Texas Register August 29, 2025 Volume: 50 Number: 35

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Texas Board of Occupational Therapy Examiners

Proposed Rules Re:

Amending 40 TAC §361.1, to cleanup the section by replacing outdated references.

CHAPTER 361. STATUTORY AUTHORITY
40 TAC §361.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §361.1. Statutory Authority. The amendments cleanup the section.

BACKGROUND AND JUSTIFICATION

The amendments to the section concern cleanups, including to replace, with regard to the location of the Board’s practice act, an outdated reference to the Texas Civil Statutes with one to the Texas Occupations Code, the latter which is the current location of such.

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Amending 40 TAC §§364.1 – 364.5, to add clarifying language and adds language to §364.3(d) to clarify emphasize that failure to take the examination during the eligibility window will render the license void.

CHAPTER 364. REQUIREMENTS FOR LICENSURE
40 TAC §§364.1 – 364.5

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §364.1. Requirements for Licensure, §364.2. Initial License by Examination, §364.3. Temporary License, §364.4. Licensure by Endorsement, and §364.5. Recognition of Out-of-State License of Military Service Members and Military Spouses. The amendments revise the sections, including to cleanup and clarify the sections, make changes to enhance the alignment of the sections with the Board’s new licensing system, revise requirements, in general, and amend the sections pursuant to House Bill 5629 and Senate Bill 1818 of the 89th Regular Legislative Session and the changes effective September 1, 2025, that are made by such to Texas Occupations Code Chapter 55.

BACKGROUND AND JUSTIFICATION

The amendments to the sections include cleanups and clarifications. For example, clarifying language is added with regard to applications that such are prescribed by the Board and cleanups include replacing “Examination” with “Exam” in §364.3, with regard to a form received from the National Board for Certification in Occupational Therapy (NBCOT).

Clarifications to the sections include a revision to §364.3(d) as well. The current §364.3(c)(3) already requires that to be issued a temporary license, an applicant must submit the form noted above, which must be sent directly to the Board by NBCOT and which reflects the eligibility window in which the applicant will take the examination. §364.3(d) also currently stipulates, correspondingly, that if the applicant fails the examination, fails to take the examination during the eligibility window as stated on the Confirmation of Examination Registration and Eligibility to Examine form from NBCOT, or fails to have the score reported, the temporary license is void and must be returned to the Board. The amendments will add to such the phrase “received pursuant to subsection (c)(3) of this section,” with regard to the noted form. Such a clarification will add to the provision further emphasis that failure to take the examination during the eligibility window as stated on the form that was received prior to and as a condition for the issuance of the license will render the license void.

A clarification is also made to add language to §364.1(d)(1) to align such better with Texas Occupations Code §55.007, which concerns the crediting, with regard to applicants with military experience, of verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the state agency. §55.007 includes that individuals with a restricted license or who have an unacceptable criminal history according to the law applicable to the state agency are not eligible for such a service and amendments to §364.1(d)(1) add related language.

The amendments, in addition, include revisions to better align the sections with the Board’s new licensing system and facilitate a more efficient licensing process, for example, by requiring that those applying for a temporary license submit an application for such. This will assist the Board in obtaining necessary application materials and information and ensure that the section requires an application as, due to system components in the new system, the application for temporary licensure could no longer be embedded in the application for initial licensure.

A general change to the requirements in the sections pertains to removing the item in §364.1 concerning continuing an expired initial-licensing application for an additional year by submitting the application fee. The change to remove this process is made to increase the consistency in the rules and align such with the Board’s other licensing applications, which expire after one year, after which time, a new, up-to-date application must be submitted. The change will ensure that applicants meet current application requirements and that the information and required items submitted for such are accurate and not outdated.

Changes are also made pursuant to the 89th Legislative Session and House Bill 5629 and Senate Bill 1818, which amend Texas Occupations Code Chapter 55. The changes, which address fee waivers, expedited services, complaint recording and publishing information, and licensure requirements for military service members, military veterans, and military spouses, and the recognition of an out-of-state license for a military service member and military spouse, will align the sections and requirements with the recent legislation.

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Amending 40 TAC §369.1, to improve language clarity and to improve alignment with the Board’s new licensing system.

CHAPTER 369. DISPLAY OF LICENSES
40 TAC §369.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §369.1. Display of Licenses. The amendments cleanup and clarify the section and make changes to enhance the alignment of the section with the Board’s new licensing system.

BACKGROUND AND JUSTIFICATION

The amendments to the section include cleanups and clarifications. A cleanup is made, for instance, to remove language concerning a verification resource to match a similar change made elsewhere in the board rules as part of prior rulemaking and to align related online license verification information with other extant language in the board rules. With regard to fees for a replacement license, the amendments will clarify that such are set by the Executive Council of Physical Therapy and Occupational Therapy Examiners.

Amendments to the section also include further clarifications and better align the section with the Board’s new licensing system, which will facilitate a more efficient license-replacement process. Currently, the section requires a written request for a replacement license and the Board provides a related form licensees may access on its website. The amendments will remove a reference to a written request and instead add language that requires a form as prescribed by the Board. The changes will assist the Board in ensuring that the necessary materials and information are submitted in a standardized format and align the rule better with the new licensing system, which requires an application for the online submission of a request.

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Amending 40 TAC §§370.1 – 370.3, to improve clarity and revise the sections to align the sections and requirements with the recent legislation.

CHAPTER 370. LICENSE RENEWAL
40 TAC §§370.1 – 370.3

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §370.1. License Renewal, §370.2. Late Renewal, and §370.3. Restoration of a Texas License. The amendments revise the sections, including to cleanup and clarify the sections and amend the sections pursuant to House Bill 5629 and Senate Bill 1818 of the 89th Regular Legislative Session and the changes effective September 1, 2025, that are made by such to Texas Occupations Code Chapter 55.

BACKGROUND AND JUSTIFICATION

The amendments to the sections include cleanups and clarifications. For example, cleanups to §370.3 include removing references to specific sections of Chapter 367, Continuing Education, of the board rules and replacing such with references to the whole chapter. This will ensure that the references are up-to date and that future changes to Chapter 367 that might relocate certain information to other areas of the chapter will not affect the continuing accuracy of §370.3.

The amendments also include clarifications, for example, by adding to the sections language such as “as prescribed by the Board,” with regard to applications, and adding “Texas” in front of “Occupations Code” in §370.2.

Changes are also made pursuant to the 89th Regular Legislative Session and House Bill 5629 and Senate Bill 1818, which amend Texas Occupations Code Chapter 55. The changes, which address fee waivers, expedited services, and complaint recording and publishing information with regard to military service members, military veterans, and military spouses, will align the sections and requirements with the recent legislation.

Pursuant to such, for example, a provision regarding fee waivers for military service members, military veterans, and military spouses is added to the section. Board rules require that individuals who were previously licensed in Texas and whose licenses are expired one year or more restore a license, rather than apply for a new license. Such, for example, supports public protection by helping to ensure that individuals maintain the same license number, which allows for public licensure information, including any disciplinary action, to be associated with and searchable by the same license number for a certain license type. This allows the public to more easily access comprehensive licensing information concerning an individual. Correspondingly, though, as such individuals, as noted, are required to restore, fee waivers are added to the section for military service members, military veterans, and military spouses so that they may avail themselves of the waivers provided by amendments to Texas Occupations Code §55.009, which expand fee waivers for that cohort, pursuant to House Bill 5629.

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Amending 40 TAC §371.1, §371.2, to improve clarify, combine the requirements for renewing a license and changing a license to inactive status, and add an application requirement for those seeking to return to active status from retired status.

CHAPTER 371. INACTIVE AND RETIRED STATUS
40 TAC §371.1, §371.2

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §371.1, Inactive Status, and §371.2, Retired Status. The amendments cleanup and clarify the sections and make changes to enhance the alignment of the sections with the agency’s new licensing system and support a more efficient licensing process.

BACKGROUND AND JUSTIFICATION

Cleanups include changes to §371.1 to combine the requirements to put a license on and renew a license on inactive status as the requirements for both are equivalent. Similar changes are made, with regard to retired status, to §371.2. Such changes will simplify the sections.

The amendments to the sections include clarifications. For example, language is added, with regard to applications, that such are prescribed by the Board. A further clarification concerns the duration a licensee may remain on inactive status. Section 371.1(a) already included that one may remain on inactive status for no more than six consecutive years, but corresponding text did not also appear before “three renewals”; and a renewal cycle is of a two-year duration. The amendments will replace “three renewals” with “three consecutive renewal cycles” so that the text will include “A licensee may remain on inactive status for no more than three consecutive renewal cycles or six consecutive years.”

Amendments to the section also include further clarifications and better align the section with the Board’s new licensing system. Currently, the sections include descriptive qualifiers such as “renewal application form” or “retired status form” with respect to certain forms required for licensing actions concerning changing or renewing certain licensing statuses. Such qualifiers are limiting and may serve as impediments to making the licensing process more efficient, for instance, by referencing certain application types that, due to changes in internal licensing software or capabilities, for example, may no long accommodate or may not best accommodate such processes. Indeed, the agency’s move to a new licensing system has created opportunities for the development of application processes that may make such functions more efficient and removing such qualifiers supports the more agile development of such.

The amendments also include the addition of a requirement that those seeking to return to active status from retired status submit a related application. The change will ensure that when such a request is submitted, the necessary information and materials are submitted for such, which will ensure a more efficient licensing process. Such will also facilitate the integration of this licensing action into the agency’s new licensing system.

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Amending 40 TAC §374.1, §374.2, to require licensees to report disciplinary action by another licensing authority and judgments or settlements in a malpractice claim and update language to improve clarity.

CHAPTER 374. DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS
40 TAC §374.1, §374.2

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to the Schedule of Sanctions figure in 40 Texas Administrative Code §374.1, Disciplinary Actions, and §374.2, Detrimental Practice. The amendments will revise the sections, including to add items concerning reporting certain information to the Board and clarify and cleanup related items concerning detrimental practice.

BACKGROUND AND JUSTIFICATION

An amendment to §374.1 will add a provision requiring licensees to report disciplinary action by another licensing authority and judgments or settlements in a malpractice claim. The amendment is proposed to ensure that the Board is apprised of such and, thus, better able to identify the possible need to investigate any related violations of the OT Act and Rules.

A related amendment to the Schedule of Sanctions in the section will include the addition of a violation that corresponds to the new item. Likewise, an additional amendment is made to the Schedule of Sanctions to add an item that corresponds to a similar, extant item in the section regarding reporting felony convictions. The amendments are proposed to identify the corresponding discipline for such violations.

The amendment to §374.2 will update the definition of “practiced occupational therapy in a manner detrimental to the public health and welfare” to clarify conduct that constitutes grounds for disciplinary action against license holders for failing to give sufficient prior written notice of resignation. The amendment will remove existing text that addresses a different term of notice for those with an existing contract or who are self-employed and have a comparable written agreement with clients; the change will ensure that the item specifies that fourteen days’ written notice is required. The change will clarify the provision and the required minimum days’ notice that must be given by licensees to help ensure that sufficient notice is given to avoid the loss or delay of occupational therapy services. The revision will also add language to the provision identifying such as “patient abandonment.” A related change to the Schedule of Sanctions in §374.1 is made to correspond to the revision. The amendments are proposed to ensure that the rules clearly identify the conduct that may be considered detrimental practice and the corresponding discipline. The changes will also facilitate the ability of individuals and the Board to identify violations and related discipline in order to ensure the health, safety, and welfare of the public.

The amendments include further cleanups to remove language such as “in this paragraph” from §374.2 and related items in the Schedule of Sanctions.

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Amending 40 TAC §375.1, to remove outdated references and a provision concerning payments after an insufficient fund check has been processed by the Board.

CHAPTER 375. FEES
40 TAC §375.1

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §375.1. Fees. The amendments clarify and cleanup the section and remove unnecessary provisions.

BACKGROUND AND JUSTIFICATION

The amendments to the section include clarifications. For example, revisions include replacing “TAC” with Texas Administrative Code and clarifying and simplifying text concerning refunds to correspond to extant language elsewhere in the board rules that fees are non-refundable.

The amendments also remove an outdated reference to the requirement that applicants for a license pay the application fee plus the appropriate license fee. In the past, such fees were consolidated into one application fee and the amendments are made to ensure that the section reflects such changes.

Further cleanups include removing a provision concerning payments after an insufficient funds check has been processed by the Board and an item concerning the suspension of a license for failure to pay child support as such are no longer necessary; in the case of the former, an individual is not required to submit payment in a particular manner after such a check has been processed and, in the case of the latter, the Board does not suspend licensees for such as §370.1(b) of the board rules already includes that the Board will not renew a license if it receives information from a child support agency that a licensee has failed to pay child support under a support order for six months or more as provided by Texas Family Code §232.0135 and that if all other renewal requirements have been met, the license will be renewed when the child support agency notifies the Board it may renew the license. Such amendments will ensure that the section, likewise, reflects the other current extant rules and licensure processes.

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Texas State Board of Pharmacy

Adopted Rules Re:

Adopting 22 TAC §291.6, to increase pharmacy license fees based on expected expenses following the appropriations made to TSBP.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.6

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.6, concerning Pharmacy License Fees. These amendments are adopted without changes to the proposed text as published in the July 4, 2025, issue of the Texas Register (50 TexReg 3851). The rule will not be republished.

The amendments increase pharmacy license fees based on expected expenses following the appropriations made to TSBP under the General Appropriations Act of the Eighty-Ninth Legislature.

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Adopting 22 TAC §291.9, to allow a pharmacist or pharmacy to deliver specific prescription drugs by means through a contract carrier and unmanned aircraft systems.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.9

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.9, concerning Prescription Pick Up Locations. These amendments are adopted without changes to the proposed text as published in the June 27, 2025, issue of the Texas Register (50 TexReg 3716). The rule will not be republished.

The amendments allow a pharmacist or pharmacy to deliver prescription drugs by means of a contract carrier and certain prescription drugs by use of unmanned aircraft systems.

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Adopting 22 TAC §291.12, to allow a pharmacist or pharmacy to deliver specific prescription drugs by means through a contract carrier and unmanned aircraft systems.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.12

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.12, concerning Delivery of Prescription Drugs. These amendments are adopted without changes to the proposed text as published in the June 27, 2025, issue of the Texas Register (50 TexReg 3717). The rule will not be republished.

The amendments allow and specify requirements for delivery of prescription drugs by contract carriers and unmanned aircraft systems.

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Adopting 22 TAC §291.17, to remove inventory notarization requirements.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.17

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.17, concerning Inventory Requirements. These amendments are adopted without changes to the proposed text as published in the June 27, 2025, issue of the Texas Register (50 TexReg 3719). The rule will not be republished.

The amendments remove inventory notarization requirements.

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Adopting 22 TAC §295.5, to increase pharmacy license fees based on expected expenses following the appropriations made to TSBP.

CHAPTER 295. PHARMACISTS
22 TAC §295.5

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §295.5, concerning Pharmacist License or Renewal Fees. These amendments are adopted without changes to the proposed text as published in the July 4, 2025, issue of the Texas Register (50 TexReg 3852). The rule will not be republished.

The amendments increase pharmacist license fees based on expected expenses following the appropriations made to TSBP under the General Appropriations Act of the Eighty-Ninth Legislature.

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Adopting 22 TAC §297.4, to increase pharmacy license fees based on expected expenses following the appropriations made to TSBP.

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.4

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §297.4, concerning Fees. These amendments are adopted without changes to the proposed text as published in the July 4, 2025, issue of the Texas Register (50 TexReg 3853). The rule will not be republished.

The amendments increase pharmacy technician registration fees based on expected expenses following the appropriations made to TSBP under the General Appropriations Act of the Eighty-Ninth Legislature.

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Texas Health and Human Services Commission

In Addition Re:

Speech-Language Pathologists and Audiologists Enforcement Plan

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at their regularly scheduled meeting held on July 8, 2025, the Commission adopted the Texas Department of Licensing and Regulation’s (Department) revised enforcement plan, which was established in compliance with Texas Occupations Code § 51.302(c).

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