CHAPTER 605. ORTHOTISTS AND PROSTHETISTS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL

EQUIPMENT

CHAPTER 605. ORTHOTISTS AND PROSTHETISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 605.001. SHORT TITLE. This chapter may be cited as the

Orthotics and Prosthetics Act.

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

Sec. 605.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Orthotics and Prosthetics.

(2) "Commissioner" means the commissioner of public health.

(3) "Custom-fabricated" means an orthosis or prosthesis

designed, prescribed, fabricated, fitted, and aligned for a

specific individual in accordance with sound biomechanical

principles.

(4) "Custom-fitted" means an orthosis or prosthesis adjusted,

prescribed, fitted, and aligned for a specific individual in

accordance with sound biomechanical principles.

(5) "Department" means the Texas Department of Health.

(6) "Licensed orthotist" or "LO" means a person licensed under

this chapter who practices orthotics and represents the person to

the public by a title or description of services that includes

the term "orthotics," "orthotist," "brace," "orthoses,"

"orthotic," or a similar title or description of services.

(7) "Licensed orthotist assistant" or "LOA" means a person

licensed under this chapter who assists at an orthotic or

prosthetic facility and is under the supervision of a licensed

orthotist responsible for the acts of the assistant.

(8) "Licensed prosthetist" or "LP" means a person licensed under

this chapter who practices prosthetics and represents the person

to the public by a title or description of services that includes

the term "prosthetics," "prosthetist," "prostheses,"

"prosthetic," "artificial limb," or a similar title or

description of services.

(9) "Licensed prosthetist assistant" or "LPA" means a person

licensed under this chapter who assists at an orthotic or

prosthetic facility and is under the supervision of a licensed

prosthetist responsible for the acts of the assistant.

(10) "Licensed prosthetist orthotist" or "LPO" means a person

licensed under this chapter who practices both orthotics and

prosthetics and represents the person to the public by a title or

description of services that includes the terms "prosthetics

orthotics," "prosthetist orthotist," "prosthetic orthotic,"

"artificial limb," "brace," or a similar title or description of

services.

(11) "Licensed prosthetist orthotist assistant" or "LPOA" means

a person licensed under this chapter who assists at an orthotic

or prosthetic facility and is under the supervision of a licensed

prosthetist orthotist or a licensed prosthetist and licensed

orthotist responsible for the acts of the assistant.

(12) "Orthosis" means a custom-fabricated or custom-fitted

medical device designed to provide for the support, alignment,

prevention, or correction of a neuromuscular or musculoskeletal

disease, injury, or deformity. The term does not include a fabric

or elastic support, corset, arch support, low-temperature plastic

splint, truss, elastic hose, cane, crutch, soft cervical collar,

orthosis for diagnostic or evaluation purposes, dental appliance,

or any other similar device carried in stock and sold by a

drugstore, department store, or corset shop.

(13) "Orthotic or prosthetic facility" means a location,

including a building or office, where the profession and practice

of orthotics or prosthetics normally takes place.

(14) "Orthotics" means the science and practice of measuring,

designing, fabricating, assembling, fitting, adjusting, or

servicing an orthosis under an order from a licensed physician,

chiropractor, or podiatrist for the correction or alleviation of

a neuromuscular or musculoskeletal dysfunction, disease, injury,

or deformity.

(15) "Person" means an individual, corporation, partnership,

association, or other organization.

(16) "Profession of orthotics or prosthetics" means allied

health care medical services used to identify, prevent, correct,

or alleviate acute or chronic neuromuscular or musculoskeletal

dysfunctions of the human body that support and provide

rehabilitative health care services concerned with the

restoration of function, prevention, or progression of

disabilities resulting from disease, injury, or congenital

anomalies. Orthotic and prosthetic services include direct

patient care, including consultation, evaluation, treatment,

education, and advice to maximize the rehabilitation potential of

disabled individuals.

(17) "Prosthesis" means a custom-fabricated or custom-fitted

medical device used to replace a missing limb, appendage, or

other external human body part but that is not surgically

implanted. The term includes an artificial limb, hand, or foot.

The term does not include:

(A) an artificial eye, ear, finger, or toe;

(B) a dental appliance;

or wig; or

(D) another device that does not have a significant impact on

the musculoskeletal functions of the body.

(18) "Prosthetics" means the science and practice of measuring,

designing, fabricating, assembling, fitting, adjusting, or

servicing a prosthesis under an order from a licensed physician,

chiropractor, or podiatrist.

(19) "Registered orthotic technician" means a person registered

under this chapter who fabricates, assembles, or services

orthoses under the direction of a licensed orthotist or licensed

orthotist assistant responsible for the acts of the technician.

(20) "Registered prosthetic orthotic technician" means a person

registered under this chapter who fabricates, assembles, or

services prostheses and orthoses under the direction of a

licensed orthotist and licensed prosthetist, a licensed

prosthetist orthotist, or a licensed orthotist assistant,

licensed prosthetist assistant, or licensed prosthetist orthotist

assistant responsible for the acts of the technician.

(21) "Registered prosthetic technician" means a person

registered under this chapter who fabricates, assembles, or

services prostheses under the direction of a licensed prosthetist

or licensed prosthetist assistant responsible for the acts of the

technician.

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

Sec. 605.003. APPLICATION OF SUNSET ACT. The Texas Board of

Orthotics and Prosthetics 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 2007, 80th Leg., R.S., Ch.

928, Sec. 4.08, eff. June 15, 2007.

SUBCHAPTER B. TEXAS BOARD OF ORTHOTICS AND PROSTHETICS

Sec. 605.051. TEXAS BOARD OF ORTHOTICS AND PROSTHETICS;

AFFILIATION WITH DEPARTMENT. The Texas Board of Orthotics and

Prosthetics is part of the department and shall perform its

duties as a board with the department.

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

Sec. 605.052. APPOINTMENT OF BOARD; MEMBERSHIP. (a) The board

consists of seven members appointed by the governor with the

advice and consent of the senate as follows:

(1) one licensed orthotist member who has practiced orthotics

for the five years preceding the date of appointment;

(2) one licensed prosthetist member who has practiced

prosthetics for the five years preceding the date of appointment;

(3) one licensed prosthetist orthotist member who has practiced

orthotics and prosthetics for the five years preceding the date

of appointment;

(4) one member who is a representative of the public who uses an

orthosis;

(5) one member who is a representative of the public who uses a

prosthesis; and

(6) two members who are representatives of the public who do not

use an orthosis or prosthesis.

(b) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

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

Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 30.01, eff. Sept.

1, 2003.

Sec. 605.053. ELIGIBILITY OF PUBLIC MEMBERS. A person is not

eligible for appointment as a public member of the board if the

person or 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 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 board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

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

Sec. 605.054. 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 or

employee of the board 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 board and may not be an employee

of the board 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 board or act as

the general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

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

Sec. 605.055. TERMS; VACANCY. (a) Members of the board serve

staggered six-year terms. The terms of two or three members

expire on February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the governor

shall appoint a person to serve for the remainder of the term.

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

Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 30.02, eff. Sept.

1, 2003.

Sec. 605.056. OFFICERS. The members of the board shall elect

from the board's membership a presiding officer, a secretary, and

other officers as required to conduct the board's business.

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

Sec. 605.057. 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 for appointment to the board;

(2) does not maintain during service on the board the

qualifications required for appointment to the board;

(3) violates a prohibition established by this chapter;

(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.

(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.

ground for removal exists, the executive director 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. 605.058. COMPENSATION; REIMBURSEMENT. A board member is

entitled to compensation and reimbursement of travel expenses

incurred, as provided by the General Appropriations Act.

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

Sec. 605.059. MEETINGS. (a) The board may adopt rules

necessary to govern its proceedings.

(b) A special meeting of the board shall be called by the

presiding officer or on the written request of any three members.

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

Sec. 605.060. CIVIL LIABILITY. A board member is not liable for

damages 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.

Sec. 605.061. TRAINING. Each board member shall comply with the

board member training requirements established by any other state

agency authorized to establish the requirements for the board.

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

SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL

Sec. 605.101. EXECUTIVE DIRECTOR. With the advice of the board,

the commissioner shall appoint an executive director to

administer this chapter.

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

Sec. 605.102. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly define the respective

responsibilities of the governing body of the board and the staff

of the board.

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

Sec. 605.103. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The board shall provide, as often as necessary, to

its members and employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

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

Sec. 605.104. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive 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 executive director or the executive director's designee

shall develop a system of annual performance evaluations based on

measurable job tasks. All merit pay for board employees must be

based on the system established under this subsection.

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

Sec. 605.105. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive 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 Chapter 21,

Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state laws, rules, and regulations and instructions

adopted directly under those laws, rules, and regulations;

(3) procedures by which a determination can be made of

significant underuse in the board workforce of all persons for

whom federal or state laws, rules, and regulations and

instructions adopted directly under those laws, rules, and

regulations 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 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 made to the legislature.

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

Sec. 605.106. RECORDS AND REGISTER. (a) The executive director

shall keep a record of each board meeting and maintain a register

containing the name of each person holding a license under this

chapter. The record and register shall be open at all times to

public inspection.

(b) A certified copy of the register is admissible as evidence

in any 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. 14.342(a), eff.

Sept. 1, 2001.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 605.151. GENERAL POWERS OF BOARD. The board may:

(1) investigate complaints;

(2) issue, suspend, deny, and revoke licenses;

(3) reprimand license holders and place license holders on

probation;

(4) in connection with a hearing under Section 605.353, issue

subpoenas;

(5) hold hearings; and

(6) use personnel, facilities, furniture, equipment, and other

items supplied by the department to administer this chapter.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.343(a), eff.

Sept. 1, 2001.

Sec. 605.152. FEES. (a) The board may collect license

application fees, renewal fees, examination fees, and other fees

for administrative expenses.

(b) If the General Appropriations Act does not set the amount of

the fees, the board shall set the fees in amounts reasonable and

necessary for the administration of this chapter.

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

Sec. 605.153. FUNDS RECEIVED BY DEPARTMENT. The department

shall receive and account for funds obtained under this chapter.

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

Sec. 605.154. RULEMAKING. (a) The board shall propose rules

consistent with this chapter to carry out its duties in

administering this chapter.

(b) The board shall submit the proposed rules to the attorney

general for review and shall adopt rules consistent with the

advice of the attorney general.

policies and procedures of the department.

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

Sec. 605.155. EXAMINATIONS. The board must approve any

examination required for a license under this chapter. Each

examination shall be offered at least once each year.

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

Sec. 605.156. ANNUAL REPORT. During January of each year, the

board shall file 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

board during the preceding year.

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

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 605.201. 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. 605.202. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) The board shall keep an information file about each

complaint filed with the board relating to a person regulated by

the board.

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

the notice would jeopardize an undercover investigation.

(d) The board shall list with its regular telephone number any

toll-free telephone number established under other state law for

presenting a complaint about a person regulated or required to be

regulated under this chapter.

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

Sec. 605.2021. SUBPOENAS. (a) In an investigation of a

complaint filed with the board, the board may request that the

commissioner or the commissioner's designee approve the issuance

of a subpoena. If the request is approved, the board may issue a

subpoena to compel the attendance of a relevant witness or the

production, for inspection or copying, of relevant evidence that

is in this state.

(b) A subpoena may be served personally or by certified mail.

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the executive director of the board.

(f) The board shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

board in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) professional orthotist or prosthetist disciplinary boards in

other jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder

of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.344(a), eff.

Sept. 1, 2001.

Sec. 605.203. 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 may be provided

reasonable access to the board's programs.

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

SUBCHAPTER F. LICENSE, REGISTRATION, AND ACCREDITATION

REQUIREMENTS

Sec. 605.251. LICENSE REQUIRED. A person may not practice,

attempt to practice, or offer to practice orthotics or

prosthetics, act as an assistant to a person who practices

orthotics or prosthetics, or in any way hold the person out as

being able to practice orthotics or prosthetics unless the person

holds a license issued by the board under this chapter.

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

Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A

person licensed to practice orthotics or prosthetics who

measures, designs, fabricates, fits, assembles, adjusts, or

services an orthosis or a prosthesis under an order from a

licensed physician, chiropractor, or podiatrist for a specific

patient is exempt from licensing as a device manufacturer under

Subchapter L, Chapter 431, Health and Safety Code. A person

licensed to practice orthotics or prosthetics who fabricates or

assembles an orthosis or a prosthesis without an order from a

licensed physician, chiropractor, or podiatrist for a specific

patient is required to be licensed as a device manufacturer under

Subchapter L, Chapter 431, Health and Safety Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

220, Sec. 1, eff. May 27, 2009.

Sec. 605.252. LICENSE ELIGIBILITY. (a) To be eligible for a

license to practice orthotics or prosthetics in this state, a

person must:

(1) file a written application with the board on the form

prescribed by the board;

(2) pay the nonrefundable application fee;

(3) be a resident of this state;

(4) have completed formal training, including the required hours

of classroom education and clinical practice, in an area of study

the board by rule determines to be necessary and appropriate;

(5) have completed a clinical residency in the professional area

for which a license is sought that complies with the standards,

guidelines, or procedures established by the board for a clinical

residency that is offered in this state or another state; and

(6) have passed each written and practical examination approved

and required by the board.

(b) The requirements for a license established by board rule

must include the requirement that the applicant hold:

(1) a bachelor's degree in orthotics and prosthetics from:

(A) an education program recognized and accredited by the

Commission on Accreditation of Allied Health Education Programs

that is offered at an institution of higher education; or

(B) a practitioner education program that has education

standards that are equivalent to or exceed the standards adopted

by the Commission on Accreditation of Allied Health Education

Programs; or

(2) a bachelor's degree in another subject and an orthotic or

prosthetic certificate issued by a practitioner education

program:

(A) recognized and accredited by the Commission on Accreditation

of Allied Health Education Programs; or

(B) that has education standards that are equivalent to or

exceed the standards adopted by the Commission on Accreditation

of Allied Health Education Programs.

the applicant must complete at least 1,900 hours of professional

clinical residency under the direct supervision of a licensed

orthotist, licensed prosthetist, or a licensed prosthetist

orthotist in the discipline for which licensure is sought.

(d) The board may accept as a substitute for the examination

requirement proof that the license applicant holds a license in a

state that has licensing requirements that are equal to or exceed

the requirements of this chapter.

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

Sec. 605.253. REVIEW OF LICENSE APPLICATIONS. The board shall

review applications for a license 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. 605.254. EXEMPTIONS FROM OR SUBSTITUTES FOR LICENSE

REQUIREMENTS. (a) A person is entitled to an exemption from the

license requirements established by the board under Section

605.252 if the person is a resident of this state who:

(1) applies for the exemption not later than the 181st day after

the date on which the board's initial rules are finally adopted

and:

(A) has provided comprehensive orthotic or prosthetic care for

at least three years before the date of the application,

including practicing orthotics or prosthetics in this state for

the year preceding that date; or

(B) has provided comprehensive orthotic and prosthetic care for

at least six years, including practicing orthotics and

prosthetics in this state for the year preceding the application

date; or

(2) presents evidence satisfactory to the board that the person

possesses unique qualifications to practice orthotics,

prosthetics, or orthotics and prosthetics.

(b) A person who has provided comprehensive orthotic,

prosthetic, or orthotic and prosthetic care in this state for a

term shorter than the number of years required by Subsection

(a)(1) may obtain a license to practice in this state by passing

each written and practical examination approved and required by

the board. The person must:

(1) apply for examination on a form prescribed by the board not

later than the 181st day after the date the board's initial rules

are finally adopted; and

(2) pay the nonrefundable application fee.

determined to be eligible for a license under Subsection (a) or

(b). A person to whom a license is issued under this subsection

is entitled to the same license privileges as if the person met

the educational and vocational requirements of Section 605.252.

The license holder is subject to the license renewal requirements

established by the board, other than the academic, clinical

training, and examination requirements, which the board may not

impose as a condition of the person's license.

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

Sec. 605.255. ASSISTANT LICENSE. (a) An applicant for a

license as an orthotist assistant or prosthetist assistant must:

(1) file a written application with the board on a form provided

by the board;

(2) pay the nonrefundable application fee prescribed by the

board; and

(3) present evidence satisfactory to the board that the

applicant has completed an education program, including courses

in the anatomical, biological, and physical sciences, and a

clinical residency as prescribed and adopted by the board.

(b) An assistant licensed under this section may provide only

ancillary patient care services, as defined by the board, in the

discipline in which the assistant's supervisor is licensed under

this chapter.

requirements established by the board under this section if the

person:

(1) applies for the exemption not later than the 181st day after

the date on which the board's initial rules are finally adopted;

(2) is a resident of this state; and

(3) has practiced in this state within the scope of practice of

an assistant, as defined by the board, for three consecutive

years.

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

Sec. 605.256. ISSUANCE OF LICENSE OR REGISTRATION CERTIFICATE;

TERM. (a) The board may issue a license or registration

certificate under this chapter only to an individual.

(b) The board shall issue a license in orthotics or prosthetics

to an applicant who meets the requirements provided under this

chapter. A license may be granted in either orthotics or

prosthetics, or in both, if the person meets the requirements

established by the board.

may be renewed before expiration.

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

Sec. 605.257. TEMPORARY LICENSE. (a) The board may issue a

temporary license to an individual who:

(1) has recently become a resident of this state;

(2) has applied for a license as an orthotist, prosthetist, or

both; and

(3) has:

(A) practiced orthotics regularly since January 1, 1996; or

(B) been licensed by the state in which the person formerly

resided if that state has license requirements that are equal to

or exceed the requirements of this chapter.

(b) A temporary license is valid for one year from the date

issued. A temporary license may be renewed for not more than one

additional year if the applicant presents evidence sufficient to

the board of good cause for renewal.

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

Sec. 605.258. STUDENT REGISTRATION CERTIFICATE. (a) The board

may issue a student registration certificate to an individual who

is working toward fulfilling the requirements for a license as an

orthotist, prosthetist, or prosthetist orthotist and holds

either:

(1) a bachelor's degree in orthotics and prosthetics from:

(A) an education program recognized and accredited by the

Commission on Accreditation of Allied Health Education Programs

that is offered at an institution of higher education; or

(B) a practitioner education program that has education

standards that are equivalent to or exceed the standards adopted

by the Commission on Accreditation of Allied Health Education

Programs; or

(2) a bachelor's degree in another subject and an orthotic or

prosthetic certificate issued by a practitioner education

program:

(A) recognized and accredited by the Commission on Accreditation

of Allied Health Education Programs; or

(B) that has education standards that are equivalent to or

exceed the standards adopted by the Commission on Accreditation

of Allied Health Education Programs.

(b) A student registrant may work only under the direct

supervision of a licensed orthotist, licensed prosthetist, or

licensed prosthetist orthotist who is responsible for the acts of

the student registrant and licensed in the discipline of the

student registrant's clinical residency.

from the date issued and may be renewed once for an additional

two years.

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

Sec. 605.259. ORTHOTIC OR PROSTHETIC TECHNICIAN REGISTRATION

CERTIFICATE. (a) The board may issue a registered orthotic

technician or registered prosthetic technician certificate to an

applicant who:

(1) files a written application with the board on a form

provided by the board;

(2) pays the nonrefundable application fee; and

(3) presents evidence satisfactory to the board that the

applicant has completed an education program and laboratory

experience as prescribed by the board.

(b) A person is eligible for an exemption from the registration

requirements adopted by the board under this section if the

person:

(1) applies for the exemption not later than the 181st day after

the date on which the board's initial rules under this chapter

are finally adopted;

(2) is a resident of this state; and

(3) has practiced in this state as an orthotic or prosthetic

technician for three consecutive years.

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

Sec. 605.260. ACCREDITATION OF FACILITIES. (a) The board by

rule shall establish requirements for the accreditation and the

renewal of an accreditation of an orthotic or prosthetic facility

in which orthotics or prosthetics are conducted. The board may

issue an accreditation only to an orthotic or prosthetic

facility.

(b) If a person owns more than one facility, the board may

require only one application for the accreditation of each of the

person's facilities. Each orthotic or prosthetic facility must

meet the requirements established by the board.

direction of an orthotist or prosthetist licensed by the board in

the discipline for which accreditation is sought.

(d) The rules adopted under this section may not prohibit a

licensed individual from practicing in an orthotic or prosthetic

facility within the scope of the individual's license.

(e) This section does not apply to a facility licensed under

Subtitle B, Title 4, Health and Safety Code.

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

Sec. 605.261. CONTINUING EDUCATION. (a) The board shall:

(1) adopt rules that require a license holder to participate in

an approved continuing education program to renew a license

issued under this chapter; and

(2) prepare or approve continuing education programs for license

holders.

(b) To renew a license under this chapter, an applicant must

submit to the board evidence of satisfactory completion of the

continuing education requirements required by the board.

comply with the board's continuing education requirements of the

license holder's failure to comply and that failure to obtain the

required continuing education before the expiration of three

months after the date the notice is given constitutes grounds for

the board to suspend or revoke the license holder's license.

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

SUBCHAPTER G. EXEMPTIONS

Sec. 605.301. EXEMPTION FOR LICENSE HOLDERS OF OTHER STATE

AGENCIES. This chapter does not restrict a person who holds a

license issued by another state agency from performing health

care services within the scope of the license holder's applicable

licensing act if the license holder:

(1) practices in conformance with the applicable laws and rules

relating to the person's license; and

(2) does not:

(A) violate Section 605.251;

(B) represent to others that the license holder practices

orthotics or prosthetics; or

"artificial limb," "orthotist," "orthosis," "orthotic," or

"brace" or the letters "LP," "LPA," "LO," "LOA," "LPO," or "LPOA"

or any derivative of those terms or letters in connection with

the license holder's name or practice.

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

Sec. 605.302. EXEMPTION FOR STUDENTS IN ORTHOTICS OR

PROSTHETICS. This chapter does not apply to the activities and

services of a student in orthotics or prosthetics who is:

(1) pursuing a course of study in:

(A) an orthotic or prosthetic program at a college or university

recognized and accredited by the Commission on Accreditation of

Allied Health Education Programs; or

(B) an orthotic or prosthetic education program having education

standards that are equivalent to or exceed the standards adopted

by the Commission on Accreditation of Allied Health Education

Programs; or

(2) working in a recognized training center or research

facility, if the activities and services provided by the person

at the training center or research facility constitute a part of

the person's course of study in the discipline in which the

person's supervisor is licensed under this chapter.

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

Sec. 605.303. EXEMPTION FOR CERTAIN LICENSE HOLDERS. This

chapter does not apply to:

(1) a podiatrist practicing under Chapter 202;

(2) a chiropractor practicing under Chapter 201;

(3) an occupational therapist practicing under Chapter 454; or

(4) a physical therapist practicing under Chapter 453.

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

Sec. 605.304. EXEMPTION FOR PEDORTHISTS. (a) In this section:

(1) "Certified pedorthist" means a person certified by the Board

for Certification in Pedorthics in the design, manufacture, fit,

and modification of shoes and related foot orthoses below the

anatomical ankle joint as prescribed by a licensed doctor of

medicine or a doctor of podiatry for the amelioration of a

painful or disabling condition of the foot; and

(2) "Foot orthosis" includes prosthetic toe fillers or orthoses

for use below the ankle.

(b) This chapter does not apply to a certified pedorthist.

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

Sec. 605.305. EXEMPTION FOR PHARMACISTS. A pharmacist licensed

by the Texas State Board of Pharmacy or a person who is working

under the direct supervision of a pharmacist may practice

orthotics. This chapter does not preclude a pharmacist from being

reimbursed by a state-funded program for providing orthotic

services.

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

SUBCHAPTER H. PROHIBITED PRACTICES, DISCIPLINARY PROCEDURES, AND

PENALTIES

Sec. 605.351. USE OF TITLE. A person or an employee, agent, or

representative of the person may not use in connection with the

person's name or business activities the terms or a combination

of the terms or letters described in Section 605.301(2), indicate

orally or in writing, directly or by implication, that an

orthotic or prosthetic service is provided or supplied, or extend

or provide orthotic or prosthetic services unless the person is

an orthotist or prosthetist or an assistant to an orthotist or

prosthetist licensed under this chapter.

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

Sec. 605.352. VIOLATION OF SECTION 102.001. A person licensed

under this chapter is considered to have violated this chapter if

the person violates Section 102.001.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.827, eff.

Sept. 1, 2001.

Sec. 605.353. DISCIPLINARY ACTIONS. (a) After notice and

opportunity for a hearing, the board may revoke, suspend, or

refuse to renew a license issued under this chapter on a finding

that:

(1) the license was obtained by fraud, misrepresentation, or

concealment of a material fact;

(2) the person engaged in fraud or deceit in connection with

services provided by the person;

(3) the person engaged in unprofessional or unethical conduct;

(4) the person engaged in gross negligence or malpractice; or

(5) the person violated this chapter or a rule adopted under

this chapter.

(b) The board may reinstate a license revoked under Subsection

(a) after the first anniversary of the date of the revocation on

terms the board determines to be necessary.

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

Sec. 605.3535. EMERGENCY SUSPENSION. (a) The board or a

three-member committee of board members designated by the board

shall temporarily suspend the license of a license holder if the

board or committee determines from the evidence or information

presented to it that continued practice by the license holder

would constitute a continuing and imminent threat to the public

welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 20, eff. Sept. 1,

2003.

Sec. 605.354. CIVIL PENALTY. (a) A person who violates this

chapter is subject to a civil penalty of $200 for the first

violation and $500 for each subsequent violation.

(b) Each day a violation of Section 605.351 continues is a

separate violation for the purpose of this section.

the state at the board's request to collect a civil penalty under

this section.

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

Sec. 605.355. ASSISTANCE IN PROSECUTION. The board shall assist

legal authorities in the prosecution of any person violating this

chapter.

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

Sec. 605.356. CRIMINAL PENALTY. (a) A person required to hold

a license under this chapter commits an offense if the person

knowingly practices, attempts to practice, or offers to practice

orthotics or prosthetics without holding a license issued under

this chapter.

(b) An offense under Subsection (a) is a Class A misdemeanor.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 21, eff. Sept. 1,

2003.

SUBCHAPTER I. ADMINISTRATIVE PENALTY

Sec. 605.401. IMPOSITION OF ADMINISTRATIVE PENALTY. The board

may impose an administrative penalty on a person licensed under

this chapter who violates this chapter or a rule or order adopted

under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.402. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.403. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner or the commissioner's designee determines

that a violation occurred, the commissioner or the designee may

issue to the board a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner or the commissioner's designee shall give written

notice of the report to the person. The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended administrative penalty;

and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner or the commissioner's designee; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner or the commissioner's designee, the

board by order shall approve the determination and impose the

recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.405. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner or the commissioner's designee shall set a hearing

and give written notice of the hearing to the person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

conclusions of law and promptly issue to the board a proposal for

a decision about the occurrence of the violation and the amount

of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.406. DECISION BY BOARD. (a) Based on the findings of

fact, conclusions of law, and proposal for decision, the board by

order may determine that:

(1) a violation occurred and impose an administrative penalty;

(2) a violation did not occur.

(b) The notice of the board's order given to the person must

include a statement of the right of the person to judicial review

of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the board's order becomes final,

the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the board's order

is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the commissioner or the

commissioner's designee by certified mail.

a copy of an affidavit under Subsection (b)(2), the commissioner

or the designee may file with the court, within five days after

the date the copy is received, a contest to the affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.408. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.409. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced amount of the

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.410. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the administrative penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

date the penalty is paid and ending on the date the penalty is

remitted.

(d) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(e) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

Sec. 605.411. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case under Chapter 2001, Government

Code.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 22, eff. Sept. 1,

2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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