reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.104. Fees

Sec. 454.104.  FEES.  (a)  The board may recommend to the executive council reasonable and necessary fees for licenses issued or services performed under this chapter that in the aggregate provide sufficient revenue to cover the cost of administering this chapter.
(b)  The board may not recommend to the executive council a fee that existed on September 1, 1993, for an amount less than the amount of the fee on that date.
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 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.105. Employees; Division of Responsibilities

Sec. 454.105.  EMPLOYEES;  DIVISION OF RESPONSIBILITIES.  (a)  The board may request the executive council to assign administrative and clerical employees as necessary to carry out the board's functions.
(b)  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the director and 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. 4.07, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.106. List of License Holders

Sec. 454.106.  LIST OF LICENSE HOLDERS.  (a)  The coordinator of occupational therapy programs shall maintain a list of the names of each person licensed under this chapter.
(b)  The list shall be open to public inspection at all times.
(c)  On March 1 of each year, the coordinator of occupational therapy programs shall transmit an official copy of the list to the executive council.
(d)  A certified copy of the list is admissible as evidence in a court of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.213(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.1061. Place of Employment

Sec. 454.1061.  PLACE OF EMPLOYMENT.  The board may require that a license holder provide current information in a readily accessible and usable format regarding the license holder's current place of employment as an occupational therapist or occupational therapy assistant.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.08, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.107. Board Duties Regarding Complaints

Sec. 454.107.  BOARD DUTIES REGARDING COMPLAINTS.  (a)  The board by rule shall:
(1)  adopt a form to standardize information concerning complaints made to the board;  and
(2)  prescribe information to be provided to a person when the person files a complaint with the board.
(b)  The board shall provide reasonable assistance to a person who wishes to file a complaint.
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 454 - Occupational Therapists › Subchapter C. Powers and Duties › Section 454.108. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 454.108.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop a policy to encourage the use of:
(1)  negotiated rulemaking under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board'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 board 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. 4.08, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 454.151. Public Interest Information

Sec. 454.151.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.
(b)  The board 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 454 - Occupational Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 454.152. Record of Complaints

Sec. 454.152.  RECORD OF COMPLAINTS.  (a)  The board shall keep an information file about each complaint filed with the executive council and referred to the board.  The board's information file shall be kept current and contain a record for each complaint of:
(1)  each person contacted in relation to the complaint;
(2)  a summary of findings made at each step of the complaint process;
(3)  an explanation of the legal basis and reason for a complaint that is dismissed;
(4)  the schedule required under Section 454.153 and a notation about a change in the schedule;  and
(5)  other relevant information.
(b)  If a written complaint is received by the board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless notice would jeopardize an undercover investigation.
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 454 - Occupational Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 454.153. General Rules Involving Complaint Investigation and Disposition

Sec. 454.153.  GENERAL RULES INVOLVING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The board shall adopt rules relating to the investigation of a complaint received by the board.  The rules shall:
(1)  distinguish between categories of complaints;
(2)  ensure that complaints are not dismissed without appropriate consideration;
(3)  require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;
(5)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator;  and
(6)  require the board to advise the executive council of complaints that have been disposed of.
(b)  The board shall:
(1)  dispose of each complaint in a timely manner;  and
(2)  establish a schedule for conducting each phase of an investigation of a complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint.
(c)  Each party shall be notified of the projected time requirements for the complaint.
(d)  Each party to the complaint must be notified of a change in the schedule not later than the seventh day after the date the change is made.
(e)  The staff of the executive council shall notify the board of a complaint that extends beyond the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
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. 4.09, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 454.154. Public Participation

Sec. 454.154.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs.
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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.201. License Required; Use of Title

Sec. 454.201.  LICENSE REQUIRED;  USE OF TITLE.  (a)  A person may not practice occupational therapy or practice as an occupational therapy assistant unless the person is an individual licensed under this chapter.
(b)  A person who is not licensed under this chapter as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked may not:
(1)  use in connection with the person's practice or place of business:
(A)  the words "occupational therapy," "occupational therapist," "licensed occupational therapist," "occupational therapist registered," "occupational therapy assistant," "licensed occupational therapy assistant," or "certified occupational therapy assistant";
(B)  the letters "O.T.," "O.T.R.," "L.O.T.," "O.T.R./L.," "O.T.A.," "L.O.T.A.," or "C.O.T.A.";  or
(C)  any other words, letters, abbreviations, or insignia indicating or implying that the person is an occupational therapist or an occupational therapy assistant;
(2)  in any way directly or by implication represent that the person is an occupational therapist or an occupational therapy assistant;  or
(3)  in any way directly or indirectly represent that occupational therapy is provided, or extend or provide occupational therapy services unless the services are provided by an occupational therapist or an occupational therapy assistant.
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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.202. Application

Sec. 454.202.  APPLICATION.  (a)  An applicant for an occupational therapist license or an occupational therapy assistant license must submit to the board a written application on a form provided by the board, showing to the satisfaction of the board that the applicant meets the requirements of Section 454.203.
(b)  The board shall approve applicants for licenses at least once each year at reasonable times and places designated by the 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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.203. Qualifications for Occupational Therapist or Occupational Therapy Assistant License

Sec. 454.203.  QUALIFICATIONS FOR OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT LICENSE.   An applicant for an occupational therapist license or an occupational therapy assistant license must present evidence satisfactory to the board that the applicant has:
(1)  successfully completed the academic and supervised field work experience requirements of an educational program in occupational therapy recognized by the board, as provided by Section 454.204; and
(2)  passed an examination as provided by Section 454.207.
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. 4.11, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.204. Educational Requirements

Sec. 454.204.  EDUCATIONAL REQUIREMENTS.  To satisfy Section 454.203(1):
(1)  an applicant applying for an occupational therapist license must have, from an educational program approved by the Accreditation Council for Occupational Therapy Education, its predecessor organization, or another national credentialing agency approved by the board:
(A)  an entry-level degree in occupational therapy, or a degree that exceeds the requirements for an entry-level degree in occupational therapy, from an educational program that prepares a person for entry into the field as an occupational therapist; or
(B)  a certificate evidencing successful completion of required undergraduate occupational therapy course work awarded to persons with a baccalaureate degree that is not in occupational therapy, if the applicant graduated before January 1, 2007; and
(2)  an applicant applying for an occupational therapy assistant license must have, from an educational program approved by the Accreditation Council for Occupational Therapy Education, its predecessor organization, or another national credentialing agency approved by the board:
(A)  an entry-level degree in occupational therapy, or a degree that exceeds the requirements for an entry-level degree in occupational therapy, from an educational program that prepares a person for entry into the field as an occupational therapy assistant; or
(B)  an entry-level certificate in occupational therapy, or a certificate that exceeds the requirements for an entry-level certificate in occupational therapy, from an educational program that prepares a person for entry into the field as an occupational therapy assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 401 (H.B. 1785), Sec. 1, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.12, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.205. Foreign-Trained Applicants

Sec. 454.205.  FOREIGN-TRAINED APPLICANTS.  (a)  To obtain a license under this chapter, an applicant who is foreign-trained must satisfy the examination requirements and complete academic and supervised field work requirements substantially equivalent to those under Section 454.203.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.22(1), 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. 4.13, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.22(1), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.207. License Examination

Sec. 454.207.  LICENSE EXAMINATION.  (a)  The board by rule shall recognize a national testing entity to administer the examinations required to obtain an occupational therapist or occupational therapy assistant license.
(b)  The examination must test the applicant's knowledge of the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods, and other subjects the board may require to determine the applicant's fitness to practice.
(c)  If the board enters into a contract with a national testing entity under Subsection (a), the contract must include a provision requiring that the national testing entity be responsible for overseeing the examination process, including responsibility for:
(1)  specifying application requirements for the examination;
(2)  specifying reexamination requirements for the examination;
(3)  verifying that an applicant meets the educational and supervised field work experience requirements established by the board; and
(4)  notifying an applicant and the board of the applicant's examination results.
(d)  The rules adopted under this section may require that an applicant authorize the national testing entity to directly provide to the board the applicant's examination results.
(e)  The board may require an applicant for an occupational therapist or occupational therapy assistant license to pass a jurisprudence examination.
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. 4.14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.210. Provisional License

Sec. 454.210.  PROVISIONAL LICENSE.  (a)  On application, the board shall issue a provisional license for the practice of occupational therapy to an applicant who:
(1)  is licensed in good standing as an occupational therapist or occupational therapy assistant in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter;  and
(2)  has passed a national examination or other examination recognized by the board relating to the practice of occupational therapy.
(b)  A provisional license is valid until the date the board approves or denies the provisional license holder's application for an occupational therapist or occupational therapy assistant license.
(c)  The board shall issue an occupational therapist or occupational therapy assistant license to the provisional license holder if:
(1)  the provisional license holder passes a jurisprudence examination, if required;
(2)  the board verifies that the provisional license holder has the academic and experience requirements for an occupational therapist or occupational therapy assistant license;  and
(3)  the provisional license holder satisfies any other requirements for an occupational therapist or occupational therapy assistant license.
(d)  The board must complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.  The board may extend that deadline if the results of an examination have not been received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.214(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.211. Temporary License

Sec. 454.211.  TEMPORARY LICENSE.  (a)  The board by rule may provide for the issuance of a temporary license.
(b)  The holder of a temporary license must practice under the supervision of an occupational therapist.
(c)  A rule adopted under this section must include a time limit for a person to hold a temporary license.
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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.212. Inactive Status

Sec. 454.212.  INACTIVE STATUS.  (a)  The board by rule may provide for a license holder to place the holder's license under this chapter on inactive status.
(b)  A rule adopted under this section must include a time limit for a license holder's license to remain on inactive status.
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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.213. Accepted Practice; Practitioner's Referral

Sec. 454.213.  ACCEPTED PRACTICE;  PRACTITIONER'S REFERRAL.  (a)  An occupational therapist may enter a case to:
(1)  provide consultation and monitored services;  or
(2)  evaluate a person for the need for services.
(b)  Implementation of direct occupational therapy to a person for a specific health care condition must be based on a referral from:
(1)  a physician licensed by a state board of medical examiners;
(2)  a dentist licensed by a state board of dental examiners;
(3)  a chiropractor licensed by a state board of chiropractic examiners;
(4)  a podiatrist licensed by a state board of podiatric medical examiners;  or
(5)  another qualified, licensed health care professional who is authorized to refer for health care services within the scope of the professional's license.
(c)  The professional who takes action under this section is a referring practitioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.215(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.214. Display of License and Renewal Certificate

Sec. 454.214.  DISPLAY OF LICENSE AND RENEWAL CERTIFICATE.  A license holder under this chapter shall display the license holder's license and renewal certificate in a conspicuous place in the principal office in which the license holder practices occupational therapy.
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 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.216. License by Endorsement

Sec. 454.216.  LICENSE BY ENDORSEMENT.  (a)  The board shall issue an occupational therapist license or an occupational therapy assistant license, as applicable, to an applicant who holds a current, unrestricted license in another jurisdiction that maintains licensing requirements that are substantially equivalent to the requirements under this chapter.  An applicant for a license under this section must:
(1)  present proof to the board that the applicant is licensed in good standing as an occupational therapist or occupational therapy assistant in that jurisdiction;
(2)  provide to the board information regarding the status of any other professional license that the applicant holds or has held in this state or another jurisdiction;
(3)  present proof to the board that the applicant has passed a jurisprudence examination required by the board;
(4)  meet the qualifications required by Section 454.203 or 454.205, as applicable;
(5)  not have committed an act that is grounds for denial of a license under Section 454.301;
(6)  submit to the board a current photograph that meets the requirements for a United States passport; and
(7)  meet any additional requirements provided by board rule.
(b)  The board shall adopt rules for issuing a provisional license under Section 454.210 to an applicant for a license by endorsement who encounters a delay that is outside the applicant's control in submitting to the board the documentation required by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter E. License Requirements › Section 454.217. Criminal History Record Information for License Issuance

Sec. 454.217.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.  (a)  The board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The board shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter F. License Renewal › Section 454.251. License Expiration

Sec. 454.251.  LICENSE EXPIRATION.  (a)  The board by rule may adopt a system under which licenses expire on various dates during the year.
(b)  For the term in which the license expiration date is changed, license fees shall be prorated on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
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 454 - Occupational Therapists › Subchapter F. License Renewal › Section 454.252. Renewal of License

Sec. 454.252.  RENEWAL OF LICENSE.  (a)  A person may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the executive council the renewal fee and a late fee set by the executive council that may not exceed one-half of the renewal fee for the license.  If a person's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the executive council all unpaid renewal fees and a late fee set by the executive council that may not exceed the amount of the renewal fee.
(c)  A person whose license has been expired for one year or longer must comply with the board's requirements and procedures to reinstate the license, and pay a reinstatement fee set by the executive council.  If the board requirements cannot be met, the  person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
(d)  At least 30 days before the expiration of a person's license, the executive council shall send written notice of the impending license expiration to the license holder at the person's last known address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 401 (H.B. 1785), Sec. 2, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter F. License Renewal › Section 454.253. Renewal of Expired License by Out-of-State Practitioner

Sec. 454.253.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  The board may renew without reexamination the expired license of a person who was licensed to practice as an occupational therapist or occupational therapy assistant in this state, moved to another state, is currently licensed and in good standing in the other state, and meets the board's requirements.
(b)  The person must pay to the executive council a renewal fee set by the executive council under this section in an amount that may not exceed the renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 401 (H.B. 1785), Sec. 3, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.17, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter F. License Renewal › Section 454.254. Mandatory Continuing Education

Sec. 454.254.  MANDATORY CONTINUING EDUCATION.  (a)  The board by rule shall:
(1)  assess the continuing education needs of license holders;
(2)  establish a minimum number of hours of continuing education required to renew a license;  and
(3)  develop a process to evaluate and approve continuing education courses.
(b)  The board may require license holders to attend continuing education courses specified by the board.  The board shall adopt a procedure to assess a license holder's participation in continuing education programs.
(c)  The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.
(d)  In adopting rules under Subsection (a)(3), the board may authorize license holder peer organizations in this state to evaluate and approve continuing education courses in accordance with the board's evaluation and approval process.
(e)  The board by rule shall establish a process for selecting a license holder peer organization in this state to evaluate and approve continuing education courses under Subsection (d).  The selection process must include a request for proposal and bidding process.  If the board authorizes a peer organization to evaluate and approve continuing education courses under Subsection (d), the board shall request bids and proposals from that organization and other organizations at least once every four years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 166, Sec. 1, eff. May 18, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 401 (H.B. 1785), Sec. 4, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter F. License Renewal › Section 454.255. Criminal History Record Information Requirement for License Renewal

Sec. 454.255.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.  (a)  An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 454.217.
(b)  The board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 454.217 for the initial issuance of the license; or
(2)  this section as part of a prior license renewal.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.19, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.301. Grounds for Denial of License or Discipline of License Holder

Sec. 454.301.  GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER.  (a)  The board may deny, suspend, or revoke a license or take other disciplinary action against a license holder if the applicant or license holder has:
(1)  used drugs or intoxicating liquors to an extent that affects the applicant's or license holder's professional competence;
(2)  been convicted of a crime, other than a minor offense defined as a "minor misdemeanor," "violation," or "offense," in any court if the act for which the applicant or license holder was convicted is determined by the board to have a direct bearing on whether the applicant or license holder should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;
(3)  obtained or attempted to obtain a license by fraud or deception;
(4)  been grossly negligent in the practice of occupational therapy or in acting as an occupational therapy assistant;
(5)  been found mentally incompetent by a court;
(6)  practiced occupational therapy in a manner detrimental to the public health and welfare;
(7)  advertised in a manner that in any way tends to deceive or defraud the public;
(8)  had a license to practice occupational therapy revoked or suspended or had other disciplinary action taken against the applicant or license holder by the proper licensing authority of another state, territory, or nation;  or
(9)  had the applicant's or license holder's application for a license refused, revoked, or suspended by the proper licensing authority of another state, territory, or nation.
(b)  If a license suspension is probated, the board may require the license holder to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
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 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.302. Procedures for Disciplinary Action; Schedule of Sanctions

Sec. 454.302.  PROCEDURES FOR DISCIPLINARY ACTION;  SCHEDULE OF SANCTIONS.  (a)  Proceedings for disciplinary action against a license holder and appeals from those proceedings are governed by Chapter 2001, Government Code.
(b)  After a hearing by the State Office of Administrative Hearings, the board may deny or refuse to renew a license, suspend or revoke a license, reprimand a license holder, or impose probationary conditions.
(c)  The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the board by rule for a sanction imposed as the result of a hearing conducted by the office.
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 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.3025. Schedule of Sanctions

Sec. 454.3025.  SCHEDULE OF SANCTIONS.  (a)  The board by rule shall adopt a schedule of administrative penalties and other sanctions that the board may impose under this chapter.  In adopting the schedule of sanctions, the board shall ensure that the amount of the penalty or severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.  In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of the violation; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation;
(5)  the economic harm to the public interest or public confidence caused by the violation;
(6)  whether the violation was intentional; and
(7)  any other matter that justice requires.
(b)  The board shall make the schedule of sanctions adopted under Subsection (a) available to the public on request.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.20, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.303. Issuance of License After Denial; Reissuance of License

Sec. 454.303.  ISSUANCE OF LICENSE AFTER DENIAL;  REISSUANCE OF LICENSE.  On application by the person, the board may issue a license to a person whose license has been denied or reissue a license to a person who has been disciplined by the board.  The application:
(1)  may not be made before the 180th day after the date the denial or discipline order became final;  and
(2)  must be made in the manner and form the board requires.
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 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.304. Informal Proceedings

Sec. 454.304.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code;  and
(2)  informal proceedings held in compliance with Section 2001.054, Government Code.
(b)  A rule adopted under this section must:
(1)  provide the complainant and the license holder an opportunity to be heard;  and
(2)  require the presence of the board's legal counsel or a representative of the attorney general to advise the board or the board's employees.
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 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.305. Emergency Suspension

Sec. 454.305.  EMERGENCY SUSPENSION.  (a)  The board may temporarily suspend a license issued under this chapter on an emergency basis if the board determines that the continued practice by the license holder constitutes a continuing or imminent threat to the public health or welfare.
(b)  A temporary suspension under this section requires a two-thirds vote by the board.
(c)  A license temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether to institute a disciplinary proceeding against the license holder is scheduled to be held not later than the 14th day after the date of the temporary suspension.  A second hearing on the suspended license must be held not later than the 60th day after the date the temporary suspension was ordered.  If the second hearing is not held within the required time, the suspended license is automatically reinstated.
(d)  The board shall adopt rules that establish procedures and standards for the temporary suspension of a license under this section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.216(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter G. Disciplinary Action and Procedure › Section 454.306. Subpoena

Sec. 454.306.  SUBPOENA.  (a)  The board may request or compel by subpoena:
(1)  the attendance of a witness for examination under oath;  and
(2)  the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter.
(b)  If a person fails to comply with a subpoena issued under this section, the board, acting through the attorney general, may bring an action to enforce the subpoena in a district court in Travis County or in a county in which a hearing conducted by the board may be held.  If the court determines that good cause exists for the subpoena, the court shall order compliance.  The court may punish for contempt a person who does not obey the order.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.217(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.351. Injunctive Relief

Sec. 454.351.  INJUNCTIVE RELIEF.  The attorney general, a district attorney, a county attorney, or any other person may institute a proceeding to enforce this chapter, including a suit to enjoin a person from practicing occupational therapy without complying with 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 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.352. Monitoring of License Holder

Sec. 454.352.  MONITORING OF LICENSE HOLDER.  The board by rule shall develop a system for monitoring a license holder's compliance with this chapter.  The rules must include procedures for:
(1)  monitoring for compliance a license holder who is ordered by the board to perform a certain act;  and
(2)  identifying and monitoring each license holder who represents a risk to the public.
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 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.3521. Administrative Penalty

Sec. 454.3521.  ADMINISTRATIVE PENALTY.  (a)  The board may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
(b)  The penalty may not exceed $200, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.  The amount of the penalty shall be determined according to the sanctions schedule under Section 454.3025.
(c)  The person may stay enforcement during the time the order is under judicial review if the person pays the penalty to the court clerk or files a supersedeas bond with the court in the amount of the penalty.  A person who cannot afford to pay the penalty or file the bond may stay enforcement by filing an affidavit like that required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, except that the board may contest the affidavit as provided by those rules.
(d)  A proceeding to impose an administrative penalty is subject to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.218(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.21, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.21, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.353. Civil Penalty

Sec. 454.353.  CIVIL PENALTY.  (a)  A person found by a court to have violated this chapter is liable to this state for a civil penalty of $200 for each day the violation continues.
(b)  A civil penalty may be recovered in a suit brought by the attorney general, a district attorney, a county attorney, or any other person.
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 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.354. Recovery of Costs and Fees

Sec. 454.354.  RECOVERY OF COSTS AND FEES.  A person other than the attorney general, a district attorney, or a county attorney who brings an action to enforce this chapter or for injunctive relief may recover the person's court costs and attorney's fees.
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 454 - Occupational Therapists › Subchapter H. Penalties and Enforcement Procedures › Section 454.355. Criminal Offense

Sec. 454.355.  CRIMINAL OFFENSE.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day of violation constitutes a separate offense.
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 455 - Massage Therapy › Subchapter A. General Provisions › Section 455.002. Massage Therapy as Health Care Service

Sec. 455.002.  MASSAGE THERAPY AS HEALTH CARE SERVICE.  (a)  Massage therapy constitutes a health care service if the massage therapy is for therapeutic purposes.  Massage therapy does not constitute the practice of chiropractic.
(b)  In this chapter, therapy or therapeutic procedures do not include:
(1)  the diagnosis or treatment of illness or disease;  or
(2)  a service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
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 455 - Massage Therapy › Subchapter A. General Provisions › Section 455.003. Practices Included in Massage Therapy

Sec. 455.003.  PRACTICES INCLUDED IN MASSAGE THERAPY.  Massage therapy includes the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.