PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
CHAPTER 364. REQUIREMENTS FOR LICENSURE
The Texas Board of Occupational Therapy Examiners proposes an amendment to §364.1, concerning Requirements for Licensure. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§364.1.Requirements for Licensure.
(a) (No change.)
(b) If the applicant has not passed the national licensure examination, the applicant must also meet the requirement in §364.2 of this title (relating to Initial License by Examination).
(c) If the applicant is licensed as an occupational
therapist or occupational therapy assistant [OTR or COTA]
in another state, jurisdiction of the U.S., or U.S. [US]
military, the applicant must also meet the requirements as stated
in §364.4 of this title (relating to Licensure by Endorsement).
(d) - (j) (No change.)
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 June 1, 2009.
TRD-200902135
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §364.3, concerning Temporary License. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§364.3.Temporary License.
(a) The Board will issue a temporary license to an applicant who is taking the exam for the first time.
(b) Temporary Licensure is not available to applicants
who have received a license in another state, U.S. [US]
Territory or another country as an occupational therapy practitioner,
unless they were licensed as a certified occupational therapy assistant
(COTA) or an occupational therapy assistant (OTA), and
now meet the requirements for a temporary license as an OT.
(c) - (f) (No change.)
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 June 1, 2009.
TRD-200902136
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §369.3, concerning Use of Titles. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§369.3.Use of Titles.
(a) Temporary Licensees.
(1) An [Only an] occupational
therapist with a temporary license may use the title "Occupational
Therapist" and the initials "OT."
(2) An [Only an] occupational
therapy assistant with a temporary license may use the title "Occupational
Therapy Assistant" and the initials "OTA."
(b) Regular and Provisional Licensees.
(1) An [Only an] occupational
therapist with a regular or provisional license may use the title
"[Licensed
] Occupational Therapist" or "Occupational Therapist,
Registered" and the initials "OT" ["LOT"] or "OTR."
(2) An [Only an] occupational
therapy assistant with a regular or provisional license may use the
title "[Licensed
] Occupational Therapy Assistant" or "Certified
Occupational Therapy Assistant" and the initials "OTA" [
"LOTA"] or "COTA."
(c) (No change.)
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 June 1, 2009.
TRD-200902137
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §371.2, concerning Retired Status. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§371.2.Retired Status.
(a) The Retired Status is available for an occupational therapy practitioner whose only practice is the provision of voluntary charity care without monetary compensation.
(1) "voluntary charity care" means occupational therapy
services provided as a volunteer with no compensation, for a charitable
organization as defined in [Section] §84.003 of the
Texas Civil Practice and Remedies Code. This includes any bona
fide [fine
] charitable, religious, prevention of cruelty to children
or animals, youth sports and youth recreational, neighborhood crime
prevention or patrol, or educational organization (excluding fraternities,
sororities, and secret societies), or other organization organized
and operated exclusively for the promotion of social welfare by being
primarily engaged in promoting the common good and general welfare
of the people in the community, including these type of organizations
with a Section 501(c)(3) or (4) exemption from
federal income tax, some Chambers of commerce, and volunteer centers
certified by the Department of Public Safety.
(2) "compensation" means direct or indirect payment of anything of monetary value.
(3) The designation used by the retired status licensee
is Occupational Therapist Registered, Retired (OTR, Ret) or [
Licensed] Occupational Therapist, Retired[,
] (OT [LOT
], Ret), or Certified Occupational Therapy Assistant, Retired
(COTA, Ret) or [Licensed] Occupational Therapy Assistant,
Retired (OTA [LOTA], Ret).
(b) - (h) (No change.)
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 June 1, 2009.
TRD-200902138
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §372.1, concerning Provision of Services. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§372.1.Provision of Services.
(a) - (c) (No change.)
(d) Evaluation.
(1) Only an occupational therapist [OTR
or LOT] may perform the evaluation.
(2) (No change.)
(3) The occupational therapist [OTR
or LOT] must have face-to-face, real time interaction with the
patient or client during the evaluation process.
(4) The occupational therapist [OTR or LOT
] may delegate to an occupational therapy assistant [
a COTA, LOTA] or temporary licensee the collection of data for
the assessment. The occupational therapist [ OTR or
LOT] is responsible for the accuracy of the data collected by
the assistant.
(e) Plan of Care.
(1) Only an occupational therapist [OTR, LOT or OT
] may initiate, develop, modify or complete an occupational
therapy plan of care. It is a violation of the OT Practice Act for
an occupational therapy assistant [a COTA/LOTA
] to dictate,
or attempt to dictate, when occupational therapy services should or
should not be provided, the nature and frequency of services that
are provided, when the patient should be discharged, or any other
aspect of the provision of occupational therapy as set out in the
OT Act and Rules.
(2) The occupational therapist [OTR, LOT or OT] and
an occupational therapy assistant [COTA, LOTA or OTA
] may work jointly to revise the short-term goals,
but the final determination resides with the occupational therapist
[OTR or LOT
]. Revisions to the plan of care and goals must be
documented by the occupational therapist [OTR/LOT]
and/or occupational therapy assistant [COTA/LOTA]
to reflect revisions at the time of the change.
(3) - (5) (No change.)
(6) The occupational therapist [OTR or LOT
] is responsible for determining whether intervention
is needed and if a referral is required for occupational therapy intervention.
(7) (No change.)
(8) Except where otherwise restricted by rule, the
supervising occupational therapist [OTR or LOT]
may only delegate to an occupational therapy assistant [a
COTA, LOTA] or temporary licensee tasks that they both agree
are within the competency level of that occupational therapy
assistant [COTA, LOTA] or temporary licensee.
(9) The occupational therapy assistant [COTA
or LOTA] must include the name of his or her supervising
occupational therapist [OTR or LOT
] in each treatment note. If
there is not a current supervising
occupational therapist [OTR or LOT], the
occupational therapy assistant [COTA or LOTA
] cannot treat.
(f) Discharge.
(1) Only an occupational therapist [OTR or LOT
] 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 [OTR or LOT
] is responsible for the content and validity of the discharge
summary and must sign the discharge summary.
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 June 1, 2009.
TRD-200902139
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §373.1, concerning Supervision of Non-Licensed Personnel. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§373.1.Supervision of Non-Licensed Personnel.
(a) Occupational Therapists [OTRs and LOTs
] are fully responsible for the planning and delivery of
occupational therapy services. They may use non-licensed personnel
to extend their services; however, the non-licensed personnel must
be under the supervision of an occupational therapy practitioner.
(b) - (e) (No change.)
(f) The Non-Licensed Personnel may not:
(1) perform occupational therapy evaluative procedures;[.]
(2) initiate, plan, adjust, or modify occupational
therapy procedures;[.]
(3) act on behalf of the occupational therapist [
OTR or LOT] in any matter relating to occupational therapy which
requires decision making or professional judgments; [
judgements.]
(4) write or sign occupational therapy documents in
the permanent record. However, non-licensed personnel may record quantitative
data for tasks delegated by the supervising occupational therapy
practitioners [OTR, LOT, COTA or LOTA]. Any documentation
reflecting activities by non-licensed personnel must identify the
name and title of that person and the name of the supervising
occupational therapy practitioner [
OTR, LOT, COTA or LOTA].
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 June 1, 2009.
TRD-200902140
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §373.2, concerning Supervision of a Temporary Licensee. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§373.2.Supervision of a Temporary Licensee.
(a) - (b) (No change.)
(c) Supervision of an occupational therapist with a temporary license includes documentation regarding:
(1) frequent communication between the supervising
occupational therapist and the temporary licensee by telephone, written
report or conference, including the review of progress of patients/clients
assigned;[,] plus
(2) encounters twice a month where the occupational
therapist [OTR or LOT] directly observes the temporary
licensee providing services to one or more patients/clients with face-to-face,
real time interaction.
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 June 1, 2009.
TRD-200902141
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §376.1, concerning Definitions. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§376.1.Definitions.
The following words and terms, when used in this
chapter [section
], shall have the following meanings, unless the context
clearly indicates otherwise.
(1) Occupational Therapy Facility--A physical site,
such as a building, office, or portable facility, where the practice
of occupational therapy takes place. An Occupational Therapy Facility
must be under the direction of an occupational therapist, registered
or [licensed
] occupational therapist licensed by the board.
The definition of Occupational Therapy Facility does not include a
physical site such as a building, office, or portable facility if
it meets all three conditions:
(A) It [it] is not in the care,
custody or control of the individual or company providing occupational
therapy services therein; and
(B) (No change.)
(C) Healthcare [healthcare] delivery
is not the primary purpose, activity, or business of the site where
the services are provided.
(2) The OT or OTR [or LOT] in
Charge--An occupational therapist[, registered or licensed occupational
therapist] who is designated on the application for registration
and who has the authority and responsibility for the facility's compliance
with the Act and Rules pertaining to the practice of occupational
therapy in the facility.
(3) (No change.)
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 June 1, 2009.
TRD-200902142
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §376.3, concerning Requirements for Registration Application. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act (Act), Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§376.3.Requirements for Registration Application.
(a) Registration applications must include:
(1) - (4) (No change.)
(5) the name and license number of the OT or OTR [or LOT
] in Charge and his or her notarized signature;
(6) - (7) (No change.)
(8) the non-refundable application fee, as set by the
Executive Council.[;]
(b) - (h) (No change.)
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 June 1, 2009.
TRD-200902143
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §376.4, concerning Requirements for Registered Facilities. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§376.4.Requirements for Registered Facilities.
(a) Each facility must have a designated
OT or OTR [or LOT
]-in-charge. A registered facility is required to
report the name and license number of the new
OT or OTR [or LOT
]-in-charge no later than 30 days after the change occurs.
(b) - (d) (No change.)
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 June 1, 2009.
TRD-200902144
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners proposes an amendment to §376.6, concerning Renewal of Registration Application. The amendment will restore the use of occupational therapist (OT) and occupational therapy assistant (OTA) as consistent with the Occupational Therapy Practice Act.
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 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 also has 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 terms used in the OT rules. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted to Augusta Gelfand, OT Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701, (512) 305-6900, or electronically to augusta.gelfand@mail.capnet.state.tx.us.
The amendment is proposed under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454 of the 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, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§376.6.Renewal of Registration Application.
(a) (No change.)
(b) Requirements to renew a facility are:
(1) a [A] renewal signed by the
owner, managing partner or officer, or a person authorized by the
owner to complete the form and the OT or OTR [or LOT
]-in-charge;
(2) a list [lit] of all
occupational therapy practitioners [
OTRs, LOTs, COTAs and LOTAs]
working at the facility; [and]
(3) the renewal fee as set by the Executive Council,
and any late fees, which may be due; and[.]
(4) an Occupational Therapist-in-Charge form with the notarized signature of the occupational therapist.
(c) - (e) (No change.)
(f) An Occupational Therapy Facility will be allowed
to renew without a late fee if the renewal application and fee are
received prior to the expiration date. However, the board will not
issue the certificate until the Board receives the signed and notarized
OT or OTR [or LOT]-in-Charge form and a list of the
name(s) of the occupational therapy practitioners employed at that facility.
(g) (No change.)
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 June 1, 2009.
TRD-200902145
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Earliest possible date of adoption: July 12, 2009
For further information, please call: (512) 305-6900