reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter F. License Renewal › Section 453.252. Renewal of License

Sec. 453.252.  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 in an amount that does not exceed one-half of the amount charged for renewal of 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 in an amount that does not exceed the amount charged for renewal of the license.
(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 in the amount set by the executive council.  If the person is unable to comply with the board's requirements to reinstate the license, 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 provide the person with notice of the impending license expiration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 867 (H.B. 588), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter F. License Renewal › Section 453.253. Renewal of Expired License by Out-of-State Practitioner

Sec. 453.253.  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 a physical therapist or physical therapist 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 for renewal.
(b)  The person must pay to the executive council a renewal fee set by the executive council under this section in an amount that does not exceed the renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 867 (H.B. 588), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.19, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter F. License Renewal › Section 453.254. Continuing Competence

Sec. 453.254.  CONTINUING COMPETENCE.  (a)  The board by rule shall:
(1)  adopt requirements for continuing competence for license holders in subjects pertaining to the practice of physical therapy;
(2)  establish a minimum number of continuing competence units required to renew a license;  and
(3)  develop a process to approve continuing competence activities.
(b)  The board may require license holders to complete continuing competence activities specified by the board.  The board shall adopt a procedure to assess a license holder's participation and performance in continuing competence activities.
(c)  The board may identify the key factors for the competent performance by a license holder of the license holder's professional duties.
(d)  In developing a process under Subsection (a) for the approval of continuing competence activities, the board may authorize appropriate organizations to approve the activities.
(e)  The board by rule shall establish a process for selecting an appropriate organization to approve continuing competence activities under Subsection (d).  The selection process must include a request for proposal and bidding process.  If the board authorizes an organization to approve continuing competence activities 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. 1420, Sec. 14.210(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1021 (H.B. 4281), Sec. 1, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.20, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter F. License Renewal › Section 453.255. Criminal History Record Information Requirement for License Renewal

Sec. 453.255.  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 453.215.
(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 453.215 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. 2.21, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter G. Practice by License Holder › Section 453.301. Practice by Physical Therapist

Sec. 453.301.  PRACTICE BY PHYSICAL THERAPIST.  (a)  A physical therapist may treat a patient for an injury or condition in a manner described by Section 453.005 without a referral if the physical therapist:
(1)  has been licensed to practice physical therapy for at least one year;
(2)  is covered by professional liability insurance in the minimum amount required by board rule; and
(3)  either:
(A)  possesses a doctoral degree in physical therapy from:
(i)  a program that is accredited by the Commission on Accreditation in Physical Therapy Education; or
(ii)  an institution that is accredited by an agency or association recognized by the United States secretary of education; or
(B)  has completed at least 30 hours of continuing competence activities in the area of differential diagnosis.
(a-1)  Except as provided by Subsection (a-2), a physical therapist may treat a patient under Subsection (a) for not more than 10 consecutive business days.
(a-2)  A physical therapist may treat a patient under Subsection (a) for not more than 15 consecutive business days if the physical therapist:
(1)  possesses a doctoral degree described by Subsection (a)(3)(A); and
(2)  either:
(A)  has completed a residency or fellowship; or
(B)  is certified by an entity approved by the board.
(b)  The physical therapist must obtain a referral from a referring practitioner before the physical therapist may continue treatment that exceeds treatment authorized under Subsection (a-1) or (a-2), as applicable.
(c)  A physical therapist who treats a patient without a referral shall obtain from the patient a signed disclosure on a form prescribed by the board in which the patient acknowledges that:
(1)  physical therapy is not a substitute for a medical diagnosis by a physician;
(2)  physical therapy is not based on radiological imaging;
(3)  a physical therapist cannot diagnose an illness or disease; and
(4)  the patient's health insurance may not include coverage for the physical therapist's services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1021 (H.B. 29), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 140 (H.B. 1363), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter G. Practice by License Holder › Section 453.302. Treating Patient Without Referral

Sec. 453.302.  TREATING PATIENT WITHOUT REFERRAL.  (a)  In this section:
(1)  "Emergency circumstance" means an instance in which emergency medical care is necessary.
(2)  "Emergency medical care" means a bona fide emergency service provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(A)  serious jeopardy to the patient's health;
(B)  serious dysfunction of any bodily organ or part;  or
(C)  serious impairment to bodily functions.
(b)  In an emergency circumstance, including a minor emergency, a physical therapist may provide emergency medical care to a person to the best of the therapist's ability without a referral from a referring practitioner.
(c)  A physical therapist may provide physical assessments or instructions to an asymptomatic person without a referral from a referring practitioner.
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 453 - Physical Therapists › Subchapter G. Practice by License Holder › Section 453.303. Prohibited Use of Certain Procedures

Sec. 453.303.  PROHIBITED USE OF CERTAIN PROCEDURES.  In practicing physical therapy, a person may not use:
(1)  roentgen rays or radium for a diagnostic or therapeutic purpose;  or
(2)  electricity for a surgical purpose, including cauterization.
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 453 - Physical Therapists › Subchapter G. Practice by License Holder › Section 453.304. Prohibited Practice

Sec. 453.304.  PROHIBITED PRACTICE.  It is a violation of this chapter for an individual licensed by the board to violate Section 102.001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.826, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.351. Grounds for Denial of License or Discipline of License Holder

Sec. 453.351.  GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER.  (a)  The board may deny a license or suspend or revoke a license, place a license holder on probation, reprimand a license holder, impose an administrative penalty, or otherwise discipline a license holder if the applicant or license holder has:
(1)  except as provided by Section 453.302, provided care to a person outside the scope of the physical therapist's practice;
(2)  used drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence;
(3)  been convicted of a felony, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in this state or in any other state or nation;
(4)  obtained or attempted to obtain a license by fraud or deception;
(5)  been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant;
(6)  been found to be mentally incompetent by a court;
(7)  practiced physical therapy in a manner detrimental to the public health and welfare;
(8)  had a license to practice physical therapy revoked or suspended or had other disciplinary action taken against the license holder or applicant;
(9)  had the license holder's or applicant's application for a license refused, revoked, or suspended by the proper licensing authority of another state or nation; or
(10)  in the case of a physical therapist assistant, treated a person other than under the direction of a physical therapist.
(b)  The board shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter or a rule adopted by the board.
(c)  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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1021 (H.B. 29), 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 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.352. Procedure for License Denial or Disciplinary Action; Schedule of Sanctions

Sec. 453.352.  PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY ACTION;  SCHEDULE OF SANCTIONS.  (a)  A person whose application for a license is denied is entitled to a hearing before the State Office of Administrative Hearings if the applicant submits a written request for a hearing to the board.
(b)  A proceeding to take action under Section 453.351 or an appeal from the proceeding is a contested case for the purposes of Chapter 2001, Government Code.
(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 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.3525. Schedule of Sanctions

Sec. 453.3525.  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 may require.
(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. 2.22, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.353. Subpoenas

Sec. 453.353.  SUBPOENAS.  (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 or copying of evidence relevant to an investigation of an alleged violation of this chapter.
(b)  If a person fails to comply with the subpoena, the board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held.
(c)  If the court determines that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.  The court may punish for contempt a person who fails to obey the court order.
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 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.354. Temporary License Suspension

Sec. 453.354.  TEMPORARY LICENSE SUSPENSION.  (a)  The board may temporarily suspend a license issued under this chapter on an emergency basis if the board, by at least a two-thirds vote, determines from the evidence or information presented to the board that the continued practice by the license holder constitutes a continuing or imminent threat to the public health or welfare.
(b)  The board may suspend a license under this section without notice or a hearing if, at the time the suspension is ordered, a hearing on whether to institute disciplinary proceedings against the license holder is scheduled to be held not later than the 14th day after the date of the temporary suspension.
(c)  The board shall hold a second hearing on the license suspension 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.
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 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.355. Reissuance of License; Issuance of License After Denial

Sec. 453.355.  REISSUANCE OF LICENSE;  ISSUANCE OF LICENSE AFTER DENIAL.  (a)  On application by the person, the board may reissue a license to a person whose license has been revoked.
(b)  An application to reinstate a revoked license:
(1)  may not be made before the 180th day after the date the revocation order became final;  and
(2)  must be made in the manner and form the board requires.
(c)  On application by the person, the board may issue a license to a person whose license application has been denied.  The application may not be made before the first anniversary of the date of 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 453 - Physical Therapists › Subchapter H. Disciplinary Action and Procedure › Section 453.356. Informal Proceedings

Sec. 453.356.  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 453 - Physical Therapists › Subchapter I. Administrative Penalty › Section 453.401. Imposition of Penalty

Sec. 453.401.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.
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. 2.23, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter I. Administrative Penalty › Section 453.402. Amount of Penalty

Sec. 453.402.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $200 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be determined according to the sanctions schedule adopted under Section 453.3525.
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. 2.24, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter I. Administrative Penalty › Section 453.403. Administrative Procedure

Sec. 453.403.  ADMINISTRATIVE PROCEDURE.  (a)  The board shall adopt rules that establish procedures for assessing an administrative penalty and that provide for notice and a hearing for a license holder that may be subject to a penalty under this subchapter.
(b)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
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. 2.25, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter J. Other Penalties and Enforcement Procedures › Section 453.451. Injunctive Relief

Sec. 453.451.  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 or restrain a person from practicing physical 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 453 - Physical Therapists › Subchapter J. Other Penalties and Enforcement Procedures › Section 453.452. Monitoring of License Holder

Sec. 453.452.  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 453 - Physical Therapists › Subchapter J. Other Penalties and Enforcement Procedures › Section 453.453. Civil Penalty

Sec. 453.453.  CIVIL PENALTY.  (a)  A person found by a court to have violated this chapter is liable to the 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 453 - Physical Therapists › Subchapter J. Other Penalties and Enforcement Procedures › Section 453.454. Recovery of Costs and Fees

Sec. 453.454.  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 453 - Physical Therapists › Subchapter J. Other Penalties and Enforcement Procedures › Section 453.455. Criminal Offense

Sec. 453.455.  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 453 - Physical Therapists › Subchapter K. Physical Therapy Licensure Compact › Section 453.502. Administration of Compact

Sec. 453.502.  ADMINISTRATION OF COMPACT.  The board is the Physical Therapy Licensure Compact administrator for this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 497 (H.B. 2765), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 3.01, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter K. Physical Therapy Licensure Compact › Section 453.503. Rules

Sec. 453.503.  RULES.  The board may adopt rules necessary to implement this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 497 (H.B. 2765), Sec. 1, eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 3.01, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter K. Physical Therapy Licensure Compact › Section 453.504. Physical Therapy Licensure Compact; Disclosure of Personal Information

Sec. 453.504.  PHYSICAL THERAPY LICENSURE COMPACT; DISCLOSURE OF PERSONAL INFORMATION.  (a)  In reporting information to the coordinated database and reporting system under Section 8 of the Physical Therapy Licensure Compact, the board may disclose personally identifiable information about a physical therapist or a physical therapist assistant, including the person's social security number.
(b)  The coordinated database and reporting system may not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 3.01, 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 A. General Provisions › Section 454.001. Short Title

Sec. 454.001.  SHORT TITLE.  This chapter may be cited as the Occupational Therapy Practice Act.
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 A. General Provisions › Section 454.002. Definitions

Sec. 454.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Board of Occupational Therapy Examiners.
(2)  "Coordinator of occupational therapy programs" is the person employed in that position under Section 452.101.
(3)  "Executive council" means the Executive Council of Physical Therapy and Occupational Therapy Examiners.
(4)  "Occupational therapist" means a person licensed to practice occupational therapy.
(5)  "Occupational therapy aide" means a person:
(A)  who aids in the practice of occupational therapy;  and
(B)  whose activities require on-the-job training and on-site supervision by an occupational therapist or an occupational therapy assistant.
(6)  "Occupational therapy assistant" means a person licensed by the board as an occupational therapy assistant who assists in the practice of occupational therapy under the general supervision of an occupational therapist.
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 A. General Provisions › Section 454.003. Application of Sunset Act

Sec. 454.003.  APPLICATION OF SUNSET ACT.  The Texas Board of Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.08, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 4.07, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.09, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.01, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.09, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 454 - Occupational Therapists › Subchapter A. General Provisions › Section 454.004. Conflict With Other Law

Sec. 454.004.  CONFLICT WITH OTHER LAW.  To the extent of any conflict between this chapter and Chapter 452, Chapter 452 controls.
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 A. General Provisions › Section 454.005. Applicability

Sec. 454.005.  APPLICABILITY.  (a)  This chapter does not apply to a holder of a license issued by another state agency who is performing health care services within the scope of the applicable licensing act.
(b)  The licensing provisions of this chapter do not apply to:
(1)  an occupational therapy aide assisting a license holder under this chapter;
(2)  a person engaged in a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if:
(A)  the activities and services constitute a part of a supervised course of study; and
(B)  the person is designated by a title that clearly indicates the person's status as a student or trainee;
(3)  a person fulfilling the supervised field work experience requirements of Section 454.203, if those activities and services constitute a part of the experience necessary to meet the requirement of that section;
(4)  an occupational therapist performing a special project in patient care while working toward an advanced degree from an accredited college or university;
(5)  an occupational therapist or occupational therapy assistant who does not live in this state and who:
(A)  is licensed by another state or who meets the requirements for certification established by the National Board for Certification in Occupational Therapy as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA); and
(B)  comes into this state for not more than four consecutive months to:
(i)  provide or attend an educational activity;
(ii)  assist in a case of medical emergency; or
(iii)  engage in a special occupational therapy project; or
(6)  a qualified and properly trained person acting under a physician's supervision under Section 157.001.
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. 4.02, 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 A. General Provisions › Section 454.006. Practice of Occupational Therapy

Sec. 454.006.  PRACTICE OF OCCUPATIONAL THERAPY.  (a)  In this section, "diagnosis" means the identification of a disease from its symptoms.
(b)  A person practices occupational therapy if the person:
(1)  evaluates or treats a person whose ability to perform the tasks of living is threatened or impaired by developmental deficits, the aging process, environmental deprivation, sensory impairment, physical injury or illness, or psychological or social dysfunction;
(2)  uses therapeutic goal-directed activities to:
(A)  evaluate, prevent, or correct physical or emotional dysfunction;  or
(B)  maximize function in a person's life;  or
(3)  applies therapeutic goal-directed activities in treating patients on an individual basis, in groups, or through social systems, by means of direct or monitored treatment or consultation.
(c)  The practice of occupational therapy does not include diagnosis or psychological services of the type typically performed by a licensed psychologist.
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 A. General Provisions › Section 454.007. Use of Title of Doctor

Sec. 454.007.  USE OF TITLE OF DOCTOR.  An occupational therapist or occupational therapy assistant may not use the abbreviation "Dr.," the word "Doctor," or any suffix or affix indicating or implying that the person is a physician.
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 B. Texas Board of Occupational Therapy Examiners › Section 454.051. Board Membership

Sec. 454.051.  BOARD MEMBERSHIP.  (a)  The Texas Board of Occupational Therapy Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  four occupational therapist members who have practiced occupational therapy for at least the three years preceding appointment to the board;
(2)  two occupational therapy assistant members, each of whom has practiced as an occupational therapy assistant for at least the three years preceding appointment to the board;  and
(3)  three members who represent the public and who are not occupational therapists.
(b)  Appointments to the board shall be made without regard to the race, creed, sex, religion, 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. 14.211(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 B. Texas Board of Occupational Therapy Examiners › Section 454.052. Public Member Eligibility

Sec. 454.052.  PUBLIC MEMBER ELIGIBILITY.  A person is not eligible for appointment as a public member of the board 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 the executive council or the board or that receives funds from the executive council or the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the executive council or the board or that receives funds from the executive council or the board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the executive council or the board, other than compensation or reimbursement authorized by law for executive council or 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 454 - Occupational Therapists › Subchapter B. Texas Board of Occupational Therapy Examiners › Section 454.053. Membership Restrictions

Sec. 454.053.  MEMBERSHIP 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 board 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 be a member of the board 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 or the 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. 4.03, 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 B. Texas Board of Occupational Therapy Examiners › Section 454.054. Terms; Vacancy

Sec. 454.054.  TERMS;  VACANCY.  (a)  Members of the board serve staggered six-year terms, with the terms of two members licensed under this chapter and one member who represents the public expiring on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.211(b), 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 B. Texas Board of Occupational Therapy Examiners › Section 454.055. Grounds for Removal

Sec. 454.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 454.051(a);
(2)  does not maintain during service on the board the qualifications required by Section 454.051(a);
(3)  is ineligible for membership under Section 454.052 or 454.053;
(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 board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the coordinator of occupational therapy programs has knowledge that a potential ground for removal exists, the coordinator shall notify the presiding officer of the board 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 coordinator shall notify the next highest ranking officer of the board, 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. 4.04, 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 B. Texas Board of Occupational Therapy Examiners › Section 454.056. Per Diem; Reimbursement

Sec. 454.056.  PER DIEM;  REIMBURSEMENT.  (a)  A member of the board is entitled to a per diem as set by the General Appropriations Act for each day the member engages in board business.
(b)  A member may receive reimbursement for meals, lodging, and transportation expenses as provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.212(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 B. Texas Board of Occupational Therapy Examiners › Section 454.057. Officers

Sec. 454.057.  OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(b)  After the appointment of members every two years, the members of the board shall elect from among its members a secretary and other officers required to conduct the business of the 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. 4.05, 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 B. Texas Board of Occupational Therapy Examiners › Section 454.058. Meetings

Sec. 454.058.  MEETINGS.  (a)  The board shall hold at least two regular meetings each year.
(b)  Additional meetings may be held on the call of the presiding officer or on the written request of three members of the board.
(c)  The coordinator of occupational therapy programs shall keep a record of each meeting of the board.  The record must be open to public inspection at all times.
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 B. Texas Board of Occupational Therapy Examiners › Section 454.059. Training

Sec. 454.059.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board and executive council operations;
(2)  the programs, functions, rules, and budgets of the board and executive council;
(3)  the scope of and limitations on the rulemaking authority of the board and executive council;
(4)  the types of board and executive council rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business regulated by the board, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons engaged in a profession or business regulated by the board;
(B)  restrict advertising by persons engaged in a profession or business regulated by the board;
(C)  affect the price of goods or services provided by persons engaged in a profession or business regulated by the board; or
(D)  restrict participation in a profession or business regulated by the board;
(5)  the results of the most recent formal audit of the board and executive council;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the person's attendance at the program occurs before or after the person qualifies for office.
(d)  The director of the executive council shall create a training manual that includes the information required by Subsection (b).  The director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the director a statement acknowledging receipt of the training manual.
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. 4.06, 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 B. Texas Board of Occupational Therapy Examiners › Section 454.060. Civil Liability

Sec. 454.060.  CIVIL LIABILITY.  A member of the board is not liable in a civil action for an act performed in good faith while performing duties as a board member.
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 454.101. General Powers and Duties

Sec. 454.101.  GENERAL POWERS AND DUTIES.  Except as provided by Chapter 452, the board shall administer and enforce 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 C. Powers and Duties › Section 454.102. Rules

Sec. 454.102.  RULES.  The board shall adopt rules consistent with this chapter to carry out its duties in administering 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 C. Powers and Duties › Section 454.103. Rules Regarding Advertising or Competitive Bidding

Sec. 454.103.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person.
(b)  The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.