S.B. No. 690
AN ACT
1-1 relating to the regulation of the practice of physical therapy and
1-2 occupational therapy, including the creation of the Executive
1-3 Council of Physical Therapy and Occupational Therapy Examiners and
1-4 the continuation and modification of the Texas Board of Physical
1-5 Therapy Examiners and The Texas Advisory Board of Occupational
1-6 Therapy.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1.
1-9 EXECUTIVE COUNCIL OF PHYSICAL THERAPY
1-10 AND OCCUPATIONAL THERAPY EXAMINERS
1-11 SECTION 1.01. Chapter 6D, Title 71, Revised Statutes, is
1-12 amended by adding Article 4512e-1 to read as follows:
1-13 Art. 4512e-1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-14 OCCUPATIONAL THERAPY EXAMINERS
1-15 Sec. 1. DEFINITIONS. In this article:
1-16 (1) "Executive council" means the Executive Council of
1-17 Physical Therapy and Occupational Therapy Examiners.
1-18 (2) "Occupational therapy board" means the Texas Board
1-19 of Occupational Therapy Examiners.
1-20 (3) "Physical therapy board" means the Texas Board of
1-21 Physical Therapy Examiners.
1-22 Sec. 2. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-23 OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of
1-24 Physical Therapy and Occupational Therapy Examiners consists of:
2-1 (1) an occupational therapist member of the
2-2 occupational therapy board;
2-3 (2) a public member of the occupational therapy board;
2-4 (3) a physical therapist member of the physical
2-5 therapy board;
2-6 (4) a public member of the physical therapy board; and
2-7 (5) a public member appointed by the governor.
2-8 (b) The members of the executive council who serve also as
2-9 members of the occupational therapy board or the physical therapy
2-10 board are appointed to the executive council by the board on which
2-11 they serve. The occupational therapy board and the physical
2-12 therapy board may also designate an alternate to attend any
2-13 executive council meeting the appointed member cannot attend. The
2-14 alternate has the same powers and duties and is subject to the same
2-15 qualifications as the appointed member.
2-16 (c) The member appointed by the governor is the presiding
2-17 officer of the executive council.
2-18 (d) Appointments to the executive council shall be made
2-19 without regard to the race, color, disability, sex, religion, age,
2-20 or national origin of the appointees.
2-21 Sec. 3. MEETINGS; COMPENSATION; QUORUM. (a) The executive
2-22 council shall hold at least two regular meetings each year.
2-23 Additional meetings may be held on the call of the presiding
2-24 officer or at the written request of three members of the executive
2-25 council.
2-26 (b) The presiding officer of the executive council is
2-27 entitled to a per diem as set by the General Appropriations Act for
3-1 each day that the presiding officer engages in the business of the
3-2 executive council. Other members of the executive council may not
3-3 receive compensation for service on the council. A member may not
3-4 receive any reimbursement for travel expenses, including expenses
3-5 for meals and lodging, other than transportation expenses as
3-6 provided by the General Appropriations Act.
3-7 (c) A quorum of the executive council exists if both
3-8 therapist members and one public member are present.
3-9 Sec. 4. TERMS. (a) A member of the executive council is
3-10 appointed for a two-year term, with a member's term expiring on
3-11 February 1 of each odd-numbered year.
3-12 (b) A member appointed to fill a vacancy shall hold office
3-13 for the remainder of that term.
3-14 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person is not
3-15 eligible for appointment by the governor as a public member of the
3-16 executive council if the person or the person's spouse:
3-17 (1) is registered, certified, or licensed by an
3-18 occupational regulatory agency in the field of health care;
3-19 (2) is employed by or participates in the management
3-20 of a business entity or other organization regulated by the
3-21 executive council, the occupational therapy board, or the physical
3-22 therapy board or receiving funds from the executive council, the
3-23 occupational therapy board, or the physical therapy board;
3-24 (3) owns or controls, directly or indirectly, more
3-25 than a 10 percent interest in a business entity or other
3-26 organization regulated by the executive council, the occupational
3-27 therapy board, or the physical therapy board or receiving funds
4-1 from the executive council, the occupational therapy board, or the
4-2 physical therapy board; or
4-3 (4) uses or receives a substantial amount of tangible
4-4 goods, services, or funds from the executive council, the
4-5 occupational therapy board, or the physical therapy board, other
4-6 than compensation or reimbursement authorized by law for executive
4-7 council, occupational therapy board, or physical therapy board
4-8 membership, attendance, or expenses.
4-9 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
4-10 employee, or paid consultant of a Texas trade association in the
4-11 field of health care may not be a member or employee of the
4-12 executive council who is exempt from the state's position
4-13 classification plan or is compensated at or above the amount
4-14 prescribed by the General Appropriations Act for step 1, salary
4-15 group 17, of the position classification salary schedule.
4-16 (b) A person who is the spouse of an officer, manager, or
4-17 paid consultant of a Texas trade association in the field of health
4-18 care may not be a member of the executive council and may not be an
4-19 employee of the executive council who is exempt from the state's
4-20 position classification plan or is compensated at or above the
4-21 amount prescribed by the General Appropriations Act for step 1,
4-22 salary group 17, of the position classification salary schedule.
4-23 (c) For the purposes of this section, a Texas trade
4-24 association is a nonprofit, cooperative, and voluntarily joined
4-25 association of business or professional competitors in this state
4-26 designed to assist its members and its industry or profession in
4-27 dealing with mutual business or professional problems and in
5-1 promoting their common interest.
5-2 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve
5-3 as a member of the executive council or act as the general counsel
5-4 to the executive council if the person is required to register as a
5-5 lobbyist under Chapter 305, Government Code, and its subsequent
5-6 amendments, because of the person's activities for compensation on
5-7 behalf of a profession related to the operation of the executive
5-8 council, the occupational therapy board, or the physical therapy
5-9 board.
5-10 Sec. 8. GROUNDS FOR REMOVAL FROM EXECUTIVE COUNCIL. (a) It
5-11 is a ground for removal from the executive council if a member:
5-12 (1) does not have at the time of appointment the
5-13 qualifications required by Section 2 of this article;
5-14 (2) does not maintain during service on the executive
5-15 council the qualifications required by Section 2 of this article;
5-16 (3) violates a prohibition established by Section 6 or
5-17 7 of this article;
5-18 (4) cannot discharge the member's duties for a
5-19 substantial part of the term for which the member is appointed
5-20 because of illness or disability; or
5-21 (5) is absent from more than half of the regularly
5-22 scheduled executive council meetings that the member is eligible to
5-23 attend during a calendar year unless the absence is excused by
5-24 majority vote of the executive council.
5-25 (b) The validity of an action of the executive council is
5-26 not affected by the fact that it is taken when a ground for removal
5-27 of an executive council member exists.
6-1 (c) If the director has knowledge that a potential ground
6-2 for removal exists, the director shall notify the presiding officer
6-3 of the executive council of the ground. The presiding officer
6-4 shall then notify the authority that appointed the member that a
6-5 potential ground for removal exists.
6-6 Sec. 9. STAFF. (a) The executive council shall employ a
6-7 director and administrative and clerical employees as necessary to
6-8 carry out the functions of the executive council, the occupational
6-9 therapy board, and the physical therapy board.
6-10 (b) The executive council shall develop and implement
6-11 policies that clearly define the respective responsibilities of the
6-12 executive council and the staff of the executive council.
6-13 (c) The director shall employ a coordinator of occupational
6-14 therapy programs and a coordinator of physical therapy programs to
6-15 carry out the respective boards' functions. The coordinators may
6-16 request the executive council to assign additional employees to
6-17 carry out the coordinators' duties.
6-18 Sec. 10. REGULATORY STATUTES ADMINISTERED. Except as
6-19 otherwise provided by this article, the executive council shall
6-20 administer and enforce:
6-21 (1) the physical therapy law, Chapter 836, Acts of the
6-22 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
6-23 Texas Civil Statutes), and its subsequent amendments; and
6-24 (2) the Occupational Therapy Practice Act (Article
6-25 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
6-26 Sec. 11. ADMINISTRATIVE FUNCTIONS OF EXECUTIVE COUNCIL.
6-27 (a) The executive council shall perform the following functions
7-1 for the administration of each regulatory statute administered:
7-2 (1) data processing functions; and
7-3 (2) the administration of records relating to payroll,
7-4 personnel files, vacation and other leave records, employee
7-5 insurance and other benefits records, and employee applications.
7-6 (b) Administrative functions relating to the issuance and
7-7 renewal of licenses, including administration of written
7-8 examinations and collection of fees, are the responsibility of the
7-9 executive council. The executive council's responsibilities
7-10 include the ministerial functions of preparing and delivering
7-11 licenses, obtaining material and information in connection with the
7-12 renewal of a license, and receiving and forwarding complaints to
7-13 the appropriate board. The executive council may not exercise any
7-14 discretionary authority with respect to the original review of an
7-15 applicant's qualifications for licensure or the subsequent review
7-16 of the person's qualifications. The administration of practical
7-17 examinations and other examinations requiring skill or expertise in
7-18 a particular area on the part of the person administering the
7-19 examination is the responsibility of the appropriate board. The
7-20 selection of standardized national or generally accepted
7-21 examinations for a profession or the design of individual
7-22 examinations is the responsibility of the appropriate board.
7-23 (c) Rules concerning the qualifications, licensing,
7-24 regulation, or practice of a profession shall be adopted by the
7-25 appropriate board except as otherwise provided.
7-26 (d) The executive council shall:
7-27 (1) develop and prepare a budget for the executive
8-1 council, the occupational therapy board, and the physical therapy
8-2 board; and
8-3 (2) manage all physical property used by the executive
8-4 council, the occupational therapy board, or the physical therapy
8-5 board.
8-6 (e) The executive council shall set all fees for a license
8-7 issued or service performed by a board represented on the executive
8-8 council.
8-9 Sec. 12. REVIEW FUNCTIONS OF EXECUTIVE COUNCIL. (a) The
8-10 executive council shall examine and evaluate the operations of the
8-11 boards represented on the executive council. The examination shall
8-12 be conducted on an ongoing basis.
8-13 (b) The executive council may structure the examination in a
8-14 manner that the executive council considers appropriate to produce
8-15 an efficient and thorough review.
8-16 Sec. 13. REPORT AND RECOMMENDATIONS. The executive council
8-17 shall prepare a report of its activities and shall file the report
8-18 with the presiding officer of each house of the legislature, the
8-19 governor, and the Legislative Budget Board. The executive council
8-20 shall file the report before January 1 of each odd-numbered year.
8-21 Sec. 14. COOPERATION. Each board represented on the
8-22 executive council shall cooperate with the examination conducted by
8-23 the executive council under this article.
8-24 Sec. 15. REVIEW OF RULES. (a) Before submitting a rule for
8-25 publication in the Texas Register, each board represented on the
8-26 executive council shall forward the proposed rule to the executive
8-27 council for review.
9-1 (b) The executive council may review the rule and shall
9-2 approve the rule for submission for publication unless the rule
9-3 exceeds the rule-making authority of the board.
9-4 (c) If the executive council fails to approve a rule, it
9-5 shall return the rule to the board with an explanation of the
9-6 reasons for the denial.
9-7 Sec. 16. EXPENDITURES; AUDIT. (a) The executive council
9-8 may authorize, from funds appropriated to it, all necessary
9-9 disbursements to carry out:
9-10 (1) this article;
9-11 (2) the physical therapy law, Chapter 836, Acts of the
9-12 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
9-13 Texas Civil Statutes), and its subsequent amendments; and
9-14 (3) the Occupational Therapy Practice Act (Article
9-15 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
9-16 (b) The financial transactions of the executive council are
9-17 subject to audit by the state auditor in accordance with Chapter
9-18 321, Government Code, and its subsequent amendments.
9-19 Sec. 17. ANNUAL FINANCIAL REPORT. The executive council
9-20 shall file annually with the governor and the presiding officer of
9-21 each house of the legislature a complete and detailed written
9-22 report accounting for all funds received and disbursed by the
9-23 executive council during the preceding fiscal year. The annual
9-24 report must be in the form and reported in the time provided by the
9-25 General Appropriations Act.
9-26 Sec. 18. PERSONNEL POLICIES. (a) The director or the
9-27 director's designee shall develop an intraagency career ladder
10-1 program. The program shall require intraagency posting of all
10-2 non-entry-level positions concurrently with any public posting.
10-3 (b) The director or the director's designee shall develop a
10-4 system of annual performance evaluations based on measurable job
10-5 tasks. All merit pay for executive council employees must be based
10-6 on the system established under this subsection.
10-7 Sec. 19. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
10-8 director or the director's designee shall prepare and maintain a
10-9 written policy statement to ensure implementation of a program of
10-10 equal employment opportunity under which all personnel transactions
10-11 are made without regard to race, color, disability, sex, religion,
10-12 age, or national origin. The policy statement must include:
10-13 (1) personnel policies, including policies relating to
10-14 recruitment, evaluation, selection, application, training, and
10-15 promotion of personnel that are in compliance with the Commission
10-16 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
10-17 and its subsequent amendments;
10-18 (2) a comprehensive analysis of the executive council
10-19 work force that meets federal and state guidelines;
10-20 (3) procedures by which a determination can be made of
10-21 significant underutilization in the executive council work force of
10-22 all persons for whom federal or state guidelines encourage a more
10-23 equitable balance; and
10-24 (4) reasonable methods to appropriately address those
10-25 areas of underutilization.
10-26 (b) A policy statement prepared under Subsection (a) of this
10-27 section must cover an annual period, be updated annually, be
11-1 reviewed by the Commission on Human Rights for compliance with
11-2 Subsection (a)(1) of this section, and be filed with the governor's
11-3 office.
11-4 (c) The governor's office shall deliver a biennial report to
11-5 the legislature based on the information received under Subsection
11-6 (b) of this section. The report may be made separately or as part
11-7 of other biennial reports to the legislature.
11-8 Sec. 20. PUBLIC INTEREST INFORMATION. (a) The executive
11-9 council shall prepare information of public interest describing the
11-10 functions of the executive council and the procedures by which
11-11 complaints are filed with and resolved by the executive council,
11-12 the occupational therapy board, or the physical therapy board. The
11-13 executive council shall make the information available to the
11-14 public and appropriate state agencies.
11-15 (b) The executive council by rule shall establish methods by
11-16 which consumers and service recipients are notified of the name,
11-17 mailing address, and telephone number of the executive council for
11-18 the purpose of directing complaints to the executive council. The
11-19 executive council may provide for that notification:
11-20 (1) on each registration form, application, or written
11-21 contract for services of an individual or entity regulated by the
11-22 executive council, the occupational therapy board, or the physical
11-23 therapy board;
11-24 (2) on a sign prominently displayed in the place of
11-25 business of each individual or entity regulated by the executive
11-26 council, the occupational therapy board, or the physical therapy
11-27 board; or
12-1 (3) in a bill for service provided by an individual or
12-2 entity regulated by the executive council, the occupational therapy
12-3 board, or the physical therapy board.
12-4 (c) The executive council shall list along with its regular
12-5 telephone number the toll-free telephone number that may be called
12-6 to present a complaint about a health professional if the toll-free
12-7 number is established under other state law.
12-8 Sec. 21. PUBLIC PARTICIPATION IN EXECUTIVE COUNCIL HEARINGS.
12-9 The executive council shall develop and implement policies that
12-10 provide the public with a reasonable opportunity to appear before
12-11 the executive council and to speak on any issue under the
12-12 jurisdiction of the executive council.
12-13 Sec. 22. PROGRAM ACCESSIBILITY. The executive council shall
12-14 prepare and maintain a written plan that describes how a person who
12-15 does not speak English can be provided reasonable access to the
12-16 executive council's programs. The executive council shall also
12-17 comply with federal and state laws for program and facility
12-18 accessibility.
12-19 Sec. 23. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each
12-20 executive council member shall comply with the executive council
12-21 member training requirements established by any other state agency
12-22 that is given authority to establish the requirements for the
12-23 executive council.
12-24 Sec. 24. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
12-25 executive council is subject to:
12-26 (1) the open meetings law, Chapter 271, Acts of the
12-27 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
13-1 Texas Civil Statutes), and its subsequent amendments; and
13-2 (2) the Administrative Procedure and Texas Register
13-3 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
13-4 subsequent amendments.
13-5 Sec. 25. SUNSET PROVISION. The Executive Council of
13-6 Physical Therapy and Occupational Therapy Examiners is subject to
13-7 Chapter 325, Government Code (Texas Sunset Act), and its subsequent
13-8 amendments. Unless continued in existence as provided by that
13-9 chapter, the executive council is abolished and the following laws
13-10 expire September 1, 2005:
13-11 (1) this article;
13-12 (2) the physical therapy law, Chapter 836, Acts of the
13-13 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
13-14 Texas Civil Statutes), and its subsequent amendments; and
13-15 (3) the Occupational Therapy Practice Act (Article
13-16 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
13-17 ARTICLE 2. THE PRACTICE OF PHYSICAL THERAPY
13-18 SECTION 2.01. Section 1, Chapter 836, Acts of the 62nd
13-19 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
13-20 Civil Statutes), is amended to read as follows:
13-21 Sec. 1. Definitions. In this Act:
13-22 (1) "Physical therapy" means a form of health care
13-23 that prevents, identifies, corrects, and alleviates acute or
13-24 prolonged movement dysfunction or pain of anatomic or physiologic
13-25 origin. Physical therapy includes the testing and measurement of
13-26 the function of the musculoskeletal, neurological, pulmonary, and
13-27 cardiovascular systems and rehabilitative treatment concerned with
14-1 the restoration of function and prevention of disability caused by
14-2 illness, injury, or birth defect. Physical therapy includes
14-3 treatment, consultative, educational, and advisory services for the
14-4 purpose of reducing the incidence and severity of disability and
14-5 pain to enable, train, or retrain an individual to perform the
14-6 independent skills and activities of daily living <the examination,
14-7 treatment, or instruction of human beings to detect, assess,
14-8 prevent, correct, and alleviate physical disability and pain from
14-9 injury, disease, disorders, or physical deformities and includes
14-10 the administration and evaluation of tests and measurements of
14-11 bodily functions and structures in aid of diagnosis or treatment;
14-12 the planning, administration, evaluation, and modification of
14-13 treatment and instruction, including the use of physical measures,
14-14 activities, and devices for preventive and therapeutic purposes on
14-15 the basis of approved test findings and the provision of
14-16 consultative, educational, and advisory services for the purpose of
14-17 reducing the incidence and severity of physical disability and
14-18 pain>. Physical therapy also includes <shall also include> the
14-19 delegation of selective forms of treatment to supportive personnel
14-20 with retention by a physical therapist <assumption> of the
14-21 responsibilities for the care of the patient and continuing
14-22 direction and supervision of the supportive personnel. The use of
14-23 roentgen rays and radium for diagnostic and therapeutic purposes,
14-24 and the use of electricity for surgical purposes, including
14-25 cauterization, are not authorized under the term "physical therapy"
14-26 as used herein, and a license issued hereunder shall not authorize
14-27 the diagnosis of diseases or the practice of medicine as defined by
15-1 law.
15-2 (2) "Physical therapist" <or "physiotherapist"> means
15-3 a person who practices physical therapy and is licensed by the
15-4 Texas Board of Physical Therapy Examiners. "Hydrotherapist,"
15-5 "physiotherapist," <"massage therapist,"> "mechano-therapist,"
15-6 "functional therapist," "physical therapy practitioner," "physical
15-7 therapist specialist," "physical therapy specialist,"
15-8 "physiotherapy practitioner," "kinesiotherapist," "physical
15-9 rehabilitation specialist," <"physical therapy technician,"> and
15-10 "myofunctional therapist" are equivalent terms; any derivation of
15-11 the above terms or any reference to any one of them in this Act
15-12 includes the others.
15-13 (3) "Physical therapist assistant" means a person
15-14 licensed by the Texas Board of Physical Therapy Examiners who
15-15 assists and is supervised by <works under the supervision of> a
15-16 licensed physical therapist <and assists a physical therapist> in
15-17 the practice of physical therapy and whose activities require an
15-18 understanding of physical therapy <but do not require a
15-19 professional education equivalent for licensing as a physical
15-20 therapist>.
15-21 (4) "Physical therapy aide" or "physical therapy
15-22 technician" means a person who aids in the practice of physical
15-23 therapy under the on-site supervision of a physical therapist or a
15-24 physical therapist assistant and whose activities require
15-25 on-the-job training <and on-site supervision by the physical
15-26 therapist or a physical therapist assistant>.
15-27 (5) "Board" means the Texas Board of Physical Therapy
16-1 Examiners.
16-2 (6) "Discipline" means the revocation or suspension of
16-3 a license, the placing on probation of a licensee, <whose license
16-4 has been suspended, or> the reprimand of a licensee, the levying of
16-5 fines, or other actions imposed on the licensee or other person for
16-6 a violation of <in accordance with> this Act and rules adopted by
16-7 the board.
16-8 (7) "Practice of physical therapy" means:
16-9 (A) performing, offering to perform, or
16-10 attempting to perform health care that prevents, identifies,
16-11 corrects, and alleviates acute or prolonged movement dysfunction or
16-12 pain of anatomic or physiologic origin, the proper application of
16-13 which requires education, training, and experience in physical
16-14 therapy; or
16-15 (B) publicly professing to be or holding oneself
16-16 out to be a physical therapist or as providing physical therapy.
16-17 (8) "Physical therapy facility" is a physical site,
16-18 such as a building, office, or portable facility, where the
16-19 practice of physical therapy takes place. A physical therapy
16-20 facility must be under the direction of a physical therapist
16-21 licensed by the board and meet any additional requirements as may
16-22 be established by the board.
16-23 (9) "Accredited program" means a physical therapy
16-24 educational program that is currently accredited by the Commission
16-25 on Accreditation in Physical Therapy Education and is associated
16-26 with an institution of higher education.
16-27 (10) "Person" means an individual, a partnership, an
17-1 association of individuals, or a corporation.
17-2 SECTION 2.02. Section 2, Chapter 836, Acts of the 62nd
17-3 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
17-4 Civil Statutes), is amended to read as follows:
17-5 Sec. 2. Creation of Board. (a) There is created a Texas
17-6 Board of Physical Therapy Examiners. The board's purpose is to
17-7 regulate the practice of physical therapy in this state to
17-8 safeguard the health and welfare of the public. The board shall
17-9 consist of nine members appointed by the governor with the advice
17-10 and consent of the senate for staggered terms of six years<, with
17-11 three members' terms expiring on January 31 of each odd-numbered
17-12 year>. Six members must be licensed physical therapists and three
17-13 members must be members of the general public. Two of the physical
17-14 therapist members' terms and one of the public members' terms end
17-15 on January 31 of each odd-numbered year. <A person is not eligible
17-16 for appointment as a public member if the person or the person's
17-17 spouse:>
17-18 <(1) is licensed by an occupational regulatory agency
17-19 in the field of health care;>
17-20 <(2) is employed by or participates in the management
17-21 of a business entity or other organization that provides
17-22 health-care services or that sells, manufacturers, or distributes
17-23 health-care supplies or equipment; or>
17-24 <(3) owns, controls, or has, directly or indirectly,
17-25 any interest in a business entity or other organization that
17-26 provides health-care services or that sells, manufactures, or
17-27 distributes health-care supplies or equipment.>
18-1 (b) A vacancy on the board shall be filled by appointment by
18-2 the governor with the advice and consent of the senate for the
18-3 remainder of the term.
18-4 (c) Appointments to the board shall be made without regard
18-5 to the race, creed, sex, religion, disability, age, or national
18-6 origin of the appointees.
18-7 (d) <The board may appoint an executive director at an
18-8 annual salary as determined by legislative appropriation.>
18-9 <(e) The executive director shall administer this Act and
18-10 carry out the instructions of the board, including the employment
18-11 of investigators and other staff as required to implement the
18-12 purpose of this Act. The executive director or his designee shall
18-13 develop an intraagency career ladder program, one part of which
18-14 shall be the intraagency posting of all nonentry level positions
18-15 for at least 10 days before any public posting. The executive
18-16 director or his designee shall develop a system of annual
18-17 performance evaluations based on measurable job tasks. All merit
18-18 pay authorized by the executive director must be based on the
18-19 system established under this subsection.>
18-20 <(f)> A member of the board is not liable to civil action
18-21 for any act performed in good faith in the execution of the
18-22 member's <his> duties in this capacity.
18-23 <(g) The Texas Board of Physical Therapy Examiners is
18-24 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
18-25 continued in existence as provided by that chapter, the board is
18-26 abolished September 1, 1993.>
18-27 <(h) A member or employee of the board may not be an
19-1 officer, employee, or paid consultant of a trade association in the
19-2 health-care industry. A member or employee of the board may not be
19-3 related within the second degree by affinity or consanguinity, as
19-4 determined under Article 5996h, Revised Statutes, to a person who
19-5 is an officer, employee, or paid consultant of a trade association
19-6 in the regulated industry. A person who is required to register as
19-7 a lobbyist under Chapter 305, Government Code, may not serve as a
19-8 member of the board or act as the general counsel to the board.>
19-9 <(i) It is a ground for removal from the board if a member:>
19-10 <(1) does not have at the time of appointment the
19-11 qualifications required by this section for appointment to the
19-12 board;>
19-13 <(2) does not maintain during the service on the board
19-14 the qualifications required by this section for appointment to the
19-15 board;>
19-16 <(3) violates a prohibition prescribed by Subsection
19-17 (h) of this section; or>
19-18 <(4) fails to attend at least half of the regularly
19-19 scheduled board meetings held in a calendar year, excluding
19-20 meetings held while the person was not a board member.>
19-21 <(j) The validity of an action of the board is not affected
19-22 by the fact that it was taken when a ground for removal of a member
19-23 of the board existed.>
19-24 SECTION 2.03. Section 3, Chapter 836, Acts of the 62nd
19-25 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
19-26 Civil Statutes), is amended to read as follows:
19-27 Sec. 3. Examinations <Powers and Duties of Board>. (a) The
20-1 board shall examine applicants for licenses at least once each year
20-2 at such reasonable places and times as shall be designated by the
20-3 board in its discretion.
20-4 (b) <The board may employ additional employees to aid in
20-5 administering examinations.>
20-6 <(c)> The examination shall cover those subjects generally
20-7 taught by accredited programs and may include the content areas of
20-8 clinical decision-making and evaluation, treatment program planning
20-9 and implementation, administration, education, consultation, and
20-10 research in physical therapy <embrace the following subjects:
20-11 anatomy; pathology; physiology; psychology; physics;
20-12 electrotherapy; radiation therapy; hydrotherapy; massage therapy;
20-13 exercises; physical therapy as applied to medicine; neurology;
20-14 orthopedics; psychiatry; and procedures in the practice of physical
20-15 therapy>.
20-16 (c) Not later than the 30th day <(d) The board shall revoke
20-17 or suspend a license, place on probation a licensee whose license
20-18 has been suspended, or reprimand a licensee for a violation of this
20-19 Act or a rule adopted by the board.>
20-20 <(e) The board may adopt rules consistent with this Act to
20-21 carry out its duties in administering this Act.>
20-22 <(f) Within 30 days> after the date a licensing examination
20-23 is administered under this Act, the board shall notify each
20-24 examinee of the results of the examination. However, if an
20-25 examination is graded or reviewed by a national testing service,
20-26 the board shall notify each examinee of the results of the
20-27 examination not later than the 14th day <within two weeks> after
21-1 the date the board receives the results from the testing service.
21-2 If the notice of the examination results graded or reviewed by a
21-3 national testing service will be delayed for more than 90 days
21-4 after the examination date, the board shall notify each examinee of
21-5 the reason for the delay before the 90th day.
21-6 (d) The board by rule may establish procedures for the
21-7 administration of the examination, including the conditions under
21-8 which and the number of times an applicant may retake an
21-9 examination.
21-10 (e) The board shall have the written portion of the
21-11 examination, if any, validated by an independent testing entity.
21-12 (f) If requested in writing by a person who fails a
21-13 licensing examination administered under this Act, the board shall
21-14 furnish the person with an analysis of the person's performance on
21-15 the examination.
21-16 <(g) The board shall maintain an information file about each
21-17 complaint filed with the board relating to a licensee. If a
21-18 written complaint is filed with the board relating to a licensee,
21-19 the board, at least as frequently as quarterly and until final
21-20 disposition of the complaint, shall notify the parties to the
21-21 complaint of the status of the complaint unless the notice would
21-22 jeopardize an undercover investigation.>
21-23 <(h) The board shall prepare information of consumer
21-24 interest describing the regulatory functions of the board and the
21-25 board's procedures by which consumer complaints are filed with and
21-26 resolved by the board. The board shall also prepare information
21-27 relating to and reporting any previous disciplinary action by the
22-1 board against a physical therapist licensed in this state, the date
22-2 of the action, and the current status of the action. The board
22-3 shall make the information available to the general public and
22-4 appropriate state agencies. The board shall establish a toll-free
22-5 telephone number to make the information immediately available to
22-6 any caller during regular business hours.>
22-7 <(i) Each written contract for services in this state of a
22-8 licensed physical therapist shall contain the name, mailing
22-9 address, and telephone number of the board.>
22-10 <(j) The board is subject to the open meetings law, Chapter
22-11 271, Acts of the 60th Legislature, Regular Session, 1967, as
22-12 amended (Article 6252-17, Vernon's Texas Civil Statutes), and the
22-13 Administrative Procedure and Texas Register Act, as amended
22-14 (Article 6252-13a, Vernon's Texas Civil Statutes).>
22-15 <(k) The board may recognize, prepare, or implement
22-16 continuing education programs for licensees. Participation in the
22-17 programs is mandatory. The board shall adopt rules relating to its
22-18 continuing education requirements, including rules relating to the
22-19 approval of continuing education courses and prescribing the number
22-20 of continuing education hours each licensee must complete to retain
22-21 eligibility for renewal of the license.>
22-22 <(l) If the appropriate standing committees of both houses
22-23 of the legislature acting under Subsection (g), Section 5,
22-24 Administrative Procedure and Texas Register Act, as amended
22-25 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
22-26 board statements opposing adoption of a rule under that section,
22-27 the rule may not take effect, or if the rule has already taken
23-1 effect, the rule is repealed effective on the date the board
23-2 receives the committee's statements.>
23-3 SECTION 2.04. Chapter 836, Acts of the 62nd Legislature,
23-4 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
23-5 Statutes), is amended by adding Sections 2A through 2M to read as
23-6 follows:
23-7 Sec. 2A. COMPENSATION. A member of the board is entitled to
23-8 a per diem as set by the General Appropriations Act for each day
23-9 that the member engages in the business of the board. A member may
23-10 not receive any reimbursement for travel expenses, including
23-11 expenses for meals and lodging, other than transportation expenses
23-12 as provided by the General Appropriations Act.
23-13 Sec. 2B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
23-14 eligible for appointment as a public member of the board if the
23-15 person or the person's spouse:
23-16 (1) is registered, certified, or licensed by an
23-17 occupational regulatory agency in the field of health care;
23-18 (2) is employed by or participates in the management
23-19 of a business entity or other organization regulated by the
23-20 executive council or the board or receiving funds from the
23-21 executive council or the board;
23-22 (3) owns or controls, directly or indirectly, more
23-23 than a 10 percent interest in a business entity or other
23-24 organization regulated by the executive council or the board or
23-25 receiving funds from the executive council or the board; or
23-26 (4) uses or receives a substantial amount of tangible
23-27 goods, services, or funds from the executive council or the board,
24-1 other than compensation or reimbursement authorized by law for
24-2 executive council or board membership, attendance, or expenses.
24-3 Sec. 2C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
24-4 officer, employee, or paid consultant of a Texas trade association
24-5 in the field of health care may not be a board member.
24-6 (b) A person who is the spouse of an officer, manager, or
24-7 paid consultant of a Texas trade association in the field of health
24-8 care may not be a board member.
24-9 (c) For the purposes of this section, a Texas trade
24-10 association is a nonprofit, cooperative, and voluntarily joined
24-11 association of business or professional competitors in this state
24-12 designed to assist its members and its industry or profession in
24-13 dealing with mutual business or professional problems and in
24-14 promoting their common interest.
24-15 Sec. 2D. EFFECT OF LOBBYING ACTIVITY. A person may not
24-16 serve as a board member if the person is required to register as a
24-17 lobbyist under Chapter 305, Government Code, and its subsequent
24-18 amendments, because of the person's activities for compensation on
24-19 behalf of a profession related to the operation of the board.
24-20 Sec. 2E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
24-21 ground for removal from the board if a member:
24-22 (1) does not have at the time of appointment the
24-23 qualifications required by Section 2(a) of this Act;
24-24 (2) does not maintain during service on the board the
24-25 qualifications required by Section 2(a) of this Act;
24-26 (3) violates a prohibition established by Section 2C
24-27 or 2D of this Act;
25-1 (4) cannot discharge the member's duties for a
25-2 substantial part of the term for which the member is appointed
25-3 because of illness or disability; or
25-4 (5) is absent from more than half of the regularly
25-5 scheduled board meetings that the member is eligible to attend
25-6 during a calendar year unless the absence is excused by majority
25-7 vote of the board.
25-8 (b) The validity of an action of the board is not affected
25-9 by the fact that it is taken when a ground for removal of a board
25-10 member exists.
25-11 (c) If the coordinator of physical therapy programs has
25-12 knowledge that a potential ground for removal exists, the
25-13 coordinator shall notify the presiding officer of the board of the
25-14 ground. The presiding officer shall then notify the governor that
25-15 a potential ground for removal exists.
25-16 Sec. 2F. STAFF. (a) The board may request the executive
25-17 council to assign administrative and clerical employees as
25-18 necessary to carry out the board's functions.
25-19 (b) The board shall develop and implement policies that
25-20 clearly define the respective responsibilities of the board and the
25-21 staff of the executive council.
25-22 Sec. 2G. REGULATORY STATUTES ADMINISTERED. Except as
25-23 provided by other statutes, the board shall administer and enforce
25-24 this Act.
25-25 Sec. 2H. PUBLIC INTEREST INFORMATION. The board shall
25-26 prepare information of public interest describing the functions of
25-27 the board and the board's procedures by which complaints are filed
26-1 with and resolved by the board. The board shall make the
26-2 information available to the public and appropriate state agencies.
26-3 Sec. 2I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
26-4 shall develop and implement policies that provide the public with a
26-5 reasonable opportunity to appear before the board and to speak on
26-6 any issue under the jurisdiction of the board.
26-7 Sec. 2J. PROGRAM ACCESSIBILITY. The board shall prepare and
26-8 maintain a written plan that describes how a person who does not
26-9 speak English can be provided reasonable access to the board's
26-10 programs. The board shall also comply with federal and state laws
26-11 for program and facility accessibility.
26-12 Sec. 2K. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
26-13 (a) The board shall establish a training program for the members
26-14 of the board.
26-15 (b) Before a member of the board may assume the member's
26-16 duties, the member must complete at least one course of the
26-17 training program established under this section.
26-18 (c) A training program established under this section shall
26-19 provide information to a participant regarding:
26-20 (1) the enabling legislation that created the board to
26-21 which the member is appointed;
26-22 (2) the programs operated by the agency;
26-23 (3) the role and functions of the agency;
26-24 (4) the rules of the agency with an emphasis on the
26-25 rules that relate to disciplinary and investigatory authority;
26-26 (5) the current budget for the agency;
26-27 (6) the results of the most recent formal audit of the
27-1 agency;
27-2 (7) the requirements of the:
27-3 (A) open meetings law, Chapter 271, Acts of the
27-4 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
27-5 Texas Civil Statutes), and its subsequent amendments;
27-6 (B) open records law, Chapter 424, Acts of the
27-7 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
27-8 Texas Civil Statutes), and its subsequent amendments; and
27-9 (C) Administrative Procedure and Texas Register
27-10 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
27-11 subsequent amendments;
27-12 (8) the requirements of the conflict of interest laws
27-13 and other laws relating to public officials; and
27-14 (9) any applicable ethics policies adopted by that
27-15 state agency or the Texas Ethics Commission.
27-16 (d) In developing the training requirements provided for in
27-17 this section, the board shall consult with the governor's office,
27-18 the attorney general's office, and the Texas Ethics Commission.
27-19 (e) In the event that another state agency or entity is
27-20 given the authority to establish the training requirements, the
27-21 board shall allow that training in lieu of developing its own
27-22 program.
27-23 Sec. 2L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
27-24 board is subject to:
27-25 (1) the open meetings law, Chapter 271, Acts of the
27-26 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
27-27 Texas Civil Statutes), and its subsequent amendments; and
28-1 (2) the Administrative Procedure and Texas Register
28-2 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
28-3 subsequent amendments.
28-4 Sec. 2M. SUNSET PROVISION. The Texas Board of Physical
28-5 Therapy Examiners is subject to Chapter 325, Government Code (Texas
28-6 Sunset Act), and its subsequent amendments. Unless continued in
28-7 existence as provided by that chapter, the board is abolished and
28-8 this Act expires September 1, 2005.
28-9 SECTION 2.05. Subsections (a) and (b), Section 4, Chapter
28-10 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
28-11 4512e, Vernon's Texas Civil Statutes), are amended to read as
28-12 follows:
28-13 (a) The members of the board shall, on appointment, elect
28-14 from their number a presiding officer <chairman>, secretary, and
28-15 other officers required for the conduct of business. Special
28-16 meetings of the board shall be called by the presiding officer
28-17 <chairman> and secretary, acting jointly, or on the written request
28-18 of any two members. The board may adopt bylaws and rules necessary
28-19 to govern its proceedings and to implement the purposes of this
28-20 Act.
28-21 (b) The secretary shall keep a record of each meeting of the
28-22 board and maintain a register containing the names of all physical
28-23 therapists licensed under this Act, which shall be at all times
28-24 open to public inspection. On March 1 of each year, the
28-25 coordinator of physical therapy programs <executive director> shall
28-26 transmit an official copy of the list of the licensees to the
28-27 executive council and the secretary of state for permanent record,
29-1 a certified copy of which shall be admissible as evidence in any
29-2 court of this state.
29-3 SECTION 2.06. Section 6, Chapter 836, Acts of the 62nd
29-4 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
29-5 Civil Statutes), is amended to read as follows:
29-6 Sec. 6. Exemptions. (a) This Act does not restrict <apply
29-7 to:>
29-8 <(1)> a licensee of another state agency from
29-9 performing health-care services within the scope of the applicable
29-10 licensing act if:
29-11 (1) the licensee does not represent to others that the
29-12 licensee is a physical therapist and does not use the term
29-13 "physical therapy," "physical therapist," "physiotherapy,"
29-14 "physiotherapist," "licensed physical therapist," "registered
29-15 physical therapist," or assistant thereto, or the letters "PT,"
29-16 "PhT," "LPT," or "RPT" or any derivative of those terms in
29-17 connection with the licensee's name or practice; and
29-18 (2) the licensee practices strictly in conformity with
29-19 applicable laws and regulations relating to the licensure and
29-20 observes all prohibitions of Section 7 of this Act.<, an
29-21 occupational therapist who confines his practice to occupational
29-22 therapy, a certified corrective therapist who confines his practice
29-23 to corrective therapy, and a speech pathologist or an audiologist
29-24 who confines his practice to the treatment of communication
29-25 disorders;>
29-26 (b) This Act does not apply to:
29-27 (1) <(2)> a physical therapy aide;
30-1 (2) <(3)> a physical therapy student or physical
30-2 therapist <therapy> assistant student participating in an
30-3 accredited physical therapy or physical therapist assistant
30-4 educational program if the student is <curriculum and> under the
30-5 supervision of a licensee under this Act; or a student
30-6 participating in <of> an accredited allied health science program
30-7 leading to licensure by another state agency if the student is
30-8 <curriculum> under the supervision of properly licensed, certified,
30-9 or registered personnel;
30-10 (3) <(4)> a physical therapist doing special projects
30-11 in patient care while working toward an advanced degree from an
30-12 accredited college or university; or
30-13 (4) <(5)> a physical therapist who does not live in
30-14 this state and is licensed by the appropriate authorities who comes
30-15 into this state to attend educational activities. The duration of
30-16 this exemption shall be no more than six months.
30-17 SECTION 2.07. Section 7, Chapter 836, Acts of the 62nd
30-18 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
30-19 Civil Statutes), is amended to read as follows:
30-20 Sec. 7. Prohibited Acts. (a) A person may not practice
30-21 physical therapy, offer to practice physical therapy, or in any way
30-22 hold the person out as being able to practice physical therapy,
30-23 including practice as a physical therapist or physical therapist
30-24 assistant, unless the individual holds a valid license issued by
30-25 the board <A person may not practice or represent himself as able
30-26 to practice physical therapy, or act or represent himself as being
30-27 a physical therapist unless he is licensed> under this Act.
31-1 (b) <A person may not act or represent himself as being a
31-2 physical therapist assistant unless he is licensed under this Act.>
31-3 <(c)> It is unlawful for any person or for any business, its
31-4 employees, or other agents or representatives to use in connection
31-5 with its name or business activity the words "physical therapy,"
31-6 "physical therapist," "physiotherapy," "physiotherapist," "licensed
31-7 physical therapist," "registered physical therapist," or "physical
31-8 therapist assistant," <assistant thereto,> or the letters "PT,"
31-9 "PhT," "LPT," "RPT," or "PTA" <or "RPT"> or any other words,
31-10 letters, abbreviations, or insignia indicating or implying orally
31-11 or in writing, in print or by sign, or in any other way, directly
31-12 or by implication, that physical therapy is provided or supplied,
31-13 or to extend or provide physical therapy services unless the
31-14 services are provided by a physical therapist licensed under this
31-15 Act.
31-16 (c) It is a violation of this Act to advertise the ability
31-17 to provide physical therapy unless the individual providing the
31-18 physical therapy is licensed under this Act.
31-19 (d) It is a violation of this Act for an individual licensed
31-20 by the board to violate the provisions of Section 161.091, Health
31-21 and Safety Code.
31-22 (e) A violation of any provision of this section will
31-23 subject the violator to the penalties of Section 18 of this Act.
31-24 SECTION 2.08. Section 8, Chapter 836, Acts of the 62nd
31-25 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
31-26 Civil Statutes), is amended by amending Subsection (a) and adding
31-27 Subsection (c) to read as follows:
32-1 (a) An applicant for a license as a physical therapist must
32-2 file a written application, on a form provided by the board,
32-3 accompanied by an examination fee prescribed by the board, which is
32-4 refundable if the applicant does not take the examination, and an
32-5 application fee prescribed by the board, which is not refundable.
32-6 The applicant must present evidence satisfactory to the board that
32-7 the applicant <he> has completed an accredited program or
32-8 equivalent program <curriculum> in physical therapy education.
32-9 "Equivalent program" means that the applicant shall provide
32-10 official documentation from a board-approved educational
32-11 credentials review agency, certifying completion of a program
32-12 equivalent to a Commission on Accreditation of Physical Therapy
32-13 Education accredited program and completion of <that has provided
32-14 adequate instruction in the basic sciences, clinical sciences, and
32-15 physical therapy theory and procedures as determined by the board
32-16 and has completed> a minimum of 60 academic semester credits or the
32-17 equivalent from an accredited institution of higher learning <a
32-18 recognized college in which semester hour credits are acceptable
32-19 for transfer to The University of Texas, including courses in
32-20 biological, social, and physical science>.
32-21 (c) The applicant must meet all other requirements and
32-22 qualifications set forth by the board.
32-23 SECTION 2.09. Section 9, Chapter 836, Acts of the 62nd
32-24 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
32-25 Civil Statutes), is amended by amending Subsection (a) and adding
32-26 Subsections (c) and (d) to read as follows:
32-27 (a) An applicant for a physical therapist assistant license
33-1 must file a written application with the board, on a form provided
33-2 by the board, accompanied by an examination fee prescribed by the
33-3 board, which is refundable if the applicant does not take the
33-4 examination, and an application fee prescribed by the board, which
33-5 is not refundable. The applicant must present evidence
33-6 satisfactory to the board that the applicant <he> has completed an
33-7 accredited physical therapist assistant program or an accredited
33-8 physical therapy program, including courses in the anatomical,
33-9 biological, and physical sciences, and clinical procedures as
33-10 prescribed and approved by the board.
33-11 (c) The applicant must meet all other requirements and
33-12 qualifications established by the board.
33-13 (d) The board may grant licensure as a physical therapist
33-14 assistant to an individual who has not completed an accredited
33-15 program for physical therapist assistants if the individual meets
33-16 all requirements of Section 8 of this Act and has had no
33-17 disciplinary action in any other state or nation.
33-18 SECTION 2.10. Section 10, Chapter 836, Acts of the 62nd
33-19 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
33-20 Civil Statutes), is amended to read as follows:
33-21 Sec. 10. PROVISIONAL LICENSE <BY ENDORSEMENT>. (a) The
33-22 board may grant a provisional license to an applicant who presents
33-23 proof of current licensure in another state, the District of
33-24 Columbia, or territory of the United States that maintains
33-25 professional standards considered by the board to be equivalent to
33-26 those set forth in this Act. An applicant for a provisional
33-27 license under this section must:
34-1 (1) be licensed in good standing as a physical
34-2 therapist or physical therapist assistant in another state, the
34-3 District of Columbia, or a territory of the United States that has
34-4 licensing requirements that are substantially equivalent to the
34-5 requirements of this Act;
34-6 (2) have passed a national or other examination
34-7 recognized by the board relating to the practice of physical
34-8 therapy; and
34-9 (3) be sponsored by a person licensed by the board
34-10 under this Act with whom the provisional licensee may practice
34-11 under this section.
34-12 (b) An applicant for a provisional license may be excused
34-13 from the requirement of Subsection (a)(3) of this section if the
34-14 board determines that compliance with that subsection constitutes a
34-15 hardship to the applicant.
34-16 (c) A provisional license is valid until the date the board
34-17 approves or denies the provisional licensee's application for a
34-18 license. The board shall issue a license under this Act to the
34-19 holder of a provisional license under this section if:
34-20 (1) the provisional licensee passes a jurisprudence
34-21 examination, if required;
34-22 (2) the board verifies that the provisional licensee
34-23 has the academic and experience requirements for a license under
34-24 this Act; and
34-25 (3) the provisional licensee satisfies any other
34-26 license requirements under this Act.
34-27 (d) The board must complete the processing of a provisional
35-1 licensee's application for a license not later than the 180th day
35-2 after the date the provisional license is issued. The board may
35-3 extend the 180-day limit if the results on an examination have not
35-4 been received by the board <A person who is licensed or otherwise
35-5 registered as a physical therapist or as a physical therapist
35-6 assistant by another state, the District of Columbia, or a
35-7 commonwealth or territory of the United States whose requirements
35-8 for licensing or registration were at the date of licensing or
35-9 registration substantially equal to the requirements prescribed by
35-10 this Act may receive a physical therapist license without
35-11 examination on submission of an application on a form prescribed by
35-12 the board and payment of an endorsement license fee prescribed by
35-13 the board>.
35-14 SECTION 2.11. Chapter 836, Acts of the 62nd Legislature,
35-15 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
35-16 Statutes), is amended by adding Section 10A to read as follows:
35-17 Sec. 10A. FOREIGN-TRAINED APPLICANTS. Foreign-trained
35-18 physical therapists or physical therapist assistants shall satisfy
35-19 the examination requirements of Section 8 or 9 of this Act. The
35-20 board shall require foreign-trained applicants to furnish proof of
35-21 good moral character and completion of requirements substantially
35-22 equal to those contained in Section 8 or 9 of this Act before
35-23 taking the examination.
35-24 SECTION 2.12. Section 11, Chapter 836, Acts of the 62nd
35-25 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
35-26 Civil Statutes), is amended to read as follows:
35-27 Sec. 11. Temporary License; INACTIVE STATUS. (a) The board
36-1 by rule may provide for the issuance of a temporary license. A
36-2 holder of a temporary license shall practice under the supervision
36-3 of a licensed physical therapist. Rules adopted under this
36-4 subsection shall include a time limit for a licensee to remain on
36-5 temporary status.
36-6 (b) The board by rule may provide for a person who holds a
36-7 license under this Act to be placed on inactive status. Rules
36-8 adopted under this subsection shall include a time limit for a
36-9 licensee to remain on inactive status <shall issue a temporary
36-10 license without examination to a physical therapist or physical
36-11 therapist assistant who meets the qualifications prescribed by
36-12 Sections 8 and 9 of this Act on submission of a written application
36-13 on a form prescribed by the board, proof that the applicant is in
36-14 this state on a temporary basis to assist in a case of medical
36-15 emergency or to engage in a special physical therapy project, and
36-16 payment of a fee prescribed by the board for a physical therapist
36-17 temporary license or a physical therapist assistant temporary
36-18 license. This license expires one year from the date of issuance.>
36-19 <(b) The board shall issue a temporary license to a person
36-20 who has applied for a license, meets the qualifications prescribed
36-21 by Sections 8 and 9 of this Act, and has paid a fee prescribed by
36-22 the board for a physical therapist temporary license or a physical
36-23 therapist assistant temporary license. This license expires on
36-24 completion of scoring of the next administered examination whether
36-25 the applicant passes the examination or not. Issuance of a
36-26 temporary license following failure of part or all of the
36-27 examination shall be according to rules adopted by the board>.
37-1 SECTION 2.13. Section 12, Chapter 836, Acts of the 62nd
37-2 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
37-3 Civil Statutes), is amended to read as follows:
37-4 Sec. 12. Title. (a) A licensed physical therapist may
37-5 use the title "Physical Therapist." No other person may be so
37-6 designated or permitted to use the term "Physical Therapist." The
37-7 license as a physical therapist does not authorize the use of <the
37-8 prefix "Dr.," the word "Doctor," or> any <suffix or> affix
37-9 indicating or implying that the licensed person is a physician.
37-10 (b) A licensed physical therapist assistant may use the
37-11 title "Physical Therapist Assistant." No other person may be so
37-12 designated or permitted to use the term "Physical Therapist
37-13 Assistant." The license as a physical therapist assistant does not
37-14 authorize the use of <the prefix "Dr.," the word "Doctor," or> any
37-15 <suffix or> affix indicating or implying that the licensed person
37-16 is a physician.
37-17 SECTION 2.14. Section 15, Chapter 836, Acts of the 62nd
37-18 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
37-19 Civil Statutes), is amended to read as follows:
37-20 Sec. 15. Renewal of License. (a) A license issued under
37-21 this Act<, except a temporary license,> expires two years after
37-22 <one year from> the date of issuance.
37-23 (b) A person may renew an <his> unexpired license by paying
37-24 to <filing a renewal application with> the executive council
37-25 <board> before the expiration date of the license<, accompanied by>
37-26 the required renewal fee<. The renewal application must include
37-27 evidence satisfactory to the board that the licensee has fulfilled
38-1 the continuing education requirements imposed under Subsection (k)
38-2 of Section 3 of this Act>.
38-3 (c) If a person's license has been expired for 90 days or
38-4 less, the person may renew the license by paying to the executive
38-5 council the required renewal fee and a fee that is one-half of the
38-6 examination fee for the license.
38-7 (d) If a person's license has been expired for more than 90
38-8 days but less than one year, the person may renew the license by
38-9 paying to the executive council all unpaid renewal fees and a fee
38-10 that is equal to the examination fee for the license.
38-11 (e) If a person's license has been expired for one year or
38-12 more, the person may not renew the license. The person may obtain
38-13 a new license by submitting to reexamination and complying with the
38-14 requirements and procedures for obtaining an original license.
38-15 However, the board may renew without examination an expired license
38-16 of a person who was licensed in this state, moved to another state,
38-17 and is currently licensed and has been in practice in the other
38-18 state for the two years preceding application. The person must pay
38-19 to the executive council a fee that is equal to the examination fee
38-20 for the license.
38-21 (f) At least 30 days before the expiration of a person's
38-22 license, the executive council shall send written notice of the
38-23 impending license expiration to the person at the licensee's last
38-24 known address according to the records of the executive council.
38-25 <(c) If a person's license has been expired for not more
38-26 than 90 days, the person may renew the license by paying to the
38-27 board the required renewal fee and a fee that is one-half of the
39-1 examination fee for the license.>
39-2 <(d) If a person's license has been expired for more than 90
39-3 days but less than two years, the person may renew the license by
39-4 paying to the board all unpaid renewal fees and a fee that is equal
39-5 to the examination fee for the license.>
39-6 <(e) If a person's license has been expired for two years or
39-7 more, the person may not renew the license. The person may obtain
39-8 a new license by submitting to reexamination and complying with the
39-9 requirements and procedures for obtaining an original license.>
39-10 <(f) The board shall notify each licensee in writing of the
39-11 licensee's impending license expiration at least 30 days before the
39-12 expiration date and shall attempt to obtain from the licensee a
39-13 signed statement confirming receipt of the notice.>
39-14 SECTION 2.15. Section 16, 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. 16. Alternative Expiration Date System. <(a)> The
39-18 board may adopt a system under which licenses expire on various
39-19 dates during the year.
39-20 <(b)> For the year in which the license expiration date is
39-21 changed, license fees payable on the date of issuance shall be
39-22 prorated on a monthly basis so that each licensee shall pay <pays>
39-23 only that portion of the license fee that is allocable to the
39-24 number of months during which the license is valid.
39-25 <(c)> On renewal of the license on the new expiration date,
39-26 the total license renewal fee is payable.
39-27 SECTION 2.16. Chapter 836, Acts of the 62nd Legislature,
40-1 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
40-2 Statutes), is amended by adding Section 16A to read as follows:
40-3 Sec. 16A. MANDATORY CONTINUING EDUCATION. (a) The board by
40-4 rule shall adopt requirements for mandatory continuing education
40-5 for licensees under this Act in subjects pertaining to the practice
40-6 of physical therapy. The board by rule shall establish a minimum
40-7 number of hours of continuing education required to renew a
40-8 license. The board may assess the continuing education needs of
40-9 licensees and may require licensees to attend continuing education
40-10 courses specified by the board. The board by rule shall develop a
40-11 process to evaluate and approve continuing education courses.
40-12 (b) The board shall identify the key factors for the
40-13 competent performance by a licensee of the licensee's professional
40-14 duties. The board shall adopt a procedure to assess a licensee's
40-15 participation and performance in continuing education programs.
40-16 SECTION 2.17. Section 17, Chapter 836, Acts of the 62nd
40-17 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
40-18 Civil Statutes), is amended to read as follows:
40-19 Sec. 17. Fees. <(a)> The board may recommend to the
40-20 executive council <shall establish> reasonable and necessary fees
40-21 for licenses issued or services performed under this Act so that
40-22 the fees, in the aggregate, produce sufficient revenue to cover the
40-23 cost of administering this Act. The board may not recommend a fee
40-24 to the executive council for an amount less than the amount of that
40-25 fee on September 1, 1993. <for the administration of this Act in
40-26 amounts not to exceed:>
40-27 <Examination>
41-1 <1. Physical Therapist> <$100>
41-2 <2. Physical Therapist Assistant> <90>
41-3 <Application>
41-4 <1. Physical Therapist> <60>
41-5 <2. Physical Therapist Assistant> <60>
41-6 <License Fee>
41-7 <Endorsement>
41-8 <1. Physical Therapist> <100>
41-9 <2. Physical Therapist Assistant> <90>
41-10 <Temporary License>
41-11 <1. Physical Therapist> <40>
41-12 <2. Physical Therapist Assistant> <30>
41-13 <Renewal>
41-14 <1. Physical Therapist> <75>
41-15 <2. Physical Therapist Assistant> <65>
41-16 <Issuance Fee>
41-17 <1. Physical Therapist> <65>
41-18 <2. Physical Therapist Assistant> <65>
41-19 <Duplicate License>
41-20 <1. Physical Therapist> <50>
41-21 <2. Physical Therapist Assistant> <50>
41-22 <Transfer Fee>
41-23 <1. Physical Therapist> <50>
41-24 <2. Physical Therapist Assistant> <50>
41-25 <(b) The board may not maintain unnecessary fund balances,
41-26 and fee amounts shall be set in accordance with this requirement.>
41-27 SECTION 2.18. Section 19, Chapter 836, Acts of the 62nd
42-1 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
42-2 Civil Statutes), is amended to read as follows:
42-3 Sec. 19. GROUNDS FOR DENIAL OF A LICENSE OR DISCIPLINE OF A
42-4 LICENSEE<: COMPETITIVE BIDDING AND ADVERTISING>. (a)(1) A
42-5 license may be denied, or after hearing, suspended or revoked, or a
42-6 licensee otherwise disciplined if the applicant or licensee has:
42-7 (A) provided physical therapy <treatment> to a
42-8 person, except as provided by Subdivision (2) of this subsection,
42-9 without the referral from <of> a physician licensed to practice
42-10 medicine by a state <the Texas State> Board of Medical Examiners,
42-11 or by a dentist licensed by a state <the State> Board of Dental
42-12 Examiners, or a doctor licensed to practice chiropractic by a state
42-13 <the Texas> Board of Chiropractic Examiners or a podiatrist
42-14 licensed by a state <the Texas State> Board of Podiatry Examiners,
42-15 or by any other qualified, licensed health-care professional who
42-16 within the scope of the professional licensure is authorized to
42-17 refer for health care services. The professional taking an action
42-18 under this subdivision is a referring practitioner <personnel who
42-19 are authorized to prescribe treatment of individuals>;
42-20 (B) in the case of a physical therapist
42-21 assistant, treated a person other than under the direction of a
42-22 licensed physical therapist;
42-23 (C) used drugs or intoxicating liquors to an
42-24 extent that affects the licensee's or applicant's <his>
42-25 professional competence;
42-26 (D) been convicted of a felony in this state or
42-27 in any other state, territory, or nation; conviction as used in
43-1 this subdivision includes a finding or verdict of guilty, an
43-2 admission of guilt, or a plea of nolo contendere;
43-3 (E) obtained or attempted to obtain a license by
43-4 fraud or deception;
43-5 (F) been grossly negligent in the practice of
43-6 physical therapy or in acting as a physical therapist assistant;
43-7 (G) been adjudged mentally incompetent by a
43-8 court of competent jurisdiction;
43-9 (H) practiced physical therapy in a manner
43-10 detrimental to the public health and welfare; or
43-11 (I) had the licensee's or applicant's <his>
43-12 license to practice physical therapy revoked or suspended or had
43-13 other disciplinary action taken against the licensee or applicant
43-14 <him> or had the licensee's or applicant's <his> application for a
43-15 license refused, revoked, or suspended by the proper licensing
43-16 authority of another state, territory, or nation.
43-17 (2) A licensed physical therapist may treat a patient
43-18 for an injury or condition that was the subject of a prior referral
43-19 if all of the following conditions are met:
43-20 (A) the physical therapist, within five business
43-21 days, notifies the referring licensed physician, dentist,
43-22 chiropractor, podiatrist, or other referring practitioner <licensed
43-23 health-care personnel> of the commencement of therapy;
43-24 (B) for all episodes of physical therapy
43-25 subsequent to that which was initiated by the referral, the
43-26 physical therapist treats the patient for not more than 20
43-27 treatment sessions or 30 consecutive calendar days, whichever
44-1 occurs first, whereupon the physical therapist must confer with the
44-2 referring practitioner <licensed physician, dentist, chiropractor,
44-3 podiatrist, or other licensed health-care personnel> in order to
44-4 continue the current episode of treatment; and
44-5 (C) the physical therapist commences any episode
44-6 of treatment provided pursuant to this subsection within one year
44-7 of the referral by the referring practitioner <licensed physician,
44-8 dentist, chiropractor, podiatrist, or other licensed health-care
44-9 personnel>.
44-10 (3) No physical therapist may provide treatment
44-11 pursuant to Subdivision (2) of this subsection without having been
44-12 licensed to practice physical therapy for at least one year and
44-13 without satisfying other requirements set by the board.
44-14 (4) A licensed physical therapist may provide physical
44-15 assessments or instructions to an asymptomatic person without the
44-16 referral of a referring practitioner <physician, dentist,
44-17 chiropractor, podiatrist, or other licensed health-care personnel>.
44-18 (5) In emergency circumstances, including minor
44-19 emergencies, a licensed physical therapist may provide assistance
44-20 to a person to the best of the therapist's ability without the
44-21 referral of a referring practitioner <physician, dentist,
44-22 chiropractor, podiatrist, or other licensed health-care personnel>.
44-23 For the purposes of this subsection, "emergency circumstances"
44-24 means instances where emergency medical care is called for.
44-25 "Emergency medical care" means bona fide emergency services
44-26 provided after the sudden onset of a medical condition manifesting
44-27 itself by acute symptoms of sufficient severity, including severe
45-1 pain, such that the absence of immediate medical attention could
45-2 reasonably be expected to result in:
45-3 (A) placing the patient's health in serious
45-4 jeopardy;
45-5 (B) serious impairment to bodily functions; or
45-6 (C) serious dysfunction of any bodily organ or
45-7 part.
45-8 (b) The board may not adopt rules restricting competitive
45-9 bidding or advertising by a person regulated by the board except to
45-10 prohibit false, misleading, or deceptive practices by the person.
45-11 The board may not include in its rules to prohibit false,
45-12 misleading, or deceptive practices by a person regulated by the
45-13 board a rule that:
45-14 (1) restricts the person's use of any medium for
45-15 advertising;
45-16 (2) restricts the person's personal appearance or use
45-17 of his voice in an advertisement;
45-18 (3) relates to the size or duration of an
45-19 advertisement by the person; or
45-20 (4) restricts the person's advertisement under a trade
45-21 name.
45-22 SECTION 2.19. Subsection (a), Section 20, Chapter 836, Acts
45-23 of the 62nd Legislature, Regular Session, 1971 (Article 4512e,
45-24 Vernon's Texas Civil Statutes), is amended to read as follows:
45-25 (a) A person whose application for a license is denied is
45-26 entitled to a hearing before the State Office of Administrative
45-27 Hearings <board> if the applicant <he> submits a written request
46-1 for a hearing to the board.
46-2 SECTION 2.20. Chapter 836, Acts of the 62nd Legislature,
46-3 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
46-4 Statutes), is amended by adding Section 20A to read as follows:
46-5 Sec. 20A. REVOCATION, SUSPENSION, OR PROBATION OF LICENSE.
46-6 (a) The board shall revoke or suspend a license, place on
46-7 probation a licensee whose license has been suspended, or reprimand
46-8 a licensee for a violation of this Act or a rule adopted by the
46-9 board.
46-10 (b) If a license suspension is probated, the board may
46-11 require the licensee to:
46-12 (1) report regularly to the board on matters that are
46-13 the basis of the probation;
46-14 (2) limit practice to the areas prescribed by the
46-15 board; or
46-16 (3) continue or review continuing professional
46-17 education until the licensee attains a degree of skill satisfactory
46-18 to the board in those areas that are the basis of the probation.
46-19 (c) The schedule of sanctions adopted by the board by rule
46-20 shall be used by the State Office of Administrative Hearings for
46-21 any sanction imposed as the result of a hearing conducted by that
46-22 office.
46-23 SECTION 2.21. Chapter 836, Acts of the 62nd Legislature,
46-24 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
46-25 Statutes), is amended by adding Sections 22 through 27 to read as
46-26 follows:
46-27 Sec. 22. COMPLAINT PROCEDURE IN GENERAL. (a) The board
47-1 shall keep an information file about each complaint filed with the
47-2 executive council and referred to the board. The board's
47-3 information file shall be kept current and contain a record for
47-4 each complaint of:
47-5 (1) all persons contacted in relation to the
47-6 complaint;
47-7 (2) a summary of findings made at each step of the
47-8 complaint process;
47-9 (3) an explanation of the legal basis and reason for a
47-10 complaint that is dismissed; and
47-11 (4) other relevant information.
47-12 (b) If a written complaint is received by the board that the
47-13 board has authority to resolve, the board, at least as frequently
47-14 as quarterly and until final disposition of the complaint, shall
47-15 notify the parties to the complaint of the status of the complaint
47-16 unless the notice would jeopardize an undercover investigation.
47-17 (c) The board by rule shall adopt a form to standardize
47-18 information concerning complaints made to the board. The board by
47-19 rule shall prescribe information to be provided to a person when
47-20 the person files a complaint received by the board.
47-21 (d) The board shall provide reasonable assistance to a
47-22 person who wishes to file a complaint.
47-23 Sec. 23. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
47-24 board shall adopt rules concerning the investigation of a complaint
47-25 received by the board. The rules adopted under this subsection
47-26 shall:
47-27 (1) distinguish between categories of complaints;
48-1 (2) ensure that complaints are not dismissed without
48-2 appropriate consideration;
48-3 (3) require that the board be advised of a complaint
48-4 that is dismissed and that a letter be sent to the person who filed
48-5 the complaint explaining the action taken on the dismissed
48-6 complaint;
48-7 (4) ensure that the person who filed the complaint has
48-8 an opportunity to explain the allegations made in the complaint;
48-9 (5) prescribe guidelines concerning the categories of
48-10 complaints that require the use of a private investigator and the
48-11 procedures for the board to obtain the services of a private
48-12 investigator; and
48-13 (6) require the board to advise the executive council
48-14 of complaints disposed of.
48-15 (b) The board shall dispose of all complaints in a timely
48-16 manner. The board shall establish a schedule for conducting each
48-17 phase of a complaint that is under the control of the board not
48-18 later than the 30th day after the date the complaint is received by
48-19 the board. The schedule shall be kept in the information file for
48-20 the complaint and all parties shall be notified of the projected
48-21 time requirements for pursuing the complaint. A change in the
48-22 schedule must be noted in the complaint information file and all
48-23 parties to the complaint must be notified not later than the
48-24 seventh day after the date the change is made.
48-25 (c) The coordinator of the physical therapy programs shall
48-26 notify the board of a complaint that extends beyond the time
48-27 prescribed by the board for resolving the complaint so that the
49-1 board may take necessary action on the complaint.
49-2 Sec. 24. INFORMAL PROCEEDINGS. (a) The board by rule shall
49-3 adopt procedures governing:
49-4 (1) informal disposition of a contested case under
49-5 Section 13(e), Administrative Procedure and Texas Register Act
49-6 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
49-7 subsequent amendments; and
49-8 (2) informal proceedings held in compliance with
49-9 Section 18(c), Administrative Procedure and Texas Register Act
49-10 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
49-11 subsequent amendments.
49-12 (b) Rules adopted under this section must provide the
49-13 complainant and the licensee an opportunity to be heard and must
49-14 require the presence of a representative of the office of the
49-15 attorney general or the board's legal counsel to advise the board
49-16 or board's employees.
49-17 Sec. 25. MONITORING OF LICENSEE. The board by rule shall
49-18 develop a system for monitoring licensees' compliance with the
49-19 requirements of this Act. Rules adopted under this section shall
49-20 include procedures for monitoring a licensee who is ordered by the
49-21 board to perform certain acts to ascertain that the licensee
49-22 performs the required acts and to identify and monitor licensees
49-23 who represent a risk to the public.
49-24 Sec. 26. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
49-25 relating to the administration of this Act are performed in
49-26 accordance with Article 4512e-1, Revised Statutes. To the extent
49-27 of a conflict between this Act and Article 4512e-1, Revised
50-1 Statutes, that article controls.
50-2 Sec. 27. REGISTRATION OF FACILITIES. (a) The board by rule
50-3 shall adopt requirements for the registration and renewal of a
50-4 registration of a facility in which the practice of physical
50-5 therapy is conducted. A facility licensed under Subtitle B, Title
50-6 4, Health and Safety Code, is exempt from the requirements for
50-7 registration in this section.
50-8 (b) If one or more facilities are owned by an individual,
50-9 partnership, corporation, or other entity, the board may require
50-10 only one application for the registration of all facilities.
50-11 (c) In accordance with Section 6 of this Act, the rules
50-12 adopted under this section shall not prohibit a licensed individual
50-13 from practicing in a facility within the scope of such individual's
50-14 licensure.
50-15 ARTICLE 3. THE PRACTICE OF OCCUPATIONAL THERAPY
50-16 SECTION 3.01. Section 1, Occupational Therapy Title Act
50-17 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
50-18 as follows:
50-19 Sec. 1. SHORT TITLE. This Act shall be known and may be
50-20 cited as the "Occupational Therapy Practice <Title> Act."
50-21 SECTION 3.02. Section 2, Occupational Therapy Title Act
50-22 (Article 8851, Vernon's Texas Civil Statutes), is amended by
50-23 amending Subdivisions (4), (7), and (8) and adding Subdivision (9)
50-24 to read as follows:
50-25 (4) "Board" means the Texas <Advisory> Board of
50-26 Occupational Therapy Examiners.
50-27 (7) "Occupational therapy aide" or "occupational
51-1 therapy orderly" means a person who aids in the practice of
51-2 occupational therapy and whose activities require on-the-job
51-3 training and on-site supervision by an occupational therapist or an
51-4 occupational therapy assistant <"Commission" means the Texas
51-5 Rehabilitation Commission>.
51-6 (8) "Executive council" means the Executive Council of
51-7 Physical Therapy and Occupational Therapy Examiners <"Commissioner"
51-8 means the commissioner of the Texas Rehabilitation Commission>.
51-9 (9) "Coordinator of occupational therapy programs"
51-10 means the employee of the executive council employed under Section
51-11 9, Article 4512e-1, Revised Statutes, and its subsequent
51-12 amendments.
51-13 SECTION 3.03. Section 3, Occupational Therapy Title Act
51-14 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
51-15 as follows:
51-16 Sec. 3. Creation of Board. (a) A Texas <Advisory> Board of
51-17 Occupational Therapy Examiners <is hereby created. The board is
51-18 created as a part of the commission and shall perform its duties as
51-19 a board with the commission. The board> shall consist of six
51-20 members appointed by the governor with the advice and consent of
51-21 the senate for staggered terms of six years<, except for the first
51-22 board appointed hereunder>. Appointments to the board shall be
51-23 made without regard to the race, creed, sex, religion, or national
51-24 origin of the appointees. Members of the board are appointed for
51-25 staggered terms of six years, with two members' terms expiring on
51-26 February 1 of each odd-numbered year. <In making the initial
51-27 appointments, the governor shall designate two members for terms
52-1 expiring February 1, 1985, two members for terms expiring February
52-2 1, 1987, and two members for terms expiring February 1, 1989. The
52-3 appointments shall be made within 30 days after this Act becomes
52-4 effective.>
52-5 (b) Three members of the board must be occupational
52-6 therapists, be residents of this state, and have practiced
52-7 occupational therapy for at least three years immediately preceding
52-8 appointment. One member of the board must be an occupational
52-9 therapy assistant, be a resident of this state, and have practiced
52-10 as an occupational therapy assistant for at least three years
52-11 immediately preceding appointment. All four of these members of
52-12 the board must be licensed under this Act<, except for the members
52-13 of the first board appointed hereunder>. Two members of the board
52-14 must be public members <of the general public> who are not
52-15 occupational therapists.
52-16 (c) <A member or employee of the board may not be an
52-17 officer, employee, or paid consultant of a trade association in the
52-18 field of occupational therapy.>
52-19 <(d) A member or employee of the board may not be related
52-20 within the second degree by affinity or consanguinity, as
52-21 determined under Article 5996h, Revised Statutes, to a person who
52-22 is an officer, employee, or paid consultant of a trade association
52-23 in the field of occupational therapy.>
52-24 <(e)> A vacancy on the board shall be filled by appointment
52-25 by the governor with the advice and consent of the senate for the
52-26 remainder of the term.
52-27 (d) <(f)> A member of the board is not liable to civil
53-1 action for any act performed in good faith in the execution of his
53-2 or her duties in this capacity.
53-3 (e) The members of the board shall, on appointment, elect
53-4 from their number a presiding officer, a secretary, and other
53-5 officers required for the conduct of business.
53-6 (f) The coordinator of occupational therapy programs shall
53-7 keep a record of each meeting of the board and maintain a register
53-8 containing the names of all persons licensed under this Act, which
53-9 shall be at all times open to public inspection. On March 1 of
53-10 each year, the coordinator of occupational therapy programs shall
53-11 transmit an official copy of the list of the licensees to the
53-12 executive council and the secretary of state for permanent record,
53-13 a certified copy of which shall be admissible as evidence in any
53-14 court of this state.
53-15 <(g) The Texas Advisory Board of Occupational Therapy is
53-16 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
53-17 continued in existence as provided by that chapter, the board is
53-18 abolished and this Act expires September 1, 1993.>
53-19 SECTION 3.04. The Occupational Therapy Title Act (Article
53-20 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
53-21 3A through 3M to read as follows:
53-22 Sec. 3A. MEETINGS; COMPENSATION. (a) The board shall hold
53-23 at least two regular meetings each year at which time an
53-24 examination for a license under a law administered by the board
53-25 shall be offered. Additional meetings may be held on the call of
53-26 the presiding officer or at the written request of three members of
53-27 the board.
54-1 (b) A member of the board is entitled to a per diem as set
54-2 by the General Appropriations Act for each day that the member
54-3 engages in the business of the board. A member may not receive any
54-4 reimbursement for travel expenses, including expenses for meals and
54-5 lodging, other than transportation expenses as provided by the
54-6 General Appropriations Act.
54-7 Sec. 3B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
54-8 eligible for appointment as a public member of the board if the
54-9 person or the person's spouse:
54-10 (1) is registered, certified, or licensed by an
54-11 occupational regulatory agency in the field of health care;
54-12 (2) is employed by or participates in the management
54-13 of a business entity or other organization regulated by the
54-14 executive council or the board or receiving funds from the
54-15 executive council or the board;
54-16 (3) owns or controls, directly or indirectly, more
54-17 than a 10 percent interest in a business entity or other
54-18 organization regulated by the executive council or the board or
54-19 receiving funds from the executive council or the board; or
54-20 (4) uses or receives a substantial amount of tangible
54-21 goods, services, or funds from the executive council or the board,
54-22 other than compensation or reimbursement authorized by law for
54-23 executive council or board membership, attendance, or expenses.
54-24 Sec. 3C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
54-25 officer, employee, or paid consultant of a Texas trade association
54-26 in the field of health care may not be a board member.
54-27 (b) A person who is the spouse of an officer, manager, or
55-1 paid consultant of a Texas trade association in the field of health
55-2 care may not be a board member.
55-3 (c) For the purposes of this section, a Texas trade
55-4 association is a nonprofit, cooperative, and voluntarily joined
55-5 association of business or professional competitors in this state
55-6 designed to assist its members and its industry or profession in
55-7 dealing with mutual business or professional problems and in
55-8 promoting their common interest.
55-9 Sec. 3D. EFFECT OF LOBBYING ACTIVITY. A person may not
55-10 serve as a board member if the person is required to register as a
55-11 lobbyist under Chapter 305, Government Code, and its subsequent
55-12 amendments, because of the person's activities for compensation on
55-13 behalf of a profession related to the operation of the executive
55-14 council or the board.
55-15 Sec. 3E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
55-16 ground for removal from the board if a member:
55-17 (1) does not have at the time of appointment the
55-18 qualifications required by Section 3 of this Act;
55-19 (2) does not maintain during service on the board the
55-20 qualifications required by Section 3 of this Act;
55-21 (3) violates a prohibition established by Section 3C
55-22 or 3D of this Act;
55-23 (4) cannot discharge the member's duties for a
55-24 substantial part of the term for which the member is appointed
55-25 because of illness or disability; or
55-26 (5) is absent from more than half of the regularly
55-27 scheduled board meetings that the member is eligible to attend
56-1 during a calendar year unless the absence is excused by majority
56-2 vote of the board.
56-3 (b) The validity of an action of the board is not affected
56-4 by the fact that it is taken when a ground for removal of a board
56-5 member exists.
56-6 (c) If the coordinator of occupational therapy programs has
56-7 knowledge that a potential ground for removal exists, the
56-8 coordinator shall notify the presiding officer of the board of the
56-9 ground. The presiding officer shall then notify the governor that
56-10 a potential ground for removal exists.
56-11 Sec. 3F. STAFF. (a) The board may request the executive
56-12 council to assign administrative and clerical employees as
56-13 necessary to carry out the board's functions.
56-14 (b) The board shall develop and implement policies that
56-15 clearly define the respective responsibilities of the board and the
56-16 staff of the executive council.
56-17 Sec. 3G. REGULATORY STATUTES ADMINISTERED. Except as
56-18 provided by other statutes, the board shall administer and enforce
56-19 this Act.
56-20 Sec. 3H. PUBLIC INTEREST INFORMATION. The board shall
56-21 prepare information of public interest describing the functions of
56-22 the board and the board's procedures by which complaints are filed
56-23 with and resolved by the board. The board shall make the
56-24 information available to the public and appropriate state agencies.
56-25 Sec. 3I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
56-26 shall develop and implement policies that provide the public with a
56-27 reasonable opportunity to appear before the board and to speak on
57-1 any issue under the jurisdiction of the board.
57-2 Sec. 3J. PROGRAM ACCESSIBILITY. The board shall prepare and
57-3 maintain a written plan that describes how a person who does not
57-4 speak English can be provided reasonable access to the board's
57-5 programs. The board shall also comply with federal and state laws
57-6 for program and facility accessibility.
57-7 Sec. 3K. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
57-8 (a) The board shall establish a training program for the members
57-9 of the board.
57-10 (b) Before a member of the board may assume the member's
57-11 duties, the member must complete at least one course of the
57-12 training program established under this section.
57-13 (c) A training program established under this section shall
57-14 provide information to a participant regarding:
57-15 (1) the enabling legislation that created the board to
57-16 which the member is appointed;
57-17 (2) the programs operated by the agency;
57-18 (3) the role and functions of the agency;
57-19 (4) the rules of the agency with an emphasis on the
57-20 rules that relate to disciplinary and investigatory authority;
57-21 (5) the current budget for the agency;
57-22 (6) the results of the most recent formal audit of the
57-23 agency;
57-24 (7) the requirements of the:
57-25 (A) open meetings law, Chapter 271, Acts of the
57-26 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
57-27 Texas Civil Statutes), and its subsequent amendments;
58-1 (B) open records law, Chapter 424, Acts of the
58-2 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
58-3 Texas Civil Statutes), and its subsequent amendments; and
58-4 (C) Administrative Procedure and Texas Register
58-5 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
58-6 subsequent amendments;
58-7 (8) the requirements of the conflict of interest laws
58-8 and other laws relating to public officials; and
58-9 (9) any applicable ethics policies adopted by that
58-10 state agency or the Texas Ethics Commission.
58-11 (d) In developing the training requirements provided for in
58-12 this section, the board shall consult with the governor's office,
58-13 the attorney general's office, and the Texas Ethics Commission.
58-14 (e) In the event that another state agency or entity is
58-15 given the authority to establish the training requirements, the
58-16 board shall allow that training in lieu of developing its own
58-17 program.
58-18 Sec. 3L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
58-19 board is subject to:
58-20 (1) the open meetings law, Chapter 271, Acts of the
58-21 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
58-22 Texas Civil Statutes), and its subsequent amendments; and
58-23 (2) the Administrative Procedure and Texas Register
58-24 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
58-25 subsequent amendments.
58-26 Sec. 3M. SUNSET PROVISION. The Texas Board of Occupational
58-27 Therapy Examiners is subject to Chapter 325, Government Code (Texas
59-1 Sunset Act), and its subsequent amendments. Unless continued in
59-2 existence as provided by that chapter, the board is abolished and
59-3 this Act expires September 1, 2005.
59-4 SECTION 3.05. Section 5, Occupational Therapy Title Act
59-5 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
59-6 as follows:
59-7 Sec. 5. Powers and Duties of the Board. (a) The board
59-8 shall approve applicants for licenses at least once each year at
59-9 such reasonable times and places as shall be designated by the
59-10 board in its discretion.
59-11 (b) <The board may collect fees for licenses, license
59-12 renewals, examinations, and all other administrative expenses. If
59-13 the General Appropriations Act does not set the amount of those
59-14 fees, the board shall set the fees in amounts that will recover the
59-15 amount appropriated for the operation of the board from the General
59-16 Revenue Fund.>
59-17 <(c)> The board shall approve the examination as described
59-18 in Subsection (b) of Section 17 of this Act.
59-19 (c) <(d)> The board shall adopt rules consistent with this
59-20 Act to carry out its duties in administering this Act. <may
59-21 investigate complaints; issue, suspend, deny, and revoke licenses;
59-22 reprimand licensees and place them on probation; issue subpoenas;
59-23 and hold hearings. The board shall keep an information file about
59-24 each complaint that is filed with the board relating to a licensee
59-25 or an entity regulated by the board. If a written complaint is
59-26 filed with the board relating to a licensee or entity regulated by
59-27 the board, the board shall notify the parties to the complaint of
60-1 the status of the complaint unless the notice would jeopardize an
60-2 undercover investigation. The board shall notify the parties to
60-3 the complaint at least as frequently as quarterly until the final
60-4 disposition of the complaint.>
60-5 <(e) The board shall propose rules consistent with this Act
60-6 to carry out its duties in administering this Act, shall submit
60-7 said rules to the office of the Attorney General of Texas for
60-8 review, and shall then adopt rules consistent with the advice of
60-9 the attorney general. In adopting its rules, the board shall
60-10 consider any applicable policies and procedures of the commission.>
60-11 <(f) The commissioner with the advice of the board shall
60-12 appoint an executive director to implement the purposes of this Act
60-13 at a salary as determined by legislative appropriation.>
60-14 <(g) The executive director of the board or her/his designee
60-15 shall develop an intraagency career ladder program, one part of
60-16 which shall be the intraagency posting of all nonentry level
60-17 positions for at least 10 days before any public posting.>
60-18 <(h) The executive director of the board or her/his designee
60-19 shall develop a system of annual performance evaluation based on
60-20 measurable job tasks. All merit pay for board employees must be
60-21 based on the system established under this section.>
60-22 <(i) The board shall contract for space, computer services,
60-23 office materials, employees, and any other needed services,
60-24 materials, or assistants deemed necessary.>
60-25 <(j) The board shall prepare information of consumer
60-26 interest describing the regulatory functions of the board and the
60-27 legal rights of consumers as provided in this Act.>
61-1 <(k) The board shall assist the proper legal authorities in
61-2 the prosecution of all persons violating any provisions of this
61-3 Act.>
61-4 <(l) The board shall prepare or approve continuing education
61-5 programs for licensees and shall require each licensee to
61-6 participate in an approved continuing education program in order to
61-7 renew a license issued under this Act.>
61-8 <(m) The board shall develop and implement policies that
61-9 clearly define the respective responsibilities of the governing
61-10 body of the board and the staff of the board.>
61-11 SECTION 3.06. The Occupational Therapy Title Act (Article
61-12 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
61-13 5A through 5E to read as follows:
61-14 Sec. 5A. MANDATORY CONTINUING EDUCATION. (a) The board by
61-15 rule shall establish a minimum number of hours of continuing
61-16 education required to renew a license under this Act. The board
61-17 may assess the continuing education needs of licensees and may
61-18 require licensees to attend continuing education courses specified
61-19 by the board. The board by rule shall develop a process to
61-20 evaluate and approve continuing education courses.
61-21 (b) The board shall identify the key factors for the
61-22 competent performance by a licensee of the licensee's professional
61-23 duties. The board shall adopt a procedure to assess a licensee's
61-24 participation in continuing education programs.
61-25 Sec. 5B. COMPLAINT INFORMATION. (a) The board shall keep
61-26 an information file about each complaint filed with the executive
61-27 council and referred to the board. The board's information file
62-1 shall be kept current and contain a record for each complaint of:
62-2 (1) all persons contacted in relation to the
62-3 complaint;
62-4 (2) a summary of findings made at each step of the
62-5 complaint process;
62-6 (3) an explanation of the legal basis and reason for a
62-7 complaint that is dismissed; and
62-8 (4) other relevant information.
62-9 (b) If a written complaint is received by the board that the
62-10 board has authority to resolve, the board, at least as frequently
62-11 as quarterly and until final disposition of the complaint, shall
62-12 notify the parties to the complaint of the status of the complaint
62-13 unless the notice would jeopardize an undercover investigation.
62-14 (c) The board by rule shall adopt a form to standardize
62-15 information concerning complaints made to the board. The board by
62-16 rule shall prescribe information to be provided to a person when
62-17 the person files a complaint received by the board.
62-18 (d) The board shall provide reasonable assistance to a
62-19 person who wishes to file a complaint.
62-20 Sec. 5C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
62-21 board shall adopt rules concerning the investigation of a complaint
62-22 received by the board. The rules adopted under this subsection
62-23 shall:
62-24 (1) distinguish between categories of complaints;
62-25 (2) ensure that complaints are not dismissed without
62-26 appropriate consideration;
62-27 (3) require that the board be advised of a complaint
63-1 that is dismissed and that a letter be sent to the person who filed
63-2 the complaint explaining the action taken on the dismissed
63-3 complaint;
63-4 (4) ensure that the person who filed the complaint has
63-5 an opportunity to explain the allegations made in the complaint;
63-6 (5) prescribe guidelines concerning the categories of
63-7 complaints that require the use of a private investigator and the
63-8 procedures for the board to obtain the services of a private
63-9 investigator; and
63-10 (6) require the board to advise the executive council
63-11 of complaints disposed of.
63-12 (b) The board shall dispose of all complaints in a timely
63-13 manner. The board shall establish a timeline for conducting each
63-14 phase of a complaint that is under the control of the board not
63-15 later than the 30th day after the date the complaint is received by
63-16 the board. The timeline shall be kept in the information file for
63-17 the complaint and all parties shall be notified of the projected
63-18 time requirements for pursuing the complaint. A change in the
63-19 timeline must be noted in the complaint information file and all
63-20 parties to the complaint must be notified not later than the
63-21 seventh day after the date the change is made.
63-22 (c) The coordinator of occupational therapy programs of the
63-23 board shall notify the board of a complaint that extends beyond the
63-24 time prescribed by the board for resolving the complaint so that
63-25 the board may take necessary action on the complaint.
63-26 Sec. 5D. INFORMAL PROCEEDINGS. (a) The board by rule shall
63-27 adopt procedures governing:
64-1 (1) informal disposition of a contested case under
64-2 Section 13(e), Administrative Procedure and Texas Register Act
64-3 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
64-4 subsequent amendments; and
64-5 (2) informal proceedings held in compliance with
64-6 Section 18(c), Administrative Procedure and Texas Register Act
64-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
64-8 subsequent amendments.
64-9 (b) Rules adopted under this section must provide the
64-10 complainant and the licensee an opportunity to be heard and must
64-11 require the presence of a representative of the office of the
64-12 attorney general or the board's legal counsel to advise the board
64-13 or board's employees.
64-14 Sec. 5E. MONITORING OF LICENSEE. The board by rule shall
64-15 develop a system for monitoring licensees' compliance with the
64-16 requirements of this Act. Rules adopted under this section shall
64-17 include procedures for monitoring a licensee who is ordered by the
64-18 board to perform certain acts to ascertain that the licensee
64-19 performs the required acts and to identify and monitor licensees
64-20 who represent a risk to the public.
64-21 SECTION 3.07. Section 17, Occupational Therapy Title Act
64-22 (Article 8851, Vernon's Texas Civil Statutes), is amended by
64-23 amending Subsections (a), (b), and (e) and adding Subsection (f) to
64-24 read as follows:
64-25 (a) Only a person satisfying the requirements of Section 16,
64-26 except Subdivision (3) <Subsection (e)> of Section 16, may apply
64-27 for examination in such a manner as the board shall prescribe. The
65-1 application shall be accompanied by the nonrefundable fee
65-2 prescribed by the executive council <Subdivision (1) of Subsection
65-3 (b) of Section 5 of this Act>.
65-4 (b) Each applicant for licensure shall be examined by
65-5 written examination to test the applicant's <his or her> knowledge
65-6 of the basic and clinical sciences relating to occupational
65-7 therapy, occupational therapy techniques and methods, and such
65-8 other subjects as the board may require to determine the
65-9 applicant's fitness to practice. The board shall approve an
65-10 examination for occupational therapists and an examination for
65-11 occupational therapy assistants and establish standards for
65-12 acceptable performance. The board shall have the written portion
65-13 of an examination validated by an independent testing entity.
65-14 (e) In case of failure of any examination the applicant
65-15 shall have the privilege of a second examination on payment of the
65-16 prescribed fees. In case of a second failure, the applicant shall
65-17 be eligible for a third examination, but shall, in addition to the
65-18 requirements for previous examinations, have to wait a specific
65-19 period not to exceed one year before reexamination. Further
65-20 testing will be at the discretion of the board. If requested in
65-21 writing by a person who fails a licensing examination administered
65-22 under this Act, the board shall furnish the person with an analysis
65-23 of the person's performance on the examination.
65-24 (f) Not later than the 30th day after the date on which a
65-25 licensing examination is administered under this Act, the board
65-26 shall notify each examinee of the results of the examination.
65-27 However, if an examination is graded or reviewed by a national
66-1 testing service, the board shall notify examinees of the results of
66-2 the examination not later than the 14th day after the date on which
66-3 the board receives the results from the testing service. If the
66-4 notice of examination results graded or reviewed by a national
66-5 testing service will be delayed for longer than 90 days after the
66-6 examination date, the board shall notify the examinee of the reason
66-7 for the delay before the 90th day.
66-8 SECTION 3.08. Section 18, Occupational Therapy Title Act
66-9 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
66-10 as follows:
66-11 Sec. 18. PROVISIONAL LICENSES <LICENSE BY ENDORSEMENT>.
66-12 (a) On application, the board shall grant a provisional license
66-13 for the practice of occupational therapy. An applicant for a
66-14 provisional license under this section must:
66-15 (1) be licensed in good standing as an occupational
66-16 therapist or occupational therapy assistant in another state, the
66-17 District of Columbia, or a territory of the United States that has
66-18 licensing requirements that are substantially equivalent to the
66-19 requirements of this Act;
66-20 (2) have passed a national or other examination
66-21 recognized by the board relating to the practice of occupational
66-22 therapy; and
66-23 (3) be sponsored by a person licensed by the board
66-24 under this Act with whom the provisional licensee may practice
66-25 under this section.
66-26 (b) An applicant for a provisional license may be excused
66-27 from the requirement of Subsection (a)(3) of this section if the
67-1 board determines that compliance with that subsection constitutes a
67-2 hardship to the applicant.
67-3 (c) A provisional license is valid until the date the board
67-4 approves or denies the provisional licensee's application for a
67-5 license. The board shall issue a license under this Act to the
67-6 holder of a provisional license under this section if:
67-7 (1) the provisional licensee passes a jurisprudence
67-8 examination, if required;
67-9 (2) the board verifies that the provisional licensee
67-10 has the academic and experience requirements for a license under
67-11 this Act; and
67-12 (3) the provisional licensee satisfies any other
67-13 license requirements under this Act.
67-14 (d) The board must complete the processing of a provisional
67-15 licensee's application for a license not later than the 180th day
67-16 after the date the provisional license is issued. The board may
67-17 extend the 180-day limit if the results of an examination have not
67-18 been received by the board <A person who is licensed or otherwise
67-19 registered as an occupational therapist or as an occupational
67-20 therapy assistant by another state, the District of Columbia, or a
67-21 commonwealth or territory of the United States whose requirements
67-22 for licensing or registration were at the date of licensing or
67-23 registration substantially equal to the requirements prescribed by
67-24 this Act may receive an occupational therapist license without
67-25 examination, on submission of an application on a form prescribed
67-26 by the board and payment of an endorsement license fee prescribed
67-27 by the board.>
68-1 <(b) The board may also waive examination requirements for a
68-2 person who is certified by a national association approved by the
68-3 board and who is currently practicing in a state that does not
68-4 require a license or other form of registration>.
68-5 SECTION 3.09. Section 20, Occupational Therapy Title Act
68-6 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
68-7 as follows:
68-8 Sec. 20. Foreign-Trained Applicants. Foreign-trained
68-9 occupational therapists and occupational therapy assistants shall
68-10 satisfy the examination requirements of Subdivision (3) <Subsection
68-11 (e)> of Section 16. The board shall require foreign-trained
68-12 applicants to furnish proof of good moral character and completion
68-13 of educational and supervised field work requirements substantially
68-14 equal to those contained in Section 16 before taking the
68-15 examination.
68-16 SECTION 3.10. Section 22, Occupational Therapy Title Act
68-17 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
68-18 as follows:
68-19 Sec. 22. Temporary License. <(a)> The board by rule may
68-20 provide for the issuance of a temporary license. Rules adopted
68-21 under this section shall include a time limit for a licensee to
68-22 remain on temporary status. A holder of a temporary license shall
68-23 practice under the supervision of an occupational therapist
68-24 licensed by the board <may issue a temporary license without
68-25 examination to a person who is a recent graduate of an institution
68-26 of higher education in the United States if the person has applied
68-27 for a license, has applied to take the licensing examination, and
69-1 meets the requirements for license under Section 16 of this Act. A
69-2 person who holds a temporary license may practice only under the
69-3 supervision of a person who holds a regular license. A temporary
69-4 license expires on notification of the results of the licensing
69-5 examination. Issuance of a temporary license following failure of
69-6 part or all of the examination shall be according to rules adopted
69-7 by the board.>
69-8 <(b) The board shall issue a temporary license to a person
69-9 who has applied for endorsement of her/his license under the
69-10 provisions of Section 18 of this Act. On approval by the board of
69-11 the application and payment of fees, the board shall issue a
69-12 permanent license on the issuance of which the temporary license
69-13 issued under this provision shall expire>.
69-14 SECTION 3.11. Section 24, Occupational Therapy Title Act
69-15 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
69-16 as follows:
69-17 Sec. 24. Renewal of Unexpired License. (a) The board by
69-18 rule may adopt a system under which licenses expire on various
69-19 dates during the year. For the year in which the license
69-20 expiration date is changed, license fees shall be prorated on a
69-21 monthly basis so that each licensee shall pay only that portion of
69-22 the license fee that is allocable to the number of months during
69-23 which the license is valid. On renewal of the license on the new
69-24 expiration date, the total license renewal fee is payable <A
69-25 license issued under this Act, unless otherwise provided in this
69-26 Act, expires on the licensee's birthday, except for licenses which
69-27 would thereby expire before January 1, 1985, which licenses shall
70-1 not expire until the licensee's first birthday after that date>.
70-2 (b) A person may renew an unexpired license by paying to the
70-3 executive council before the expiration date of the license the
70-4 required <A renewal license shall be issued on submission of an
70-5 application on a form prescribed by the board and payment of a>
70-6 renewal fee <before the expiration date of the license>.
70-7 SECTION 3.12. Section 25, Occupational Therapy Title Act
70-8 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
70-9 as follows:
70-10 Sec. 25. Renewal of Expired License. (a) If a person's
70-11 license has been expired for <not more than> 90 days or less, the
70-12 person may renew the license by paying to the executive council
70-13 <board> the required renewal fee plus a <late> fee in an amount
70-14 that is one-half of the examination fee for the license <fee>.
70-15 (b) If a person's license has been expired for more than 90
70-16 days but less than one year <two years>, the person may renew the
70-17 license by paying to the executive council <board> all unpaid
70-18 renewal fees and a <late> fee that is equal to the examination fee
70-19 for the license <fee>.
70-20 (c) If a person's license has been expired for one year <two
70-21 years> or more, the person may not renew the license. The person
70-22 may obtain a new license by <applying for a license,> submitting to
70-23 reexamination<,> and complying with the requirements and procedures
70-24 for obtaining an original license. However, the board may renew
70-25 without reexamination an expired license of a person who was
70-26 licensed in this state, moved to another state, and has been in
70-27 practice <legally practicing> in the other state for the two years
71-1 preceding <the> application <for renewal>. The person must <shall>
71-2 pay to the executive council <board> a renewal fee that is equal to
71-3 the examination fee for the license <fee>.
71-4 (d) At least 30 days <Not later than the 30th day> before
71-5 the expiration <date> of a person's license, the executive council
71-6 <board> shall send written notice of the impending license
71-7 expiration to the person at the person's last known address.
71-8 SECTION 3.13. Section 25A, Occupational Therapy Title Act
71-9 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
71-10 as follows:
71-11 Sec. 25A. Inactive Status List. The board by rule may
71-12 provide for a person who holds a license under this Act to be
71-13 placed on inactive status. Rules adopted under this section shall
71-14 include a time limit for a licensee to remain on inactive status
71-15 <(a) A person who holds a license under this Act and who is not
71-16 actively engaged in the practice of occupational therapy may apply
71-17 to the board in writing to be placed on an inactive status list
71-18 maintained by the board. The person must apply for inactive status
71-19 before the expiration of the person's license. A person on
71-20 inactive status is not required to pay the annual renewal fee.>
71-21 <(b) A person on inactive status may not perform any
71-22 activities regulated under this Act.>
71-23 <(c) If a person on inactive status desires to reenter
71-24 active practice, the person shall notify the board in writing. The
71-25 board shall remove the person from the inactive status list on
71-26 payment of an administrative fee and on compliance with educational
71-27 or other requirements set by the board by rule>.
72-1 SECTION 3.14. Section 26, Occupational Therapy Title Act
72-2 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
72-3 as follows:
72-4 Sec. 26. Title. A licensed occupational therapist may use
72-5 the title "Occupational Therapist Registered" and the initials
72-6 "O.T.R." No other person may be designated or permitted to use the
72-7 terms "Occupational Therapist Registered" or "O.T.R." A licensed
72-8 occupational therapy assistant may use the title "Certified
72-9 Occupational Therapy Assistant" and the initials "C.O.T.A." No
72-10 other person may be designated or permitted to use the terms
72-11 "Certified Occupational Therapy Assistant" or "C.O.T.A." Neither
72-12 title authorizes the use of the prefix "Dr.," the word "Doctor," or
72-13 any suffix or affix indicating or implying that the licensed person
72-14 is a physician.
72-15 SECTION 3.15. Subsections (a), (b), and (c), Section 28,
72-16 Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
72-17 Statutes), are amended to read as follows:
72-18 (a) A person may not practice or represent himself or
72-19 herself as able to practice occupational therapy or act as or
72-20 represent himself or herself as being an occupational therapist
72-21 unless he or she is licensed under this Act.
72-22 (b) A person may not act as or represent himself or herself
72-23 as being an occupational therapy assistant unless he or she is
72-24 licensed under this Act.
72-25 (c) It is unlawful for any person who is not licensed under
72-26 this Act as an occupational therapist or an occupational therapy
72-27 assistant or whose registration has been suspended or revoked to:
73-1 (1) use in connection with his or her practice or
73-2 place of business the words "occupational therapy," "occupational
73-3 therapist," "licensed occupational therapist," "occupational
73-4 therapist registered," "occupational therapy assistant," "licensed
73-5 occupational therapy assistant," "certified occupational therapy
73-6 assistant," or the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.,"
73-7 "O.T.A.," "L.O.T.A.," or "C.O.T.A.," or any other words, letters,
73-8 abbreviations, or insignia indicating or implying that he or she is
73-9 an occupational therapist or an occupational therapy assistant;
73-10 (2) <or who> in any way, orally, in writing, in print,
73-11 or by sign directly or by implication represent <represents>
73-12 himself or herself as an occupational therapist or an occupational
73-13 therapy assistant; or
73-14 (3) in any way, orally, in writing, in print, or by
73-15 sign, or in any other way, directly or indirectly, represent that
73-16 occupational therapy is provided or supplied, or extend or provide
73-17 occupational therapy services unless the services are provided by
73-18 an occupational therapist or an occupational therapy assistant
73-19 licensed under this Act.
73-20 SECTION 3.16. Section 30, Occupational Therapy Title Act
73-21 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
73-22 as follows:
73-23 Sec. 30. Denial, Suspension, or Revocation of a License;
73-24 Discipline of a Licensee. (a) If the State Office of
73-25 Administrative Hearings <board> proposes to deny a license, <or> to
73-26 suspend or revoke a license, or to take other disciplinary action
73-27 against a licensee the applicant or licensee is entitled to a
74-1 hearing before the board <or before a hearing officer appointed by
74-2 the board>. All final decisions shall be made by the board.
74-3 (b) After a final decision by the board <hearing>, a license
74-4 may be denied, suspended, or revoked or a licensee otherwise
74-5 disciplined if the applicant or licensee has:
74-6 (1) used drugs or intoxicating liquors to an extent
74-7 that affects his or her professional competence;
74-8 (2) been convicted of a crime, other than minor
74-9 offenses defined as "minor misdemeanors," "violations," or
74-10 "offenses," in any court if the acts for which he or she was
74-11 convicted are found by the board to have a direct bearing on
74-12 whether he or she should be entrusted to service the public in the
74-13 capacity of an occupational therapist or occupational therapy
74-14 assistant;
74-15 (3) obtained or attempted to obtain a license by fraud
74-16 or deception;
74-17 (4) been grossly negligent in the practice of
74-18 occupational therapy or in acting as an occupational therapy
74-19 assistant;
74-20 (5) been adjudicated mentally incompetent by a court
74-21 of competent jurisdiction;
74-22 (6) practiced occupational therapy in a manner
74-23 detrimental to the public health and welfare;
74-24 (7) advertised in a manner that in any way tends to
74-25 deceive or defraud the public; or
74-26 (8) had his or her license to practice occupational
74-27 therapy revoked or suspended or had other disciplinary action taken
75-1 against him or her or had his or her application for a license
75-2 refused, revoked, or suspended by the proper licensing authority of
75-3 another state, territory, or nation.
75-4 SECTION 3.17. Section 31, Occupational Therapy Title Act
75-5 (Article 8851, Vernon's Texas Civil Statutes), is amended by
75-6 amending Subsections (b) and (c) and adding Subsection (d) to read
75-7 as follows:
75-8 (b) The board may deny or refuse to renew a license, may
75-9 suspend or revoke a license, may reprimand a licensee, or may
75-10 impose probationary conditions after a hearing by the State Office
75-11 of Administrative Hearings as provided by Section 30 of this Act.
75-12 If a license suspension is probated, the board may require the
75-13 licensee to:
75-14 (1) report regularly to the board on matters that are
75-15 the basis of the probation;
75-16 (2) limit practice to the areas prescribed by the
75-17 board; or
75-18 (3) continue or review continuing professional
75-19 education until the licensee attains a degree of skill satisfactory
75-20 to the board in those areas that are the basis of the probation.
75-21 (c) The schedule of sanctions adopted by the board by rule
75-22 shall be used by the State Office of Administrative Hearings for
75-23 any sanction imposed as the result of a hearing conducted by that
75-24 office <in the manner provided by the rules adopted by the board>.
75-25 (d) <(c)> On application, the board may reissue a license to
75-26 a person whose license has been denied or who has been disciplined
75-27 by the board, but the application may not be made before the 180th
76-1 day after the date the order of denial or discipline became final,
76-2 and the application must be made in the manner and form required by
76-3 the board.
76-4 SECTION 3.18. The Occupational Therapy Title Act (Article
76-5 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
76-6 31A through 31D to read as follows:
76-7 Sec. 31A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
76-8 may not adopt rules restricting competitive bidding or advertising
76-9 by a person regulated by the board except to prohibit false,
76-10 misleading, or deceptive practices by the person.
76-11 (b) The board may not include in its rules to prohibit
76-12 false, misleading, or deceptive practices by a person regulated by
76-13 the board a rule that:
76-14 (1) restricts the use of any medium for advertising;
76-15 (2) restricts the person's personal appearance or use
76-16 of the person's voice in an advertisement;
76-17 (3) relates to the size or duration of an
76-18 advertisement by the person; or
76-19 (4) restricts the person's advertisement under a trade
76-20 name.
76-21 Sec. 31B. REGISTRATION OF FACILITIES. (a) The board by
76-22 rule shall adopt requirements for the registration and renewal of a
76-23 registration of a facility in which the practice of occupational
76-24 therapy is conducted. A facility licensed under Subtitle B, Title
76-25 4, Health and Safety Code, is exempt from registration requirements
76-26 under this section. The board by rule may exempt other facilities
76-27 as appropriate.
77-1 (b) If one or more facilities are owned by an individual,
77-2 partnership, corporation, or other entity, the board may require
77-3 only one application for the registration of all facilities.
77-4 (c) The board by rule shall adopt a procedure whereby a
77-5 facility in which the practice of occupational therapy is conducted
77-6 may apply for exemption from any fees for registration under this
77-7 section.
77-8 Sec. 31C. FEES. The board may recommend to the executive
77-9 council the reasonable and necessary fees for licenses issued or
77-10 services performed under this Act so that the fees, in the
77-11 aggregate, produce sufficient revenue to cover the cost of
77-12 administering this Act. The board may not recommend a fee to the
77-13 executive council for an amount less than the amount of that fee on
77-14 September 1, 1993.
77-15 Sec. 31D. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
77-16 relating to the administration of this Act are performed in
77-17 accordance with Article 4512e-1, Revised Statutes. To the extent
77-18 of a conflict between this Act and Article 4512e-1, Revised
77-19 Statutes, that article controls.
77-20 ARTICLE 4. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
77-21 SECTION 4.01. (a) As soon as possible after the effective
77-22 date of this Act, the governor, the Texas Board of Physical Therapy
77-23 Examiners, and the Texas Board of Occupational Therapy Examiners
77-24 shall appoint the initial members of the Executive Council of
77-25 Physical Therapy and Occupational Therapy Examiners in accordance
77-26 with Article 4512e-1, Revised Statutes, as added by this Act.
77-27 (b) The obligations, rights, contracts, records and other
78-1 property, and personnel of, and unspent money appropriated to or
78-2 for, the Texas Board of Physical Therapy Examiners and the Texas
78-3 Advisory Board of Occupational Therapy are transferred to the
78-4 Executive Council of Physical Therapy and Occupational Therapy
78-5 Examiners.
78-6 (c) The rules of the Texas Board of Physical Therapy
78-7 Examiners and the Texas Advisory Board of Occupational Therapy are
78-8 continued in effect as rules of the Executive Council of Physical
78-9 Therapy and Occupational Therapy Examiners until superseded by rule
78-10 of the new council.
78-11 (d) The licenses in effect that were issued by the Texas
78-12 Board of Physical Therapy Examiners and the Texas Advisory Board of
78-13 Occupational Therapy are continued in effect as licenses of the
78-14 Executive Council of Physical Therapy and Occupational Therapy
78-15 Examiners.
78-16 SECTION 4.02. The following laws are repealed:
78-17 (1) Section 5, Chapter 836, Acts of the 62nd
78-18 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
78-19 Civil Statutes); and
78-20 (2) Sections 4, 6 through 14, 19, and 21, Occupational
78-21 Therapy Title Act (Article 8851, Vernon's Texas Civil Statutes).
78-22 SECTION 4.03. This Act takes effect September 1, 1993.
78-23 SECTION 4.04. The importance of this legislation and the
78-24 crowded condition of the calendars in both houses create an
78-25 emergency and an imperative public necessity that the
78-26 constitutional rule requiring bills to be read on three several
78-27 days in each house be suspended, and this rule is hereby suspended.