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AN ACT
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relating to the licensing of occupational therapists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 454.204, Occupations Code, is amended to |
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read as follows: |
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Sec. 454.204. EDUCATIONAL REQUIREMENTS. To satisfy Section |
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454.203(a)(1): |
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(1) an applicant applying for an occupational |
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therapist license must have, from a program approved by the |
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Accreditation Council for Occupational Therapy Education, its |
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predecessor organization, or another national credentialing agency |
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approved by the board: |
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(A) a baccalaureate degree in occupational |
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therapy, if the applicant graduated before January 1, 2007; |
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(B) a certificate evidencing successful |
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completion of required undergraduate occupational therapy course |
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work awarded to persons with a baccalaureate degree that is not in |
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occupational therapy, if the applicant graduated before January 1, |
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2007; or |
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(C) a postbaccalaureate [postgraduate] degree in |
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occupational therapy; and |
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(2) an applicant applying for an occupational therapy |
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assistant license must have: |
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(A) an associate degree in occupational therapy; |
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or |
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(B) an occupational therapy assistant |
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certificate. |
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SECTION 2. Sections 454.252(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the executive council the |
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renewal fee and a late fee set by the executive council that may not |
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exceed [is equal to] one-half of the examination fee for the |
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license. If a person's license has been expired for more than 90 |
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days but less than one year, the person may renew the license by |
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paying to the executive council all unpaid renewal fees and a late |
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fee set by the executive council that may not exceed [is equal to] |
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the amount charged for examination for the license. |
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(c) A person whose license has been expired for one year or |
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longer must comply with the board's requirements and procedures to |
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reinstate the license, and pay a reinstatement fee set by the |
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executive council [may not renew the license]. If the board |
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requirements cannot be met, the [The] person may obtain a new |
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license by submitting to reexamination and complying with the |
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requirements and procedures for obtaining an original license. |
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SECTION 3. Section 454.253, Occupations Code, is amended to |
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read as follows: |
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Sec. 454.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE |
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PRACTITIONER. (a) The board may renew without reexamination the |
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expired license of a person who was licensed to practice as an |
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occupational therapist or occupational therapy assistant in this |
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state, moved to another state, [and] is currently licensed and in |
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good standing [has been in practice] in the other state, and meets |
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the board's requirements [for the two years preceding application]. |
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(b) The person must pay to the executive council a renewal |
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fee set by the executive council in an amount that may not exceed |
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[equal to] the examination fee for the license. |
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SECTION 4. Section 454.254(d), Occupations Code, is amended |
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to read as follows: |
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(d) In adopting rules under Subsection (a)(3), the board may |
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authorize license holder peer organizations in this state to |
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evaluate and approve continuing education courses in accordance |
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with the board's evaluation and approval process. [The board may
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not adopt rules implementing this subsection after January 1,
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2003.] |
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SECTION 5. The changes in law made by this Act apply only to |
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license applications and renewals filed on or after the effective |
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date of this Act. A license application or renewal filed before the |
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effective date of this Act is governed by the law in effect at the |
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time the application or renewal was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1785 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1785 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |