Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 795
717-820 p. ; 28 cm.View a full description of this periodical.
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the December 3, 2021, issue of the Texas Register (46 TexReg
8228) and will not be republished. Section 367.3, Continuing Ed-
ucation Audit, was adopted with changes to the proposed text as
published in the December 3, 2021, issue of the Texas Register
(46 TexReg 8228) and will be republished.
The change upon adoption to 367.3, Continuing Education Au-
dit, will replace in 367.3(e) the phrase "the name and signature
of the authorized signer or the official seal, letterhead, or logo
of the authorized signer if an area designated for a signature is
not included" with "the name of the authorized signer and either
the signature of the authorized signer or the official seal, letter-
head, or logo of the authorized signer if an area designated for a
signature is not included." The change will clarify that if an area
designated for a signature is not included on official documen-
tation of a CE activity, the official seal, letterhead, or logo of the
authorized signer may be included.
The amendments to 367.2, Categories of Education, revise cur-
rent continuing education requirements and include cleanups
and clarifications. The revisions include the substitution of the
phrase "Creation of a new" with "Development of a" in an item
concerning the development of a formal academic course or
courses from an occupational therapy program. Such a change
will allow licensees to count the development of a course or
courses, which includes the creation of a new course or courses,
for continuing education credit. The amendments add that the
required documentation for certain categories of continuing edu-
cation, such as the development of a formal academic course
from an occupational therapy program or the development of
publications, includes an attestation by the licensee of the dates
and duration of the corresponding activities completed. This
documentation will ensure that licensees attest to the activities
they have completed for credit for such categories. The revisions
also include the replacement of an item concerning the develop-
ment of practice-related or instructional materials using alterna-
tive media by an item concerning the development of practice-re-
lated or instructional software.
The changes to the section also include, with regard to the maxi-
mum credit available for certain activities and/or categories, sub-
stituting a phrase such as "maximum" with "up to a maximum of";
such amendments will not change the amount of credit available
for the activities and/or categories, but will, instead, make related
language more uniform throughout the chapter.
The amendments to 367.2 add additional categories of continu-
ing education and activities eligible for continuing education. For
example, the amendments add that licensees may count the de-
velopment of a professional or community/service presentation
for continuing education credit.
The amendments include changes that would allow licensees to
count an independent study for continuing education. Due to the
change, the amendments also include the removal of the phrase
"Reading journals" from a provision in 367.1, Continuing Edu-
cation, concerning unacceptable activities not eligible for contin-
uing education. Continuing education activities completed by the
licensee for license renewal shall be acceptable if falling under
one or more of the categories of continuing education activities
included in 367.2, Categories of Education, and meeting fur-
ther requirements of Chapter 367, Continuing Education. The
phrase "Reading journals" has been removed, however, to re-
duce possible confusion concerning the new independent study
category and the activities that may be counted for such, which
may include the reading of journals, provided such meets other
requirements of that category.Amendments to 367.3, Continuing Education Audit, revise con-
tinuing education documentation to clarify and expand the items
that may be included for such. A change to the section, with
regard to items that may serve as continuing education docu-
mentation, includes striking "an official transcript" and replacing
such with "transcripts." Additional changes include the informa-
tion that must be on continuing education documentation. The
section currently includes that documentation must include the
signature of the authorized signer. The amendments add that if
an area designated for the signature of the authorized signer is
not included, the official seal, letterhead, or logo of the autho-
rized signer may be included, instead.
No comments were received regarding adoption of the amend-
ments.
The amendments are adopted under Texas Occupations Code
454.102, Rules, which authorizes the Board to adopt rules to
carry out its duties under Chapter 454, and adopted under Texas
Occupations Code 454.254, Mandatory Continuing Education,
which authorizes the Board to assess the continuing education
needs of license holders, establish a minimum number of hours
of continuing education required to renew a license, and de-
velop a process to evaluate and approve continuing education
courses.
367.3. Continuing Education Audit.
(a) The Board shall select for audit a random sample of li-
censees. The audit will cover a period for which the licensee has al-
ready completed the continuing education requirement.
(b) Licensees randomly selected for the audit must provide to
TBOTE appropriate documentation within 30 days of notification.
(c) The licensee is solely responsible for keeping accurate doc-
umentation of all continuing education requirements. Continuing edu-
cation documentation must be maintained for two years from the date
of the last renewal for auditing purposes.
(d) Continuing education documentation includes, but is not
limited to: transcripts, AOTA self-study completion certificates, copies
of official sign-in or attendance sheets, course certificates of atten-
dance, certificates of completion, and letters of verification.
(e) Documentation must identify the licensee by name, and
must include the date and title of the course; the name of the authorized
signer and either the signature of the authorized signer or the official
seal, letterhead, or logo of the authorized signer if an area designated
for a signature is not included; and the number of hours or contact hours
awarded for the course. When continuing education units (CEUs), pro-
fessional development units (PDUs), or other units or credits are listed
on the documentation, such must be accompanied by documentation
from the continuing education provider noting the equivalence of the
units or credits in terms of hours or contact hours.
(f) Knowingly providing false information or failure to re-
spond during the audit process or the renewal process is grounds for
disciplinary action.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on February 7,
2022.
TRD-202200380ADOPTED RULES February 18, 2022 47 TexReg 795
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/81/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.