By: Counts H.B. No. 1883
73R4149 CAG-D
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 and to the creation of a new state board to
1-4 replace the Texas Board of Physical Therapy Examiners and The Texas
1-5 Advisory Board of Occupational Therapy.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1.
1-8 STATE BOARD OF PHYSICAL THERAPY
1-9 AND OCCUPATIONAL THERAPY EXAMINERS
1-10 SECTION 1.01. Chapter 6D, Title 71, Revised Statutes, is
1-11 amended by adding Article 4512e-1 to read as follows:
1-12 Art. 4512e-1. STATE BOARD OF PHYSICAL THERAPY AND
1-13 OCCUPATIONAL THERAPY EXAMINERS
1-14 Sec. 1. STATE BOARD OF PHYSICAL THERAPY AND OCCUPATIONAL
1-15 THERAPY EXAMINERS. (a) The State Board of Physical Therapy and
1-16 Occupational Therapy Examiners consists of:
1-17 (1) three members licensed as physical therapists;
1-18 (2) three members licensed as occupational therapists;
1-19 and
1-20 (3) three members who represent the public.
1-21 (b) Members of the board are appointed by the governor with
1-22 the advice and consent of the senate. The governor shall designate
1-23 the presiding officer of the board from among the board members.
1-24 (c) Appointments to the board shall be made without regard
2-1 to the race, color, disability, sex, religion, age, or national
2-2 origin of the appointees.
2-3 Sec. 2. OFFICERS; MEETINGS; COMPENSATION. (a) The board
2-4 shall hold at least two regular meetings each year at which time an
2-5 examination for a license under a law administered by the board
2-6 shall be offered. Additional meetings may be held on the call of
2-7 the presiding officer or at the written request of three members of
2-8 the board.
2-9 (b) A member of the board is entitled to a per diem as set
2-10 by the General Appropriations Act for each day that the member
2-11 engages in the business of the board. A member may not receive any
2-12 compensation for travel expenses, including expenses for meals and
2-13 lodging, other than transportation expenses as provided by the
2-14 General Appropriations Act.
2-15 Sec. 3. TERMS. (a) Members of the board are appointed for
2-16 staggered six-year terms, with three members' terms expiring on
2-17 February 1 of each odd-numbered year.
2-18 (b) A member appointed to fill a vacancy shall hold office
2-19 for the remainder of that term.
2-20 Sec. 4. PUBLIC MEMBERSHIP RESTRICTION. A person is not
2-21 eligible for appointment as a public member of the board if the
2-22 person or the person's spouse:
2-23 (1) is registered, certified, or licensed by an
2-24 occupational regulatory agency in the field of health care;
2-25 (2) is employed by or participates in the management
2-26 of a business entity or other organization regulated by the board
2-27 or receiving funds from the board;
3-1 (3) owns or controls, directly or indirectly, more
3-2 than 10 percent interest in a business entity or other organization
3-3 regulated by the board or receiving funds from the board; or
3-4 (4) uses or receives a substantial amount of tangible
3-5 goods, services, or funds from the board, other than compensation
3-6 or reimbursement authorized by law for board membership,
3-7 attendance, or expenses.
3-8 Sec. 5. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
3-9 employee, or paid consultant of a Texas trade association in the
3-10 field of health care may not be a member or employee of the board
3-11 who is exempt from the state's position classification plan or is
3-12 compensated at or above the amount prescribed by the General
3-13 Appropriations Act for step 1, salary group 17, of the position
3-14 classification salary schedule.
3-15 (b) A person who is the spouse of an officer, manager, or
3-16 paid consultant of a Texas trade association in the field of health
3-17 care may not be a board member and may not be an employee of the
3-18 board who is exempt from the state's position classification plan
3-19 or is compensated at or above the amount prescribed by the General
3-20 Appropriations Act for step 1, salary group 17, of the position
3-21 classification salary schedule.
3-22 (c) For the purposes of this section, a Texas trade
3-23 association is a nonprofit, cooperative, and voluntarily joined
3-24 association of business or professional competitors in this state
3-25 designed to assist its members and its industry or profession in
3-26 dealing with mutual business or professional problems and in
3-27 promoting their common interest.
4-1 Sec. 6. EFFECT OF LOBBYING ACTIVITY. A person may not serve
4-2 as a member of the board or act as the general counsel to the board
4-3 if the person is required to register as a lobbyist under Chapter
4-4 305, Government Code, and its subsequent amendments, because of the
4-5 person's activities for compensation on behalf of a profession
4-6 related to the operation of the board.
4-7 Sec. 7. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
4-8 for removal from the board if a member:
4-9 (1) does not have at the time of appointment the
4-10 qualifications required by Section 1 of this article;
4-11 (2) does not maintain during service on the board the
4-12 qualifications required by Section 1 of this article;
4-13 (3) violates a prohibition established by Section 4,
4-14 5, or 6 of this article;
4-15 (4) cannot discharge the member's term for a
4-16 substantial part of the term for which the member is appointed
4-17 because of illness or disability; or
4-18 (5) is absent from more than half of the regularly
4-19 scheduled board meetings that the member is eligible to attend
4-20 during a calendar year unless the absence is excused by majority
4-21 vote of the board.
4-22 (b) The validity of an action of the board is not affected
4-23 by the fact that it is taken when a ground for removal of a board
4-24 member exists.
4-25 (c) If the director has knowledge that a potential ground
4-26 for removal exists, the director shall notify the presiding officer
4-27 of the board of the ground. The presiding officer shall then
5-1 notify the governor that a potential ground for removal exists.
5-2 Sec. 8. STAFF. (a) The board shall employ a director and
5-3 administrative and clerical employees as necessary to carry out the
5-4 board's functions.
5-5 (b) The board shall develop and implement policies that
5-6 clearly define the respective responsibilities of the board and the
5-7 staff of the board.
5-8 Sec. 9. REGULATORY STATUTES ADMINISTERED. The board shall
5-9 administer and enforce:
5-10 (1) the physical therapy law, Chapter 836, Acts of the
5-11 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
5-12 Texas Civil Statutes), and its subsequent amendments; and
5-13 (2) the Occupational Therapy Title Act (Article 8851,
5-14 Vernon's Texas Civil Statutes), and its subsequent amendments.
5-15 Sec. 10. SEPARATE LICENSES. (a) The board shall issue
5-16 separate licenses for a physical therapist and occupational
5-17 therapist.
5-18 (b) The board may issue more than one type of license to a
5-19 person under a law regulated by the board if the person is
5-20 qualified to hold each of the licenses issued. The board shall
5-21 adopt rules relating to the issuance of multiple licenses to a
5-22 person under laws administered by the board.
5-23 Sec. 11. RULES. (a) The board may only adopt rules
5-24 proposed to the board by a rules subcommittee established under
5-25 Section 12 of this article. This provision controls
5-26 notwithstanding any conflicting provision of the physical therapy
5-27 law, Chapter 836, Acts of the 62nd Legislature, Regular Session,
6-1 1971 (Article 4512e, Vernon's Texas Civil Statutes), or the
6-2 Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
6-3 Statutes).
6-4 (b) If the board does not approve a rule proposed by a rules
6-5 subcommittee, the board shall indicate to the subcommittee the
6-6 reasons that the board did not approve the rule and return the rule
6-7 to the subcommittee for further development.
6-8 Sec. 12. RULES SUBCOMMITTEES. (a) Two rules subcommittees,
6-9 each consisting of three members of the board, are established as
6-10 follows:
6-11 (1) a rules subcommittee relating to the practice of
6-12 physical therapy consisting of two board members who are physical
6-13 therapists and one member who represents the public; and
6-14 (2) a rules subcommittee relating to the practice of
6-15 occupational therapy consisting of two board members who are
6-16 occupational therapists and one member who represents the public.
6-17 (b) A member of the board may not serve on more than one
6-18 rules subcommittee.
6-19 (c) The presiding officer of the board shall designate the
6-20 licensed physical or occupational therapists and public members of
6-21 each rules subcommittee.
6-22 (d) A rules subcommittee shall develop and recommend to the
6-23 board for approval rules that regulate the profession to which the
6-24 subcommittee relates. A rules subcommittee periodically shall
6-25 review board rules relating to the profession to which the
6-26 subcommittee relates and shall recommend changes in those rules to
6-27 the board. The authority of a rules subcommittee is not affected
7-1 by Section 5(f), Administrative Procedure and Texas Register Act
7-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-3 subsequent amendments.
7-4 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize,
7-5 from funds appropriated to it, all necessary disbursements to carry
7-6 out:
7-7 (1) this article;
7-8 (2) the physical therapy law, Chapter 836, Acts of the
7-9 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
7-10 Texas Civil Statutes), and its subsequent amendments; and
7-11 (3) the Occupational Therapy Title Act (Article 8851,
7-12 Vernon's Texas Civil Statutes) and its subsequent amendments.
7-13 (b) The financial transactions of the board are subject to
7-14 audit by the state auditor in accordance with Chapter 321,
7-15 Government Code, and its subsequent amendments.
7-16 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file
7-17 annually with the governor and the presiding officer of each house
7-18 of the legislature a complete and detailed written report
7-19 accounting for all funds received and disbursed by the board during
7-20 the preceding fiscal year. The annual report must be in the form
7-21 and reported in the time provided by the General Appropriations
7-22 Act.
7-23 Sec. 15. PERSONNEL POLICIES. (a) The director or the
7-24 director's designee shall develop an intra-agency career ladder
7-25 program. The program shall require intra-agency posting of all
7-26 nonentry level positions concurrently with any public posting.
7-27 (b) The director or the director's designee shall develop a
8-1 system of annual performance evaluations based on measurable job
8-2 tasks. All merit pay for board employees must be based on the
8-3 system established under this subsection.
8-4 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-5 director or the director's designee shall prepare and maintain a
8-6 written policy statement to assure implementation of a program of
8-7 equal employment opportunity under which all personnel transactions
8-8 are made without regard to race, color, disability, sex, religion,
8-9 age, or national origin. The policy statement must include:
8-10 (1) personnel policies, including policies relating to
8-11 recruitment, evaluation, selection, application, training, and
8-12 promotion of personnel that are in compliance with the Commission
8-13 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes),
8-14 and its subsequent amendments;
8-15 (2) a comprehensive analysis of the board work force
8-16 that meets federal and state guidelines;
8-17 (3) procedures by which a determination can be made of
8-18 significant underuse in the board work force of all persons for
8-19 whom federal or state guidelines encourage a more equitable
8-20 balance; and
8-21 (4) reasonable methods to appropriately address those
8-22 areas of underuse.
8-23 (b) A policy statement prepared under Subsection (a) of this
8-24 section must cover an annual period, be updated annually, be
8-25 reviewed by the Commission on Human Rights for compliance with
8-26 Subsection (a)(1) of this section, and be filed with the governor's
8-27 office.
9-1 (c) The governor's office shall deliver a biennial report to
9-2 the legislature based on the information received under Subsection
9-3 (b) of this section. The report may be made separately or as part
9-4 of other biennial reports to the legislature.
9-5 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall
9-6 prepare information of public interest describing the functions of
9-7 the board and the board's procedures by which complaints are filed
9-8 with and resolved by the board. The board shall make the
9-9 information available to the public and appropriate state agencies.
9-10 (b) The board by rule shall establish methods by which
9-11 consumers and service recipients are notified of the name, mailing
9-12 address, and telephone number of the board for the purpose of
9-13 directing complaints to the board. The board may provide for that
9-14 notification:
9-15 (1) on each registration form, application, or written
9-16 contract for services of an individual or entity regulated by the
9-17 board;
9-18 (2) on a sign prominently displayed in the place of
9-19 business of each individual or entity regulated by the board; or
9-20 (3) in a bill for service provided by an individual or
9-21 entity regulated by the board.
9-22 (c) The board shall list along with its regular telephone
9-23 number the toll-free telephone number that may be called to present
9-24 a complaint about a health professional if the toll-free number is
9-25 established under other state law.
9-26 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
9-27 shall develop and implement policies that provide the public with a
10-1 reasonable opportunity to appear before the board and to speak on
10-2 any issue under the jurisdiction of the board.
10-3 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and
10-4 maintain a written plan that describes how a person who does not
10-5 speak English can be provided reasonable access to the board's
10-6 programs. The board shall also comply with federal and state laws
10-7 for program and facility accessibility.
10-8 Sec. 20. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
10-9 Each board member shall comply with the board member training
10-10 requirements established by any other state agency that is given
10-11 authority to establish the requirements for the board.
10-12 (b) The board shall provide to its members and employees, as
10-13 often as necessary, information regarding their qualifications for
10-14 office or employment under this article and their responsibilities
10-15 under applicable laws relating to standards of conduct for state
10-16 officers or employees.
10-17 Sec. 21. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
10-18 board is subject to:
10-19 (1) the open meetings law, Chapter 271, Acts of the
10-20 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
10-21 Texas Civil Statutes), and its subsequent amendments; and
10-22 (2) the Administrative Procedure and Texas Register
10-23 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-24 subsequent amendments.
10-25 Sec. 22. SUNSET PROVISION. The State Board of Physical
10-26 Therapy and Occupational Therapy Examiners is subject to Chapter
10-27 325, Government Code (Texas Sunset Act), and its subsequent
11-1 amendments. Unless continued in existence as provided by that
11-2 chapter, the board is abolished and the following laws expire
11-3 September 1, 2005:
11-4 (1) this article;
11-5 (2) the physical therapy law, Chapter 836, Acts of the
11-6 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
11-7 Texas Civil Statutes), and its subsequent amendments; and
11-8 (3) the Occupational Therapy Title Act (Article 8851,
11-9 Vernon's Texas Civil Statutes) and its subsequent amendments.
11-10 ARTICLE 2. THE PRACTICE OF PHYSICAL THERAPY
11-11 SECTION 2.01. Section 1(5), Chapter 836, Acts of the 62nd
11-12 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
11-13 Civil Statutes), is amended to read as follows:
11-14 (5) "Board" means the State <Texas> Board of Physical
11-15 Therapy and Occupational Therapy Examiners.
11-16 SECTION 2.02. Section 3, Chapter 836, Acts of the 62nd
11-17 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
11-18 Civil Statutes), is amended to read as follows:
11-19 Sec. 3. Examinations <Powers and Duties of Board>. (a) The
11-20 board shall examine applicants for licenses at least once each year
11-21 at such reasonable places and times as shall be designated by the
11-22 board in its discretion.
11-23 (b) <The board may employ additional employees to aid in
11-24 administering examinations.>
11-25 <(c)> The examination shall embrace the following subjects:
11-26 anatomy; pathology; physiology; psychology; physics;
11-27 electrotherapy; radiation therapy; hydrotherapy; massage therapy;
12-1 exercises; physical therapy as applied to medicine; neurology;
12-2 orthopedics; psychiatry; and procedures in the practice of physical
12-3 therapy.
12-4 <(d) The board shall revoke or suspend a license, place on
12-5 probation a licensee whose license has been suspended, or reprimand
12-6 a licensee for a violation of this Act or a rule adopted by the
12-7 board.>
12-8 <(e) The board may adopt rules consistent with this Act to
12-9 carry out its duties in administering this Act.>
12-10 (c) Not later than the 30th day <(f) Within 30 days> after
12-11 the date a licensing examination is administered under this Act,
12-12 the board shall notify each examinee of the results of the
12-13 examination. However, if an examination is graded or reviewed by a
12-14 national testing service, the board shall notify each examinee of
12-15 the results of the examination not later than the 14th day <within
12-16 two weeks> after the date the board receives the results from the
12-17 testing service. If the notice of the examination results graded
12-18 or reviewed by a national testing service will be delayed for more
12-19 than 90 days after the examination date, the board shall notify
12-20 each examinee of the reason for the delay before the 90th day.
12-21 (d) The board by rule may establish procedures for the
12-22 administration of the examination, including the conditions under
12-23 which and the number of times an applicant may retake an
12-24 examination.
12-25 (e) The board shall have the written portion of the
12-26 examination, if any, validated by an independent testing
12-27 professional.
13-1 (f) If requested in writing by a person who fails a
13-2 licensing examination administered under this Act, the board shall
13-3 furnish the person with an analysis of the person's performance on
13-4 the examination.
13-5 <(g) The board shall maintain an information file about each
13-6 complaint filed with the board relating to a licensee. If a
13-7 written complaint is filed with the board relating to a licensee,
13-8 the board, at least as frequently as quarterly and until final
13-9 disposition of the complaint, shall notify the parties to the
13-10 complaint of the status of the complaint unless the notice would
13-11 jeopardize an undercover investigation.>
13-12 <(h) The board shall prepare information of consumer
13-13 interest describing the regulatory functions of the board and the
13-14 board's procedures by which consumer complaints are filed with and
13-15 resolved by the board. The board shall also prepare information
13-16 relating to and reporting any previous disciplinary action by the
13-17 board against a physical therapist licensed in this state, the date
13-18 of the action, and the current status of the action. The board
13-19 shall make the information available to the general public and
13-20 appropriate state agencies. The board shall establish a toll-free
13-21 telephone number to make the information immediately available to
13-22 any caller during regular business hours.>
13-23 <(i) Each written contract for services in this state of a
13-24 licensed physical therapist shall contain the name, mailing
13-25 address, and telephone number of the board.>
13-26 <(j) The board is subject to the open meetings law, Chapter
13-27 271, Acts of the 60th Legislature, Regular Session, 1967, as
14-1 amended (Article 6252-17, Vernon's Texas Civil Statutes), and the
14-2 Administrative Procedure and Texas Register Act, as amended
14-3 (Article 6252-13a, Vernon's Texas Civil Statutes).>
14-4 <(k) The board may recognize, prepare, or implement
14-5 continuing education programs for licensees. Participation in the
14-6 programs is mandatory. The board shall adopt rules relating to its
14-7 continuing education requirements, including rules relating to the
14-8 approval of continuing education courses and prescribing the number
14-9 of continuing education hours each licensee must complete to retain
14-10 eligibility for renewal of the license.>
14-11 <(l) If the appropriate standing committees of both houses
14-12 of the legislature acting under Subsection (g), Section 5,
14-13 Administrative Procedure and Texas Register Act, as amended
14-14 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
14-15 board statements opposing adoption of a rule under that section,
14-16 the rule may not take effect, or if the rule has already taken
14-17 effect, the rule is repealed effective on the date the board
14-18 receives the committee's statements.>
14-19 SECTION 2.03. Section 6, Chapter 836, Acts of the 62nd
14-20 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
14-21 Civil Statutes), is amended to read as follows:
14-22 Sec. 6. Exemptions. This Act does not apply to:
14-23 (1) a licensee of another state agency performing
14-24 health-care services within the scope of the applicable licensing
14-25 act if:
14-26 (A) the licensee does not represent to others
14-27 that the licensee is a physical therapist and does not use the term
15-1 "physical therapy," "physical therapist," "physiotherapy,"
15-2 "physiotherapist," "licensed physical therapist," "registered
15-3 physical therapist," or assistant thereto, or the letters "PT,"
15-4 "PhT," "LPT," or "RPT" or any derivative of those terms in
15-5 connection with the licensee's name or practice; and
15-6 (B) the licensee practices strictly in
15-7 conformity with applicable laws and regulations relating to the
15-8 licensure<, an occupational therapist who confines his practice to
15-9 occupational therapy, a certified corrective therapist who confines
15-10 his practice to corrective therapy, and a speech pathologist or an
15-11 audiologist who confines his practice to the treatment of
15-12 communication disorders>;
15-13 (2) a physical therapy aide;
15-14 (3) a physical therapy student or physical therapy
15-15 assistant student in an accredited curriculum and under the
15-16 supervision of a licensee under this Act; or a student of an
15-17 accredited allied health science curriculum under the supervision
15-18 of properly licensed, certified, or registered personnel;
15-19 (4) a physical therapist doing special projects in
15-20 patient care while working toward an advanced degree from an
15-21 accredited college or university; or
15-22 (5) a physical therapist who does not live in this
15-23 state and is licensed by the appropriate authorities who comes into
15-24 this state to attend educational activities. The duration of this
15-25 exemption shall be no more than six months.
15-26 SECTION 2.04. Section 9(a), Chapter 836, Acts of the 62nd
15-27 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
16-1 Civil Statutes), is amended to read as follows:
16-2 (a) An applicant for a physical therapist assistant license
16-3 must file a written application with the board, on a form provided
16-4 by the board, accompanied by an examination fee prescribed by the
16-5 board, which is refundable if the applicant does not take the
16-6 examination, and an application fee prescribed by the board, which
16-7 is not refundable. The applicant must present evidence
16-8 satisfactory to the board that the applicant <he> has completed an
16-9 accredited physical therapist assistant program or an accredited
16-10 physical therapy program, including courses in the anatomical,
16-11 biological, and physical sciences, and clinical procedures as
16-12 prescribed and approved by the board.
16-13 SECTION 2.05. Section 10, Chapter 836, Acts of the 62nd
16-14 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
16-15 Civil Statutes), is amended to read as follows:
16-16 Sec. 10. PROVISIONAL LICENSE <LICENSE BY ENDORSEMENT>.
16-17 (a) The board may grant a provisional license to an applicant who
16-18 presents proof of current licensure in another state, including the
16-19 District of Columbia, or territory of the United States that
16-20 maintains professional standards considered by the board to be
16-21 equivalent to those set forth in this Act. An applicant for a
16-22 provisional license under this section must:
16-23 (1) be licensed in good standing as a physical
16-24 therapist in another state, the District of Columbia, or a
16-25 territory of the United States that has licensing requirements that
16-26 are substantially equivalent to the requirements of this Act;
16-27 (2) have passed a national or other examination
17-1 recognized by the board relating to the practice of physical
17-2 therapy; and
17-3 (3) be sponsored by a person licensed by the board
17-4 under this Act with whom the provisional licensee may practice
17-5 under this section.
17-6 (b) An applicant for a provisional license may be excused
17-7 from the requirement of Subsection (a)(3) of this section if the
17-8 board determines that compliance with that subsection constitutes a
17-9 hardship to the applicant.
17-10 (c) A provisional license is valid until the date the board
17-11 approves or denies the provisional licensee's application for a
17-12 license. The board shall issue a license under this Act to the
17-13 holder of a provisional license under this section if:
17-14 (1) the provisional licensee passes the examination
17-15 required by Section 8 or 9 of this Act;
17-16 (2) the board verifies that the provisional licensee
17-17 has the academic and experience requirements for a license under
17-18 this Act; and
17-19 (3) the provisional licensee satisfies any other
17-20 license requirements under this Act.
17-21 (d) The board must complete the processing of a provisional
17-22 licensee's application for a license not later than the 180th day
17-23 after the date the provisional license is issued. <A person who is
17-24 licensed or otherwise registered as a physical therapist or as a
17-25 physical therapist assistant by another state, the District of
17-26 Columbia, or a commonwealth or territory of the United States whose
17-27 requirements for licensing or registration were at the date of
18-1 licensing or registration substantially equal to the requirements
18-2 prescribed by this Act may receive a physical therapist license
18-3 without examination on submission of an application on a form
18-4 prescribed by the board and payment of an endorsement license fee
18-5 prescribed by the board.>
18-6 SECTION 2.06. Chapter 836, Acts of the 62nd Legislature,
18-7 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
18-8 Statutes), is amended by adding Section 10A to read as follows:
18-9 Sec. 10A. FOREIGN-TRAINED APPLICANTS. Foreign-trained
18-10 physical therapists or physical therapy assistants shall satisfy
18-11 the examination requirements of Section 8 or 9. The board shall
18-12 require foreign-trained applicants to furnish proof of good moral
18-13 character and completion of requirements substantially equal to
18-14 those contained in Section 8 or 9 before taking the examination.
18-15 SECTION 2.07. Section 11, Chapter 836, Acts of the 62nd
18-16 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
18-17 Civil Statutes), is amended to read as follows:
18-18 Sec. 11. Temporary License; INACTIVE STATUS. (a) The board
18-19 by rule may provide for the issuance of a temporary license. A
18-20 holder of a temporary license shall practice under the supervision
18-21 of a licensed physical therapist.
18-22 (b) The board by rule may provide for a person who holds a
18-23 license under this Act to be placed on inactive status. Rules
18-24 adopted under this section shall include a time limit for a
18-25 licensee to remain on inactive status <shall issue a temporary
18-26 license without examination to a physical therapist or physical
18-27 therapist assistant who meets the qualifications prescribed by
19-1 Sections 8 and 9 of this Act on submission of a written application
19-2 on a form prescribed by the board, proof that the applicant is in
19-3 this state on a temporary basis to assist in a case of medical
19-4 emergency or to engage in a special physical therapy project, and
19-5 payment of a fee prescribed by the board for a physical therapist
19-6 temporary license or a physical therapist assistant temporary
19-7 license. This license expires one year from the date of issuance.>
19-8 <(b) The board shall issue a temporary license to a person
19-9 who has applied for a license, meets the qualifications prescribed
19-10 by Sections 8 and 9 of this Act, and has paid a fee prescribed by
19-11 the board for a physical therapist temporary license or a physical
19-12 therapist assistant temporary license. This license expires on
19-13 completion of scoring of the next administered examination whether
19-14 the applicant passes the examination or not. Issuance of a
19-15 temporary license following failure of part or all of the
19-16 examination shall be according to rules adopted by the board>.
19-17 SECTION 2.08. Section 14, Chapter 836, Acts of the 62nd
19-18 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
19-19 Civil Statutes), is amended to read as follows:
19-20 Sec. 14. Display of License; LICENSE INFORMATION. (a) Each
19-21 licensee under this Act shall display his license and renewal
19-22 certificate in a conspicuous place in the principal office where he
19-23 practices physical therapy.
19-24 (b) A written contract for services of a licensed physical
19-25 therapist shall contain the name, mailing address, and telephone
19-26 number of the board <There shall at all times be prominently
19-27 displayed in the place of business of each licensee under this Act
20-1 a sign containing the name, mailing address, and telephone number
20-2 of the board and a statement informing consumers that complaints
20-3 against licensees can be directed to the board>.
20-4 SECTION 2.09. Section 15, Chapter 836, Acts of the 62nd
20-5 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
20-6 Civil Statutes), is amended to read as follows:
20-7 Sec. 15. Renewal of License. (a) A license issued under
20-8 this Act<, except a temporary license,> expires two years after
20-9 <one year from> the date of issuance.
20-10 (b) A person may renew an <his> unexpired license by paying
20-11 to <filing a renewal application with> the board before the
20-12 expiration date of the license<, accompanied by> the required
20-13 renewal fee. <The renewal application must include evidence
20-14 satisfactory to the board that the licensee has fulfilled the
20-15 continuing education requirements imposed under Subsection (k) of
20-16 Section 3 of this Act.>
20-17 (c) If a person's license has been expired for 90 days or
20-18 less, the person may renew the license by paying to the board the
20-19 required renewal fee and a fee that is one-half of the examination
20-20 fee for the license.
20-21 (d) If a person's license has been expired for more than 90
20-22 days but less than one year, the person may renew the license by
20-23 paying to the board all unpaid renewal fees and a fee that is equal
20-24 to the examination fee for the license.
20-25 (e) If a person's license has been expired for one year or
20-26 more, the person may not renew the license. The person may obtain
20-27 a new license by submitting to reexamination and complying with the
21-1 requirements and procedures for obtaining an original license.
21-2 However, the board may renew without examination an expired license
21-3 of a person who was licensed in this state, moved to another state,
21-4 and is currently licensed and has been in practice in the other
21-5 state for the two years preceding application. The person must pay
21-6 to the board a fee that is equal to the examination fee for the
21-7 license.
21-8 (f) At least 30 days before the expiration of a person's
21-9 license, the board shall send written notice of the impending
21-10 license expiration to the person at the licensee's last known
21-11 address according to the records of the board.
21-12 <(c) If a person's license has been expired for not more
21-13 than 90 days, the person may renew the license by paying to the
21-14 board the required renewal fee and a fee that is one-half of the
21-15 examination fee for the license.>
21-16 <(d) If a person's license has been expired for more than 90
21-17 days but less than two years, the person may renew the license by
21-18 paying to the board all unpaid renewal fees and a fee that is equal
21-19 to the examination fee for the license.>
21-20 <(e) If a person's license has been expired for two years or
21-21 more, the person may not renew the license. The person may obtain
21-22 a new license by submitting to reexamination and complying with the
21-23 requirements and procedures for obtaining an original license.>
21-24 <(f) The board shall notify each licensee in writing of the
21-25 licensee's impending license expiration at least 30 days before the
21-26 expiration date and shall attempt to obtain from the licensee a
21-27 signed statement confirming receipt of the notice.>
22-1 SECTION 2.10. Section 16, Chapter 836, Acts of the 62nd
22-2 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
22-3 Civil Statutes), is amended to read as follows:
22-4 Sec. 16. Alternative Expiration Date System. <(a)> The
22-5 board may adopt a system under which licenses expire on various
22-6 dates during the year.
22-7 <(b)> For the year in which the license expiration date is
22-8 changed, license fees payable on the date of issuance shall be
22-9 prorated on a monthly basis so that each licensee shall pay <pays>
22-10 only that portion of the license fee that is allocable to the
22-11 number of months during which the license is valid.
22-12 <(c)> On renewal of the license on the new expiration date,
22-13 the total license renewal fee is payable.
22-14 SECTION 2.11. Chapter 836, Acts of the 62nd Legislature,
22-15 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
22-16 Statutes), is amended by adding Section 16A to read as follows:
22-17 Sec. 16A. MANDATORY CONTINUING EDUCATION. (a) The board by
22-18 rule shall adopt requirements for mandatory continuing education
22-19 for licensees under this Act in subjects pertaining to the practice
22-20 of physical therapy. The board by rule shall establish a minimum
22-21 number of hours of continuing education required to renew a
22-22 license. The board may assess the continuing education needs of
22-23 licensees and may require licensees to attend continuing education
22-24 courses specified by the board. The board by rule shall develop a
22-25 process to evaluate and approve continuing education courses.
22-26 (b) The board shall identify the key factors for the
22-27 competent performance by a licensee of the licensee's professional
23-1 duties. The board shall adopt a procedure to assess a licensee's
23-2 participation and performance in continuing education programs.
23-3 SECTION 2.12. Section 17, Chapter 836, Acts of the 62nd
23-4 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
23-5 Civil Statutes), is amended to read as follows:
23-6 Sec. 17. Fees. (a) The board shall establish reasonable
23-7 and necessary fees so that the fees, in the aggregate, produce
23-8 sufficient revenue to cover the cost of administering this Act.
23-9 The board may not set a fee for an amount less than the amount of
23-10 that fee on September 1, 1993. <for the administration of this Act
23-11 in amounts not to exceed:>
23-12 <Examination>
23-13 <1. Physical Therapist> <$100>
23-14 <2. Physical Therapist Assistant> <90>
23-15 <Application>
23-16 <1. Physical Therapist> <60>
23-17 <2. Physical Therapist Assistant> <60>
23-18 <License Fee>
23-19 <Endorsement>
23-20 <1. Physical Therapist> <100>
23-21 <2. Physical Therapist Assistant> <90>
23-22 <Temporary License>
23-23 <1. Physical Therapist> <40>
23-24 <2. Physical Therapist Assistant> <30>
23-25 <Renewal>
23-26 <1. Physical Therapist> <75>
23-27 <2. Physical Therapist Assistant> <65>
24-1 <Issuance Fee>
24-2 <1. Physical Therapist> <65>
24-3 <2. Physical Therapist Assistant> <65>
24-4 <Duplicate License>
24-5 <1. Physical Therapist> <50>
24-6 <2. Physical Therapist Assistant> <50>
24-7 <Transfer Fee>
24-8 <1. Physical Therapist> <50>
24-9 <2. Physical Therapist Assistant> <50>
24-10 (b) The board may not maintain unnecessary fund balances,
24-11 and fee amounts shall be set in accordance with this requirement.
24-12 SECTION 2.13. Section 20(a), Chapter 836, Acts of the 62nd
24-13 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
24-14 Civil Statutes), is amended to read as follows:
24-15 (a) A person whose application for a license is denied is
24-16 entitled to a hearing before the State Office of Administrative
24-17 Hearings <board> if the applicant <he> submits a written request
24-18 for a hearing to the board.
24-19 SECTION 2.14. Chapter 836, Acts of the 62nd Legislature,
24-20 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
24-21 Statutes), is amended by adding Section 20A to read as follows:
24-22 Sec. 20A. REVOCATION, SUSPENSION, OR PROBATION OF LICENSE.
24-23 (a) The board shall revoke or suspend a license, place on
24-24 probation a licensee whose license has been suspended, or reprimand
24-25 a licensee for a violation of this Act or a rule adopted by the
24-26 board.
24-27 (b) If a license suspension is probated, the board may
25-1 require the licensee to:
25-2 (1) report regularly to the board on matters that are
25-3 the basis of the probation;
25-4 (2) limit practice to the areas prescribed by the
25-5 board; or
25-6 (3) continue or review continuing professional
25-7 education until the licensee attains a degree of skill satisfactory
25-8 to the board in those areas that are the basis of the probation.
25-9 (c) The schedule of sanctions adopted by the board by rule
25-10 shall be used by the State Office of Administrative Hearings for
25-11 any sanction imposed as the result of a hearing conducted by that
25-12 office.
25-13 SECTION 2.15. Section 21, Chapter 836, Acts of the 62nd
25-14 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
25-15 Civil Statutes), is amended to read as follows:
25-16 Sec. 21. Disposition of Funds. <(a)> Fees received by the
25-17 board under this Act shall be deposited in the State Treasury to
25-18 the credit of the General Revenue Fund.
25-19 <(b) The financial transactions of the board are subject to
25-20 audit by the state auditor in accordance with Chapter 321,
25-21 Government Code.>
25-22 <(c) On or before January 1 of each year, the board shall
25-23 make in writing to the governor and the presiding officer of each
25-24 house of the legislature a complete and detailed report accounting
25-25 for all funds received and disbursed by the board during the
25-26 preceding year.>
25-27 SECTION 2.16. Chapter 836, Acts of the 62nd Legislature,
26-1 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
26-2 Statutes), is amended by adding Sections 22-27 to read as follows:
26-3 Sec. 22. COMPLAINT PROCEDURE IN GENERAL. (a) The board
26-4 shall keep an information file about each complaint filed with the
26-5 board. The board's information file shall be kept current and
26-6 contain a record for each complaint of:
26-7 (1) all persons contacted in relation to the
26-8 complaint;
26-9 (2) a summary of findings made at each step of the
26-10 complaint process;
26-11 (3) an explanation of the legal basis and reason for a
26-12 complaint that is dismissed; and
26-13 (4) other relevant information.
26-14 (b) If a written complaint is filed with the board that the
26-15 board has authority to resolve, the board, at least as frequently
26-16 as quarterly and until final disposition of the complaint, shall
26-17 notify the parties to the complaint of the status of the complaint
26-18 unless the notice would jeopardize an undercover investigation.
26-19 (c) The board by rule shall adopt a form to standardize
26-20 information concerning complaints made to the board. The board by
26-21 rule shall prescribe information to be provided to a person when
26-22 the person files a complaint with the board.
26-23 (d) The board shall provide reasonable assistance to a
26-24 person who wishes to file a complaint with the board.
26-25 Sec. 23. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
26-26 board shall adopt rules concerning the investigation of a complaint
26-27 filed with the board. The rules adopted under this subsection
27-1 shall:
27-2 (1) distinguish between categories of complaints;
27-3 (2) ensure that complaints are not dismissed without
27-4 appropriate consideration;
27-5 (3) require that the board be advised of a complaint
27-6 that is dismissed and that a letter be sent to the person who filed
27-7 the complaint explaining the action taken on the dismissed
27-8 complaint;
27-9 (4) ensure that the person who filed the complaint has
27-10 an opportunity to explain the allegations made in the complaint;
27-11 and
27-12 (5) prescribe guidelines concerning the categories of
27-13 complaints that require the use of a private investigator and the
27-14 procedures for the board to obtain the services of a private
27-15 investigator.
27-16 (b) The board shall dispose of all complaints in a timely
27-17 manner. The board shall establish a schedule for conducting each
27-18 phase of a complaint that is under the control of the board not
27-19 later than the 30th day after the date the complaint is received by
27-20 the board. The schedule shall be kept in the information file for
27-21 the complaint and all parties shall be notified of the projected
27-22 time requirements for pursuing the complaint. A change in the
27-23 schedule must be noted in the complaint information file and all
27-24 parties to the complaint must be notified not later than the
27-25 seventh day after the date the change is made.
27-26 (c) The director of the board shall notify the board of a
27-27 complaint that extends beyond the time prescribed by the board for
28-1 resolving the complaint so that the board may take necessary action
28-2 on the complaint.
28-3 Sec. 24. INFORMAL PROCEEDINGS. (a) The board by rule shall
28-4 adopt procedures governing:
28-5 (1) informal disposition of a contested case under
28-6 Section 13(e), Administrative Procedure and Texas Register Act
28-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
28-8 subsequent amendments; and
28-9 (2) informal proceedings held in compliance with
28-10 Section 18(c), Administrative Procedure and Texas Register Act
28-11 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
28-12 subsequent amendments.
28-13 (b) Rules adopted under this section must provide the
28-14 complainant and the licensee an opportunity to be heard and must
28-15 require the presence of a representative of the office of the
28-16 attorney general to advise the board or board's employees.
28-17 Sec. 25. MONITORING OF LICENSEE. The board by rule shall
28-18 develop a system for monitoring licensees' compliance with the
28-19 requirements of this Act. Rules adopted under this section shall
28-20 include procedures for monitoring a licensee who is ordered by the
28-21 board to perform certain acts to ascertain that the licensee
28-22 performs the required acts and to identify and monitor licensees
28-23 who represent a risk to the public.
28-24 Sec. 26. RESTRICTIONS ON RULES. If the appropriate standing
28-25 committees of both houses of the legislature acting under Section
28-26 5(g), Administrative Procedure and Texas Register Act (Article
28-27 6252-13a, Vernon's Texas Civil Statutes), and its subsequent
29-1 amendments, transmit to the board statements opposing adoption of a
29-2 rule under that section, the rule may not take effect, or if the
29-3 rule has already taken effect, the rule is repealed effective on
29-4 the date the board receives the committee's statements.
29-5 Sec. 27. REGISTRATION OF FACILITIES. (a) The board by rule
29-6 shall adopt requirements for the registration and renewal of a
29-7 registration of a facility in which the practice of physical
29-8 therapy is conducted.
29-9 (b) If one or more facilities are owned by an individual,
29-10 partnership, corporation, or other entity, the board may require
29-11 only one application for the registration of all facilities.
29-12 (c) A holder of a license may practice only in a registered
29-13 facility.
29-14 ARTICLE 3. THE PRACTICE OF OCCUPATIONAL THERAPY
29-15 SECTION 3.01. Section 2(4), Occupational Therapy Title Act
29-16 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
29-17 as follows:
29-18 (4) "Board" means the State <Texas Advisory> Board of
29-19 Physical Therapy and Occupational Therapy Examiners.
29-20 SECTION 3.02. Section 5, Occupational Therapy Title Act
29-21 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
29-22 as follows:
29-23 Sec. 5. Powers and Duties of the Board. (a) The board
29-24 shall approve applicants for licenses at least once each year at
29-25 such reasonable times and places as shall be designated by the
29-26 board in its discretion.
29-27 (b) The board shall establish reasonable and necessary fees
30-1 so that the fees, in the aggregate, produce sufficient revenue to
30-2 cover the cost of administering this Act. The board may not set a
30-3 fee for an amount less than the amount of that fee on September 1,
30-4 1993 <may collect fees for licenses, license renewals,
30-5 examinations, and all other administrative expenses. If the
30-6 General Appropriations Act does not set the amount of those fees,
30-7 the board shall set the fees in amounts that will recover the
30-8 amount appropriated for the operation of the board from the General
30-9 Revenue Fund>.
30-10 (c) The board shall approve the examination as described in
30-11 Subsection (b) of Section 17 of this Act.
30-12 <(d) The board may investigate complaints; issue, suspend,
30-13 deny, and revoke licenses; reprimand licensees and place them on
30-14 probation; issue subpoenas; and hold hearings. The board shall
30-15 keep an information file about each complaint that is filed with
30-16 the board relating to a licensee or an entity regulated by the
30-17 board. If a written complaint is filed with the board relating to
30-18 a licensee or entity regulated by the board, the board shall notify
30-19 the parties to the complaint of the status of the complaint unless
30-20 the notice would jeopardize an undercover investigation. The board
30-21 shall notify the parties to the complaint at least as frequently as
30-22 quarterly until the final disposition of the complaint.>
30-23 <(e) The board shall propose rules consistent with this Act
30-24 to carry out its duties in administering this Act, shall submit
30-25 said rules to the office of the Attorney General of Texas for
30-26 review, and shall then adopt rules consistent with the advice of
30-27 the attorney general. In adopting its rules, the board shall
31-1 consider any applicable policies and procedures of the commission.>
31-2 <(f) The commissioner with the advice of the board shall
31-3 appoint an executive director to implement the purposes of this Act
31-4 at a salary as determined by legislative appropriation.>
31-5 <(g) The executive director of the board or her/his designee
31-6 shall develop an intraagency career ladder program, one part of
31-7 which shall be the intraagency posting of all nonentry level
31-8 positions for at least 10 days before any public posting.>
31-9 <(h) The executive director of the board or her/his designee
31-10 shall develop a system of annual performance evaluation based on
31-11 measurable job tasks. All merit pay for board employees must be
31-12 based on the system established under this section.>
31-13 <(i) The board shall contract for space, computer services,
31-14 office materials, employees, and any other needed services,
31-15 materials, or assistants deemed necessary.>
31-16 <(j) The board shall prepare information of consumer
31-17 interest describing the regulatory functions of the board and the
31-18 legal rights of consumers as provided in this Act.>
31-19 <(k) The board shall assist the proper legal authorities in
31-20 the prosecution of all persons violating any provisions of this
31-21 Act.>
31-22 <(l) The board shall prepare or approve continuing education
31-23 programs for licensees and shall require each licensee to
31-24 participate in an approved continuing education program in order to
31-25 renew a license issued under this Act.>
31-26 <(m) The board shall develop and implement policies that
31-27 clearly define the respective responsibilities of the governing
32-1 body of the board and the staff of the board.>
32-2 SECTION 3.03. The Occupational Therapy Title Act (Article
32-3 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
32-4 5A, 5B, 5C, 5D, and 5E to read as follows:
32-5 Sec. 5A. MANDATORY CONTINUING EDUCATION. (a) The board by
32-6 rule shall establish a minimum number of hours of continuing
32-7 education required to renew a license under this Act. The board
32-8 may assess the continuing education needs of licensees and may
32-9 require licensees to attend continuing education courses specified
32-10 by the board. The board by rule shall develop a process to
32-11 evaluate and approve continuing education courses.
32-12 (b) The board shall identify the key factors for the
32-13 competent performance by a licensee of the licensee's professional
32-14 duties. The board shall adopt a procedure to assess a licensee's
32-15 participation in continuing education programs.
32-16 Sec. 5B. COMPLAINT INFORMATION. (a) The board shall keep
32-17 an information file about each complaint filed with the board. The
32-18 board's information file shall be kept current and contain a record
32-19 for each complaint of:
32-20 (1) all persons contacted in relation to the
32-21 complaint;
32-22 (2) a summary of findings made at each step of the
32-23 complaint process;
32-24 (3) an explanation of the legal basis and reason for a
32-25 complaint that is dismissed; and
32-26 (4) other relevant information.
32-27 (b) If a written complaint is filed with the board that the
33-1 board has authority to resolve, the board, at least as frequently
33-2 as quarterly and until final disposition of the complaint, shall
33-3 notify the parties to the complaint of the status of the complaint
33-4 unless the notice would jeopardize an undercover investigation.
33-5 (c) The board by rule shall adopt a form to standardize
33-6 information concerning complaints made to the board. The board by
33-7 rule shall prescribe information to be provided to a person when
33-8 the person files a complaint with the board.
33-9 (d) The board shall provide reasonable assistance to a
33-10 person who wishes to file a complaint with the board.
33-11 Sec. 5C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
33-12 board shall adopt rules concerning the investigation of a complaint
33-13 filed with the board. The rules adopted under this subsection
33-14 shall:
33-15 (1) distinguish between categories of complaints;
33-16 (2) ensure that complaints are not dismissed without
33-17 appropriate consideration;
33-18 (3) require that the board be advised of a complaint
33-19 that is dismissed and that a letter be sent to the person who filed
33-20 the complaint explaining the action taken on the dismissed
33-21 complaint;
33-22 (4) ensure that the person who filed the complaint has
33-23 an opportunity to explain the allegations made in the complaint;
33-24 and
33-25 (5) prescribe guidelines concerning the categories of
33-26 complaints that require the use of a private investigator and the
33-27 procedures for the board to obtain the services of a private
34-1 investigator.
34-2 (b) The board shall dispose of all complaints in a timely
34-3 manner. The board shall establish a timeline for conducting each
34-4 phase of a complaint that is under the control of the board not
34-5 later than the 30th day after the date the complaint is received by
34-6 the board. The timeline shall be kept in the information file for
34-7 the complaint and all parties shall be notified of the projected
34-8 time requirements for pursuing the complaint. A change in the
34-9 timeline must be noted in the complaint information file and all
34-10 parties to the complaint must be notified not later than the
34-11 seventh day after the date the change is made.
34-12 (c) The director of the board shall notify the board of a
34-13 complaint that extends beyond the time prescribed by the board for
34-14 resolving the complaint so that the board may take necessary action
34-15 on the complaint.
34-16 Sec. 5D. INFORMAL PROCEEDINGS. (a) The board by rule shall
34-17 adopt procedures governing:
34-18 (1) informal disposition of a contested case under
34-19 Section 13(e), Administrative Procedure and Texas Register Act
34-20 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
34-21 subsequent amendments; and
34-22 (2) informal proceedings held in compliance with
34-23 Section 18(c), Administrative Procedure and Texas Register Act
34-24 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
34-25 subsequent amendments.
34-26 (b) Rules adopted under this section must provide the
34-27 complainant and the licensee an opportunity to be heard and must
35-1 require the presence of a representative of the office of the
35-2 attorney general to advise the board or board's employees.
35-3 Sec. 5E. MONITORING OF LICENSEE. The board by rule shall
35-4 develop a system for monitoring licensees' compliance with the
35-5 requirements of this Act. Rules adopted under this section shall
35-6 include procedures for monitoring a licensee who is ordered by the
35-7 board to perform certain acts to ascertain that the licensee
35-8 performs the required acts and to identify and monitor licensees
35-9 who represent a risk to the public.
35-10 SECTION 3.04. Section 17, Occupational Therapy Title Act
35-11 (Article 8851, Vernon's Texas Civil Statutes), is amended by
35-12 amending Subsections (b) and (e) and adding Subsection (f) to read
35-13 as follows:
35-14 (b) Each applicant for licensure shall be examined by
35-15 written examination to test the applicant's <his or her> knowledge
35-16 of the basic and clinical sciences relating to occupational
35-17 therapy, occupational therapy techniques and methods, and such
35-18 other subjects as the board may require to determine the
35-19 applicant's fitness to practice. The board shall approve an
35-20 examination for occupational therapists and an examination for
35-21 occupational therapy assistants and establish standards for
35-22 acceptable performance. The board shall have the written portion
35-23 of an examination validated by an independent testing professional.
35-24 (e) In case of failure of any examination the applicant
35-25 shall have the privilege of a second examination on payment of the
35-26 prescribed fees. In case of a second failure, the applicant shall
35-27 be eligible for a third examination, but shall, in addition to the
36-1 requirements for previous examinations, have to wait a specific
36-2 period not to exceed one year before reexamination. Further
36-3 testing will be at the discretion of the board. If requested in
36-4 writing by a person who fails a licensing examination administered
36-5 under this Act, the board shall furnish the person with an analysis
36-6 of the person's performance on the examination.
36-7 (f) Not later than the 30th day after the date on which a
36-8 licensing examination is administered under this Act, the board
36-9 shall notify each examinee of the results of the examination.
36-10 However, if an examination is graded or reviewed by a national
36-11 testing service, the board shall notify examinees of the results of
36-12 the examination not later than the 14th day after the date on which
36-13 the board receives the results from the testing service. If the
36-14 notice of examination results graded or reviewed by a national
36-15 testing service will be delayed for longer than 90 days after the
36-16 examination date, the board shall notify the examinee of the reason
36-17 for the delay before the 90th day.
36-18 SECTION 3.05. Section 18, Occupational Therapy Title Act
36-19 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
36-20 as follows:
36-21 Sec. 18. PROVISIONAL LICENSES <LICENSE BY ENDORSEMENT>.
36-22 (a) On application, the board shall grant a provisional license
36-23 for the practice of occupational therapy. An applicant for a
36-24 provisional license under this section must:
36-25 (1) be licensed in good standing as an occupational
36-26 therapist in another state, the District of Columbia, or a
36-27 territory of the United States that has licensing requirements that
37-1 are substantially equivalent to the requirements of this Act;
37-2 (2) have passed a national or other examination
37-3 recognized by the board relating to the practice of occupational
37-4 therapy; and
37-5 (3) be sponsored by a person licensed by the board
37-6 under this Act with whom the provisional licensee may practice
37-7 under this section.
37-8 (b) An applicant for a provisional license may be excused
37-9 from the requirement of Subsection (a)(3) of this section if the
37-10 board determines that compliance with that subsection constitutes a
37-11 hardship to the applicant.
37-12 (c) A provisional license is valid until the date the board
37-13 approves or denies the provisional licensee's application for a
37-14 license. The board shall issue a license under this Act to the
37-15 holder of a provisional license under this section if:
37-16 (1) the provisional licensee passes the examination
37-17 required by Section 17 of this Act;
37-18 (2) the board verifies that the provisional licensee
37-19 has the academic and experience requirements for a license under
37-20 this Act; and
37-21 (3) the provisional licensee satisfies any other
37-22 license requirements under this Act.
37-23 (d) The board must complete the processing of a provisional
37-24 licensee's application for a license not later than the 180th day
37-25 after the date the provisional license is issued <A person who is
37-26 licensed or otherwise registered as an occupational therapist or as
37-27 an occupational therapy assistant by another state, the District of
38-1 Columbia, or a commonwealth or territory of the United States whose
38-2 requirements for licensing or registration were at the date of
38-3 licensing or registration substantially equal to the requirements
38-4 prescribed by this Act may receive an occupational therapist
38-5 license without examination, on submission of an application on a
38-6 form prescribed by the board and payment of an endorsement license
38-7 fee prescribed by the board.>
38-8 <(b) The board may also waive examination requirements for a
38-9 person who is certified by a national association approved by the
38-10 board and who is currently practicing in a state that does not
38-11 require a license or other form of registration>.
38-12 SECTION 3.06. Section 22, Occupational Therapy Title Act
38-13 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
38-14 as follows:
38-15 Sec. 22. Temporary License. <(a)> The board by rule may
38-16 provide for the issuance of a temporary license. Rules adopted
38-17 under this section shall include a time limit for a licensee to
38-18 remain on temporary status <may issue a temporary license without
38-19 examination to a person who is a recent graduate of an institution
38-20 of higher education in the United States if the person has applied
38-21 for a license, has applied to take the licensing examination, and
38-22 meets the requirements for license under Section 16 of this Act. A
38-23 person who holds a temporary license may practice only under the
38-24 supervision of a person who holds a regular license. A temporary
38-25 license expires on notification of the results of the licensing
38-26 examination. Issuance of a temporary license following failure of
38-27 part or all of the examination shall be according to rules adopted
39-1 by the board.>
39-2 <(b) The board shall issue a temporary license to a person
39-3 who has applied for endorsement of her/his license under the
39-4 provisions of Section 18 of this Act. On approval by the board of
39-5 the application and payment of fees, the board shall issue a
39-6 permanent license on the issuance of which the temporary license
39-7 issued under this provision shall expire>.
39-8 SECTION 3.07. Section 24, Occupational Therapy Title Act
39-9 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
39-10 as follows:
39-11 Sec. 24. Renewal of Unexpired License. (a) The board by
39-12 rule may adopt a system under which licenses expire on various
39-13 dates during the year. For the year in which the license
39-14 expiration date is changed, license fees shall be prorated on a
39-15 monthly basis so that each licensee shall pay only that portion of
39-16 the license fee that is allocable to the number of months during
39-17 which the license is valid. On renewal of the license on the new
39-18 expiration date, the total license renewal fee is payable <A
39-19 license issued under this Act, unless otherwise provided in this
39-20 Act, expires on the licensee's birthday, except for licenses which
39-21 would thereby expire before January 1, 1985, which licenses shall
39-22 not expire until the licensee's first birthday after that date>.
39-23 (b) A person may renew an unexpired license by paying to the
39-24 board before the expiration date of the license the required <A
39-25 renewal license shall be issued on submission of an application on
39-26 a form prescribed by the board and payment of a> renewal fee
39-27 <before the expiration date of the license>.
40-1 SECTION 3.08. Section 25, Occupational Therapy Title Act
40-2 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
40-3 as follows:
40-4 Sec. 25. Renewal of Expired License. (a) If a person's
40-5 license has been expired for <not more than> 90 days or less, the
40-6 person may renew the license by paying to the board the required
40-7 renewal fee plus a <late> fee in an amount that is one-half of the
40-8 examination fee for the license <fee>.
40-9 (b) If a person's license has been expired for more than 90
40-10 days but less than one year <two years>, the person may renew the
40-11 license by paying to the board all unpaid renewal fees and a <late>
40-12 fee that is equal to the examination fee for the license <fee>.
40-13 (c) If a person's license has been expired for one year <two
40-14 years> or more, the person may not renew the license. The person
40-15 may obtain a new license by <applying for a license,> submitting to
40-16 reexamination<,> and complying with the requirements and procedures
40-17 for obtaining an original license. However, the board may renew
40-18 without reexamination an expired license of a person who was
40-19 licensed in this state, moved to another state, and has been in
40-20 practice <legally practicing> in the other state for the two years
40-21 preceding <the> application <for renewal>. The person must <shall>
40-22 pay to the board a renewal fee that is equal to the examination fee
40-23 for the license <fee>.
40-24 (d) At least 30 days <Not later than the 30th day> before
40-25 the expiration <date> of a person's license, the board shall send
40-26 written notice of the impending license expiration to the person at
40-27 the person's last known address.
41-1 SECTION 3.09. Section 25A, Occupational Therapy Title Act
41-2 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
41-3 as follows:
41-4 Sec. 25A. Inactive Status List. The board by rule may
41-5 provide for a person who holds a license under this Act to be
41-6 placed on inactive status. Rules adopted under this section shall
41-7 include a time limit for a licensee to remain on inactive status
41-8 <(a) A person who holds a license under this Act and who is not
41-9 actively engaged in the practice of occupational therapy may apply
41-10 to the board in writing to be placed on an inactive status list
41-11 maintained by the board. The person must apply for inactive status
41-12 before the expiration of the person's license. A person on
41-13 inactive status is not required to pay the annual renewal fee.>
41-14 <(b) A person on inactive status may not perform any
41-15 activities regulated under this Act.>
41-16 <(c) If a person on inactive status desires to reenter
41-17 active practice, the person shall notify the board in writing. The
41-18 board shall remove the person from the inactive status list on
41-19 payment of an administrative fee and on compliance with educational
41-20 or other requirements set by the board by rule>.
41-21 SECTION 3.10. Section 30, Occupational Therapy Title Act
41-22 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
41-23 as follows:
41-24 Sec. 30. Denial, Suspension, or Revocation of a License;
41-25 Discipline of a Licensee. (a) If the State Office of
41-26 Administrative Hearings <board> proposes to deny a license, <or> to
41-27 suspend or revoke a license, or to take other disciplinary action
42-1 against a licensee the applicant or licensee is entitled to a
42-2 hearing before the board <or before a hearing officer appointed by
42-3 the board>. All final decisions shall be made by the board.
42-4 (b) After a final decision by the board <hearing>, a license
42-5 may be denied, suspended, or revoked or a licensee otherwise
42-6 disciplined if the applicant or licensee has:
42-7 (1) used drugs or intoxicating liquors to an extent
42-8 that affects his or her professional competence;
42-9 (2) been convicted of a crime, other than minor
42-10 offenses defined as "minor misdemeanors," "violations," or
42-11 "offenses," in any court if the acts for which he or she was
42-12 convicted are found by the board to have a direct bearing on
42-13 whether he or she should be entrusted to service the public in the
42-14 capacity of an occupational therapist or occupational therapy
42-15 assistant;
42-16 (3) obtained or attempted to obtain a license by fraud
42-17 or deception;
42-18 (4) been grossly negligent in the practice of
42-19 occupational therapy or in acting as an occupational therapy
42-20 assistant;
42-21 (5) been adjudicated mentally incompetent by a court
42-22 of competent jurisdiction;
42-23 (6) practiced occupational therapy in a manner
42-24 detrimental to the public health and welfare;
42-25 (7) advertised in a manner that in any way tends to
42-26 deceive or defraud the public; or
42-27 (8) had his or her license to practice occupational
43-1 therapy revoked or suspended or had other disciplinary action taken
43-2 against him or her or had his or her application for a license
43-3 refused, revoked, or suspended by the proper licensing authority of
43-4 another state, territory, or nation.
43-5 SECTION 3.11. Section 31, Occupational Therapy Title Act
43-6 (Article 8851, Vernon's Texas Civil Statutes), is amended by
43-7 amending Subsections (b) and (c) and adding Subsection (d) to read
43-8 as follows:
43-9 (b) The board may deny or refuse to renew a license, may
43-10 suspend or revoke a license, may reprimand a licensee, or may
43-11 impose probationary conditions after a hearing by the State Office
43-12 of Administrative Hearings as provided by Section 30 of this Act.
43-13 If a license suspension is probated, the board may require the
43-14 licensee to:
43-15 (1) report regularly to the board on matters that are
43-16 the basis of the probation;
43-17 (2) limit practice to the areas prescribed by the
43-18 board; or
43-19 (3) continue or review continuing professional
43-20 education until the licensee attains a degree of skill satisfactory
43-21 to the board in those areas that are the basis of the probation.
43-22 (c) The schedule of sanctions adopted by the board by rule
43-23 shall be used by the State Office of Administrative Hearings for
43-24 any sanction imposed as the result of a hearing conducted by that
43-25 office <in the manner provided by the rules adopted by the board>.
43-26 (d) <(c)> On application, the board may reissue a license to
43-27 a person whose license has been denied or who has been disciplined
44-1 by the board, but the application may not be made before the 180th
44-2 day after the date the order of denial or discipline became final,
44-3 and the application must be made in the manner and form required by
44-4 the board.
44-5 SECTION 3.12. The Occupational Therapy Title Act (Article
44-6 8851, Vernon's Texas Civil Statutes) is amended by adding Section
44-7 31A to read as follows:
44-8 Sec. 31A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
44-9 may not adopt rules restricting competitive bidding or advertising
44-10 by a person regulated by the board except to prohibit false,
44-11 misleading, or deceptive practices by the person.
44-12 (b) The board may not include in its rules to prohibit
44-13 false, misleading, or deceptive practices by a person regulated by
44-14 the board a rule that:
44-15 (1) restricts the use of any medium for advertising;
44-16 (2) restricts the person's personal appearance or use
44-17 of the person's voice in an advertisement;
44-18 (3) relates to the size or duration of an
44-19 advertisement by the person; or
44-20 (4) restricts the person's advertisement under a trade
44-21 name.
44-22 ARTICLE 4. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
44-23 SECTION 4.01. (a) As soon as possible after the effective
44-24 date of this Act, the governor shall appoint the initial members of
44-25 the State Board of Physical Therapy and Occupational Therapy
44-26 Examiners in accordance with Article 4512e-1, Revised Statutes, as
44-27 added by this Act. In making the initial appointments, the
45-1 governor shall designate members to serve terms as follows:
45-2 (1) one member licensed as a physical therapist, one
45-3 member licensed as an occupational therapist, and one public member
45-4 serve for terms expiring February 1, 1995;
45-5 (2) one member licensed as a physical therapist, one
45-6 member licensed as an occupational therapist, and one public member
45-7 serve for terms expiring February 1, 1997; and
45-8 (3) one member licensed as a physical therapist, one
45-9 member licensed as an occupational therapist, and one public member
45-10 serve for terms expiring February 1, 1999.
45-11 (b) The State Board of Physical Therapy and Occupational
45-12 Therapy Examiners may not take any action and is not created until
45-13 the day after the date that the last appointee to the initial board
45-14 takes office. On the date of its creation, the board assumes its
45-15 functions and:
45-16 (1) the Texas Board of Physical Therapy Examiners and
45-17 the Texas Advisory Board of Occupational Therapy are abolished;
45-18 (2) the obligations, rights, contracts, records and
45-19 other property, and personnel of, and unspent money appropriated to
45-20 or for, the abolished boards are transferred to the State Board of
45-21 Physical Therapy and Occupational Therapy Examiners;
45-22 (3) the rules of the abolished boards are continued in
45-23 effect as rules of the State Board of Physical Therapy and
45-24 Occupational Therapy Examiners until superseded by rule of the new
45-25 board;
45-26 (4) the licenses in effect that were issued by the
45-27 abolished boards are continued in effect as licenses of the State
46-1 Board of Physical Therapy and Occupational Therapy Examiners;
46-2 (5) a complaint or investigation pending before an
46-3 abolished board is transferred without change in status to the
46-4 State Board of Physical Therapy and Occupational Therapy Examiners;
46-5 (6) a contested case pending before an abolished board
46-6 is transferred to the State Office of Administrative Hearings, and
46-7 actions taken in the proceeding are treated as if taken by the
46-8 State Office of Administrative Hearings; and
46-9 (7) any reference in a law to the abolished boards
46-10 means the State Board of Physical Therapy and Occupational Therapy
46-11 Examiners.
46-12 (c) Regardless of the changes in law made by this Act, until
46-13 the date that the Texas Board of Physical Therapy Examiners and the
46-14 Texas Advisory Board of Occupational Therapy are abolished as
46-15 provided by this section, the boards continue in existence and
46-16 shall administer their functions under the law that governed the
46-17 boards before the effective date of this Act, and the prior law is
46-18 continued in effect for that purpose.
46-19 (d) The State Board of Physical Therapy and Occupational
46-20 Therapy Examiners shall adopt rules under this Act not later than
46-21 December 1, 1993.
46-22 SECTION 4.02. The following laws are repealed:
46-23 (1) Sections 2, 4, and 5, Chapter 836, Acts of the
46-24 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
46-25 Texas Civil Statutes); and
46-26 (2) Sections 2(7) and (8), 3, 4, 6-14, and 21,
46-27 Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
47-1 Statutes).
47-2 SECTION 4.03. This Act takes effect September 1, 1993.
47-3 SECTION 4.04. The importance of this legislation and the
47-4 crowded condition of the calendars in both houses create an
47-5 emergency and an imperative public necessity that the
47-6 constitutional rule requiring bills to be read on three several
47-7 days in each house be suspended, and this rule is hereby suspended.