Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 796
717-820 p. ; 28 cm.View a full description of this periodical.
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Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: March 1, 2022
Proposal publication date: December 3, 2021
For further information, please call: (512) 305-6962
CHAPTER 370. LICENSE RENEWAL
40 TAC 370.4
The Texas Board of Occupational Therapy Examiners adopts
new rule 40 Texas Administrative Code 370.4, concerning Ad-
ministrative Suspension and Refusal to Renew a License. The
new rule is adopted to add to the Board rules language regarding
the delegation of Board authority to certain staff to administra-
tively suspend or refuse to renew a license pursuant to Texas Oc-
cupations Code 454.255. The rule is adopted without changes
to the proposed text as published in the December 3, 2021, is-
sue of the Texas Register (46 TexReg 8232). The rule will not
be republished.
The Occupational Therapy Practice Act, Texas Occupations
Code 454.255(a), Criminal History Record information for Li-
cense Renewal, provides that "An applicant renewing a license
issued under this chapter shall submit a complete and legible
set of fingerprints for purposes of performing a criminal history
record information check of the applicant as provided by Section
454.217." Section 454.255(b) further specifies that "The board
may administratively suspend or refuse to renew the license of a
person who does not comply with the requirement of Subsection
(a)."
Rule 370.4 will specify that the Executive Director, the Exec-
utive Director's designee, or the Director of Enforcement may
administratively suspend or refuse to renew the license of a per-
son who does not comply with the requirements of the Occupa-tional Therapy Practice Act 454.217 (relating to Criminal History
Record Information for License Issuance) and 454.255 (relating
to Criminal History Record Information Requirement for License
Renewal).
No comments were received regarding adoption of the rule.
The new rule is adopted under Texas Occupations Code
454.102, Rules, which authorizes the Board to adopt rules
to carry out its duties in administering Chapter 454. The rule
is also adopted under Texas Occupations Code 454.105,
Employees; Division of Responsibilities, which authorizes the
Board to develop and implement policies that clearly separate
the policymaking responsibilities of the board and the manage-
ment responsibilities of the director and staff of the executive
council. The new rule implements Texas Occupations Code
454.255, Criminal History Record information for License
Renewal, which allows the board to administratively suspend or
refuse to renew the license of a person who does not comply
with the requirement of subsection (a) of the section.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on February 7,
2022.
TRD-202200381
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: March 1, 2022
Proposal publication date: December 3, 2021
For further information, please call: (512) 305-696247 TexReg 796 February 18, 2022
Texas Register
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/82/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.