CHAPTER 452. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS

State Codes and Statutes

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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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

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