CHAPTER 454. OCCUPATIONAL THERAPISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 454. OCCUPATIONAL THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 454.001. SHORT TITLE. This chapter may be cited as the
Occupational Therapy Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Occupational Therapy
Examiners.
(2) "Coordinator of occupational therapy programs" is the person
employed in that position under Section 452.101.
(3) "Executive council" means the Executive Council of Physical
Therapy and Occupational Therapy Examiners.
(4) "Occupational therapist" means a person licensed to practice
occupational therapy.
(5) "Occupational therapy aide" means a person:
(A) who aids in the practice of occupational therapy; and
(B) whose activities require on-the-job training and on-site
supervision by an occupational therapist or an occupational
therapy assistant.
(6) "Occupational therapy assistant" means a person licensed by
the board as an occupational therapy assistant who assists in the
practice of occupational therapy under the general supervision of
an occupational therapist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
Occupational Therapy Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2013.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.08, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.07, eff. June 15, 2007.
Sec. 454.004. CONFLICT WITH OTHER LAW. To the extent of any
conflict between this chapter and Chapter 452, Chapter 452
controls.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.005. APPLICABILITY. (a) This chapter does not apply
to a holder of a license issued by another state agency who is
performing health care services within the scope of the
applicable licensing act.
(b) The licensing provisions of this chapter do not apply to:
(1) an occupational therapy aide assisting a license holder
under this chapter;
(2) a person engaged in a course of study leading to a degree or
certificate in occupational therapy at an accredited or approved
educational program if:
(A) the activities and services constitute a part of a
supervised course of study; and
(B) the person is designated by a title that clearly indicates
the person's status as a student or trainee;
(3) a person fulfilling the supervised field work experience
requirements of Section 454.203, if those activities and services
constitute a part of the experience necessary to meet the
requirement of that section;
(4) an occupational therapist performing a special project in
patient care while working toward an advanced degree from an
accredited college or university;
(5) an occupational therapist who does not live in this state
and who:
(A) is licensed by another state or who meets the requirements
for certification established by the American Occupational
Therapy Association as an occupational therapist registered (OTR)
or a certified occupational therapy assistant (COTA); and
(B) comes into this state for not more than four consecutive
months to:
(i) provide or attend an educational activity;
(ii) assist in a case of medical emergency; or
(iii) engage in a special occupational therapy project; or
(6) a qualified and properly trained person acting under a
physician's supervision under Section 157.001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.006. PRACTICE OF OCCUPATIONAL THERAPY. (a) In this
section, "diagnosis" means the identification of a disease from
its symptoms.
(b) A person practices occupational therapy if the person:
(1) evaluates or treats a person whose ability to perform the
tasks of living is threatened or impaired by developmental
deficits, the aging process, environmental deprivation, sensory
impairment, physical injury or illness, or psychological or
social dysfunction;
(2) uses therapeutic goal-directed activities to:
(A) evaluate, prevent, or correct physical or emotional
dysfunction; or
(B) maximize function in a person's life; or
(3) applies therapeutic goal-directed activities in treating
patients on an individual basis, in groups, or through social
systems, by means of direct or monitored treatment or
consultation.
(c) The practice of occupational therapy does not include
diagnosis or psychological services of the type typically
performed by a licensed psychologist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.007. USE OF TITLE OF DOCTOR. An occupational therapist
or occupational therapy assistant may not use the abbreviation
"Dr.," the word "Doctor," or any suffix or affix indicating or
implying that the person is a physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Sec. 454.051. BOARD MEMBERSHIP. (a) The Texas Board of
Occupational Therapy Examiners consists of nine members appointed
by the governor with the advice and consent of the senate as
follows:
(1) four occupational therapist members who have practiced
occupational therapy for at least the three years preceding
appointment to the board;
(2) two occupational therapy assistant members, each of whom has
practiced as an occupational therapy assistant for at least the
three years preceding appointment to the board; and
(3) three members who represent the public and who are not
occupational therapists.
(b) Appointments to the board shall be made without regard to
the race, creed, sex, religion, or national origin of the
appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.211(a), eff.
Sept. 1, 2001.
Sec. 454.052. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the board 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 the executive
council or the board or that receives funds from the executive
council or the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the executive council or the board or that receives
funds from the executive council or the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the executive council or the board, other
than compensation or reimbursement authorized by law for
executive council or board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.053. MEMBERSHIP 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 board.
(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 board.
(d) A person may not serve as a member of the board 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 or the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.054. TERMS; VACANCY. (a) Members of the board serve
staggered six-year terms, with the terms of two members licensed
under this chapter and one member who represents the public
expiring on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.211(b), eff.
Sept. 1, 2001.
Sec. 454.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the qualifications
required by Section 454.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 454.051(a);
(3) violates a prohibition established by Section 454.053;
(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
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the coordinator of occupational therapy programs has
knowledge that a potential ground for removal exists, the
coordinator shall notify the presiding officer of the board of
the ground. The presiding officer shall then notify the governor
that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.056. PER DIEM; REIMBURSEMENT. (a) A member of the
board is entitled to a per diem as set by the General
Appropriations Act for each day the member engages in board
business.
(b) A member may receive reimbursement for meals, lodging, and
transportation expenses as provided by the General Appropriations
Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.212(a), eff.
Sept. 1, 2001.
Sec. 454.057. OFFICERS. After the appointment of members every
two years, the members of the board shall elect from among its
members a presiding officer, a secretary, and other officers
required to conduct the business of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.058. MEETINGS. (a) The board shall hold at least two
regular meetings each year.
(b) Additional meetings may be held on the call of the presiding
officer or on the written request of three members of the board.
(c) The coordinator of occupational therapy programs shall keep
a record of each meeting of the board. The record must be open to
public inspection at all times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.059. TRAINING. (a) Before a member of the board may
assume the member's duties, the member must complete at least a
course of the training program established by the board under
this section.
(b) The training program shall provide information to a
participant regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of Chapters 551, 552, 2001, and 2002,
Government Code;
(8) the requirements of the conflict of interest laws and other
laws relating to public officials; and
(9) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) In developing the training requirements provided for by this
section, the board shall consult with the governor's office, the
attorney general's office, and the Texas Ethics Commission.
(d) If another state agency or entity is given the authority to
establish the training requirements, the board shall allow that
training instead of developing its own program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.060. CIVIL LIABILITY. A member of the board is not
liable in a civil action for an act performed in good faith while
performing duties as a board member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 454.101. GENERAL POWERS AND DUTIES. Except as provided by
Chapter 452, the board shall administer and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.102. RULES. The board shall adopt rules consistent
with this chapter to carry out its duties in administering this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.103. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive
practices by the person.
(b) The board may not include in rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.104. FEES. (a) The board may recommend to the
executive council reasonable and necessary fees for licenses
issued or services performed under this chapter that in the
aggregate provide sufficient revenue to cover the cost of
administering this chapter.
(b) The board may not recommend to the executive council a fee
that existed on September 1, 1993, for an amount less than the
amount of the fee on that date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.105. EMPLOYEES; DIVISION OF RESPONSIBILITIES. (a) The
board may request the executive council to assign administrative
and clerical employees as necessary to carry out the board's
functions.
(b) The board shall develop and implement policies that clearly
define the respective responsibilities of the board and the staff
of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.106. LIST OF LICENSE HOLDERS. (a) The coordinator of
occupational therapy programs shall maintain a list of the names
of each person licensed under this chapter.
(b) The list shall be open to public inspection at all times.
(c) On March 1 of each year, the coordinator of occupational
therapy programs shall transmit an official copy of the list to
the executive council.
(d) A certified copy of the list is admissible as evidence in a
court of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.213(a), eff.
Sept. 1, 2001.
Sec. 454.107. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 454.151. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board 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. 454.152. RECORD OF COMPLAINTS. (a) The board shall keep
an information file about each complaint filed with the executive
council and referred to the board. The board's information file
shall be kept current and contain a record for each complaint of:
(1) each person contacted in relation to the complaint;
(2) a summary of findings made at each step of the complaint
process;
(3) an explanation of the legal basis and reason for a complaint
that is dismissed;
(4) the schedule required under Section 454.153 and a notation
about a change in the schedule; and
(5) other relevant information.
(b) If a written complaint is received by the board that the
board has authority to resolve, the board, at least quarterly and
until final disposition of the complaint, shall notify the
parties to the complaint of the status of the complaint unless
notice would jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.153. GENERAL RULES INVOLVING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules relating to
the investigation of a complaint received by the board. The rules
shall:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint;
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator;
and
(6) require the board to advise the executive council of
complaints that have been disposed of.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of an
investigation of a complaint that is under the control of the
board not later than the 30th day after the date the board
receives the complaint.
(c) Each party shall be notified of the projected time
requirements for the complaint.
(d) Each party to the complaint must be notified of a change in
the schedule not later than the seventh day after the date the
change is made.
(e) The coordinator of occupational therapy programs shall
notify the board of a complaint that extends beyond the time
prescribed by the board for resolving the complaint so that the
board may take necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.154. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. LICENSE REQUIREMENTS; REGISTRATION OF FACILITIES
Sec. 454.201. LICENSE REQUIRED; USE OF TITLE. (a) A person may
not practice occupational therapy or practice as an occupational
therapy assistant unless the person is an individual licensed
under this chapter.
(b) A person who is not licensed under this chapter as an
occupational therapist or an occupational therapy assistant or
whose license has been suspended or revoked may not:
(1) use in connection with the person's practice or place of
business:
(A) the words "occupational therapy," "occupational therapist,"
"licensed occupational therapist," "occupational therapist
registered," "occupational therapy assistant," "licensed
occupational therapy assistant," or "certified occupational
therapy assistant";
(B) the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.,"
"O.T.A.," "L.O.T.A.," or "C.O.T.A."; or
(C) any other words, letters, abbreviations, or insignia
indicating or implying that the person is an occupational
therapist or an occupational therapy assistant;
(2) in any way directly or by implication represent that the
person is an occupational therapist or an occupational therapy
assistant; or
(3) in any way directly or indirectly represent that
occupational therapy is provided, or extend or provide
occupational therapy services unless the services are provided by
an occupational therapist or an occupational therapy assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.202. APPLICATION. (a) An applicant for an
occupational therapist license or an occupational therapy
assistant license must submit to the board a written application
on a form provided by the board, showing to the satisfaction of
the board that the applicant meets the requirements of Section
454.203.
(b) The board shall approve applicants for licenses at least
once each year at reasonable times and places designated by the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.203. QUALIFICATIONS FOR OCCUPATIONAL THERAPIST OR
OCCUPATIONAL THERAPY ASSISTANT LICENSE. (a) An applicant for an
occupational therapist license or an occupational therapy
assistant license must present evidence satisfactory to the board
that the applicant has:
(1) successfully completed the academic requirements of an
educational program in occupational therapy recognized by the
board, as provided by Section 454.204;
(2) successfully completed a period of supervised field work
experience arranged by the recognized educational institution at
which the applicant met the academic requirements; and
(3) passed an examination as provided by Section 454.207.
(b) To satisfy the supervised field work experience required by
Subsection (a)(2):
(1) an occupational therapist must have completed a period of at
least six months; and
(2) an occupational therapy assistant must have completed a
period of at least two months.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.204. EDUCATIONAL REQUIREMENTS. To satisfy Section
454.203(a)(1):
(1) an applicant applying for an occupational therapist license
must have, from a program approved by the Accreditation Council
for Occupational Therapy Education, its predecessor organization,
or another national credentialing agency approved by the board:
(A) a baccalaureate degree in occupational therapy, if the
applicant graduated before January 1, 2007;
(B) a certificate evidencing successful completion of required
undergraduate occupational therapy course work awarded to persons
with a baccalaureate degree that is not in occupational therapy,
if the applicant graduated before January 1, 2007; or
(C) a postbaccalaureate degree in occupational therapy; and
(2) an applicant applying for an occupational therapy assistant
license must have:
(A) an associate degree in occupational therapy; or
(B) an occupational therapy assistant certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
401, Sec. 1, eff. June 19, 2009.
Sec. 454.205. FOREIGN-TRAINED APPLICANTS. (a) To obtain a
license under this chapter, an applicant who is foreign-trained
must satisfy the examination requirements of Section
454.203(a)(3).
(b) Before allowing the applicant to take the examination, the
board shall require the applicant to furnish proof of:
(1) good moral character; and
(2) completion of the educational and supervised field work
requirements substantially equal to those under Section 454.203.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.206. APPLICATION FOR EXAMINATION. (a) A person must
satisfy the requirements of Sections 454.202(a) and 454.203(a)(1)
and (2) before the person may apply for the examination.
(b) The board shall prescribe the manner in which the person may
apply for the examination.
(c) The application must be accompanied by a nonrefundable fee
prescribed by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.207. LICENSE EXAMINATION. (a) The board shall examine
each applicant for a license by written examination to test the
applicant's knowledge of the basic and clinical sciences relating
to occupational therapy, occupational therapy techniques and
methods, and other subjects the board may require to determine
the applicant's fitness to practice.
(b) The board shall examine applicants for licenses at least
twice each year at the board's regular meetings and under the
supervision required by the board.
(c) The board shall:
(1) approve an examination for:
(A) occupational therapists; and
(B) occupational therapy assistants;
(2) establish standards for acceptable performance; and
(3) have the written portion of the examination validated by an
independent testing entity.
(d) The board shall give reasonable public notice of the
examination in accordance with its rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.208. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of the licensing examination not
later than the 30th day after the date the examination is
administered. If an examination is graded or reviewed by a
national testing service, the board shall notify each examinee of
the results of the examination not later than the 14th day after
the date the board receives the results from the testing service.
(b) If the notice of the examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the board shall notify each
examinee of the reason for the delay before the 90th day.
(c) An applicant may obtain the applicant's examination score
and review the applicant's papers in accordance with rules
adopted by the board. If requested in writing by a person who
fails a licensing examination, the board shall furnish the person
with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.209. REEXAMINATION. (a) An applicant who fails an
examination given by the board may take a second examination on
payment of the prescribed fees.
(b) An applicant who fails the second examination may take a
third examination after a specific period of not longer than one
year if the applicant meets the requirements prescribed for
previous examinations.
(c) An applicant who fails the third examination may take
additional tests at the board's discretion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.210. PROVISIONAL LICENSE. (a) On application, the
board shall issue a provisional license for the practice of
occupational therapy to an applicant who:
(1) is licensed in good standing as an occupational therapist or
occupational therapy assistant in another state that has
licensing requirements that are substantially equivalent to the
requirements of this chapter; and
(2) has passed a national examination or other examination
recognized by the board relating to the practice of occupational
therapy.
(b) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for an occupational therapist or occupational therapy assistant
license.
(c) The board shall issue an occupational therapist or
occupational therapy assistant license to the provisional license
holder if:
(1) the provisional license holder passes a jurisprudence
examination, if required;
(2) the board verifies that the provisional license holder has
the academic and experience requirements for an occupational
therapist or occupational therapy assistant license; and
(3) the provisional license holder satisfies any other
requirements for an occupational therapist or occupational
therapy assistant license.
(d) The board must complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the provisional license is issued. The
board may extend that deadline if the results of an examination
have not been received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.214(a), eff.
Sept. 1, 2001.
Sec. 454.211. TEMPORARY LICENSE. (a) The board by rule may
provide for the issuance of a temporary license.
(b) The holder of a temporary license must practice under the
supervision of an occupational therapist.
(c) A rule adopted under this section must include a time limit
for a person to hold a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.212. INACTIVE STATUS. (a) The board by rule may
provide for a license holder to place the holder's license under
this chapter on inactive status.
(b) A rule adopted under this section must include a time limit
for a license holder's license to remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.213. ACCEPTED PRACTICE; PRACTITIONER'S REFERRAL. (a)
An occupational therapist may enter a case to:
(1) provide consultation and monitored services; or
(2) evaluate a person for the need for services.
(b) Implementation of direct occupational therapy to a person
for a specific health care condition must be based on a referral
from:
(1) a physician licensed by a state board of medical examiners;
(2) a dentist licensed by a state board of dental examiners;
(3) a chiropractor licensed by a state board of chiropractic
examiners;
(4) a podiatrist licensed by a state board of podiatric medical
examiners; or
(5) another qualified, licensed health care professional who is
authorized to refer for health care services within the scope of
the professional's license.
(c) The professional who takes action under this section is a
referring practitioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.215(a), eff.
Sept. 1, 2001.
Sec. 454.214. DISPLAY OF LICENSE AND RENEWAL CERTIFICATE. A
license holder under this chapter shall display the license
holder's license and renewal certificate in a conspicuous place
in the principal office in which the license holder practices
occupational therapy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.215. OCCUPATIONAL THERAPY FACILITY REGISTRATION. (a)
The board by rule shall adopt requirements for the registration
and renewal of a registration of a facility in which the practice
of occupational therapy is conducted. A facility licensed under
Subtitle B, Title 4, Health and Safety Code, is exempt from the
registration requirements under this section. The board by rule
may exempt other facilities as appropriate.
(b) If a person owns more than one occupational therapy
facility, the board may require only one application for the
registration of all facilities.
(c) The board by rule shall adopt a procedure whereby an
occupational therapy facility may apply for exemption from any
registration fees under this section.
(d) A facility may not represent that it offers occupational
therapy services unless it employs the services of a license
holder under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE RENEWAL
Sec. 454.251. LICENSE EXPIRATION. (a) The board by rule may
adopt a system under which licenses expire on various dates
during the year.
(b) For the term in which the license expiration date is
changed, license fees shall be prorated on a monthly basis so
that each license holder pays only that portion of the license
fee that is allocable to the number of months during which the
license is valid. On renewal of the license on the new expiration
date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.252. RENEWAL OF LICENSE. (a) A person may renew an
unexpired license by paying the required renewal fee to the
executive council before the expiration date of the license.
(b) A person whose license has been expired for 90 days or less
may renew the license by paying to the executive council the
renewal fee and a late fee set by the executive council that may
not exceed one-half of the examination fee for the license. If a
person's license has been expired for more than 90 days but less
than one year, the person may renew the license by paying to the
executive council all unpaid renewal fees and a late fee set by
the executive council that may not exceed the amount charged for
examination for the license.
(c) A person whose license has been expired for one year or
longer must comply with the board's requirements and procedures
to reinstate the license, and pay a reinstatement fee set by the
executive council. If the board requirements cannot be met, the
person may obtain a new license by submitting to reexamination
and complying with the requirements and procedures for obtaining
an original license.
(d) At least 30 days before the expiration of a person's
license, the executive council shall send written notice of the
impending license expiration to the license holder at the
person's last known address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
401, Sec. 2, eff. June 19, 2009.
Sec. 454.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without reexamination the
expired license of a person who was licensed to practice as an
occupational therapist or occupational therapy assistant in this
state, moved to another state, is currently licensed and in good
standing in the other state, and meets the board's requirements.
(b) The person must pay to the executive council a renewal fee
set by the executive council in an amount that may not exceed the
examination fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
401, Sec. 3, eff. June 19, 2009.
Sec. 454.254. MANDATORY CONTINUING EDUCATION. (a) The board by
rule shall:
(1) assess the continuing education needs of license holders;
(2) establish a minimum number of hours of continuing education
required to renew a license; and
(3) develop a process to evaluate and approve continuing
education courses.
(b) The board may require license holders to attend continuing
education courses specified by the board. The board shall adopt a
procedure to assess a license holder's participation in
continuing education programs.
(c) The board shall identify the key factors for the competent
performance by a license holder of the license holder's
professional duties.
(d) In adopting rules under Subsection (a)(3), the board may
authorize license holder peer organizations in this state to
evaluate and approve continuing education courses in accordance
with the board's evaluation and approval process.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 166, Sec. 1, eff. May 18,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
401, Sec. 4, eff. June 19, 2009.
SUBCHAPTER G. DISCIPLINARY ACTION AND PROCEDURE
Sec. 454.301. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF
LICENSE HOLDER. (a) The board may deny, suspend, or revoke a
license or take other disciplinary action against a license
holder if the applicant or license holder has:
(1) used drugs or intoxicating liquors to an extent that affects
the applicant's or license holder's professional competence;
(2) been convicted of a crime, other than a minor offense
defined as a "minor misdemeanor," "violation," or "offense," in
any court if the act for which the applicant or license holder
was convicted is determined by the board to have a direct bearing
on whether the applicant or license holder should be entrusted to
serve the public in the capacity of an occupational therapist or
occupational therapy assistant;
(3) obtained or attempted to obtain a license by fraud or
deception;
(4) been grossly negligent in the practice of occupational
therapy or in acting as an occupational therapy assistant;
(5) been found mentally incompetent by a court;
(6) practiced occupational therapy in a manner detrimental to
the public health and welfare;
(7) advertised in a manner that in any way tends to deceive or
defraud the public;
(8) had a license to practice occupational therapy revoked or
suspended or had other disciplinary action taken against the
applicant or license holder by the proper licensing authority of
another state, territory, or nation; or
(9) had the applicant's or license holder's application for a
license refused, revoked, or suspended by the proper licensing
authority of another state, territory, or nation.
(b) If a license suspension is probated, the board may require
the license holder to:
(1) report regularly to the board on matters that are the basis
of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review continuing professional education until
the license holder attains a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.302. PROCEDURES FOR DISCIPLINARY ACTION; SCHEDULE OF
SANCTIONS. (a) Proceedings for disciplinary action against a
license holder and appeals from those proceedings are governed by
Chapter 2001, Government Code.
(b) After a hearing by the State Office of Administrative
Hearings, the board may deny or refuse to renew a license,
suspend or revoke a license, reprimand a license holder, or
impose probationary conditions.
(c) The State Office of Administrative Hearings shall use the
schedule of sanctions adopted by the board by rule for a sanction
imposed as the result of a hearing conducted by the office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.303. ISSUANCE OF LICENSE AFTER DENIAL; REISSUANCE OF
LICENSE. On application by the person, the board may issue a
license to a person whose license has been denied or reissue a
license to a person who has been disciplined by the board. The
application:
(1) may not be made before the 180th day after the date the
denial or discipline order became final; and
(2) must be made in the manner and form the board requires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.304. INFORMAL PROCEEDINGS. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) informal proceedings held in compliance with Section
2001.054, Government Code.
(b) A rule adopted under this section must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of the board's legal counsel or a
representative of the attorney general to advise the board or the
board's employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.305. EMERGENCY SUSPENSION. (a) The board may
temporarily suspend a license issued under this chapter on an
emergency basis if the board determines that the continued
practice by the license holder constitutes a continuing or
imminent threat to the public health or welfare.
(b) A temporary suspension under this section requires a
two-thirds vote by the board.
(c) A license temporarily suspended under this section may be
suspended without notice or hearing if, at the time the
suspension is ordered, a hearing on whether to institute a
disciplinary proceeding against the license holder is scheduled
to be held not later than the 14th day after the date of the
temporary suspension. A second hearing on the suspended license
must be held not later than the 60th day after the date the
temporary suspension was ordered. If the second hearing is not
held within the required time, the suspended license is
automatically reinstated.
(d) The board shall adopt rules that establish procedures and
standards for the temporary suspension of a license under this
section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.216(a), eff.
Sept. 1, 2001.
Sec. 454.306. SUBPOENA. (a) The board may request or compel by
subpoena:
(1) the attendance of a witness for examination under oath; and
(2) the production for inspection and copying of records,
documents, and other evidence relevant to the investigation of an
alleged violation of this chapter.
(b) If a person fails to comply with a subpoena issued under
this section, the board, acting through the attorney general, may
bring an action to enforce the subpoena in a district court in
Travis County or in a county in which a hearing conducted by the
board may be held. If the court determines that good cause exists
for the subpoena, the court shall order compliance. The court may
punish for contempt a person who does not obey the order.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.217(a), eff.
Sept. 1, 2001.
SUBCHAPTER H. PENALTIES AND ENFORCEMENT PROCEDURES
Sec. 454.351. INJUNCTIVE RELIEF. The attorney general, a
district attorney, a county attorney, or any other person may
institute a proceeding to enforce this chapter, including a suit
to enjoin a person from practicing occupational therapy without
complying with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.352. MONITORING OF LICENSE HOLDER. The board by rule
shall develop a system for monitoring a license holder's
compliance with this chapter. The rules must include procedures
for:
(1) monitoring for compliance a license holder who is ordered by
the board to perform a certain act; and
(2) identifying and monitoring each license holder who
represents a risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.3521. ADMINISTRATIVE PENALTY. (a) The board may
impose an administrative penalty against a person licensed or
facility registered under this chapter who violates this chapter
or a rule or order adopted under this chapter.
(b) The penalty may not exceed $200, and each day a violation
continues or occurs is a separate violation for the purpose of
imposing a penalty. The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of any prohibited acts, and
the hazard or potential hazard created to the health, safety, or
economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts to correct the violation; and
(5) any other matter that justice requires.
(c) The person may stay enforcement during the time the order is
under judicial review if the person pays the penalty to the court
clerk or files a supersedeas bond with the court in the amount of
the penalty. A person who cannot afford to pay the penalty or
file the bond may stay enforcement by filing an affidavit like
that required by the Texas Rules of Civil Procedure for a party
who cannot afford to file security for costs, except that the
board may contest the affidavit as provided by those rules.
(d) A proceeding to impose an administrative penalty is subject
to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.218(a), eff.
Sept. 1, 2001.
Sec. 454.353. CIVIL PENALTY. (a) A person found by a court to
have violated this chapter is liable to this state for a civil
penalty of $200 for each day the violation continues.
(b) A civil penalty may be recovered in a suit brought by the
attorney general, a district attorney, a county attorney, or any
other person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.354. RECOVERY OF COSTS AND FEES. A person other than
the attorney general, a district attorney, or a county attorney
who brings an action to enforce this chapter or for injunctive
relief may recover the person's court costs and attorney's fees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 454.355. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter.
(b) An offense under this section is a Class A misdemeanor.
(c) Each day of violation constitutes a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.