CHAPTER 452. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 452. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
OCCUPATIONAL THERAPY EXAMINERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 452.001. DEFINITIONS. In this chapter:
(1) "Executive council" means the Executive Council of Physical
Therapy and Occupational Therapy Examiners.
(2) "Occupational therapy board" means the Texas Board of
Occupational Therapy Examiners.
(3) "Physical therapy board" means the Texas Board of Physical
Therapy Examiners.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive Council
of Physical Therapy and Occupational Therapy Examiners is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the executive
council is abolished and the following laws expire September 1,
2013:
(1) this chapter;
(2) Chapter 453; and
(3) Chapter 454.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.06, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.05, eff. June 15, 2007.
SUBCHAPTER B. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
OCCUPATIONAL THERAPY EXAMINERS
Sec. 452.051. APPOINTMENT OF EXECUTIVE COUNCIL. (a) The
Executive Council of Physical Therapy and Occupational Therapy
Examiners consists of:
(1) an occupational therapist member of the occupational therapy
board appointed by that board;
(2) a public member of the occupational therapy board appointed
by that board;
(3) a physical therapist member of the physical therapy board
appointed by that board;
(4) a public member of the physical therapy board appointed by
that board; and
(5) a public member appointed by the governor.
(b) The occupational therapy board and the physical therapy
board may designate an alternate to attend an executive council
meeting if a member appointed by that board cannot attend. The
alternate has the same powers and duties and is subject to the
same qualifications as the appointed member.
(c) Appointments to the executive council shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
GOVERNOR. A person is not eligible for appointment by the
governor as a public member of the executive council if the
person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
funds from the executive council, the occupational therapy board,
or the physical therapy board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving funds from the executive council, the
occupational therapy board, or the physical therapy board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the executive council, the occupational
therapy board, or the physical therapy board, other than
compensation or reimbursement authorized by law for executive
council, occupational therapy board, or physical therapy board
membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a nonprofit,
cooperative, and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) An officer, employee, or paid consultant of a Texas trade
association in the field of health care may not be a member of
the executive council and may not be an employee of the executive
council who is exempt from the state's position classification
plan or is compensated at or above the amount prescribed by the
General Appropriations Act for step 1, salary group A17, of the
position classification salary schedule.
(c) A person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of health
care may not be a member of the executive council and may not be
an employee of the executive council who is exempt from the
state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(d) A person may not serve as a member of the executive council
or act as the general counsel to the executive council if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the executive council, the occupational therapy board, or the
physical therapy board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.054. TERMS; VACANCY. (a) Members of the executive
council are appointed for two-year terms that expire on February
1 of each odd-numbered year.
(b) A member appointed to fill a vacancy holds office for the
unexpired portion of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.055. PRESIDING OFFICER. The member appointed by the
governor is the presiding officer of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the executive council that a member:
(1) does not have at the time of appointment the qualifications
required by Section 452.051;
(2) does not maintain during service on the executive council
the qualifications required by Section 452.051;
(3) violates a prohibition established by Section 452.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
executive council meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the executive council.
(b) The validity of an action of the executive council is not
affected by the fact that it is taken when a ground for removal
of an executive council member exists.
(c) If the director has knowledge that a potential ground for
removal exists, the director shall notify the presiding officer
of the executive council of the potential ground. The presiding
officer shall then notify the authority that appointed the member
that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.057. COMPENSATION; REIMBURSEMENT. (a) The presiding
officer of the executive council is entitled to a per diem as
provided by the General Appropriations Act for each day that the
presiding officer engages in the business of the executive
council.
(b) A member of the executive council, other than the presiding
officer, may not receive compensation for service on the
executive council. A member may receive reimbursement for
transportation expenses as provided by the General Appropriations
Act. A member may not receive reimbursement for any other travel
expenses, including expenses for meals and lodging.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.058. MEETINGS; QUORUM. (a) The executive council
shall hold at least two regular meetings each year.
(b) The executive council may hold additional meetings on the
request of the presiding officer or on the written request of
three members of the executive council.
(c) A quorum of the executive council exists if both therapist
members and one public member are present.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. DIRECTOR AND OTHER EXECUTIVE COUNCIL PERSONNEL
Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive council
shall employ a director and administrative and clerical employees
as necessary to carry out the functions of the executive council,
the occupational therapy board, and the physical therapy board.
(b) The director shall employ a coordinator of occupational
therapy programs and a coordinator of physical therapy programs
to carry out the functions of the respective boards. The
coordinators may request the executive council to assign
additional employees to carry out the duties of the coordinators.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.102. DIVISION OF RESPONSIBILITIES. The executive
council shall develop and implement policies that clearly define
the respective responsibilities of the executive council and the
staff of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The director or the director's designee shall develop an
intra-agency career ladder program. The program must require
intra-agency postings of all nonentry level positions
concurrently with any public posting.
(b) The director or the director's designee shall develop a
system of annual performance evaluations that are based on
documented employee performance. All merit pay for executive
council employees must be based on the system established under
this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The director or the director's designee shall prepare and
maintain a written policy statement to ensure implementation of
an equal employment opportunity program under which all personnel
transactions are made without regard to race, color, disability,
sex, religion, age, or national origin. The policy statement must
include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, application, training, and
promotion of personnel that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the executive council workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the executive council workforce of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Texas Commission on Human Rights for
compliance with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as
otherwise provided by this chapter, the executive council shall
administer and enforce Chapters 453 and 454.
(b) The executive council shall:
(1) develop and prepare a budget for the executive council, the
occupational therapy board, and the physical therapy board; and
(2) manage all physical property used by the executive council,
the occupational therapy board, or the physical therapy board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.152. ADMINISTRATIVE FUNCTIONS. (a) In administering
Chapters 453 and 454, the executive council shall:
(1) perform data processing functions; and
(2) administer records relating to payroll, personnel files, and
employee leave, benefits, and applications.
(b) The executive council shall perform the administrative
functions relating to issuing and renewing licenses, including:
(1) the administration of written examinations and collection of
fees; and
(2) the ministerial functions of preparing and delivering
licenses, obtaining material and information in connection with
the renewal of a license, and receiving and forwarding complaints
to the appropriate board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.153. LIMITATION ON EXECUTIVE COUNCIL AUTHORITY. (a)
The executive council may not exercise discretionary authority in
the review of an applicant's qualifications for a license.
(b) The administration of practical examinations and other
examinations requiring skill or expertise in a particular area on
the part of the person administering the examination is the
responsibility of the appropriate board. The selection of
standardized national or generally accepted examinations for a
profession or the design of individual examinations is the
responsibility of the appropriate board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.154. FEES. The executive council shall set all fees
for a license issued or service performed by a board represented
on the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.155. RULES. Subject to Section 452.156, the
appropriate professional board shall adopt rules concerning the
qualifications, licensing, regulation, or practice of a
profession.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.156. REVIEW OF RULES. (a) Before submitting a rule
for publication in the Texas Register, a board represented on the
executive council shall forward the proposed rule to the
executive council for review.
(b) The executive council may review the rule and shall approve
the rule for submission for publication unless the rule exceeds
the rulemaking authority of the board.
(c) If the executive council fails to approve a rule, it shall
return the rule to the board with an explanation of the reasons
for the denial.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.157. REVIEW OF BOARDS. (a) The executive council
shall routinely examine and evaluate the operations of the boards
represented on the executive council.
(b) The executive council may structure the examination in a
manner that the executive council considers appropriate to
produce an efficient and thorough review.
(c) Each board represented on the executive council shall
cooperate with the examination conducted by the executive council
under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council may
authorize from its appropriated funds all necessary disbursements
to carry out:
(1) this chapter;
(2) Chapter 453; and
(3) Chapter 454.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.159. ANNUAL REPORTS. (a) The executive council shall
file annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the executive
council during the preceding fiscal year. The report must be in
the form and reported in the time provided by the General
Appropriations Act.
(b) The executive council shall prepare a report of its
activities and file the report before January 1 of each
odd-numbered year with the presiding officer of each house of the
legislature, the governor, and the Legislative Budget Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 452.201. PUBLIC INTEREST INFORMATION. (a) The executive
council shall prepare information of public interest describing
the functions of the executive council and the procedures by
which complaints are filed with and resolved by the executive
council, the occupational therapy board, or the physical therapy
board.
(b) The executive council shall make the information available
to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.202. COMPLAINTS. (a) The executive council by rule
shall establish methods by which consumers and service recipients
are notified of the name, mailing address, and telephone number
of the executive council for the purpose of directing complaints
to the executive council. The executive council may provide for
that notice:
(1) on each registration form, application, or written contract
for services of a person regulated by the executive council, the
occupational therapy board, or the physical therapy board;
(2) on a sign prominently displayed in the place of business of
each person regulated by the executive council, the occupational
therapy board, or the physical therapy board; or
(3) in a bill for service provided by a person regulated by the
executive council, the occupational therapy board, or the
physical therapy board.
(b) The executive council shall list with its regular telephone
number any toll-free telephone number established under other
state law for presenting a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 452.203. PUBLIC PARTICIPATION. (a) The executive council
shall develop and implement policies that provide the public with
a reasonable opportunity to appear before the executive council
and to speak on any issue under the jurisdiction of the executive
council.
(b) The executive council shall prepare and maintain a written
plan that describes how a person who does not speak English can
be provided reasonable access to the executive council's programs
and services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.