Part 4.
TEXAS COMMISSION FOR THE BLIND
Chapter 159.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter A. GENERAL INFORMATION
40 TAC §159.8
The Texas Commission for the Blind proposes new §159.8
relating to Commission Vehicle Use. The rule is proposed to comply with Government
Code §2171.1045, which requires state agencies to adopt rules relating
to the assignment and use of the agency's vehicles. The rules are consistent
with the General Services Commission's State Vehicle Fleet Management Plan
and specifically address the requirements that: (1) vehicles are assigned
to the agency's motor pool and may be available for checkout; and (2) the
agency may assign a vehicle to an individual administrative or executive employee
on a regular or everyday basis only if there is a documented finding that
the assignment is critical to the needs and mission of the agency.
Alvin Miller, Chief Financial Officer, has determined that for the first
five years the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rule.
There are no anticipated costs to persons who are required to comply with
the rules as proposed.
Robert Packard, Deputy Director, Administrative Services, has determined
that the public benefit anticipated as a result of the rules as proposed will
be the adoption of provisions that conform to the Office of Fleet Vehicle
Management's State Vehicle Fleet Management Plan.
Comments on the proposed rule may be submitted to Jean Crecelius, Policy
and Rules Coordinator, Texas Commission for the Blind, 4800 North Lamar, Austin,
Texas 78756, or by e-mail to jean.crecelius@tcb.state.tx.us, or by fax (512)
377-2682. Comments must be received by the Commission no later than 30 days
from the date this proposal is published in the
Texas Register
.
The new section is proposed under Human Resources Code §91.011,
which authorizes the Commission to adopt rules prescribing the policies and
procedures followed by the commission in the administration of its programs,
as well as Texas Government Code §2171.1045.
The proposal affects no other sections.
§159.8.Assignment of Commission Vehicles.
(a)
Commission vehicles, with the exception of vehicles assigned
to field employees, shall be assigned to the agency motor pool and may be
available for checkout.
(b)
The Commission may assign a vehicle to an individual administrative
or executive employee on a regular or everyday basis only if the Commission
determines that the assignment is critical to the needs and mission of the
Commission. The determination shall be documented and maintained in writing.
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 February 6, 2001.
TRD-200100752
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 377-0611
Chapter 371.
INACTIVE/RETIREE STATUS
40 TAC §371.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §371.1 concerning Inactive Status. This amendment reorganizes
the chapter and removes the retired status, which is not recognized in the
Act.
John P. Maline, Executive Director of the Executive Council of Physical
and Occupational Therapy Examiners, has determined that for the first five-year
period the rule is in effect there will be a fiscal implications for state
or local government as a result of enforcing or administering the rule. That
change will be in the fee for going to inactive status and the renewal of
inactive status.
Mr. Maline has also determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of the rules and an elimination of a status
for which there is no statutory authority. There will be no effect on small
businesses. There are anticipated economic costs to persons who are required
to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite
20510, Austin, Texas 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§371.1.Inactive Status.
(a)
Inactive status indicates the voluntary
termination of the right to practice occupational therapy by a licensee in
good standing with the board. The board may allow an individual who is not
actively engaged in the practice of occupational therapy to put a license
on inactive status at the time of renewal. A licensee may remain on inactive
status for no more than three renewals or six consecutive years, and may not
represent him or herself as an Occupational Therapist or Occupational Therapy
Assistant.
[
[(1)
A written request to change a regular
license in good standing from active to inactive status must be postmarked
prior to the expiration date of the license. The request must include the
appropriate fee.]
[(2)
A licensee may remain on inactive status
for a period of no more than six consecutive years. A licensee must submit
a written petition to the board requesting an extension of inactive status
for more than six years.]
[(3)
A licensee requesting to re-enter active
status after more than six consecutive years without the prior approval of
the board may not renew his/her license. In order to obtain licensure, the
individual must again pass the Examination and comply with the requirements
and procedures for obtaining an extended temporary license.]
[(4)
A licensee on inactive status shall be
required to complete the continuing education renewal requirements of licensees
on active status.]
[(5)
A licensee on inactive status must complete
and return a board prepared jurisprudence examination. The test will be scored
by TBOTE staff. At least 70& of questions must be answered correctly in
order to achieve a passing score.]
[(6)
A licensee on inactive status will not
have to pay a renewal fee buy will have to pay an appropriate late fee if
he/she does not notify the board prior to the expiration of the license of
his/her intent to remain on inactive status. A licensee will have to pay a
fee to change to active status.]
[(7)
A licensee may not represent himself/herself
as an OTR, LOT, COTA or LOTA while on inactive status. A licensee retains
the right to represent himself/herself as having an inactive license.]
(b)
Required components to put an license
on inactive status are:
(1)
Signed renewal application form documenting completion
of the required continuing education as described in Chapter 367 of this title
(relating to Continuing Education); and
(2)
The inactive fee and any late fees which may be due.
(3)
A passing score on the jurisprudence exam
(c)
Requirements for renewal of inactive status.
An inactive licensee must renew the inactive status every 2 years. The components
required to maintain the inactive status are:
(1)
Signed renewal application form, documenting completion
of the required continuing education as described in Chapter 367 of this title;
and
(2)
The renewal fee and any late fees which may be due.
(3)
A passing score on the jurisprudence exam
(d)
Requirements for reinstatement to active
status. A licensee on inactive status may request to return to active status
at any time. After the licensee has submitted a complete application for reinstatement,
the board will send a renewal certificate for the remainder of the current
renewal period to the licensee.
(1)
The components required to return to active statues are:
(B)
The renewal fee and any late fees which may be due;
(A)
Signed renewal application form;
(C)
A passing score on the jurisprudence exam; and
(2)
If the licensee has not completed the required continuing
education, he or she may retake the national licensure exam.
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 February 7, 2001.
TRD-200100769
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 305-3962
40 TAC §371.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Occupational Therapy Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Occupational Therapy Examiners
proposes the repeal of §371.2 concerning Retiree Status. The repeal removes
the retired status as this status is not recognized in the Act.
John P. Maline, Executive Director of the Executive Council of Physical
and Occupational Therapy Examiners, 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 repealing the rule
Mr. Maline has also determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of repealing
the rule will be clarification of the rules and an elimination of a status
for which there is no statutory authority. There will be no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the repeal as proposed.
Comments on the proposed repeal may be submitted to Augusta Gelfand, OT
Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe
Street, Suite 20510, Austin, Texas 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The repeal is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by the repeal of this section.
§371.2.Retiree Status.
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 February 7, 2001.
TRD-200100770
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 305-3962
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners proposes
an amendment to §372.1 concerning Provision of Services. The amendment
is a reorganization of the chapter
John P. Maline, Executive Director of the Executive Council of Physical
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 has also determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be clarification of the rules. There will be no effect on small
businesses. There are anticipated economic costs to persons who are required
to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Augusta Gelfand, OT Coordinator,
Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite
20510, Austin, Texas 78701, (512) 305-6900, augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
§372.1.Provision of Services.
(a)
Medical Conditions
(1)
Treatment for a medical condition by an occupational therapy
professional requires a referral from a licensed referral source.
(2)
The referral may be an oral or signed written order. If
oral, it must be followed by a signed written order.
(3)
If a written referral signed by the referral source is
not received by the third treatment or within two weeks from receipt of the
oral referral, whichever is later, the therapist must have documented evidence
of attempt(s) to contact the referral source for the written referral (e.g.,
registered letter, fax, certified letter, email, return receipt, etc.) The
therapist must exercise professional judgement to determine cessation or continuation
of treatment with a receipt of the written referral.
(b)
Non-Medical Conditions
(1)
Consultation, monitored services, and evaluation for need
of services may be provided without a referral.
(2)
Non-medical conditions do not required a referral. However,
a referral must be request at any time during the evaluation or treatment
process when necessary to insure the safety and welfare of the consumer.
(c)
Screening/Plan of Care
(1)
Only an occupational therapist may provide the signed evaluation
and plan of care
(2)
Only an occupational therapist may initiate, develop or
modify or complete an occupational therapy plan of care. The occupational
therapist and occupational therapy assistant may work jointly to revise the
short-term goals, but the final determination resides with the occupational
therapist.
(3)
An occupational therapy plan of care may be integrated
into an interdisciplinary plan of care, but the occupational therapy goals
or objectives must be easily identifiable in the plan of care.
(4)
Only occupational therapy personnel licensed by The Texas
Board of Occupational Examiners (TBOTE) can implement the plan of care.
(5)
Only the occupational therapist or occupational therapy
assistant can train non-licensed personnel or family members to carry out
specific tasks that support the occupational therapy plan of care.
(6)
The occupational therapist may delegate to an occupational
therapy assistant the collection of data for the assessment. The occupational
therapist is responsible for the accuracy of the data collect by the assistant.
(7)
The occupational therapist is responsible for determining
whether intervention is needed and if a referral is required for evaluation
and/or occupational therapy intervention.
(8)
The occupational therapist must have face-to-face, real
time interaction with the patient or client during the evaluation process.
(9)
It is the occupational therapist's responsibility to ensure
that all documentation which becomes part of the patient's/client's permanent
record is approved and co-signed by the occupational therapist. Occupational
therapy notes must be initialed by the occupational therapist and signed on
the bottom of each page.
(d)
Discharge
(1)
Only the occupational therapist has the authority to discharge
patients from occupational therapy services. The discharge is based on whether
the patient or client has achieved predetermined goals, has achieved maximum
benefit from occupational therapy services; or when other circumstances warrant
discontinuation of occupational therapy services.
(2)
The occupational therapist is responsible for the content
and validity of the discharge summary and must sign the discharge summary.
[(a)
Referral. Occupational therapists may
accept referral from all qualified licensed health care professionals who
within the scope of licensure are authorized to refer for healthcare services.
This includes but is not limited to dentists, chiropractors, and podiatrists.]
[(1)
Consultation, monitored services, screening, and evaluation
for need of services may be provided without a referral.]
[(2)
Occupational therapy for non-medical conditions (refer
to §362.1 of this title (relating to Definitions)) does not require a
referral. However, a referral must be requested at any time during the evaluation
or treatment process when necessary to insure the safety and welfare of the
consumer.]
[(3)
The provision of direct treatment by an OTR, LOT, COTA
or LOTA for medical conditions requires a referral. A referral may be an oral
or written order to initiate services. If an oral referral is received, it
must be followed by a written order signed by the referral source requesting
the services.]
[(4)
An oral referral for evaluation and/or treatment must
be received and documented by a licensed health care provider.]
[(5)
If a written referral is not received by the third treatment
or within two weeks from receipt of the oral referral, whichever is later,
the therapist must have documented evidence of attempt(s) to contact the referral
source for a written referral (e.g., registered letter, fax, certified letter,
e-mail, return receipt, etc.). The therapist must exercise professional judgment
to determine cessation or continuation of treatment without receipt of the
written referral.]
[(b)
A COTA or LOTA may assist in the provision
of OT services as specified in §373.1(b) of this title (relating to Supervision).]
[(c)
Screening and Evaluation.]
[(1)
Screening for occupational therapy services must be initiated
and completed by a TBOTE licensee.]
[(2)
Occupational therapy intervention may not be provided
without an occupational therapy evaluation completed by an OTR or LOT.]
[(d)
Occupational Therapy Plan of Care Development.]
[(1)
An occupational therapy plan of care must be based on
an occupational therapy evaluation.]
[(2)
The occupational therapy plan of care (refer to §362.1
of this title (relating to Definitions)) must be developed by an OTR or LOT.]
[(3)
An occupational therapy plan of care may be integrated
into an interdisciplinary plan of care, but occupational therapy goals or
objectives must be easily identifiable in the plan of care.]
[(4)
Only an OTR or LOT may change an occupational therapy
plan of care.
(e)
Occupational Therapy Plan of Care Implementation.]
[(1)
Only licensed occupational therapy personnel may implement
an occupational therapy plan of care.]
[(2)
Only licensed occupational therapy personnel may train
non-licensed individuals to carry out specific tasks that support the occupational
therapy plan of care.]
[
Discharge.]
[(1)
An OTR or LOT has authority to discharge patients from
occupational therapy services.]
[(2)
The OTR or LOT shall discharge a patient or client when
the patient or client has achieved predetermined goals; has achieved maximum
benefit from OT services; or when other circumstances warrant discontinuation
of occupational therapy services]
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 February 7, 2001.
TRD-200100771
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 305-3962
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
A request for a change to inactive status, in accordance
with §25A of the Act, may only be made at renewal date.
]
Chapter 372.
PROVISION OF SERVICES
(f)
Chapter 373.
SUPERVISION