CHAPTER 454. OCCUPATIONAL THERAPISTS

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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.

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.

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.

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.

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.

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.

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.

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

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

(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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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