OT Act & Rules

Act and Rules 

 
Rule Change Information: See the Proposed/Adopted tab below.
     PROPOSED RULE AMENDMENTS - None    
     ADOPTED RULE AMENDMENTS EFFECTIVE 6/1/2017 (New - May 2017) 

 

OT Rules - June 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 - September 2017 PDF: Up-To-Date, Compiled version of the Current OT Practice Act 
 
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. 

    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. 

     

    PROPOSED RULE AMENDMENTS - None

     

    ADOPTED RULE AMENDMENTS EFFECTIVE 6/1/2017 (New - May 2017) 

    Rule amendments to §367.1, Continuing Education, and §367.2, Categories of Education, took effect 6/1/2017. 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.  

    On 6/1/2017, the amendments superseded the rule sections of the same name and number in the March, 2017 compiled PDF version of the rules.  The current, up-to-date compiled version lists "June, 2017" on the cover and contains the amendments. Read the current rules for further information. 

    Notice of the adoptions was published in the May 19, 2017, issue of the Texas Register.

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

    Introduction to Adopted Amendments
    §367.1. Continuing Education.
    §367.2. Categories of Education.

    The amendment to §367.1 replaced the current definition of continuing education with a new definition. In addition, the amendment added to a provision regarding the continuing education approval process that “Licensees are responsible for choosing CE that meets requirements as per this chapter, regardless of the activity’s provider or pre-approved status.”

    The amendment, furthermore, added provisions regarding unacceptable activities to §367.1. Such language is based on provisions regarding unacceptable activities in the current §367.2, which as part of the amendments, have been relocated to §367.1 and include further changes and additions. Such changes include the addition of language regarding that such activities are not eligible for continuing education regardless of the provider or pre-approved status. Changes also include adding language regarding courses that provide information about the work setting’s philosophy, policies, or procedures or designed to educate employees about a specific work setting and courses in topics concerning professionalism or customer service to a list of unacceptable activities not eligible for continuing education. Changes to this list also include the replacement of “general management and business” and “communicable diseases” with “management and business administration” and “communicable/infectious diseases.” A provision from §367.2 regarding self-promotion by program providers has also been relocated to §367.1 as part of the amendment.

    Related to the changes to §367.1, language regarding unacceptable activities and self-promotion by program providers has been struck in the amendment to §367.2. The amendment to §367.2, in addition, replaced in provisions concerning academic courses that such must be “related to occupational therapy” with the requirement that such must be “from an occupational therapy program” and adds “or courses” to a related provision concerning the creation of a new academic course or courses, which is eligible for a maximum of ten hours of continuing education. In the amendment, furthermore, references to the specific NBCOT Navigator™ activities that are eligible for continuing education have been removed and replaced by language referring to activities of that category that are not eligible.  

    The amendments include further clarifications and cleanups, as well.

     
    For a list of adopted amendments through 6/2017, see the PDF of the compiled current OT Rules, which lists "June, 2017" on the cover. 

     

     

     

     

     

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