40 TAC §367.1, §367.2

The Texas Board of Occupational Therapy Examiners adopts amendments to §367.1 and §367.2, concerning continuing education and categories of education, without changes to the proposed text as published in the February 24, 2017, issue of the Texas Register (42 TexReg 741). The rules will not be republished.

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 will replace the current definition of continuing education with a new definition. In addition, the amendment will 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, will 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 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 amendment.

Concomitant with the changes to §367.1, language regarding unacceptable activities and self-promotion by program providers has been struck in the amendment to §367.2. The amendment to §367.2, in addition, will 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 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.

No comments were received regarding adoption of the amendments.

The amendments are adopted 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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2017.


John P. Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Effective date: June 1, 2017

Proposal publication date: February 24, 2017

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