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