OT Act & Rules                       

The current edition of the rules is posted on this page. Rules amended between editions will be posted separately on this page until a new edition is printed. The Board mails all current licensees a copy of the new edition of the complete rules when they are printed.

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 for a minimum of 30 days to allow for public review and comment. At the next board meeting the 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. The rules are printed for the second time in the Texas Register, along with a response to any comments received. The rules automatically go into effect 20 days after second posting, 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 address 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 wording change is in 454.254 which authorizes the Board to appoint a state peer organization to approve continuing education. At this time there has been no process approved. Both old and new versions can be downloaded from this page, as well as the Guide to Act Amendments which includes the complete text of the amendments made during the last legislative session.

333 Guadalupe, Suite 2-510 • Austin, TX 78701-3942 • Phone: (512) 305-6900
Fax: (512) 305-6970 or (512) 305-6951 • info@ecptote.state.tx.us