Tex. Occ. Code Section 454.005
Applicability


(a)

This chapter does not apply to a holder of a license issued by another state agency who is performing health care services within the scope of the applicable licensing act.

(b)

The licensing provisions of this chapter do not apply to:

(1)

an occupational therapy aide assisting a license holder under this chapter;

(2)

a person engaged in a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if:

(A)

the activities and services constitute a part of a supervised course of study; and

(B)

the person is designated by a title that clearly indicates the person’s status as a student or trainee;

(3)

a person fulfilling the supervised field work experience requirements of Section 454.203 (Qualifications for Occupational Therapist or Occupational Therapy Assistant License), if those activities and services constitute a part of the experience necessary to meet the requirement of that section;

(4)

an occupational therapist performing a special project in patient care while working toward an advanced degree from an accredited college or university;

(5)

an occupational therapist or occupational therapy assistant who does not live in this state and who:

(A)

is licensed by another state or who meets the requirements for certification established by the National Board for Certification in Occupational Therapy as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA); and

(B)

comes into this state for not more than four consecutive months to:
(i)
provide or attend an educational activity;
(ii)
assist in a case of medical emergency; or
(iii)
engage in a special occupational therapy project; or

(6)

a qualified and properly trained person acting under a physician’s supervision under Section 157.001 (General Authority of Physician to Delegate).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 4.02, eff. September 1, 2017.

Source: Section 454.005 — Applicability, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­454.­htm#454.­005 (accessed May 11, 2024).

454.001
Short Title
454.002
Definitions
454.003
Application of Sunset Act
454.004
Conflict with Other Law
454.005
Applicability
454.006
Practice of Occupational Therapy
454.007
Use of Title of Doctor
454.051
Board Membership
454.052
Public Member Eligibility
454.053
Membership Restrictions
454.054
Terms
454.055
Grounds for Removal
454.056
Per Diem
454.057
Officers
454.058
Meetings
454.059
Training
454.060
Civil Liability
454.101
General Powers and Duties
454.102
Rules
454.103
Rules Regarding Advertising or Competitive Bidding
454.104
Fees
454.105
Employees
454.106
List of License Holders
454.107
Board Duties Regarding Complaints
454.108
Negotiated Rulemaking
454.151
Public Interest Information
454.152
Record of Complaints
454.153
General Rules Involving Complaint Investigation and Disposition
454.154
Public Participation
454.201
License Required
454.202
Application
454.203
Qualifications for Occupational Therapist or Occupational Therapy Assistant License
454.204
Educational Requirements
454.205
Foreign-trained Applicants
454.207
License Examination
454.210
Provisional License
454.211
Temporary License
454.212
Inactive Status
454.213
Accepted Practice
454.214
Display of License and Renewal Certificate
454.216
License by Endorsement
454.217
Criminal History Record Information for License Issuance
454.251
License Expiration
454.252
Renewal of License
454.253
Renewal of Expired License by Out-of-state Practitioner
454.254
Mandatory Continuing Education
454.255
Criminal History Record Information Requirement for License Renewal
454.301
Grounds for Denial of License or Discipline of License Holder
454.302
Procedures for Disciplinary Action
454.303
Issuance of License After Denial
454.304
Informal Proceedings
454.305
Emergency Suspension
454.306
Subpoena
454.351
Injunctive Relief
454.352
Monitoring of License Holder
454.353
Civil Penalty
454.354
Recovery of Costs and Fees
454.355
Criminal Offense
454.1061
Place of Employment
454.3025
Schedule of Sanctions
454.3521
Administrative Penalty

Accessed:
May 11, 2024

§ 454.005’s source at texas​.gov