TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS

CHAPTER 369. DISPLAY OF LICENSES

40 TAC §369.2

The Texas Board of Occupational Therapy Examiners adopts amendments to §369.2, concerning changes of name or address, without changes to the proposed text as published in the March 8, 2019, issue of the Texas Register (44 TexReg 1277). The rule will not be republished.

The amendments are adopted to remove the requirement that an occupational therapy assistant with a regular license notify the Board of supervisor changes and to add language regarding the address of record to the section.

In the amendments, a provision concerning the requirement that a licensee or applicant notify the Board of changes of supervisor has been revised. In the current rule, licensees and applicants are required to notify the Board of changes of supervisor within 30 days. In the amendments, this has been revised to require instead that only applicants and temporary licensees notify the Board of changes of supervisor.

The repeal of §373.3, concerning supervision of an occupational therapy assistant, has also been adopted and submitted to the Texas Register for publication. The repeal of such will remove the requirement that an occupational therapy assistant with a regular license submit supervisor information on the Occupational Therapy Assistant Supervision form.

The amendments also include the addition of a provision concerning the address of record of a licensee or applicant; the address of record is the physical address that will be provided to the public. Information concerning the address of record currently appears in other sections of the OT Rules. The provision is being added to §369.2 as the section concerns changes to a licensee's or applicant's address information.

No comments were received regarding adoption of §369.2.

The amendments are adopted under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 6, 2019.

TRD-201901322

John P. Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: June 1, 2019

Proposal publication date: March 08, 2019

For further information, please call: (512) 305-6900


CHAPTER 372. PROVISION OF SERVICES

40 TAC §372.1, §372.2

The Texas Board of Occupational Therapy Examiners adopts amendments to §372.1, concerning provision of services, and §372.2, concerning general purpose occupation-based instruction, without changes to the proposed text as published in the March 8, 2019, issue of the Texas Register (44 TexReg 1278). The rules will not be republished.

The amendments are adopted to clean up and clarify the sections and to add clarifying language to §372.1, regarding the transmission of a medical referral.

Cleanups and clarifications to §372.1 include changes to provisions regarding an occupational therapist's delegation of the collection of data for an evaluation and the delegation of tasks. In the amendments to such provisions, references to a temporary licensee have been removed as the references to an occupational therapy assistant therein already refer to both an occupational therapy assistant with a regular or temporary license.

The amendments also include language clarifying that when a referral is required for the provision of occupational therapy services, such may be transmitted by an occupational therapy plan of care, developed according to the requirements of the section, that is signed by the licensed referral source.

The amendments, in addition, include a clarification of a requirement regarding the inclusion of an occupational therapist's name in the intervention note.

The amendments to §372.1 include further cleanups and clarifications.

The amendments, additionally, include a change to §372.2 to strike a reference to the supervision requirements in §373.3 because the repeal of §373.3, concerning supervision of an occupational therapy assistant, has also been adopted and submitted to the Texas Register for publication.

No comments were received regarding adoption of §372.1 and §372.2.

The amendments are adopted under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 6, 2019.

TRD-201901324

John P. Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: June 1, 2019

Proposal publication date: March 8, 2019

For further information, please call: (512) 305-6900


CHAPTER 373. SUPERVISION

40 TAC §373.3

The Texas Board of Occupational Therapy Examiners adopts the repeal of §373.3, concerning supervision of an occupational therapy assistant, without changes to the proposed text as published in the March 8, 2019, issue of the Texas Register (44 TexReg 1280). The rule will not be republished.

The repeal of §373.3 will remove from the OT Rules the supervision requirements in that section, which concern the supervision of an occupational therapy assistant with a regular license. Such requirements include that an occupational therapy assistant must submit the Supervision of an Occupational Therapy Assistant form with the employer information and name and license number of one of the occupational therapists working for the employer who will be providing supervision. The repeal will also remove from the OT Rules requirements concerning the Supervision Log and requirements that occupational therapy assistants with a regular license receive frequent communication supervision and interactive supervision from occupational therapists. The Board determined that the provisions to be repealed contained unnecessary paperwork requirements that took time away from patient care and unnecessarily limited occupational therapy assistants' practice.

The repeal of §373.3 will not remove all requirements concerning the supervision of an occupational therapy assistant with a regular license from the OT Rules as requirements regarding supervision appear in other rule sections. Section 372.1(g), Documentation, requires that in each intervention note, the occupational therapy assistant must include the name of an occupational therapist who is readily available to answer questions about the client's intervention at the time of the provision of services and that the occupational therapy assistant may not provide services unless this requirement is met. Section 372.1(f)(10) requires that an occupational therapist may only delegate to an occupational therapy assistant tasks that both agree are within the occupational therapy assistant's competence.

Changes to §369.2, concerning changes of name or address, have also been adopted and submitted to the Texas Register for publication. Changes to that section include the removal of requirements concerning the submission of supervisor information by an occupational therapy assistant with a regular license.

The Board received comments regarding adopting the repeal of §373.3 from seven individuals.

Two commenters, one an occupational therapist and the other an occupational therapy assistant, noted the value of the Board's repeal of the supervision requirements in §373.3, including that such could streamline requirements for the supervision of an occupational therapy assistant and would allow increased focus on direct patient care.

The Board agreed with these comments and made no changes to the repeal based on the comments.

Five commenters, all occupational therapists, opposed the repeal of §373.3. These commenters noted concerns that the repeal could result in the following: increased demand by employers that occupational therapists supervise a greater number of occupational therapy assistants; an increase in client loads for occupational therapy assistants; a lack of communication between the occupational therapist and occupational therapy assistant; a decrease in collaboration between the occupational therapist and occupational therapy assistant; and/or negative consequences for patient care. Some commenters noted, in addition, concerns regarding the possible effect of the repeal of §373.3 on occupational therapy assistants in schools, in particular that the repeal may result in fewer occupational therapists in the school setting, and demand for occupational therapy assistants to serve more students, resulting in decreased student outcomes.

The Board disagrees with the comments and declines to withdraw the proposed repeal or make other changes to the rule section in response to the comments. The Board noted that, pursuant to the Occupational Therapy Rules, the occupational therapist is responsible for determining how many occupational therapy assistants she can supervise, and the occupational therapist is responsible for the plan of care and all amendments thereto. Also, the supervising occupational therapist may only delegate to an occupational therapy assistant tasks that they both agree are within the competency level of that occupational therapy assistant. The Occupational Therapy Rules require that when providing services, the occupational therapy assistant must have an occupational therapist who is readily available to answer questions about the client's intervention at the time of the provision of services and that the occupational therapy assistant may not provide services unless this requirement is met. Furthermore, occupational therapy practitioners may choose to engage in supervision, communication, and collaboration beyond what the Occupational Therapy Rules require.

The repeal is adopted under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 6, 2019.

TRD-201901327

John P. Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: June 1, 2019

Proposal publication date: March 8, 2019

For further information, please call: (512) 305-6900