Texas Occupations Code Title 3, Chapter 454 - Occupational Therapists

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 454.053 - Membership Restrictions
  (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to...
• Texas Section 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...
• Texas Section 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 appointment the qualifications required...
• Texas Section 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...
• Texas Section 454.057 - Officers
  After the appointment of members every two years, the members of the board shall elect from among its members a presiding officer, a secretary, and...
• Texas Section 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...
• Texas Section 454.059 - Training
  (a) Before a member of the board may assume the member's duties, the member must complete at least a course of the training program established...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 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...
• Texas Section 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,
• Texas Section 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....
• Texas Section 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...
• Texas Section 454.104 - Fees
  (a) The board may recommend to the executive council reasonable and necessary fees for licenses issued or services performed under this chapter that in the...
• Texas Section 454.105 - Employees; Division Of Responsibilities
  (a) The board may request the executive council to assign administrative and clerical employees as necessary to carry out the board's functions. (b) The board...
• Texas Section 454.106 - List Of License Holders
  (a) The coordinator of occupational therapy programs shall maintain a list of the names of each person licensed under this chapter. (b) The list shall...

SUBCHAPTER D PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

• Texas Section 454.107 - Board Duties Regarding Complaints
  (a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be...
• Texas Section 454.151 - Public Interest Information
  (a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and...
• Texas Section 454.152 - Record Of Complaints
  (a) The board shall keep an information file about each complaint filed with the executive council and referred to the board. The board's information file...
• Texas Section 454.153 - General Rules Involving Complaint Investigation And Disposition
  (a) The board shall adopt rules relating to the investigation of a complaint received by the board. The rules shall: (1) distinguish between categories of...

SUBCHAPTER E LICENSE REQUIREMENTS; REGISTRATION OF FACILITIES

• Texas Section 454.154 - Public Participation
  (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
• Texas Section 454.201 - License Required; Use Of Title
  (a) A person may not practice occupational therapy or practice as an occupational therapy assistant unless the person is an individual licensed under this chapter....
• Texas Section 454.202 - Application
  (a) An applicant for an occupational therapist license or an occupational therapy assistant license must submit to the board a written application on a form...
• Texas Section 454.203 - Qualifications For Occupational Therapist Or Occupational Therapy Assistant License
  (a) An applicant for an occupational therapist license or an occupational therapy assistant license must present evidence satisfactory to the board that the applicant has:...
• Texas Section 454.204 - Educational Requirements
  To satisfy Section 454.203(a)(1): (1) an applicant applying for an occupational therapist license must have, from a program approved by the Accreditation Council for Occupational...
• Texas Section 454.205 - Foreign-trained Applicants
  (a) To obtain a license under this chapter, an applicant who is foreign-trained must satisfy the examination requirements of Section 454.203(a)(3). (b) Before allowing the...
• Texas Section 454.206 - Application For Examination
  (a) A person must satisfy the requirements of Sections 454.202(a) and 454.203(a)(1) and (2) before the person may apply for the examination. (b) The board...
• Texas Section 454.207 - License Examination
  (a) The board shall examine each applicant for a license by written examination to test the applicant's knowledge of the basic and clinical sciences relating...
• Texas Section 454.208 - Examination Results
  (a) The board shall notify each examinee of the results of the licensing examination not later than the 30th day after the date the examination...
• Texas Section 454.209 - Reexamination
  (a) An applicant who fails an examination given by the board may take a second examination on payment of the prescribed fees. (b) An applicant...
• Texas Section 454.210 - Provisional License
  (a) On application, the board shall issue a provisional license for the practice of occupational therapy to an applicant who: (1) is licensed in good...
• Texas Section 454.211 - Temporary License
  (a) The board by rule may provide for the issuance of a temporary license. (b) The holder of a temporary license must practice under the...
• Texas Section 454.212 - Inactive Status
  (a) The board by rule may provide for a license holder to place the holder's license under this chapter on inactive status. (b) A rule...
• Texas Section 454.213 - Accepted Practice; Practitioner's Referral
  (a) An occupational therapist may enter a case to: (1) provide consultation and monitored services; or (2) evaluate a person for the need for services....
• Texas Section 454.214 - Display Of License And Renewal Certificate
  A license holder under this chapter shall display the license holder's license and renewal certificate in a conspicuous place in the principal office in which...

SUBCHAPTER F LICENSE RENEWAL

• Texas Section 454.215 - Occupational Therapy Facility Registration
  (a) The board by rule shall adopt requirements for the registration and renewal of a registration of a facility in which the practice of occupational...
• Texas Section 454.251 - License Expiration
  (a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) For the term in which...
• Texas Section 454.252 - Renewal Of License
  (a) A person may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license....
• Texas Section 454.253 - Renewal Of Expired License By Out-of-state Practitioner
  (a) The board may renew without reexamination the expired license of a person who was licensed to practice as an occupational therapist or occupational therapy...

SUBCHAPTER G DISCIPLINARY ACTION AND PROCEDURE

• Texas Section 454.254 - Mandatory Continuing Education
  (a) The board by rule shall: (1) assess the continuing education needs of license holders; (2) establish a minimum number of hours of continuing education...
• Texas Section 454.301 - Grounds For Denial Of License Or Discipline Of License Holder
  (a) The board may deny, suspend, or revoke a license or take other disciplinary action against a license holder if the applicant or license holder...
• Texas Section 454.302 - Procedures For Disciplinary Action; Schedule Of Sanctions
  (a) Proceedings for disciplinary action against a license holder and appeals from those proceedings are governed by Chapter 2001, Government Code. (b) After a hearing...
• Texas Section 454.303 - Issuance Of License After Denial; Reissuance Of License
  On application by the person, the board may issue a license to a person whose license has been denied or reissue a license to a...
• Texas Section 454.304 - Informal Proceedings
  (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings...
• Texas Section 454.305 - Emergency Suspension
  (a) The board may temporarily suspend a license issued under this chapter on an emergency basis if the board determines that the continued practice by...

SUBCHAPTER H PENALTIES AND ENFORCEMENT PROCEDURES

• Texas Section 454.306 - Subpoena
  (a) The board may request or compel by subpoena: (1) the attendance of a witness for examination under oath; and (2) the production for inspection...
• Texas Section 454.351 - Injunctive Relief
  The attorney general, a district attorney, a county attorney, or any other person may institute a proceeding to enforce this chapter, including a suit to...
• Texas Section 454.352 - Monitoring Of License Holder
  The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. The rules must include procedures for: (1) monitoring...
• Texas Section 454.3521 - Administrative Penalty
  (a) The board may impose an administrative penalty against a person licensed or facility registered under this chapter who violates this chapter or a rule...
• Texas Section 454.353 - Civil Penalty
  (a) A person found by a court to have violated this chapter is liable to this state for a civil penalty of $200 for each...
• Texas Section 454.354 - Recovery Of Costs And Fees
  A person other than the attorney general, a district attorney, or a county attorney who brings an action to enforce this chapter or for injunctive...
• Texas Section 454.355 - Criminal Offense
  (a) A person commits an offense if the person knowingly violates this chapter. (b) An offense under this section is a Class A misdemeanor. (c)...

Last modified: September 28, 2016