reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.108. Waiver of Examination Requirement

Sec. 403.108.  WAIVER OF EXAMINATION REQUIREMENT.  The department may waive the examination requirement and issue a license to an applicant who holds an appropriate certificate or other accreditation from a nationally accredited multisensory structured language education organization recognized by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 4.003, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter C. License Requirements › Section 403.110. Qualified Instructor

Sec. 403.110.  QUALIFIED INSTRUCTOR.  To be considered a qualified instructor under this chapter, a person must:
(1)  be a licensed dyslexia therapist;
(2)  have at least 1,400 hours of clinical teaching experience in addition to the hours required to obtain a licensed dyslexia therapist license; and
(3)  have completed a two-year course of study dedicated to the administration and supervision of multisensory structured language education programs taught by a nationally accredited training program that meets the requirements of Section 403.106.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter D. Practice by License Holder › Section 403.151. Practice Setting

Sec. 403.151.  PRACTICE SETTING.  (a)  A licensed dyslexia practitioner may practice only in, or provide telehealth services from a remote location only to, an educational setting, including a school, learning center, or clinic.
(b)  A licensed dyslexia therapist may practice in, or provide telehealth services from a remote location to, a school, learning center, clinic, or private practice setting.
(c)  A license holder may provide telehealth services only in a practice setting described by this section, regardless of the physical location of the license holder or the recipient of the telehealth services.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 210 (S.B. 40), Sec. 3, eff. June 3, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter E. License Denial; Disciplinary Procedures › Section 403.202. Prohibited Actions

Sec. 403.202.  PROHIBITED ACTIONS.  A license holder may not:
(1)  obtain a license by means of fraud, misrepresentation, or concealment of a material fact;
(2)  sell, barter, or offer to sell or barter a license; or
(3)  engage in unprofessional conduct that endangers or is likely to endanger the health, welfare, or safety of the public as defined by commission rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2010.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.068, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.138, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter E. License Denial; Disciplinary Procedures › Section 403.203. Grounds for Disciplinary Action

Sec. 403.203.  GROUNDS FOR DISCIPLINARY ACTION.  If a license holder violates this chapter or a rule or code of ethics adopted by the commission, the commission or executive director shall:
(1)  revoke or suspend the license;
(2)  place on probation the person if the person's license has been suspended;
(3)  reprimand the license holder; or
(4)  refuse to renew the license.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2010.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.139, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 403 - Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists › Subchapter E. License Denial; Disciplinary Procedures › Section 403.209. Monitoring of License Holder

Sec. 403.209.  MONITORING OF LICENSE HOLDER.  (a)  The commission by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.
(b)  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the commission or executive director to perform certain acts; and
(2)  identify and monitor license holders who represent a risk to the public.
Added by Acts 2009, 81st Leg., R.S., Ch. 1255 (H.B. 461), Sec. 1, eff. September 1, 2010.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.142, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter A. General Provisions › Section 451.001. Definitions

Sec. 451.001.  DEFINITIONS.  In this chapter:
(1)  "Athletic injury" means an injury sustained by a person as a result of physical activity or exercise or the person's participation in an organized sport or sport-related exercise or activity, including interscholastic, intercollegiate, intramural, recreational, semiprofessional, and professional sports activities.
(2)  "Athletic trainer" means a person who practices athletic training, is licensed by the department, and may use the initials "LAT," "LATC," and "AT" to designate the person as an athletic trainer.  The terms "sports trainer" and "licensed athletic trainer" are equivalent to "athletic trainer."
(3)  "Athletic training" means the form of health care that includes principles and methods for managing and treating athletic injuries for athletic individuals in good general health under the direction of a physician licensed in this state or another qualified, licensed health professional who is authorized to refer for health care services within the scope of the person's license, and consists of:
(A)  managing the risk of an athletic injury or illness;
(B)  preventing an athletic injury or illness;
(C)  assessing an athletic injury or illness;
(D)  providing immediate emergency care;
(E)  providing therapeutic intervention for an athletic injury; and
(F)  reconditioning an athletic injury or illness.
(4)  "Board" means the Advisory Board of Athletic Trainers.
(5)  "Commission" means the Texas Commission of Licensing and Regulation.
(6)  "Department" means the Texas Department of Licensing and Regulation.
(7)  "Executive director" means the executive director of the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.072, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.146, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 835 (H.B. 2512), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter A. General Provisions › Section 451.002. Interpretation; Practice of Medicine

Sec. 451.002.  INTERPRETATION; PRACTICE OF MEDICINE.  This chapter does not authorize the practice of medicine by a person not licensed by the Texas Medical Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.073, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter A. General Provisions › Section 451.003. Applicability

Sec. 451.003.  APPLICABILITY.  This chapter does not apply to:
(1)  a physician licensed by the Texas Medical Board or engaged in the practice of medicine as authorized by Section 151.0521;
(2)  a dentist, licensed under the laws of this state, engaged in the practice of dentistry;
(3)  a licensed optometrist or therapeutic optometrist engaged in the practice of optometry or therapeutic optometry as defined by statute;
(4)  an occupational therapist engaged in the practice of occupational therapy;
(5)  a nurse engaged in the practice of nursing;
(6)  a licensed podiatrist engaged in the practice of podiatry as defined by statute;
(7)  a physical therapist engaged in the practice of physical therapy;
(8)  a registered massage therapist engaged in the practice of massage therapy;
(9)  a commissioned or contract physician, physical therapist, or physical therapist assistant in the United States Army, Navy, Air Force, or Public Health Service; or
(10)  an athletic trainer who does not live in this state, who is licensed, registered, or certified by an authority recognized by the department, and who provides athletic training in this state for a period determined by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(b), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.074, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.147, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 376 (H.B. 2299), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter B. Advisory Board of Athletic Trainers › Section 451.051. Board; Membership

Sec. 451.051.  BOARD;  MEMBERSHIP.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(120), eff. September 1, 2015.
(b)  The board consists of five members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  three members who are athletic trainers; and
(2)  two members who represent the public.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 5.002(1), eff. September 1, 2017.
(d)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1170, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.148, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(120), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 5.002(1), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter B. Advisory Board of Athletic Trainers › Section 451.0521. Duties of Board

Sec. 451.0521.  DUTIES OF BOARD.  The board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.149, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter B. Advisory Board of Athletic Trainers › Section 451.053. Terms; Vacancy

Sec. 451.053.  TERMS;  VACANCY.  (a)  Board members serve staggered six-year terms with the terms of one or two members expiring on January 31 of each odd-numbered year.
(b)  If a vacancy occurs on the board, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the unexpired portion of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 4.02, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.150, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter B. Advisory Board of Athletic Trainers › Section 451.055. Presiding Officer

Sec. 451.055.  PRESIDING OFFICER.   The presiding officer of the commission shall designate a member of the board to serve as the presiding officer of the board for a one-year term.  The presiding officer of the board may vote on any matter before the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 285, Sec. 31(36), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.151, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter B. Advisory Board of Athletic Trainers › Section 451.056. Meetings

Sec. 451.056.  MEETINGS.  The board shall meet at the call of the presiding officer of the commission or the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.152, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter C. Powers and Duties › Section 451.101. General Powers and Duties

Sec. 451.101.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(a-1)  The department shall:
(1)  prescribe the application form for a license applicant;
(2)  prescribe a suitable form for a license certificate;
(3)  prepare and conduct an examination for license applicants; and
(4)  maintain a complete record of all licensed athletic trainers.
(a-2)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 5.002(2), eff. September 1, 2017.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(127), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(127), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.204(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.154, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(127), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 5.002(2), eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 724 (H.B. 2495), Sec. 2, eff. June 12, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter D. License Requirements › Section 451.151. License Required

Sec. 451.151.  LICENSE REQUIRED.  A person may not hold the person out as an athletic trainer or perform any activity of an athletic trainer unless the person holds a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter D. License Requirements › Section 451.152. License Application

Sec. 451.152.  LICENSE APPLICATION.  An applicant for an athletic trainer license must submit to the department:
(1)  an application in the manner and on a form prescribed by the executive director; and
(2)  the required examination fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.157, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter D. License Requirements › Section 451.153. Applicant Qualifications

Sec. 451.153.  APPLICANT QUALIFICATIONS.  (a)  An applicant for an athletic trainer license must:
(1)  have met the athletic training curriculum requirements of a college or university approved by the commission and give proof of graduation; or
(2)  hold a degree or certificate in physical therapy and have completed:
(A)  a basic athletic training course from an accredited college or university; and
(B)  an apprenticeship described by Subsection (b).
(b)  The apprenticeship required to be completed by an applicant consists of 720 hours completed in two years under the direct supervision of a licensed athletic trainer acceptable to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.158, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 724 (H.B. 2495), Sec. 3, eff. June 12, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter D. License Requirements › Section 451.156. Requirements for License Issuance

Sec. 451.156.  REQUIREMENTS FOR LICENSE ISSUANCE.  An applicant for an athletic trainer license is entitled to receive the license if the applicant:
(1)  satisfies the requirements of Section 451.153;
(2)  passes the examination required by the department; and
(3)  pays the required license fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.159, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 5.001, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 724 (H.B. 2495), Sec. 4, eff. June 12, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter D. License Requirements › Section 451.157. Temporary License

Sec. 451.157.  TEMPORARY LICENSE.  (a)  The department may issue a temporary license to an applicant if the applicant satisfies:
(1)  the requirements of Section 451.153; and
(2)  any other requirement established by the commission.
(b)  The commission by rule shall prescribe the time during which a temporary license is valid.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.160, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 724 (H.B. 2495), Sec. 5, eff. June 12, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 451 - Athletic Trainers › Subchapter E. License Renewal › Section 451.201. License Expiration; Renewal

Sec. 451.201.  LICENSE EXPIRATION; RENEWAL.  (a)  A license issued under Section 451.156 expires on the second anniversary of the date of issuance and may be renewed biennially.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(140), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.076, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.161, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.162, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(140), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter A. General Provisions › Section 452.001. Definitions

Sec. 452.001.  DEFINITIONS.  In this chapter:
(1)  "Executive council" means the Executive Council of Physical Therapy and Occupational Therapy Examiners.
(2)  "Occupational therapy board" means the Texas Board of Occupational Therapy Examiners.
(3)  "Physical therapy board" means the Texas Board of Physical Therapy Examiners.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter A. General Provisions › Section 452.002. Application of Sunset Act

Sec. 452.002.  APPLICATION OF SUNSET ACT.  The Executive Council of Physical Therapy and Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the executive council is abolished and the following laws expire September 1, 2033:
(1)  this chapter;
(2)  Chapter 453; and
(3)  Chapter 454.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.06, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 4.05, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.07, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.01, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.07, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.051. Appointment of Executive Council

Sec. 452.051.  APPOINTMENT OF EXECUTIVE COUNCIL.  (a)  The Executive Council of Physical Therapy and Occupational Therapy Examiners consists of:
(1)  an occupational therapist member of the occupational therapy board appointed by that board;
(2)  a public member of the occupational therapy board appointed by that board;
(3)  a physical therapist member of the physical therapy board appointed by that board;
(4)  a public member of the physical therapy board appointed by that board;  and
(5)  a public member appointed by the governor.
(b)  The occupational therapy board and the physical therapy board may designate an alternate to attend an executive council meeting if a member appointed by that board cannot attend.  The alternate has the same powers and duties and is subject to the same qualifications as the appointed member.
(c)  Appointments to the executive council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.052. Eligibility of Public Member Appointed by Governor

Sec. 452.052.  ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR.  A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the executive council, the occupational therapy board, or the physical therapy board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the executive council, the occupational therapy board, or the physical therapy board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the executive council, the occupational therapy board, or the physical therapy board, other than compensation or reimbursement authorized by law for executive council, occupational therapy board, or physical therapy board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.053. Membership and Employee Restrictions

Sec. 452.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the executive council and may not be an employee of the executive council employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(c)  A person may not serve as a member of the executive council or act as the general counsel to the executive council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the executive council, the occupational therapy board, or the physical therapy board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.02, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.054. Terms; Vacancy

Sec. 452.054.  TERMS;  VACANCY.  (a)  Members of the executive council are appointed for two-year terms that expire on February 1 of each odd-numbered year.
(b)  A member appointed to fill a vacancy holds office for the unexpired portion of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.055. Presiding Officer

Sec. 452.055.  PRESIDING OFFICER.  The member appointed by the governor is the presiding officer of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.056. Grounds for Removal

Sec. 452.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the executive council that a member:
(1)  does not have at the time of taking office the qualifications required by Section 452.051;
(2)  does not maintain during service on the executive council the qualifications required by Section 452.051;
(3)  is ineligible for membership under Section 452.052 or 452.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled executive council meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the executive council.
(b)  The validity of an action of the executive council is not affected by the fact that it is taken when a ground for removal of an executive council member exists.
(c)  If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the executive council of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the executive council, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.03, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.057. Compensation; Reimbursement

Sec. 452.057.  COMPENSATION;  REIMBURSEMENT.  (a)  The presiding officer of the executive council is entitled to a per diem as provided by the General Appropriations Act for each day that the presiding officer engages in the business of the executive council.
(b)  A member of the executive council, other than the presiding officer, may not receive compensation for service on the executive council.  A member may receive reimbursement for transportation expenses as provided by the General Appropriations Act.  A member may not receive reimbursement for any other travel expenses, including expenses for meals and lodging.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter B. Executive Council of Physical Therapy and Occupational Therapy Examiners › Section 452.058. Meetings; Quorum

Sec. 452.058.  MEETINGS;  QUORUM.  (a)  The executive council shall hold at least two regular meetings each year.
(b)  The executive council may hold additional meetings on the request of the presiding officer or on the written request of three members of the executive council.
(c)  A quorum of the executive council exists if both therapist members and one public member are present.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter C. Director and Other Executive Council Personnel › Section 452.101. Director; Personnel

Sec. 452.101.  DIRECTOR;  PERSONNEL.  (a)  The executive council shall employ a director and administrative and clerical employees as necessary to carry out the functions of the executive council, the occupational therapy board, and the physical therapy board.
(b)  The director shall employ a coordinator of occupational therapy programs and a coordinator of physical therapy programs to carry out the functions of the respective boards.  The coordinators may request the executive council to assign additional employees to carry out the duties of the coordinators.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter C. Director and Other Executive Council Personnel › Section 452.102. Division of Responsibilities

Sec. 452.102.  DIVISION OF RESPONSIBILITIES.  The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the director and the staff of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.05, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter C. Director and Other Executive Council Personnel › Section 452.103. Career Ladder Program; Performance Evaluations

Sec. 452.103.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The director or the director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The director or the director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for executive council employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter C. Director and Other Executive Council Personnel › Section 452.104. Equal Employment Opportunity Policy; Report

Sec. 452.104.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the executive council workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the executive council workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Texas Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as part of other biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.151. General Powers and Duties

Sec. 452.151.  GENERAL POWERS AND DUTIES.  (a)  Except as otherwise provided by this chapter, the executive council shall administer and enforce Chapters 453 and 454.
(b)  The executive council shall:
(1)  develop and prepare a budget for the executive council, the occupational therapy board, and the physical therapy board;  and
(2)  manage all physical property used by the executive council, the occupational therapy board, or the physical therapy board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.152. Administrative Functions

Sec. 452.152.  ADMINISTRATIVE FUNCTIONS.  (a)  In administering Chapters 453 and 454, the executive council shall:
(1)  perform data processing functions;  and
(2)  administer records relating to payroll, personnel files, and employee leave, benefits, and applications.
(b)  The executive council shall perform the administrative functions relating to issuing and renewing licenses, including the ministerial functions of preparing and delivering licenses, obtaining material and information in connection with the renewal of a license, and receiving and forwarding complaints to the appropriate board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.06, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.153. Limitation on Executive Council Authority

Sec. 452.153.  LIMITATION ON EXECUTIVE COUNCIL AUTHORITY.  (a)  The executive council may not exercise discretionary authority in the review of an applicant's qualifications for a license.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.08, eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.08, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.154. Fees

Sec. 452.154.  FEES.  The executive council shall set all fees for a license issued or service performed by a board represented on the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.155. Rules

Sec. 452.155.  RULES.  Subject to Section 452.156, the appropriate professional board shall adopt rules concerning the qualifications, licensing, regulation, or practice of a profession.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.156. Review of Rules

Sec. 452.156.  REVIEW OF RULES.  (a)  Before submitting a rule for publication in the Texas Register, a board represented on the executive council shall forward the proposed rule to the executive council for review.
(b)  The executive council may review the rule and shall approve the rule for submission for publication unless the rule exceeds the rulemaking authority of the board.
(c)  If the executive council fails to approve a rule, it shall return the rule to the board with an explanation of the reasons for the denial.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.157. Review of Boards

Sec. 452.157.  REVIEW OF BOARDS.  (a)  The executive council shall routinely examine and evaluate the operations of the boards represented on the executive council.
(b)  The executive council may structure the examination in a manner that the executive council considers appropriate to produce an efficient and thorough review.
(c)  Each board represented on the executive council shall cooperate with the examination conducted by the executive council under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.158. Disbursement of Funds

Sec. 452.158.  DISBURSEMENT OF FUNDS.  The executive council may authorize from its appropriated funds all necessary disbursements to carry out:
(1)  this chapter;
(2)  Chapter 453;  and
(3)  Chapter 454.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter D. Powers and Duties › Section 452.160. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 452.160.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The executive council shall develop a policy to encourage the use of:
(1)  negotiated rulemaking under Chapter 2008, Government Code, for the adoption of rules by the executive council or the occupational therapy or physical therapy boards; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the executive council's jurisdiction.
(b)  The executive council's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The executive council shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.07, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter E. Public Interest Information and Complaint Procedures › Section 452.201. Public Interest Information

Sec. 452.201.  PUBLIC INTEREST INFORMATION.  (a)  The executive council shall prepare information of public interest describing the functions of the executive council and the procedures by which complaints are filed with and resolved by the executive council, the occupational therapy board, or the physical therapy board.
(b)  The executive council shall make the information available to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter E. Public Interest Information and Complaint Procedures › Section 452.202. Complaints

Sec. 452.202.  COMPLAINTS.  (a)  The executive council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the executive council for the purpose of directing complaints to the executive council.  The executive council may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated by the executive council, the occupational therapy board, or the physical therapy board;
(2)  on a sign prominently displayed in the place of business of each person regulated by the executive council, the occupational therapy board, or the physical therapy board;  or
(3)  in a bill for service provided by a person regulated by the executive council, the occupational therapy board, or the physical therapy board.
(b)  The executive council shall list with its regular telephone number any toll-free telephone number established under other state law for presenting a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 452 - Executive Council of Physical Therapy and Occupational Therapy Examiners › Subchapter E. Public Interest Information and Complaint Procedures › Section 452.203. Public Participation

Sec. 452.203.  PUBLIC PARTICIPATION.  (a)  The executive council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council and to speak on any issue under the jurisdiction of the executive council.
(b)  The executive council shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the executive council's programs and services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.