Part 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
The Texas Board of Occupational Therapy Examiners adopts the amendment to §362.1, concerning Definitions, with changes to the proposed text as published in the March 16, 2007, issue of the Texas Register (32 TexReg 1484). The section will be republished.
The adopted section will recognize the current OT practice framework, which includes practice settings that are in the community, schools, business, and other non-medical settings. It removes definitions no longer current.
The American Occupational Therapy Association (AOTA) sent in public comment concerning definition #41, Accredited Educational Program. The Board agreed with their suggestion and addressed the suggestion with a wording change.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides 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.
§362.1.Definitions.
The following words, terms, and phrases, when used in this part shall have the following meaning, unless the context clearly indicates otherwise.
(1) Act--The Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454 of the Occupations Code.
(2) AOTA--American Occupational Therapy Association.
(3) Applicant--A person who applies for a license to the Texas Board of Occupational Therapy Examiners.
(4) Board--The Texas Board of Occupational Therapy Examiners (TBOTE).
(5) 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.
(6) Class A Misdemeanor--An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(A) A fine not to exceed $4,000;
(B) 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).
(7) Client--The entity that receives occupational therapy. Clients may be individuals (including others involved in the individual's life who may also help or be served indirectly such as caregiver, teacher, parent, employer, spouse), groups, or populations (i.e., organizations, communities).
(8) Complete Application--Notarized application form with photograph, license fee, jurisprudence examination with at least 70% of questions answered correctly and all other required documents.
(9) Complete Renewal--Contains renewal fee, renewal form with signed continuing education affidavit, home/work address(es) and phone number(s), and jurisprudence examination with at least 70% of questions answered correctly.
(10) Continuing Education Committee--Reviews and makes recommendations to the board concerning continuing education requirements and special consideration requests.
(11) Coordinator of Occupational Therapy Program--The employee of the Executive Council who carries out the functions of the Texas Board of Occupational Therapy Examiners.
(12) Direct Contact--Refers to contact with the client and includes face-to-face in person or via visual telecommunications.
(13) Endorsement--The process by which the board issues a license to a person currently licensed in another state, the District of Columbia, or territory of the United States that maintains professional standards considered by the board to be substantially equivalent to those set forth in the Act, and is applying for a Texas license for the first time.
(14) Evaluation--The process of planning, obtaining, documenting and interpreting data necessary for intervention. This process is focused on finding out what the client wants and needs to do and on identifying those factors that act as supports or barriers to performance.
(15) Examination--The Examination as provided for in Section 17 of the Act. The current Examination is the initial certification Examination given by the National Board for Certification in Occupational Therapy (NBCOT).
(16) Executive Council--The Executive Council of Physical Therapy and Occupational Therapy Examiners.
(17) 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.
(18) First Available Examination--Refers to the first scheduled Examination after successful completion of all educational requirements.
(19) Health Care Condition--See Medical Condition.
(20) Intervention--The process of planning and implementing specific strategies based on the client's desired outcome, evaluation data and evidence, to effect change in the client's occupational performance leading to engagement in occupation to support participation.
(21) Investigation Committee--Reviews and makes recommendations to the board concerning complaints and disciplinary actions regarding licensees and facilities.
(22) 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.
(23) Jurisprudence Examination--An examination covering information contained in the Texas Occupational Therapy Practice Act and Texas Board of Occupational Therapy Examiners rules. This test is an open book examination with multiple choice or true-false questions. The passing score is 70%.
(24) License--Document issued by the Texas Board of Occupational Therapy Examiners which authorizes the practice of occupational therapy in Texas.
(25) 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.
(26) 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.
(27) Medical Condition--A condition of acute trauma, infection, disease process, psychiatric disorders, addictive disorders, or post surgical status Synonymous with the term health care condition.
(28) NBCOT--National Board for Certification in Occupational Therapy.
(29) Non-licensed Personnel--OT Aide or OT Orderly or other person not licensed by this board who provides support services to occupational therapy practitioners and whose activities require on-the-job training and close personal supervision.
(30) Non-Medical Condition--A condition where the ability to perform occupational roles is impaired by developmental disabilities, learning disabilities, the aging process, sensory impairment, psychosocial dysfunction, or other such conditions which does not require the routine intervention of a physician.
(31) Occupation--Activities of everyday life, named, organized, and given value and meaning by individuals and a culture. Occupation is everything people do to occupy themselves, including looking after themselves, enjoying life and contributing to the social and economic fabric of their communities.
(32) 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.
(33) 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.
(34) Occupational Therapy Practice--includes:
(A) Methods or strategies selected to direct the process of interventions such as:
(i) Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired.
(ii) Compensation, modification, or adaptation of activity or environment to enhance performance.
(iii) Maintenance and enhancement of capabilities without which performance in everyday life activities would decline.
(iv) Health promotion and wellness to enable or enhance performance in everyday life activities.
(v) Prevention of barriers to performance, including disability prevention.
(B) Evaluation of factors affecting activities of daily living (ADL) instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including:
(i) Client factors, including body functions (such as neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinaray systems).
(ii) Habits, routines, roles and behavior patterns.
(iii) Cultural, physical, environmental, social, and spiritual contexts and activity demands that affect performance.
(iv) Performance skills, including motor, process, and communication/interaction skills.
(C) Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), education, work, play, leisure, and social participation, including.
(i) Therapeutic use of occupations, exercises, and activities.
(ii) Training in self-care, self-management, home management and community/work reintegration.
(iii) Development, remediation, or compensation of physical, cognitive, neuromuscular, sensory functions and behavioral skills.
(iv) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process.
(v) Education and training of individuals, including family members, caregivers, and others.
(vi) Care coordination, case management and transition services.
(vii) Consultative services to groups, programs, organizations, or communities.
(viii) Modification of environments (home, work, school, or community) and adaptation of processes, including the application of ergonomic principles.
(ix) Assessment, design, fabrication, application, fitting and training in assistive technology, adaptive devices, and orthotic devices, and training in the use of prosthetic devices.
(x) Assessment, recommendation, and training in techniques to enhance functional mobility including wheelchair management.
(xi) Driver rehabilitation and community mobility.
(xii) Management of feeding, eating, and swallowing to enable eating and feeding performance.
(xiii) Application of physical agent modalities, and use of a range of specific therapeutic procedures (such as wound care management; techniques to enhance sensory, perceptual, and cognitive processing; manual therapy techniques) to enhance performance skills.
(35) 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.
(36) Occupational Therapy Plan of Care--A written statement of the planned course of Occupational Therapy intervention for a patient/client. It must include goals, objectives and/or strategies, recommended frequency and duration, and may also include methodologies and/or recommended activities.
(37) Occupational Therapy Practitioners--Registered Occupational Therapists, Licensed Occupational Therapists, Certified Occupational Therapy Assistants and Licensed Occupational Therapy Assistants licensed by this board.
(38) Outcome--The focus and targeted end objective of occupational therapy intervention. The overarching outcome of occupational therapy is engagement in occupation to support participation in context(s).
(39) Place(s) of Business--Any facility in which a licensee practices.
(40) 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.
(41) Accredited Educational Program--An educational institution offering a course of study in occupational therapy that has been accredited or approved by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association.
(42) Regular License--A license issued by TBOTE to an applicant who has met the academic requirements and who has passed the Examination.
(43) Rules--Refers to the TBOTE Rules.
(44) Screening--A process used to determine a potential need for occupational therapy interventions, educational and/or other client needs. Screening information may be compiled using observation, client records, the interview process, self-reporting, and/or other documentation.
(45) Supervision--See Chapter 373 of this title (relating to Supervision).
(46) 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.
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 May 11, 2007.
TRD-200701845
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: May 31, 2007
Proposal publication date: March 16, 2007
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts the amendment to §364.1, concerning Requirements for Licensure, without changes to the proposed text as published in the March 16, 2007, issue of the Texas Register (32 TexReg 1486) and will not be republished.
The adopted section will change the duration of the first license to at least two years ending at the last day of the licensee's birth month. First time licensees will have the same continuing education requirement as all regular licensees.
Four comments from individuals were received in favor of adoption of the amendment, and one comment from an individual against, which suggested that new licensees have financial problems and should have a period of being CE free. The Board's response was that all professionals should begin their required professional responsibility as soon as possible, especially as this requirement is stressed while in the OT programs. The proposed minimum of two year license for new licensees will give them ample opportunity to comply. Another comment suggested a prorated system, which the Board found unwieldy. No change was made in response to these comments.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides 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 May 11, 2007.
TRD-200701846
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: May 31, 2007
Proposal publication date: March 16, 2007
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts the amendment to §367.1 concerning Continuing Education and §367.2 concerning Categories of Continuing Education without changes to the proposed text as published in the March 16, 2007, issue of the Texas Register (32 TexReg 1487) and will not be republished.
The adopted section will require first time licensees to obtain the same continuing education requirement as all regular licensees.
Four comments from individuals were received in favor of adoption of the amendment and one comment from an individual against, mentioning that new licensees have financial problems and should have a period of being free from the continuing education requirement. The Board's response was that all professionals should begin their required professional responsibility as soon as possible, especially as this requirement is stressed while in the OT programs. The adopted minimum of two year license for new licensees will give new licensees ample opportunity to comply. Another comment suggested a prorated system, which the Board found unwieldy. No change was made in response to this comment.
The amendment is adopted under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides 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 May 11, 2007.
TRD-200701847
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: May 31, 2007
Proposal publication date: March 16, 2007
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts the amendment to §370.1 concerning License Renewal and §370.2 concerning Late Renewal with changes to the proposed text as published in the March 16, 2007, issue of the Texas Register (32 TexReg 1487) and will be republished.
The adopted sections will require first time licensees to obtain the same continuing education requirement as all regular licensees. The language adds recognition for online renewal.
The American Occupational Therapy Association (AOTA) sent comment about subsections (a)(2) and (b). AOTA was concerned that licensees be held to renewal whether they receive a notice or not. The board response is that it mails licensees a renewal notice 90 days in advance of renewal. Licensees who practice with an expired license may claim they didn't receive the renewal notice. The board holds licensees responsible for knowing their birth month and expiration year which is printed on their renewal card.
AOTA expressed concern about the restoration process and its severity, which does not allow for any time off from the profession and has strict working requirements. The Board responded that the language in the rule mirrors the language in the statute. A change would require an amendment to the statute. No change was made in response to these comments.
The amendment is proposed under the Occupational Therapy Act, Title 3, Subchapter H, Chapter 454, Occupations Code, which provides 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.
§370.1.License Renewal.
(a) Licensee Renewal: Licensees are required to renew their licenses every two years by the end of their birth month. A licensee may not provide occupational therapy services without a current license or renewal certificate in hand. If a license expired after all required items are submitted but before the licensee received the renewal certificate, the licensee may not provide occupational therapy services until the renewal certificate is in hand.
(1) General Requirements. The renewal application is not complete until the board receives all required items. The components required for license renewals are:
(A) signed renewal application form, or online equivalent verifying completion of 30 hours of continuing education, as per Chapter 367 of this title (relating to Continuing Education);
(B) the renewal fee and any late fees which may be due;
(C) a passing score on the Jurisprudence exam; and
(D) any additional forms the board may require.
(2) The licensee is responsible for ensuring that the license is renewed, whether receiving a renewal notice or not.
(3) Online Renewal. Licensees may complete their renewal online but can only continue to practice with their online receipt for 30 days from the date on the receipt.
(A) Licensees who do not have a Social Security Number on file will be unable to renew online.
(B) Licensees who are inactive status, or who wish to change their current status must renew with a paper application before the expiration date.
(C) Licensees who want to change their name on their license must submit a copy of court documents with the new name before the renewal process so that the renewal card reflects the new name. Changing the wall license requires a replacement license fee. Should the change occur out of the renewal process sequence, the licensee must pay for a duplicate renewal card and/or wall license.
(b) Restrictions to Renewal/Restoration
(1) The board will not renew a license if a licensee has defaulted with the Student Loan Corporation (TGSLC). Upon notice from TGSLC that a repayment agreement has been established, the license shall be renewed.
(2) The board will not renew a license if the licensee has defaulted on a court or attorney general's notice of child support. Upon receipt that repayment has been established, the license shall be renewed.
§370.2.Late Renewal.
(a) A renewal application is late if all required materials are not postmarked prior to the expiration date of the license. Licensees who do not complete the renewal process prior to the expiration date are subject to late fees as described.
(1) If the license has been expired for 90 days or less, the person may renew the license by:
(A) submitting the renewal fee and the board approved late fee; and
(B) reporting completion of the required number of contact hours of continuing education.
(2) If the license has been expired for more than 90 days, but less than one year, the person may renew the license by:
(A) submitting the renewal fee and the board approved late fee; and
(B) reporting completion of the required number of contact hours of continuing education.
(b) If the license has been expired for one year or longer, the person may not renew the license. To obtain a new license, the applicant must retake and pass the national examination and comply with the requirements and procedure for obtaining an original license set by Chapter 364 of this title (relating to Requirements for Licensure).
(c) Restoration: Persons holding a license in another state, previously licensed in Texas:
(1) The board may issue a license to a person who was licensed in Texas, moved to another state, is currently licensed in the other state, and has been engaged in the practice of occupational therapy in the other state for the two years preceding the application if the person meets the following requirements:
(A) makes the application for licensure to the board on a form prescribed by the board;
(B) submits to the board verification of the current license in good standing from the other state;
(C) submits the board form documenting continuous employment in occupational therapy in another state for the two years preceding the application;
(D) passes the jurisprudence exam; and
(E) pays the board approved fee.
(2) The license shall expire at the last day of the month of the licensee's birth. The duration shall be at least two years, and licensees shall obtain the continuing education as per Chapter 367 of this title (relating to Continuing Education).
(d) Military Service
(1) If a reserve status licensee is called into active military service, and his or her license expires during service, the licensee may follow the requirements for renewal with no penalty if the licensee:
(A) submits the renewal within 90 days after return to reserve status;
(B) submits evidence of active service and its inclusive dates.
(2) A reserve status licensee who is called into active military service will have 6 additional months after release from active military service to submit proof of completion of the 30 required CE hours as per Chapter 367 of this title (relating to Continuing Education).
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 May 11, 2007.
TRD-200701848
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: May 31, 2007
Proposal publication date: March 16, 2007
For further information, please call: (512) 305-6900