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The Texas Occupational Therapy and Physical
Therapy Acts require that facilities providing
therapy must be registered with the board, unless
exempted by law.
Consult the rules
BEFORE
you register a facility
or take any other important facility-related action.
(OT
Chapter 376,
PT Chapter 347) |
Who Must Register
If you are offering OT or PT services in a place
that is not exempt, you must register with the
board. Therapists who work in facilities that
are not exempt and not registered can be disciplined
by the board. Facilities that violate the law
can be fined.
What Is Exempt
The following types of facilities are exempt from
the registration requirement.
- Home health settings-where services are
provided in the home of the patient, whether
through a home health agency, or otherwise.
- Educational institutions-schools, colleges,
universities.
- Facilities licensed under Subtitle B, Title
4, Health and Safety Code, i.e., hospitals,
convalescent and nursing homes and related institutions (including
nursing facilities and skilled nursing facilities), ambulatory surgical centers,
birthing centers, abortion, continuing care,
personal care, and special care facilities.
You must possess a license from the Texas
Department of State Health Services (DSHS) or the Texas Department of
Aging and Disability Services (DADS) as one of these facilities to be
exempt under this provision. However, even exempted facilities
may have to register if certain conditions apply, as described below:
-
DEADLINE SET FOR REGISTRATION:
- If a hospital owns an
offsite (off-premise) outpatient facility that offers physical therapy
or occupational therapy, that facility must be registered with the
board no later than 12/31/2009. Hospitals that are licensed by DSHS under
the Health and Safety Code, Chapter 241, and provide outpatient physical
therapy or occupational therapy on the licensed hospital premises,
continue to be exempt from facility registration. However, that
licensure does not include offsite or off-premise facilities providing
outpatient PT or OT
services. See the
DSHS Health Facility
home page for more information.
- If a Nursing
Facility or Assisted Living Facility licensed by DADS provides outpatient PT or OT services,
it must register with the Board no later than 12/31/2009. DADS licenses and regulates facilities with respect to
the care and treatment of permanent residents only, and does not
regulate care provided to outpatients. If services are provided to
residents only, the facility does not need to register with the OT or PT Board.
See DADS Provider Letter 08-17 at the DADS provider resources page.
Examples of facilities that must register
- A clinic where a therapist operates a private
practice.
- A physician, chiropractor or other practitioner's
office that offers occupational or physical
therapy.
- A child or adult day care center or other
facility that does not hold a license under
Subtitle B, Title 4, Health and Safety Code.
A license under another part of state law
does not exempt a facility from registration.
- A Comprehensive Outpatient Rehabilitation
Facility (CORF), Community Mental Health Facility,
or other facility that is not licensed under
Subtitle B, Title 4, Health and Safety Code.
Medicare certification or other approval by
a funding source does not exempt a facility
from registration.
- A hospital outpatient facility that offers offsite outpatient PT or
OT services (Reference:
Sections of DSHS rules regarding what is covered in a hospital license).
- A nursing facility or assisted living facility that offers PT or OT
services to non-residents.
- Any other practice setting that does not
meet one of the requirements for exemption.
Timing
As of March 1, 2004, a facility must complete the registration process
BEFORE it can legally provide physical or occupational therapy services.
The board normally
issues a registration within several days of receiving
a complete application. (This does not take into account the time it
takes the application to reach the board, or the time it takes for the
board to mail it back to you.) If the application is incomplete, the application
will be delayed.
If a licensed therapist
provides services in the facility before the registration certificate is
up on the wall,
both the therapist and the facility are subject
to disciplinary action by the appropriate board.
Therapist in Charge
A registered facility must designate a therapist
in-charge (TIC). The therapist in charge must
hold a Texas license. The therapist in charge
must supervise the provision of occupational
or physical therapy in accordance with the Acts
and rules. The therapist in charge may be hired
by contract or may be a regular employee.
The therapist in charge is not necessarily in
charge of the business operation of the facility
but is responsible for the provision of therapy
services and for compliance with board rules.
If the therapist in charge leaves the facility, that therapist or the
facility owner must notify the board. Facilities are obliged to
notify the board of any change in the therapist
in charge within 30 days. If there is no therapist in charge, no therapy
services may be provided at that facility.
Canceling a facility registration/Closing a facility in lieu of
letting a registration expire
If registered services will no longer be provided at a facility, the
owner notify the board in writing and return the registration certificate and any
existing renewal certificates to the board. If the owner notifies
the board that the facility is no longer providing services and returns
the certificates, the owner may restore that facility's registration at a
future date by meeting the renewal requirements. No late fees will
accrue. If the owner of a facility does not notify the Board of the
facility's closing, and the facility's registration expires, late fees
will be due when the facility applies to renew the registration.
Ownership
For the purposes of facility registration, the facility owner is the person or
entity who has the right to receive the payment and the explanation of
benefits (EOB) from the payer/insurer. This is in accordance with the
definition of “owner” and “ownership interest” in Title 1, Chapter 1,
Subchapter A, Section 1.002 of the Texas Business Organization Code. It
ties the responsibility for the management of the facility to the profits
the facility makes.
In practice, this means that the Therapist in Charge is often not the
“owner” of a facility. The Therapist in Charge can be listed as the owner
of the facility only when he – or the company in which he has an ownership
interest - is the person/entity who has the right to the payment and the
EOB. Also, a contract company providing PT or OT services to a clinic can
be the owner only if it meets the same criteria. In most cases, it is easy
to identify the person or entity considered the “owner” of the facility
for registration purposes. If you have any questions about your existing
or future registration, contact the Facility Registration Department.
Change of ownership
Facility registration cannot be transferred
to a new owner. If a facility is bought, sold or ownership is otherwise
transferred, the new owner must submit a registration application, pay the
registration fee, and receive a new facility registration number. The old registration
and renewal certificates must be returned to the board.
A change of ownership occurs when:
- a sole proprietor (individual) incorporates or changes to a
partnership;
- a partnership incorporates or changes to a sole proprietor;
- a corporation dissolves and changes its status to a partnership or
sole proprietor;
- a sole proprietor (individual), partnership or corporation purchases,
sells or transfers the ownership to another individual, partnership or
corporation.
Change of Managing Officers
If there is a change of managing partners in a partnership, or managing
officers in a corporation, the owner of the facility must send the board
written notification within 30 days. Please see the rules for the
information required on managing officers.
Other requirements
A registered facility is subject to random,
on-site inspections by investigators of the
board at any reasonable time.
A registered facility must display prominently
the original Registration Certificate, the current
Renewal Certificate, and a Consumer Information
Sign to operate legally in Texas.
A Registration Certificate and/or the Renewal
Certificate is the property of the board and
must be surrendered on demand by the board.
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