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