The current OT Rules* may also be accessed from the Texas Administrative Code, which reflects any rule changes once they are effective.
The OT Practice Act may also be accessed from this link.
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. 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 to the Executive Council of Physical Therapy and Occupational Therapy Examiners for review. If approved by the Executive Council, they are published in the Texas Register. Comments on the proposed amendments may be submitted no later than 30 days from the date that the proposals are published in the Texas Register.
At the next board meeting, the board 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. Notice of the adopted rules is published in the Texas Register, along with a response to any comments received. The rules automatically go into effect 20 days after notice of the amendments is filed, unless otherwise stated. In general, the whole rulemaking process takes approximately four to six 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 therapists and occupational therapy 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 address 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 was 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 the restoration of an expired Texas license by various methods. In 2011, the Act was amended by the 82nd legislature to revise the date in the section Application of Sunset Act from 2013 to 2017.
In 2017, the 85th Legislature passed a Sunset Bill during the regular session. This bill, SB 317, continued ECPTOTE and the OT and PT Boards until their next scheduled Sunset Review in 2029. Further changes were made to the OT Practice Act including to remove language specifying the level of degree an individual must hold in order to be eligible for licensure to instead refer to entry-level degree requirements, update references to NBCOT and the initial certification examination, and add requirements regarding policies and procedures. Additional changes from SB 317 became effective in 2019, including the discontinuation of the Board’s occupational therapy facility registration program.
The following concerns PROPOSED rule changes, not adopted rule changes. The current rules are in effect.
The Texas Board of Occupational Therapy Examiners has proposed amendments concerning continuing education requirements to §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit.
Notice of the proposals has been published in the February 23, 2024, issue of the Texas Register, and a PDF of such is also available from the link below.
TBOTE Proposed Rules – Feb. 2024
Comments: Comments on the proposed amendments may be submitted in writing to Lea Weiss, Occupational Therapy Coordinator, Texas Board of Occupational Therapy Examiners, 1801 Congress Ave Ste 10.900, Austin, Texas 78701 or to lea@ptot.texas.gov within 30 days following the publication of this notice in the Texas Register.
It is requested when sending a comment that individuals include the rule section to which the comment refers and that comments sent by email include “Public Comment” in the email’s subject line.
Please note:
What follows is a summary of the proposed amendments to §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit. Refer to additional information on this page and the full preambles for the changes, including further information and the text of the changes.
The proposed amendments concern the following continuing education (CE) changes:
Traducción Española (creado con Google Translate)
Tenga en cuenta:
Lo que sigue es un resumen de las enmiendas propuestas a §367.1, Continuing Education; §367.2, Categories of Education; y §367.3, Continuing Education Audit. Consulte información adicional en esta página y los preámbulos completos de los cambios, incluida más información y el texto de los cambios. Las enmiendas propuestas se refieren a los siguientes cambios en la educación continua (CE):
The Texas Board of Occupational Therapy Examiners has filed notice of its intent to review the following chapters of Title 40, Part 12 of the Texas Administrative Code: Chapter 361, Statutory Authority; Chapter 362, Definitions; Chapter 363, Consumer/Licensee Information; Chapter 364, Requirements for Licensure; Chapter 367, Continuing Education; Chapter 368, Open Records; Chapter 369, Display of Licenses; Chapter 370, License Renewal; Chapter 371, Inactive and Retired Status; Chapter 372, Provision of Services; Chapter 373, Supervision; Chapter 374, Disciplinary Actions/Detrimental Practice/Complaint Process/Code of Ethics/Licensure of Persons with Criminal Convictions; and Chapter 375, Fees. The review is conducted in accordance with Texas Government Code §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During the review, the Board will assess whether the reasons for initially adopting the rules continue to exist.
Comments on the review may be submitted to Lea Weiss, Occupational Therapy Coordinator, Texas Board of Occupational Therapy Examiners, 1801 Congress Ave Ste 10.900, Austin, Texas 78701 or to lea@ptot.texas.gov within 30 days following the publication of this notice in the Texas Register. It is requested when sending a comment that individuals include the rule section to which the comment refers and that comments sent by email include “Public Comment” in the email’s subject line.
Any proposed changes to these rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption.
Notice of the proposed rule review has been published in the February 23, 2024, issue of the Texas Register, and a PDF of such is also available from the link below.
TBOTE Proposed Rule Review – Feb. 2024
See information on the Agency Publications page regarding ECPTOTE’s proposed rule review.
ECPTOTE • 1801 Congress Ave Ste 10.900 • Austin, TX 78701 • Phone: (512) 305-6900
ptot.texas.gov • Contact Us • Sitemap
Texas.gov | Texas Homeland Security | TRAIL | Texas Veterans Portal | TX Occupations Code | Where the Money Goes
Search TX State Sites | SAO Fraud Reporting | Poison Control Center | Governor’s Committee on People with Disabilities