Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012 Page: 69
84 p. ; 28 cm.View a full description of this periodical.
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Filed with the Office of the Secretary of State on December 20,
2011.
TRD-201105763
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: January 9, 2012
Proposal publication date: October 14, 2011
For further information, please call: (512) 305-6900
CHAPTER 370. LICENSE RENEWAL
40 TAC 370.3
The Texas Board of Occupational Therapy Examiners adopts
an amendment to 370.3, concerning Restoration of a Texas Li-
cense, without changes to the proposed text as published in the
October 14, 2011, issue of the Texas Register (36 TexReg 6887)
and will not be republished.
The amendment clarifies when the license needs to be restored,
as opposed to late renewal.
No comments were received regarding adoption of the amend-
ment.
The amendment is adopted under the Occupational Therapy Act,
Title 3, Subtitle H, Chapter 454, Occupations Code, which pro-
vides the Texas Board of Occupational Therapy Examiners with
the authority to adopt rules consistent with this Act to carry out
the duties in administering this Act.
Title 3, Subtitle H, Chapter 454 of the Occupations Code is af-
fected by this amended section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December 20,
2011.
TRD-201105764
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: January 9, 2012
Proposal publication date: October 14, 2011
For further information, please call: (512) 305-6900
CHAPTER 372. PROVISION OF SERVICES
40 TAC 372.1
The Texas Board of Occupational Therapy Examiners adopts an
amendment to 372.1, concerning Provision of Services, without
changes to the proposed text as published in the October 14,
2011, issue of the Texas Register (36 TexReg 6888) and will not
be republished.
The amendment uses the word "intervention" to replace the
word "treatment", as much of occupational therapy practice is
not medical. The amendment also adds a new subsection on
documentation; allows evaluation before the medical referral isreceived; and clarifies an occupational therapist's responsibility
for writing the discharge.
The Board received one public comment regarding adoption of
this amendment, specifically to subsection (f) Documentation.
The commentator was concerned that the wording of the rule
means that the Board expects the plan of care to be a literal
collection of the documents listed in the rule, kept together as a
physical file in the therapist's possession. Many therapists do not
keep hard copies of the documents listed in the rule. The com-
mentator also suggested that the words "progress notes" can be
eliminated, since the commentator assumed a progress note to
be the same thing as "...the documentation of each intervention
session by the OT or OTA providing the service...."
The Board thinks there are many ways to interpret the term
"progress notes," which are distinctly different from daily notes,
and occur in many formats such as weekly progress notes,
60-day progress notes, and 6-month reviews or updates that
occur for each grading period. Consequently the Board does
not think the term "progress note" is redundant in the rule. As for
the commentator's first point, the Board does not expect the li-
censee to carry around all the documentation for a client/patient.
However, the Board expects all documentation to become part
of the client/patient's file, whether in hard copy or in electronic
form.
The amendment is adopted under the Occupational Therapy Act,
Title 3, Subtitle H, Chapter 454, Occupations Code, which pro-
vides the Texas Board of Occupational Therapy Examiners with
the authority to adopt rules consistent with this Act to carry out
the duties in administering this Act.
Title 3, Subtitle H, Chapter 454 of the Occupations Code is af-
fected by this amended section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December 20,
2011.
TRD-201105765
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: January 9, 2012
Proposal publication date: October 14, 2011
For further information, please call: (512) 305-6900
CHAPTER 373. SUPERVISION
40 TAC 373.3
The Texas Board of Occupational Therapy Examiners adopts an
amendment to 373.3, concerning Supervision of a Licensed
Occupational Therapy Assistant, without changes to the pro-
posed text as published in the October 14, 2011, issue of the
Texas Register (36 TexReg 6889) and will not be republished.
The amendment allows the Board to audit the occupational ther-
apy assistants' Supervision Logs.
No comments were received regarding adoption of the amend-
ment.January 6, 2012 37 TexReg 69
ADOPTED RULES
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Texas. Secretary of State. Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012, periodical, January 6, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215965/m1/68/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.