TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS

CHAPTER 367. CONTINUING EDUCATION

40 TAC §367.1, §367.2

The Texas Board of Occupational Therapy Examiners proposes amendments to §367.1 and §367.2, concerning continuing education and categories of education. The amendments concern changes to the definition of continuing education, the continuing education approval process, acceptable and unacceptable continuing education activities, and categories of continuing education.

The amendment to §367.1 would replace the current definition of continuing education with a new definition. In addition, the amendment would add to a provision regarding the continuing education approval process that "Licensees are responsible for choosing CE that meets requirements as per this chapter, regardless of the activity's provider or pre-approved status."

The amendment, furthermore, would add provisions regarding unacceptable activities to §367.1. Such language is based on provisions regarding unacceptable activities in the current §367.2, which as part of the proposed amendments, have been relocated to §367.1 and include further changes and additions. Such changes include the addition of language regarding that such activities are not eligible for continuing education regardless of the provider or pre-approved status. Changes also include adding language regarding courses that provide information about the work setting's philosophy, policies, or procedures or designed to educate employees about a specific work setting and courses in topics concerning professionalism or customer service to a list of unacceptable activities not eligible for continuing education. Changes to this list also include the replacement of "general management and business" and "communicable diseases" with "management and business administration" and "communicable/infectious diseases." A provision from §367.2 regarding self-promotion by program providers has also been relocated to §367.1 as part of the proposed amendment.

Concomitant with the proposed changes to §367.1, language regarding unacceptable activities and self-promotion by program providers has been struck in the proposed amendment to §367.2. The amendment to §367.2, in addition, would replace in provisions concerning academic courses that such must be "related to occupational therapy" with the requirement that such must be "from an occupational therapy program" and adds "or courses" to a related provision concerning the creation of a new academic course or courses, which is eligible for a maximum of ten hours of continuing education. In the proposed amendment, furthermore, references to the specific NBCOT Navigator™ activities that are eligible for continuing education have been removed and replaced by language referring to activities of that category that are not eligible.

The amendments include further clarifications and cleanups, as well.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the amended rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Maline has also determined that for each of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be the expansion of occupational therapy services for consumers. There will be no effect on small businesses and no anticipated economic cost to persons having to comply.

Comments on the proposed amendments may be submitted to Lea Weiss, Occupational Therapy Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701-3942 or to lea@ptot.texas.gov no later than 30 days from the date that these proposed amendments are published in the Texas Register.

The amendments are proposed under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 454 of the Occupations Code is affected by this proposal.

§367.1.Continuing Education.

(a) The Act mandates licensee participation in a continuing education program for license renewal. All activities taken to complete this requirement must meet the definition of continuing education as outlined in this section. The licensee is solely responsible for keeping accurate documentation of all continuing education activities [requirements] and for selecting continuing education as per the requirements in this chapter.

(1) Definition of Continuing Education; also known as CE. Continuing Education - Professional development activities that meet the requirements in this chapter and directly concern one or more of the following:

(A) occupational therapy practice as defined in §362.1 of this title (relating to Definitions),

(B) health conditions treated by occupational therapy,

(C) ethical or regulatory matters in occupational therapy, or

(D) occupational therapy documentation or reimbursement for occupational therapy services.

(2) Unacceptable Activities. Unacceptable professional development activities not eligible for continuing education regardless of the provider or pre-approved status include but are not limited to:

(A) Any non-instructional time frames such as breaks, meals, introductions, and pre/post testing.

(B) Business meetings.

(C) Exhibit hall attendance.

(D) Reading journals.

(E) Courses that provide information about the work setting's philosophy, policies, or procedures or designed to educate employees about a specific work setting.

(F) Courses in topics concerning professionalism or customer service.

(G) Courses such as: massage therapy, management and business administration, social work, defensive driving, water safety, team building, leadership, GRE, GMAT, MCAT preparation, reading techniques, general foreign languages, communicable/infectious diseases, patient abuse, disposal of hazardous waste, patient privacy, CPR, First Aid, HIPAA, FERPA, bloodborne pathogens, or similar courses.

(b) All licensees must complete a minimum of 30 hours of continuing education every two years during the period of time the license is current in order to renew the license and must provide this information as requested.

(c) Those renewing a license more than 90 days late must submit proof of continuing education for the renewal.

[(d) Definition of Continuing Education. Continuing education in this chapter is defined as professional development activities that are directly relevant to the profession of occupational therapy.]

(d) [(e)] Each continuing education activity may be counted only one time in two renewal cycles.

(e) [(f)] Educational activities that meet the criteria for continuing education as per this chapter that are approved or offered by the American Occupational Therapy Association or the Texas Occupational Therapy Association are pre-approved by the Board. Licensees are responsible for choosing CE that meets requirements as per this chapter, regardless of the activity's provider or pre-approved status. The Board will review its approval process and continuation thereof for educational activities by January 2005 and at least once each five-year period thereafter.

(f) Program providers are prohibited from self-promotion of programs, products, and/or services during the presentation of the program.

[(g) Licensees are responsible for choosing CE according to the provisions in this chapter.]

§367.2.Categories of Education.

Continuing education activities completed by the licensee for license renewal shall be acceptable if falling under one or more of the following categories and meeting further requirements in this chapter.

[(a)] [All continuing education activities undertaken by a licensee for renewal must comply with the definition of continuing education as outlined in §367.1 of this title (relating to Continuing Education) and shall be acceptable if falling under one or more of the following categories.]

(1) Formal academic courses from an occupational therapy program. [related to occupational therapy]

(A) Completion of course work at or through an accredited college or university shall be counted as follows: three CE hours for each credit hour of a course with a grade of A, B, C, and/or P (Pass). Thus a three-credit course counts for 9 contact hours of continuing education, no maximum. Documentation of this type of CE credit shall include a transcript from the accredited college or university.

(B) Creation of a new course or courses at or through an accredited college or university may be counted for 10 hours maximum. Proof of this type of CE shall be a letter from the Program Director.

(2) In-service educational programs, training programs, institutes, seminars, workshops, facility based courses, and conferences [in occupational therapy] with specified learning objectives. Hour for hour credit on program content only, no maximum. Documentation of this type of CE credit shall include a certificate of completion or letter of verification.

(3) Development of publications, media materials or research/grant activities per two year renewal period: Documentation of this type of CE credit shall include a copy of the actual publication or media material(s), or title page and receipt of grant proposal.

(A) Published scholarly work in a peer-review journal:

(i) Primary or second author, 15 hours maximum.

(ii) Other author, consultant, reviewer, or editor, 5 hours maximum.

(B) Grant or research proposals accepted for consideration:

(i) Principal investigator or co-principal investigator, 10 hours maximum.

(ii) Consultant or reviewer, 4 hours maximum.

(C) Published book:

(i) Primary author or book editor, 15 hours maximum.

(ii) Second or other author, 7 hours maximum.

(iii) Consultant or reviewer, 5 hours maximum.

(D) Published book chapter or monograph:

(i) Primary author, 7 hours maximum.

(ii) Second or other author, consultant, reviewer, or editor, 2 hours maximum.

(E) Author, consultant, reviewer, or editor of other practice related publications such as newsletters, blogs, and trade magazines, 2 hours maximum.

(F) Developer of practice-related or instructional materials using alternative media such as video, audio, or software programs or applications to advance the professional skills of others (not for proprietary use), 15 hours maximum.

(4) Home study courses, educational teleconferences, Internet-based courses, and video instruction, no maximum.

(A) These courses must have:

(i) Specified learning objectives;

(ii) A post-test; and

(iii) A certificate of completion.

(B) Educational teleconferences or Internet courses must reflect a pre-determined number of contact hours.

(5) Presentations by licensee: Documentation of this type of CE credit shall include a letter of verification of presentation and number of hours for the presentation or copy of organization's brochure or conference guide noting the presentation, presenter(s), type of presentation (i.e.: 2 hour poster, 3 hour workshop).

(A) Professional presentation, e.g. in-services, workshops, institutes: Any presentation counted only one time. Hour for hour credit. 10 hours maximum.

(B) Community/Service organization presentation: Any presentation counted once. Hour for hour credit. 10 hours maximum.

(6) Fieldwork Supervision: 10 hours maximum.

(A) A licensee may earn 2 contact hours for each Level 1 student supervised:

(i) 40 hours of Level 1 equals 1 hour of CE; or

(ii) 80 hours of Level 1 equals 2 hours of CE.

(B) A licensee may earn 8 contact hours for each Level 2 student supervised:

(i) 8 weeks equals 6 hours of CE; or

(ii) 12 weeks equals 8 hours of CE.

(C) A licensee may earn a maximum of 10 contact hours for fieldwork [student] supervision per renewal period.

(D) Fieldwork supervision hours may be evenly divided between licensees, not to exceed two fieldwork educators per student.

(E) Fieldwork [education] supervision must be completed before the licensee's renewal date.

(F) Documentation of this type of CE credit shall include verification provided by the school to the fieldwork educator(s) with the name of the student, level of fieldwork, school, and dates or hours of fieldwork or the signature page of the completed evaluation form. Evaluation scores and comments should be deleted or blocked out.

(7) Mentorship:

(A) Participation as a mentor or mentee for the purpose of the development of occupational therapy skills by a mentee under the guidance of a mentor skilled in a particular occupational therapy area. Both the mentor and mentee must hold a regular OT or OTA license in a state or territory of the U.S. Supervision hours as per §373.3 of this title (relating to Supervision of an Occupational Therapy Assistant) are not eligible for continuing education hours.

(B) Documentation shall include a signed mentorship agreement between a mentor and mentee that outlines specific goals and objectives and designates the plan of activities that are to be met by the mentee; the names of both mentor and mentee and their license numbers and issuing states; an activity log that corresponds to the mentorship agreement and lists dates and hours spent on each objective-based activity; a final evaluation of the outcomes of the mentorship agreement completed by the mentor; and a final evaluation of the outcomes of the mentorship agreement completed by the mentee.

(C) Participation as a Mentee: A licensee may earn one hour of CE for each 3 hours spent in activities as a mentee directly related to the achievement of goals and objectives up to a maximum of 15 CE hours.

(D) Participation as Mentor: A licensee may earn one hour of CE for each 5 hours spent in activities as a mentor up to a maximum of 10 CE hours.

(8) Participation in volunteer activities related to occupational therapy including service on a committee, board, or commission of a state occupational therapy association, AOTA, NBCOT, or TBOTE for the purpose of tangible outcomes such as official documents, publications, and official reports. Documentation of this type of CE credit shall include a copy of the actual publication or official document/report which reflects the licensee's name. Maximum of 10 contact hours.

(9) NBCOT Navigator™ Activities: Licensees may earn up to 2 contact hours of CE for the completion of [the] NBCOT Navigator activities [of Case Simulations, Balloon Match Games, Mini Practice Quizzes, and the PICO Game]. For such activities, 1 NBCOT CAU is the equivalent of .25 CE hours. Documentation of this type of CE is a certificate of completion or letter of verification. Self-reflections and self-assessments, reading list and research portal activities, professional development plans, or similar activities are not eligible for CE credit.

(10) Any deviation from the continuing education categories will be reviewed on a case by case basis by the Coordinator of Occupational Therapy or by the Continuing Education Committee. A request for special consideration must be submitted in writing a minimum of 60 days prior to expiration of the license.

[(b) Unacceptable Continuing Education Activities include but are not limited to:]

[(1) Any non-instructional time frames such as breaks, meals, introductions, and pre/post testing.]

[(2) Business meetings.]

[(3) Exhibit hall attendance.]

[(4) Reading journals.]

[(5) Courses such as: massage therapy, general management and business, social work, defensive driving, water safety, team building, leadership, GRE, GMAT, MCAT preparation, reading techniques, general foreign languages, communicable diseases, patient abuse, disposal of hazardous waste, patient privacy, CPR, First Aid, HIPAA, FERPA, bloodborne pathogens, or similar courses, do not count toward continuing education.]

[(c) Program providers are prohibited from self-promotion of programs, products, and/or services during the presentation of the program.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2017.

TRD-201700581

John P. Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Earliest possible date of adoption: March 26, 2017

For further information, please call: (512) 305-6900