Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 374 - DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS › Section 374.3 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The Act, Subchapters
				G and H authorizes the board to investigate complaints.
(b) Filing and receipt of complaints.
(1) Complaints may be received in writing.
				Complainants shall be invited to explain their allegations. The staff will
				provide reasonable assistance to a person who wishes to file a complaint.
				Anonymous complaints will be accepted, but it is understood that the lack of a
				witness or the ability to secure additional information from the anonymous
				complainant may result in the board's inability to secure sufficient evidence
				to pursue action against the alleged violator.
(2) When a complaint is received, the board
				shall notify the parties to the complaint of the status of the complaint,
				unless the notice would jeopardize an undercover investigation. The board shall
				notify the parties to the complaint at least as frequently as quarterly until
				there is final disposition of the complaint, in accordance with the Act,
				§454.152.
(3) Not later than
				the tenth calendar day after a complaint is received, the staff shall place a
				timeline for completion of the investigation in the file and notify all parties
				to the complaint. Any change in the timeline must be noted in the file and all
				parties notified of the change not later than seven calendar days after the
				change was made. For purposes of this rule, completion of an investigation in a
				disciplinary matter occurs when:
(A) staff
				determines there is insufficient evidence to demonstrate a violation of the
				Act, board rules, or a board order; or
(B) staff determines that there is sufficient
				evidence to demonstrate a violation of the Act, board rules, or a board order
				and drafts proposed formal charges.
(4) The staff shall provide summary data of
				complaints extending beyond the complaint timeline to the coordinator and the
				executive director who will then notify the board at a regularly scheduled
				meeting.
(5) The board shall keep
				an information file on each complaint submitted to the board. The file will be
				kept current and include a record of all persons contacted in relation to the
				complaint, notes about the findings throughout the complaint process, and other
				relevant information.
(6) The
				Investigation Committee may determine when and if a private investigator is
				needed for processing of a complaint.
(7) Complaints shall be assigned a priority
				status in the following categories:
(A) Those
				indicating that credible evidence exists showing a violation of the
				Occupational Therapy Practice Act involving actual deception, fraud, or injury
				to clients or the public or a high probability of immediate deception, fraud,
				or injury to clients or the public.
(B) Those indicating that credible evidence
				exists showing a violation of the Occupational Therapy Practice Act involving a
				high probability of potential deception, fraud, or injury to clients or the
				public.
(C) Those indicating that
				credible evidence exists showing a violation of the Occupational Therapy
				Practice Act involving a potential for deception, fraud, or injury to clients
				or the public.
(D) All other
				complaints.