Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Orthotists
				and Prosthetists Act, Texas Occupations Code, Chapter 605.
(2) Advisory board--The Orthotists and
				Prosthetists Advisory Board.
(3)
				Ancillary patient care service--Includes the clinical and technical activities
				associated with the provision of prosthetic and orthotic services except
				critical care events.
(4) Assistant
				patient care service--Includes comprehensive orthotic patient care (initial
				patient assessment, prescription development and recommendation, appropriate
				patient education and training and final evaluation and assessment of fit and
				function of custom fitted and off-the-shelf orthotic devices) involving
				pedorthics, compression garments, non-custom fabricated orthoses (except those
				used to treat scoliosis or an unstable fracture or dislocation), and knee
				orthoses; and comprehensive prosthetic care involving compression garments,
				when provided under the appropriate supervision of a practitioner licensed in
				the practice area in which the service is being provided.
(5) Board--The Orthotists and Prosthetists
				Advisory Board.
(6) CAAHEP--The
				Commission on Accreditation of Allied Health Education Programs.
(7) Clinical residency for an assistant--An
				assistant-level experience of at least 1,000 hours directly supervised by a
				practitioner.
(8) Clinical
				residency for a professional--A professional practitioner-level experience
				supervised by a practitioner.
(9)
				Commission--The Texas Commission of Licensing and Regulation.
(10) Critical care events--Initial patient
				assessment, prescription development and recommendation, appropriate patient
				education and training and final evaluation and assessment of fit and function
				of the custom-fabricated prosthesis or orthosis.
(11) Custom-fabricated--An orthosis or
				prosthesis designed, prescribed, fabricated, fitted and aligned for a specific
				individual in accordance with sound biomechanical principles.
(12) Custom-fitted--An orthosis or prosthesis
				adjusted, prescribed, fitted and aligned for a specific individual in
				accordance with sound biomechanical principles.
(13) Department--The Texas Department of
				Licensing and Regulation.
(14)
				Direct supervision--Supervision provided to a clinical resident throughout the
				fitting and delivery process (which includes ancillary patient care services),
				including oversight of results and signing-off on all aspects of fitting and
				delivery.
(15) Executive
				director--the executive director of the department.
(16) Extensive orthotic practice--Includes
				the evaluation of patients with a wide range of lower limb, upper limb and
				spinal pathomechanical conditions; the taking of measurements and impressions
				of the involved body segments; the synthesis of observations and measurements
				into a custom orthotic design; the selection of materials and components; the
				fabrication of therapeutic or functional orthosis including plastic forming,
				metal contouring, cosmetic covering, and assembling; the fitting and assessment
				of the orthosis; the appropriate follow-up, adjustments, modifications and
				revisions in an orthotic facility; the training and instruction of patients in
				the use and care of the orthosis; and maintaining current encounter notes and
				patient records.
(17) Extensive
				prosthetic practice--Includes the evaluation of patients with a wide range of
				upper and lower limb deficiencies; the taking of measurements and impressions
				of the involved body segments; the synthesis of observations and measurements
				into a custom prosthetic design; the selection of materials and components; the
				fabrication of functional prostheses including plastic forming, metal
				contouring, cosmetic covering, assembly, and aligning; the fitting and
				assessment of the prosthesis; the appropriate follow-up, adjustments,
				modifications and revisions in a prosthetic facility; the training and
				instruction of patients in the use and care of the prosthesis; and maintaining
				current encounter notes and patient records.
(18) Health care professional--A
				chiropractor, podiatrist, or advanced practice registered nurse or physician
				assistant acting under the delegation and supervision of a licensed physician
				as provided by Texas Occupations Code, Chapter 157, Subchapter B and rules
				adopted by the Texas Medical Board.
(19) Indirect supervision--Supervision
				provided to a licensed assistant or to a person in clinical residency for a
				professional by a practitioner who provides appropriate on-site supervision as
				approved by the accredited facility's practitioner in charge.
(20) License--Includes a license,
				registration, certificate, or other authorization issued under the Act to
				engage in an activity regulated under the Act, excluding accreditation of a
				facility.
(21) Licensed
				physician--A physician licensed and in good standing with the Texas Medical
				Board.
(22) Licensee--Includes a
				person holding a current license or registration issued by the department, to
				engage in an activity regulated under the Act.
(23) NCOPE--The National Commission on
				Orthotic and Prosthetic Education.
(24) Off-the-shelf--A prescribed,
				prefabricated orthosis that requires minimal self-adjustment by the patient or
				by a personal caregiver(s) for appropriate use and does not require expertise
				in trimming, bending, molding, assembling, or customizing to fit to the
				individual.
(25) Orthotic
				facility--A physical site, including a building or office, where the orthotic
				profession and practice normally take place.
(26) Orthotist in charge--An orthotist who is
				designated on the application for accreditation as the person who has the
				authority and responsibility for the facility's compliance with the Act and
				rules concerning the practice of orthotics in the facility.
(27) Patient education--Patient education
				involves information, instructions, training, and review for understanding that
				are provided to the patient or caregiver, including donning, doffing, use,
				care, sanitation, spinal and cranial orthotic training, upper extremity
				orthotic and prosthetic training, lower extremity orthotic and prosthetic gait
				training, normal wear and tear, schedule for continuing care, and indications
				for return to physician or health care professional.
(28) Practitioner--A person licensed under
				the Act as a prosthetist, orthotist, or prosthetist/orthotist.
(29) Practitioner in charge--The orthotist in
				charge, the prosthetist in charge, or the prosthetist/orthotist in
				charge.
(30) Prosthetic facility--A
				physical site, including a building or office, where the prosthetic profession
				and practice normally take place.
(31) Prosthetic/Orthotic facility--A physical
				site, including a building or office, where the prosthetic and orthotic
				professions and practices normally take place.
(32) Prosthetist in charge--A prosthetist who
				is designated on the application for accreditation as the person who has the
				authority and responsibility for the facility's compliance with the Act and
				rules concerning the practice of prosthetics in the facility.
(33) Prosthetist/Orthotist in charge--A
				prosthetist/orthotist who is designated on the application for accreditation as
				the person who has the authority and responsibility for the facility's
				compliance with the Act and rules concerning the practice of prosthetics and
				orthotics in the facility.
(34)
				Safety manager--An employee of an accredited facility who is assigned to
				develop, carry out and monitor an accredited facility's safety
				program.
(35) Technician--A person
				who fabricates, assembles, or services prostheses or orthoses under the
				direction of a licensed prosthetist, a licensed orthotist, a licensed
				prosthetist/orthotist, a licensed prosthetist assistant, licensed orthotist
				assistant, or licensed prosthetist/orthotist assistant responsible for the acts
				of the technician.
(36) Voluntary
				charity care--The practice of a licensed practitioner without compensation or
				expectation of compensation.