OT Act & Rules

Act and Rules 

 
Rule Change Information: See the Proposed/Adopted tab below.
     PROPOSED RULE AMENDMENTS (New - February 2017)    
     ADOPTED RULE AMENDMENTS EFFECTIVE 3/1/2017 (New - February 2017) 

 

OT Rules - March 2017 PDF: Up-to-Date, Compiled version of the Current OT Rules

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

   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 PDF: This is the current PDF version of the OT Practice Act. 

    You may also read the current version of the Practice Act from this link.

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

 

Additional Resources:
Supervision of an OTA with a Regular License - General Overview

     This is an overview of supervision requirements in §373.3, Supervision of an Occupational Therapy Assistant.

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 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. 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. 

    For information regarding the current Sunset Process and recommended changes from the Sunset Commission including those regarding the OT Practice Act, see the following link: https://www.sunset.texas.gov/

    PROPOSED RULE AMENDMENTS (New - February 2017) 

    These are PROPOSED rule changes. 
    The current rules are in effect.

    The Board has proposed rule amendments to §367.1, Continuing Education, and §367.2, Categories of Education. The amendments concern changes to the definition of continuing education, the continuing education approval process, acceptable and unacceptable continuing education activities, and categories of continuing education.  

    The proposals have been published in the February 24, 2017 issue of the Texas Register.  

    To access notice of the proposals, which includes a brief overview, see the link below:

    Comments: Comments on the proposed amendments 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 these proposed amendments 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 AMENDMENTS EFFECTIVE 3/1/2017 (New - February 2017) 

    A rule amendment to §372.1, Provision of Services, and new rule, §374.5, Licensure of Persons with Criminal Convictions, took effect on March 1, 2017. 

    On that date, §374.5 was added to the OT Rules and the amendment to §372.1 superseded the rule section of the same name and number in the December, 2016 compiled PDF version of the rules. See the top of this page to access the updated compiled OT Rules, which lists "March, 2017" on the cover and contains these rule changes.

    Notice of the adoptions was published in the February 17, 2017, issue of the Texas Register, and as §372.1 was adopted with a change, it was republished in the issue. Note that the effective date for §374.5, Licensure of Persons with Criminal Convictions, was printed in the February 17, 2017 issue of the Texas Register incorrectly. The March 3, 2017 issue will be published with a correction regarding the actual effective date of March 1, 2017.  

    A general overview of the adopted, effective rule changes appears below; refer to the rule sections for further information

    Introduction to Adopted Amendments
    §372.1. Provision of Services.
    The amendment will clarify language in the section regarding the receipt of verbal and written referrals for occupational therapy services and clarify that with regard to medical conditions, a referral must be requested at any time during the evaluation process when necessary to ensure the safety and welfare of the client.
     
    The December 2, 2016 proposed amendment to §372.1 included the following provision in §372.1(d)(2): “If a referral is transmitted verbally, it must be documented by the authorized personnel who receives the referral.” Upon adoption, a change was made to add to the provision clarifying language defining “authorized personnel.” The addition reads: “In this section, ‘authorized personnel’ means staff members authorized by the employer or occupational therapist to receive referrals transmitted verbally.”
     
    §374.5. Licensure of Persons with Criminal Convictions.
    The new rule section §374.5 will specify the types of criminal activities that may result in denial, suspension, or revocation of a license in accordance with the Sunset Commission’s adopted recommendation that the Texas Board of Occupational Therapy Examiners adopt rules regarding such. 
     
     
    For a list of adopted amendments through 3/2017, see the PDF of the compiled current OT Rules, which lists "March, 2017" on the cover. 

     

     

     

     

     

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