Part 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS

Chapter 372. PROVISION OF SERVICES

40 TAC §372.1

The Texas Board of Occupational Therapy Examiners adopts amendments to §372.1, concerning Provision of Services without changes to the proposed text as published in the November 26, 2004, issue of Texas Register (29 TexReg 10904) and will not be republished.

The section was amended to add clarification of the rules.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Occupational Therapy Practice Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected by this amended section.

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.

Filed with the Office of the Secretary of State on February 7, 2005.

TRD-200500553

John Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: February 27, 2005

Proposal publication date: November 26, 2004

For further information, please call: (512) 305-6900

40 TAC §373.3

The Texas Board of Occupational Therapy Examiners adopts amendments to §373.3, concerning Supervision of a Licensed Occupational Therapy Assistant with changes to the proposed text as published in the November 26, 2004, issue of Texas Register (29 TexReg 10904).

The section was amended to add clarification of the rules.

No comments were received regarding adoption of the amendment.

The amendment is proposed under the Occupational Therapy Practice Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected by this amended section.

§373.3.Supervision of a Licensed Occupational Therapy Assistant.

(a) Supervision of a full time employed COTA or LOTA by the OTR or LOT includes:

(1) A minimum of six hours a month of frequent communication between the supervising OTR(s) or LOT(s) and the COTA or LOTA by telephone, written report, email, conference etc., including review of progress of patient's/client's assigned, plus

(2) A minimum of two hours of supervision a month of face-to-face, real time interaction with the OTR(s) or LOT(s) observing the COTA or LOTA providing services with patients/clients.

(b) Licensees working part-time or less than a full month within a given month may pro-rate these hours, but shall document no less than four hours of supervision per month, one hour of which includes face-to-face, real time interaction by the OTR(s) and LOT(s) observing the COTA or LOTA providing services with patients/clients. Those months where the licensee does not work, he or she shall write N/A in the COTA Supervision Log for that month.

(c) COTAs or LOTAs with more than one employer must have a supervisor at each job whose name is on file with the board and must receive supervision by an OTR or LOT, as outlined for part-time employment in this section.

(d) The COTA or LOTA must include the name of the supervising OTR or LOT in each patient's treatment note.

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.

Filed with the Office of the Secretary of State on February 7, 2005.

TRD-200500554

John Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: February 27, 2005

Proposal publication date: November 26, 2004

For further information, please call: (512) 305-6900