73R10212 CAG-F
By Counts, Berlanga H.B. No. 1883
Substitute the following for H.B. No. 1883:
By Berlanga C.S.H.B. No. 1883
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of physical therapy and
1-3 occupational therapy, including the creation of the Executive
1-4 Council of Physical Therapy and Occupational Therapy Examiners and
1-5 the continuation and modification of the Texas Board of Physical
1-6 Therapy Examiners and The Texas Advisory Board of Occupational
1-7 Therapy.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 ARTICLE 1.
1-10 EXECUTIVE COUNCIL OF PHYSICAL THERAPY
1-11 AND OCCUPATIONAL THERAPY EXAMINERS
1-12 SECTION 1.01. Chapter 6D, Title 71, Revised Statutes, is
1-13 amended by adding Article 4512e-1 to read as follows:
1-14 Art. 4512e-1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-15 OCCUPATIONAL THERAPY EXAMINERS
1-16 Sec. 1. DEFINITIONS. In this article:
1-17 (1) "Executive council" means the Executive Council of
1-18 Physical Therapy and Occupational Therapy Examiners.
1-19 (2) "Occupational therapy board" means the Texas Board
1-20 of Occupational Therapy Examiners.
1-21 (3) "Physical therapy board" means the Texas Board of
1-22 Physical Therapy Examiners.
1-23 Sec. 2. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-24 OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of
2-1 Physical Therapy and Occupational Therapy Examiners consists of:
2-2 (1) an occupational therapist member of the
2-3 occupational therapy board;
2-4 (2) a public member of the occupational therapy board;
2-5 (3) a physical therapist member of the physical
2-6 therapy board;
2-7 (4) a public member of the physical therapy board; and
2-8 (5) a public member appointed by the governor.
2-9 (b) The members of the executive council who serve also as
2-10 members of the occupational therapy board or the physical therapy
2-11 board are appointed to the executive council by the board on which
2-12 they serve. The occupational therapy board and the physical
2-13 therapy board may also designate an alternate to attend any
2-14 executive council meeting the appointed member cannot attend. The
2-15 alternate has the same powers and duties and is subject to the same
2-16 qualifications as the appointed member.
2-17 (c) The member appointed by the governor is the presiding
2-18 officer of the executive council.
2-19 (d) Appointments to the executive council shall be made
2-20 without regard to the race, color, disability, sex, religion, age,
2-21 or national origin of the appointees.
2-22 Sec. 3. MEETINGS; COMPENSATION; QUORUM. (a) The executive
2-23 council shall hold at least two regular meetings each year.
2-24 Additional meetings may be held on the call of the presiding
2-25 officer or at the written request of three members of the executive
2-26 council.
2-27 (b) The presiding officer of the executive council is
3-1 entitled to a per diem as set by the General Appropriations Act for
3-2 each day that the presiding officer engages in the business of the
3-3 executive council. Other members of the executive council may not
3-4 receive compensation for service on the council. A member may not
3-5 receive any reimbursement for travel expenses, including expenses
3-6 for meals and lodging, other than transportation expenses as
3-7 provided by the General Appropriations Act.
3-8 (c) A quorum of the executive council exists if both
3-9 therapist members and one public member are present.
3-10 Sec. 4. TERMS. (a) A member of the executive council is
3-11 appointed for a two-year term, with a member's term expiring on
3-12 February 1 of each odd-numbered year.
3-13 (b) A member appointed to fill a vacancy shall hold office
3-14 for the remainder of that term.
3-15 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person is not
3-16 eligible for appointment by the governor as a public member of the
3-17 executive council if the person or the person's spouse:
3-18 (1) is registered, certified, or licensed by an
3-19 occupational regulatory agency in the field of health care;
3-20 (2) is employed by or participates in the management
3-21 of a business entity or other organization regulated by the
3-22 executive council, the occupational therapy board, or the physical
3-23 therapy board or receiving funds from the executive council, the
3-24 occupational therapy board, or the physical therapy board;
3-25 (3) owns or controls, directly or indirectly, more
3-26 than 10 percent interest in a business entity or other organization
3-27 regulated by the executive council, the occupational therapy board,
4-1 or the physical therapy board or receiving funds from the executive
4-2 council, the occupational therapy board, or the physical therapy
4-3 board; or
4-4 (4) uses or receives a substantial amount of tangible
4-5 goods, services, or funds from the executive council, the
4-6 occupational therapy board, or the physical therapy board, other
4-7 than compensation or reimbursement authorized by law for executive
4-8 council, occupational therapy board, or physical therapy board
4-9 membership, attendance, or expenses.
4-10 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
4-11 employee, or paid consultant of a Texas trade association in the
4-12 field of health care may not be a member or employee of the
4-13 executive council who is exempt from the state's position
4-14 classification plan or is compensated at or above the amount
4-15 prescribed by the General Appropriations Act for step 1, salary
4-16 group 17, of the position classification salary schedule.
4-17 (b) A person who is the spouse of an officer, manager, or
4-18 paid consultant of a Texas trade association in the field of health
4-19 care may not be a member of the executive council and may not be an
4-20 employee of the executive council who is exempt from the state's
4-21 position classification plan or is compensated at or above the
4-22 amount prescribed by the General Appropriations Act for step 1,
4-23 salary group 17, of the position classification salary schedule.
4-24 (c) For the purposes of this section, a Texas trade
4-25 association is a nonprofit, cooperative, and voluntarily joined
4-26 association of business or professional competitors in this state
4-27 designed to assist its members and its industry or profession in
5-1 dealing with mutual business or professional problems and in
5-2 promoting their common interest.
5-3 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve
5-4 as a member of the executive council or act as the general counsel
5-5 to the executive council if the person is required to register as a
5-6 lobbyist under Chapter 305, Government Code, and its subsequent
5-7 amendments, because of the person's activities for compensation on
5-8 behalf of a profession related to the operation of the executive
5-9 council, the occupational therapy board, or the physical therapy
5-10 board.
5-11 Sec. 8. GROUNDS FOR REMOVAL FROM EXECUTIVE COUNCIL. (a) It
5-12 is a ground for removal from the executive council if a member:
5-13 (1) does not have at the time of appointment the
5-14 qualifications required by Section 2 of this article;
5-15 (2) does not maintain during service on the executive
5-16 council the qualifications required by Section 2 of this article;
5-17 (3) violates a prohibition established by Section 6 or
5-18 7 of this article;
5-19 (4) cannot discharge the member's duties for a
5-20 substantial part of the term for which the member is appointed
5-21 because of illness or disability; or
5-22 (5) is absent from more than half of the regularly
5-23 scheduled executive council meetings that the member is eligible to
5-24 attend during a calendar year unless the absence is excused by
5-25 majority vote of the executive council.
5-26 (b) The validity of an action of the executive council is
5-27 not affected by the fact that it is taken when a ground for removal
6-1 of an executive council member exists.
6-2 (c) If the director has knowledge that a potential ground
6-3 for removal exists, the director shall notify the presiding officer
6-4 of the executive council of the ground. The presiding officer
6-5 shall then notify the authority that appointed the member that a
6-6 potential ground for removal exists.
6-7 Sec. 9. STAFF. (a) The executive council shall employ a
6-8 director and administrative and clerical employees as necessary to
6-9 carry out the functions of the executive council, the occupational
6-10 therapy board, and the physical therapy board.
6-11 (b) The executive council shall develop and implement
6-12 policies that clearly define the respective responsibilities of the
6-13 executive council and the staff of the executive council.
6-14 (c) The director shall employ a coordinator of occupational
6-15 therapy programs and a coordinator of physical therapy programs to
6-16 carry out the respective boards' functions. The coordinators may
6-17 request the executive council to assign additional employees to
6-18 carry out the coordinators' duties.
6-19 Sec. 10. REGULATORY STATUTES ADMINISTERED. Except as
6-20 otherwise provided by this article, the executive council shall
6-21 administer and enforce:
6-22 (1) the physical therapy law, Chapter 836, Acts of the
6-23 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
6-24 Texas Civil Statutes), and its subsequent amendments; and
6-25 (2) the Occupational Therapy Practice Act (Article
6-26 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
6-27 Sec. 11. ADMINISTRATIVE FUNCTIONS OF EXECUTIVE COUNCIL. (a)
7-1 The executive council shall perform the following functions for the
7-2 administration of each regulatory statute administered:
7-3 (1) data processing functions; and
7-4 (2) the administration of records relating to payroll,
7-5 personnel files, vacation and other leave records, employee
7-6 insurance and other benefits records, and employee applications.
7-7 (b) Administrative functions relating to the issuance and
7-8 renewal of licenses, including administration of written
7-9 examinations and collection of fees, are the responsibility of the
7-10 executive council. The executive council's responsibilities
7-11 include the ministerial functions of preparing and delivering
7-12 licenses, obtaining material and information in connection with the
7-13 renewal of a license, and receiving and forwarding complaints to
7-14 the appropriate board. The executive council may not exercise any
7-15 discretionary authority with respect to the original review of an
7-16 applicant's qualifications for licensure or the subsequent review
7-17 of the person's qualifications. The administration of practical
7-18 examinations and other examinations requiring skill or expertise in
7-19 a particular area on the part of the person administering the
7-20 examination is the responsibility of the appropriate board. The
7-21 selection of standardized national or generally accepted
7-22 examinations for a profession or the design of individual
7-23 examinations is the responsibility of the appropriate board.
7-24 (c) Rules concerning the qualifications, licensing,
7-25 regulation, or practice of a profession shall be adopted by the
7-26 appropriate board except as otherwise provided.
7-27 (d) The executive council shall:
8-1 (1) develop and prepare a budget for the executive
8-2 council, the occupational therapy board, and the physical therapy
8-3 board; and
8-4 (2) manage all physical property used by the executive
8-5 council, the occupational therapy board, or the physical therapy
8-6 board.
8-7 (e) The executive council shall set all fees for a license
8-8 issued or service performed by a board represented on the executive
8-9 council.
8-10 Sec. 12. REVIEW FUNCTIONS OF EXECUTIVE COUNCIL. (a) The
8-11 executive council shall examine and evaluate the operations of the
8-12 boards represented on the executive council. The examination shall
8-13 be conducted on an ongoing basis.
8-14 (b) The executive council may structure the examination in a
8-15 manner that the executive council considers appropriate to produce
8-16 an efficient and thorough review.
8-17 Sec. 13. REPORT AND RECOMMENDATIONS. The executive council
8-18 shall prepare a report of its activities and shall file the report
8-19 with the presiding officer of each house of the legislature, the
8-20 governor, and the Legislative Budget Board. The executive council
8-21 shall file the report before January 1 of each odd-numbered year.
8-22 Sec. 14. COOPERATION. Each board represented on the
8-23 executive council shall cooperate with the examination conducted by
8-24 the executive council under this article.
8-25 Sec. 15. REVIEW OF RULES. (a) Before submitting a rule for
8-26 publication in the Texas Register, each board represented on the
8-27 executive council shall forward the proposed rule to the executive
9-1 council for review.
9-2 (b) The executive council may review the rule and shall
9-3 approve the rule for submission for publication unless the rule
9-4 exceeds the rule-making authority of the board.
9-5 (c) If the executive council fails to approve a rule, it
9-6 shall return the rule to the board with an explanation of the
9-7 reasons for the denial.
9-8 Sec. 16. EXPENDITURES; AUDIT. (a) The executive council
9-9 may authorize, from funds appropriated to it, all necessary
9-10 disbursements to carry out:
9-11 (1) this article;
9-12 (2) the physical therapy law, Chapter 836, Acts of the
9-13 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
9-14 Texas Civil Statutes), and its subsequent amendments; and
9-15 (3) the Occupational Therapy Practice Act (Article
9-16 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
9-17 (b) The financial transactions of the executive council are
9-18 subject to audit by the state auditor in accordance with Chapter
9-19 321, Government Code, and its subsequent amendments.
9-20 Sec. 17. ANNUAL FINANCIAL REPORT. The executive council
9-21 shall file annually with the governor and the presiding officer of
9-22 each house of the legislature a complete and detailed written
9-23 report accounting for all funds received and disbursed by the
9-24 executive council during the preceding fiscal year. The annual
9-25 report must be in the form and reported in the time provided by the
9-26 General Appropriations Act.
9-27 Sec. 18. PERSONNEL POLICIES. (a) The director or the
10-1 director's designee shall develop an intraagency career ladder
10-2 program. The program shall require intraagency posting of all
10-3 non-entry-level positions concurrently with any public posting.
10-4 (b) The director or the director's designee shall develop a
10-5 system of annual performance evaluations based on measurable job
10-6 tasks. All merit pay for executive council employees must be based
10-7 on the system established under this subsection.
10-8 Sec. 19. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
10-9 director or the director's designee shall prepare and maintain a
10-10 written policy statement to ensure implementation of a program of
10-11 equal employment opportunity under which all personnel transactions
10-12 are made without regard to race, color, disability, sex, religion,
10-13 age, or national origin. The policy statement must include:
10-14 (1) personnel policies, including policies relating to
10-15 recruitment, evaluation, selection, application, training, and
10-16 promotion of personnel that are in compliance with the Commission
10-17 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
10-18 and its subsequent amendments;
10-19 (2) a comprehensive analysis of the executive council
10-20 work force that meets federal and state guidelines;
10-21 (3) procedures by which a determination can be made of
10-22 significant underutilization in the executive council work force of
10-23 all persons for whom federal or state guidelines encourage a more
10-24 equitable balance; and
10-25 (4) reasonable methods to appropriately address those
10-26 areas of underutilization.
10-27 (b) A policy statement prepared under Subsection (a) of this
11-1 section must cover an annual period, be updated annually, be
11-2 reviewed by the Commission on Human Rights for compliance with
11-3 Subsection (a)(1) of this section, and be filed with the governor's
11-4 office.
11-5 (c) The governor's office shall deliver a biennial report to
11-6 the legislature based on the information received under Subsection
11-7 (b) of this section. The report may be made separately or as part
11-8 of other biennial reports to the legislature.
11-9 Sec. 20. PUBLIC INTEREST INFORMATION. (a) The executive
11-10 council shall prepare information of public interest describing the
11-11 functions of the executive council and the procedures by which
11-12 complaints are filed with and resolved by the executive council,
11-13 the occupational therapy board, or the physical therapy board. The
11-14 executive council shall make the information available to the
11-15 public and appropriate state agencies.
11-16 (b) The executive council by rule shall establish methods by
11-17 which consumers and service recipients are notified of the name,
11-18 mailing address, and telephone number of the executive council for
11-19 the purpose of directing complaints to the executive council. The
11-20 executive council may provide for that notification:
11-21 (1) on each registration form, application, or written
11-22 contract for services of an individual or entity regulated by the
11-23 executive council, the occupational therapy board, or the physical
11-24 therapy board;
11-25 (2) on a sign prominently displayed in the place of
11-26 business of each individual or entity regulated by the executive
11-27 council, the occupational therapy board, or the physical therapy
12-1 board; or
12-2 (3) in a bill for service provided by an individual or
12-3 entity regulated by the executive council, the occupational therapy
12-4 board, or the physical therapy board.
12-5 (c) The executive council shall list along with its regular
12-6 telephone number the toll-free telephone number that may be called
12-7 to present a complaint about a health professional if the toll-free
12-8 number is established under other state law.
12-9 Sec. 21. PUBLIC PARTICIPATION IN EXECUTIVE COUNCIL HEARINGS.
12-10 The executive council shall develop and implement policies that
12-11 provide the public with a reasonable opportunity to appear before
12-12 the executive council and to speak on any issue under the
12-13 jurisdiction of the executive council.
12-14 Sec. 22. PROGRAM ACCESSIBILITY. The executive council shall
12-15 prepare and maintain a written plan that describes how a person who
12-16 does not speak English can be provided reasonable access to the
12-17 executive council's programs. The executive council shall also
12-18 comply with federal and state laws for program and facility
12-19 accessibility.
12-20 Sec. 23. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each
12-21 executive council member shall comply with the executive council
12-22 member training requirements established by any other state agency
12-23 that is given authority to establish the requirements for the
12-24 executive council.
12-25 Sec. 24. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
12-26 executive council is subject to:
12-27 (1) the open meetings law, Chapter 271, Acts of the
13-1 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
13-2 Texas Civil Statutes), and its subsequent amendments; and
13-3 (2) the Administrative Procedure and Texas Register
13-4 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
13-5 subsequent amendments.
13-6 Sec. 25. SUNSET PROVISION. The Executive Council of
13-7 Physical Therapy and Occupational Therapy Examiners is subject to
13-8 Chapter 325, Government Code (Texas Sunset Act), and its subsequent
13-9 amendments. Unless continued in existence as provided by that
13-10 chapter, the executive council is abolished and the following laws
13-11 expire September 1, 2005:
13-12 (1) this article;
13-13 (2) the physical therapy law, Chapter 836, Acts of the
13-14 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
13-15 Texas Civil Statutes), and its subsequent amendments; and
13-16 (3) the Occupational Therapy Practice Act (Article
13-17 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
13-18 ARTICLE 2. THE PRACTICE OF PHYSICAL THERAPY
13-19 SECTION 2.01. Section 1, Chapter 836, Acts of the 62nd
13-20 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
13-21 Civil Statutes), is amended to read as follows:
13-22 Sec. 1. Definitions. In this Act:
13-23 (1) "Physical therapy" means a form of health care
13-24 that prevents, identifies, corrects, and alleviates acute or
13-25 prolonged movement dysfunction or pain of anatomic or physiologic
13-26 origin. Physical therapy includes the testing and measurement of
13-27 the function of the musculoskeletal, neurological, pulmonary, and
14-1 cardiovascular systems and rehabilitative treatment concerned with
14-2 the restoration of function and prevention of disability caused by
14-3 illness, injury, or birth defect. Physical therapy includes
14-4 treatment, consultative, educational, and advisory services for the
14-5 purpose of reducing the incidence and severity of disability and
14-6 pain to enable, train, or retrain an individual to perform the
14-7 independent skills and activities of daily living <the examination,
14-8 treatment, or instruction of human beings to detect, assess,
14-9 prevent, correct, and alleviate physical disability and pain from
14-10 injury, disease, disorders, or physical deformities and includes
14-11 the administration and evaluation of tests and measurements of
14-12 bodily functions and structures in aid of diagnosis or treatment;
14-13 the planning, administration, evaluation, and modification of
14-14 treatment and instruction, including the use of physical measures,
14-15 activities, and devices for preventive and therapeutic purposes on
14-16 the basis of approved test findings and the provision of
14-17 consultative, educational, and advisory services for the purpose of
14-18 reducing the incidence and severity of physical disability and
14-19 pain>. Physical therapy also includes <shall also include> the
14-20 delegation of selective forms of treatment to supportive personnel
14-21 with retention by a physical therapist <assumption> of the
14-22 responsibilities for the care of the patient and continuing
14-23 direction and supervision of the supportive personnel. The use of
14-24 roentgen rays and radium for diagnostic and therapeutic purposes,
14-25 and the use of electricity for surgical purposes, including
14-26 cauterization, are not authorized under the term "physical therapy"
14-27 as used herein, and a license issued hereunder shall not authorize
15-1 the diagnosis of diseases or the practice of medicine as defined by
15-2 law.
15-3 (2) "Physical therapist" <or "physiotherapist"> means
15-4 a person who practices physical therapy and is licensed by the
15-5 Texas Board of Physical Therapy Examiners. "Hydrotherapist,"
15-6 "physiotherapist," <"massage therapist,"> "mechano-therapist,"
15-7 "functional therapist," "physical therapy practitioner," "physical
15-8 therapist specialist," "physical therapy specialist,"
15-9 "physiotherapy practitioner," <"physical therapy technician,">
15-10 "kinesiotherapist," "physical rehabilitation specialist," and
15-11 "myofunctional therapist" are equivalent terms; any derivation of
15-12 the above terms or any reference to any one of them in this Act
15-13 includes the others.
15-14 (3) "Physical therapist assistant" means a person
15-15 licensed by the Texas Board of Physical Therapy Examiners who
15-16 assists and is supervised by <works under the supervision of> a
15-17 licensed physical therapist <and assists a physical therapist> in
15-18 the practice of physical therapy and whose activities require an
15-19 understanding of physical therapy <but do not require a
15-20 professional education equivalent for licensing as a physical
15-21 therapist>.
15-22 (4) "Physical therapy aide" or "physical therapy
15-23 technician" means a person who aids in the practice of physical
15-24 therapy under the on-site supervision of a physical therapist or a
15-25 physical therapist assistant and whose activities require
15-26 on-the-job training <and on-site supervision by the physical
15-27 therapist or a physical therapist assistant>.
16-1 (5) "Board" means the Texas Board of Physical Therapy
16-2 Examiners.
16-3 (6) "Discipline" means the revocation or suspension of
16-4 a license, the placing on probation of a licensee, <whose license
16-5 has been suspended, or> the reprimand of a licensee, the levying of
16-6 fines, or other actions imposed on the licensee or other person for
16-7 a violation of <in accordance with> this Act and rules adopted by
16-8 the board.
16-9 (7) "Practice of physical therapy" means:
16-10 (A) performing, offering to perform, or
16-11 attempting to perform health care that prevents, identifies,
16-12 corrects, and alleviates acute or prolonged movement dysfunction or
16-13 pain of anatomic or physiologic origin, the proper application of
16-14 which requires education, training, and experience in physical
16-15 therapy; or
16-16 (B) publicly professing to be or holding oneself
16-17 out to be a physical therapist or as providing physical therapy.
16-18 (8) "Physical therapy facility" is a physical site,
16-19 such as a building, office, or portable facility, where the
16-20 practice of physical therapy takes place. A physical therapy
16-21 facility must be under the direction of a physical therapist
16-22 licensed by the board and meet any additional requirements as may
16-23 be established by the board.
16-24 (9) "Accredited program" means a physical therapy
16-25 educational program that is currently accredited by the Commission
16-26 on Accreditation in Physical Therapy Education and is associated
16-27 with an institution of higher education.
17-1 (10) "Person" means an individual, a partnership, an
17-2 association of individuals, or a corporation.
17-3 SECTION 2.02. Section 2, Chapter 836, Acts of the 62nd
17-4 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
17-5 Civil Statutes), is amended to read as follows:
17-6 Sec. 2. Creation of Board. (a) There is created a Texas
17-7 Board of Physical Therapy Examiners. The board's purpose is to
17-8 regulate the practice of physical therapy in this state to
17-9 safeguard the health and welfare of the public. The board shall
17-10 consist of nine members appointed by the governor with the advice
17-11 and consent of the senate for staggered terms of six years<, with
17-12 three members' terms expiring on January 31 of each odd-numbered
17-13 year>. Six members must be licensed physical therapists and three
17-14 members must be members of the general public. Two of the physical
17-15 therapist members' terms and one of the public members' terms end
17-16 on January 31 of each odd-numbered year. <A person is not eligible
17-17 for appointment as a public member if the person or the person's
17-18 spouse:>
17-19 <(1) is licensed by an occupational regulatory agency
17-20 in the field of health care;>
17-21 <(2) is employed by or participates in the management
17-22 of a business entity or other organization that provides
17-23 health-care services or that sells, manufacturers, or distributes
17-24 health-care supplies or equipment; or>
17-25 <(3) owns, controls, or has, directly or indirectly,
17-26 any interest in a business entity or other organization that
17-27 provides health-care services or that sells, manufactures, or
18-1 distributes health-care supplies or equipment.>
18-2 (b) A vacancy on the board shall be filled by appointment by
18-3 the governor with the advice and consent of the senate for the
18-4 remainder of the term.
18-5 (c) Appointments to the board shall be made without regard
18-6 to the race, creed, sex, religion, disability, age, or national
18-7 origin of the appointees.
18-8 (d) <The board may appoint an executive director at an
18-9 annual salary as determined by legislative appropriation.>
18-10 <(e) The executive director shall administer this Act and
18-11 carry out the instructions of the board, including the employment
18-12 of investigators and other staff as required to implement the
18-13 purpose of this Act. The executive director or his designee shall
18-14 develop an intraagency career ladder program, one part of which
18-15 shall be the intraagency posting of all nonentry level positions
18-16 for at least 10 days before any public posting. The executive
18-17 director or his designee shall develop a system of annual
18-18 performance evaluations based on measurable job tasks. All merit
18-19 pay authorized by the executive director must be based on the
18-20 system established under this subsection.>
18-21 <(f)> A member of the board is not liable to civil action
18-22 for any act performed in good faith in the execution of the
18-23 member's <his> duties in this capacity.
18-24 <(g) The Texas Board of Physical Therapy Examiners is
18-25 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
18-26 continued in existence as provided by that chapter, the board is
18-27 abolished September 1, 1993.>
19-1 <(h) A member or employee of the board may not be an
19-2 officer, employee, or paid consultant of a trade association in the
19-3 health-care industry. A member or employee of the board may not be
19-4 related within the second degree by affinity or consanguinity, as
19-5 determined under Article 5996h, Revised Statutes, to a person who
19-6 is an officer, employee, or paid consultant of a trade association
19-7 in the regulated industry. A person who is required to register as
19-8 a lobbyist under Chapter 305, Government Code, may not serve as a
19-9 member of the board or act as the general counsel to the board.>
19-10 <(i) It is a ground for removal from the board if a member:>
19-11 <(1) does not have at the time of appointment the
19-12 qualifications required by this section for appointment to the
19-13 board;>
19-14 <(2) does not maintain during the service on the board
19-15 the qualifications required by this section for appointment to the
19-16 board;>
19-17 <(3) violates a prohibition prescribed by Subsection
19-18 (h) of this section; or>
19-19 <(4) fails to attend at least half of the regularly
19-20 scheduled board meetings held in a calendar year, excluding
19-21 meetings held while the person was not a board member.>
19-22 <(j) The validity of an action of the board is not affected
19-23 by the fact that it was taken when a ground for removal of a member
19-24 of the board existed.>
19-25 SECTION 2.03. Section 3, Chapter 836, Acts of the 62nd
19-26 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
19-27 Civil Statutes), is amended to read as follows:
20-1 Sec. 3. Examinations <Powers and Duties of Board>. (a) The
20-2 board shall examine applicants for licenses at least once each year
20-3 at such reasonable places and times as shall be designated by the
20-4 board in its discretion.
20-5 (b) <The board may employ additional employees to aid in
20-6 administering examinations.>
20-7 <(c)> The examination shall cover those subjects generally
20-8 taught by accredited programs and may include the content areas of
20-9 clinical decision-making and evaluation, treatment program planning
20-10 and implementation, administration, education, consultation, and
20-11 research in physical therapy <embrace the following subjects:
20-12 anatomy; pathology; physiology; psychology; physics;
20-13 electrotherapy; radiation therapy; hydrotherapy; massage therapy;
20-14 exercises; physical therapy as applied to medicine; neurology;
20-15 orthopedics; psychiatry; and procedures in the practice of physical
20-16 therapy>.
20-17 (c) Not later than the 30th day <(d) The board shall revoke
20-18 or suspend a license, place on probation a licensee whose license
20-19 has been suspended, or reprimand a licensee for a violation of this
20-20 Act or a rule adopted by the board.>
20-21 <(e) The board may adopt rules consistent with this Act to
20-22 carry out its duties in administering this Act.>
20-23 <(f) Within 30 days> after the date a licensing examination
20-24 is administered under this Act, the board shall notify each
20-25 examinee of the results of the examination. However, if an
20-26 examination is graded or reviewed by a national testing service,
20-27 the board shall notify each examinee of the results of the
21-1 examination not later than the 14th day <within two weeks> after
21-2 the date the board receives the results from the testing service.
21-3 If the notice of the examination results graded or reviewed by a
21-4 national testing service will be delayed for more than 90 days
21-5 after the examination date, the board shall notify each examinee of
21-6 the reason for the delay before the 90th day.
21-7 (d) The board by rule may establish procedures for the
21-8 administration of the examination, including the conditions under
21-9 which and the number of times an applicant may retake an
21-10 examination.
21-11 (e) The board shall have the written portion of the
21-12 examination, if any, validated by an independent testing entity.
21-13 (f) If requested in writing by a person who fails a
21-14 licensing examination administered under this Act, the board shall
21-15 furnish the person with an analysis of the person's performance on
21-16 the examination.
21-17 <(g) The board shall maintain an information file about each
21-18 complaint filed with the board relating to a licensee. If a
21-19 written complaint is filed with the board relating to a licensee,
21-20 the board, at least as frequently as quarterly and until final
21-21 disposition of the complaint, shall notify the parties to the
21-22 complaint of the status of the complaint unless the notice would
21-23 jeopardize an undercover investigation.>
21-24 <(h) The board shall prepare information of consumer
21-25 interest describing the regulatory functions of the board and the
21-26 board's procedures by which consumer complaints are filed with and
21-27 resolved by the board. The board shall also prepare information
22-1 relating to and reporting any previous disciplinary action by the
22-2 board against a physical therapist licensed in this state, the date
22-3 of the action, and the current status of the action. The board
22-4 shall make the information available to the general public and
22-5 appropriate state agencies. The board shall establish a toll-free
22-6 telephone number to make the information immediately available to
22-7 any caller during regular business hours.>
22-8 <(i) Each written contract for services in this state of a
22-9 licensed physical therapist shall contain the name, mailing
22-10 address, and telephone number of the board.>
22-11 <(j) The board is subject to the open meetings law, Chapter
22-12 271, Acts of the 60th Legislature, Regular Session, 1967, as
22-13 amended (Article 6252-17, Vernon's Texas Civil Statutes), and the
22-14 Administrative Procedure and Texas Register Act, as amended
22-15 (Article 6252-13a, Vernon's Texas Civil Statutes).>
22-16 <(k) The board may recognize, prepare, or implement
22-17 continuing education programs for licensees. Participation in the
22-18 programs is mandatory. The board shall adopt rules relating to its
22-19 continuing education requirements, including rules relating to the
22-20 approval of continuing education courses and prescribing the number
22-21 of continuing education hours each licensee must complete to retain
22-22 eligibility for renewal of the license.>
22-23 <(l) If the appropriate standing committees of both houses
22-24 of the legislature acting under Subsection (g), Section 5,
22-25 Administrative Procedure and Texas Register Act, as amended
22-26 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
22-27 board statements opposing adoption of a rule under that section,
23-1 the rule may not take effect, or if the rule has already taken
23-2 effect, the rule is repealed effective on the date the board
23-3 receives the committee's statements.>
23-4 SECTION 2.04. Chapter 836, Acts of the 62nd Legislature,
23-5 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
23-6 Statutes), is amended by adding Sections 2A through 2M to read as
23-7 follows:
23-8 Sec. 2A. COMPENSATION. A member of the board is entitled to
23-9 a per diem as set by the General Appropriations Act for each day
23-10 that the member engages in the business of the board. A member may
23-11 not receive any reimbursement for travel expenses, including
23-12 expenses for meals and lodging, other than transportation expenses
23-13 as provided by the General Appropriations Act.
23-14 Sec. 2B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
23-15 eligible for appointment as a public member of the board if the
23-16 person or the person's spouse:
23-17 (1) is registered, certified, or licensed by an
23-18 occupational regulatory agency in the field of health care;
23-19 (2) is employed by or participates in the management
23-20 of a business entity or other organization regulated by the
23-21 executive council or the board or receiving funds from the
23-22 executive council or the board;
23-23 (3) owns or controls, directly or indirectly, more
23-24 than a 10 percent interest in a business entity or other
23-25 organization regulated by the executive council or the board or
23-26 receiving funds from the executive council or the board; or
23-27 (4) uses or receives a substantial amount of tangible
24-1 goods, services, or funds from the executive council or the board,
24-2 other than compensation or reimbursement authorized by law for
24-3 executive council or board membership, attendance, or expenses.
24-4 Sec. 2C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
24-5 officer, employee, or paid consultant of a Texas trade association
24-6 in the field of health care may not be a board member.
24-7 (b) A person who is the spouse of an officer, manager, or
24-8 paid consultant of a Texas trade association in the field of health
24-9 care may not be a board member.
24-10 (c) For the purposes of this section, a Texas trade
24-11 association is a nonprofit, cooperative, and voluntarily joined
24-12 association of business or professional competitors in this state
24-13 designed to assist its members and its industry or profession in
24-14 dealing with mutual business or professional problems and in
24-15 promoting their common interest.
24-16 Sec. 2D. EFFECT OF LOBBYING ACTIVITY. A person may not
24-17 serve as a board member if the person is required to register as a
24-18 lobbyist under Chapter 305, Government Code, and its subsequent
24-19 amendments, because of the person's activities for compensation on
24-20 behalf of a profession related to the operation of the board.
24-21 Sec. 2E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
24-22 ground for removal from the board if a member:
24-23 (1) does not have at the time of appointment the
24-24 qualifications required by Section 2(a) of this Act;
24-25 (2) does not maintain during service on the board the
24-26 qualifications required by Section 2(a) of this Act;
24-27 (3) violates a prohibition established by Section 2C
25-1 or 2D of this Act;
25-2 (4) cannot discharge the member's duties for a
25-3 substantial part of the term for which the member is appointed
25-4 because of illness or disability; or
25-5 (5) is absent from more than half of the regularly
25-6 scheduled board meetings that the member is eligible to attend
25-7 during a calendar year unless the absence is excused by majority
25-8 vote of the board.
25-9 (b) The validity of an action of the board is not affected
25-10 by the fact that it is taken when a ground for removal of a board
25-11 member exists.
25-12 (c) If the coordinator of physical therapy programs has
25-13 knowledge that a potential ground for removal exists, the
25-14 coordinator shall notify the presiding officer of the board of the
25-15 ground. The presiding officer shall then notify the governor that
25-16 a potential ground for removal exists.
25-17 Sec. 2F. STAFF. (a) The board may request the executive
25-18 council to assign administrative and clerical employees as
25-19 necessary to carry out the board's functions.
25-20 (b) The board shall develop and implement policies that
25-21 clearly define the respective responsibilities of the board and the
25-22 staff of the executive council.
25-23 Sec. 2G. REGULATORY STATUTES ADMINISTERED. Except as
25-24 provided by other statutes, the board shall administer and enforce
25-25 this Act.
25-26 Sec. 2H. PUBLIC INTEREST INFORMATION. The board shall
25-27 prepare information of public interest describing the functions of
26-1 the board and the board's procedures by which complaints are filed
26-2 with and resolved by the board. The board shall make the
26-3 information available to the public and appropriate state agencies.
26-4 Sec. 2I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
26-5 shall develop and implement policies that provide the public with a
26-6 reasonable opportunity to appear before the board and to speak on
26-7 any issue under the jurisdiction of the board.
26-8 Sec. 2J. PROGRAM ACCESSIBILITY. The board shall prepare and
26-9 maintain a written plan that describes how a person who does not
26-10 speak English can be provided reasonable access to the board's
26-11 programs. The board shall also comply with federal and state laws
26-12 for program and facility accessibility.
26-13 Sec. 2K. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
26-14 Each board member shall comply with the board member training
26-15 requirements established by any other state agency that is given
26-16 authority to establish the requirements for the board.
26-17 (b) The board shall provide to its members, as often as
26-18 necessary, information regarding their qualifications for office
26-19 under this Act and their responsibilities under applicable laws
26-20 relating to standards of conduct for state officers.
26-21 Sec. 2L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
26-22 board is subject to:
26-23 (1) the open meetings law, Chapter 271, Acts of the
26-24 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
26-25 Texas Civil Statutes), and its subsequent amendments; and
26-26 (2) the Administrative Procedure and Texas Register
26-27 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
27-1 subsequent amendments.
27-2 Sec. 2M. SUNSET PROVISION. The Texas Board of Physical
27-3 Therapy Examiners is subject to Chapter 325, Government Code (Texas
27-4 Sunset Act), and its subsequent amendments. Unless continued in
27-5 existence as provided by that chapter, the board is abolished and
27-6 this Act expires September 1, 2005.
27-7 SECTION 2.05. Subsections (a) and (b), Section 4, Chapter
27-8 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
27-9 4512e, Vernon's Texas Civil Statutes), are amended to read as
27-10 follows:
27-11 (a) The members of the board shall, on appointment, elect
27-12 from their number a presiding officer <chairman>, secretary, and
27-13 other officers required for the conduct of business. Special
27-14 meetings of the board shall be called by the presiding officer
27-15 <chairman> and secretary, acting jointly, or on the written request
27-16 of any two members. The board may adopt bylaws and rules necessary
27-17 to govern its proceedings and to implement the purposes of this
27-18 Act.
27-19 (b) The secretary shall keep a record of each meeting of the
27-20 board and maintain a register containing the names of all physical
27-21 therapists licensed under this Act, which shall be at all times
27-22 open to public inspection. On March 1 of each year, the
27-23 coordinator of physical therapy programs <executive director> shall
27-24 transmit an official copy of the list of the licensees to the
27-25 executive council and the secretary of state for permanent record,
27-26 a certified copy of which shall be admissible as evidence in any
27-27 court of this state.
28-1 SECTION 2.06. Section 6, Chapter 836, Acts of the 62nd
28-2 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
28-3 Civil Statutes), is amended to read as follows:
28-4 Sec. 6. Exemptions. (a) This Act does not restrict <apply
28-5 to:>
28-6 <(1)> a licensee of another state agency from
28-7 performing health-care services within the scope of the applicable
28-8 licensing act if:
28-9 (1) the licensee does not represent to others that the
28-10 licensee is a physical therapist and does not use the term
28-11 "physical therapy," "physical therapist," "physiotherapy,"
28-12 "physiotherapist," "licensed physical therapist," "registered
28-13 physical therapist," or assistant thereto, or the letters "PT,"
28-14 "PhT," "LPT," or "RPT" or any derivative of those terms in
28-15 connection with the licensee's name or practice; and
28-16 (2) the licensee practices strictly in conformity with
28-17 applicable laws and regulations relating to the licensure and
28-18 observes all prohibitions of Section 7 of this Act.<, an
28-19 occupational therapist who confines his practice to occupational
28-20 therapy, a certified corrective therapist who confines his practice
28-21 to corrective therapy, and a speech pathologist or an audiologist
28-22 who confines his practice to the treatment of communication
28-23 disorders;>
28-24 (b) This Act does not apply to:
28-25 (1) <(2)> a physical therapy aide;
28-26 (2) <(3)> a physical therapy student or physical
28-27 therapist <therapy> assistant student participating in an
29-1 accredited physical therapy or physical therapist assistant
29-2 educational program if the student is <curriculum and> under the
29-3 supervision of a licensee under this Act; or a student
29-4 participating in <of> an accredited allied health science program
29-5 leading to licensure by another state agency if the student is
29-6 <curriculum> under the supervision of properly licensed, certified,
29-7 or registered personnel;
29-8 (3) <(4)> a physical therapist doing special projects
29-9 in patient care while working toward an advanced degree from an
29-10 accredited college or university; or
29-11 (4) <(5)> a physical therapist who does not live in
29-12 this state and is licensed by the appropriate authorities who comes
29-13 into this state to attend educational activities. The duration of
29-14 this exemption shall be no more than six months.
29-15 SECTION 2.07. Section 7, Chapter 836, Acts of the 62nd
29-16 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
29-17 Civil Statutes), is amended to read as follows:
29-18 Sec. 7. Prohibited Acts. (a) A person may not practice
29-19 physical therapy, offer to practice physical therapy, or in any way
29-20 hold the person out as being able to practice physical therapy,
29-21 including practice as a physical therapist or physical therapist
29-22 assistant, unless the individual holds a valid license issued by
29-23 the board <A person may not practice or represent himself as able
29-24 to practice physical therapy, or act or represent himself as being
29-25 a physical therapist unless he is licensed> under this Act.
29-26 (b) <A person may not act or represent himself as being a
29-27 physical therapist assistant unless he is licensed under this Act.>
30-1 <(c)> It is unlawful for any person or for any business, its
30-2 employees, or other agents or representatives to use in connection
30-3 with its name or business activity the words "physical therapy,"
30-4 "physical therapist," "physiotherapy," "physiotherapist," "licensed
30-5 physical therapist," "registered physical therapist," or "physical
30-6 therapist assistant," <assistant thereto,> or the letters "PT,"
30-7 "PhT," "LPT," "RPT," or "PTA" <or "RPT"> or any other words,
30-8 letters, abbreviations, or insignia indicating or implying orally
30-9 or in writing, in print or by sign, or in any other way, directly
30-10 or by implication, that physical therapy is provided or supplied,
30-11 or to extend or provide physical therapy services unless the
30-12 services are provided by a physical therapist licensed under this
30-13 Act.
30-14 (c) It is a violation of this Act to advertise the ability
30-15 to provide physical therapy unless the individual providing the
30-16 physical therapy is licensed under this Act.
30-17 (d) It is a violation of this Act for an individual licensed
30-18 by the board to violate the provisions of Section 161.091, Health
30-19 and Safety Code.
30-20 (e) A violation of any provision of this section will
30-21 subject the violator to the penalties of Section 18 of this Act.
30-22 SECTION 2.08. Section 8, Chapter 836, Acts of the 62nd
30-23 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
30-24 Civil Statutes), is amended by amending Subsection (a) and adding
30-25 Subsection (c) to read as follows:
30-26 (a) An applicant for a license as a physical therapist must
30-27 file a written application, on a form provided by the board,
31-1 accompanied by an examination fee prescribed by the board, which is
31-2 refundable if the applicant does not take the examination, and an
31-3 application fee prescribed by the board, which is not refundable.
31-4 The applicant must present evidence satisfactory to the board that
31-5 the applicant <he> has completed an accredited program or
31-6 equivalent program <curriculum> in physical therapy education.
31-7 "Equivalent program" means that the applicant shall provide
31-8 official documentation from a board approved educational
31-9 credentials review agency, certifying completion of a program
31-10 equivalent to a Commission on Accreditation of Physical Therapy
31-11 Education accredited program and completion of <that has provided
31-12 adequate instruction in the basic sciences, clinical sciences, and
31-13 physical therapy theory and procedures as determined by the board
31-14 and has completed> a minimum of 60 academic semester credits or the
31-15 equivalent from an accredited institution of higher learning <a
31-16 recognized college in which semester hour credits are acceptable
31-17 for transfer to The University of Texas, including courses in
31-18 biological, social, and physical science>.
31-19 (c) The applicant must meet all other requirements and
31-20 qualifications set forth by the board.
31-21 SECTION 2.09. Section 9, Chapter 836, Acts of the 62nd
31-22 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
31-23 Civil Statutes), is amended by amending Subsection (a) and adding
31-24 Subsections (c) and (d) to read as follows:
31-25 (a) An applicant for a physical therapist assistant license
31-26 must file a written application with the board, on a form provided
31-27 by the board, accompanied by an examination fee prescribed by the
32-1 board, which is refundable if the applicant does not take the
32-2 examination, and an application fee prescribed by the board, which
32-3 is not refundable. The applicant must present evidence
32-4 satisfactory to the board that the applicant <he> has completed an
32-5 accredited physical therapist assistant program or an accredited
32-6 physical therapy program, including courses in the anatomical,
32-7 biological, and physical sciences, and clinical procedures as
32-8 prescribed and approved by the board.
32-9 (c) The applicant must meet all other requirements and
32-10 qualifications established by the board.
32-11 (d) The board may grant licensure as a physical therapist
32-12 assistant to an individual who has not completed an accredited
32-13 program for physical therapist assistants if the individual meets
32-14 all requirements of Section 8 of this Act and has had no
32-15 disciplinary action in any other state or nation.
32-16 SECTION 2.10. Section 10, Chapter 836, Acts of the 62nd
32-17 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
32-18 Civil Statutes), is amended to read as follows:
32-19 Sec. 10. PROVISIONAL LICENSE <BY ENDORSEMENT>. (a) The
32-20 board may grant a provisional license to an applicant who presents
32-21 proof of current licensure in another state, including the District
32-22 of Columbia, or territory of the United States that maintains
32-23 professional standards considered by the board to be equivalent to
32-24 those set forth in this Act. An applicant for a provisional
32-25 license under this section must:
32-26 (1) be licensed in good standing as a physical
32-27 therapist or physical therapist assistant in another state, the
33-1 District of Columbia, or a territory of the United States that has
33-2 licensing requirements that are substantially equivalent to the
33-3 requirements of this Act;
33-4 (2) have passed a national or other examination
33-5 recognized by the board relating to the practice of physical
33-6 therapy; and
33-7 (3) be sponsored by a person licensed by the board
33-8 under this Act with whom the provisional licensee may practice
33-9 under this section.
33-10 (b) An applicant for a provisional license may be excused
33-11 from the requirement of Subsection (a)(3) of this section if the
33-12 board determines that compliance with that subsection constitutes a
33-13 hardship to the applicant.
33-14 (c) A provisional license is valid until the date the board
33-15 approves or denies the provisional licensee's application for a
33-16 license. The board shall issue a license under this Act to the
33-17 holder of a provisional license under this section if:
33-18 (1) the provisional licensee passes a jurisprudence
33-19 examination, if required;
33-20 (2) the board verifies that the provisional licensee
33-21 has the academic and experience requirements for a license under
33-22 this Act; and
33-23 (3) the provisional licensee satisfies any other
33-24 license requirements under this Act.
33-25 (d) The board must complete the processing of a provisional
33-26 licensee's application for a license not later than the 180th day
33-27 after the date the provisional license is issued. The board may
34-1 extend the 180-day limit if the results on an examination have not
34-2 been received by the board <A person who is licensed or otherwise
34-3 registered as a physical therapist or as a physical therapist
34-4 assistant by another state, the District of Columbia, or a
34-5 commonwealth or territory of the United States whose requirements
34-6 for licensing or registration were at the date of licensing or
34-7 registration substantially equal to the requirements prescribed by
34-8 this Act may receive a physical therapist license without
34-9 examination on submission of an application on a form prescribed by
34-10 the board and payment of an endorsement license fee prescribed by
34-11 the board>.
34-12 SECTION 2.11. Chapter 836, Acts of the 62nd Legislature,
34-13 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
34-14 Statutes), is amended by adding Section 10A to read as follows:
34-15 Sec. 10A. FOREIGN-TRAINED APPLICANTS. Foreign-trained
34-16 physical therapists or physical therapist assistants shall satisfy
34-17 the examination requirements of Section 8 or 9 of this Act. The
34-18 board shall require foreign-trained applicants to furnish proof of
34-19 good moral character and completion of requirements substantially
34-20 equal to those contained in Section 8 or 9 of this Act before
34-21 taking the examination.
34-22 SECTION 2.12. Section 11, Chapter 836, Acts of the 62nd
34-23 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
34-24 Civil Statutes), is amended to read as follows:
34-25 Sec. 11. Temporary License; INACTIVE STATUS. (a) The board
34-26 by rule may provide for the issuance of a temporary license. A
34-27 holder of a temporary license shall practice under the supervision
35-1 of a licensed physical therapist. Rules adopted under this
35-2 subsection shall include a time limit for a licensee to remain on
35-3 temporary status.
35-4 (b) The board by rule may provide for a person who holds a
35-5 license under this Act to be placed on inactive status. Rules
35-6 adopted under this subsection shall include a time limit for a
35-7 licensee to remain on inactive status <shall issue a temporary
35-8 license without examination to a physical therapist or physical
35-9 therapist assistant who meets the qualifications prescribed by
35-10 Sections 8 and 9 of this Act on submission of a written application
35-11 on a form prescribed by the board, proof that the applicant is in
35-12 this state on a temporary basis to assist in a case of medical
35-13 emergency or to engage in a special physical therapy project, and
35-14 payment of a fee prescribed by the board for a physical therapist
35-15 temporary license or a physical therapist assistant temporary
35-16 license. This license expires one year from the date of issuance.>
35-17 <(b) The board shall issue a temporary license to a person
35-18 who has applied for a license, meets the qualifications prescribed
35-19 by Sections 8 and 9 of this Act, and has paid a fee prescribed by
35-20 the board for a physical therapist temporary license or a physical
35-21 therapist assistant temporary license. This license expires on
35-22 completion of scoring of the next administered examination whether
35-23 the applicant passes the examination or not. Issuance of a
35-24 temporary license following failure of part or all of the
35-25 examination shall be according to rules adopted by the board>.
35-26 SECTION 2.13. Section 12, Chapter 836, Acts of the 62nd
35-27 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
36-1 Civil Statutes), is amended to read as follows:
36-2 Sec. 12. Title. (a) A licensed physical therapist may use
36-3 the title "Physical Therapist." No other person may be so
36-4 designated or permitted to use the term "Physical Therapist." The
36-5 license as a physical therapist does not authorize the use of <the
36-6 prefix "Dr.," the word "Doctor," or> any <suffix or> affix
36-7 indicating or implying that the licensed person is a physician.
36-8 (b) A licensed physical therapist assistant may use the
36-9 title "Physical Therapist Assistant." No other person may be so
36-10 designated or permitted to use the term "Physical Therapist
36-11 Assistant." The license as a physical therapist assistant does not
36-12 authorize the use of <the prefix "Dr.," the word "Doctor," or> any
36-13 <suffix or> affix indicating or implying that the licensed person
36-14 is a physician.
36-15 SECTION 2.14. Section 15, Chapter 836, Acts of the 62nd
36-16 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
36-17 Civil Statutes), is amended to read as follows:
36-18 Sec. 15. Renewal of License. (a) A license issued under
36-19 this Act<, except a temporary license,> expires two years after
36-20 <one year from> the date of issuance.
36-21 (b) A person may renew an <his> unexpired license by paying
36-22 to <filing a renewal application with> the executive council
36-23 <board> before the expiration date of the license<, accompanied by>
36-24 the required renewal fee<. The renewal application must include
36-25 evidence satisfactory to the board that the licensee has fulfilled
36-26 the continuing education requirements imposed under Subsection (k)
36-27 of Section 3 of this Act>.
37-1 (c) If a person's license has been expired for 90 days or
37-2 less, the person may renew the license by paying to the executive
37-3 council the required renewal fee and a fee that is one-half of the
37-4 examination fee for the license.
37-5 (d) If a person's license has been expired for more than 90
37-6 days but less than one year, the person may renew the license by
37-7 paying to the executive council all unpaid renewal fees and a fee
37-8 that is equal to the examination fee for the license.
37-9 (e) If a person's license has been expired for one year or
37-10 more, the person may not renew the license. The person may obtain
37-11 a new license by submitting to reexamination and complying with the
37-12 requirements and procedures for obtaining an original license.
37-13 However, the board may renew without examination an expired license
37-14 of a person who was licensed in this state, moved to another state,
37-15 and is currently licensed and has been in practice in the other
37-16 state for the two years preceding application. The person must pay
37-17 to the executive council a fee that is equal to the examination fee
37-18 for the license.
37-19 (f) At least 30 days before the expiration of a person's
37-20 license, the executive council shall send written notice of the
37-21 impending license expiration to the person at the licensee's last
37-22 known address according to the records of the executive council.
37-23 <(c) If a person's license has been expired for not more
37-24 than 90 days, the person may renew the license by paying to the
37-25 board the required renewal fee and a fee that is one-half of the
37-26 examination fee for the license.>
37-27 <(d) If a person's license has been expired for more than 90
38-1 days but less than two years, the person may renew the license by
38-2 paying to the board all unpaid renewal fees and a fee that is equal
38-3 to the examination fee for the license.>
38-4 <(e) If a person's license has been expired for two years or
38-5 more, the person may not renew the license. The person may obtain
38-6 a new license by submitting to reexamination and complying with the
38-7 requirements and procedures for obtaining an original license.>
38-8 <(f) The board shall notify each licensee in writing of the
38-9 licensee's impending license expiration at least 30 days before the
38-10 expiration date and shall attempt to obtain from the licensee a
38-11 signed statement confirming receipt of the notice.>
38-12 SECTION 2.15. Section 16, Chapter 836, Acts of the 62nd
38-13 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
38-14 Civil Statutes), is amended to read as follows:
38-15 Sec. 16. Alternative Expiration Date System. <(a)> The
38-16 board may adopt a system under which licenses expire on various
38-17 dates during the year.
38-18 <(b)> For the year in which the license expiration date is
38-19 changed, license fees payable on the date of issuance shall be
38-20 prorated on a monthly basis so that each licensee shall pay <pays>
38-21 only that portion of the license fee that is allocable to the
38-22 number of months during which the license is valid.
38-23 <(c)> On renewal of the license on the new expiration date,
38-24 the total license renewal fee is payable.
38-25 SECTION 2.16. Chapter 836, Acts of the 62nd Legislature,
38-26 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
38-27 Statutes), is amended by adding Section 16A to read as follows:
39-1 Sec. 16A. MANDATORY CONTINUING EDUCATION. (a) The board by
39-2 rule shall adopt requirements for mandatory continuing education
39-3 for licensees under this Act in subjects pertaining to the practice
39-4 of physical therapy. The board by rule shall establish a minimum
39-5 number of hours of continuing education required to renew a
39-6 license. The board may assess the continuing education needs of
39-7 licensees and may require licensees to attend continuing education
39-8 courses specified by the board. The board by rule shall develop a
39-9 process to evaluate and approve continuing education courses.
39-10 (b) The board shall identify the key factors for the
39-11 competent performance by a licensee of the licensee's professional
39-12 duties. The board shall adopt a procedure to assess a licensee's
39-13 participation and performance in continuing education programs.
39-14 SECTION 2.17. Section 17, Chapter 836, Acts of the 62nd
39-15 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
39-16 Civil Statutes), is amended to read as follows:
39-17 Sec. 17. Fees. <(a)> The board may recommend to the
39-18 executive council <shall establish> reasonable and necessary fees
39-19 for licenses issued or services performed under this Act so that
39-20 the fees, in the aggregate, produce sufficient revenue to cover the
39-21 cost of administering this Act. The board may not recommend a fee
39-22 to the executive council for an amount less than the amount of that
39-23 fee on September 1, 1993. <for the administration of this Act in
39-24 amounts not to exceed:>
39-25 <Examination>
39-26 <1. Physical Therapist> <$100>
39-27 <2. Physical Therapist Assistant> <90>
40-1 <Application>
40-2 <1. Physical Therapist> <60>
40-3 <2. Physical Therapist Assistant> <60>
40-4 <License Fee>
40-5 <Endorsement>
40-6 <1. Physical Therapist> <100>
40-7 <2. Physical Therapist Assistant> <90>
40-8 <Temporary License>
40-9 <1. Physical Therapist> <40>
40-10 <2. Physical Therapist Assistant> <30>
40-11 <Renewal>
40-12 <1. Physical Therapist> <75>
40-13 <2. Physical Therapist Assistant> <65>
40-14 <Issuance Fee>
40-15 <1. Physical Therapist> <65>
40-16 <2. Physical Therapist Assistant> <65>
40-17 <Duplicate License>
40-18 <1. Physical Therapist> <50>
40-19 <2. Physical Therapist Assistant> <50>
40-20 <Transfer Fee>
40-21 <1. Physical Therapist> <50>
40-22 <2. Physical Therapist Assistant> <50>
40-23 <(b) The board may not maintain unnecessary fund balances,
40-24 and fee amounts shall be set in accordance with this requirement.>
40-25 SECTION 2.18. Section 19, Chapter 836, Acts of the 62nd
40-26 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
40-27 Civil Statutes), is amended to read as follows:
41-1 Sec. 19. GROUNDS FOR DENIAL OF A LICENSE OR DISCIPLINE OF A
41-2 LICENSEE<: COMPETITIVE BIDDING AND ADVERTISING>. (a)(1) A
41-3 license may be denied, or after hearing, suspended or revoked, or a
41-4 licensee otherwise disciplined if the applicant or licensee has:
41-5 (A) provided physical therapy <treatment> to a
41-6 person, except as provided by Subdivision (2) of this subsection,
41-7 without the referral from <of> a physician licensed to practice
41-8 medicine by a state <the Texas State> Board of Medical Examiners,
41-9 or by a dentist licensed by a state <the State> Board of Dental
41-10 Examiners, or a doctor licensed to practice chiropractic by a state
41-11 <the Texas> Board of Chiropractic Examiners or a podiatrist
41-12 licensed by a state <the Texas State> Board of Podiatry Examiners,
41-13 or by any other qualified, licensed health-care professional who
41-14 within the scope of the professional licensure is authorized to
41-15 refer for health care services. The professional taking an action
41-16 under this subdivision is a referring practitioner <personnel who
41-17 are authorized to prescribe treatment of individuals>;
41-18 (B) in the case of a physical therapist
41-19 assistant, treated a person other than under the direction of a
41-20 licensed physical therapist;
41-21 (C) used drugs or intoxicating liquors to an
41-22 extent that affects the licensee's or applicant's <his>
41-23 professional competence;
41-24 (D) been convicted of a felony in this state or
41-25 in any other state, territory, or nation; conviction as used in
41-26 this subdivision includes a finding or verdict of guilty, an
41-27 admission of guilt, or a plea of nolo contendere;
42-1 (E) obtained or attempted to obtain a license by
42-2 fraud or deception;
42-3 (F) been grossly negligent in the practice of
42-4 physical therapy or in acting as a physical therapist assistant;
42-5 (G) been adjudged mentally incompetent by a
42-6 court of competent jurisdiction;
42-7 (H) practiced physical therapy in a manner
42-8 detrimental to the public health and welfare; or
42-9 (I) had the licensee's or applicant's <his>
42-10 license to practice physical therapy revoked or suspended or had
42-11 other disciplinary action taken against the licensee or applicant
42-12 <him> or had the licensee's or applicant's <his> application for a
42-13 license refused, revoked, or suspended by the proper licensing
42-14 authority of another state, territory, or nation.
42-15 (2) A licensed physical therapist may treat a patient
42-16 for an injury or condition that was the subject of a prior referral
42-17 if all of the following conditions are met:
42-18 (A) the physical therapist, within five business
42-19 days, notifies the referring licensed physician, dentist,
42-20 chiropractor, podiatrist, or other referring practitioner <licensed
42-21 health-care personnel> of the commencement of therapy;
42-22 (B) for all episodes of physical therapy
42-23 subsequent to that which was initiated by the referral, the
42-24 physical therapist treats the patient for not more than 20
42-25 treatment sessions or 30 consecutive calendar days, whichever
42-26 occurs first, whereupon the physical therapist must confer with the
42-27 referring practitioner <licensed physician, dentist, chiropractor,
43-1 podiatrist, or other licensed health-care personnel> in order to
43-2 continue the current episode of treatment; and
43-3 (C) the physical therapist commences any episode
43-4 of treatment provided pursuant to this subsection within one year
43-5 of the referral by the referring practitioner <licensed physician,
43-6 dentist, chiropractor, podiatrist, or other licensed health-care
43-7 personnel>.
43-8 (3) No physical therapist may provide treatment
43-9 pursuant to Subdivision (2) of this subsection without having been
43-10 licensed to practice physical therapy for at least one year and
43-11 without satisfying other requirements set by the board.
43-12 (4) A licensed physical therapist may provide physical
43-13 assessments or instructions to an asymptomatic person without the
43-14 referral of a referring practitioner <physician, dentist,
43-15 chiropractor, podiatrist, or other licensed health-care personnel>.
43-16 (5) In emergency circumstances, including minor
43-17 emergencies, a licensed physical therapist may provide assistance
43-18 to a person to the best of the therapist's ability without the
43-19 referral of a referring practitioner <physician, dentist,
43-20 chiropractor, podiatrist, or other licensed health-care personnel>.
43-21 For the purposes of this subsection, "emergency circumstances"
43-22 means instances where emergency medical care is called for.
43-23 "Emergency medical care" means bona fide emergency services
43-24 provided after the sudden onset of a medical condition manifesting
43-25 itself by acute symptoms of sufficient severity, including severe
43-26 pain, such that the absence of immediate medical attention could
43-27 reasonably be expected to result in:
44-1 (A) placing the patient's health in serious
44-2 jeopardy;
44-3 (B) serious impairment to bodily functions; or
44-4 (C) serious dysfunction of any bodily organ or
44-5 part.
44-6 (b) The board may not adopt rules restricting competitive
44-7 bidding or advertising by a person regulated by the board except to
44-8 prohibit false, misleading, or deceptive practices by the person.
44-9 The board may not include in its rules to prohibit false,
44-10 misleading, or deceptive practices by a person regulated by the
44-11 board a rule that:
44-12 (1) restricts the person's use of any medium for
44-13 advertising;
44-14 (2) restricts the person's personal appearance or use
44-15 of his voice in an advertisement;
44-16 (3) relates to the size or duration of an
44-17 advertisement by the person; or
44-18 (4) restricts the person's advertisement under a trade
44-19 name.
44-20 SECTION 2.19. Subsection (a), Section 20, Chapter 836, Acts
44-21 of the 62nd Legislature, Regular Session, 1971 (Article 4512e,
44-22 Vernon's Texas Civil Statutes), is amended to read as follows:
44-23 (a) A person whose application for a license is denied is
44-24 entitled to a hearing before the State Office of Administrative
44-25 Hearings <board> if the applicant <he> submits a written request
44-26 for a hearing to the board.
44-27 SECTION 2.20. Chapter 836, Acts of the 62nd Legislature,
45-1 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
45-2 Statutes), is amended by adding Section 20A to read as follows:
45-3 Sec. 20A. REVOCATION, SUSPENSION, OR PROBATION OF LICENSE.
45-4 (a) The board shall revoke or suspend a license, place on
45-5 probation a licensee whose license has been suspended, or reprimand
45-6 a licensee for a violation of this Act or a rule adopted by the
45-7 board.
45-8 (b) If a license suspension is probated, the board may
45-9 require the licensee to:
45-10 (1) report regularly to the board on matters that are
45-11 the basis of the probation;
45-12 (2) limit practice to the areas prescribed by the
45-13 board; or
45-14 (3) continue or review continuing professional
45-15 education until the licensee attains a degree of skill satisfactory
45-16 to the board in those areas that are the basis of the probation.
45-17 (c) The schedule of sanctions adopted by the board by rule
45-18 shall be used by the State Office of Administrative Hearings for
45-19 any sanction imposed as the result of a hearing conducted by that
45-20 office.
45-21 SECTION 2.21. Chapter 836, Acts of the 62nd Legislature,
45-22 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
45-23 Statutes), is amended by adding Sections 22 through 27 to read as
45-24 follows:
45-25 Sec. 22. COMPLAINT PROCEDURE IN GENERAL. (a) The board
45-26 shall keep an information file about each complaint filed with the
45-27 executive council and referred to the board. The board's
46-1 information file shall be kept current and contain a record for
46-2 each complaint of:
46-3 (1) all persons contacted in relation to the
46-4 complaint;
46-5 (2) a summary of findings made at each step of the
46-6 complaint process;
46-7 (3) an explanation of the legal basis and reason for a
46-8 complaint that is dismissed; and
46-9 (4) other relevant information.
46-10 (b) If a written complaint is received by the board that the
46-11 board has authority to resolve, the board, at least as frequently
46-12 as quarterly and until final disposition of the complaint, shall
46-13 notify the parties to the complaint of the status of the complaint
46-14 unless the notice would jeopardize an undercover investigation.
46-15 (c) The board by rule shall adopt a form to standardize
46-16 information concerning complaints made to the board. The board by
46-17 rule shall prescribe information to be provided to a person when
46-18 the person files a complaint received by the board.
46-19 (d) The board shall provide reasonable assistance to a
46-20 person who wishes to file a complaint.
46-21 Sec. 23. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
46-22 board shall adopt rules concerning the investigation of a complaint
46-23 received by the board. The rules adopted under this subsection
46-24 shall:
46-25 (1) distinguish between categories of complaints;
46-26 (2) ensure that complaints are not dismissed without
46-27 appropriate consideration;
47-1 (3) require that the board be advised of a complaint
47-2 that is dismissed and that a letter be sent to the person who filed
47-3 the complaint explaining the action taken on the dismissed
47-4 complaint;
47-5 (4) ensure that the person who filed the complaint has
47-6 an opportunity to explain the allegations made in the complaint;
47-7 (5) prescribe guidelines concerning the categories of
47-8 complaints that require the use of a private investigator and the
47-9 procedures for the board to obtain the services of a private
47-10 investigator; and
47-11 (6) require the board to advise the executive council
47-12 of complaints disposed of.
47-13 (b) The board shall dispose of all complaints in a timely
47-14 manner. The board shall establish a schedule for conducting each
47-15 phase of a complaint that is under the control of the board not
47-16 later than the 30th day after the date the complaint is received by
47-17 the board. The schedule shall be kept in the information file for
47-18 the complaint and all parties shall be notified of the projected
47-19 time requirements for pursuing the complaint. A change in the
47-20 schedule must be noted in the complaint information file and all
47-21 parties to the complaint must be notified not later than the
47-22 seventh day after the date the change is made.
47-23 (c) The coordinator of the physical therapy programs shall
47-24 notify the board of a complaint that extends beyond the time
47-25 prescribed by the board for resolving the complaint so that the
47-26 board may take necessary action on the complaint.
47-27 Sec. 24. INFORMAL PROCEEDINGS. (a) The board by rule shall
48-1 adopt procedures governing:
48-2 (1) informal disposition of a contested case under
48-3 Section 13(e), Administrative Procedure and Texas Register Act
48-4 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
48-5 subsequent amendments; and
48-6 (2) informal proceedings held in compliance with
48-7 Section 18(c), Administrative Procedure and Texas Register Act
48-8 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
48-9 subsequent amendments.
48-10 (b) Rules adopted under this section must provide the
48-11 complainant and the licensee an opportunity to be heard and must
48-12 require the presence of a representative of the office of the
48-13 attorney general or the board's legal counsel to advise the board
48-14 or board's employees.
48-15 Sec. 25. MONITORING OF LICENSEE. The board by rule shall
48-16 develop a system for monitoring licensees' compliance with the
48-17 requirements of this Act. Rules adopted under this section shall
48-18 include procedures for monitoring a licensee who is ordered by the
48-19 board to perform certain acts to ascertain that the licensee
48-20 performs the required acts and to identify and monitor licensees
48-21 who represent a risk to the public.
48-22 Sec. 26. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
48-23 relating to the administration of this Act are performed in
48-24 accordance with Article 4512e-1, Revised Statutes. To the extent
48-25 of a conflict between this Act and Article 4512e-1, Revised
48-26 Statutes, that article controls.
48-27 Sec. 27. REGISTRATION OF FACILITIES. (a) The board by rule
49-1 shall adopt requirements for the registration and renewal of a
49-2 registration of a facility in which the practice of physical
49-3 therapy is conducted. A facility licensed under Subtitle B, Title
49-4 4, Health and Safety Code, is exempt from the requirements for
49-5 registration under this section.
49-6 (b) If one or more facilities are owned by an individual,
49-7 partnership, corporation, or other entity, the board may require
49-8 only one application for the registration of all facilities.
49-9 ARTICLE 3. THE PRACTICE OF OCCUPATIONAL THERAPY
49-10 SECTION 3.01. Section 1, Occupational Therapy Title Act
49-11 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
49-12 as follows:
49-13 Sec. 1. SHORT TITLE. This Act shall be known and may be
49-14 cited as the "Occupational Therapy Practice <Title> Act."
49-15 SECTION 3.02. Section 2, Occupational Therapy Title Act
49-16 (Article 8851, Vernon's Texas Civil Statutes), is amended by
49-17 amending Subdivisions (4), (7), and (8) and adding Subdivision (9)
49-18 to read as follows:
49-19 (4) "Board" means the Texas <Advisory> Board of
49-20 Occupational Therapy Examiners.
49-21 (7) "Occupational therapy aide" or "occupational
49-22 therapy orderly" means a person who aids in the practice of
49-23 occupational therapy and whose activities require on-the-job
49-24 training and on-site supervision by an occupational therapist or an
49-25 occupational therapy assistant <"Commission" means the Texas
49-26 Rehabilitation Commission>.
49-27 (8) "Executive council" means the Executive Council of
50-1 Physical Therapy and Occupational Therapy Examiners <"Commissioner"
50-2 means the commissioner of the Texas Rehabilitation Commission>.
50-3 (9) "Coordinator of occupational therapy programs"
50-4 means the employee of the executive council employed under Section
50-5 9, Article 4512e-1, Revised Statutes, and its subsequent
50-6 amendments.
50-7 SECTION 3.03. Section 3, Occupational Therapy Title Act
50-8 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
50-9 as follows:
50-10 Sec. 3. Creation of Board. (a) A Texas <Advisory> Board of
50-11 Occupational Therapy Examiners <is hereby created. The board is
50-12 created as a part of the commission and shall perform its duties as
50-13 a board with the commission. The board> shall consist of six
50-14 members appointed by the governor with the advice and consent of
50-15 the senate for staggered terms of six years<, except for the first
50-16 board appointed hereunder>. Appointments to the board shall be
50-17 made without regard to the race, creed, sex, religion, or national
50-18 origin of the appointees. Members of the board are appointed for
50-19 staggered terms of six years, with two members' terms expiring on
50-20 February 1 of each odd-numbered year. <In making the initial
50-21 appointments, the governor shall designate two members for terms
50-22 expiring February 1, 1985, two members for terms expiring February
50-23 1, 1987, and two members for terms expiring February 1, 1989. The
50-24 appointments shall be made within 30 days after this Act becomes
50-25 effective.>
50-26 (b) Three members of the board must be occupational
50-27 therapists, be residents of this state, and have practiced
51-1 occupational therapy for at least three years immediately preceding
51-2 appointment. One member of the board must be an occupational
51-3 therapy assistant, be a resident of this state, and have practiced
51-4 as an occupational therapy assistant for at least three years
51-5 immediately preceding appointment. All four of these members of
51-6 the board must be licensed under this Act<, except for the members
51-7 of the first board appointed hereunder>. Two members of the board
51-8 must be public members <of the general public> who are not
51-9 occupational therapists.
51-10 (c) <A member or employee of the board may not be an
51-11 officer, employee, or paid consultant of a trade association in the
51-12 field of occupational therapy.>
51-13 <(d) A member or employee of the board may not be related
51-14 within the second degree by affinity or consanguinity, as
51-15 determined under Article 5996h, Revised Statutes, to a person who
51-16 is an officer, employee, or paid consultant of a trade association
51-17 in the field of occupational therapy.>
51-18 <(e)> A vacancy on the board shall be filled by appointment
51-19 by the governor with the advice and consent of the senate for the
51-20 remainder of the term.
51-21 (d) <(f)> A member of the board is not liable to civil
51-22 action for any act performed in good faith in the execution of his
51-23 or her duties in this capacity.
51-24 (e) The members of the board shall, on appointment, elect
51-25 from their number a presiding officer, a secretary, and other
51-26 officers required for the conduct of business.
51-27 (f) The coordinator of occupational therapy programs shall
52-1 keep a record of each meeting of the board and maintain a register
52-2 containing the names of all persons licensed under this Act, which
52-3 shall be at all times open to public inspection. On March 1 of
52-4 each year, the coordinator of occupational therapy programs shall
52-5 transmit an official copy of the list of the licensees to the
52-6 executive council and the secretary of state for permanent record,
52-7 a certified copy of which shall be admissible as evidence in any
52-8 court of this state.
52-9 <(g) The Texas Advisory Board of Occupational Therapy is
52-10 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
52-11 continued in existence as provided by that chapter, the board is
52-12 abolished and this Act expires September 1, 1993.>
52-13 SECTION 3.04. The Occupational Therapy Title Act (Article
52-14 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
52-15 3A through 3M to read as follows:
52-16 Sec. 3A. MEETINGS; COMPENSATION. (a) The board shall hold
52-17 at least two regular meetings each year. Additional meetings may
52-18 be held on the call of the presiding officer or at the written
52-19 request of three members of the board.
52-20 (b) A member of the board is entitled to a per diem as set
52-21 by the General Appropriations Act for each day that the member
52-22 engages in the business of the board. A member may not receive any
52-23 reimbursement for travel expenses, including expenses for meals and
52-24 lodging, other than transportation expenses as provided by the
52-25 General Appropriations Act.
52-26 Sec. 3B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
52-27 eligible for appointment as a public member of the board if the
53-1 person or the person's spouse:
53-2 (1) is registered, certified, or licensed by an
53-3 occupational regulatory agency in the field of health care;
53-4 (2) is employed by or participates in the management
53-5 of a business entity or other organization regulated by the
53-6 executive council or the board or receiving funds from the
53-7 executive council or the board;
53-8 (3) owns or controls, directly or indirectly, more
53-9 than a 10 percent interest in a business entity or other
53-10 organization regulated by the executive council or the board or
53-11 receiving funds from the executive council or the board; or
53-12 (4) uses or receives a substantial amount of tangible
53-13 goods, services, or funds from the executive council or the board,
53-14 other than compensation or reimbursement authorized by law for
53-15 executive council or board membership, attendance, or expenses.
53-16 Sec. 3C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
53-17 officer, employee, or paid consultant of a Texas trade association
53-18 in the field of health care may not be a board member.
53-19 (b) A person who is the spouse of an officer, manager, or
53-20 paid consultant of a Texas trade association in the field of health
53-21 care may not be a board member.
53-22 (c) For the purposes of this section, a Texas trade
53-23 association is a nonprofit, cooperative, and voluntarily joined
53-24 association of business or professional competitors in this state
53-25 designed to assist its members and its industry or profession in
53-26 dealing with mutual business or professional problems and in
53-27 promoting their common interest.
54-1 Sec. 3D. EFFECT OF LOBBYING ACTIVITY. A person may not
54-2 serve as a board member if the person is required to register as a
54-3 lobbyist under Chapter 305, Government Code, and its subsequent
54-4 amendments, because of the person's activities for compensation on
54-5 behalf of a profession related to the operation of the executive
54-6 council or the board.
54-7 Sec. 3E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
54-8 ground for removal from the board if a member:
54-9 (1) does not have at the time of appointment the
54-10 qualifications required by Section 3 of this Act;
54-11 (2) does not maintain during service on the board the
54-12 qualifications required by Section 3 of this Act;
54-13 (3) violates a prohibition established by Section 3C
54-14 or 3D of this Act;
54-15 (4) cannot discharge the member's duties for a
54-16 substantial part of the term for which the member is appointed
54-17 because of illness or disability; or
54-18 (5) is absent from more than half of the regularly
54-19 scheduled board meetings that the member is eligible to attend
54-20 during a calendar year unless the absence is excused by majority
54-21 vote of the board.
54-22 (b) The validity of an action of the board is not affected
54-23 by the fact that it is taken when a ground for removal of a board
54-24 member exists.
54-25 (c) If the coordinator of occupational therapy programs has
54-26 knowledge that a potential ground for removal exists, the
54-27 coordinator shall notify the presiding officer of the board of the
55-1 ground. The presiding officer shall then notify the governor that
55-2 a potential ground for removal exists.
55-3 Sec. 3F. STAFF. (a) The board may request the executive
55-4 council to assign administrative and clerical employees as
55-5 necessary to carry out the board's functions.
55-6 (b) The board shall develop and implement policies that
55-7 clearly define the respective responsibilities of the board and the
55-8 staff of the executive council.
55-9 Sec. 3G. REGULATORY STATUTES ADMINISTERED. Except as
55-10 provided by other statutes, the board shall administer and enforce
55-11 this Act.
55-12 Sec. 3H. PUBLIC INTEREST INFORMATION. The board shall
55-13 prepare information of public interest describing the functions of
55-14 the board and the board's procedures by which complaints are filed
55-15 with and resolved by the board. The board shall make the
55-16 information available to the public and appropriate state agencies.
55-17 Sec. 3I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
55-18 shall develop and implement policies that provide the public with a
55-19 reasonable opportunity to appear before the board and to speak on
55-20 any issue under the jurisdiction of the board.
55-21 Sec. 3J. PROGRAM ACCESSIBILITY. The board shall prepare and
55-22 maintain a written plan that describes how a person who does not
55-23 speak English can be provided reasonable access to the board's
55-24 programs. The board shall also comply with federal and state laws
55-25 for program and facility accessibility.
55-26 Sec. 3K. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
55-27 Each board member shall comply with the board member training
56-1 requirements established by any other state agency that is given
56-2 authority to establish the requirements for the board.
56-3 (b) The board shall provide to its members, as often as
56-4 necessary, information regarding their qualifications for office
56-5 under this Act and their responsibilities under applicable laws
56-6 relating to standards of conduct for state officers.
56-7 Sec. 3L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
56-8 board is subject to:
56-9 (1) the open meetings law, Chapter 271, Acts of the
56-10 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
56-11 Texas Civil Statutes), and its subsequent amendments; and
56-12 (2) the Administrative Procedure and Texas Register
56-13 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
56-14 subsequent amendments.
56-15 Sec. 3M. SUNSET PROVISION. The Texas Board of Occupational
56-16 Therapy Examiners is subject to Chapter 325, Government Code (Texas
56-17 Sunset Act), and its subsequent amendments. Unless continued in
56-18 existence as provided by that chapter, the board is abolished and
56-19 this Act expires September 1, 2005.
56-20 SECTION 3.05. Section 5, Occupational Therapy Title Act
56-21 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
56-22 as follows:
56-23 Sec. 5. Powers and Duties of the Board. (a) The board
56-24 shall approve applicants for licenses at least once each year at
56-25 such reasonable times and places as shall be designated by the
56-26 board in its discretion.
56-27 (b) <The board may collect fees for licenses, license
57-1 renewals, examinations, and all other administrative expenses. If
57-2 the General Appropriations Act does not set the amount of those
57-3 fees, the board shall set the fees in amounts that will recover the
57-4 amount appropriated for the operation of the board from the General
57-5 Revenue Fund.>
57-6 <(c)> The board shall approve the examination as described
57-7 in Subsection (b) of Section 17 of this Act.
57-8 (c) <(d)> The board shall adopt rules consistent with this
57-9 Act to carry out its duties in administering this Act. <may
57-10 investigate complaints; issue, suspend, deny, and revoke licenses;
57-11 reprimand licensees and place them on probation; issue subpoenas;
57-12 and hold hearings. The board shall keep an information file about
57-13 each complaint that is filed with the board relating to a licensee
57-14 or an entity regulated by the board. If a written complaint is
57-15 filed with the board relating to a licensee or entity regulated by
57-16 the board, the board shall notify the parties to the complaint of
57-17 the status of the complaint unless the notice would jeopardize an
57-18 undercover investigation. The board shall notify the parties to
57-19 the complaint at least as frequently as quarterly until the final
57-20 disposition of the complaint.>
57-21 <(e) The board shall propose rules consistent with this Act
57-22 to carry out its duties in administering this Act, shall submit
57-23 said rules to the office of the Attorney General of Texas for
57-24 review, and shall then adopt rules consistent with the advice of
57-25 the attorney general. In adopting its rules, the board shall
57-26 consider any applicable policies and procedures of the commission.>
57-27 <(f) The commissioner with the advice of the board shall
58-1 appoint an executive director to implement the purposes of this Act
58-2 at a salary as determined by legislative appropriation.>
58-3 <(g) The executive director of the board or her/his designee
58-4 shall develop an intraagency career ladder program, one part of
58-5 which shall be the intraagency posting of all nonentry level
58-6 positions for at least 10 days before any public posting.>
58-7 <(h) The executive director of the board or her/his designee
58-8 shall develop a system of annual performance evaluation based on
58-9 measurable job tasks. All merit pay for board employees must be
58-10 based on the system established under this section.>
58-11 <(i) The board shall contract for space, computer services,
58-12 office materials, employees, and any other needed services,
58-13 materials, or assistants deemed necessary.>
58-14 <(j) The board shall prepare information of consumer
58-15 interest describing the regulatory functions of the board and the
58-16 legal rights of consumers as provided in this Act.>
58-17 <(k) The board shall assist the proper legal authorities in
58-18 the prosecution of all persons violating any provisions of this
58-19 Act.>
58-20 <(l) The board shall prepare or approve continuing education
58-21 programs for licensees and shall require each licensee to
58-22 participate in an approved continuing education program in order to
58-23 renew a license issued under this Act.>
58-24 <(m) The board shall develop and implement policies that
58-25 clearly define the respective responsibilities of the governing
58-26 body of the board and the staff of the board.>
58-27 SECTION 3.06. The Occupational Therapy Title Act (Article
59-1 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
59-2 5A-5E to read as follows:
59-3 Sec. 5A. MANDATORY CONTINUING EDUCATION. (a) The board by
59-4 rule shall establish a minimum number of hours of continuing
59-5 education required to renew a license under this Act. The board
59-6 may assess the continuing education needs of licensees and may
59-7 require licensees to attend continuing education courses specified
59-8 by the board. The board by rule shall develop a process to
59-9 evaluate and approve continuing education courses.
59-10 (b) The board shall identify the key factors for the
59-11 competent performance by a licensee of the licensee's professional
59-12 duties. The board shall adopt a procedure to assess a licensee's
59-13 participation in continuing education programs.
59-14 Sec. 5B. COMPLAINT INFORMATION. (a) The board shall keep
59-15 an information file about each complaint filed with the executive
59-16 council and referred to the board. The board's information file
59-17 shall be kept current and contain a record for each complaint of:
59-18 (1) all persons contacted in relation to the
59-19 complaint;
59-20 (2) a summary of findings made at each step of the
59-21 complaint process;
59-22 (3) an explanation of the legal basis and reason for a
59-23 complaint that is dismissed; and
59-24 (4) other relevant information.
59-25 (b) If a written complaint is received by the board that the
59-26 board has authority to resolve, the board, at least as frequently
59-27 as quarterly and until final disposition of the complaint, shall
60-1 notify the parties to the complaint of the status of the complaint
60-2 unless the notice would jeopardize an undercover investigation.
60-3 (c) The board by rule shall adopt a form to standardize
60-4 information concerning complaints made to the board. The board by
60-5 rule shall prescribe information to be provided to a person when
60-6 the person files a complaint received by the board.
60-7 (d) The board shall provide reasonable assistance to a
60-8 person who wishes to file a complaint.
60-9 Sec. 5C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
60-10 board shall adopt rules concerning the investigation of a complaint
60-11 received by the board. The rules adopted under this subsection
60-12 shall:
60-13 (1) distinguish between categories of complaints;
60-14 (2) ensure that complaints are not dismissed without
60-15 appropriate consideration;
60-16 (3) require that the board be advised of a complaint
60-17 that is dismissed and that a letter be sent to the person who filed
60-18 the complaint explaining the action taken on the dismissed
60-19 complaint;
60-20 (4) ensure that the person who filed the complaint has
60-21 an opportunity to explain the allegations made in the complaint;
60-22 (5) prescribe guidelines concerning the categories of
60-23 complaints that require the use of a private investigator and the
60-24 procedures for the board to obtain the services of a private
60-25 investigator; and
60-26 (6) require the board to advise the executive council
60-27 of complaints disposed of.
61-1 (b) The board shall dispose of all complaints in a timely
61-2 manner. The board shall establish a timeline for conducting each
61-3 phase of a complaint that is under the control of the board not
61-4 later than the 30th day after the date the complaint is received by
61-5 the board. The timeline shall be kept in the information file for
61-6 the complaint and all parties shall be notified of the projected
61-7 time requirements for pursuing the complaint. A change in the
61-8 timeline must be noted in the complaint information file and all
61-9 parties to the complaint must be notified not later than the
61-10 seventh day after the date the change is made.
61-11 (c) The coordinator of occupational therapy programs of the
61-12 board shall notify the board of a complaint that extends beyond the
61-13 time prescribed by the board for resolving the complaint so that
61-14 the board may take necessary action on the complaint.
61-15 Sec. 5D. INFORMAL PROCEEDINGS. (a) The board by rule shall
61-16 adopt procedures governing:
61-17 (1) informal disposition of a contested case under
61-18 Section 13(e), Administrative Procedure and Texas Register Act
61-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
61-20 subsequent amendments; and
61-21 (2) informal proceedings held in compliance with
61-22 Section 18(c), Administrative Procedure and Texas Register Act
61-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
61-24 subsequent amendments.
61-25 (b) Rules adopted under this section must provide the
61-26 complainant and the licensee an opportunity to be heard and must
61-27 require the presence of a representative of the office of the
62-1 attorney general or the board's legal counsel to advise the board
62-2 or board's employees.
62-3 Sec. 5E. MONITORING OF LICENSEE. The board by rule shall
62-4 develop a system for monitoring licensees' compliance with the
62-5 requirements of this Act. Rules adopted under this section shall
62-6 include procedures for monitoring a licensee who is ordered by the
62-7 board to perform certain acts to ascertain that the licensee
62-8 performs the required acts and to identify and monitor licensees
62-9 who represent a risk to the public.
62-10 SECTION 3.07. Section 17, Occupational Therapy Title Act
62-11 (Article 8851, Vernon's Texas Civil Statutes), is amended by
62-12 amending Subsections (a), (b), and (e) and adding Subsection (f) to
62-13 read as follows:
62-14 (a) Only a person satisfying the requirements of Section 16,
62-15 except Subdivision (3) <Subsection (e)> of Section 16, may apply
62-16 for examination in such a manner as the board shall prescribe. The
62-17 application shall be accompanied by the nonrefundable fee
62-18 prescribed by the executive council <Subdivision (1) of Subsection
62-19 (b) of Section 5 of this Act>.
62-20 (b) Each applicant for licensure shall be examined by
62-21 written examination to test the applicant's <his or her> knowledge
62-22 of the basic and clinical sciences relating to occupational
62-23 therapy, occupational therapy techniques and methods, and such
62-24 other subjects as the board may require to determine the
62-25 applicant's fitness to practice. The board shall approve an
62-26 examination for occupational therapists and an examination for
62-27 occupational therapy assistants and establish standards for
63-1 acceptable performance. The board shall have the written portion
63-2 of an examination validated by an independent testing entity.
63-3 (e) In case of failure of any examination the applicant
63-4 shall have the privilege of a second examination on payment of the
63-5 prescribed fees. In case of a second failure, the applicant shall
63-6 be eligible for a third examination, but shall, in addition to the
63-7 requirements for previous examinations, have to wait a specific
63-8 period not to exceed one year before reexamination. Further
63-9 testing will be at the discretion of the board. If requested in
63-10 writing by a person who fails a licensing examination administered
63-11 under this Act, the board shall furnish the person with an analysis
63-12 of the person's performance on the examination.
63-13 (f) Not later than the 30th day after the date on which a
63-14 licensing examination is administered under this Act, the board
63-15 shall notify each examinee of the results of the examination.
63-16 However, if an examination is graded or reviewed by a national
63-17 testing service, the board shall notify examinees of the results of
63-18 the examination not later than the 14th day after the date on which
63-19 the board receives the results from the testing service. If the
63-20 notice of examination results graded or reviewed by a national
63-21 testing service will be delayed for longer than 90 days after the
63-22 examination date, the board shall notify the examinee of the reason
63-23 for the delay before the 90th day.
63-24 SECTION 3.08. Section 18, Occupational Therapy Title Act
63-25 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
63-26 as follows:
63-27 Sec. 18. PROVISIONAL LICENSES <LICENSE BY ENDORSEMENT>.
64-1 (a) On application, the board shall grant a provisional license
64-2 for the practice of occupational therapy. An applicant for a
64-3 provisional license under this section must:
64-4 (1) be licensed in good standing as an occupational
64-5 therapist or occupational therapy assistant in another state, the
64-6 District of Columbia, or a territory of the United States that has
64-7 licensing requirements that are substantially equivalent to the
64-8 requirements of this Act;
64-9 (2) have passed a national or other examination
64-10 recognized by the board relating to the practice of occupational
64-11 therapy; and
64-12 (3) be sponsored by a person licensed by the board
64-13 under this Act with whom the provisional licensee may practice
64-14 under this section.
64-15 (b) An applicant for a provisional license may be excused
64-16 from the requirement of Subsection (a)(3) of this section if the
64-17 board determines that compliance with that subsection constitutes a
64-18 hardship to the applicant.
64-19 (c) A provisional license is valid until the date the board
64-20 approves or denies the provisional licensee's application for a
64-21 license. The board shall issue a license under this Act to the
64-22 holder of a provisional license under this section if:
64-23 (1) the provisional licensee passes a jurisprudence
64-24 examination, if required;
64-25 (2) the board verifies that the provisional licensee
64-26 has the academic and experience requirements for a license under
64-27 this Act; and
65-1 (3) the provisional licensee satisfies any other
65-2 license requirements under this Act.
65-3 (d) The board must complete the processing of a provisional
65-4 licensee's application for a license not later than the 180th day
65-5 after the date the provisional license is issued. The board may
65-6 extend the 180-day limit if the results of an examination have not
65-7 been received by the board <A person who is licensed or otherwise
65-8 registered as an occupational therapist or as an occupational
65-9 therapy assistant by another state, the District of Columbia, or a
65-10 commonwealth or territory of the United States whose requirements
65-11 for licensing or registration were at the date of licensing or
65-12 registration substantially equal to the requirements prescribed by
65-13 this Act may receive an occupational therapist license without
65-14 examination, on submission of an application on a form prescribed
65-15 by the board and payment of an endorsement license fee prescribed
65-16 by the board.>
65-17 <(b) The board may also waive examination requirements for a
65-18 person who is certified by a national association approved by the
65-19 board and who is currently practicing in a state that does not
65-20 require a license or other form of registration>.
65-21 SECTION 3.09. Section 20, Occupational Therapy Title Act
65-22 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
65-23 as follows:
65-24 Sec. 20. Foreign-Trained Applicants. Foreign-trained
65-25 occupational therapists and occupational therapy assistants shall
65-26 satisfy the examination requirements of Subdivision (3) <Subsection
65-27 (e)> of Section 16. The board shall require foreign-trained
66-1 applicants to furnish proof of good moral character and completion
66-2 of educational and supervised field work requirements substantially
66-3 equal to those contained in Section 16 before taking the
66-4 examination.
66-5 SECTION 3.10. Section 22, Occupational Therapy Title Act
66-6 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
66-7 as follows:
66-8 Sec. 22. Temporary License. <(a)> The board by rule may
66-9 provide for the issuance of a temporary license. Rules adopted
66-10 under this section shall include a time limit for a licensee to
66-11 remain on temporary status. A holder of a temporary license shall
66-12 practice under the supervision of an occupational therapist
66-13 licensed by the board <may issue a temporary license without
66-14 examination to a person who is a recent graduate of an institution
66-15 of higher education in the United States if the person has applied
66-16 for a license, has applied to take the licensing examination, and
66-17 meets the requirements for license under Section 16 of this Act. A
66-18 person who holds a temporary license may practice only under the
66-19 supervision of a person who holds a regular license. A temporary
66-20 license expires on notification of the results of the licensing
66-21 examination. Issuance of a temporary license following failure of
66-22 part or all of the examination shall be according to rules adopted
66-23 by the board.>
66-24 <(b) The board shall issue a temporary license to a person
66-25 who has applied for endorsement of her/his license under the
66-26 provisions of Section 18 of this Act. On approval by the board of
66-27 the application and payment of fees, the board shall issue a
67-1 permanent license on the issuance of which the temporary license
67-2 issued under this provision shall expire>.
67-3 SECTION 3.11. Section 24, Occupational Therapy Title Act
67-4 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
67-5 as follows:
67-6 Sec. 24. Renewal of Unexpired License. (a) The board by
67-7 rule may adopt a system under which licenses expire on various
67-8 dates during the year. For the year in which the license
67-9 expiration date is changed, license fees shall be prorated on a
67-10 monthly basis so that each licensee shall pay only that portion of
67-11 the license fee that is allocable to the number of months during
67-12 which the license is valid. On renewal of the license on the new
67-13 expiration date, the total license renewal fee is payable <A
67-14 license issued under this Act, unless otherwise provided in this
67-15 Act, expires on the licensee's birthday, except for licenses which
67-16 would thereby expire before January 1, 1985, which licenses shall
67-17 not expire until the licensee's first birthday after that date>.
67-18 (b) A person may renew an unexpired license by paying to the
67-19 executive council before the expiration date of the license the
67-20 required <A renewal license shall be issued on submission of an
67-21 application on a form prescribed by the board and payment of a>
67-22 renewal fee <before the expiration date of the license>.
67-23 SECTION 3.12. Section 25, Occupational Therapy Title Act
67-24 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
67-25 as follows:
67-26 Sec. 25. Renewal of Expired License. (a) If a person's
67-27 license has been expired for <not more than> 90 days or less, the
68-1 person may renew the license by paying to the executive council
68-2 <board> the required renewal fee plus a <late> fee in an amount
68-3 that is one-half of the examination fee for the license <fee>.
68-4 (b) If a person's license has been expired for more than 90
68-5 days but less than one year <two years>, the person may renew the
68-6 license by paying to the executive council <board> all unpaid
68-7 renewal fees and a <late> fee that is equal to the examination fee
68-8 for the license <fee>.
68-9 (c) If a person's license has been expired for one year <two
68-10 years> or more, the person may not renew the license. The person
68-11 may obtain a new license by <applying for a license,> submitting to
68-12 reexamination<,> and complying with the requirements and procedures
68-13 for obtaining an original license. However, the board may renew
68-14 without reexamination an expired license of a person who was
68-15 licensed in this state, moved to another state, and has been in
68-16 practice <legally practicing> in the other state for the two years
68-17 preceding <the> application <for renewal>. The person must <shall>
68-18 pay to the executive council <board> a renewal fee that is equal to
68-19 the examination fee for the license <fee>.
68-20 (d) At least 30 days <Not later than the 30th day> before
68-21 the expiration <date> of a person's license, the executive council
68-22 <board> shall send written notice of the impending license
68-23 expiration to the person at the person's last known address.
68-24 SECTION 3.13. Section 25A, Occupational Therapy Title Act
68-25 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
68-26 as follows:
68-27 Sec. 25A. Inactive Status List. The board by rule may
69-1 provide for a person who holds a license under this Act to be
69-2 placed on inactive status. Rules adopted under this section shall
69-3 include a time limit for a licensee to remain on inactive status
69-4 <(a) A person who holds a license under this Act and who is not
69-5 actively engaged in the practice of occupational therapy may apply
69-6 to the board in writing to be placed on an inactive status list
69-7 maintained by the board. The person must apply for inactive status
69-8 before the expiration of the person's license. A person on
69-9 inactive status is not required to pay the annual renewal fee.>
69-10 <(b) A person on inactive status may not perform any
69-11 activities regulated under this Act.>
69-12 <(c) If a person on inactive status desires to reenter
69-13 active practice, the person shall notify the board in writing. The
69-14 board shall remove the person from the inactive status list on
69-15 payment of an administrative fee and on compliance with educational
69-16 or other requirements set by the board by rule>.
69-17 SECTION 3.14. Section 26, Occupational Therapy Title Act
69-18 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
69-19 as follows:
69-20 Sec. 26. Title. A licensed occupational therapist may use
69-21 the title "Occupational Therapist Registered" and the initials
69-22 "O.T.R." No other person may be designated or permitted to use the
69-23 terms "Occupational Therapist Registered" or "O.T.R." A licensed
69-24 occupational therapy assistant may use the title "Certified
69-25 Occupational Therapy Assistant" and the initials "C.O.T.A." No
69-26 other person may be designated or permitted to use the terms
69-27 "Certified Occupational Therapy Assistant" or "C.O.T.A." Neither
70-1 title authorizes the use of the prefix "Dr.," the word "Doctor," or
70-2 any suffix or affix indicating or implying that the licensed person
70-3 is a physician.
70-4 SECTION 3.15. Subsections (a), (b), and (c), Section 28,
70-5 Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
70-6 Statutes), are amended to read as follows:
70-7 (a) A person may not practice or represent himself or
70-8 herself as able to practice occupational therapy or act as or
70-9 represent himself or herself as being an occupational therapist
70-10 unless he or she is licensed under this Act.
70-11 (b) A person may not act as or represent himself or herself
70-12 as being an occupational therapy assistant unless he or she is
70-13 licensed under this Act.
70-14 (c) It is unlawful for any person who is not licensed under
70-15 this Act as an occupational therapist or an occupational therapy
70-16 assistant or whose registration has been suspended or revoked to:
70-17 (1) use in connection with his or her practice or
70-18 place of business the words "occupational therapy," "occupational
70-19 therapist," "licensed occupational therapist," "occupational
70-20 therapist registered," "occupational therapy assistant," "licensed
70-21 occupational therapy assistant," "certified occupational therapy
70-22 assistant," or the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.,"
70-23 "O.T.A.," "L.O.T.A.," or "C.O.T.A.," or any other words, letters,
70-24 abbreviations, or insignia indicating or implying that he or she is
70-25 an occupational therapist or an occupational therapy assistant;
70-26 (2) <or who> in any way, orally, in writing, in print,
70-27 or by sign directly or by implication represent <represents>
71-1 himself or herself as an occupational therapist or an occupational
71-2 therapy assistant; or
71-3 (3) in any way, orally, in writing, in print, or by
71-4 sign, or in any other way, directly or indirectly, represent that
71-5 occupational therapy is provided or supplied, or extend or provide
71-6 occupational therapy services unless the services are provided by
71-7 an occupational therapist or an occupational therapy assistant
71-8 licensed under this Act.
71-9 SECTION 3.16. Section 30, Occupational Therapy Title Act
71-10 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
71-11 as follows:
71-12 Sec. 30. Denial, Suspension, or Revocation of a License;
71-13 Discipline of a Licensee. (a) If the State Office of
71-14 Administrative Hearings <board> proposes to deny a license, <or> to
71-15 suspend or revoke a license, or to take other disciplinary action
71-16 against a licensee the applicant or licensee is entitled to a
71-17 hearing before the board <or before a hearing officer appointed by
71-18 the board>. All final decisions shall be made by the board.
71-19 (b) After a final decision by the board <hearing>, a license
71-20 may be denied, suspended, or revoked or a licensee otherwise
71-21 disciplined if the applicant or licensee has:
71-22 (1) used drugs or intoxicating liquors to an extent
71-23 that affects his or her professional competence;
71-24 (2) been convicted of a crime, other than minor
71-25 offenses defined as "minor misdemeanors," "violations," or
71-26 "offenses," in any court if the acts for which he or she was
71-27 convicted are found by the board to have a direct bearing on
72-1 whether he or she should be entrusted to service the public in the
72-2 capacity of an occupational therapist or occupational therapy
72-3 assistant;
72-4 (3) obtained or attempted to obtain a license by fraud
72-5 or deception;
72-6 (4) been grossly negligent in the practice of
72-7 occupational therapy or in acting as an occupational therapy
72-8 assistant;
72-9 (5) been adjudicated mentally incompetent by a court
72-10 of competent jurisdiction;
72-11 (6) practiced occupational therapy in a manner
72-12 detrimental to the public health and welfare;
72-13 (7) advertised in a manner that in any way tends to
72-14 deceive or defraud the public; or
72-15 (8) had his or her license to practice occupational
72-16 therapy revoked or suspended or had other disciplinary action taken
72-17 against him or her or had his or her application for a license
72-18 refused, revoked, or suspended by the proper licensing authority of
72-19 another state, territory, or nation.
72-20 SECTION 3.17. Section 31, Occupational Therapy Title Act
72-21 (Article 8851, Vernon's Texas Civil Statutes), is amended by
72-22 amending Subsections (b) and (c) and adding Subsection (d) to read
72-23 as follows:
72-24 (b) The board may deny or refuse to renew a license, may
72-25 suspend or revoke a license, may reprimand a licensee, or may
72-26 impose probationary conditions after a hearing by the State Office
72-27 of Administrative Hearings as provided by Section 30 of this Act.
73-1 If a license suspension is probated, the board may require the
73-2 licensee to:
73-3 (1) report regularly to the board on matters that are
73-4 the basis of the probation;
73-5 (2) limit practice to the areas prescribed by the
73-6 board; or
73-7 (3) continue or review continuing professional
73-8 education until the licensee attains a degree of skill satisfactory
73-9 to the board in those areas that are the basis of the probation.
73-10 (c) The schedule of sanctions adopted by the board by rule
73-11 shall be used by the State Office of Administrative Hearings for
73-12 any sanction imposed as the result of a hearing conducted by that
73-13 office <in the manner provided by the rules adopted by the board>.
73-14 (d) <(c)> On application, the board may reissue a license to
73-15 a person whose license has been denied or who has been disciplined
73-16 by the board, but the application may not be made before the 180th
73-17 day after the date the order of denial or discipline became final,
73-18 and the application must be made in the manner and form required by
73-19 the board.
73-20 SECTION 3.18. The Occupational Therapy Title Act (Article
73-21 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
73-22 31A-31D to read as follows:
73-23 Sec. 31A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
73-24 may not adopt rules restricting competitive bidding or advertising
73-25 by a person regulated by the board except to prohibit false,
73-26 misleading, or deceptive practices by the person.
73-27 (b) The board may not include in its rules to prohibit
74-1 false, misleading, or deceptive practices by a person regulated by
74-2 the board a rule that:
74-3 (1) restricts the use of any medium for advertising;
74-4 (2) restricts the person's personal appearance or use
74-5 of the person's voice in an advertisement;
74-6 (3) relates to the size or duration of an
74-7 advertisement by the person; or
74-8 (4) restricts the person's advertisement under a trade
74-9 name.
74-10 Sec. 31B. REGISTRATION OF FACILITIES. (a) The board by
74-11 rule shall adopt requirements for the registration and renewal of a
74-12 registration of a facility in which the practice of occupational
74-13 therapy is conducted. A facility licensed under Subtitle B, Title
74-14 4, Health and Safety Code, is exempt from registration requirements
74-15 under this section.
74-16 (b) If one or more facilities are owned by an individual,
74-17 partnership, corporation, or other entity, the board may require
74-18 only one application for the registration of all facilities.
74-19 Sec. 31C. FEES. The board may recommend to the executive
74-20 council the reasonable and necessary fees for licenses issued or
74-21 services performed under this Act so that the fees, in the
74-22 aggregate, produce sufficient revenue to cover the cost of
74-23 administering this Act. The board may not recommend a fee to the
74-24 executive council for an amount less than the amount of that fee on
74-25 September 1, 1993.
74-26 Sec. 31D. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
74-27 relating to the administration of this Act are performed in
75-1 accordance with Article 4512e-1, Revised Statutes. To the extent
75-2 of a conflict between this Act and Article 4512e-1, Revised
75-3 Statutes, that article controls.
75-4 ARTICLE 4. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
75-5 SECTION 4.01. (a) As soon as possible after the effective
75-6 date of this Act, the governor, the Texas Board of Physical Therapy
75-7 Examiners, and the Texas Board of Occupational Therapy Examiners
75-8 shall appoint the initial members of the Executive Council of
75-9 Physical Therapy and Occupational Therapy Examiners in accordance
75-10 with Article 4512e-1, Revised Statutes, as added by this Act.
75-11 (b) The obligations, rights, contracts, records and other
75-12 property, and personnel of, and unspent money appropriated to or
75-13 for, the Texas Board of Physical Therapy Examiners and the Texas
75-14 Advisory Board of Occupational Therapy are transferred to the
75-15 Executive Council of Physical Therapy and Occupational Therapy
75-16 Examiners.
75-17 (c) The rules of the Texas Board of Physical Therapy
75-18 Examiners and the Texas Advisory Board of Occupational Therapy are
75-19 continued in effect as rules of the Executive Council of Physical
75-20 Therapy and Occupational Therapy Examiners until superseded by rule
75-21 of the new council.
75-22 (d) The licenses in effect that were issued by the Texas
75-23 Board of Physical Therapy Examiners and the Texas Advisory Board of
75-24 Occupational Therapy are continued in effect as licenses of the
75-25 Executive Council of Physical Therapy and Occupational Therapy
75-26 Examiners.
75-27 SECTION 4.02. The following laws are repealed:
76-1 (1) Section 5, Chapter 836, Acts of the 62nd
76-2 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
76-3 Civil Statutes); and
76-4 (2) Sections 4, 6 through 14, 19, and 21, Occupational
76-5 Therapy Title Act (Article 8851, Vernon's Texas Civil Statutes).
76-6 SECTION 4.03. This Act takes effect September 1, 1993.
76-7 SECTION 4.04. The importance of this legislation and the
76-8 crowded condition of the calendars in both houses create an
76-9 emergency and an imperative public necessity that the
76-10 constitutional rule requiring bills to be read on three several
76-11 days in each house be suspended, and this rule is hereby suspended.