Proposed & Adopted Rules

ADOPTED RULES

 Effective February 14, 2013

§3671-3, Continuing Education

§376.4, §376.6, §376.8, Facility Registration

§651.1 OT Fees

§376.10. Change in Facility Ownership

Rule/Act Information

OT Rules

As mandated by the Texas Occupational Therapy Practice Act, the OT Board adopts rules to govern the practice of occupational therapy in the state. New rules, amendments to existing rules, and repeal of rules are adopted in response to developments and trends in occupational therapy practice or when mandated by legislative action. The rules establish a minimum standard, ensuring that the public is adequately protected from poor practice and unethical practitioners.

The rulemaking process requires the Board to propose and vote on any rules changes and to send them on to the Executive Council of Physical Therapy and Occupational Therapy Examiners for review. If approved by the Executive Council, they are printed in the Texas Register for a minimum of 30 days to allow for public review and comment. At the next board meeting the members will again review the proposed changes as well as any comments from the public. A final vote is taken on adoption of the proposed rule changes, in full or in part, based on consideration of the comments from the public. The rules are printed for the second time in the Texas Register, along with a response to any comments received. The rules automatically go into effect 20 days after second posting, unless otherwise stated. In general, the whole process takes approximately four months, depending on public comment or meeting schedules.

OT Practice Act

In 1983, the 68th Texas Legislature passed Senate Bill 1213 enacting the Texas Occupational Therapy Title Act (Vernon's Texas Civil Statutes, Article 8851). The legislation established the Texas Advisory Board of Occupational Therapy (TABOT) and attached it as an advisory board to the Texas Rehabilitation Commission. Effective September 1, 1983, the board was charged with grandfathering by March 1, 1984, all qualified occupational therapist and assistants who were working in the state of Texas.

Senate Bill 690 was passed by the 73rd Texas Legislature in 1993, creating the Executive Council of Physical Therapy and Occupational Therapy Examiners. The OT Board was renamed the Texas Board of Occupational Therapy Examiners (TBOTE), and the OT Title Act was changed to the Texas Occupational Therapy Practice Act. Personnel for the OT Board and the PT Board are located in the same offices, while additional staff addresses administrative responsibilities for the Executive Council and both boards.

The 1999 Texas Legislature codified the OT Practice Act and incorporated it into the Occupations Code, Chapter 454. The Occupations Code contains the enabling statutes for other licensed professions as well. The codification is intended to make the Act conform to current legal citations, terminology, and definitions, and to eliminate obsolete provisions and a number of grammatical errors.

In 2001 the Texas Legislature adopted a change to the OT Practice Act through SB 692 and HB 1919. The Act was amended again in 2009 by the 81st legislature to make changes to several sections, primarily to allow the board to determine late and restoration fees, and to allow restoration of an expired Texas license by various methods.