:
(i)
submits the renewal within 90 days after return to reserve
status; and
(ii)
submits evidence of active service and its inclusive dates.
(b) - (c)
(No change.)
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 11, 2003.
TRD-200304196
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6900
40 TAC §373.3
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §373.3, concerning Supervision of a Licensed Occupational
Therapy Assistant. The amendment will add clarification about the use of the
COTA Log.
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 amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amendment.
Mr. Maline also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be clarification of Supervision rules. There will be no
effect on small businesses. There are no anticipated economic costs to persons
who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, 305-6900, or through e-mail: augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, 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.
§373.3.Supervision of a Licensed Occupational Therapy Assistant.
(a)
(No change.)
(b)
Licensees working part-time or less than a full month
within a given month
[
(c)
(No change.)
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 11, 2003.
TRD-200304197
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6900
40 TAC §§376.1 - 376.10
The Texas Board of Occupational Therapy Examiners proposes
amendments to §§376.1 - 376.9 and new §376.10, concerning Registration
of Facilities. The amendments reorganize the chapter to require that a facility
be registered before the first patient treatment, require facilities owned
by the same owner to synchronize their renewals, list clear examples of facility
change of ownership, clarify restoration, closure and renewal, amend the notification
of changes to 30 days, and eliminate unnecessary or redundant items. The new
section explains when a change of ownership occurs.
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 amendments and new section are in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the amendments and new section.
Mr. Maline also has determined that for each year of the first five years
the amendments and new section are in effect the public benefit anticipated
as a result of enforcing the amendments and new section will be clarification
of facility registration. There will be no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the amendments and new section as proposed.
Comments on the proposal may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510,
Austin, Texas, 78701, 305-6900, or through email: augusta.gelfand@mail.capnet.state.tx.us.
The amendments and new section are proposed under the Occupational
Therapy Practice Act, Title 3, Subchapter H, Chapter 456, 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 proposal.
§376.1.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Occupational Therapy Facility--A physical site, such as
a building, office, or portable facility, where the practice of occupational
therapy takes place. An
Occupational Therapy Facility
[
(A)
it is not in the care, custody or control
of the individual or company providing occupational therapy services therein;
and
(B)
Occupational therapy services are not
provided on a predictable or regular basis at any one location; and
(C)
healthcare delivery is not the primary
purpose, activity, or business of the site where the services are provided.
(2)
OTR or LOT in Charge--An occupational therapist, registered
or licensed occupational therapist who is designated on the application for
registration and who has the authority and responsibility for the facility's
compliance with the Act and
Rules
[
§376.2.Requirement for Practice Setting of Licensees.
All licensees of this Act who practice in
an Occupational Therapy
Facility can do so only if that facility is registered or exempt under this
rule.
[
§376.3.Requirements for Registration Application.
(a)
Registration applications must include [
(1)
name of the
Occupational Therapy Facility
[
(2)
physical/
street address of the
Occupational
Therapy Facility
[
(3)
mailing address, if different from the street address;
(4)
the name and following information about the entity
or individual (in the case of a sole proprietorship) holding themselves out
as offering occupational therapy services at the facility
[
(A)
Sole proprietor:
(i)
name, home address, date of birth, social security number
of the sole proprietor;
(ii)
federal employer identification number if applicable.
(B)
Partnership:
(i)
name, home address, date of birth, social security number
of the managing partner;
(ii)
federal employer identification number.
(C)
Corporation:
(i)
names, home addresses, dates of birth, and social security
numbers of managing officers (for purposes of this subsection, managing officers
are defined as the top four executive officers, including the corporate officer
in charge of occupational therapy Facility operations);
(ii)
federal employer identification number.
(D)
Governmental entity (federal, state, county,
local):
(i)
name, home address, date of birth, social security number
of the individual completing the application;
(ii)
federal employer identification number.
[(A)
the name, address, and social security
number of any person who directly or indirectly owns or controls 5.0% or more
of the outstanding shares of stock in the facility in a privately held corporation
and 25% or more in a publicly held corporation in the facility and the percentage
of ownership:]
[(B)
the name and address of each director;
and]
(5)
the name and license number of the OTR or LOT in Charge;
[
(6)
the names and license numbers of other licensees of
the Act who practice in the Occupational Therapy Facility;
[
(7)
the Social Security Number and notarized signature
of the individual, managing partner or officer or person authorized to complete
the form.
[
(8)
the non-refundable application fee, as set by the
Executive Council.
[
[(9)
names and license numbers of other licensees
of this Act who practice in the facility.]
(b)
An individual or entity that holds themselves out
as offering occupational therapy at more than one facility is required to
submit one primary facility application and an additional facility application
for each additional Occupational Therapy Facility registered.
[
(c)
Such additional Occupational Therapy Facility that
is registered less than six months before the primary facility registration
expires will receive an expiration date in the same month as the primary,
but in the following year. An additional Occupational Therapy Facility registered
six or more month before the primary facility expiration date will receive
the same expiration date as for the primary facility.
[
(d)
An Occupational Therapy Facility that has not been
registered previously must complete the registration process and have the
registration certificate before the first patient treatment.
[
(e)
The Occupational Therapy Facility application is valid
one year after it is received by the board.
[
[(1)
non-payment of registration fee;]
[(2)
failure to submit all required information
on the application form;]
[(3)
falsification of information on the application
form;]
[(4)
violation of the Act or rules.]
(f)
The Occupational Therapy Facility registration fee(s)
for the primary site and/or additional site(s) will be waived if the facility
application is for both OT and PT services at the same location with the same
owner(s). The waiver form must accompany the application form.
[
(g)
Waiver from Occupational Therapy Facility registration
fees does not nullify all other sections as set forth in the TBOTE Rules,
Chapter 376.
[
§376.4.Requirements for Registered Facilities.
(a)
Each facility must have a designated OTR or LOT-in-charge.
A registered facility is required to report the name and license number of
the new OTR or LOT-in-charge no later than 30 days after the change occurs.
[
(b)
A registered facility must display the registration
certificate in a prominent location in the facility where it is available
for inspection by the public. A registration certificate issued by the board
is the property of the board and must be surrendered on demand by the board.
[
(c)
A registered Occupational Therapy Facility is subject
to inspection to verify compliance with the Act and this chapter by authorized
personnel of the board at any reasonable time.
[
(d)
An individual or entities that registers a facility
under this Rule must notify the board within 30 days of any change to the
physical/street address or mailing address.
[
[(e)
A registered facility must renew registration
annually by completing a renewal application and submitting the required fee.]
[(f)
A registered facility must have a licensed
person to supervise the provision of occupational therapy in accordance with
the Act and rules.]
[(g)
A registered facility is required to
adhere to the Occupational Therapy Practice Act and rules of the board.]
[(h)
A registered facility is required to
report any change in the OTR or LOT in charge of the facility to the board
no later than ten days after it occurs.]
[(i)
A registration issued under this chapter
shall not be transferred or sold to another person or owner.]
[(1)
The new owner of an occupational therapy facility must
apply for registration as a new applicant within 60 days.]
[(2)
The former owner of a facility must return the registration
certificate to the board within ten days of the sale of the facility.]
[(k)
A registered facility may advertise as
an "Occupational Therapy Facility Registered by the Texas Board of Occupational
Therapy Examiners." Facilities with are not registered by the board may not
refer to themselves as registered facilities.]
§376.5.Exemptions to Registration.
A facility licensed under Subtitle B, Title 4, Health and Safety Code,
is exempt from this definition, i.e., hospitals, nursing homes, ambulatory
surgical centers, birthing centers, abortion, continuing care, personal care,
and special care facilities. Colleges, universities, schools, and home health
settings are exempted from registration. These types of facilities are automatically
exempt and are not required to obtain a formal exemption from the board.
[(1)
The occupational therapy facility registration
fee(s) for the primary site and/or additional site(s) will be waived upon
meeting one of the following conditions:]
[(A)
the facility is providing both occupational therapy (OT)
services and physical therapy (PT) services, is currently registered and in
good standing as a PT facility, and the OT facility has not registered or
paid the OT facility registration fees;]
[(B)
the facility is registered and in good standing as an
OT facility and within this year the facility decides to offer PT services.
The PT registration fee(s) must be paid for that year. However, upon the following
renewal year, if the conditions set forth in this paragraph are met, then
the OT facility registration fee(s) will be waived for the following year.]
[(2)
The facility must submit to the board
a written request for waiver of the OT facility registration fee(s). This
request must be submitted in writing each renewal year. The waiver request
must be made for the OT primary site and each additional OT site(s), if applicable.
This request must be submitted within 60 days of the first patient treatment
of OT services.]
[(3)
No refunds for OT facility registration
fees will be made.]
[(4)
This rule will be implemented effective
September 1, 1995.]
[(5)
Waiver from OT facility registration
fees does not nullify all other sections as set forth in the TBOTE rules,
Chapter 376.]
§376.6.Renewal of Registration
(a)
An individual or entity registered as an Occupational
Therapy Facility under this Rule must renew its registration annually. Licensees
may not provide occupational therapy services in a facility if the registration
is not current.
[
(b)
Requirements to renew a facility are:
[
(1)
A renewal signed by the owner, managing
partner or officer, or a person authorized by the owner to complete the form
and the OTR or LOT-in-charge;
(2)
a list of all OTRs, LOTs, COTAs, and LOTAs
working at the facility; and
(3)
the renewal fee as set by the Executive
Council, and any late fees, which may be due.
(4)
The waiver form must accompany the renewal
form if the renewal is for an Occupational Therapy Facility where the same
owner(s) at the same location are also currently registered for PT services.
(c)
The renewal date of a primary Occupational Therapy
Facility registration is the last day of the month in which the registration
was originally issued. The renewal date for an additional facility will be
the same as the renewal date for the primary facility.
[
(d)
The board will notify the Occupational Therapy Facility
at least 30 days before the registration expiration date. An individual or
entity that holds themselves out as offering occupational therapy bears the
responsibility for ensuring that the registration is renewed. Failure to receive
a renewal notice from the board does not exempt the requirement to pay the
renewal fee in a timely manner.
[
(e)
The Occupational Therapy Facility renewal certificate
must be displayed with the original certificate and is the property of the
board.
[
(f)
An Occupational Therapy Facility will be allowed to
renew without a late fee if the renewal application and fee are received prior
to the expiration date. However, the board will not issue the certificate
until the Board receives the signed and notarized OTR or LOT-in-Charge form
and a list of the name(s) of the occupational therapy practitioners employed
at that facility.
[
§376.7.Failure To Register.
Individuals or entities
[
§376.8.Restoration of Registration.
(a)
When an individual or entity fails to renew
the registration of an Occupational Therapy Facility within the renewal month,
the Occupational Therapy Facility may restore the registration by completing
the renewal requirements including paying fees as set by the Executive Council.
[
(1)
If the
Occupational Therapy Facility
[
(2)
If the
Occupational Therapy Facility
[
(3)
If the
Occupational Therapy Facility
[
(b)
The owner may cancel an Occupational Therapy
Facility registration if occupational therapy services will no longer be provided
at that Occupational Therapy Facility. To cancel registration the owner must
notify the board and return the registration certificate and the current renewal
certificate (if applicable). If the owner decides to resume the provision
of occupational services at a future date, the Occupational Therapy Facility
registration may be restored with the previous expiration date by meeting
the requirements in §376.6 of this title (relating to Renewal of Registration).
(c)
An Occupational Therapy Facility may not
be registered as a new facility in lieu of renewal or restoration of a previously
registered facility in the same location.
§376.9.Disciplinary Action.
(a)
The board may assign disciplinary action to
an individual
or entity registering a facility under this Rule
[
(b)
The processing of complaints against
individuals or
entities registering Occupational Therapy Facilities under this Rule
[
(c)
A revocation or suspension of a registration affects all
facilities registered under one primary registration.
§376.10.Change in Occupational Therapy Facility Ownership.
(a)
A registration cannot be transferred or sold to another
person or owner. When an individual or entity offering occupational therapy
services at a registered Occupational Therapy Facility changes ownership,
the new entity that registered the Occupational Therapy Facility under this
rule, must register it as a new Occupational Therapy Facility within 30 days.
A change of ownership takes place when one of the following occurs:
(1)
a sole proprietor (individual) incorporates or changes
to a partnership;
(2)
a partnership incorporates or changes to a sole proprietor;
(3)
a corporation dissolves and changes its status to a partnership
or sole proprietor;
(4)
a sole proprietor (individual), partnership or corporation
sells or transfers the ownership to another individual, partnership or corporation.
(b)
If there is a change of managing officers in a partnership
or corporation, the entity that registered the Occupational Therapy Facility
must send the board written notification within 30 days. For purposes of this
subsection, managing officers are defined as the top four executive officers,
including the corporate officer in charge of occupational therapy facility
operations. The written notification shall include the effective date of such
change and the following information for the new managing officers:
(1)
name and title;
(2)
home address;
(3)
date of birth; and
(4)
social security number.
(c)
The former or new individual or entity offering occupational
therapy services at a previously registered facility must return the previous
registration certificate and current renewal certificate to the board within
30 days of the sale of the Occupational Therapy Facility. In lieu of the actual
documents, the Board may accept a notarized statement from the new or former
owner that the certificates have been destroyed or lost.
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 11, 2003.
TRD-200304198
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6900
Chapter 835.
SELF-SUFFICIENCY FUND
Subchapter A. GENERAL PROVISIONS REGARDING THE SELF-SUFFICIENCY FUND
(1)
] Procurements are conducted
so that they provide maximum open and free competition. The Texas Department
of Human Services (DHS) develops enrollment and procurement packages based
on clear and accurate descriptions of the services to be purchased. The package
includes all requirements the offeror(s)
or bidders(s)
must fulfill
for proposals and/or enrollments to be evaluated.
(2)
] Service requirements should
not unduly restrict competition by eliminating or limiting potential contractors'
participation. DHS acts affirmatively to ensure that small and historically
underutilized businesses (HUBs) have an equal opportunity to compete for and/or
to be selected for the award of contracts and subcontracts. DHS also acts
affirmatively to ensure that charitable and religious organizations have an
equal opportunity to contract with DHS. Religious organizations that contract
with DHS shall retain their independence from the state, including their control
over the definition, development, practice, and expression of religious beliefs.
Furthermore, DHS shall not require religious organizations to alter their
form of internal governance or remove religious art, icons, scripture, or
other symbols.
,
] rule[
, or regulations
] and if:
in an emergency, it is necessary to provide uninterrupted services to clients
].
Chapter 72.
MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES Enrolled in ] Special Education Services .
Effective September 1, 1990, the
] Texas
Department of Human Services (DHS) adopts by reference 19 TAC
§89.1110
(relating to
[
§89.246 concerning
] Memorandum of Understanding
on
Individual
Transition Planning for Students
Receiving
[
Enrolled in
] Special Education
Services)
. This memorandum
of understanding between the Texas Education Agency, Texas Rehabilitation
Commission, Texas
Workforce
[
Employment
] Commission,
Texas Commission for the Blind, Texas Department of Mental Health and Mental
Retardation,
Texas Department of Health, Texas Department of Protective
and Regulatory Services, Texas Commission for the Deaf and Hard of Hearing,
Texas Department of Housing and Community Affairs, Texas Higher Education
Coordinating Board, Texas Juvenile Probation Commission, Texas Youth Commission,
and DHS will provide coordination of services necessary to prepare
students enrolled in special education for a successful transition to life
outside the public school system.
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Verification of Certification
] form sent directly to the board;
Chapter 367.
CONTINUING EDUCATION
(
]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.
by
] are not limited to: supervision, education,
documentation, quality improvement, administration, reimbursement and other
occupational therapy related subjects. (AOTA's Category 3)
relevant
] to occupational therapy practice
with patients or clients hereafter referred to as Type 2. (AOTA's Category
1 or 2)
Chapter 370.
LICENSE RENEWAL
Chapter 373.
SUPERVISION
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 by the OTR(s)
and LOT(s) observing the COTA or LOTA providing services with patients/clients.
Those months where the licensee does not work, he or she shall write N/A in
the COTA Supervision Log for that month.
Chapter 376.
REGISTRATION OF FACILITIES
occupational
therapy facility
] must be under the direction of an occupational therapist,
registered or licensed occupational therapist
,
licensed by the
board.
The definition of Occupational Therapy Facility does not include
a physical site such as a building, office, or portable facility if it meets
all three conditions:
rules
] pertaining
to the practice of occupational therapy in the facility.
Texas can practice only in registered facilities or in practices
or facilities that are exempted by the Act and rules.
] A facility shall
not be required to register under this section if such facility or any person
providing health care services at the facility does not perform or hold itself
or themselves out as performing or offering to perform occupational therapy
as defined in the Act.
the following
information
]:
facility
];
facility
];
if a
corporation
]:
the name, address, telephone number, and social security number
of the sole proprietor or partners;
]
if
any other type of organization, the type of organization, and the name, address,
and telephone number of each owner;
]
the total square feet of the facility;
]
the name and license number of the OTR or LOT
in charge and his notarized signature;
]
The signature of the person who submits the registration application must
be notarized.
]
The board
will not consider an application as officially submitted until the applicant
pays the registration fee. The fee should accompany the application form.
]
The board shall consider whether the proposed facility complies with the Act
and this chapter of the rules.
]
Reasons for the board
to deny registration:
]
If the board does not register the entity which applies to be a registered
facility, the application fee will not be returned.
]
If one or more facilities are owned by an individual,
partnership, corporation, or other entity, the board requires one primary
application and addendum pages for each additional site registered.
]
An occupational therapy facility must be registered by the board.
The registration application must be obtained from the board office.
]
All occupational therapy facilities must register with the board
and pay a registration fee no later than December 31, 1994, or within 60 days
of the first patient treatment, whichever is later. A renewal fee will be
required in the original month of registration in the year following the original
registration year.
]
A registered facility
must display the registration certificate in a prominent location in the facility
where it is available for inspection by the public, A registration certificate
issued by the board is the property of the board and must be surrendered on
demand by the board.
]
A registered facility
is subject to inspection to verify compliance with the Act and this chapter
by authorized personnel of the board at any reasonable time.
]
[(j)
Change in ownership requirements:
]
When issued, a registration is valid for one year
commencing on the date of issuance of the initial registration.
]
A registrant must renew the registration annually.
]
The renewal
date of a registration shall be the last day of the month in which the registration
was originally issued.
]
The board shall not renew the
registration of a facility that is in violation of this Act or chapter.
]
At least 30 days before the expiration of a facility's
registration, the board will send notice to the facility of the expiration
date of the registration and the amount of the renewal fee due and a registration
renewal form. Failure to receive a renewal application from the board does
not exempt the facility from paying the renewal fee in a timely manner. A
facility which fails to receive a renewal application by the first day of
the renewal month should contact the board immediately.
]
The board shall issue to a facility which has
met all requirements for the renewal a registration renewal card. It shall
be affixed to or displayed with the original certificate and is the property
of the board.
]
Facilities
] which fail
to register
an Occupational Therapy Facility
with the board as
required by Act and rule will be notified of their noncompliance with the
Act and the disciplinary actions by this board to which they are subject.
Additionally, all licensees of this Act employed at the facility will be notified
that they are in violation of the Act and
Rules
[
rules
]
and thereby subject to disciplinary action.
When a facility fails to renew the registration within the renewal
month, the facility is subject to fees as set by the Executive Council.
]
facility
] registration has been expired for 90 days or less, the
registration
[
facility
] may
be renewed
[
renew
] by paying the required renewal fee and a restoration fee that
is one-half of the renewal fee.
facility
] registration has been expired for more than 90 days but less
than one year, the
registration
[
facility
] may
be renewed
[
renew
] by paying all unpaid renewal fees and
a restoration fee that is equal to the renewal fee.
facility
] registration has been expired for one year or more, the
registration
[
facility
] may
be renewed
[
renew
] by paying all unpaid renewal fees and a restoration fee which
is double the renewal fee.
a registered
facility
] for violation of the Act or
Rules
[
rules
].
The disciplinary action may include: revocation or suspension of the registration;
probation; penalty fees; or other appropriate disciplinary action.
applicants for registered facilities or registered facilities
] is accomplished
in accordance with Chapter
374
[
375
] of this title (relating
to Complaints).
Part 20.
TEXAS WORKFORCE COMMISSION