Part I.
Texas Department of Human Services
Chapter 48.
Community Care for Aged and Disabled
Case Management
40 TAC §48.3901
The Texas Department of Human Services (DHS) proposes an
amendment to §48.3901, concerning application for services, in its Community
Care for Aged and Disabled (CCAD) chapter. The purpose of the amendment is
to clarify the amount of time allowed to establish program eligibility.
Terry Trimble, interim commissioner, has determined that for the first
five-year period the proposed section will be in effect there will be no
fiscal implications for state or local government as a result of enforcing
or administering the section.
Mr. Trimble also 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 will be public access to correct information. There will be no
effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Beverly
Garrett at (512) 438-3140 in DHS's Client Eligibility section. Written comments
on the proposal may be submitted to Supervisor, Rules Unit, Media and Policy
Services-092, Texas Department of Human Services E-205, P.O. Box 149030,
Austin, Texas 78714-9030, within 30 days of publication in the
Texas Register
.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority to
administer public and medical assistance programs and under Texas Government
Code, §531.021, which provides the Health and Human Services Commission
with the authority to administer federal medical assistance funds.
The amendment implements §§22.001-22.030 and §§32.001-
32.041 of the Human Resources Code.
§48.3901. Application for Services.
(a)-(c)
(No change.)
(d)
Eligibility for CCAD services for
income-eligible applicants is determined within 30 calendar days after a
signed application is received. For categorically-eligible applicants, eligibility
must be determined within 30 calendar days after either the client's assessment
or face to face contact with the worker, whichever comes first. If the applicant
withdraws from the program before an assessment is completed or a face-to-face
interview is conducted, no further action is necessary.
[Eligibility
for services is determined within 30 calendar days after the signed application
is received by the department for verification of income/resources, or if
income/resources do not have to be verified, within 30 calendar days after
the client's assessment or client's contact with the worker, if the client
withdraws from the program before assessment is completed. The applicant/client
must provide all information requested by department staff for use in determining
eligibility. If the applicant/client fails to cooperate, he is not eligible
for services. Falsification of information is grounds for prosecution.]
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618583
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: March 1, 1997
For further information, please call: (512) 438-3765
Chapter 143.
Awards
Subchapter A. Funding Mechanisms
40 TAC §§143.1-143.12, 143.31, 143.32
The Texas Commission on Alcohol and Drug Abuse proposes new
§§143.1-143.12, 143.31, and 143.32, concerning procedures for awarding
funds for client services. The sections describe the allocation of funds,
establish parameters for selection criteria used to determine best value,
and describe the competitive funding process including advertisement, request
for proposals, application, application criteria and application information
requirements, screening, peer review, and funding decision procedures. Additional
sections explain conditions under which the commission may cancel a solicitation,
describe procedures used for emergency purchases, and explain limitations
on funding unsolicited proposals. These rules are proposed to implement changes
resulting from a comprehensive review of the commission's funding process.
They will replace rules currently proposed for repeal.
Terry Bleier, Executive Director, has determined that for the first five-year
period the new sections are in effect there will be no fiscal implications
for state or local government as a result of enforcing the new sections.
Ms. Bleier also has determined that for each year of the first five years
the new sections are in effect the public benefit anticipated as a result
of enforcing the new sections will be improved funding procedures which obtain
the best value for the state resources. There will be no effect on small
businesses. There are no anticipated economic costs to currently funded providers
who are required to comply with the new sections as proposed.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The new sections are proposed under the Texas Health and Safety
Code, §461.012(15), which provides the Texas Commission on Alcohol and
Drug Abuse with the authority to adopt rules governing the functions of the
commission, including rules that prescribe the policies and procedures followed
by the commission in administering any commission programs.
The code affected by the new sections is the Texas Health and Safety Code,
Chapter 461.
§143.1. Applicability.
The rules in this chapter apply to actions occurring after the date
of adoption which pertain to funds allocated for client services in Fiscal
Year 1998 and beyond that have not been exempted through an executive order
identifying the reason for the exception and the procedures to be applied.
§143.2. Allocation of Funds.
Funds available for regional services are allocated to each of the
11 Health and Human Services Commission (HHSC) regions through a formula
approved by the board of commissioners.
Funds are regionally allocated for general adult treatment, court commitment
services, youth prevention, and youth treatment. An executive order will
be issued annually describing services for which funds will not be allocated
regionally.
The commission establishes restrictions and stipulations needed to fulfill
state and federal funding mandates. The commission notifies the Regional
Advisory Consortia (RAC) of estimated available funds and any restrictions
and stipulations. The Regional Advisory Consortia have an opportunity to
request recommendations regarding service needs and priorities unless the
funds must be dispersed immediately. The commission considers RAC recommendations
when it develops the statements of work and selection criteria for regional
requests for proposal.
§143.3. Selection Criteria.
The commission develops selection criteria for each request for proposals
which reflect applicable state and federal mandates. Selection criteria are
designed to select applications which provide best overall value to the state.
The award criteria include: program quality as determined by the peer review
process; and the cost of proposed service. The commission may consider
additional factors in determining best value, including: financial ability
to perform services; state and community investment; regional service needs
and priorities; access for underserved areas and populations; ability to
provide service continuity; and past performance and compliance. Selection
criteria include the scoring system(s) to be used and the weight assigned
to each factor. Selection criteria are approved by the board of commissioners
and listed in the request for proposals.
§143.4. Advertisement.
The commission publishes a notice of the intent to purchase services
through a competitive process in the
Texas Register
. The notice includes: the service to be purchased; the geographic
area to be served; funding limitations; method of payment; contract period;
any limitations on who is eligible to submit an application; and the requirements
and deadline for submitting a letter of intent. In order to be eligible
to compete, applicants who are not already funded by the commission must
submit specified documents with the letter of intent that demonstrate the
applicant's financial ability to perform to services. The commission will
issue a request for proposals if at least two eligible applicants submit
a letter of intent by the specified deadline.
§143.5. Request for Proposals (RFP).
The request for proposals includes: goals describing the purpose of
the funds; a clear and accurate description of the services to be purchased;
all requirements that must be met for an application to be considered;
an estimate of the funds available; applicable priorities and restrictions;
application forms, procedures, and timeframes; and the selection criteria
and the process used to evaluate proposals and select award recipients.
For regional funds, the request for proposals is targeted to individual Health
and Human Services Commission regions. The goals and statement of work address
regional needs and priorities established by the Regional Advisory Consortia.
§143.6. Application.
An organization shall apply for funding using forms and procedures
specified by the commission. The application shall be signed by the organization's
authorized official.
Applicants seeking financial assistance from the commission shall comply
with the Texas Review and Comment System (TRACS) as described in the request
for proposal. A favorable Texas Review and Comment System recommendation
is not required for applicants to submit proposals to the commission.
Applications shall be submitted by mail or in person. The commission does
not accept applications by facsimile.
Applications shall be received at the commission by the date and time stated
in the request for proposal. The commission will not consider any material
related to an application (except for Texas Review and Comment System comments)
that is received after the due date.
§143.7. Application Information.
The commission shall not fund an applicant who does not provide all
request information. An applicant shall disclose to the commission in writing
any pending or threatened litigation which might prevent the applicant from
meeting funding requirements, if funded. This includes but is not limited
to: an action, suit, or proceeding before any court or governmental body,
including environmental and civil rights matters; and employee labor disturbances.
All applicants shall supply the following information, if requested: identifying
information; documentation of legal basis for operation; ownership or control
information; information on business transactions and relationships; information
on financial status; and information on persons convicted of crimes.
§143.8. Application Criteria.
An application shall not be considered for competitive funding unless
the applicant meets the following criteria on the application due date and
continues to meet them throughout the selection and funding process.
The applicant shall be a legally established public, private nonprofit,
or for-profit organization. For-profit entities are only eligible to be considered
for funding to provide treatment services and shall not be funded through
a financial assistance payment mechanism.
Applicants seeking funding for treatment services shall be licensed to
provide the requested services (detox, residential, or outpatient) to the
proposed target population.
The applicant shall be in compliance with any commission agreed order.
The applicant shall have a Texas address. A post office box address may
be used when the application is submitted, but the applicant must be able
to conduct business out of a physical location in Texas before funds will
be released.
The applicant shall have a governing body that provides oversight which
is separate and different from staff who operate the program. Staff members,
including the executive director, shall not serve on the governing board.
The applicant shall be in good standing with any State or Federal agency
that has a contracting relationship with the applicant. If a State or Federal
agency has suspended or terminated an applicant's award within the last 12
months for deficiencies in performance of the award, that applicant is not
eligible to apply through a request for proposals unless all issues have
been satisfactorily resolved as demonstrated by written documentation from
the State or Federal agency. Additionally, an applicant is not eligible if
it is debarred from participation in federal assistance programs.
Applicants who have previously been funded by the commission shall be in
compliance with the following requirements:
if the applicant has been suspended or terminated by the commission at
any time in the past all issues shall be satisfactorily resolved (demonstrated
by written documentation from the commission);
if the applicant owes a refund to the commission, the applicant shall be
on schedule with the terms of the repayment agreement;
the applicant shall have submitted an annual audit as required by the grant
agreement or contract and corrected all deficiencies or submitted a corrective
action plan that the commission has accepted.
The commission may establish additional eligibility standards in a request
for proposals or other form of solicitation.
Organizations that do not meet the application criteria may be considered
for developmental funds if such funds become available, provided the organization
has corrected identified deficiencies.
Providers shall continue to meet application criteria after funds are awarded
or be subject to sanctions.
The commission may deny funding to an applicant if any person who has an
ownership or controlling interest in the provider organization, or who is
an agent or managing employee of the provider, has been convicted of a criminal
offense related to involvement in any program established under Medicare,
Medicaid, or the Title XX block grant.
The commission may refuse to fund an applicant who cannot demonstrate that
the location where services will be provided is in compliance with all applicable
local and state zoning, building, health, fire, and safety standards.
§143.9. Screening.
Commission staff screen the applications for completeness and conduct
an evaluation using application criteria stated in the request for proposals.
An application shall meet all application criteria to qualify for further
consideration.
The commission notifies applicants eliminated through the screening process
within 45 days of the submission deadline.
§143.10. Peer Review.
The commission uses peer reviewers to evaluate the quality of applications.
The commission solicits applications from professionals outside Texas to
serve as peer reviewers. Peer reviewers shall demonstrate appropriate training
and experience and shall not have a conflict of interest.
The commission provides written procedures and training for all peer reviewers.
The peer reviewers score each application according to the review criteria
stated in the request for proposal.
§143.11. Funding Decisions.
The commission applies the selection criteria to determine which applications
will be funded.
Lobbying of commission staff or commissioners is prohibited.
The commission sends successful applicants written notice within 30 days
of the funding decision.
The commission may negotiate with selected applicants to determine the
terms of the award. To receive an award, the applicant shall accept any additional
or special terms and conditions listed in the grant award notice and any
changes in the funding application. Terms and conditions shall be limited
to items required to ensure compliance with requirements stated in the request
for proposals and applicable commission rules.
A provider shall not enter into an agreement with the commission if legal
action that might impact the provider's ability to meet the requirements
of the award is pending or threatened.
The commission notifies unsuccessful applicants in writing within 30 days
of the funding decision. Upon written request, the commission will provide
written feedback on unsuccessful proposals within 30 days of receipt of the
written request. If this time frame cannot be met the applicant will be informed
of the date of response.
Applicants shall not make public announcements about the commission funds
until they have received written award notification from the commission.
§143.12. Cancellation or Suspension of Solicitation.
The commission has the right to reject all offers and cancel a solicitation.
Reasons for cancellation include: the specifications given in the request
for proposals were inaccurate, inadequate, or ambiguous; the services are
no longer required; the offers received indicated that the services can
be purchased by a less expensive method; evidence is received that the bids/offers
are collusive or were submitted in bad faith; none of the applicants are
considered responsive; and funds are no longer available.
§143.31. Emergency Purchase.
Emergency treatment services may be purchased from licensed treatment
providers on a non-competitive basis when clients will suffer adverse consequences
unless services are secured immediately. The executive director shall approve
the transaction, including a statement of justification which: describes
the emergency situation and what caused it; describes the damage that will
occur if needs are not satisfied immediately; and states why the needs were
not or could not be anticipated. The initial funding period shall last no
longer than 90 days. Funding can be approved for additional 90-day periods
until the emergency no longer exists or a provider is selected through other
procedures as provided in this chapter. The commission has no real or implied
commitment to the provider for on-going contractual obligations. During
the first 90-day period, the commission will evaluate the provider in relation
to federal and state requirements and its own application criteria. If the
provider does not meet relevant requirements or the commission's application
criteria, the commission will terminate the services as soon as possible.
Upon approval by the executive director of an emergency services transaction,
the commission shall promptly initiate procedures to secure the needed services
on a long-term basis.
§143.32. Unsolicited Proposals.
The commission's executive director may authorize funding for unsolicited
proposals when sufficient and proper funds are available. Unsolicited proposals
are accepted only for prevention services. Total cost shall not exceed $25,000
and the project shall be completed within a 12-month period. Unsolicited
proposals do not include late or advance proposals for known commission requirements
that can be obtained through standard procedures. Ongoing programs are not
eligible for awards through this process.
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.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618399
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609
40 TAC §§143.11-143.14, 143.16, 143.17
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§143.11-143.14, 143.16 and 143.17, concerning procedures
for awarding funds for services. These sections describe methods of purchase,
competitive negotiation, noncompetitive negotiation, unsolicited proposals,
categorical awards, and emergency purchase procedures. The repeal is proposed
to allow adoption of new funding rules.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of redundant rules. There will be no effect on small businesses. There are
no anticipated economic costs to currently funded providers who are required
to comply with the proposed repeal.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Health and
Safety Code, §461.012(15), which provides the Texas Commission on Alcohol
and Drug Abuse with the authority to adopt rules governing the functions
of the commission, including rules that prescribe the policies and procedures
followed by the commission in administering any commission programs.
The code affected by the repealed sections is the Texas Health and Safety
Code, Chapter 461.
§143.11. Methods of Purchase.
§143.12. Competitive Negotiation.
§143.13. Noncompetitive Negotiation.
§143.14. Unsolicited Proposals.
§143.16. Categorical Awards.
§143.17. Emergency Purchase.
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.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618396
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609
40 TAC §§143.21, 143.23-143.25
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§143.21 and 143.23-143.25, concerning procedures for
awarding funds for services. These sections describe eligibility criteria,
required application information, requirements for compliance with other
agencies, and provisions regarding litigation. The repeal is proposed to
allow adoption of new funding rules.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of redundant rules. There will be no effect on small businesses. There are
no anticipated economic costs to currently funded providers who are required
to comply with the proposed repeal.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Health and
Safety Code, §461.012(15), which provides the Texas Commission on Alcohol
and Drug Abuse with the authority to adopt rules governing the functions
of the commission, including rules that prescribe the policies and procedures
followed by the commission in administering any commission programs.
The code affected by the repealed sections is the Texas Health and Safety
Code, Chapter 461.
§143.21. Eligibility Criteria.
§143.23. Application Information.
§143.24. Compliance with Other Agencies.
§143.25. Litigation.
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.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618397
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609
40 TAC §§143.31-143.46
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§143.31-143.46, concerning procedures for awarding funds
for services. These sections describe the competitive funding process, including
award criteria, request for proposals, conditions for cancellation or suspension
of solicitation, provisions regarding competition and collusion, advertisement,
procedures for obtaining information about the funding process, application
process, the Texas Review and Comment System Review, screening, internal
review, peer review, funding decisions, negotiation, acceptance, funding
announcements, and notification of unsuccessful applicants. The repeal is
proposed to allow adoption of new funding rules.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of redundant rules. There will be no effect on small businesses. There are
no anticipated economic costs to currently funded providers who are required
to comply with the proposed repeal.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Health and
Safety Code, §461.012(15), which provides the Texas Commission on Alcohol
and Drug Abuse with the authority to adopt rules governing the functions
of the commission, including rules that prescribe the policies and procedures
followed by the commission in administering any commission programs. The
code affected by the repealed sections is the Texas Health and Safety Code,
Chapter 461.
§143.31.Award Criteria.
§143.32. Request for Proposals (RFP).
§143.33.Cancellation or Suspension of Solicitation.
§143.34.Competition and Collusion.
§143.35.Advertisement of Solicitation.
§143.36.Information about the Funding Process.
§143.37.Application.
§143.38. Texas Review and Comment System (TRACS) Review.
§143.39.Screening.
§143.40.Internal Review.
§143.41.Peer Review.
§143.42.Funding Decisions.
§143.43.Negotiation.
§143.44.Acceptance.
§143.45.Funding Announcements.
§143.46.Notification of the Unsuccessful Applicant.
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.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618398
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 349-6609
Chapter 362.
Definitions
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §362.1, concerning Definitions by adding a new definition
of screening. The new definition for "screening" has been added to clarify
the difference between a screening and an evaluation. These terms are used
in §373.1, concerning Supervision.
John Maline, Executive Director of the Executive Council of Physical Therapy
and Occupational Therapy Examiners, has determined that for the first five-year
period the proposed amendment is in effect there will be no affect on state
or local government.
Mr. Maline also has determined that for each year of the first five years
the proposed amendment is in effect the public benefit anticipated as a result
of enforcing the rule will be more clarity of the difference between screening
and evaluation in occupational therapy. There will be no effect on small
businesses. There is no anticipated economic cost to persons having to comply
with the proposed amendment.
Comments on the proposed rule may be submitted to Alicia Dimmick Essary,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas 78701.
The amendment is proposed under the Occupational Therapy Practice
Act, Texas Civil Statutes, Article 8851, which provide 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.
Texas Civil Statutes, Article 8851 is affected by the proposed amendment.
§362.1. Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
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.
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.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618382
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-6900
40 TAC §365.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §365.1 concerning, Types of Licenses to clarify and
simplify requirements for regular, provisional, temporary and extended temporary
licenses. Individuals who qualify for a regular license will be able to receive
one when they first apply. Provisional licenses will be issued only when
the initial application documents are incomplete. The changes also define
circumstances when a second temporary license may be issued and changes references
to the American Occupational Therapy Certification Board (AOTCB) to National
Board for Certification in Occupational Therapy (NBCOT).
John Maline, Executive Director of the Executive Council of Physical Therapy
and Occupational Therapy Examiners, has determined that for the first five-year
period the proposed amendment is in effect there will be no affect on state
or local government.
Mr. Maline also has determined that for each year of the first five years
the proposed amendment is in effect the public benefit anticipated as a result
of enforcing the rule will be simpler requirements for license application,
making it easier for qualified persons to obtain licenses. There will be
no effect on small businesses. There is no anticipated economic cost to persons
having to comply with the proposed amendment.
Comments on the proposed rule may be submitted to Alicia Dimmick Essary,
OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,
Suite 2-510, Austin, Texas 78701.
The amendment is proposed under the Occupational Therapy Practice
Act, Texas Civil Statutes, Article 8851, which provide 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.
Texas Civil Statutes, Article 8851 is affected by the proposed amendment.
§365.1. Types of Licenses.
(a)
The board issues three types of licenses: a regular license,
a temporary license, and a provisional license.
(b)
Regular License:
[A regular
license (renewable yearly) may be issued to an applicant who has met the
academic requirements and passed the AOTCB certification examination. Application
for regular license must be made within 12 months of having passed the certification
examination. If practicing under a temporary license, a regular license must
be requested after passage of the certification examination.]
(1)
A
regular license may be issued to an applicant who has met the academic requirements
and passed the NBCOT certification examination, submitted a complete application
with the required fees and now meets at least one of the following criteria:
(A)
The
applicant passed the NBCOT examination within the 12 months immediately before
the receipt date of current, complete application for licensure with TBOTE;
or
(B)
The
applicant has a current, valid license to practice as an OTR or COTA in another
state, the District of Columbia, or a territory of the United States that
has licensing requirements that are substantially equivalent to the requirements
of the Texas Occupational Therapy Practice Act, and has been employed as
an OTR or COTA in that jurisdiction within five years from the receipt date
of current, complete application for licensure with TBOTE; or
(C)
The
applicant has been employed as an OTR or COTA within the past six months
of the receipt date of current, complete application for licensure with TBOTE
in a non-licensing state, foreign country, or state or federal government
facility which does not require a license or other form of registration;
or
(D)
The
applicant has been employed as an OTR or COTA within five years of the receipt
date of current, complete application for licensure with TBOTE.
(i)
Previous
OT employment may be in Texas, another state, a foreign country, or state
or federal government facility which does not require a license or other
form of registration.
(ii)
Applicants returning to practice shall complete extra hours of continuing
education within a specified period of time as determined by the Coordinator
of the Occupational Therapy Program. Such hours are in addition to those
required by Chapter 367, Continuing Education.
(2)
The regular license is valid from the date of issuance until the last day
of the applicant's next birth month. If the applicant's birth month is within
90 days after the license is issued, the license will be valid until the
last day of the following birth month in the next year. For example: If the
license is issued in January 1997, and the applicant's birthday is in March,
the license will be valid until March 1998. On the other hand, if the license
is issued in January 1997 and the applicant's birthday is in July, the license
will be valid until July 1997.
(c)
Temporary License.
[There
are two types of temporary licenses.]
(1)
There
are two types of temporary licenses.
(A)
[(1)] Temporary License Pending
Examination—The applicant meets all the qualifications for a license
except taking the first available
NBCOT
[AOTCB]
examination after completion of all educational requirements. Continuing
supervision by a licensed OTR is required while holding this type of license.
The temporary license expires upon notification to the board of failure to
pass the certification examination and must be returned to the board. No
second temporary licenses are issued after failure of the certification examination.
(B)
[(2)] Temporary Extended
License — The applicant
has passed the NBCOT
examination
[is certified by the AOTCB] and has not been employed
as an OTR or COTA for five years or more from the receipt date of current,
complete application for licensure with TBOTE. A temporary license is issued
for a maximum of 12 months, during which time the
NBCOT
[AOTCB] examination must be taken. The temporary license will
be canceled if the applicant fails the certification examination and must
be returned to the board. The continuing supervision by a licensed OTR is
required, and the licensee shall complete additional hours of continuing
education within a specified period of time as determined by the Coordinator
of the Occupational Therapy Program.
(2)
The board may issue a regular license upon receipt of satisfactory evidence
that the applicant has passed the national examination. The regular license
will be valid until the end of the licensee's first birth month after the
expiration of the temporary license. The exception for licenses issued within
90 days of the licensee's birth month (described in subsection (b)(2) of
this section) does not apply in this case.
(d)
Provisional License.
(1)
If
an applicant for a regular license under subsection (b)(1)(B),(C) or (D)
of this section is unable to provide complete documentation that he or she
meets the qualification for a regular license, the board may issue a provisional
license.
(A)
The
applicant must provide satisfactory interim documentation, including evidence
of having passed the national examination.
(B)
The
provisional license will be valid for not more than 120 days.
(2)
Upon receipt of full documentation the board may issue a regular license.
In that case, the regular license will be valid until the end of the licensee's
first birth month after the expiration of the provisional license. The exception
for licenses issued within 90 days of the licensee's birth month (described
in subsection (b)(2) of this section) does not apply in this case.
[(1)
The applicant for a Provisional License must meet
one of the following:]
[(A)
The applicant is certified by the AOTCB, has a valid license
to practice as an OTR or COTA in another state, the District of Columbia,
or a territory of the United States that has licensing requirements that
are substantially equivalent to the requirements of Senate Bill 690, and
has been employed as an OTR or COTA in that state, District of Columbia,
or territory within five years from the receipt date of current, complete
application for licensure with TBOTE; or]
[(B)
The applicant is certified by the AOTCB and has been employed
as an OTR or COTA within the past six months of the receipt date of current,
complete application for licensure with TBOTE in a non-licensing state, foreign
country, or state or federal government facility which does not require a
license or other form of registration. No extra hours of continuing education
required; or]
[(C)
The applicant is certified by the AOTCB and has been employed
as an OTR or COTA within five years of the receipt date of current, complete
application for licensure with TBOTE in Texas, a non-licensing state, foreign
country, or state or federal government facility which does not require a
license or other form of registration. Such provisional licensees shall complete
extra hours of continuing education within a specified period of time as
determined by the Coordinator of the Occupational Therapy Program.]
(3)
[(2)] The applicant
must be sponsored by and practice with a person licensed by the board under
this Act.
(4)
[(3)] An applicant may
be excused from paragraph
(3)
[(2)] of this
subsection if it constitutes a hardship to the applicant.
A request for hardship exemption must be submitted in writing to the board.
[ Hardship is established by the employer stating in writing to the
board that the applicant is unable to secure a sponsor. If the applicant
is self-employed, a letter may be provided by the applicant to this effect.]
(e)
An application for a regular, temporary, or provisional
license will be referred to the Application Review Committee whenever additional
information, investigation, or study of the application is warranted.
(f)
An applicant
educated in Occupational
Therapy
[trained] outside the United States of America or its territories
may be issued a temporary license, not to exceed a duration of nine months,
upon approval from
NBCOT
[AOTCB] that the applicant
has met all the requirements to sit for the next available certification
examination.
(g)
A complete application must be received in the board's
office not later than 12 months after successfully passing the certification
examination.
If the application is received more than
12 months after the examination, the applicant may be required to complete
additional continuing education.
(h)
Any licensee holding a temporary, provisional, or regular
license who continues to practice as an OT, OTA, OTR, or COTA after the expiration
of his or her license will be subject to disciplinary action (refer to §374.1
of this title (relating to Disciplinary Actions)).
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.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618383
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 305-6900
Part III.
Texas Commission on Alcohol and Drug Abuse
Subchapter B. Eligibility
Subchapter C. Competitive Funding Process
Part XII.
Texas Board of Occupational Therapy Examiners
Chapter 365.
Types of Licenses
Chapter 373.
Supervision