reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.6 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				administrator shall distribute to participating lenders all application
				materials required for the program by the board. Participating lending
				institutions may only charge fees that have been approved by the board. The
				board may establish by resolution any procedures for obtaining the board's
				approval of fees.
(b) The board
				shall establish by resolution all policies, procedures, and requirements for
				the submission and review of loan applications, including the certification of
				eligibility of the veteran.
(c) If
				the veteran has previously participated in the program, the veteran must have
				satisfactorily paid in full all prior program loans in order to be eligible to
				participate in the program again. If the veteran has an active Veterans Land
				Program loan at the time of application, it must be in good standing.
(d) The board may establish by resolution all
				other procedures and policies relating to the submission, review, processing,
				approval, and funding of program loans. In doing so, the board shall review the
				prudent lending practices prevalent in the residential mortgage lending
				industry and shall follow such practices to the maximum extent
				practical.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.7 - Qualifying Lending Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				entity wishing to apply to be a participating lending institution may obtain
				application information and forms from the administrator. The applicant shall
				submit the completed application and application fee to the administrator who
				shall review it and recommend approval or disapproval of the application to the
				board. The board shall consider the recommendation of the administrator and
				shall notify the applying lending institution of its decision. Approval of the
				application of a lending institution to participate shall not be withheld
				unreasonably.
(b) No application
				shall be approved unless the applicant:
(1)
				is duly organized, validly existing, and in good standing under the laws
				governing its creation and existence and is duly authorized and qualified to
				originate and service residential housing loans in the State of Texas and
				transact all business contemplated by Chapter 177 of this title and the Natural
				Resources Code, Chapter 162;
(2)
				is, at the time of the origination of any conventional mortgage loan, an FNMA
				or FHLMC approved seller and servicer of conventional mortgages, or an
				institution, the deposits of which are insured by FDIC or FSLIC, and will
				continue to be so approved at all times thereafter, so long as the applicant
				shall continue to serve in the capacity contemplated by the program;
(3) is, at the time of origination of any
				mortgage loan which has FHA insurance, an FHA-approved mortgagee and an FNMA or
				FHLMC approved seller and servicer of FHA insured mortgages, and will continue
				to be so approved at all times thereafter, so long as the applicant shall
				continue to serve in the capacity contemplated by the program;
(4) is, at the time of origination of any
				mortgage loan which has a VA guaranty, an eligible lender for mortgages
				guaranteed by the VA and an FNMA or FHLMC approved seller and servicer of VA
				guaranteed mortgages, and will continue to be so approved at all times
				thereafter, so long as the applicant shall continue to serve in the capacity
				contemplated by the program;
(5) is
				in compliance with the nondiscrimination provisions of the Civil Rights Act of
				1964 (78 Statutes 252) and the regulations pursuant to such Act;
(6) has a delinquency and foreclosure
				experience for the last three years which does not materially exceed the
				experience for similar institutions as determined by the administrator;
				and
(7) shall satisfy any other
				qualification requirements which the board may adopt by resolution from time to
				time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.8 - Qualifying Homes

Current through Reg. 49, No. 28; July 12, 2024
(a) The home the
				veteran wishes to purchase must meet all requirements established by the
				participating lending institution to whom the veteran has made
				application.
(b) In addition to
				other qualification requirements, the home must be occupied by the veteran
				within 60 days of closing and must be maintained as the veteran's principal
				residence for three consecutive years from date of purchase, except as
				hereinafter provided. The administrator and the participating lending
				institution servicing the veteran's loan will verify that the three years
				residency requirement is satisfied and report any violation to the board. In
				the event of a violation, the board may increase the interest rate on its loan
				to a higher rate or may accelerate all principal and interest on its loan. The
				board may, in its discretion, adopt any other remedy it deems
				appropriate.
(c) The board's loan
				must be a new mortgage; no refinancing shall be permissible under the program.
				The home does not have to be of new construction.
(d) In addition to any requirements or
				specifications placed on the type and quality of home by the participating
				lending institution, the home must be on a permanent foundation that is part of
				the real estate. "HUD-code manufactured homes," as defined by Texas Civil
				Statutes, Article 5221f, §3, are eligible under the program if they meet
				FNMA or FHLMC guidelines; however, "mobile homes," as defined by Texas Civil
				Statutes, Article 5221f, §3, are not eligible. Any other type of home will
				be considered on a case by case basis by the administrator under guidelines
				approved by the board.
(e) The home
				in which a veteran actually resides may be eligible for a home improvement loan
				(as such loans are commonly defined in the real estate lending industry) if the
				home and the veteran meet the qualification requirements established by the
				board for a home improvement loan. The board will adopt guidelines setting
				forth the requirements for obtaining a home improvement loan through the
				program, whether FHA Title I or other. The guidelines will be provided to all
				participating lending institutions.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.9 - Fees, Expenses, and Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
				must approve all fees and interest rates charged in connection with the
				program, by any party. These include, but are not limited to:
(1) All fees charged by any party to a
				veteran receiving a loan under this program must be approved by the board,
				including fees, expenses, and interest rates charged by the participating
				lending institution on its portion of the loan to the veteran. Fees and
				expenses approved by the board may be made a part of the veteran's loan
				installment payments.
(2) All fees
				and expenses charged to a participating lending institution under this program
				by the administrator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.10 - Loan Security

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved
				loan must be secured by a mortgage, deed of trust, or other lien on the home
				prior to any disbursement of funds to the participating lending institution by
				the board. All paperwork associated with the note and lien shall be deposited
				for safekeeping with the administrator.
(b) The security for the board's loan will be
				provided by:
(1) a participation first lien
				mortgage with the board and the participating lending institution joining as
				mortgagees, each receiving a share of the mortgage payment in proportion to
				each's loan, or a first or second lien and deed of trust securing the full
				amount of the board's loan;
(2)
				mortgage insurance providing for repayment of at least 50% of the total
				outstanding principal balances of all loans, or repayment of at least 50% of
				all anticipated losses, based upon the administrator's analysis and forecast of
				potential losses shown by the actual experience of the mortgage lending
				industry on similar types of loans. The board may contract with a mortgage
				insurance company for pooled coverage or with individual companies for
				insurance on each loan, or the board may elect to be self insured in part or in
				whole in order to meet the requirements of the Natural Resources Code, §
										162.011(d);
(3) hazard insurance on the structure naming
				the board loss payee in at least the amount of the board's loan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.11 - Servicing Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) Payments of
				principal and interest on the board's loan will be made on a monthly basis
				directly to the participating lending institution agreeing to service the
				veteran's loan. The board's portion of this loan will be forwarded to the board
				in accordance with the contract between the board and the participating lending
				institution. The installment payments collected by the participating lending
				institution may include installments on taxes and insurance and other fees and
				expenses approved by the board.
(b)
				In the event that a veteran becomes delinquent and defaults, it shall be the
				responsibility of the administrator and the participating lending institution
				servicing the loan to determine if foreclosure on the loan is necessary. If
				foreclosure is necessary, the participating lending institution shall initiate
				foreclosure actions under the provisions of the deed of trust.
(c) The participating lending institution
				shall verify that during the course of the loan the hazard insurance and
				mortgage repayment insurance are current. In the event of default or occurrence
				of any condition covered by the insurance, the participating lending
				institution will notify the insurer and file a claim under the provisions of
				the applicable policies. The board's portion of the proceeds shall be computed
				as a percentage of the board's principal balance to the total principal
				balance. The participating lending institution shall forward to the board its
				portion of the proceeds under the policy.
(d) The veteran may prepay his loan in
				accordance with the loan documents and in compliance with the requirements of
				the participating lending institution or the board at any time in whole or in
				part with no penalty. The veteran must contact the participating lending
				institution to make arrangements for partial prepayment.
(e) The administrator shall incorporate into
				the guidelines for participating lending institutions and the contracts between
				the board and the participating lending institutions provisions governing
				servicing of loans, including procedures for determining default and
				foreclosure.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.12 - Assumptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A loan under this program may be assumed
				after obtaining approval of the board and the participating lending institution
				in writing and by complying with the following requirements.
(1) The original veteran borrower must have
				occupied the home as a principal residence for at least three years from the
				date of purchase.
(2) All mature
				interest, principal, and taxes must have been paid.
(3) The party wishing to assume the loan must
				meet the qualification requirements of the participating lending
				institution.
(4) The assumption
				agreement must be on forms approved by the administrator and the board and must
				be executed by the chairman of the board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.13 - Rights of Board

Current through Reg. 49, No. 28; July 12, 2024
The board may reject any veteran's loan application and shall
				  not be liable for any loss resulting from such rejection. The board is the
				  final authority is determining the interpretation and application of these
				  rules on a case by case basis.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.14 - Loan Amounts

Current through Reg. 49, No. 28; July 12, 2024
The maximum amount that an individual will be able to borrow
				  under this chapter will be established by resolution of the board, from time to
				  time. Provided however, the maximum loan amount may not exceed the maximum
				  allowable loan amount under the United States Department of Veterans Affairs
				  Home Loan Guaranty Program. In the case of a home improvement loan, the board
				  shall establish the maximum loan amount by resolution.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.1 - 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) Board--The Veterans
				Land Board of the State of Texas.
(2) Chairman--The commissioner of the General
				Land Office who is also chairman of the Veterans Land Board.
(3) Committee--Veterans Cemetery Committee,
				consisting of the Board, the Chairman of the Texas Veterans Commission, and two
				members of the veteran's community appointed by the Chairman of the Texas
				Veterans Committee.
(4) Eligible
				Relative--As by the USDVA rules governing State Cemetery Grants,
				38
				C.F.R §39.2(a) to
				include a veteran's wife, husband, surviving spouse, minor children, and
				unmarried adult children who were physically or mentally disabled and incapable
				of self-support.
(5) TSVC--Texas
				State Veterans Cemetery, a burial ground operated solely for the burial of
				veterans and the eligible relatives.
(6) USDVA--The United States Department of
				Veterans Affairs or any successor thereto.
(7) Veteran--As defined by defined
				38
				U.S.C. §101(2) and the
				USDVA rules governing State Cemetery Grants,
				38
				C.F.R. §39.1(h) meaning
				a person who served in the active military, naval, or air service and who died
				while in service or was discharged or released therefrom under conditions other
				than dishonorable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.2 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Any requirement of this chapter, which is
				not otherwise required by the constitution or statutes of this state, or any
				federal law, may be waived by the Board. Any waiver request must be in writing
				and must describe the circumstances surrounding the request, including all of
				the reasons why the waiver is requested.
(b) The Board is the final authority in
				determining the interpretation and application of these rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.3 - Funding

Current through Reg. 49, No. 28; July 12, 2024
Funding to operate, maintain, enlarge or improve a TSVC shall
				  come in part from the veterans' land fund, the veterans' housing assistance
				  fund and the veterans' housing assistance fund II, not to exceed $7,000,000 for
				  each fiscal year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.4 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A TSVC must be newly
				constructed.
(b) Each TSVC must
				meet all applicable federal regulations, including but not limited to any and
				all regulations and requirements for the funding of a State Veterans Cemetery.
				These rules, regulations, and requirements are incorporated herein and made a
				part hereof for all purposes.
(c)
				Each TSVC must meet all state and local laws and regulations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.5 - Burial Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
In order to qualify for all funding available from the USDVA
				  through the State Cemetery Program, the Board, for each TSVC, will allow only
				  the interment of veterans and eligible relatives as defined by the USDVA laws
				  and regulations, as they may be amended from time-to-time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 178 - TEXAS STATE VETERANS CEMETERIES › Section 178.6 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board must approve all fees, expenses
				and charges for interment, disinterment, and related services for the
				TSVC.
(b) A TSVC shall apply no
				charges for disinterment or related interment services for eligible relatives
				of veterans.
(c) Each TSVC shall
				seek reimbursement from the USDVA of the plot allowance for interment of
				veterans. A TSVC shall apply no additional charges for interment, disinterment,
				or related services for veterans.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 361 - STATUTORY AUTHORITY › Section 361.1 - Statutory Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the
				  Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851. These
				  rules do not restate all the provisions of the Occupational Therapy Practice
				  Act. The board makes decisions in the discharge of its statutory authority
				  without regard to any person's race, creed, color, religion, sex, national
				  origin, disability, or age.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 363 - CONSUMER/LICENSEE INFORMATION › Section 363.1 - Consumer/Licensee Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
				prepares and provides without cost a Consumer Information Sign (in English and
				Spanish). The sign, or a reasonable facsimile of the sign, must be displayed in
				a location of public access at the place(s) of business of any board
				licensee.
(b) Board meetings are
				announced and conducted under the provisions of the Texas Open Meetings Act,
				Texas Government Code, § 551 et seq.
(c) The board intends that the public have a
				reasonable opportunity to speak on issues that are under the jurisdiction of
				the board. The board reserves the authority to limit the length of public
				commentary.
(d) The licensee is
				responsible for being knowledgeable of Title 3, Subtitle H, Chapter 454
				Occupations Code, the Occupational Therapy Practice Act, and of the Texas Board
				of Occupational Therapy Examiners' rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 363 - CONSUMER/LICENSEE INFORMATION › Section 363.2 - Petition for the Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Texas Government Code,
				§
									2001.021,
				an interested person may petition the Board for the adoption of a rule. In this
				section, "interested person" has the meaning as defined in Texas Government
				Code, §
									2001.021.
(b) The petition must be submitted to the
				Board and must contain the name and contact information of the interested
				person and affiliation or organization if any; a description of the rule and
				the reason for it; the section numbers and titles from the Texas Board of
				Occupational Therapy Examiners Rules of the rule sections affected if
				applicable; and the proposed rule text with any added language underlined and
				any deleted language bracketed. The petition must include a statement of the
				statutory authority under which the rule is to be adopted and a statement
				regarding the public benefits anticipated as a result of adopting the rule or
				the anticipated injury or inequity that could result from the failure to adopt
				the proposed rule. The petition must be dated and signed by the interested
				person.
(c) The Board shall
				evaluate the merits of the proposal.
(d) In accordance with Texas Government Code,
				§
									2001.021,
				the Board shall respond to the petitioner within 60 days of receipt of the
				petition. The response shall:
(1) advise that
				rulemaking proceedings will be initiated; or
(2) deny the petition, stating the reasons
				for its denial.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 363 - CONSUMER/LICENSEE INFORMATION › Section 363.3 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Board to engage in negotiated
				  rulemaking procedures consistent with Texas Government Code, Chapter 2008, when
				  appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 363 - CONSUMER/LICENSEE INFORMATION › Section 363.4 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Board to use alternative dispute
				  resolution where appropriate consistent with Texas Government Code, Chapter
				  2009, and any model guidelines issued by the State Office of Administrative
				  Hearings for the use of alternative dispute resolution by state
				  agencies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 364 - REQUIREMENTS FOR LICENSURE › Section 364.1 - Requirements for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				applicants for initial Texas licensure shall:
(1) submit a complete application form and
				non-refundable application fee as set by the Executive Council;
(2) submit in paper or electronic form a
				current color photograph that meets the requirements for a U.S. passport. A
				photograph in electronic form must be of a high-quality resolution comparable
				to that of a passport photograph in paper form;
(3) submit a successfully completed Board
				jurisprudence examination on the Act and Rules;
(4) have completed academic and supervised
				field work requirements of an accredited educational program in occupational
				therapy as per §454.203 of the Act (relating to Qualifications for
				Occupational Therapist or Occupational Therapy Assistant License) or if
				foreign-trained, have met substantially equivalent academic and supervised
				field work requirements as per §454.205 of the Act (relating to
				Foreign-Trained Applicants);
(5)
				submit a complete and legible set of fingerprints in the manner prescribed by
				the Board for the purpose of obtaining criminal history record information from
				the Department of Public Safety and the Federal Bureau of Investigation;
				and
(6) either meet the
				requirements in §
										364.2
				of this title (relating to Initial License by Examination) and apply by
				examination or meet the requirements in §
										364.4 of
				this title (relating to Licensure by Endorsement) and apply by
				endorsement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 364 - REQUIREMENTS FOR LICENSURE › Section 364.2 - Initial License by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An applicant applying for license by examinationmust:
(1) meet all provisions of §
										364.1
				of this title (relating to Requirements for a License); and
(2) pass the NBCOT certification examination
				for occupational therapists or occupational therapy assistants with a score set
				by NBCOT. Score reports must be sent directly to the Board by NBCOT.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 364 - REQUIREMENTS FOR LICENSURE › Section 364.3 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may only
				issue a temporary license to an applicant who is taking the NBCOT certification
				examination for the first time.
(b)
				Temporary Licensure is not available to applicants who have received a license
				in any state or territory of the U.S. as an occupational therapy practitioner
				or to applicants applying from the U.S. military or a non-licensing state or
				territory of the U.S. who have had occupational therapy employment for at least
				two years preceding application for a Texas license, unless it was as an
				occupational therapy assistant , and they now meet the requirements for a
				temporary license as an occupational therapist , or it was as an occupational
				therapist, and they now meet the requirements for a temporary license as an
				occupational therapy assistant. In this section, "occupational therapy
				practitioner" means an individual licensed as an occupational therapist or
				occupational therapy assistant in any state or territory of the U.S.
(c) To be issued a temporary license, the
				applicant must:
(1) meet all provisions of
				§
										364.1
				of this title (relating to Requirements for a License);
(2) meet all provisions of §
										364.2
				of this title (relating to License by Examination);
(3) submit the Confirmation of Examination
				Registration and Eligibility to Examine form from NBCOT, which must be sent
				directly to the Board by NBCOT and which reflects the eligibility window in
				which the applicant will take the examination;
(4) submit a copy of the receipt showing that
				an NBCOT score report has been ordered for the Board;
(5) submit a signed verification of
				supervision on a form prescribed by the Board; and
(6) send the Board the non-refundable
				temporary license fee as set by the Executive Council.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 364 - REQUIREMENTS FOR LICENSURE › Section 364.4 - Licensure by Endorsement

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				may issue a license by endorsement to applicants who have passed the NBCOT
				certification examination and are either currently licensed in another state or
				territory of the U.S. that has licensing requirements substantially equivalent
				to this state or, if not currently licensed in a state or territory of the
				U.S., are applying from the U.S. military or a non-licensing state or territory
				of the U.S. and can substantiate occupational therapy employment for at least
				two years immediately preceding application for a Texas license. Previous Texas
				licensees are not eligible for Licensure by Endorsement. An applicant seeking
				licensure by endorsement must:
(1) meet all
				provisions of §
										364.1
				of this title (relating to Requirements for Licensure);
(2) arrange to have NBCOT send directly to
				the Board the applicant's NBCOT certification examination score report (or for
				applicants examined prior to 1986, a Verification of Certification form);
				and
(3) submit a verification of
				license if the Board cannot verify the applicant's history of licensure in
				occupational therapy, including disciplinary action. The verification must be
				an original verification sent directly to the Board by the licensing board of
				the state or territory. Disciplinary action must be reported to the Board. If
				the applicant is not currently licensed in a state or territory of the U.S. and
				is applying from the U.S. military or a non-licensing state or territory of the
				U.S., a Verification of Employment form must be submitted substantiating
				occupational therapy employment for at least two years immediately preceding
				application for a Texas license.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 364 - REQUIREMENTS FOR LICENSURE › Section 364.5 - Recognition of Out-of-State License of Military Service Members and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Notwithstanding any other law, a military service member or military spouse may
				engage in the practice of occupational therapy without obtaining the applicable
				occupational therapy license if the service member or spouse is currently
				licensed in good standing by another jurisdiction of the U.S. that has
				licensing requirements that are substantially equivalent to the requirements
				for the license in this state.
(b)
				Before engaging in the practice of occupational therapy, the military service
				member or military spouse must:
(1) notify
				the Board in writing of the following:
(A)
				the service member's or spouse's intent to practice in this state;
(B) the service member's or spouse's full
				name and any previous last names, social security number, date of birth, phone
				number, business phone number, residential address, business address, mailing
				address, and email address;
(C) the
				license type, license number, and jurisdiction in which the service member or
				spouse is currently licensed in good standing; and
(D) a list of all jurisdictions in which the
				service member or spouse has held or currently holds a license with the license
				type, license number, and license expiration date of each;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 367 - CONTINUING EDUCATION › Section 367.2 - Other Acceptable Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for the
				pre-approved activities described under §
									367.1(d)(1) of
				this title (relating to Continuing Education), in order to be eligible for
				continuing education, activities must meet the following requirements.
(1) Acceptable Content. Activities must be
				professional development activities that ensure the health, safety, and welfare
				of the public and directly concern the maintenance or enhancement of knowledge
				and proficiencies relevant to occupational therapy practice or the pedagogy,
				education, ethics, or theory development of occupational therapy.
(2) Categories of Activities. Activities must
				fall under one or more of the categories described under subsection (b) of this
				section (relating to Categories of Other Acceptable Activities).
(3) Unacceptable Activities. Activities may
				not be unacceptable activities. Unacceptable professional development
				activities not eligible for continuing education include but are not limited
				to:
(A) Any non-instructional time frames
				such as breaks, meals, introductions, and pre/post testing.
(B) Business meetings.
(C) Exhibit hall attendance.
(D) Activities that provide information about
				the work setting's philosophy, policies, or procedures or educate employees
				about a specific work setting.
(E)
				Activities that concern business development, general professional
				behaviors/standards, or customer service.
(F) Activities that concern the
				self-promotion of the provider's or licensee's programs, products, or
				services.
(G) Activities that
				concern general topics such as social work; defensive driving; water safety;
				team building; Graduate Record Examinations (GRE)®, Graduate Management
				Admissions TestT (GMAT), and Medical College Admission Test® (MCAT)
				preparation; general foreign languages; disposal of hazardous waste; patient
				privacy/rights or abuse of patients; cardiopulmonary resuscitation (CPR); First
				Aid; Health Insurance Portability and Accountability Act (HIPAA); and Family
				Educational Rights and Privacy Act (FERPA).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 367 - CONTINUING EDUCATION › Section 367.3 - Continuing Education Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				shall select for audit a random sample of licensees. The audit will cover a
				period for which the licensee has already completed the continuing education
				requirement.
(b) Licensees randomly
				selected for the audit must provide to the Board appropriate documentation
				within 30 days of notification.
(c)
				The licensee is solely responsible for keeping accurate documentation of all
				continuing education requirements. Continuing education documentation must be
				maintained for auditing purposes for four years from the end of the expiration
				month of the corresponding renewal period or for a late renewal or a
				restoration, for four years from the end of the month when the late renewal or
				restoration was completed.
(d)
				Knowingly providing false information or failure to respond during the audit
				process or the renewal process is grounds for disciplinary action.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 367 - CONTINUING EDUCATION › Section 367.4 - Process for Selecting a Peer Organization to Evaluate and Approve Continuing Education Courses

Current through Reg. 49, No. 28; July 12, 2024
If the Board chooses to authorize a license holder peer
				  organization in Texas to evaluate and approve continuing education courses:
(1) The Board will conduct a request
				for proposals and bid process to select an organization, and
(2) The Board will request bids and proposals
				at least once every four years.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 368 - OPEN RECORDS › Section 368.1 - Open Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Open Records
				Requests. Inspection of Public Records under the Texas Public information Act,
				Texas Government Code Chapter 552, provides that public information is
				available for public inspection during normal business hours except
				investigative files and other records of the Board made confidential by law. In
				addition, the exceptions to disclosure in Texas Government Code Chapter 552 or
				other state or federal statutes may protect certain information. This rule is
				promulgated pursuant to Texas Government Code Chapter 552 to establish a
				records review process that is efficient, safe, and timely to the public and to
				the agency.
(1) Requests must be in writing
				and reasonably identify the records requested.
(2) Records access will be by appointment
				only.
(3) Records access is
				available only during the regular business hours of the agency.
(4) A review of public information may be by
				physical access or by duplication at the requestor's option.
(5) When the safety of any public record is
				at issue, physical access may be denied and the records will be provided by
				duplication as previously described.
(6) Confidential files will not be made
				available for inspection or for duplication except under certain circumstances,
				e.g., court order.
(7) All open
				records request appointments will be referred to the Executive Director or the
				Executive Director's designee before complying with a request.
(8) The open records coordinator for the
				agency is the Executive Director and the alternate is the Executive Director's
				designee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 369 - DISPLAY OF LICENSES › Section 369.1 - Display of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Licenses must
				be displayed in accordance with the Act, §
									454.214.
(b) The original license must be prominently
				displayed in the licensee's principal place of business as designated by the
				licensee. Reproduction of the original license is only authorized for
				institutional file purposes and not for public display.
(c) A licensee may provide occupational
				therapy services according to the terms of the license upon online verification
				of current licensure and license expiration date from the Board's license
				verification page. The Board will maintain a secure resource for verification
				of license status and expiration date on its website.
(d) A licensee shall not make any
				alteration(s) on a license.
(e) The
				Board may issue a copy of a license to replace one lost or destroyed upon
				receipt of a written request and the appropriate fee from the licensee. The
				Board may issue a replacement copy of a license to reflect a name change upon
				receipt of a written request, the appropriate fee, and a copy of the legal
				document (such as a marriage license, court decree, or divorce decree)
				evidencing the name change.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 369 - DISPLAY OF LICENSES › Section 369.2 - Changes of Name or Contact Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee or applicant shall notify the Board in writing of changes in name,
				phone number, business phone number, residential address, business address,
				mailing address, and/or email address within 30 days of such change(s).
				Applicants and temporary licensees, in addition, shall notify the Board in
				writing of changes of supervisor within 30 days of such change(s). A copy of
				the legal document (such as a marriage license, court decree, or divorce
				decree) evidencing a change in name must be submitted by the licensee or
				applicant with any written notification of a change in name. To request a
				replacement copy of the license to reflect a name change, refer to §
									369.1 of this title (relating to
				Display of Licenses).
(b) Failure
				to provide the changes requested in subsection (a) of this section may cause a
				licensee to be subject to disciplinary action.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 369 - DISPLAY OF LICENSES › Section 369.3 - Use of Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensed
				occupational therapists shall use the title occupational therapist or the
				abbreviation OT. Occupational Therapist, Registered is an alternate title for
				occupational therapist and OTR® is an alternate
				abbreviation for OT if individuals who are licensed by this board take the
				responsibility for ensuring that they are qualified to use such by maintaining
				certification through NBCOT.
(b)
				Licensed occupational therapy assistants shall use the title occupational
				therapy assistant or the abbreviation OTA. Certified Occupational Therapy
				Assistant is an alternate title for occupational therapy assistant and
				COTA® is an alternate abbreviation for OTA if
				individuals who are licensed by this board take the responsibility for ensuring
				that they are qualified to use such by maintaining certification through
				NBCOT.
(c) No other titles or
				abbreviations are conferred for a license from this board.
(d) The use of the title doctor is governed
				by §454.007 of the Act (relating to Use of Title of Doctor).
(e) The titles and abbreviations described by
				subsections (a) and (b) of this section must precede any other titles,
				abbreviations, academic degrees, or certifications (example: John Doe, OT, CHT
				or Jane Doe, OTR, PhD) with the following exception: if an occupational therapy
				practitioner is practicing in a higher education setting or is signing as an
				author for a publication that requires a recognized publication format, then
				the titles or abbreviations described by subsections (a) or (b) of this section
				may follow other titles, abbreviations, academic degrees, or certifications
				(Ex: John Doe, CHT, OT or Jane Doe, PhD, OTR).
(f) Limitations. A person who does not hold a
				license to practice occupational therapy in Texas may not use any of the
				following terms in conjunction with the person's business, work, or services:
(1) "occupational therapist," "licensed
				occupational therapist," "occupational therapist, registered";
(2) "occupational therapy assistant,"
				"licensed occupational therapy assistant," "certified occupational therapy
				assistant";
(3) "OT," "OTR," "LOT,"
				"OTR/L";
(4) "OTA," "COTA," "LOTA,"
				"COTA/L"; or
(5) any other words,
				letters, abbreviations, or insignia indicating or implying that the person is
				an occupational therapist or an occupational therapy assistant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 370 - LICENSE RENEWAL › Section 370.1 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensee Renewal.
				Licensees are required to renew their licenses every two years by the end of
				their birth month. A licensee may not provide occupational therapy services
				without a current license. Licenses and license expiration dates should be
				verified on the Board's license verification web page.
(1) General Requirements. The renewal
				application is not complete until the Board receives all required items. The
				components required for license renewal are:
(A) a complete renewal application form as
				prescribed by the Board verifying completion of the required continuing
				education, as per Chapter 367 of this title (relating to Continuing
				Education);
(B) the renewal fee and
				any late fees as set by the Executive Council that may be due;
(C) a passing score on the jurisprudence
				examination;
(D) the licensee's
				physical address, any work address, other mailing address, and email address;
				and
(E) a complete and legible set
				of fingerprints submitted in the manner prescribed by the Board for the purpose
				of obtaining criminal history record information from the Department of Public
				Safety and the Federal Bureau of Investigation. The licensee is not required to
				submit fingerprints under this section if the license holder has previously
				submitted fingerprints under:
(i) Chapter 364
				of this title (relating to Requirements for Licensure) for the initial issuance
				of the license;
(ii) Chapter 370 of
				this title (relating to License Renewal) as part of a prior license renewal;
				or
(iii) Chapter 371 of this title
				(relating to Inactive and Retired Status) as part of a prior license renewal or
				change of license status.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 370 - LICENSE RENEWAL › Section 370.2 - Late Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A renewal
				application is late if all the required renewal materials do not bear a
				postmark or electronic time-stamp showing a date prior to the expiration of the
				license.
(b) If the license has
				been expired for less than one year, the person may renew the license by
				completing all renewal requirements and submitting the renewal fee and the
				appropriate late fee.
(c) Military
				Service:
(1) A licensee will be exempt from
				late fees and penalty for failure to timely renew a license if the licensee
				establishes to the satisfaction of the Board that failure to renew the license
				in a timely manner was because the licensee was serving as a military service
				member.
(2) A licensee who is a
				military service member is entitled to two years of additional time after the
				expiration of the license to complete:
(A)
				any continuing education requirements; and
(B) any other requirements related to the
				renewal of the license.
(3) In this section, "military service
				member" has the meaning as defined in Chapter 55, Occupations Code,
				§55.001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 370 - LICENSE RENEWAL › Section 370.3 - Restoration of a Texas License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Restoration of a license expired one year or more to a person with a current
				license or occupational therapy employment:
(1) The Board may restore a license to a
				person whose Texas license has been expired one year or more if the person:
(A) is currently licensed in another state or
				territory of the U.S. and that license has not been suspended, revoked,
				cancelled, surrendered or otherwise restricted for any reason; or
(B) if not currently licensed in another
				state or territory of the U.S., is applying from the U.S. military or a
				non-licensing state or territory of the U.S. and can substantiate occupational
				therapy employment for at least two years immediately preceding application for
				a Texas license.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 370 - LICENSE RENEWAL › Section 370.4 - Administrative Suspension and Refusal to Renew a License

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director, the Executive Director's designee, or
				  the Director of Enforcement may administratively suspend or refuse to renew the
				  license of a person who does not comply with the requirements of the
				  Occupational Therapy Practice Act §454.217 (relating to Criminal History
				  Record Information for License Issuance) and §454.255 (relating to
				  Criminal History Record Information Requirement for License
				  Renewal).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 371 - INACTIVE AND RETIRED STATUS › Section 371.1 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) Inactive status
				indicates the voluntary termination of the right to practice occupational
				therapy by a licensee in good standing with the Board. The Board may allow an
				individual who is not actively engaged in the practice of occupational therapy
				to put an active license on inactive status at the time of renewal. A licensee
				may remain on inactive status for no more than three renewals or six
				consecutive years and may not represent himself or herself as an occupational
				therapist or occupational therapy assistant.
(b) Required components to put a license on
				inactive status are:
(1) a completed renewal
				application form documenting completion of the required continuing education as
				described in Chapter 367 of this title (relating to Continuing
				Education);
(2) the inactive status
				fee and any late fees that may be due; and
(3) a passing score on the jurisprudence
				examination.