Part XII.
Texas Board of Occupational Therapy Examiners
Chapter 362.
Definitions
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §362.1, concerning Definitions, with changes to the
proposed text as published in the July 22, 1997, issue of the
Texas Register
(22 TexReg 6848).
Changes were made to the proposed definitions of "Provisional License",
"Regular License", and "Temporary License". The changes are not substantive,
but clarify that the definitions of the various licenses refer to licenses
issued by TBOTE, without implying a residency requirement.
This amended section is being adopted to clarify that Texas licensure is
the critical factor in determining who may practice Occupational Therapy
in Texas and remove unnecessary references and connections to the national
body that administers examinations in the field of occupational therapy.
This amended section does the following:
1. Removes the requirement that persons holding regular or provisional
licenses must be certified by the National Board for Certification in Occupational
Therapy (NBCOT). Licensees must pass the national examination, but need not
maintain national certification.
2. Provides definitions of "Licensed Occupational Therapist", ("LOT") and
"Licensed Occupational Therapy Assistant", ("LOTA") as terms that may used
only by persons holding appropriate regular or provisional licenses in Texas,
and who may practice occupational therapy or represent themselves as occupational
therapists or assistants with full rights.
3. Modifies the definitions of "Occupational Therapist, Registered (OTR)"
and "Certified Occupational Therapy Assistant (COTA)" as alternate terms
for persons holding regular or provisional licenses in Texas, and making
the licensee responsible for meeting any other qualifications for using those
terms.
4. Changes various references to "Occupational Therapist, Registered",
"OTR", "Certified Occupational Therapy Assistant" or "COTA" to include those
terms and the newly authorized terms "Licensed Occupational Therapist", "LOT",
"Licensed Occupational Therapy Assistant" or "LOTA". These changes are consistent
with the addition of the new terms described in 1 and 2.
5. References to "NBCOT examination", "certification examination", and
"national examination" are changed to "Examination". "Examination" in turn
is redefined as that required by the act and, currently, as the initial certification
examination given by NBCOT. These changes make no change in the requirements
for examination or licensure, but simplify reference to the examination.
6. The definition of "practice" has been modified to clarify that only
persons holding valid licenses may practice Occupational Therapy in Texas.
Comments were received regarding amendment of this section from individuals.
Following is a summary of those comments:
1. Define the right to use "Occupational Therapist, Registered", "OTR",
"Certified Occupational Therapy Assistant" and "COTA" in the same language
as that used in the original AOTCB petition for certification. The commenter
felt this would assure all current OTRs and COTAs the right to use the terms.
One commenter
2. Authorize the terms "Occupational Therapist, Licensed", ("OT/L") and
"Occupational Therapy Assistant, Licensed", ("OTA/L"), rather than "Licensed
Occupational Therapist" ("LOT") and "Licensed Occupational Therapy Assistant"
("LOTA"). Three written commenters, several informal verbal commenters.
3. Definitions for Regular, Provisional and Temporary licenses use the
language "in the state of Texas" in a way that may be confusing. It appears
to refer to residents only. Two commenters
4. Expressed support for any action by the board to assure that licensed
individuals could practice without paying additional fees to a national organization.
One commenter.
Comments for and against the rule were made by individuals.
This agency responds:
1. The rule changes are designed to remove TBOTE from issues concerning
the right to use the terms "Occupational Therapist, Registered", "OTR", "Certified
Occupational Therapy Assistant" and "COTA". As long as an individual holds
a valid Texas license, the board is not concerned with that individual's
other right to use the terms "Occupational Therapist, Registered", "OTR",
"Certified Occupational Therapy Assistant" or "COTA". Therefore, the board
did not change the definitions of "OTR" and "COTA" to reflect any other standards.
2. The Texas OT Practice Act specifically mentions the terms "LOT" and
"LOTA" and prohibits non-licensed persons from using those terms. There is
no question of the Board's right to limit the use of those terms to persons
holding licenses. Therefore, the Board retained the use of the terms "LOT"
and "LOTA", rather than "OT/L" and "OTA/L", which are not specifically mentioned
in the Act.
3. Definitions of Regular, provisional and temporary licenses were modified
to clarify that the term refers to a license issued by TBOTE, removing the
language that seems to refer to residents only.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
§362.1. Definitions.
The following words and terms, when used in these rules, shall have
the following meanings, unless the context clearly indicates otherwise.
Act
- The Occupational Therapy Practice Act, Texas Civil Statutes,
Article 8851.
AOTA
- American Occupational Therapy Association.
Applicant
- A person who applies for a license to the Texas
Board of Occupational Therapy Examiners.
Application Review Committee
- Reviews and makes recommendations
to the board concerning applications which require special consideration.
Board
- The Texas Board of Occupational Therapy Examiners
(TBOTE).
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.
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).
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.
Complete Application
- Notarized application form with photograph,
license fee, and all other required documents.
Complete Renewal
- Contains renewal fee, continuing education
record card (if applicable), home/work address(es) and phone number(s), and
supervision form (if applicable).
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.
Continuing Education Committee
- Reviews and makes recommendations
to the board concerning continuing education requirements and special consideration
requests.
Continuing Supervision, OT
- Includes frequent, face-to-face
meetings which occur at the worksite of the temporary licensee and regular
interim communication between the supervising OTR or LOT and the temporary
licensee by telephone, written report, or conference. The contact must occur
at the worksite of the temporary licensee at minimum on a weekly basis.
Continuing Supervision, OTA
- Includes frequent, face-to-face
meetings which occur at the worksite of the temporary licensee and regular
interim communication between the supervising OTR or LOT and the temporary
licensee by telephone, written report, or conference. The contact must occur
at the worksite of the temporary licensee at minimum on a weekly basis. Sixteen
hours of supervision per month must be documented and can include the minimum
weekly supervisory contacts made at the worksite of the temporary licensee.
Coordinator of Occupational Therapy Program
- The employee
of the Executive Council who carries out the functions of the Texas Board
of Occupational Therapy Examiners.
Direct Service
- Refers to the provision of occupational therapy
services to individuals to develop, improve, and/or restore occupational
functioning.
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.
Examination
- The Examination as provided for in §17
of the Act. The current Examination is the initial certification Examination
given by the National Board for Certification in Occupational Therapy (NBCOT).
Executive Council
- The Executive Council of Physical Therapy
and Occupational Therapy Examiners.
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.
First Available Examination
- Refers to the first scheduled
Examination after successful completion of all educational requirements.
General Supervision
- Includes frequent, weekly face-to-face
meetings at the worksite and regular interim communication between the OTR
or LOT and the COTA or LOTA by telephone, written report, or conference.
Investigation Committee
- Reviews and makes recommendations
to the board concerning complaints and disciplinary actions regarding licensees
and facilities.
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.
License
- Document issued by the Texas Board of Occupational
Therapy Examiners which authorizes the practice of occupational therapy in
Texas.
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.
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.
Medical Condition
- A condition of acute trauma, infection,
disease process, psychiatric disorders, addictive disorders, or post surgical
status where prudence and custom require the services of a physician.
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.
NBCOT (formerly AOTCB)
- National Board for Certification
in Occupational Therapy (formerly American Occupational Therapy Certification
Board).
Non-Medical Condition
- A condition where the ability to perform
occupational roles is impaired by developmental disabilities, learning disabilities,
the aging process, sensory impairment, psycho-social dysfunction, or other
such conditions which does not require the routine intervention of a physician.
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.
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.
Occupational Therapy
- The evaluation and treatment of individuals
whose ability to perform life roles is threatened or impaired by developmental
deficits, the aging process, environmental deprivation, sensory impairment,
physical injury or illness, or psychological or social dysfunction. Occupational
therapy utilizes therapeutic goal-directed activities to evaluate, prevent,
or correct physical, mental, or emotional dysfunction or to maximize function
in the life of the individual. Such activities are applied in the treatment
of patients on an individual basis, in groups, or through social systems,
by means of direct or monitored treatment or consultation.
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.
OT Aide or OT Orderly
- A person who aids in the practice
of occupational therapy and whose activities require on-the-job training
and on-site supervision by an OTR, LOT, COTA or LOTA.
Physician
- An individual licensed by the Texas State Board
of Medical Examiners, e.g., Medical Doctors (M.D.) and Doctors of Osteopathy
(D.O.).
Place(s) of Business
- Any facility in which a licensee practices.
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.
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.
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.
Regular License
- A license issued by TBOTE to an applicant
who has met the academic requirements and who has passed the Examination.
Rules
- Refers to the TBOTE Rules.
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.
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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713638
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §365.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §365.1, concerning Types of Licenses, without changes
to the proposed text as published in the July 22, 1997, issue of the
This amended section is being adopted to clarify licensure requirements
for person who have not recently practiced and to reflect the availability
of new titles for licensees.
This amended section does the following:
1. Requires that persons who do not apply for licensure nor practice in
another state for more than 12 months after taking the examination must be
referred to the application review committee.
2. Shortens all references to "certification examination" or "NBCOT examination"
to simply "Examination".
3. Changes various references to "Occupational Therapist, Registered",
"OTR", "Certified Occupational Therapy Assistant" or "COTA" to include those
terms and the newly authorized terms "Licensed Occupational Therapist", "LOT",
"Licensed Occupational Therapy Assistant" or "LOTA". This change reflects
the availability of both titles for persons holding regular or provisional
licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713639
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §369.3
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §369.3, concerning Use of Titles, without changes to
the proposed text as published in the July 22, 1997, issue of the
Texas Register
(22 TexReg 6851).
This amended section is being adopted to identify professional titles which
may be used by TBOTE licensees and may not be used by other persons.
This amended section does the following:
1. Clarifies that only individuals holding valid Texas licenses may use
certain Occupational therapy terms
2. Allows for the use of the terms "Licensed Occupational Therapist", ("LOT")
and "Licensed Occupational Therapy Assistant", ("LOTA") by persons holding
regular or provisional licenses in Texas.
3. Provides that persons who use the terms "OTR" or "COTA" are responsible
for ensuring that they may any additional qualifications (other than Texas
licensure) for those terms.
4. Prohibits person who do not hold occupational therapy licenses from
using any terms implying that they are qualified to provide occupational
therapy in Texas.
Comments were received regarding amendment of this section:
1. Authorize the terms "Occupational Therapist, Licensed", ("OT/L") and
"Occupational Therapy Assistant, Licensed", ("OTA/L"), rather than "Licensed
Occupational Therapist" ("LOT") and "Licensed Occupational Therapy Assistant"
("LOTA"). Three written commenters, several informal verbal commenters.
2. Expressed support for any action by the board to assure that licensed
individuals could practice without paying additional fees to a national organization.
One commenter.
Comments for and against the rule were made by individuals.
This agency responds:
The Texas OT Practice Act specifically mentions the terms "LOT" and "LOTA"
and prohibits non-licensed persons from using those terms. There is no question
of the Board's right to limit the use of those terms to persons holding licenses.
Therefore, the Board retained the use of the terms "LOT" and "LOTA", rather
than "OT/L" and "OTA/L", which are not specifically mentioned in the Act.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713640
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §370.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §370.1, concerning License Renewal, without changes
to the proposed text as published in the July 22, 1997, issue of the
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713736
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §371.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §371.1, concerning Inactive Status, without changes
to the proposed text as published in the July 22, 1997, issue of the
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713641
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §371.2
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §371.2, concerning Retiree Status, without changes to
the proposed text as published in the July 22, 1997, issue of the
Texas Register
(22 TexReg 6853).
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section:
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713643
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §372.1, concerning Provision of Services, without changes
to the proposed text as published in the July 22, 1997, issue of the
This amended section is being adopted to require that the entire process
of occupational therapy be under the control of licensed OT practitioners.
This amended section requires the following:
1. Screening and evaluation must be conducted by licensed OT practitioners.
2. OT must be provided in accord with a plan of care developed by an OTR
or LOT.
3. The plan of care may be interdisciplinary, but the OT components must
be clearly identified.
4. Only OT licensees or persons trained by OT licensees may carry out an
OT Plan of Care.
5. An OTR or LOT may discharge a patient from OT services.
In addition, various references to "Occupational Therapist, Registered",
"OTR", "Certified Occupational Therapy Assistant" or "COTA" are changed to
include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713644
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §373.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §373.1, concerning Supervision, with changes to the
proposed text as published in the July 22, 1997, issue of the
Texas Register
(22 TexReg 6854). In subsection (b)(1)(D), the placement
of a quotation mark is changed from the proposed version.
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas. For simplicity, references to the "COTA/OTA
Supervisory Log" are changed to "Occupational Therapy Supervisory Log".
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
§373.1. Supervision.
(a)
Occupational Therapists, Registered or Licensed Occupational
Therapists (OTRs or LOTs) are fully responsible for the planning and delivery
of occupational therapy services.
(1)
The supervising OTR or LOT has overall responsibility for
providing the supervision necessary to protect the health and welfare of
the consumer receiving OT services from a COTA, LOTA, temporary licensee,
or OT aide or orderly.
(2)
OTRs or LOTs must ensure that tasks appropriate for
a COTA, LOTA or temporary licensee are not delegated to persons without current
licenses.
(3)
However, this does not absolve the COTA, LOTA or temporary
licensee from his or her professional responsibilities.
(b)
Supervision of COTAs.
(1)
The OTR or LOT shall delegate responsibilities to the COTA
or LOTA that are within the scope of his or her training.
(2)
A COTA or LOTA shall provide occupational therapy
services only under the general supervision of a licensed OTR or LOT. (See
Chapter 362 of this title (relating to Definitions))
(A)
A minimum of eight hours of supervision per month for
full time COTAs or LOTAs must be documented on an "Occupational Therapy Supervision
Log" prescribed by the board. COTAs and LOTAs employed part time shall prorate
the required supervision.
(i)
The "Occupational Therapy Supervision Log" must be kept
by the COTA or LOTA and a copy of this form must be maintained by the facility
where the COTA or LOTA provides services. One "Occupational Therapy Supervision
Log" must be completed for each separate employer.
(ii)
The "Occupational Therapy Supervision Log" must be submitted
to TBOTE with the COTA's or LOTA's renewal application.
(B)
The manner of supervision shall depend on the treatment
setting, patient/client caseload, and the competency of the COTA or LOTA
as determined by the supervising OTR or LOT.
(C)
The supervising OTR or LOT need not be physically present
or on the premises at all times.
(3)
A COTA or LOTA may initiate and perform the screening
process and collect information for the OTR's or LOT's review. The OTR or
LOT is responsible for determining if intervention is needed and if a physician's
referral is required for evaluation and/or occupational therapy intervention.
(4)
An OTR or LOT is responsible for completing the patient's
evaluation/assessment. The supervising OTR or LOT may delegate any evaluative
task to a COTA or LOTA that the OTR or LOT and COTA or LOTA agree is within
the competency level of that COTA or LOTA.
(5)
An OTR or LOT is responsible for developing and modifying
the patient's treatment plan. The treatment plan must include the following
components: goals, interventions/modalities, frequency, and duration.
(6)
An OTR or LOT assumes responsibility for the patient's
discharge summary. The supervising OTR or LOT may delegate any discharge-related
task to a COTA or LOTA that the OTR or LOT and COTA or LOTA agree is within
the competency level of that COTA or LOTA.
(7)
It is the responsibility of the OTR or LOT and the
COTA or LOTA to ensure that all documentation prepared by the COTA or LOTA
which becomes part of the patient's/client's permanent record is co-signed
by the supervising OTR or LOT. Occupational Therapy notes must be initialed
by the OTR or LOT and signed at the bottom of each page.
(8)
These rules shall not preclude the COTA or LOTA from
responding to emergency situations in the patient's condition which require
immediate action.
(c)
Supervision of an OT Aide or OT Orderly.
(1)
When an OTR, LOT, COTA and/or LOTA delegates OT tasks to
an aide or orderly, the OTR, LOT, COTA and/or LOTA is responsible for the
aide's actions during patient contact on the delegated tasks. The licensee
is responsible for ensuring that the aide is adequately trained in the tasks
delegated.
(2)
An OTR, LOT, COTA and/or LOTA using OT Aide or OT
Orderly personnel to assist with the provision of occupational therapy services
must provide close personal supervision in order to protect the health and
welfare of the consumer. (See Chapter 362 of this title (relating to Definitions))
(3)
Delegation of tasks to OT Aides or OT Orderlies.
(A)
The primary function of an OT Aide or OT Orderly functioning
in an occupational therapy setting is to perform designated routine tasks
related to the operation of an occupational therapy service. An OTR, LOT,
COTA and/or LOTA may delegate to an OT Aide or OT Orderly only specific tasks
which are not evaluative or recommending in nature, and only after insuring
that the OT Aide or OT Orderly has been properly trained for the performance
of the tasks. Such tasks include, but are not limited to:
(i)
routine department maintenance;
(ii)
transportation of patients/clients;
(iii)
preparation or setting up of treatment equipment and
work area;
(iv)
assisting patients/clients with their personal needs during
treatment;
(v)
assisting in the construction of adaptive equipment and
splints;
(vi)
clerical, secretarial, administrative activities;
(vii)
carrying out a predetermined segment or task in the patient's
care.
(B)
The OTR, LOT, COTA and/or LOTA shall not delegate to an
OT Aide or OT Orderly:
(i)
performance of occupational therapy evaluative procedures;
(ii)
initiation, planning, adjustment, modification, or performance
of occupational therapy procedures requiring the skills or judgment of an
OTR, LOT, COTA or LOTA;
(iii)
making occupational therapy entries directly in patients'
or clients' official records;
(iv)
acting on behalf of the occupational therapist in any
matter related to occupational therapy which requires decision making or
professional judgment.
(d)
Supervision of an occupational therapist or an occupational
therapy assistant with a temporary license.
(1)
Temporary Licenses:
(A)
A person issued a temporary occupational therapy license
must practice occupational therapy under the continuing supervision of an
OTR or LOT. (See Chapter 362 of this title (relating to Definitions))
(B)
A minimum of 16 hours of supervision per month for full
time OTAs must be documented on an "Occupational Therapy Supervision Log"
prescribed by the board. OTAs employed part time shall prorate the required
supervision. If the OTA is employed less than 20 hours per week, a minimum
of eight hours of supervision is required per month. The "Occupational Therapy
Supervision Log" must be kept by the OTA, and a copy of this form must be
maintained by the facility where the OTA provides services. One "Occupational
Therapy Supervision Log" must be completed for each separate employer.
(C)
The temporary licensee will certify to the board as to
the name, license number, and address of his or her supervisor on a form
provided by the board during the application process.
(D)
The temporary licensee must notify the board within 15
days of a change in the OTR or LOT supervisor.
(E)
The temporary licensee shall not supervise an occupational
therapy student, an occupational therapy assistant, or an OT Aide or OT Orderly.
(F)
All documentation completed by an individual holding a
temporary license which becomes part of the patient's/client's permanent
file must be co-signed by the supervising OTR or LOT. Occupational Therapy
notes must be initialed by the OTR or LOT and signed at the bottom of each
page.
(2)
Provisional Licenses:
(A)
OTRs and LOTs with provisional licenses are excluded from
supervision requirements.
(B)
COTAs and LOTAs with provisional licenses will require
general supervision by a licensed OTR or LOT.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713645
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §374.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §374.1, concerning Disciplinary Actions, without changes
to the proposed text as published in the July 22, 1997, issue of the
This amended section is being adopted to improve the board's disciplinary
action process.
This amended section makes the following changes:
1. Allows the board to refuse to issue a license as a part of its overall
disciplinary action function.
2. Reference to "NBCOT examination", is changed to "Examination". "Examination"
This change makes no change in the requirements for re-licensure of a person
whose license was revoked, but simplifies reference to the examination.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713646
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §376.1
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §376.1, concerning Definitions, without changes to the
proposed text as published in the July 22, 1997, issue of the
Texas Register
(22 TexReg 6856).
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713647
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §376.3
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §376.3, concerning Requirements for Registration Application,
without changes to the proposed text as published in the July 22, 1997, issue
of the
Texas Register
(22 TexReg 6857).
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding amendment of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713648
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
40 TAC §376.4
The Texas Board of Occupational Therapy Examiners adopts
an amendment to §376.4, concerning Requirements for Registered Facilities,
without changes to the proposed text as published in the July 22, 1997, issue
of the
Texas Register
(22 TexReg 6857).
This amended section is being adopted to ensure consistency in the use
of professional titles throughout the rules.
This amended section changes various references to "Occupational Therapist,
Registered", "OTR", "Certified Occupational Therapy Assistant" or "COTA"
to include those terms and the newly authorized terms "Licensed Occupational
Therapist", "LOT", "Licensed Occupational Therapy Assistant" or "LOTA". This
change reflects the availability of both titles for persons holding regular
or provisional licenses in Texas.
No comments were received regarding the amendment to this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, 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.
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.
Issued in Austin, Texas, on October 15, 1997.
TRD-9713649
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: November 4, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900
Chapter 815.
Unemployment Insurance
Chapter 365.
Types of Licenses
Chapter 369.
Display of Licenses
Chapter 370.
License Renewal
Chapter 371.
Inactive/Retiree Status
Chapter 372.
Provision of Services
Chapter 373.
Supervision
Chapter 374.
Disciplinary Actions/Complaints/Code of Ethics
Chapter 376.
Registration of Facilities
Part XX.
Texas Workforce Commission