1-1 By: Carriker S.B. No. 690
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 29, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 29, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan
1-17 Wentworth
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 690 By: Madla
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of the practice of physical therapy and
1-22 occupational therapy, including the creation of the Executive
1-23 Council of Physical Therapy and Occupational Therapy Examiners and
1-24 the continuation and modification of the Texas Board of Physical
1-25 Therapy Examiners and The Texas Advisory Board of Occupational
1-26 Therapy.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 ARTICLE 1.
1-29 EXECUTIVE COUNCIL OF PHYSICAL THERAPY
1-30 AND OCCUPATIONAL THERAPY EXAMINERS
1-31 SECTION 1.01. Chapter 6D, Title 71, Revised Statutes, is
1-32 amended by adding Article 4512e-1 to read as follows:
1-33 Art. 4512e-1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-34 OCCUPATIONAL THERAPY EXAMINERS
1-35 Sec. 1. DEFINITIONS. In this article:
1-36 (1) "Executive council" means the Executive Council of
1-37 Physical Therapy and Occupational Therapy Examiners.
1-38 (2) "Occupational therapy board" means the Texas Board
1-39 of Occupational Therapy Examiners.
1-40 (3) "Physical therapy board" means the Texas Board of
1-41 Physical Therapy Examiners.
1-42 Sec. 2. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
1-43 OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of
1-44 Physical Therapy and Occupational Therapy Examiners consists of:
1-45 (1) an occupational therapist member of the
1-46 occupational therapy board;
1-47 (2) a public member of the occupational therapy board;
1-48 (3) a physical therapist member of the physical
1-49 therapy board;
1-50 (4) a public member of the physical therapy board; and
1-51 (5) a public member appointed by the governor.
1-52 (b) The members of the executive council who serve also as
1-53 members of the occupational therapy board or the physical therapy
1-54 board are appointed to the executive council by the board on which
1-55 they serve. The occupational therapy board and the physical
1-56 therapy board may also designate an alternate to attend any
1-57 executive council meeting the appointed member cannot attend. The
1-58 alternate has the same powers and duties and is subject to the same
1-59 qualifications as the appointed member.
1-60 (c) The member appointed by the governor is the presiding
1-61 officer of the executive council.
1-62 (d) Appointments to the executive council shall be made
1-63 without regard to the race, color, disability, sex, religion, age,
1-64 or national origin of the appointees.
1-65 Sec. 3. MEETINGS; COMPENSATION; QUORUM. (a) The executive
1-66 council shall hold at least two regular meetings each year.
1-67 Additional meetings may be held on the call of the presiding
1-68 officer or at the written request of three members of the executive
2-1 council.
2-2 (b) The presiding officer of the executive council is
2-3 entitled to a per diem as set by the General Appropriations Act for
2-4 each day that the presiding officer engages in the business of the
2-5 executive council. Other members of the executive council may not
2-6 receive compensation for service on the council. A member may not
2-7 receive any reimbursement for travel expenses, including expenses
2-8 for meals and lodging, other than transportation expenses as
2-9 provided by the General Appropriations Act.
2-10 (c) A quorum of the executive council exists if both
2-11 therapist members and one public member are present.
2-12 Sec. 4. TERMS. (a) A member of the executive council is
2-13 appointed for a two-year term, with a member's term expiring on
2-14 February 1 of each odd-numbered year.
2-15 (b) A member appointed to fill a vacancy shall hold office
2-16 for the remainder of that term.
2-17 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person is not
2-18 eligible for appointment by the governor as a public member of the
2-19 executive council if the person or the person's spouse:
2-20 (1) is registered, certified, or licensed by an
2-21 occupational regulatory agency in the field of health care;
2-22 (2) is employed by or participates in the management
2-23 of a business entity or other organization regulated by the
2-24 executive council, the occupational therapy board, or the physical
2-25 therapy board or receiving funds from the executive council, the
2-26 occupational therapy board, or the physical therapy board;
2-27 (3) owns or controls, directly or indirectly, more
2-28 than 10 percent interest in a business entity or other organization
2-29 regulated by the executive council, the occupational therapy board,
2-30 or the physical therapy board or receiving funds from the executive
2-31 council, the occupational therapy board, or the physical therapy
2-32 board; or
2-33 (4) uses or receives a substantial amount of tangible
2-34 goods, services, or funds from the executive council, the
2-35 occupational therapy board, or the physical therapy board, other
2-36 than compensation or reimbursement authorized by law for executive
2-37 council, occupational therapy board, or physical therapy board
2-38 membership, attendance, or expenses.
2-39 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
2-40 employee, or paid consultant of a Texas trade association in the
2-41 field of health care may not be a member or employee of the
2-42 executive council who is exempt from the state's position
2-43 classification plan or is compensated at or above the amount
2-44 prescribed by the General Appropriations Act for step 1, salary
2-45 group 17, of the position classification salary schedule.
2-46 (b) A person who is the spouse of an officer, manager, or
2-47 paid consultant of a Texas trade association in the field of health
2-48 care may not be a member of the executive council and may not be an
2-49 employee of the executive council who is exempt from the state's
2-50 position classification plan or is compensated at or above the
2-51 amount prescribed by the General Appropriations Act for step 1,
2-52 salary group 17, of the position classification salary schedule.
2-53 (c) For the purposes of this section, a Texas trade
2-54 association is a nonprofit, cooperative, and voluntarily joined
2-55 association of business or professional competitors in this state
2-56 designed to assist its members and its industry or profession in
2-57 dealing with mutual business or professional problems and in
2-58 promoting their common interest.
2-59 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve
2-60 as a member of the executive council or act as the general counsel
2-61 to the executive council if the person is required to register as a
2-62 lobbyist under Chapter 305, Government Code, and its subsequent
2-63 amendments, because of the person's activities for compensation on
2-64 behalf of a profession related to the operation of the executive
2-65 council, the occupational therapy board, or the physical therapy
2-66 board.
2-67 Sec. 8. GROUNDS FOR REMOVAL FROM EXECUTIVE COUNCIL. (a) It
2-68 is a ground for removal from the executive council if a member:
2-69 (1) does not have at the time of appointment the
2-70 qualifications required by Section 2 of this article;
3-1 (2) does not maintain during service on the executive
3-2 council the qualifications required by Section 2 of this article;
3-3 (3) violates a prohibition established by Section 6 or
3-4 7 of this article;
3-5 (4) cannot discharge the member's duties for a
3-6 substantial part of the term for which the member is appointed
3-7 because of illness or disability; or
3-8 (5) is absent from more than half of the regularly
3-9 scheduled executive council meetings that the member is eligible to
3-10 attend during a calendar year unless the absence is excused by
3-11 majority vote of the executive council.
3-12 (b) The validity of an action of the executive council is
3-13 not affected by the fact that it is taken when a ground for removal
3-14 of an executive council member exists.
3-15 (c) If the director has knowledge that a potential ground
3-16 for removal exists, the director shall notify the presiding officer
3-17 of the executive council of the ground. The presiding officer
3-18 shall then notify the authority that appointed the member that a
3-19 potential ground for removal exists.
3-20 Sec. 9. STAFF. (a) The executive council shall employ a
3-21 director and administrative and clerical employees as necessary to
3-22 carry out the functions of the executive council, the occupational
3-23 therapy board, and the physical therapy board.
3-24 (b) The executive council shall develop and implement
3-25 policies that clearly define the respective responsibilities of the
3-26 executive council and the staff of the executive council.
3-27 (c) The director shall employ a coordinator of occupational
3-28 therapy programs and a coordinator of physical therapy programs to
3-29 carry out the respective boards' functions. The coordinators may
3-30 request the executive council to assign additional employees to
3-31 carry out the coordinators' duties.
3-32 Sec. 10. REGULATORY STATUTES ADMINISTERED. Except as
3-33 otherwise provided by this article, the executive council shall
3-34 administer and enforce:
3-35 (1) the physical therapy law, Chapter 836, Acts of the
3-36 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
3-37 Texas Civil Statutes), and its subsequent amendments; and
3-38 (2) the Occupational Therapy Practice Act (Article
3-39 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
3-40 Sec. 11. ADMINISTRATIVE FUNCTIONS OF EXECUTIVE COUNCIL.
3-41 (a) The executive council shall perform the following functions
3-42 for the administration of each regulatory statute administered:
3-43 (1) data processing functions; and
3-44 (2) the administration of records relating to payroll,
3-45 personnel files, vacation and other leave records, employee
3-46 insurance and other benefits records, and employee applications.
3-47 (b) Administrative functions relating to the issuance and
3-48 renewal of licenses, including administration of written
3-49 examinations and collection of fees, are the responsibility of the
3-50 executive council. The executive council's responsibilities
3-51 include the ministerial functions of preparing and delivering
3-52 licenses, obtaining material and information in connection with the
3-53 renewal of a license, and receiving and forwarding complaints to
3-54 the appropriate board. The executive council may not exercise any
3-55 discretionary authority with respect to the original review of an
3-56 applicant's qualifications for licensure or the subsequent review
3-57 of the person's qualifications. The administration of practical
3-58 examinations and other examinations requiring skill or expertise in
3-59 a particular area on the part of the person administering the
3-60 examination is the responsibility of the appropriate board. The
3-61 selection of standardized national or generally accepted
3-62 examinations for a profession or the design of individual
3-63 examinations is the responsibility of the appropriate board.
3-64 (c) Rules concerning the qualifications, licensing,
3-65 regulation, or practice of a profession shall be adopted by the
3-66 appropriate board except as otherwise provided.
3-67 (d) The executive council shall:
3-68 (1) develop and prepare a budget for the executive
3-69 council, the occupational therapy board, and the physical therapy
3-70 board; and
4-1 (2) manage all physical property used by the executive
4-2 council, the occupational therapy board, or the physical therapy
4-3 board.
4-4 (e) The executive council shall set all fees for a license
4-5 issued or service performed by a board represented on the executive
4-6 council.
4-7 Sec. 12. REVIEW FUNCTIONS OF EXECUTIVE COUNCIL. (a) The
4-8 executive council shall examine and evaluate the operations of the
4-9 boards represented on the executive council. The examination shall
4-10 be conducted on an ongoing basis.
4-11 (b) The executive council may structure the examination in a
4-12 manner that the executive council considers appropriate to produce
4-13 an efficient and thorough review.
4-14 Sec. 13. REPORT AND RECOMMENDATIONS. The executive council
4-15 shall prepare a report of its activities and shall file the report
4-16 with the presiding officer of each house of the legislature, the
4-17 governor, and the Legislative Budget Board. The executive council
4-18 shall file the report before January 1 of each odd-numbered year.
4-19 Sec. 14. COOPERATION. Each board represented on the
4-20 executive council shall cooperate with the examination conducted by
4-21 the executive council under this article.
4-22 Sec. 15. REVIEW OF RULES. (a) Before submitting a rule for
4-23 publication in the Texas Register, each board represented on the
4-24 executive council shall forward the proposed rule to the executive
4-25 council for review.
4-26 (b) The executive council may review the rule and shall
4-27 approve the rule for submission for publication unless the rule
4-28 exceeds the rule-making authority of the board.
4-29 (c) If the executive council fails to approve a rule, it
4-30 shall return the rule to the board with an explanation of the
4-31 reasons for the denial.
4-32 Sec. 16. EXPENDITURES; AUDIT. (a) The executive council
4-33 may authorize, from funds appropriated to it, all necessary
4-34 disbursements to carry out:
4-35 (1) this article;
4-36 (2) the physical therapy law, Chapter 836, Acts of the
4-37 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
4-38 Texas Civil Statutes), and its subsequent amendments; and
4-39 (3) the Occupational Therapy Practice Act (Article
4-40 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
4-41 (b) The financial transactions of the executive council are
4-42 subject to audit by the state auditor in accordance with Chapter
4-43 321, Government Code, and its subsequent amendments.
4-44 Sec. 17. ANNUAL FINANCIAL REPORT. The executive council
4-45 shall file annually with the governor and the presiding officer of
4-46 each house of the legislature a complete and detailed written
4-47 report accounting for all funds received and disbursed by the
4-48 executive council during the preceding fiscal year. The annual
4-49 report must be in the form and reported in the time provided by the
4-50 General Appropriations Act.
4-51 Sec. 18. PERSONNEL POLICIES. (a) The director or the
4-52 director's designee shall develop an intraagency career ladder
4-53 program. The program shall require intraagency posting of all
4-54 non-entry-level positions concurrently with any public posting.
4-55 (b) The director or the director's designee shall develop a
4-56 system of annual performance evaluations based on measurable job
4-57 tasks. All merit pay for executive council employees must be based
4-58 on the system established under this subsection.
4-59 Sec. 19. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
4-60 director or the director's designee shall prepare and maintain a
4-61 written policy statement to ensure implementation of a program of
4-62 equal employment opportunity under which all personnel transactions
4-63 are made without regard to race, color, disability, sex, religion,
4-64 age, or national origin. The policy statement must include:
4-65 (1) personnel policies, including policies relating to
4-66 recruitment, evaluation, selection, application, training, and
4-67 promotion of personnel that are in compliance with the Commission
4-68 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
4-69 and its subsequent amendments;
4-70 (2) a comprehensive analysis of the executive council
5-1 work force that meets federal and state guidelines;
5-2 (3) procedures by which a determination can be made of
5-3 significant underutilization in the executive council work force of
5-4 all persons for whom federal or state guidelines encourage a more
5-5 equitable balance; and
5-6 (4) reasonable methods to appropriately address those
5-7 areas of underutilization.
5-8 (b) A policy statement prepared under Subsection (a) of this
5-9 section must cover an annual period, be updated annually, be
5-10 reviewed by the Commission on Human Rights for compliance with
5-11 Subsection (a)(1) of this section, and be filed with the governor's
5-12 office.
5-13 (c) The governor's office shall deliver a biennial report to
5-14 the legislature based on the information received under Subsection
5-15 (b) of this section. The report may be made separately or as part
5-16 of other biennial reports to the legislature.
5-17 Sec. 20. PUBLIC INTEREST INFORMATION. (a) The executive
5-18 council shall prepare information of public interest describing the
5-19 functions of the executive council and the procedures by which
5-20 complaints are filed with and resolved by the executive council,
5-21 the occupational therapy board, or the physical therapy board. The
5-22 executive council shall make the information available to the
5-23 public and appropriate state agencies.
5-24 (b) The executive council by rule shall establish methods by
5-25 which consumers and service recipients are notified of the name,
5-26 mailing address, and telephone number of the executive council for
5-27 the purpose of directing complaints to the executive council. The
5-28 executive council may provide for that notification:
5-29 (1) on each registration form, application, or written
5-30 contract for services of an individual or entity regulated by the
5-31 executive council, the occupational therapy board, or the physical
5-32 therapy board;
5-33 (2) on a sign prominently displayed in the place of
5-34 business of each individual or entity regulated by the executive
5-35 council, the occupational therapy board, or the physical therapy
5-36 board; or
5-37 (3) in a bill for service provided by an individual or
5-38 entity regulated by the executive council, the occupational therapy
5-39 board, or the physical therapy board.
5-40 (c) The executive council shall list along with its regular
5-41 telephone number the toll-free telephone number that may be called
5-42 to present a complaint about a health professional if the toll-free
5-43 number is established under other state law.
5-44 Sec. 21. PUBLIC PARTICIPATION IN EXECUTIVE COUNCIL HEARINGS.
5-45 The executive council shall develop and implement policies that
5-46 provide the public with a reasonable opportunity to appear before
5-47 the executive council and to speak on any issue under the
5-48 jurisdiction of the executive council.
5-49 Sec. 22. PROGRAM ACCESSIBILITY. The executive council shall
5-50 prepare and maintain a written plan that describes how a person who
5-51 does not speak English can be provided reasonable access to the
5-52 executive council's programs. The executive council shall also
5-53 comply with federal and state laws for program and facility
5-54 accessibility.
5-55 Sec. 23. TRAINING; STANDARDS OF CONDUCT INFORMATION. Each
5-56 executive council member shall comply with the executive council
5-57 member training requirements established by any other state agency
5-58 that is given authority to establish the requirements for the
5-59 executive council.
5-60 Sec. 24. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
5-61 executive council is subject to:
5-62 (1) the open meetings law, Chapter 271, Acts of the
5-63 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
5-64 Texas Civil Statutes), and its subsequent amendments; and
5-65 (2) the Administrative Procedure and Texas Register
5-66 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
5-67 subsequent amendments.
5-68 Sec. 25. SUNSET PROVISION. The Executive Council of
5-69 Physical Therapy and Occupational Therapy Examiners is subject to
5-70 Chapter 325, Government Code (Texas Sunset Act), and its subsequent
6-1 amendments. Unless continued in existence as provided by that
6-2 chapter, the executive council is abolished and the following laws
6-3 expire September 1, 2005:
6-4 (1) this article;
6-5 (2) the physical therapy law, Chapter 836, Acts of the
6-6 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's
6-7 Texas Civil Statutes), and its subsequent amendments; and
6-8 (3) the Occupational Therapy Practice Act (Article
6-9 8851, Vernon's Texas Civil Statutes) and its subsequent amendments.
6-10 ARTICLE 2. THE PRACTICE OF PHYSICAL THERAPY
6-11 SECTION 2.01. Section 1, Chapter 836, Acts of the 62nd
6-12 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
6-13 Civil Statutes), is amended to read as follows:
6-14 Sec. 1. Definitions. In this Act:
6-15 (1) "Physical therapy" means a form of health care
6-16 that prevents, identifies, corrects, and alleviates acute or
6-17 prolonged movement dysfunction or pain of anatomic or physiologic
6-18 origin. Physical therapy includes the testing and measurement of
6-19 the function of the musculoskeletal, neurological, pulmonary, and
6-20 cardiovascular systems and rehabilitative treatment concerned with
6-21 the restoration of function and prevention of disability caused by
6-22 illness, injury, or birth defect. Physical therapy includes
6-23 treatment, consultative, educational, and advisory services for the
6-24 purpose of reducing the incidence and severity of disability and
6-25 pain to enable, train, or retrain an individual to perform the
6-26 independent skills and activities of daily living <the examination,
6-27 treatment, or instruction of human beings to detect, assess,
6-28 prevent, correct, and alleviate physical disability and pain from
6-29 injury, disease, disorders, or physical deformities and includes
6-30 the administration and evaluation of tests and measurements of
6-31 bodily functions and structures in aid of diagnosis or treatment;
6-32 the planning, administration, evaluation, and modification of
6-33 treatment and instruction, including the use of physical measures,
6-34 activities, and devices for preventive and therapeutic purposes on
6-35 the basis of approved test findings and the provision of
6-36 consultative, educational, and advisory services for the purpose of
6-37 reducing the incidence and severity of physical disability and
6-38 pain>. Physical therapy also includes <shall also include> the
6-39 delegation of selective forms of treatment to supportive personnel
6-40 with retention by a physical therapist <assumption> of the
6-41 responsibilities for the care of the patient and continuing
6-42 direction and supervision of the supportive personnel. The use of
6-43 roentgen rays and radium for diagnostic and therapeutic purposes,
6-44 and the use of electricity for surgical purposes, including
6-45 cauterization, are not authorized under the term "physical therapy"
6-46 as used herein, and a license issued hereunder shall not authorize
6-47 the diagnosis of diseases or the practice of medicine as defined by
6-48 law.
6-49 (2) "Physical therapist" <or "physiotherapist"> means
6-50 a person who practices physical therapy and is licensed by the
6-51 Texas Board of Physical Therapy Examiners. "Hydrotherapist,"
6-52 "physiotherapist," <"massage therapist,"> "mechano-therapist,"
6-53 "functional therapist," "physical therapy practitioner," "physical
6-54 therapist specialist," "physical therapy specialist,"
6-55 "physiotherapy practitioner," "physical therapy technician,"
6-56 "kinesiotherapist," "physical rehabilitation specialist," and
6-57 "myofunctional therapist" are equivalent terms; any derivation of
6-58 the above terms or any reference to any one of them in this Act
6-59 includes the others.
6-60 (3) "Physical therapist assistant" means a person
6-61 licensed by the Texas Board of Physical Therapy Examiners who
6-62 assists and is supervised by <works under the supervision of> a
6-63 licensed physical therapist <and assists a physical therapist> in
6-64 the practice of physical therapy and whose activities require an
6-65 understanding of physical therapy <but do not require a
6-66 professional education equivalent for licensing as a physical
6-67 therapist>.
6-68 (4) "Physical therapy aide" or "physical therapy
6-69 technician" means a person who aids in the practice of physical
6-70 therapy under the on-site supervision of a physical therapist or a
7-1 physical therapist assistant and whose activities require
7-2 on-the-job training <and on-site supervision by the physical
7-3 therapist or a physical therapist assistant>.
7-4 (5) "Board" means the Texas Board of Physical Therapy
7-5 Examiners.
7-6 (6) "Discipline" means the revocation or suspension of
7-7 a license, the placing on probation of a licensee, <whose license
7-8 has been suspended, or> the reprimand of a licensee, the levying of
7-9 fines, or other actions imposed on the licensee or other person for
7-10 a violation of <in accordance with> this Act and rules adopted by
7-11 the board.
7-12 (7) "Practice of physical therapy" means:
7-13 (A) performing, offering to perform, or
7-14 attempting to perform health care that prevents, identifies,
7-15 corrects, and alleviates acute or prolonged movement dysfunction or
7-16 pain of anatomic or physiologic origin, the proper application of
7-17 which requires education, training, and experience in physical
7-18 therapy; or
7-19 (B) publicly professing to be or holding oneself
7-20 out to be a physical therapist or as providing physical therapy.
7-21 (8) "Physical therapy facility" is a physical site,
7-22 such as a building, office, or portable facility, where the
7-23 practice of physical therapy takes place. A physical therapy
7-24 facility must be under the direction of a physical therapist
7-25 licensed by the board and meet any additional requirements as may
7-26 be established by the board.
7-27 (9) "Accredited program" means a physical therapy
7-28 educational program that is currently accredited by the Commission
7-29 on Accreditation in Physical Therapy Education and is associated
7-30 with an institution of higher education.
7-31 (10) "Person" means an individual, a partnership, an
7-32 association of individuals, or a corporation.
7-33 SECTION 2.02. Section 2, Chapter 836, Acts of the 62nd
7-34 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
7-35 Civil Statutes), is amended to read as follows:
7-36 Sec. 2. Creation of Board. (a) There is created a Texas
7-37 Board of Physical Therapy Examiners. The board's purpose is to
7-38 regulate the practice of physical therapy in this state to
7-39 safeguard the health and welfare of the public. The board shall
7-40 consist of nine members appointed by the governor with the advice
7-41 and consent of the senate for staggered terms of six years<, with
7-42 three members' terms expiring on January 31 of each odd-numbered
7-43 year>. Six members must be licensed physical therapists and three
7-44 members must be members of the general public. Two of the physical
7-45 therapist members' terms and one of the public members' terms end
7-46 on January 31 of each odd-numbered year. <A person is not eligible
7-47 for appointment as a public member if the person or the person's
7-48 spouse:>
7-49 <(1) is licensed by an occupational regulatory agency
7-50 in the field of health care;>
7-51 <(2) is employed by or participates in the management
7-52 of a business entity or other organization that provides
7-53 health-care services or that sells, manufacturers, or distributes
7-54 health-care supplies or equipment; or>
7-55 <(3) owns, controls, or has, directly or indirectly,
7-56 any interest in a business entity or other organization that
7-57 provides health-care services or that sells, manufactures, or
7-58 distributes health-care supplies or equipment.>
7-59 (b) A vacancy on the board shall be filled by appointment by
7-60 the governor with the advice and consent of the senate for the
7-61 remainder of the term.
7-62 (c) Appointments to the board shall be made without regard
7-63 to the race, creed, sex, religion, disability, age, or national
7-64 origin of the appointees.
7-65 (d) <The board may appoint an executive director at an
7-66 annual salary as determined by legislative appropriation.>
7-67 <(e) The executive director shall administer this Act and
7-68 carry out the instructions of the board, including the employment
7-69 of investigators and other staff as required to implement the
7-70 purpose of this Act. The executive director or his designee shall
8-1 develop an intraagency career ladder program, one part of which
8-2 shall be the intraagency posting of all nonentry level positions
8-3 for at least 10 days before any public posting. The executive
8-4 director or his designee shall develop a system of annual
8-5 performance evaluations based on measurable job tasks. All merit
8-6 pay authorized by the executive director must be based on the
8-7 system established under this subsection.>
8-8 <(f)> A member of the board is not liable to civil action
8-9 for any act performed in good faith in the execution of the
8-10 member's <his> duties in this capacity.
8-11 <(g) The Texas Board of Physical Therapy Examiners is
8-12 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
8-13 continued in existence as provided by that chapter, the board is
8-14 abolished September 1, 1993.>
8-15 <(h) A member or employee of the board may not be an
8-16 officer, employee, or paid consultant of a trade association in the
8-17 health-care industry. A member or employee of the board may not be
8-18 related within the second degree by affinity or consanguinity, as
8-19 determined under Article 5996h, Revised Statutes, to a person who
8-20 is an officer, employee, or paid consultant of a trade association
8-21 in the regulated industry. A person who is required to register as
8-22 a lobbyist under Chapter 305, Government Code, may not serve as a
8-23 member of the board or act as the general counsel to the board.>
8-24 <(i) It is a ground for removal from the board if a member:>
8-25 <(1) does not have at the time of appointment the
8-26 qualifications required by this section for appointment to the
8-27 board;>
8-28 <(2) does not maintain during the service on the board
8-29 the qualifications required by this section for appointment to the
8-30 board;>
8-31 <(3) violates a prohibition prescribed by Subsection
8-32 (h) of this section; or>
8-33 <(4) fails to attend at least half of the regularly
8-34 scheduled board meetings held in a calendar year, excluding
8-35 meetings held while the person was not a board member.>
8-36 <(j) The validity of an action of the board is not affected
8-37 by the fact that it was taken when a ground for removal of a member
8-38 of the board existed.>
8-39 SECTION 2.03. Section 3, Chapter 836, Acts of the 62nd
8-40 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
8-41 Civil Statutes), is amended to read as follows:
8-42 Sec. 3. Examinations <Powers and Duties of Board>. (a) The
8-43 board shall examine applicants for licenses at least once each year
8-44 at such reasonable places and times as shall be designated by the
8-45 board in its discretion.
8-46 (b) <The board may employ additional employees to aid in
8-47 administering examinations.>
8-48 <(c)> The examination shall cover those subjects generally
8-49 taught by accredited programs and may include the content areas of
8-50 clinical decision-making and evaluation, treatment program planning
8-51 and implementation, administration, education, consultation, and
8-52 research in physical therapy <embrace the following subjects:
8-53 anatomy; pathology; physiology; psychology; physics;
8-54 electrotherapy; radiation therapy; hydrotherapy; massage therapy;
8-55 exercises; physical therapy as applied to medicine; neurology;
8-56 orthopedics; psychiatry; and procedures in the practice of physical
8-57 therapy>.
8-58 (c) Not later than the 30th day <(d) The board shall revoke
8-59 or suspend a license, place on probation a licensee whose license
8-60 has been suspended, or reprimand a licensee for a violation of this
8-61 Act or a rule adopted by the board.>
8-62 <(e) The board may adopt rules consistent with this Act to
8-63 carry out its duties in administering this Act.>
8-64 <(f) Within 30 days> after the date a licensing examination
8-65 is administered under this Act, the board shall notify each
8-66 examinee of the results of the examination. However, if an
8-67 examination is graded or reviewed by a national testing service,
8-68 the board shall notify each examinee of the results of the
8-69 examination not later than the 14th day <within two weeks> after
8-70 the date the board receives the results from the testing service.
9-1 If the notice of the examination results graded or reviewed by a
9-2 national testing service will be delayed for more than 90 days
9-3 after the examination date, the board shall notify each examinee of
9-4 the reason for the delay before the 90th day.
9-5 (d) The board by rule may establish procedures for the
9-6 administration of the examination, including the conditions under
9-7 which and the number of times an applicant may retake an
9-8 examination.
9-9 (e) The board shall have the written portion of the
9-10 examination, if any, validated by an independent testing entity.
9-11 (f) If requested in writing by a person who fails a
9-12 licensing examination administered under this Act, the board shall
9-13 furnish the person with an analysis of the person's performance on
9-14 the examination.
9-15 <(g) The board shall maintain an information file about each
9-16 complaint filed with the board relating to a licensee. If a
9-17 written complaint is filed with the board relating to a licensee,
9-18 the board, at least as frequently as quarterly and until final
9-19 disposition of the complaint, shall notify the parties to the
9-20 complaint of the status of the complaint unless the notice would
9-21 jeopardize an undercover investigation.>
9-22 <(h) The board shall prepare information of consumer
9-23 interest describing the regulatory functions of the board and the
9-24 board's procedures by which consumer complaints are filed with and
9-25 resolved by the board. The board shall also prepare information
9-26 relating to and reporting any previous disciplinary action by the
9-27 board against a physical therapist licensed in this state, the date
9-28 of the action, and the current status of the action. The board
9-29 shall make the information available to the general public and
9-30 appropriate state agencies. The board shall establish a toll-free
9-31 telephone number to make the information immediately available to
9-32 any caller during regular business hours.>
9-33 <(i) Each written contract for services in this state of a
9-34 licensed physical therapist shall contain the name, mailing
9-35 address, and telephone number of the board.>
9-36 <(j) The board is subject to the open meetings law, Chapter
9-37 271, Acts of the 60th Legislature, Regular Session, 1967, as
9-38 amended (Article 6252-17, Vernon's Texas Civil Statutes), and the
9-39 Administrative Procedure and Texas Register Act, as amended
9-40 (Article 6252-13a, Vernon's Texas Civil Statutes).>
9-41 <(k) The board may recognize, prepare, or implement
9-42 continuing education programs for licensees. Participation in the
9-43 programs is mandatory. The board shall adopt rules relating to its
9-44 continuing education requirements, including rules relating to the
9-45 approval of continuing education courses and prescribing the number
9-46 of continuing education hours each licensee must complete to retain
9-47 eligibility for renewal of the license.>
9-48 <(l) If the appropriate standing committees of both houses
9-49 of the legislature acting under Subsection (g), Section 5,
9-50 Administrative Procedure and Texas Register Act, as amended
9-51 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
9-52 board statements opposing adoption of a rule under that section,
9-53 the rule may not take effect, or if the rule has already taken
9-54 effect, the rule is repealed effective on the date the board
9-55 receives the committee's statements.>
9-56 SECTION 2.04. Chapter 836, Acts of the 62nd Legislature,
9-57 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
9-58 Statutes), is amended by adding Sections 2A through 2M to read as
9-59 follows:
9-60 Sec. 2A. COMPENSATION. A member of the board is entitled to
9-61 a per diem as set by the General Appropriations Act for each day
9-62 that the member engages in the business of the board. A member may
9-63 not receive any reimbursement for travel expenses, including
9-64 expenses for meals and lodging, other than transportation expenses
9-65 as provided by the General Appropriations Act.
9-66 Sec. 2B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
9-67 eligible for appointment as a public member of the board if the
9-68 person or the person's spouse:
9-69 (1) is registered, certified, or licensed by an
9-70 occupational regulatory agency in the field of health care;
10-1 (2) is employed by or participates in the management
10-2 of a business entity or other organization regulated by the
10-3 executive council or the board or receiving funds from the
10-4 executive council or the board;
10-5 (3) owns or controls, directly or indirectly, more
10-6 than a 10 percent interest in a business entity or other
10-7 organization regulated by the executive council or the board or
10-8 receiving funds from the executive council or the board; or
10-9 (4) uses or receives a substantial amount of tangible
10-10 goods, services, or funds from the executive council or the board,
10-11 other than compensation or reimbursement authorized by law for
10-12 executive council or board membership, attendance, or expenses.
10-13 Sec. 2C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
10-14 officer, employee, or paid consultant of a Texas trade association
10-15 in the field of health care may not be a board member.
10-16 (b) A person who is the spouse of an officer, manager, or
10-17 paid consultant of a Texas trade association in the field of health
10-18 care may not be a board member.
10-19 (c) For the purposes of this section, a Texas trade
10-20 association is a nonprofit, cooperative, and voluntarily joined
10-21 association of business or professional competitors in this state
10-22 designed to assist its members and its industry or profession in
10-23 dealing with mutual business or professional problems and in
10-24 promoting their common interest.
10-25 Sec. 2D. EFFECT OF LOBBYING ACTIVITY. A person may not
10-26 serve as a board member if the person is required to register as a
10-27 lobbyist under Chapter 305, Government Code, and its subsequent
10-28 amendments, because of the person's activities for compensation on
10-29 behalf of a profession related to the operation of the board.
10-30 Sec. 2E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
10-31 ground for removal from the board if a member:
10-32 (1) does not have at the time of appointment the
10-33 qualifications required by Section 2(a) of this Act;
10-34 (2) does not maintain during service on the board the
10-35 qualifications required by Section 2(a) of this Act;
10-36 (3) violates a prohibition established by Section 2C
10-37 or 2D of this Act;
10-38 (4) cannot discharge the member's duties for a
10-39 substantial part of the term for which the member is appointed
10-40 because of illness or disability; or
10-41 (5) is absent from more than half of the regularly
10-42 scheduled board meetings that the member is eligible to attend
10-43 during a calendar year unless the absence is excused by majority
10-44 vote of the board.
10-45 (b) The validity of an action of the board is not affected
10-46 by the fact that it is taken when a ground for removal of a board
10-47 member exists.
10-48 (c) If the coordinator of physical therapy programs has
10-49 knowledge that a potential ground for removal exists, the
10-50 coordinator shall notify the presiding officer of the board of the
10-51 ground. The presiding officer shall then notify the governor that
10-52 a potential ground for removal exists.
10-53 Sec. 2F. STAFF. (a) The board may request the executive
10-54 council to assign administrative and clerical employees as
10-55 necessary to carry out the board's functions.
10-56 (b) The board shall develop and implement policies that
10-57 clearly define the respective responsibilities of the board and the
10-58 staff of the executive council.
10-59 Sec. 2G. REGULATORY STATUTES ADMINISTERED. Except as
10-60 provided by other statutes, the board shall administer and enforce
10-61 this Act.
10-62 Sec. 2H. PUBLIC INTEREST INFORMATION. The board shall
10-63 prepare information of public interest describing the functions of
10-64 the board and the board's procedures by which complaints are filed
10-65 with and resolved by the board. The board shall make the
10-66 information available to the public and appropriate state agencies.
10-67 Sec. 2I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
10-68 shall develop and implement policies that provide the public with a
10-69 reasonable opportunity to appear before the board and to speak on
10-70 any issue under the jurisdiction of the board.
11-1 Sec. 2J. PROGRAM ACCESSIBILITY. The board shall prepare and
11-2 maintain a written plan that describes how a person who does not
11-3 speak English can be provided reasonable access to the board's
11-4 programs. The board shall also comply with federal and state laws
11-5 for program and facility accessibility.
11-6 Sec. 2K. TRAINING; STANDARDS OF CONDUCT INFORMATION.
11-7 (a) Each board member shall comply with the board member training
11-8 requirements established by any other state agency that is given
11-9 authority to establish the requirements for the board.
11-10 (b) The board shall provide to its members, as often as
11-11 necessary, information regarding their qualifications for office
11-12 under this Act and their responsibilities under applicable laws
11-13 relating to standards of conduct for state officers.
11-14 Sec. 2L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
11-15 board is subject to:
11-16 (1) the open meetings law, Chapter 271, Acts of the
11-17 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
11-18 Texas Civil Statutes), and its subsequent amendments; and
11-19 (2) the Administrative Procedure and Texas Register
11-20 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
11-21 subsequent amendments.
11-22 Sec. 2M. SUNSET PROVISION. The Texas Board of Physical
11-23 Therapy Examiners is subject to Chapter 325, Government Code (Texas
11-24 Sunset Act), and its subsequent amendments. Unless continued in
11-25 existence as provided by that chapter, the board is abolished and
11-26 this Act expires September 1, 2005.
11-27 SECTION 2.05. Subsections (a) and (b), Section 4, Chapter
11-28 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
11-29 4512e, Vernon's Texas Civil Statutes), are amended to read as
11-30 follows:
11-31 (a) The members of the board shall, on appointment, elect
11-32 from their number a presiding officer <chairman>, secretary, and
11-33 other officers required for the conduct of business. Special
11-34 meetings of the board shall be called by the presiding officer
11-35 <chairman> and secretary, acting jointly, or on the written request
11-36 of any two members. The board may adopt bylaws and rules necessary
11-37 to govern its proceedings and to implement the purposes of this
11-38 Act.
11-39 (b) The secretary shall keep a record of each meeting of the
11-40 board and maintain a register containing the names of all physical
11-41 therapists licensed under this Act, which shall be at all times
11-42 open to public inspection. On March 1 of each year, the
11-43 coordinator of physical therapy programs <executive director> shall
11-44 transmit an official copy of the list of the licensees to the
11-45 executive council and the secretary of state for permanent record,
11-46 a certified copy of which shall be admissible as evidence in any
11-47 court of this state.
11-48 SECTION 2.06. Section 6, Chapter 836, Acts of the 62nd
11-49 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
11-50 Civil Statutes), is amended to read as follows:
11-51 Sec. 6. Exemptions. (a) This Act does not restrict <apply
11-52 to:>
11-53 <(1)> a licensee of another state agency from
11-54 performing health-care services within the scope of the applicable
11-55 licensing act if:
11-56 (1) the licensee does not represent to others that the
11-57 licensee is a physical therapist and does not use the term
11-58 "physical therapy," "physical therapist," "physiotherapy,"
11-59 "physiotherapist," "licensed physical therapist," "registered
11-60 physical therapist," or assistant thereto, or the letters "PT,"
11-61 "PhT," "LPT," or "RPT" or any derivative of those terms in
11-62 connection with the licensee's name or practice; and
11-63 (2) the licensee practices strictly in conformity with
11-64 applicable laws and regulations relating to the licensure and
11-65 observes all prohibitions of Section 7 of this Act.<, an
11-66 occupational therapist who confines his practice to occupational
11-67 therapy, a certified corrective therapist who confines his practice
11-68 to corrective therapy, and a speech pathologist or an audiologist
11-69 who confines his practice to the treatment of communication
11-70 disorders;>
12-1 (b) This Act does not apply to:
12-2 (1) <(2)> a physical therapy aide;
12-3 (2) <(3)> a physical therapy student or physical
12-4 therapist <therapy> assistant student participating in an
12-5 accredited physical therapy or physical therapist assistant
12-6 educational program if the student is <curriculum and> under the
12-7 supervision of a licensee under this Act; or a student
12-8 participating in <of> an accredited allied health science program
12-9 leading to licensure by another state agency if the student is
12-10 <curriculum> under the supervision of properly licensed, certified,
12-11 or registered personnel;
12-12 (3) <(4)> a physical therapist doing special projects
12-13 in patient care while working toward an advanced degree from an
12-14 accredited college or university; or
12-15 (4) <(5)> a physical therapist who does not live in
12-16 this state and is licensed by the appropriate authorities who comes
12-17 into this state to attend educational activities. The duration of
12-18 this exemption shall be no more than six months.
12-19 SECTION 2.07. Section 7, Chapter 836, Acts of the 62nd
12-20 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
12-21 Civil Statutes), is amended to read as follows:
12-22 Sec. 7. Prohibited Acts. (a) A person may not practice
12-23 physical therapy, offer to practice physical therapy, or in any way
12-24 hold the person out as being able to practice physical therapy,
12-25 including practice as a physical therapist or physical therapist
12-26 assistant, unless the individual holds a valid license issued by
12-27 the board <A person may not practice or represent himself as able
12-28 to practice physical therapy, or act or represent himself as being
12-29 a physical therapist unless he is licensed> under this Act.
12-30 (b) <A person may not act or represent himself as being a
12-31 physical therapist assistant unless he is licensed under this Act.>
12-32 <(c)> It is unlawful for any person or for any business, its
12-33 employees, or other agents or representatives to use in connection
12-34 with its name or business activity the words "physical therapy,"
12-35 "physical therapist," "physiotherapy," "physiotherapist," "licensed
12-36 physical therapist," "registered physical therapist," or "physical
12-37 therapist assistant," <assistant thereto,> or the letters "PT,"
12-38 "PhT," "LPT," "RPT," or "PTA" <or "RPT"> or any other words,
12-39 letters, abbreviations, or insignia indicating or implying orally
12-40 or in writing, in print or by sign, or in any other way, directly
12-41 or by implication, that physical therapy is provided or supplied,
12-42 or to extend or provide physical therapy services unless the
12-43 services are provided by a physical therapist licensed under this
12-44 Act.
12-45 (c) It is a violation of this Act to advertise the ability
12-46 to provide physical therapy unless the individual providing the
12-47 physical therapy is licensed under this Act.
12-48 (d) It is a violation of this Act for an individual licensed
12-49 by the board to violate the provisions of Section 161.091, Health
12-50 and Safety Code.
12-51 (e) A violation of any provision of this section will
12-52 subject the violator to the penalties of Section 18 of this Act.
12-53 SECTION 2.08. Section 8, Chapter 836, Acts of the 62nd
12-54 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
12-55 Civil Statutes), is amended by amending Subsection (a) and adding
12-56 Subsection (c) to read as follows:
12-57 (a) An applicant for a license as a physical therapist must
12-58 file a written application, on a form provided by the board,
12-59 accompanied by an examination fee prescribed by the board, which is
12-60 refundable if the applicant does not take the examination, and an
12-61 application fee prescribed by the board, which is not refundable.
12-62 The applicant must present evidence satisfactory to the board that
12-63 the applicant <he> has completed an accredited program or
12-64 equivalent program <curriculum> in physical therapy education.
12-65 "Equivalent program" means that the applicant shall provide
12-66 official documentation from a board-approved educational
12-67 credentials review agency, certifying completion of a program
12-68 equivalent to a Commission on Accreditation of Physical Therapy
12-69 Education accredited program and completion of <that has provided
12-70 adequate instruction in the basic sciences, clinical sciences, and
13-1 physical therapy theory and procedures as determined by the board
13-2 and has completed> a minimum of 60 academic semester credits or the
13-3 equivalent from an accredited institution of higher learning <a
13-4 recognized college in which semester hour credits are acceptable
13-5 for transfer to The University of Texas, including courses in
13-6 biological, social, and physical science>.
13-7 (c) The applicant must meet all other requirements and
13-8 qualifications set forth by the board.
13-9 SECTION 2.09. Section 9, Chapter 836, Acts of the 62nd
13-10 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
13-11 Civil Statutes), is amended by amending Subsection (a) and adding
13-12 Subsections (c) and (d) to read as follows:
13-13 (a) An applicant for a physical therapist assistant license
13-14 must file a written application with the board, on a form provided
13-15 by the board, accompanied by an examination fee prescribed by the
13-16 board, which is refundable if the applicant does not take the
13-17 examination, and an application fee prescribed by the board, which
13-18 is not refundable. The applicant must present evidence
13-19 satisfactory to the board that the applicant <he> has completed an
13-20 accredited physical therapist assistant program or an accredited
13-21 physical therapy program, including courses in the anatomical,
13-22 biological, and physical sciences, and clinical procedures as
13-23 prescribed and approved by the board.
13-24 (c) The applicant must meet all other requirements and
13-25 qualifications established by the board.
13-26 (d) The board may grant licensure as a physical therapist
13-27 assistant to an individual who has not completed an accredited
13-28 program for physical therapist assistants if the individual meets
13-29 all requirements of Section 8 of this Act and has had no
13-30 disciplinary action in any other state or nation.
13-31 SECTION 2.10. Section 10, Chapter 836, Acts of the 62nd
13-32 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
13-33 Civil Statutes), is amended to read as follows:
13-34 Sec. 10. PROVISIONAL LICENSE <BY ENDORSEMENT>. (a) The
13-35 board may grant a provisional license to an applicant who presents
13-36 proof of current licensure in another state, including the District
13-37 of Columbia, or territory of the United States that maintains
13-38 professional standards considered by the board to be equivalent to
13-39 those set forth in this Act. An applicant for a provisional
13-40 license under this section must:
13-41 (1) be licensed in good standing as a physical
13-42 therapist or physical therapist assistant in another state, the
13-43 District of Columbia, or a territory of the United States that has
13-44 licensing requirements that are substantially equivalent to the
13-45 requirements of this Act;
13-46 (2) have passed a national or other examination
13-47 recognized by the board relating to the practice of physical
13-48 therapy; and
13-49 (3) be sponsored by a person licensed by the board
13-50 under this Act with whom the provisional licensee may practice
13-51 under this section.
13-52 (b) An applicant for a provisional license may be excused
13-53 from the requirement of Subsection (a)(3) of this section if the
13-54 board determines that compliance with that subsection constitutes a
13-55 hardship to the applicant.
13-56 (c) A provisional license is valid until the date the board
13-57 approves or denies the provisional licensee's application for a
13-58 license. The board shall issue a license under this Act to the
13-59 holder of a provisional license under this section if:
13-60 (1) the provisional licensee passes a jurisprudence
13-61 examination, if required;
13-62 (2) the board verifies that the provisional licensee
13-63 has the academic and experience requirements for a license under
13-64 this Act; and
13-65 (3) the provisional licensee satisfies any other
13-66 license requirements under this Act.
13-67 (d) The board must complete the processing of a provisional
13-68 licensee's application for a license not later than the 180th day
13-69 after the date the provisional license is issued. The board may
13-70 extend the 180-day limit if the results on an examination have not
14-1 been received by the board <A person who is licensed or otherwise
14-2 registered as a physical therapist or as a physical therapist
14-3 assistant by another state, the District of Columbia, or a
14-4 commonwealth or territory of the United States whose requirements
14-5 for licensing or registration were at the date of licensing or
14-6 registration substantially equal to the requirements prescribed by
14-7 this Act may receive a physical therapist license without
14-8 examination on submission of an application on a form prescribed by
14-9 the board and payment of an endorsement license fee prescribed by
14-10 the board>.
14-11 SECTION 2.11. Chapter 836, Acts of the 62nd Legislature,
14-12 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
14-13 Statutes), is amended by adding Section 10A to read as follows:
14-14 Sec. 10A. FOREIGN-TRAINED APPLICANTS. Foreign-trained
14-15 physical therapists or physical therapist assistants shall satisfy
14-16 the examination requirements of Section 8 or 9 of this Act. The
14-17 board shall require foreign-trained applicants to furnish proof of
14-18 good moral character and completion of requirements substantially
14-19 equal to those contained in Section 8 or 9 of this Act before
14-20 taking the examination.
14-21 SECTION 2.12. Section 11, Chapter 836, Acts of the 62nd
14-22 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
14-23 Civil Statutes), is amended to read as follows:
14-24 Sec. 11. Temporary License; INACTIVE STATUS. (a) The board
14-25 by rule may provide for the issuance of a temporary license. A
14-26 holder of a temporary license shall practice under the supervision
14-27 of a licensed physical therapist. Rules adopted under this
14-28 subsection shall include a time limit for a licensee to remain on
14-29 temporary status.
14-30 (b) The board by rule may provide for a person who holds a
14-31 license under this Act to be placed on inactive status. Rules
14-32 adopted under this subsection shall include a time limit for a
14-33 licensee to remain on inactive status <shall issue a temporary
14-34 license without examination to a physical therapist or physical
14-35 therapist assistant who meets the qualifications prescribed by
14-36 Sections 8 and 9 of this Act on submission of a written application
14-37 on a form prescribed by the board, proof that the applicant is in
14-38 this state on a temporary basis to assist in a case of medical
14-39 emergency or to engage in a special physical therapy project, and
14-40 payment of a fee prescribed by the board for a physical therapist
14-41 temporary license or a physical therapist assistant temporary
14-42 license. This license expires one year from the date of issuance.>
14-43 <(b) The board shall issue a temporary license to a person
14-44 who has applied for a license, meets the qualifications prescribed
14-45 by Sections 8 and 9 of this Act, and has paid a fee prescribed by
14-46 the board for a physical therapist temporary license or a physical
14-47 therapist assistant temporary license. This license expires on
14-48 completion of scoring of the next administered examination whether
14-49 the applicant passes the examination or not. Issuance of a
14-50 temporary license following failure of part or all of the
14-51 examination shall be according to rules adopted by the board>.
14-52 SECTION 2.13. Section 12, Chapter 836, Acts of the 62nd
14-53 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
14-54 Civil Statutes), is amended to read as follows:
14-55 Sec. 12. Title. (a) A licensed physical therapist may
14-56 use the title "Physical Therapist." No other person may be so
14-57 designated or permitted to use the term "Physical Therapist." The
14-58 license as a physical therapist does not authorize the use of <the
14-59 prefix "Dr.," the word "Doctor," or> any <suffix or> affix
14-60 indicating or implying that the licensed person is a physician.
14-61 (b) A licensed physical therapist assistant may use the
14-62 title "Physical Therapist Assistant." No other person may be so
14-63 designated or permitted to use the term "Physical Therapist
14-64 Assistant." The license as a physical therapist assistant does not
14-65 authorize the use of <the prefix "Dr.," the word "Doctor," or> any
14-66 <suffix or> affix indicating or implying that the licensed person
14-67 is a physician.
14-68 SECTION 2.14. Section 15, Chapter 836, Acts of the 62nd
14-69 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
14-70 Civil Statutes), is amended to read as follows:
15-1 Sec. 15. Renewal of License. (a) A license issued under
15-2 this Act<, except a temporary license,> expires two years after
15-3 <one year from> the date of issuance.
15-4 (b) A person may renew an <his> unexpired license by paying
15-5 to <filing a renewal application with> the executive council
15-6 <board> before the expiration date of the license<, accompanied by>
15-7 the required renewal fee<. The renewal application must include
15-8 evidence satisfactory to the board that the licensee has fulfilled
15-9 the continuing education requirements imposed under Subsection (k)
15-10 of Section 3 of this Act>.
15-11 (c) If a person's license has been expired for 90 days or
15-12 less, the person may renew the license by paying to the executive
15-13 council the required renewal fee and a fee that is one-half of the
15-14 examination fee for the license.
15-15 (d) If a person's license has been expired for more than 90
15-16 days but less than one year, the person may renew the license by
15-17 paying to the executive council all unpaid renewal fees and a fee
15-18 that is equal to the examination fee for the license.
15-19 (e) If a person's license has been expired for one year or
15-20 more, the person may not renew the license. The person may obtain
15-21 a new license by submitting to reexamination and complying with the
15-22 requirements and procedures for obtaining an original license.
15-23 However, the board may renew without examination an expired license
15-24 of a person who was licensed in this state, moved to another state,
15-25 and is currently licensed and has been in practice in the other
15-26 state for the two years preceding application. The person must pay
15-27 to the executive council a fee that is equal to the examination fee
15-28 for the license.
15-29 (f) At least 30 days before the expiration of a person's
15-30 license, the executive council shall send written notice of the
15-31 impending license expiration to the person at the licensee's last
15-32 known address according to the records of the executive council.
15-33 <(c) If a person's license has been expired for not more
15-34 than 90 days, the person may renew the license by paying to the
15-35 board the required renewal fee and a fee that is one-half of the
15-36 examination fee for the license.>
15-37 <(d) If a person's license has been expired for more than 90
15-38 days but less than two years, the person may renew the license by
15-39 paying to the board all unpaid renewal fees and a fee that is equal
15-40 to the examination fee for the license.>
15-41 <(e) If a person's license has been expired for two years or
15-42 more, the person may not renew the license. The person may obtain
15-43 a new license by submitting to reexamination and complying with the
15-44 requirements and procedures for obtaining an original license.>
15-45 <(f) The board shall notify each licensee in writing of the
15-46 licensee's impending license expiration at least 30 days before the
15-47 expiration date and shall attempt to obtain from the licensee a
15-48 signed statement confirming receipt of the notice.>
15-49 SECTION 2.15. Section 16, Chapter 836, Acts of the 62nd
15-50 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
15-51 Civil Statutes), is amended to read as follows:
15-52 Sec. 16. Alternative Expiration Date System. <(a)> The
15-53 board may adopt a system under which licenses expire on various
15-54 dates during the year.
15-55 <(b)> For the year in which the license expiration date is
15-56 changed, license fees payable on the date of issuance shall be
15-57 prorated on a monthly basis so that each licensee shall pay <pays>
15-58 only that portion of the license fee that is allocable to the
15-59 number of months during which the license is valid.
15-60 <(c)> On renewal of the license on the new expiration date,
15-61 the total license renewal fee is payable.
15-62 SECTION 2.16. Chapter 836, Acts of the 62nd Legislature,
15-63 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
15-64 Statutes), is amended by adding Section 16A to read as follows:
15-65 Sec. 16A. MANDATORY CONTINUING EDUCATION. (a) The board by
15-66 rule shall adopt requirements for mandatory continuing education
15-67 for licensees under this Act in subjects pertaining to the practice
15-68 of physical therapy. The board by rule shall establish a minimum
15-69 number of hours of continuing education required to renew a
15-70 license. The board may assess the continuing education needs of
16-1 licensees and may require licensees to attend continuing education
16-2 courses specified by the board. The board by rule shall develop a
16-3 process to evaluate and approve continuing education courses.
16-4 (b) The board shall identify the key factors for the
16-5 competent performance by a licensee of the licensee's professional
16-6 duties. The board shall adopt a procedure to assess a licensee's
16-7 participation and performance in continuing education programs.
16-8 SECTION 2.17. Section 17, Chapter 836, Acts of the 62nd
16-9 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
16-10 Civil Statutes), is amended to read as follows:
16-11 Sec. 17. Fees. <(a)> The board may recommend to the
16-12 executive council <shall establish> reasonable and necessary fees
16-13 for licenses issued or services performed under this Act so that
16-14 the fees, in the aggregate, produce sufficient revenue to cover the
16-15 cost of administering this Act. The board may not recommend a fee
16-16 to the executive council for an amount less than the amount of that
16-17 fee on September 1, 1993. <for the administration of this Act in
16-18 amounts not to exceed:>
16-19 <Examination>
16-20 <1. Physical Therapist> <$100>
16-21 <2. Physical Therapist Assistant> <90>
16-22 <Application>
16-23 <1. Physical Therapist> <60>
16-24 <2. Physical Therapist Assistant> <60>
16-25 <License Fee>
16-26 <Endorsement>
16-27 <1. Physical Therapist> <100>
16-28 <2. Physical Therapist Assistant> <90>
16-29 <Temporary License>
16-30 <1. Physical Therapist> <40>
16-31 <2. Physical Therapist Assistant> <30>
16-32 <Renewal>
16-33 <1. Physical Therapist> <75>
16-34 <2. Physical Therapist Assistant> <65>
16-35 <Issuance Fee>
16-36 <1. Physical Therapist> <65>
16-37 <2. Physical Therapist Assistant> <65>
16-38 <Duplicate License>
16-39 <1. Physical Therapist> <50>
16-40 <2. Physical Therapist Assistant> <50>
16-41 <Transfer Fee>
16-42 <1. Physical Therapist> <50>
16-43 <2. Physical Therapist Assistant> <50>
16-44 <(b) The board may not maintain unnecessary fund balances,
16-45 and fee amounts shall be set in accordance with this requirement.>
16-46 SECTION 2.18. Section 19, Chapter 836, Acts of the 62nd
16-47 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
16-48 Civil Statutes), is amended to read as follows:
16-49 Sec. 19. GROUNDS FOR DENIAL OF A LICENSE OR DISCIPLINE OF A
16-50 LICENSEE<: COMPETITIVE BIDDING AND ADVERTISING>. (a)(1) A
16-51 license may be denied, or after hearing, suspended or revoked, or a
16-52 licensee otherwise disciplined if the applicant or licensee has:
16-53 (A) provided physical therapy <treatment> to a
16-54 person, except as provided by Subdivision (2) of this subsection,
16-55 without the referral from <of> a physician licensed to practice
16-56 medicine by a state <the Texas State> Board of Medical Examiners,
16-57 or by a dentist licensed by a state <the State> Board of Dental
16-58 Examiners, or a doctor licensed to practice chiropractic by a state
16-59 <the Texas> Board of Chiropractic Examiners or a podiatrist
16-60 licensed by a state <the Texas State> Board of Podiatry Examiners,
16-61 or by any other qualified, licensed health-care professional who
16-62 within the scope of the professional licensure is authorized to
16-63 refer for health care services. The professional taking an action
16-64 under this subdivision is a referring practitioner <personnel who
16-65 are authorized to prescribe treatment of individuals>;
16-66 (B) in the case of a physical therapist
16-67 assistant, treated a person other than under the direction of a
16-68 licensed physical therapist;
16-69 (C) used drugs or intoxicating liquors to an
16-70 extent that affects the licensee's or applicant's <his>
17-1 professional competence;
17-2 (D) been convicted of a felony in this state or
17-3 in any other state, territory, or nation; conviction as used in
17-4 this subdivision includes a finding or verdict of guilty, an
17-5 admission of guilt, or a plea of nolo contendere;
17-6 (E) obtained or attempted to obtain a license by
17-7 fraud or deception;
17-8 (F) been grossly negligent in the practice of
17-9 physical therapy or in acting as a physical therapist assistant;
17-10 (G) been adjudged mentally incompetent by a
17-11 court of competent jurisdiction;
17-12 (H) practiced physical therapy in a manner
17-13 detrimental to the public health and welfare; or
17-14 (I) had the licensee's or applicant's <his>
17-15 license to practice physical therapy revoked or suspended or had
17-16 other disciplinary action taken against the licensee or applicant
17-17 <him> or had the licensee's or applicant's <his> application for a
17-18 license refused, revoked, or suspended by the proper licensing
17-19 authority of another state, territory, or nation.
17-20 (2) A licensed physical therapist may treat a patient
17-21 for an injury or condition that was the subject of a prior referral
17-22 if all of the following conditions are met:
17-23 (A) the physical therapist, within five business
17-24 days, notifies the referring licensed physician, dentist,
17-25 chiropractor, podiatrist, or other referring practitioner <licensed
17-26 health-care personnel> of the commencement of therapy;
17-27 (B) for all episodes of physical therapy
17-28 subsequent to that which was initiated by the referral, the
17-29 physical therapist treats the patient for not more than 20
17-30 treatment sessions or 30 consecutive calendar days, whichever
17-31 occurs first, whereupon the physical therapist must confer with the
17-32 referring practitioner <licensed physician, dentist, chiropractor,
17-33 podiatrist, or other licensed health-care personnel> in order to
17-34 continue the current episode of treatment; and
17-35 (C) the physical therapist commences any episode
17-36 of treatment provided pursuant to this subsection within one year
17-37 of the referral by the licensed physician, dentist, chiropractor,
17-38 podiatrist, or other licensed health-care personnel.
17-39 (3) No physical therapist may provide treatment
17-40 pursuant to Subdivision (2) of this subsection without having been
17-41 licensed to practice physical therapy for at least one year and
17-42 without satisfying other requirements set by the board.
17-43 (4) A licensed physical therapist may provide physical
17-44 assessments or instructions to an asymptomatic person without the
17-45 referral of a referring practitioner <physician, dentist,
17-46 chiropractor, podiatrist, or other licensed health-care personnel>.
17-47 (5) In emergency circumstances, including minor
17-48 emergencies, a licensed physical therapist may provide assistance
17-49 to a person to the best of the therapist's ability without the
17-50 referral of a physician, dentist, chiropractor, podiatrist, or
17-51 other licensed health-care personnel. For the purposes of this
17-52 subsection, "emergency circumstances" means instances where
17-53 emergency medical care is called for. "Emergency medical care"
17-54 means bona fide emergency services provided after the sudden onset
17-55 of a medical condition manifesting itself by acute symptoms of
17-56 sufficient severity, including severe pain, such that the absence
17-57 of immediate medical attention could reasonably be expected to
17-58 result in:
17-59 (A) placing the patient's health in serious
17-60 jeopardy;
17-61 (B) serious impairment to bodily functions; or
17-62 (C) serious dysfunction of any bodily organ or
17-63 part.
17-64 (b) The board may not adopt rules restricting competitive
17-65 bidding or advertising by a person regulated by the board except to
17-66 prohibit false, misleading, or deceptive practices by the person.
17-67 The board may not include in its rules to prohibit false,
17-68 misleading, or deceptive practices by a person regulated by the
17-69 board a rule that:
17-70 (1) restricts the person's use of any medium for
18-1 advertising;
18-2 (2) restricts the person's personal appearance or use
18-3 of his voice in an advertisement;
18-4 (3) relates to the size or duration of an
18-5 advertisement by the person; or
18-6 (4) restricts the person's advertisement under a trade
18-7 name.
18-8 SECTION 2.19. Subsection (a), Section 20, Chapter 836, Acts
18-9 of the 62nd Legislature, Regular Session, 1971 (Article 4512e,
18-10 Vernon's Texas Civil Statutes), is amended to read as follows:
18-11 (a) A person whose application for a license is denied is
18-12 entitled to a hearing before the State Office of Administrative
18-13 Hearings <board> if the applicant <he> submits a written request
18-14 for a hearing to the board.
18-15 SECTION 2.20. Chapter 836, Acts of the 62nd Legislature,
18-16 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
18-17 Statutes), is amended by adding Section 20A to read as follows:
18-18 Sec. 20A. REVOCATION, SUSPENSION, OR PROBATION OF LICENSE.
18-19 (a) The board shall revoke or suspend a license, place on
18-20 probation a licensee whose license has been suspended, or reprimand
18-21 a licensee for a violation of this Act or a rule adopted by the
18-22 board.
18-23 (b) If a license suspension is probated, the board may
18-24 require the licensee to:
18-25 (1) report regularly to the board on matters that are
18-26 the basis of the probation;
18-27 (2) limit practice to the areas prescribed by the
18-28 board; or
18-29 (3) continue or review continuing professional
18-30 education until the licensee attains a degree of skill satisfactory
18-31 to the board in those areas that are the basis of the probation.
18-32 (c) The schedule of sanctions adopted by the board by rule
18-33 shall be used by the State Office of Administrative Hearings for
18-34 any sanction imposed as the result of a hearing conducted by that
18-35 office.
18-36 SECTION 2.21. Chapter 836, Acts of the 62nd Legislature,
18-37 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
18-38 Statutes), is amended by adding Sections 22 through 27 to read as
18-39 follows:
18-40 Sec. 22. COMPLAINT PROCEDURE IN GENERAL. (a) The board
18-41 shall keep an information file about each complaint filed with the
18-42 executive council and referred to the board. The board's
18-43 information file shall be kept current and contain a record for
18-44 each complaint of:
18-45 (1) all persons contacted in relation to the
18-46 complaint;
18-47 (2) a summary of findings made at each step of the
18-48 complaint process;
18-49 (3) an explanation of the legal basis and reason for a
18-50 complaint that is dismissed; and
18-51 (4) other relevant information.
18-52 (b) If a written complaint is received by the board that the
18-53 board has authority to resolve, the board, at least as frequently
18-54 as quarterly and until final disposition of the complaint, shall
18-55 notify the parties to the complaint of the status of the complaint
18-56 unless the notice would jeopardize an undercover investigation.
18-57 (c) The board by rule shall adopt a form to standardize
18-58 information concerning complaints made to the board. The board by
18-59 rule shall prescribe information to be provided to a person when
18-60 the person files a complaint received by the board.
18-61 (d) The board shall provide reasonable assistance to a
18-62 person who wishes to file a complaint.
18-63 Sec. 23. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
18-64 board shall adopt rules concerning the investigation of a complaint
18-65 received by the board. The rules adopted under this subsection
18-66 shall:
18-67 (1) distinguish between categories of complaints;
18-68 (2) ensure that complaints are not dismissed without
18-69 appropriate consideration;
18-70 (3) require that the board be advised of a complaint
19-1 that is dismissed and that a letter be sent to the person who filed
19-2 the complaint explaining the action taken on the dismissed
19-3 complaint;
19-4 (4) ensure that the person who filed the complaint has
19-5 an opportunity to explain the allegations made in the complaint;
19-6 (5) prescribe guidelines concerning the categories of
19-7 complaints that require the use of a private investigator and the
19-8 procedures for the board to obtain the services of a private
19-9 investigator; and
19-10 (6) require the board to advise the executive council
19-11 of complaints disposed of.
19-12 (b) The board shall dispose of all complaints in a timely
19-13 manner. The board shall establish a schedule for conducting each
19-14 phase of a complaint that is under the control of the board not
19-15 later than the 30th day after the date the complaint is received by
19-16 the board. The schedule shall be kept in the information file for
19-17 the complaint and all parties shall be notified of the projected
19-18 time requirements for pursuing the complaint. A change in the
19-19 schedule must be noted in the complaint information file and all
19-20 parties to the complaint must be notified not later than the
19-21 seventh day after the date the change is made.
19-22 (c) The coordinator of the physical therapy programs shall
19-23 notify the board of a complaint that extends beyond the time
19-24 prescribed by the board for resolving the complaint so that the
19-25 board may take necessary action on the complaint.
19-26 Sec. 24. INFORMAL PROCEEDINGS. (a) The board by rule shall
19-27 adopt procedures governing:
19-28 (1) informal disposition of a contested case under
19-29 Section 13(e), Administrative Procedure and Texas Register Act
19-30 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
19-31 subsequent amendments; and
19-32 (2) informal proceedings held in compliance with
19-33 Section 18(c), Administrative Procedure and Texas Register Act
19-34 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
19-35 subsequent amendments.
19-36 (b) Rules adopted under this section must provide the
19-37 complainant and the licensee an opportunity to be heard and must
19-38 require the presence of a representative of the office of the
19-39 attorney general or the board's legal counsel to advise the board
19-40 or board's employees.
19-41 Sec. 25. MONITORING OF LICENSEE. The board by rule shall
19-42 develop a system for monitoring licensees' compliance with the
19-43 requirements of this Act. Rules adopted under this section shall
19-44 include procedures for monitoring a licensee who is ordered by the
19-45 board to perform certain acts to ascertain that the licensee
19-46 performs the required acts and to identify and monitor licensees
19-47 who represent a risk to the public.
19-48 Sec. 26. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
19-49 relating to the administration of this Act are performed in
19-50 accordance with Article 4512e-1, Revised Statutes. To the extent
19-51 of a conflict between this Act and Article 4512e-1, Revised
19-52 Statutes, that article controls.
19-53 Sec. 27. REGISTRATION OF FACILITIES. (a) The board by rule
19-54 shall adopt requirements for the registration and renewal of a
19-55 registration of a facility in which the practice of physical
19-56 therapy is conducted.
19-57 (b) If one or more facilities are owned by an individual,
19-58 partnership, corporation, or other entity, the board may require
19-59 only one application for the registration of all facilities.
19-60 ARTICLE 3. THE PRACTICE OF OCCUPATIONAL THERAPY
19-61 SECTION 3.01. Section 1, Occupational Therapy Title Act
19-62 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
19-63 as follows:
19-64 Sec. 1. SHORT TITLE. This Act shall be known and may be
19-65 cited as the "Occupational Therapy Practice <Title> Act."
19-66 SECTION 3.02. Section 2, Occupational Therapy Title Act
19-67 (Article 8851, Vernon's Texas Civil Statutes), is amended by
19-68 amending Subdivisions (4), (7), and (8) and adding Subdivision (9)
19-69 to read as follows:
19-70 (4) "Board" means the Texas <Advisory> Board of
20-1 Occupational Therapy Examiners.
20-2 (7) "Occupational therapy aide" or "occupational
20-3 therapy orderly" means a person who aids in the practice of
20-4 occupational therapy and whose activities require on-the-job
20-5 training and on-site supervision by an occupational therapist or an
20-6 occupational therapy assistant <"Commission" means the Texas
20-7 Rehabilitation Commission>.
20-8 (8) "Executive council" means the Executive Council of
20-9 Physical Therapy and Occupational Therapy Examiners <"Commissioner"
20-10 means the commissioner of the Texas Rehabilitation Commission>.
20-11 (9) "Coordinator of occupational therapy programs"
20-12 means the employee of the executive council employed under Section
20-13 9, Article 4512e-1, Revised Statutes, and its subsequent
20-14 amendments.
20-15 SECTION 3.03. Section 3, Occupational Therapy Title Act
20-16 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
20-17 as follows:
20-18 Sec. 3. Creation of Board. (a) A Texas <Advisory> Board of
20-19 Occupational Therapy Examiners <is hereby created. The board is
20-20 created as a part of the commission and shall perform its duties as
20-21 a board with the commission. The board> shall consist of six
20-22 members appointed by the governor with the advice and consent of
20-23 the senate for staggered terms of six years<, except for the first
20-24 board appointed hereunder>. Appointments to the board shall be
20-25 made without regard to the race, creed, sex, religion, or national
20-26 origin of the appointees. Members of the board are appointed for
20-27 staggered terms of six years, with two members' terms expiring on
20-28 February 1 of each odd-numbered year. <In making the initial
20-29 appointments, the governor shall designate two members for terms
20-30 expiring February 1, 1985, two members for terms expiring February
20-31 1, 1987, and two members for terms expiring February 1, 1989. The
20-32 appointments shall be made within 30 days after this Act becomes
20-33 effective.>
20-34 (b) Three members of the board must be occupational
20-35 therapists, be residents of this state, and have practiced
20-36 occupational therapy for at least three years immediately preceding
20-37 appointment. One member of the board must be an occupational
20-38 therapy assistant, be a resident of this state, and have practiced
20-39 as an occupational therapy assistant for at least three years
20-40 immediately preceding appointment. All four of these members of
20-41 the board must be licensed under this Act<, except for the members
20-42 of the first board appointed hereunder>. Two members of the board
20-43 must be public members <of the general public> who are not
20-44 occupational therapists.
20-45 (c) <A member or employee of the board may not be an
20-46 officer, employee, or paid consultant of a trade association in the
20-47 field of occupational therapy.>
20-48 <(d) A member or employee of the board may not be related
20-49 within the second degree by affinity or consanguinity, as
20-50 determined under Article 5996h, Revised Statutes, to a person who
20-51 is an officer, employee, or paid consultant of a trade association
20-52 in the field of occupational therapy.>
20-53 <(e)> A vacancy on the board shall be filled by appointment
20-54 by the governor with the advice and consent of the senate for the
20-55 remainder of the term.
20-56 (d) <(f)> A member of the board is not liable to civil
20-57 action for any act performed in good faith in the execution of his
20-58 or her duties in this capacity.
20-59 (e) The members of the board shall, on appointment, elect
20-60 from their number a presiding officer, a secretary, and other
20-61 officers required for the conduct of business.
20-62 (f) The coordinator of occupational therapy programs shall
20-63 keep a record of each meeting of the board and maintain a register
20-64 containing the names of all persons licensed under this Act, which
20-65 shall be at all times open to public inspection. On March 1 of
20-66 each year, the coordinator of occupational therapy programs shall
20-67 transmit an official copy of the list of the licensees to the
20-68 executive council and the secretary of state for permanent record,
20-69 a certified copy of which shall be admissible as evidence in any
20-70 court of this state.
21-1 <(g) The Texas Advisory Board of Occupational Therapy is
21-2 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
21-3 continued in existence as provided by that chapter, the board is
21-4 abolished and this Act expires September 1, 1993.>
21-5 SECTION 3.04. The Occupational Therapy Title Act (Article
21-6 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
21-7 3A through 3M to read as follows:
21-8 Sec. 3A. MEETINGS; COMPENSATION. (a) The board shall hold
21-9 at least two regular meetings each year at which time an
21-10 examination for a license under a law administered by the board
21-11 shall be offered. Additional meetings may be held on the call of
21-12 the presiding officer or at the written request of three members of
21-13 the board.
21-14 (b) A member of the board is entitled to a per diem as set
21-15 by the General Appropriations Act for each day that the member
21-16 engages in the business of the board. A member may not receive any
21-17 reimbursement for travel expenses, including expenses for meals and
21-18 lodging, other than transportation expenses as provided by the
21-19 General Appropriations Act.
21-20 Sec. 3B. PUBLIC MEMBERSHIP RESTRICTION. A person is not
21-21 eligible for appointment as a public member of the board if the
21-22 person or the person's spouse:
21-23 (1) is registered, certified, or licensed by an
21-24 occupational regulatory agency in the field of health care;
21-25 (2) is employed by or participates in the management
21-26 of a business entity or other organization regulated by the
21-27 executive council or the board or receiving funds from the
21-28 executive council or the board;
21-29 (3) owns or controls, directly or indirectly, more
21-30 than a 10 percent interest in a business entity or other
21-31 organization regulated by the executive council or the board or
21-32 receiving funds from the executive council or the board; or
21-33 (4) uses or receives a substantial amount of tangible
21-34 goods, services, or funds from the executive council or the board,
21-35 other than compensation or reimbursement authorized by law for
21-36 executive council or board membership, attendance, or expenses.
21-37 Sec. 3C. CONFLICT OF INTEREST RESTRICTIONS. (a) An
21-38 officer, employee, or paid consultant of a Texas trade association
21-39 in the field of health care may not be a board member.
21-40 (b) A person who is the spouse of an officer, manager, or
21-41 paid consultant of a Texas trade association in the field of health
21-42 care may not be a board member.
21-43 (c) For the purposes of this section, a Texas trade
21-44 association is a nonprofit, cooperative, and voluntarily joined
21-45 association of business or professional competitors in this state
21-46 designed to assist its members and its industry or profession in
21-47 dealing with mutual business or professional problems and in
21-48 promoting their common interest.
21-49 Sec. 3D. EFFECT OF LOBBYING ACTIVITY. A person may not
21-50 serve as a board member if the person is required to register as a
21-51 lobbyist under Chapter 305, Government Code, and its subsequent
21-52 amendments, because of the person's activities for compensation on
21-53 behalf of a profession related to the operation of the executive
21-54 council or the board.
21-55 Sec. 3E. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
21-56 ground for removal from the board if a member:
21-57 (1) does not have at the time of appointment the
21-58 qualifications required by Section 3 of this Act;
21-59 (2) does not maintain during service on the board the
21-60 qualifications required by Section 3 of this Act;
21-61 (3) violates a prohibition established by Section 3C
21-62 or 3D of this Act;
21-63 (4) cannot discharge the member's duties for a
21-64 substantial part of the term for which the member is appointed
21-65 because of illness or disability; or
21-66 (5) is absent from more than half of the regularly
21-67 scheduled board meetings that the member is eligible to attend
21-68 during a calendar year unless the absence is excused by majority
21-69 vote of the board.
21-70 (b) The validity of an action of the board is not affected
22-1 by the fact that it is taken when a ground for removal of a board
22-2 member exists.
22-3 (c) If the coordinator of occupational therapy programs has
22-4 knowledge that a potential ground for removal exists, the
22-5 coordinator shall notify the presiding officer of the board of the
22-6 ground. The presiding officer shall then notify the governor that
22-7 a potential ground for removal exists.
22-8 Sec. 3F. STAFF. (a) The board may request the executive
22-9 council to assign administrative and clerical employees as
22-10 necessary to carry out the board's functions.
22-11 (b) The board shall develop and implement policies that
22-12 clearly define the respective responsibilities of the board and the
22-13 staff of the executive council.
22-14 Sec. 3G. REGULATORY STATUTES ADMINISTERED. Except as
22-15 provided by other statutes, the board shall administer and enforce
22-16 this Act.
22-17 Sec. 3H. PUBLIC INTEREST INFORMATION. The board shall
22-18 prepare information of public interest describing the functions of
22-19 the board and the board's procedures by which complaints are filed
22-20 with and resolved by the board. The board shall make the
22-21 information available to the public and appropriate state agencies.
22-22 Sec. 3I. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
22-23 shall develop and implement policies that provide the public with a
22-24 reasonable opportunity to appear before the board and to speak on
22-25 any issue under the jurisdiction of the board.
22-26 Sec. 3J. PROGRAM ACCESSIBILITY. The board shall prepare and
22-27 maintain a written plan that describes how a person who does not
22-28 speak English can be provided reasonable access to the board's
22-29 programs. The board shall also comply with federal and state laws
22-30 for program and facility accessibility.
22-31 Sec. 3K. TRAINING; STANDARDS OF CONDUCT INFORMATION.
22-32 (a) Each board member shall comply with the board member training
22-33 requirements established by any other state agency that is given
22-34 authority to establish the requirements for the board.
22-35 (b) The board shall provide to its members, as often as
22-36 necessary, information regarding their qualifications for office
22-37 under this Act and their responsibilities under applicable laws
22-38 relating to standards of conduct for state officers.
22-39 Sec. 3L. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
22-40 board is subject to:
22-41 (1) the open meetings law, Chapter 271, Acts of the
22-42 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
22-43 Texas Civil Statutes), and its subsequent amendments; and
22-44 (2) the Administrative Procedure and Texas Register
22-45 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
22-46 subsequent amendments.
22-47 Sec. 3M. SUNSET PROVISION. The Texas Board of Occupational
22-48 Therapy Examiners is subject to Chapter 325, Government Code (Texas
22-49 Sunset Act), and its subsequent amendments. Unless continued in
22-50 existence as provided by that chapter, the board is abolished and
22-51 this Act expires September 1, 2005.
22-52 SECTION 3.05. Section 5, Occupational Therapy Title Act
22-53 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
22-54 as follows:
22-55 Sec. 5. Powers and Duties of the Board. (a) The board
22-56 shall approve applicants for licenses at least once each year at
22-57 such reasonable times and places as shall be designated by the
22-58 board in its discretion.
22-59 (b) <The board may collect fees for licenses, license
22-60 renewals, examinations, and all other administrative expenses. If
22-61 the General Appropriations Act does not set the amount of those
22-62 fees, the board shall set the fees in amounts that will recover the
22-63 amount appropriated for the operation of the board from the General
22-64 Revenue Fund.>
22-65 <(c)> The board shall approve the examination as described
22-66 in Subsection (b) of Section 17 of this Act.
22-67 (c) <(d)> The board shall adopt rules consistent with this
22-68 Act to carry out its duties in administering this Act. <may
22-69 investigate complaints; issue, suspend, deny, and revoke licenses;
22-70 reprimand licensees and place them on probation; issue subpoenas;
23-1 and hold hearings. The board shall keep an information file about
23-2 each complaint that is filed with the board relating to a licensee
23-3 or an entity regulated by the board. If a written complaint is
23-4 filed with the board relating to a licensee or entity regulated by
23-5 the board, the board shall notify the parties to the complaint of
23-6 the status of the complaint unless the notice would jeopardize an
23-7 undercover investigation. The board shall notify the parties to
23-8 the complaint at least as frequently as quarterly until the final
23-9 disposition of the complaint.>
23-10 <(e) The board shall propose rules consistent with this Act
23-11 to carry out its duties in administering this Act, shall submit
23-12 said rules to the office of the Attorney General of Texas for
23-13 review, and shall then adopt rules consistent with the advice of
23-14 the attorney general. In adopting its rules, the board shall
23-15 consider any applicable policies and procedures of the commission.>
23-16 <(f) The commissioner with the advice of the board shall
23-17 appoint an executive director to implement the purposes of this Act
23-18 at a salary as determined by legislative appropriation.>
23-19 <(g) The executive director of the board or her/his designee
23-20 shall develop an intraagency career ladder program, one part of
23-21 which shall be the intraagency posting of all nonentry level
23-22 positions for at least 10 days before any public posting.>
23-23 <(h) The executive director of the board or her/his designee
23-24 shall develop a system of annual performance evaluation based on
23-25 measurable job tasks. All merit pay for board employees must be
23-26 based on the system established under this section.>
23-27 <(i) The board shall contract for space, computer services,
23-28 office materials, employees, and any other needed services,
23-29 materials, or assistants deemed necessary.>
23-30 <(j) The board shall prepare information of consumer
23-31 interest describing the regulatory functions of the board and the
23-32 legal rights of consumers as provided in this Act.>
23-33 <(k) The board shall assist the proper legal authorities in
23-34 the prosecution of all persons violating any provisions of this
23-35 Act.>
23-36 <(l) The board shall prepare or approve continuing education
23-37 programs for licensees and shall require each licensee to
23-38 participate in an approved continuing education program in order to
23-39 renew a license issued under this Act.>
23-40 <(m) The board shall develop and implement policies that
23-41 clearly define the respective responsibilities of the governing
23-42 body of the board and the staff of the board.>
23-43 SECTION 3.06. The Occupational Therapy Title Act (Article
23-44 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
23-45 5A through 5E to read as follows:
23-46 Sec. 5A. MANDATORY CONTINUING EDUCATION. (a) The board by
23-47 rule shall establish a minimum number of hours of continuing
23-48 education required to renew a license under this Act. The board
23-49 may assess the continuing education needs of licensees and may
23-50 require licensees to attend continuing education courses specified
23-51 by the board. The board by rule shall develop a process to
23-52 evaluate and approve continuing education courses.
23-53 (b) The board shall identify the key factors for the
23-54 competent performance by a licensee of the licensee's professional
23-55 duties. The board shall adopt a procedure to assess a licensee's
23-56 participation in continuing education programs.
23-57 Sec. 5B. COMPLAINT INFORMATION. (a) The board shall keep
23-58 an information file about each complaint filed with the executive
23-59 council and referred to the board. The board's information file
23-60 shall be kept current and contain a record for each complaint of:
23-61 (1) all persons contacted in relation to the
23-62 complaint;
23-63 (2) a summary of findings made at each step of the
23-64 complaint process;
23-65 (3) an explanation of the legal basis and reason for a
23-66 complaint that is dismissed; and
23-67 (4) other relevant information.
23-68 (b) If a written complaint is received by the board that the
23-69 board has authority to resolve, the board, at least as frequently
23-70 as quarterly and until final disposition of the complaint, shall
24-1 notify the parties to the complaint of the status of the complaint
24-2 unless the notice would jeopardize an undercover investigation.
24-3 (c) The board by rule shall adopt a form to standardize
24-4 information concerning complaints made to the board. The board by
24-5 rule shall prescribe information to be provided to a person when
24-6 the person files a complaint received by the board.
24-7 (d) The board shall provide reasonable assistance to a
24-8 person who wishes to file a complaint.
24-9 Sec. 5C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
24-10 board shall adopt rules concerning the investigation of a complaint
24-11 received by the board. The rules adopted under this subsection
24-12 shall:
24-13 (1) distinguish between categories of complaints;
24-14 (2) ensure that complaints are not dismissed without
24-15 appropriate consideration;
24-16 (3) require that the board be advised of a complaint
24-17 that is dismissed and that a letter be sent to the person who filed
24-18 the complaint explaining the action taken on the dismissed
24-19 complaint;
24-20 (4) ensure that the person who filed the complaint has
24-21 an opportunity to explain the allegations made in the complaint;
24-22 (5) prescribe guidelines concerning the categories of
24-23 complaints that require the use of a private investigator and the
24-24 procedures for the board to obtain the services of a private
24-25 investigator; and
24-26 (6) require the board to advise the executive council
24-27 of complaints disposed of.
24-28 (b) The board shall dispose of all complaints in a timely
24-29 manner. The board shall establish a timeline for conducting each
24-30 phase of a complaint that is under the control of the board not
24-31 later than the 30th day after the date the complaint is received by
24-32 the board. The timeline shall be kept in the information file for
24-33 the complaint and all parties shall be notified of the projected
24-34 time requirements for pursuing the complaint. A change in the
24-35 timeline must be noted in the complaint information file and all
24-36 parties to the complaint must be notified not later than the
24-37 seventh day after the date the change is made.
24-38 (c) The coordinator of occupational therapy programs of the
24-39 board shall notify the board of a complaint that extends beyond the
24-40 time prescribed by the board for resolving the complaint so that
24-41 the board may take necessary action on the complaint.
24-42 Sec. 5D. INFORMAL PROCEEDINGS. (a) The board by rule shall
24-43 adopt procedures governing:
24-44 (1) informal disposition of a contested case under
24-45 Section 13(e), Administrative Procedure and Texas Register Act
24-46 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
24-47 subsequent amendments; and
24-48 (2) informal proceedings held in compliance with
24-49 Section 18(c), Administrative Procedure and Texas Register Act
24-50 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
24-51 subsequent amendments.
24-52 (b) Rules adopted under this section must provide the
24-53 complainant and the licensee an opportunity to be heard and must
24-54 require the presence of a representative of the office of the
24-55 attorney general or the board's legal counsel to advise the board
24-56 or board's employees.
24-57 Sec. 5E. MONITORING OF LICENSEE. The board by rule shall
24-58 develop a system for monitoring licensees' compliance with the
24-59 requirements of this Act. Rules adopted under this section shall
24-60 include procedures for monitoring a licensee who is ordered by the
24-61 board to perform certain acts to ascertain that the licensee
24-62 performs the required acts and to identify and monitor licensees
24-63 who represent a risk to the public.
24-64 SECTION 3.07. Section 17, Occupational Therapy Title Act
24-65 (Article 8851, Vernon's Texas Civil Statutes), is amended by
24-66 amending Subsections (a), (b), and (e) and adding Subsection (f) to
24-67 read as follows:
24-68 (a) Only a person satisfying the requirements of Section 16,
24-69 except Subdivision (3) <Subsection (e)> of Section 16, may apply
24-70 for examination in such a manner as the board shall prescribe. The
25-1 application shall be accompanied by the nonrefundable fee
25-2 prescribed by the executive council <Subdivision (1) of Subsection
25-3 (b) of Section 5 of this Act>.
25-4 (b) Each applicant for licensure shall be examined by
25-5 written examination to test the applicant's <his or her> knowledge
25-6 of the basic and clinical sciences relating to occupational
25-7 therapy, occupational therapy techniques and methods, and such
25-8 other subjects as the board may require to determine the
25-9 applicant's fitness to practice. The board shall approve an
25-10 examination for occupational therapists and an examination for
25-11 occupational therapy assistants and establish standards for
25-12 acceptable performance. The board shall have the written portion
25-13 of an examination validated by an independent testing entity.
25-14 (e) In case of failure of any examination the applicant
25-15 shall have the privilege of a second examination on payment of the
25-16 prescribed fees. In case of a second failure, the applicant shall
25-17 be eligible for a third examination, but shall, in addition to the
25-18 requirements for previous examinations, have to wait a specific
25-19 period not to exceed one year before reexamination. Further
25-20 testing will be at the discretion of the board. If requested in
25-21 writing by a person who fails a licensing examination administered
25-22 under this Act, the board shall furnish the person with an analysis
25-23 of the person's performance on the examination.
25-24 (f) Not later than the 30th day after the date on which a
25-25 licensing examination is administered under this Act, the board
25-26 shall notify each examinee of the results of the examination.
25-27 However, if an examination is graded or reviewed by a national
25-28 testing service, the board shall notify examinees of the results of
25-29 the examination not later than the 14th day after the date on which
25-30 the board receives the results from the testing service. If the
25-31 notice of examination results graded or reviewed by a national
25-32 testing service will be delayed for longer than 90 days after the
25-33 examination date, the board shall notify the examinee of the reason
25-34 for the delay before the 90th day.
25-35 SECTION 3.08. Section 18, Occupational Therapy Title Act
25-36 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
25-37 as follows:
25-38 Sec. 18. PROVISIONAL LICENSES <LICENSE BY ENDORSEMENT>.
25-39 (a) On application, the board shall grant a provisional license
25-40 for the practice of occupational therapy. An applicant for a
25-41 provisional license under this section must:
25-42 (1) be licensed in good standing as an occupational
25-43 therapist or occupational therapy assistant in another state, the
25-44 District of Columbia, or a territory of the United States that has
25-45 licensing requirements that are substantially equivalent to the
25-46 requirements of this Act;
25-47 (2) have passed a national or other examination
25-48 recognized by the board relating to the practice of occupational
25-49 therapy; and
25-50 (3) be sponsored by a person licensed by the board
25-51 under this Act with whom the provisional licensee may practice
25-52 under this section.
25-53 (b) An applicant for a provisional license may be excused
25-54 from the requirement of Subsection (a)(3) of this section if the
25-55 board determines that compliance with that subsection constitutes a
25-56 hardship to the applicant.
25-57 (c) A provisional license is valid until the date the board
25-58 approves or denies the provisional licensee's application for a
25-59 license. The board shall issue a license under this Act to the
25-60 holder of a provisional license under this section if:
25-61 (1) the provisional licensee passes a jurisprudence
25-62 examination, if required;
25-63 (2) the board verifies that the provisional licensee
25-64 has the academic and experience requirements for a license under
25-65 this Act; and
25-66 (3) the provisional licensee satisfies any other
25-67 license requirements under this Act.
25-68 (d) The board must complete the processing of a provisional
25-69 licensee's application for a license not later than the 180th day
25-70 after the date the provisional license is issued. The board may
26-1 extend the 180-day limit if the results of an examination have not
26-2 been received by the board <A person who is licensed or otherwise
26-3 registered as an occupational therapist or as an occupational
26-4 therapy assistant by another state, the District of Columbia, or a
26-5 commonwealth or territory of the United States whose requirements
26-6 for licensing or registration were at the date of licensing or
26-7 registration substantially equal to the requirements prescribed by
26-8 this Act may receive an occupational therapist license without
26-9 examination, on submission of an application on a form prescribed
26-10 by the board and payment of an endorsement license fee prescribed
26-11 by the board.>
26-12 <(b) The board may also waive examination requirements for a
26-13 person who is certified by a national association approved by the
26-14 board and who is currently practicing in a state that does not
26-15 require a license or other form of registration>.
26-16 SECTION 3.09. Section 20, Occupational Therapy Title Act
26-17 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
26-18 as follows:
26-19 Sec. 20. Foreign-Trained Applicants. Foreign-trained
26-20 occupational therapists and occupational therapy assistants shall
26-21 satisfy the examination requirements of Subdivision (3) <Subsection
26-22 (e)> of Section 16. The board shall require foreign-trained
26-23 applicants to furnish proof of good moral character and completion
26-24 of educational and supervised field work requirements substantially
26-25 equal to those contained in Section 16 before taking the
26-26 examination.
26-27 SECTION 3.10. Section 22, Occupational Therapy Title Act
26-28 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
26-29 as follows:
26-30 Sec. 22. Temporary License. <(a)> The board by rule may
26-31 provide for the issuance of a temporary license. Rules adopted
26-32 under this section shall include a time limit for a licensee to
26-33 remain on temporary status. A holder of a temporary license shall
26-34 practice under the supervision of an occupational therapist
26-35 licensed by the board <may issue a temporary license without
26-36 examination to a person who is a recent graduate of an institution
26-37 of higher education in the United States if the person has applied
26-38 for a license, has applied to take the licensing examination, and
26-39 meets the requirements for license under Section 16 of this Act. A
26-40 person who holds a temporary license may practice only under the
26-41 supervision of a person who holds a regular license. A temporary
26-42 license expires on notification of the results of the licensing
26-43 examination. Issuance of a temporary license following failure of
26-44 part or all of the examination shall be according to rules adopted
26-45 by the board.>
26-46 <(b) The board shall issue a temporary license to a person
26-47 who has applied for endorsement of her/his license under the
26-48 provisions of Section 18 of this Act. On approval by the board of
26-49 the application and payment of fees, the board shall issue a
26-50 permanent license on the issuance of which the temporary license
26-51 issued under this provision shall expire>.
26-52 SECTION 3.11. Section 24, Occupational Therapy Title Act
26-53 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
26-54 as follows:
26-55 Sec. 24. Renewal of Unexpired License. (a) The board by
26-56 rule may adopt a system under which licenses expire on various
26-57 dates during the year. For the year in which the license
26-58 expiration date is changed, license fees shall be prorated on a
26-59 monthly basis so that each licensee shall pay only that portion of
26-60 the license fee that is allocable to the number of months during
26-61 which the license is valid. On renewal of the license on the new
26-62 expiration date, the total license renewal fee is payable <A
26-63 license issued under this Act, unless otherwise provided in this
26-64 Act, expires on the licensee's birthday, except for licenses which
26-65 would thereby expire before January 1, 1985, which licenses shall
26-66 not expire until the licensee's first birthday after that date>.
26-67 (b) A person may renew an unexpired license by paying to the
26-68 executive council before the expiration date of the license the
26-69 required <A renewal license shall be issued on submission of an
26-70 application on a form prescribed by the board and payment of a>
27-1 renewal fee <before the expiration date of the license>.
27-2 SECTION 3.12. Section 25, Occupational Therapy Title Act
27-3 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
27-4 as follows:
27-5 Sec. 25. Renewal of Expired License. (a) If a person's
27-6 license has been expired for <not more than> 90 days or less, the
27-7 person may renew the license by paying to the executive council
27-8 <board> the required renewal fee plus a <late> fee in an amount
27-9 that is one-half of the examination fee for the license <fee>.
27-10 (b) If a person's license has been expired for more than 90
27-11 days but less than one year <two years>, the person may renew the
27-12 license by paying to the executive council <board> all unpaid
27-13 renewal fees and a <late> fee that is equal to the examination fee
27-14 for the license <fee>.
27-15 (c) If a person's license has been expired for one year <two
27-16 years> or more, the person may not renew the license. The person
27-17 may obtain a new license by <applying for a license,> submitting to
27-18 reexamination<,> and complying with the requirements and procedures
27-19 for obtaining an original license. However, the board may renew
27-20 without reexamination an expired license of a person who was
27-21 licensed in this state, moved to another state, and has been in
27-22 practice <legally practicing> in the other state for the two years
27-23 preceding <the> application <for renewal>. The person must <shall>
27-24 pay to the executive council <board> a renewal fee that is equal to
27-25 the examination fee for the license <fee>.
27-26 (d) At least 30 days <Not later than the 30th day> before
27-27 the expiration <date> of a person's license, the executive council
27-28 <board> shall send written notice of the impending license
27-29 expiration to the person at the person's last known address.
27-30 SECTION 3.13. Section 25A, Occupational Therapy Title Act
27-31 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
27-32 as follows:
27-33 Sec. 25A. Inactive Status List. The board by rule may
27-34 provide for a person who holds a license under this Act to be
27-35 placed on inactive status. Rules adopted under this section shall
27-36 include a time limit for a licensee to remain on inactive status
27-37 <(a) A person who holds a license under this Act and who is not
27-38 actively engaged in the practice of occupational therapy may apply
27-39 to the board in writing to be placed on an inactive status list
27-40 maintained by the board. The person must apply for inactive status
27-41 before the expiration of the person's license. A person on
27-42 inactive status is not required to pay the annual renewal fee.>
27-43 <(b) A person on inactive status may not perform any
27-44 activities regulated under this Act.>
27-45 <(c) If a person on inactive status desires to reenter
27-46 active practice, the person shall notify the board in writing. The
27-47 board shall remove the person from the inactive status list on
27-48 payment of an administrative fee and on compliance with educational
27-49 or other requirements set by the board by rule>.
27-50 SECTION 3.14. Section 26, Occupational Therapy Title Act
27-51 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
27-52 as follows:
27-53 Sec. 26. Title. A licensed occupational therapist may use
27-54 the title "Occupational Therapist Registered" and the initials
27-55 "O.T.R." No other person may be designated or permitted to use the
27-56 terms "Occupational Therapist Registered" or "O.T.R." A licensed
27-57 occupational therapy assistant may use the title "Certified
27-58 Occupational Therapy Assistant" and the initials "C.O.T.A." No
27-59 other person may be designated or permitted to use the terms
27-60 "Certified Occupational Therapy Assistant" or "C.O.T.A." Neither
27-61 title authorizes the use of the prefix "Dr.," the word "Doctor," or
27-62 any suffix or affix indicating or implying that the licensed person
27-63 is a physician.
27-64 SECTION 3.15. Subsections (a), (b), and (c), Section 28,
27-65 Occupational Therapy Title Act (Article 8851, Vernon's Texas Civil
27-66 Statutes), are amended to read as follows:
27-67 (a) A person may not practice or represent himself or
27-68 herself as able to practice occupational therapy or act as or
27-69 represent himself or herself as being an occupational therapist
27-70 unless he or she is licensed under this Act.
28-1 (b) A person may not act as or represent himself or herself
28-2 as being an occupational therapy assistant unless he or she is
28-3 licensed under this Act.
28-4 (c) It is unlawful for any person who is not licensed under
28-5 this Act as an occupational therapist or an occupational therapy
28-6 assistant or whose registration has been suspended or revoked to:
28-7 (1) use in connection with his or her practice or
28-8 place of business the words "occupational therapy," "occupational
28-9 therapist," "licensed occupational therapist," "occupational
28-10 therapist registered," "occupational therapy assistant," "licensed
28-11 occupational therapy assistant," "certified occupational therapy
28-12 assistant," or the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.,"
28-13 "O.T.A.," "L.O.T.A.," or "C.O.T.A.," or any other words, letters,
28-14 abbreviations, or insignia indicating or implying that he or she is
28-15 an occupational therapist or an occupational therapy assistant;
28-16 (2) <or who> in any way, orally, in writing, in print,
28-17 or by sign directly or by implication represent <represents>
28-18 himself or herself as an occupational therapist or an occupational
28-19 therapy assistant; or
28-20 (3) in any way, orally, in writing, in print, or by
28-21 sign, or in any other way, directly or indirectly, represent that
28-22 occupational therapy is provided or supplied, or extend or provide
28-23 occupational therapy services unless the services are provided by
28-24 an occupational therapist or an occupational therapy assistant
28-25 licensed under this Act.
28-26 SECTION 3.16. Section 30, Occupational Therapy Title Act
28-27 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
28-28 as follows:
28-29 Sec. 30. Denial, Suspension, or Revocation of a License;
28-30 Discipline of a Licensee. (a) If the State Office of
28-31 Administrative Hearings <board> proposes to deny a license, <or> to
28-32 suspend or revoke a license, or to take other disciplinary action
28-33 against a licensee the applicant or licensee is entitled to a
28-34 hearing before the board <or before a hearing officer appointed by
28-35 the board>. All final decisions shall be made by the board.
28-36 (b) After a final decision by the board <hearing>, a license
28-37 may be denied, suspended, or revoked or a licensee otherwise
28-38 disciplined if the applicant or licensee has:
28-39 (1) used drugs or intoxicating liquors to an extent
28-40 that affects his or her professional competence;
28-41 (2) been convicted of a crime, other than minor
28-42 offenses defined as "minor misdemeanors," "violations," or
28-43 "offenses," in any court if the acts for which he or she was
28-44 convicted are found by the board to have a direct bearing on
28-45 whether he or she should be entrusted to service the public in the
28-46 capacity of an occupational therapist or occupational therapy
28-47 assistant;
28-48 (3) obtained or attempted to obtain a license by fraud
28-49 or deception;
28-50 (4) been grossly negligent in the practice of
28-51 occupational therapy or in acting as an occupational therapy
28-52 assistant;
28-53 (5) been adjudicated mentally incompetent by a court
28-54 of competent jurisdiction;
28-55 (6) practiced occupational therapy in a manner
28-56 detrimental to the public health and welfare;
28-57 (7) advertised in a manner that in any way tends to
28-58 deceive or defraud the public; or
28-59 (8) had his or her license to practice occupational
28-60 therapy revoked or suspended or had other disciplinary action taken
28-61 against him or her or had his or her application for a license
28-62 refused, revoked, or suspended by the proper licensing authority of
28-63 another state, territory, or nation.
28-64 SECTION 3.17. Section 31, Occupational Therapy Title Act
28-65 (Article 8851, Vernon's Texas Civil Statutes), is amended by
28-66 amending Subsections (b) and (c) and adding Subsection (d) to read
28-67 as follows:
28-68 (b) The board may deny or refuse to renew a license, may
28-69 suspend or revoke a license, may reprimand a licensee, or may
28-70 impose probationary conditions after a hearing by the State Office
29-1 of Administrative Hearings as provided by Section 30 of this Act.
29-2 If a license suspension is probated, the board may require the
29-3 licensee to:
29-4 (1) report regularly to the board on matters that are
29-5 the basis of the probation;
29-6 (2) limit practice to the areas prescribed by the
29-7 board; or
29-8 (3) continue or review continuing professional
29-9 education until the licensee attains a degree of skill satisfactory
29-10 to the board in those areas that are the basis of the probation.
29-11 (c) The schedule of sanctions adopted by the board by rule
29-12 shall be used by the State Office of Administrative Hearings for
29-13 any sanction imposed as the result of a hearing conducted by that
29-14 office <in the manner provided by the rules adopted by the board>.
29-15 (d) <(c)> On application, the board may reissue a license to
29-16 a person whose license has been denied or who has been disciplined
29-17 by the board, but the application may not be made before the 180th
29-18 day after the date the order of denial or discipline became final,
29-19 and the application must be made in the manner and form required by
29-20 the board.
29-21 SECTION 3.18. The Occupational Therapy Title Act (Article
29-22 8851, Vernon's Texas Civil Statutes) is amended by adding Sections
29-23 31A through 31D to read as follows:
29-24 Sec. 31A. COMPETITIVE BIDDING; ADVERTISING. (a) The board
29-25 may not adopt rules restricting competitive bidding or advertising
29-26 by a person regulated by the board except to prohibit false,
29-27 misleading, or deceptive practices by the person.
29-28 (b) The board may not include in its rules to prohibit
29-29 false, misleading, or deceptive practices by a person regulated by
29-30 the board a rule that:
29-31 (1) restricts the use of any medium for advertising;
29-32 (2) restricts the person's personal appearance or use
29-33 of the person's voice in an advertisement;
29-34 (3) relates to the size or duration of an
29-35 advertisement by the person; or
29-36 (4) restricts the person's advertisement under a trade
29-37 name.
29-38 Sec. 31B. REGISTRATION OF FACILITIES. (a) The board by
29-39 rule shall adopt requirements for the registration and renewal of a
29-40 registration of a facility in which the practice of occupational
29-41 therapy is conducted. A facility licensed under Subtitle B, Title
29-42 4, Health and Safety Code, is exempt from registration requirements
29-43 under this section.
29-44 (b) If one or more facilities are owned by an individual,
29-45 partnership, corporation, or other entity, the board may require
29-46 only one application for the registration of all facilities.
29-47 Sec. 31C. FEES. The board may recommend to the executive
29-48 council the reasonable and necessary fees for licenses issued or
29-49 services performed under this Act so that the fees, in the
29-50 aggregate, produce sufficient revenue to cover the cost of
29-51 administering this Act. The board may not recommend a fee to the
29-52 executive council for an amount less than the amount of that fee on
29-53 September 1, 1993.
29-54 Sec. 31D. CERTAIN FUNCTIONS TRANSFERRED. Certain functions
29-55 relating to the administration of this Act are performed in
29-56 accordance with Article 4512e-1, Revised Statutes. To the extent
29-57 of a conflict between this Act and Article 4512e-1, Revised
29-58 Statutes, that article controls.
29-59 ARTICLE 4. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
29-60 SECTION 4.01. (a) As soon as possible after the effective
29-61 date of this Act, the governor, the Texas Board of Physical Therapy
29-62 Examiners, and the Texas Board of Occupational Therapy Examiners
29-63 shall appoint the initial members of the Executive Council of
29-64 Physical Therapy and Occupational Therapy Examiners in accordance
29-65 with Article 4512e-1, Revised Statutes, as added by this Act.
29-66 (b) The obligations, rights, contracts, records and other
29-67 property, and personnel of, and unspent money appropriated to or
29-68 for, the Texas Board of Physical Therapy Examiners and the Texas
29-69 Advisory Board of Occupational Therapy are transferred to the
29-70 Executive Council of Physical Therapy and Occupational Therapy
30-1 Examiners.
30-2 (c) The rules of the Texas Board of Physical Therapy
30-3 Examiners and the Texas Advisory Board of Occupational Therapy are
30-4 continued in effect as rules of the Executive Council of Physical
30-5 Therapy and Occupational Therapy Examiners until superseded by rule
30-6 of the new council.
30-7 (d) The licenses in effect that were issued by the Texas
30-8 Board of Physical Therapy Examiners and the Texas Advisory Board of
30-9 Occupational Therapy are continued in effect as licenses of the
30-10 Executive Council of Physical Therapy and Occupational Therapy
30-11 Examiners.
30-12 SECTION 4.02. The following laws are repealed:
30-13 (1) Section 5, Chapter 836, Acts of the 62nd
30-14 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
30-15 Civil Statutes); and
30-16 (2) Sections 4, 6 through 14, 19, and 21, Occupational
30-17 Therapy Title Act (Article 8851, Vernon's Texas Civil Statutes).
30-18 SECTION 4.03. This Act takes effect September 1, 1993.
30-19 SECTION 4.04. The importance of this legislation and the
30-20 crowded condition of the calendars in both houses create an
30-21 emergency and an imperative public necessity that the
30-22 constitutional rule requiring bills to be read on three several
30-23 days in each house be suspended, and this rule is hereby suspended.
30-24 * * * * *
30-25 Austin,
30-26 Texas
30-27 April 29, 1993
30-28 Hon. Bob Bullock
30-29 President of the Senate
30-30 Sir:
30-31 We, your Committee on Health and Human Services to which was
30-32 referred S.B. No. 690, have had the same under consideration, and I
30-33 am instructed to report it back to the Senate with the
30-34 recommendation that it do not pass, but that the Committee
30-35 Substitute adopted in lieu thereof do pass and be printed.
30-36 Zaffirini,
30-37 Chair
30-38 * * * * *
30-39 WITNESSES
30-40 FOR AGAINST ON
30-41 ___________________________________________________________________
30-42 Name: Joey Longley x
30-43 Representing: Sunset Commission
30-44 City: Austin
30-45 -------------------------------------------------------------------
30-46 Name: Ying Tang x
30-47 Representing: Sunset Comm
30-48 City: Austin
30-49 -------------------------------------------------------------------
30-50 Name: Sherry L. Lee x
30-51 Representing: Tx St Bd of Physical Therapy
30-52 City: Austin
30-53 -------------------------------------------------------------------
30-54 Name: Linda Vaclavic x
30-55 Representing: Tx Adv Bd of Occupational
30-56 City: Austin
30-57 -------------------------------------------------------------------
30-58 Name: Missy Donnell x
30-59 Representing: Tx Occupational Therapy Asso
30-60 City: Austin
30-61 -------------------------------------------------------------------
30-62 Name: Travis Cox x
30-63 Representing: Tx St Bd of Physical Therapy
30-64 City: San Antonio
30-65 -------------------------------------------------------------------
30-66 Name: Dr. Jane Noojin x
30-67 Representing: Tx Chiropractic Asso
30-68 City: Houston
30-69 -------------------------------------------------------------------
30-70 Name: J. P. Word x
31-1 Representing: Tx Chiropractic Asso
31-2 City: Austin
31-3 -------------------------------------------------------------------
31-4 FOR AGAINST ON
31-5 ___________________________________________________________________
31-6 Name: Mary R. Dallong x
31-7 Representing: Tx Physical Therapy Asso
31-8 City: Spring
31-9 -------------------------------------------------------------------