OT Act & Rules

Act and Rules 

 
Rule Change Information: See the Proposed/Adopted tab below.  
      ADOPTED RULE CHANGES -  Effective September 1, 2019
      PROPOSED RULE CHANGES - New - September 2019
 
OT Rules - September 2019 PDF: Current, Compiled version of the OT Rules (see note below)

  The OT Rules may also be accessed from the Texas Administrative Code, which reflects any rule changes once they are effective.

    Note that the change in Chapter 367 to now require 24 hours of CE for license renewal supersedes a provision in §370.1 that still states that 30 hours are required. As of September 1, 2019, only 24 hours of CE are required for license renewal as stated in §367.1, Continuing Education, of the OT Rules. 

   In addition, please note that provision §370.1(b)(1) of the OT Rules, concerning the license renewal of individuals who have defaulted with the Texas Guaranteed Student Loan Corporation (TGSLC), is no longer in effect as it has been superseded by law changes from Senate Bill 37 from the 86th Regular Legislative Session. 

  Previous Rule Versions: To access previous versions of the OT Rules, click this link. Next, enter %occupational% under Agency Name and click the "Find" button. You will then be taken to a screen with the rule sections. After you have selected the desired section and are brought to that screen, select the Historical option in the upper left corner for previous versions.
 
  
OT Practice Act - September 2019 PDF: Current, Compiled version of the OT Practice Act 

  The OT Practice may also be accessed from this link.

 
Please visit the FAQs for answers to frequently asked questions regarding the OT Practice Act and Rules.

 

Additional Resources:
Supervision of an OTA with a Regular License - General Overview
OT Board's Facility Registration Program Discontinued Sept. 1, 2019
Initial Licensure - General Overview
     This is a PDF of a PowerPoint with information for applicants and new licensees; however, all licensees may use this as a resource for a general overview.
 
 
  • Occupational Therapy Act and Rules

    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. 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 printed 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 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 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 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 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. 

     

    PROPOSED RULE CHANGES - New - September 2019

    These are PROPOSED rule changes, not adopted rule changes. The current rules are in effect.

    The Texas Board of Occupational Therapy Examiners (TBOTE) has proposed amendments to §370.1, License Renewal, and proposed new rule §364.5, Recognition of Out-of-State License of Military Spouse. The proposed rule changes include removing language concerning restrictions to renewal for a licensee in default of a student loan pursuant to SB 37 and adding new rule §364.5 as required by SB 1200 of the 86th Regular Legislative Session. 

    The proposals have been published in the September 6, 2019, issue of the Texas Register, and a PDF of the proposals is available from the link below. Refer to the proposals for further information.

    OT Proposed Rules - Sept 2019

    CommentsComments on the proposed amendments and new rule may be submitted to Lea Weiss, Occupational Therapy Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701-3942 or to lea@ptot.texas.gov no later than 30 days from the date that the proposed amendments and new rule are published in the Texas Register.

    If sending comments, please include the rule number in your comment and please also write “OT Public Comment – Proposed Rules” in the subject line if sending an email.

     

    ADOPTED RULE CHANGES - New - August 2019

    The current rules may be accessed from the OT Act and Rules page. 
     
    Note: See "Additional Resources" above this tab for a general overview of the repeal of the Board's occupational therapy facility registration requirements and the discontinuation of the Board's occupational therapy facility registration program effective September 1, 2019, as referenced in the adopted amendments below. The Continuing Education page includes further resources regarding the CE changes noted below, as well. 
     
    TBOTE
     
    Amendments Effective September 1, 2019
    The Board has adopted the repeal of Chapter 376, Registration of Facilities, and adopted amendments to §362.1, Definitions; §367.1, Continuing Education; §367.2, Categories of Education; §367.3, Continuing Education Audit; §374.1, Disciplinary Actions; and §374.2, Detrimental Practice. The adopted rule changes include changes concerning continuing education, including changing the number of required continuing education hours for renewal to twenty-four hours, and changes concerning registered occupational therapy facilities, including the repeal of occupational therapy facility registration requirements pursuant to OT Act changes that take effect September 1, 2019. Amendments to §374.1 and §367.3 were adopted with changes concerning renumbering and adding the clarifying phrase "hours or" to §367.3(e) in the final sentence. The adoptions were published in the August 16, 2019, issue of the Texas Register. A PDF of the adoptions as published is also available from the link below.

    TBOTE Adopted Rule Changes - Effective September 1, 2019

     

    ECPTOTE

    Amendments Effective September 1, 2019
    The Executive Council of Physical Therapy and Occupational Therapy Examiners (ECPTOTE) has adopted without changes amendments to §651.1, Occupational Therapy Board Fees, and §651.3, Administrative Services Fees. The amendments discontinue, effective September 1, 2019, the fees associated with the application, renewal, and associated fees for occupational therapy facilities, pursuant to changes from SB 317 of the 85th Regular Legislative Session concerning the repeal of facilities registration. The adoptions were published in the August 23, 2019, issue of the Texas Register. A PDF of the adoptions as published is also available from the link below.

    ECPTOTE Adopted Rule Changes - Effective September 1, 2019

     

     

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