Title OC, Occupations Code

Sec. 451.151. LICENSE REQUIRED. A person may not hold the person out as an athletic trainer or perform any activity of an athletic trainer unless the person holds a license under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 451.152. LICENSE APPLICATION. An applicant for an athletic trainer license must submit to the department: (1) an application in the manner and on a form prescribed by the executive director; and (2) the required examination fee. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Se…

Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant for an athletic trainer license must: (1) have met the athletic training curriculum requirements of a college or university approved by the commission and give proof of graduation; or (2) hold a degree or certificate in phy…

Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An applicant for an athletic trainer license is entitled to receive the license if the applicant: (1) satisfies the requirements of Section 451.153; (2) passes the examination required by the department; and (3) pays the required l…

Sec. 451.157. TEMPORARY LICENSE. (a) The department may issue a temporary license to an applicant if the applicant satisfies: (1) the requirements of Section 451.153; and (2) any other requirement established by the commission. (b) The commission by rule shall prescribe the time …

Sec. 451.201. LICENSE EXPIRATION; RENEWAL. (a) A license issued under Section 451.156 expires on the second anniversary of the date of issuance and may be renewed biennially. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(140), eff. September 1, 2015. Acts 1999,…

Sec. 452.001. DEFINITIONS. In this chapter: (1) "Executive council" means the Executive Council of Physical Therapy and Occupational Therapy Examiners. (2) "Occupational therapy board" means the Texas Board of Occupational Therapy Examiners. (3) "Physical therapy board" means the…

Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive Council of Physical Therapy and Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and t…

Sec. 452.051. APPOINTMENT OF EXECUTIVE COUNCIL. (a) The Executive Council of Physical Therapy and Occupational Therapy Examiners consists of: (1) an occupational therapist member of the occupational therapy board appointed by that board; (2) a public member of the occupational th…

Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory age…

Sec. 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession …

Sec. 452.054. TERMS; VACANCY. (a) Members of the executive council are appointed for two-year terms that expire on February 1 of each odd-numbered year. (b) A member appointed to fill a vacancy holds office for the unexpired portion of the term. Acts 1999, 76th Leg., ch. 388, Sec…

Sec. 452.055. PRESIDING OFFICER. The member appointed by the governor is the presiding officer of the executive council. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 452.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the executive council that a member: (1) does not have at the time of taking office the qualifications required by Section 452.051; (2) does not maintain during service on the executive council the qualificati…

Sec. 452.057. COMPENSATION; REIMBURSEMENT. (a) The presiding officer of the executive council is entitled to a per diem as provided by the General Appropriations Act for each day that the presiding officer engages in the business of the executive council. (b) A member of the exec…

Sec. 452.058. MEETINGS; QUORUM. (a) The executive council shall hold at least two regular meetings each year. (b) The executive council may hold additional meetings on the request of the presiding officer or on the written request of three members of the executive council. (c) A …

Sec. 452.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the executive council may not vote, deliberate, or be counted as a member in attendance at a meeting of the executive council until the person completes a training program that compli…

Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive council shall employ a director and administrative and clerical employees as necessary to carry out the functions of the executive council, the occupational therapy board, and the physical therapy board. (b) The director shall …

Sec. 452.102. DIVISION OF RESPONSIBILITIES. The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the director and the staff of the executive council. Acts…

Sec. 452.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The director or the director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry level positions concurrently with any public posting. (b) …

Sec. 452.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without…

Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as otherwise provided by this chapter, the executive council shall administer and enforce Chapters 453 and 454. (b) The executive council shall: (1) develop and prepare a budget for the executive council, the occupational therap…

Sec. 452.152. ADMINISTRATIVE FUNCTIONS. (a) In administering Chapters 453 and 454, the executive council shall: (1) perform data processing functions; and (2) administer records relating to payroll, personnel files, and employee leave, benefits, and applications. (b) The executiv…

Sec. 452.153. LIMITATION ON EXECUTIVE COUNCIL AUTHORITY. (a) The executive council may not exercise discretionary authority in the review of an applicant's qualifications for a license. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 1.08, eff. September 1, 2…

Sec. 452.154. FEES. The executive council shall set all fees for a license issued or service performed by a board represented on the executive council. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 452.155. RULES. Subject to Section 452.156, the appropriate professional board shall adopt rules concerning the qualifications, licensing, regulation, or practice of a profession. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 452.156. REVIEW OF RULES. (a) Before submitting a rule for publication in the Texas Register, a board represented on the executive council shall forward the proposed rule to the executive council for review. (b) The executive council may review the rule and shall approve the…

Sec. 452.157. REVIEW OF BOARDS. (a) The executive council shall routinely examine and evaluate the operations of the boards represented on the executive council. (b) The executive council may structure the examination in a manner that the executive council considers appropriate t…

Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council may authorize from its appropriated funds all necessary disbursements to carry out: (1) this chapter; (2) Chapter 453; and (3) Chapter 454. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 452.160. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The executive council shall develop a policy to encourage the use of: (1) negotiated rulemaking under Chapter 2008, Government Code, for the adoption of rules by the executive council or the occupational the…

Sec. 452.201. PUBLIC INTEREST INFORMATION. (a) The executive council shall prepare information of public interest describing the functions of the executive council and the procedures by which complaints are filed with and resolved by the executive council, the occupational therap…

Sec. 452.202. COMPLAINTS. (a) The executive council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the executive council for the purpose of directing complaints to the executive council.…

Sec. 452.203. PUBLIC PARTICIPATION. (a) The executive council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council and to speak on any issue under the jurisdiction of the executive council. (b) The execu…

Sec. 453.001. DEFINITIONS. In this chapter: (1) "Board" means the Texas Board of Physical Therapy Examiners. (2) "Coordinator of physical therapy programs" is the person employed in that position under Section 452.101. (3) "Executive council" means the Executive Council of Physic…

Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of Physical Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033. Acts…

Sec. 453.003. CONFLICT WITH OTHER LAW. To the extent of any conflict between this chapter and Chapter 452, Chapter 452 controls. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 453.004. EFFECT OF CHAPTER; APPLICABILITY. (a) This chapter does not restrict the holder of a license issued by another state agency from performing health care services within the scope of the applicable licensing act if the license holder: (1) does not represent to another…

Sec. 453.005. PRACTICE OF PHYSICAL THERAPY. (a) The practice of physical therapy requires that a person practicing have education, training, and experience in physical therapy. (b) The practice of physical therapy includes: (1) measurement or testing of the function of the muscul…

Sec. 453.006. PRACTICE OF MEDICINE. (a) A person may not engage in diagnosing diseases or in practicing medicine as defined by law on the basis of a license issued under this chapter. (b) A person may not use an affix indicating or implying that the person is a physician on the b…

Sec. 453.051. BOARD MEMBERSHIP. (a) The Texas Board of Physical Therapy Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six physical therapist members; and (2) three members who represent the public. (b) Appoi…

Sec. 453.052. PURPOSE OF BOARD. The board shall regulate the practice of physical therapy in this state to safeguard the public health and welfare. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 453.053. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is employed by o…

Sec. 453.054. MEMBERSHIP RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing wi…

Sec. 453.055. TERMS; VACANCY. (a) Members of the board serve staggered six-year terms with the terms of two physical therapist members and one public member expiring January 31 of each odd-numbered year. (b) If a vacancy occurs during a member's term, the governor shall appoint a…

Sec. 453.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications required by Section 453.051(a); (2) does not maintain during service on the board the qualifications required by Secti…

Sec. 453.057. PER DIEM REIMBURSEMENT. (a) A member of the board is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the business of the board. (b) A member may receive reimbursement for meals, lodging, and transportation expenses …