2005 Texas Occupations Code CHAPTER 452. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS

OCCUPATIONS CODE

CHAPTER 452. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL 
THERAPY EXAMINERS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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 Texas Board of 
Physical Therapy Examiners.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 the following laws expire September 1, 
2009:
		(1)  this chapter;                                                            
		(2)  Chapter 453;  and                                                        
		(3)  Chapter 454.                                                             

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1112, § 3.06, eff. Sept. 1, 2003.

SUBCHAPTER B. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND 
OCCUPATIONAL THERAPY EXAMINERS


	§ 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 therapy board 
appointed by that board;
		(3)  a physical therapist member of the physical 
therapy board appointed by that board;
		(4)  a public member of the physical therapy board 
appointed by that board;  and
		(5)  a public member appointed by the governor.                               
	(b)  The occupational therapy board and the physical therapy 
board may designate an alternate to attend an executive council 
meeting if a member appointed by that board cannot attend.  The 
alternate has the same powers and duties and is subject to the same 
qualifications as the appointed member.
	(c)  Appointments to the executive council shall be made 
without regard to the race, color, disability, sex, religion, age, 
or national origin of the appointee.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 agency in the field of health care;
		(2)  is employed by or participates in the management 
of a business entity or other organization regulated by or 
receiving funds from the executive council, the occupational 
therapy board, or the physical therapy board;
		(3)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization regulated by or receiving funds from the executive 
council, the occupational therapy board, or the physical therapy 
board;  or
		(4)  uses or receives a substantial amount of tangible 
goods, services, or funds from the executive council, the 
occupational therapy board, or the physical therapy board, other 
than compensation or reimbursement authorized by law for executive 
council, occupational therapy board, or physical therapy board 
membership, attendance, or expenses.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 452.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a) In 
this section, "Texas trade association" means a nonprofit, 
cooperative, and voluntarily joined association of business or 
professional competitors in this state designed to assist its 
members and its industry or profession in dealing with mutual 
business or professional problems and in promoting their common 
interest.
	(b)  An officer, employee, or paid consultant of a Texas 
trade association in the field of health care may not be a member of 
the executive council and may not be an employee of the executive 
council who is exempt from the state's position classification plan 
or is compensated at or above the amount prescribed by the General 
Appropriations Act for step 1, salary group A17, of the position 
classification salary schedule.
	(c)  A person who is the spouse of an officer, manager, or 
paid consultant of a Texas trade association in the field of health 
care may not be a member of the executive council and may not be an 
employee of the executive council who is exempt from the state's 
position classification plan or is compensated at or above the 
amount prescribed by the General Appropriations Act for step 1, 
salary group A17, of the position classification salary schedule.
	(d)  A person may not serve as a member of the executive 
council or act as the general counsel to the executive council if 
the person is required to register as a lobbyist under Chapter 305, 
Government Code, because of the person's activities for 
compensation on behalf of a profession related to the operation of 
the executive council, the occupational therapy board, or the 
physical therapy board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 452.055. PRESIDING OFFICER.  The member appointed by 
the governor is the presiding officer of the executive council.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 appointment the 
qualifications required by Section 452.051;
		(2)  does not maintain during service on the executive 
council the qualifications required by Section 452.051;
		(3)  violates a prohibition established by Section 
452.053;                 
		(4)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term;  or
		(5)  is absent from more than half of the regularly 
scheduled executive council meetings that the member is eligible to 
attend during a calendar year unless the absence is excused by 
majority vote of the executive council.
	(b)  The validity of an action of the executive council is 
not affected by the fact that it is taken when a ground for removal 
of an executive council member exists.
	(c)  If the director has knowledge that a potential ground 
for removal exists, the director shall notify the presiding officer 
of the executive council of the potential ground.  The presiding 
officer shall then notify the authority that appointed the member 
that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 executive council, other than the 
presiding officer, may not receive compensation for service on the 
executive council.  A member may receive reimbursement for 
transportation expenses as provided by the General Appropriations 
Act.  A member may not receive reimbursement for any other travel 
expenses, including expenses for meals and lodging.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 quorum of the executive council exists if both 
therapist members and one public member are present.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER C. DIRECTOR AND OTHER EXECUTIVE COUNCIL PERSONNEL


	§ 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 employ a coordinator of occupational 
therapy programs and a coordinator of physical therapy programs to 
carry out the functions of the respective boards.  The coordinators 
may request the executive council to assign additional employees to 
carry out the duties of the coordinators.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 452.102. DIVISION OF RESPONSIBILITIES.  The executive 
council shall develop and implement policies that clearly define 
the respective responsibilities of the executive council and the 
staff of the executive council.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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)  The director or the director's designee shall develop a 
system of annual performance evaluations that are based on 
documented employee performance.  All merit pay for executive 
council employees must be based on the system established under 
this subsection.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 regard to race, color, disability, 
sex, religion, age, or national origin.  The policy statement must 
include:
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, application, training, and 
promotion of personnel that are in compliance with the requirements 
of Chapter 21, Labor Code;
		(2)  a comprehensive analysis of the executive council 
workforce that meets federal and state guidelines;
		(3)  procedures by which a determination can be made of 
significant underuse in the executive council workforce of all 
persons for whom federal or state guidelines encourage a more 
equitable balance;  and
		(4)  reasonable methods to appropriately address those 
areas of underuse.   
	(b)  A policy statement prepared under Subsection (a) must:                    
		(1)  cover an annual period;                                                  
		(2)  be updated annually;                                                     
		(3)  be reviewed by the Texas Commission on Human 
Rights for compliance with Subsection (a)(1);  and
		(4)  be filed with the governor.                                              
	(c)  The governor shall deliver a biennial report to the 
legislature based on the information received under Subsection (b).  
The report may be made separately or as part of other biennial 
reports to the legislature.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER D. POWERS AND DUTIES


	§ 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 therapy board, and the physical therapy 
board;  and
		(2)  manage all physical property used by the executive 
council, the occupational therapy board, or the physical therapy 
board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 executive council shall perform the administrative 
functions relating to issuing and renewing licenses, including:
		(1)  the administration of written examinations and 
collection of fees;  and
		(2)  the ministerial functions of preparing and 
delivering licenses, obtaining material and information in 
connection with the renewal of a license, and receiving and 
forwarding complaints to the appropriate board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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)  The administration of practical examinations and other 
examinations requiring skill or expertise in a particular area on 
the part of the person administering the examination is the 
responsibility of the appropriate board.  The selection of 
standardized national or generally accepted examinations for a 
profession or the design of individual examinations is the 
responsibility of the appropriate board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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 rule for submission for publication unless the rule 
exceeds the rulemaking authority of the board.
	(c)  If the executive council fails to approve a rule, it 
shall return the rule to the board with an explanation of the 
reasons for the denial.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 to produce 
an efficient and thorough review.
	(c)  Each board represented on the executive council shall 
cooperate with the examination conducted by the executive council 
under this section.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 452.159. ANNUAL REPORTS.  (a) The executive council 
shall file annually with the governor and the presiding officer of 
each house of the legislature a complete and detailed written 
report accounting for all funds received and disbursed by the 
executive council during the preceding fiscal year.  The report 
must be in the form and reported in the time provided by the General 
Appropriations Act.
	(b)  The executive council shall prepare a report of its 
activities and file the report before January 1 of each 
odd-numbered year with the presiding officer of each house of the 
legislature, the governor, and the Legislative Budget Board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES


	§ 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 therapy board, or the physical 
therapy board.
	(b)  The executive council shall make the information 
available to the public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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.  The executive council may provide for that 
notice:
		(1)  on each registration form, application, or written 
contract for services of a person regulated by the executive 
council, the occupational therapy board, or the physical therapy 
board;
		(2)  on a sign prominently displayed in the place of 
business of each person regulated by the executive council, the 
occupational therapy board, or the physical therapy board;  or
		(3)  in a bill for service provided by a person 
regulated by the executive council, the occupational therapy board, 
or the physical therapy board.
	(b)  The executive council shall list with its regular 
telephone number any toll-free telephone number established under 
other state law for presenting a complaint about a health 
professional.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 executive council shall prepare and maintain a 
written plan that describes how a person who does not speak English 
can be provided reasonable access to the executive council's 
programs and services.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.