PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
The Texas Board of Occupational Therapy Examiners (Board) adopts an amendment to §362.1, concerning Definitions, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1969) and will not be republished. The section continues with the replacement of OT or Occupational Therapist in place of Licensed Occupational Therapist, to follow the language written in the OT Practice Act.
The amendment adds language to 40 TAC §362.1 to clarify the terms OT and OTA.
One comment was received regarding adoption of the amendment. The Board considered the comment from J. Polichino and the Board expects temporary licensees to use OT and OTA.
The amendment is adopted under the Occupational Therapy Act (Act), Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority of adopt rules consistent with this Act to carry out the duties in administering this Act.
Title 3, Subtitle 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 29, 2009.
TRD-200902081
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Effective date: June 18, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners (Board) adopts an amendment to §364.4, concerning Licensure by Endorsement, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1970) and will not be republished.
The amendment adds language to 40 TAC §364.4, to add a requirement for all applicants to have their current and formerly held or expired state licenses verified to the Board.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Act (Act), Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority of adopt rules consistent with this Act to carry out the duties in administering this Act.
Title 3, Subtitle 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 29, 2009.
TRD-200902082
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Effective date: June 18, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners (Board or TBOTE) adopts an amendment to §367.2, concerning Categories of Continuing Education, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1971) and will not be republished.
The amendment adds language to 40 TAC §367.2, to add a new category for continuing education providing CE hours for student fieldwork supervision, which will recognize the mentoring and education fieldwork 1 and 2 students.
Sixteen comments were received regarding adoption of the amendment. All were in favor of the amendment except one from Ms. Tully, who was against. The Board discussed Ms. Tully's recommendation that the Board establish a certification for fieldwork supervision, but objected on the basis that they want to encourage a board base of participation; that they have no authority to establish a certification; and that fieldwork supervision in and of itself should be a learning experience.
The amendment is adopted under the Occupational Therapy Act (Act), Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority of adopt rules consistent with this Act to carry out the duties in administering this Act.
Title 3, Subtitle 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 29, 2009.
TRD-200902083
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Effective date: June 18, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners (Board) adopts an amendment to §370.2, concerning Late Renewal, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1971) and will not be republished.
The amendment adds language to 40 TAC §370.2, to add a new requirement that former licensees restoring their Texas license must have their current and expired state licenses held since licensure in Texas verified to the Board.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Act (Act), Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority of adopt rules consistent with this Act to carry out the duties in administering this Act.
Title 3, Subtitle 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 29, 2009.
TRD-200902084
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Effective date: June 18, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners (Board) adopts an amendment to §373.3, concerning Supervision of a Licensed Occupational Therapy Assistant, with changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1972).
The amendment adds language to 40 TAC §373.3, to add clarification to the supervision requirements.
Two comments were received regarding adoption of the amendment. The Board considered the comments and decided the amendment adds more responsibility for all OTs to participate in the supervision and for them to use the 6 hours per month of communication time to make clear who is the OT supervising OT.
The amendment is adopted under the Occupational Therapy Act (Act) Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority of adopt rules consistent with this Act to carry out the duties in administering this Act.
Title 3, Subtitle H, Chapter 454 of the Occupations Code is affected by this amended section.
§373.3.Supervision of a Licensed Occupational Therapy Assistant.
(a) An occupational therapy assistant shall provide occupational therapy services only under the supervision of an occupational therapist(s).
(b) Supervision of a full time employed occupational therapy assistant by the occupational therapist(s) includes:
(1) A minimum of six hours a month of frequent communication between the supervising occupational therapist(s) and the occupational therapy assistant(s) 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 occupational therapist(s) observing the occupational therapy assistant providing services with patients/clients.
(3) These hours shall be documented on a Supervision Log for each employer. The occupational therapist(s) or employer may request a copy of the Supervision Log. The Supervision Log is kept by the occupational therapy assistant and signed by occupational therapist(s) when supervision is given.
(4) All the occupational therapist(s), whether working full time, PRN or part-time, who delegate to the occupational therapy assistant, must be participating in the supervision time, whether on a rotational or shared basis.
(c) Occupational therapy assistants 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 occupational therapist(s) observing the occupational therapy assistant providing services with patients/clients.
(d) Those months where the occupational therapy assistant licensee does not work as a occupational therapy assistant, he or she shall write N/A in the Supervision Log for that month.
(e) Occupational therapy assistants 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 occupational therapist(s), as outlined for part-time employment in this section. Occupational therapy assistants who work for more than one employer must submit the name and license number at least one OT at each employer, though any of the occupational therapist(s) at the employer may supervise.
(f) The occupational therapy assistant must include the name of the supervising OT in each patient's treatment note. This may not necessarily be the occupational therapist who wrote the Plan of Care, but an occupational therapist who is readily available to answer questions about the treatment or patient.
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 29, 2009.
TRD-200902085
John Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Occupational Therapy Examiners
Effective date: June 18, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 305-6900