Part 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
The Texas Board of Occupational Therapy Examiners proposed amendments to §373.3, concerning Supervision of a Licensed Occupational Therapy Assistant. The section is being amended to clarify the documentation in the COTA Supervision Log.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the amendments are in effect there will be no fiscal implication for state or local government as a result of enforcing or administering the amended section.
Mr. Maline also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be the understanding of when to document on the COTA Supervision Log. There will be no effect on small businesses, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, at (512) 305-6900, 333 Guadalupe St., Suite 2-510, Austin, Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice Act (Act), Title 3. Chapter 356, Subchapter H of the Texas Occupational 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 the Act.
Title 3, Chapter 454, Subchapter H of the Texas Occupations Code is affected by the amended section.
§373.3.Supervision of a Licensed Occupational Therapy Assistant.
(a) A COTA/LOTA shall provide occupational therapy services only under the supervision of a licensed occupational therapist.
(b) 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.
(3) These hours shall be documented on a COTA/LOTA Supervision Log for each employer. The OTR/LOT or employer may request a copy of the COTA Supervision Log. The COTA Supervision Log is kept by the COTA/LOTA and signed by an OTR/LOT when supervision is given.
(c) 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 as a therapist, he or she shall write N/A in the COTA Supervision Log for that month.
(d) 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.
(e) 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 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 April 28, 2008.
TRD-200802194
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 8, 2008
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposed amendments to §375.1, concerning Fees. The section is being amended to refer licensees to the right section of the rules to read the fee amounts and eliminate the requirements that fees be paid only by check or money order.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the amendments are in effect there will be no fiscal implication for state or local government as a result of enforcing or administering the amended section.
Mr. Maline also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be the clarification of the reference to the fee schedule. There will be no effect on small businesses, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, at (512) 305-6900, 333 Guadalupe St., Suite 2-510, Austin, Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice Act (Act), Title 3, Chapter 356, Subchapter H of the Texas Occupational 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 the Act.
Title 3, Chapter 454, Subchapter H of the Texas Occupations Code is affected by the amended section.
§375.1.Fees.
(a) Fees are prescribed by the Executive Council and
may be subject to change by legislative mandate, refer to 22
TAC §651.1 and §651.3 of the Executive Council Rules.
The fees are required to be paid [by check or money order]
before a license or a renewal is issued. The application fee will
be submitted with the application and is non-refundable.
(b) A cashier's check, certified check, or money order must accompany all future payments to the board after an insufficient funds check has been processed by the board.
(c) An applicant for a license shall pay the application fee plus the appropriate license fee.
(d) The board will not refund any application fee or license fee to an applicant who is denied a license. Applicants requesting that the board cease the license application process shall forfeit all fees paid. Such requests must be received by the board in writing.
(e) There shall be no refunds issued to individuals who have had their licenses suspended or revoked.
(f) Licensees who have had their licenses suspended for failure to pay child support shall pay all applicable fees before licenses will be reissued.
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 April 28, 2008.
TRD-200802195
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 8, 2008
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposed amendments to §376.3, concerning Requirements for Registration Application. The section is being amended to clarify the requirements of the Therapy in Charge form.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the amendments are in effect there will be no fiscal implication for state or local government as a result of enforcing or administering the amended section.
Mr. Maline also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be the clarification of the therapist in Charge form. There will be no effect on small businesses, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, at (512) 305-6900, 333 Guadalupe St., Suite 2-510, Austin, Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice Act (Act), Title 3, Chapter 356, Subchapter H of the Texas Occupational 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 the Act.
Title 3, Chapter 454, Subchapter H of the Texas Occupations Code is affected by the amended section.
§376.3.Requirements for Registration Application.
(a) Registration applications must include
(1) name of the Occupational Therapy Facility;
(2) physical/street address of the Occupational Therapy Facility;
(3) mailing address, if different from the street address;
(4) the name and following information about the entity or individual (in the case of a sole proprietorship) holding themselves out as offering occupational therapy services at the facility.
(A) Sole proprietor:
(i) name, home address, date of birth, social security number of the sole proprietor;
(ii) federal employer identification number if applicable.
(B) Partnership:
(i) name, home address, date of birth, social security number of the managing partner;
(ii) federal employer identification number.
(C) Corporation:
(i) names, home addresses, dates of birth, and social security numbers of managing officers (for purposes of this subsection, managing officers are defined as the top four executive officers, including the corporate officer in charge of occupational therapy Facility operations);
(ii) federal employer identification number.
(D) Governmental entity (federal, state, county, local):
(i) name, home address, date of birth, social security number of the individual completing the application;
(ii) federal employer identification number;
(5) the name and license number of the OTR or LOT in Charge and his or her notarized signature;
(6) the names and license numbers of other licensees of the Act who practice in the Occupational Therapy Facility;
(7) the Social Security Number and notarized signature of the individual, managing partner or officer or person authorized to complete the form;
(8) the non-refundable application fee, as set by the Executive Council;
(b) An individual or entity that holds themselves out as offering occupational therapy at more than one facility is required to submit one primary facility application and an additional facility application for each additional Occupational Therapy Facility registered.
(c) Such additional Occupational Therapy Facility that is registered less than six months before the primary facility registration expires will receive an expiration date in the same month as the primary, but in the following year. An additional Occupational Therapy Facility registered six or more months before the primary facility expiration date will receive the same expiration date as for the primary facility.
(d) An Occupational Therapy Facility that has not been registered previously must complete the registration process and have the registration certificate before the first patient treatment.
(e) The Occupational Therapy Facility application is valid one year after it is received by the board.
(f) The Occupational Therapy Facility will be charged a registration fee(s) for the primary site(s) and/or additional site(s). In some cases an OT linked facility fee may apply. An OT linked facility is a facility in which PT services are already registered at the same location with the same owner(s). If the PT facility registration is not current, full OT registration must be paid.
(g) The Occupational Therapy Facility registration fee(s) for the primary site and/or additional site(s) will be waived in circumstances which are temporary in nature, such as a natural disaster or events for special populations, such as the Special Olympics.
(h) Waiver from Occupational Therapy Facility registration fees does not nullify all other sections as set forth in the TBOTE Rules, Chapter 376.
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 April 28, 2008.
TRD-200802196
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 8, 2008
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposed amendments to §376.4, concerning Requirements for Registered Facilities. The section is being amended to clarify when new facility registration and/or renewal forms must be ordered.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the amendments are in effect there will be no fiscal implication for state or local government as a result of enforcing or administering the amended section.
Mr. Maline also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be the clarification of the facility registration and/or renewal needs to be ordered. There will be a small effect on small businesses, and small economic cost to persons having to comply is anticipated. The cost is $30 for a replacement.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, at (512) 305-6900, 333 Guadalupe St., Suite 2-510, Austin, Texas 78701 or augusta.gelfand@mail.capnet.state.tx.us.
The amendments are proposed under the Occupational Therapy Practice Act (act), Title 3 Chapter 356, Subchapter H of the Texas Occupational 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 the Act.
Title 3, Chapter 454, Subchapter H of the Texas Occupations Code is affected by the amended section.
§376.4.Requirements for Registered Facilities.
(a) Each facility must have a designated OTR or LOT-in-charge. A registered facility is required to report the name and license number of the new OTR or LOT-in-charge no later than 30 days after the change occurs.
(b) A registered facility must display the registration certificate in a prominent location in the facility where it is available for inspection by the public. A registration certificate issued by the board is the property of the board and must be surrendered on demand by the board.
(c) A registered Occupational Therapy Facility is subject to inspection to verify compliance with the Act and this chapter by authorized personnel of the board at any reasonable time.
(d) An individual or entities that registers a facility under this Rule must notify the board within 30 days of any change to the name, physical/street address or mailing address. In the event of a name or physical address change, the owner must obtain a new registration certificate and renewal certificate (if applicable), showing the correct information.
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 April 28, 2008.
TRD-200802197
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: June 8, 2008
For further information, please call: (512) 305-6900