Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes amendments to §362.1, concerning Definitions.
The section is being amended to change terms which are no longer current.
The proposed new definitions will recognize the current OT practice framework,
which includes practice settings that are in the community, schools, business
and other non-medical settings.
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 pubic benefit anticipated as a result of enforcing
the rule will be the improved definitions to help practitioners. There will
be no effect on small businesses and no economic cost to persons having to
comply is anticipated.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, at (512) 305-6900, 333 Guadalupe St., #2-510, Austin, TX 78701
or 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 proposal.
§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) - (5)
(No change.)
(6)
Class A Misdemeanor--An individual adjudged guilty of a
Class A misdemeanor shall be punished by:
(A)
A fine not to exceed
$4,000
[
(B) - (C)
(No change.)
(7)
Client--The entity that receives
occupational therapy. Clients may be individuals (including others involved
in the individual's life who may also help or be served indirectly such as
caregiver, teacher, parent, employer, spouse), groups, or populations (i.e.,
organizations, communities).
(8)
[
(9)
[
[
(10) - (11)
(No change.)
(12)
Direct Contact--Refers to contact with the client
and includes face-to-face in person or via visual telecommunications.
[
(13)
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
[
(14)
Evaluation--
The process of planning, obtaining, documenting
and interpreting data necessary for intervention. This process is focused
on finding out what the client wants and needs to do and on identifying those
factors that act as supports or barriers to performance.
[
(15) - (17)
(No change.)
[
(18)
[
(19)
[
(20)
Intervention--The process
of planning and implementing specific strategies based on the client's desired
outcome, evaluation data and evidence, to effect change in the client's occupational
performance leading to engagement in occupation to support participation.
(21) - (27)
(No change.)
[
(28)
[
(29)
[
(30)
[
(31)
Occupation--Activities of
everyday life, named, organized, and given value and meaning by individuals
and a culture. Occupation is everything people do to occupy themselves, including
looking after themselves, enjoying life and contributing to the social and
economic fabric of their communities.
(32) - (33)
(No change.)
(34)
Occupational Therapy Practice--includes:
(A)
Methods or strategies selected to direct the process of
interventions such as:
(i)
Establishment, remediation, or restoration of a skill or
ability that has not yet developed or is impaired.
(ii)
Compensation, modification, or adaptation of activity
or environment to enhance performance.
(iii)
Maintenance and enhancement of capabilities without which
performance in everyday life activities would decline.
(iv)
Health promotion and wellness to enable or enhance performance
in everyday life activities.
(v)
Prevention of barriers to performance, including disability
prevention.
(B)
Evaluation of factors affecting activities of daily living
(ADL) instrumental activities of daily living (IADL), education, work, play,
leisure, and social participation, including:
(i)
Client factors, including body functions (such as neuromuscular,
sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular,
digestive, integumentary, genitourinaray systems).
(ii)
Habits, routines, roles and behavior patterns.
(iii)
Cultural, physical, environmental, social, and spiritual
contexts and activity demands that affect performance.
(iv)
Performance skills, including motor, process, and communication/interaction
skills.
(C)
Interventions and procedures to promote or enhance safety
and performance in activities of daily living (ADL), instrumental activities
of daily living (IADL), education, work, play, leisure, and social participation,
including.
(i)
Therapeutic use of occupations, exercises, and activities.
(ii)
Training in self-care, self-management, home management
and community/work reintegration.
(iii)
Development, remediation, or compensation of physical,
cognitive, neuromuscular, sensory functions and behavioral skills.
(iv)
Therapeutic use of self, including one's personality,
insights, perceptions, and judgments, as part of the therapeutic process.
(v)
Education and training of individuals, including family
members, caregivers, and others.
(vi)
Care coordination, case management and transition services.
(vii)
Consultative services to groups, programs, organizations,
or communities.
(viii)
Modification of environments (home, work, school, or
community) and adaptation of processes, including the application of ergonomic
principles.
(ix)
Assessment, design, fabrication, application, fitting
and training in assistive technology, adaptive devices, and orthotic devices,
and training in the use of prosthetic devices.
(x)
Assessment, recommendation, and training in techniques
to enhance functional mobility including wheelchair management.
(xi)
Driver rehabilitation and community mobility.
(xii)
Management of feeding, eating, and swallowing to enable
eating and feeding performance.
(xiii)
Application of physical agent modalities, and use of
a range of specific therapeutic procedures (such as wound care management;
techniques to enhance sensory, perceptual, and cognitive processing; manual
therapy techniques) to enhance performance skills.
[
[(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.]
(35) - (37)
(No change.)
(38)
Outcome--The focus and targeted
end objective of occupational therapy intervention. The overarching outcome
of occupational therapy is engagement in occupation to support participation
in context(s).
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
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 March 2, 2007.
TRD-200700826
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: April 15, 2007
For further information, please call: (512) 305-6900
40 TAC §364.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
proposes amendments to §364.1, concerning Requirements for Licensure,
to be published in the
Texas Register
for
public comment.
The section is being amended to change the duration of the first license
to at least two years ending at the last day of the licensee's birth month.
First time licensees will have the same continuing education requirement as
all regular licensees.
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 are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amended section.
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 amended rule will the consistency of all licenses and continuing education
requirements, eliminating the confusion of the exceptions for the first license.
There will be no effect on small businesses, and no economic cost to persons
having to comply is anticipated.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, at (512) 305-6900, 333 Guadalupe Street, Suite 2-510, Austin,
Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments 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 amended section.
§364.1.Requirements for Licensure.
(a)
All applicants shall:
(1)
submit a complete, notarized application form
or online
application
with a recent passport-type color photograph of the applicant;
(2) - (3)
(No change.)
(4)
have
[
(5)
have
[
(b) - (h)
(No change.)
(i)
The first regular license is valid from the date of issuance
until the last day of the applicant's [
(j)
Licensees will follow the rules for continuing
education, as described in Chapter 367 of this title (relating to Continuing
Education).
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 March 2, 2007.
TRD-200700827
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: April 15, 2007
For further information, please call: (512) 305-6900
40 TAC §367.1, §367.2
The Texas Board of Occupational Therapy Examiners (TBOTE)
proposes amendments to §367.1, concerning Continuing Education, and §367.2,
concerning Categories of Continuing Education, to be published in the
The sections are being amended to change the continuing education requirement
for the first regular license to be consistent with all regular licensees'
continuing educational requirements.
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 are in effect there will be no fiscal implication
for state or local government as a result of enforcing or administering the
amended sections.
Mr. Maline also has determined that for the each year of the first five
years the amendments are in effect the public benefit anticipated as a result
of enforcing the amended rules will be the consistency of continuing educational
requirements for all licensees. There will be no effect on small businesses,
and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Augusta Gelfand,
OT Coordinator, at (512) 305-6900, 333 Guadalupe Street, Suite 2-510, Austin,
Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments 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 the amended sections.
§367.1.Continuing Education.
(a)
(No change.)
[(b)
New licensees holding a regular license,
issued for a period of less than two years, do not have a continuing education
requirement until they receive a regular two-year license.]
(b)
[
(c)
[
(d)
[
(1)
A minimum of 15 hours of continuing education must be in
skills specific to occupational therapy practice with patients or clients
hereafter referred to as Type 2. (AOTA's Category 1 or 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, but no
less than 15 hours of Type 2 is acceptable.
(2)
General information hereafter referred to as Type 1 continuing
education is relevant to the profession of occupational therapy. Examples
include but are not limited to: supervision, education, documentation, quality
improvement, administration, reimbursement and other occupational therapy
related subjects. (AOTA's Category 3)
(e)
[
(f)
[
§367.2.Categories of Continuing Education.
(a)
(No change.)
(b)
Unacceptable Continuing Education Activities include but
are not limited to:
(1) - (5)
(No change.)
(6)
Facility-based annual required courses such as, but not
limited to patient abuse, disposal of hazardous waste, patient privacy,
HIPAA
[
(7)
(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 March 2, 2007.
TRD-200700828
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: April 15, 2007
For further information, please call: (512) 305-6900
$3,000
];
(7)
] Complete Application--Notarized
application form with photograph, license fee, jurisprudence examination with
at least 70% of questions answered correctly and all other required documents.
(8)
] Complete Renewal--Contains
renewal fee, renewal form with signed continuing education affidavit, home/work
address(es) and phone number(s), and jurisprudence examination with at least
70% of questions answered correctly.
(9)
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.]
Direct Service--Refers to the provision of occupational therapy services to
individuals to develop, improve, and/or restore occupational functioning.
]
apply
] for a Texas license for the
first time.
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)
Face-to-face, real time--Refers
to live interactions either in person or via visual telecommunications.]
(19)
] First Available Examination--Refers
to the first scheduled Examination after successful completion of all educational
requirements.
(20)
] Health Care Condition--See
Medical Condition
.
(28)
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.]
(29)
] NBCOT [
(formerly AOTCB)
]--National Board for Certification in Occupational Therapy [
(formerly
American Occupational Therapy Certification Board)
].
(30)
] Non-licensed Personnel--OT
Aide or OT Orderly or other person not licensed by this board who provides
support services to occupational therapy practitioners and whose activities
require on-the-job training and close personal supervision.
(31)
] 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 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:]
(38)
] Place(s) of Business--Any
facility in which a licensee practices.
(39)
] 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.
(40)
]
Accredited Educational
Program
[
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.
(41)
] Regular License--A license
issued by TBOTE to an applicant who has met the academic requirements and
who has passed the Examination.
(42)
] Rules--Refers to the TBOTE
Rules.
(43)
] Screening--
A process
used to determine a potential need for occupational therapy interventions,
educational and/or other client needs. Screening information may be compiled
using observation, client records, the interview process, self-reporting,
and/or other documentation.
[
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.
]
(44)
] Supervision--See Chapter
373 of this title (relating to Supervision)
.
(45)
] 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.
Chapter 364.
REQUIREMENTS FOR LICENSURE
Have
] completed an accredited
OT/OTA program;
Have
] completed supervised
fieldwork experience, a minimum of 6 months for OT and 2 months for OTA.
next
] birth month
,
with a duration of at least two years
. [
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.
]
Chapter 367.
CONTINUING EDUCATION
(c)
] All licensees[
, except
those addressed in subsection (b) of this section
] must complete a minimum
of 30 hours of continuing education every two years during the period of time
the license is current in order to renew the license, and provide this information
as requested.
(d)
] Those renewing a license more
than 90 days late must submit proof of continuing education for the renewal.
(e)
] Types of Continuing Education.
(f)
] A specific continuing educational
activities may be counted only one time in the licensee's career unless content
has been updated or revised.
(g)
] Effective January 1, 2003,
Type 1 and Type 2 educational activities approved or offered by the American
Occupational Therapy Association or the Texas Occupational Therapy Association
are pre-approved by the board. The board will review its approval process
and continuation thereof for educational activities by January 2005 and at
least once each five-year period thereafter.
HIPPA
] & FERPA, blood borne pathogens, and other
annual facility required repetitive courses do not count toward continuing
education.
Chapter 370.
LICENSE RENEWAL